[Ord. No. 1540, 6-26-2023]
The following general provisions apply to the uses outlined in this article.
(a) 
More than one principal use may be erected on a single lot, provided that requirements of this part are met for each structure as though it were on an individual lot.
(b) 
In a zoning district, allowable uses are either permitted by right or require a special exception or a conditional use permit to be developed.
(c) 
A building, structure, or land may only be used for uses as permitted in the zoning district, except for the continuation of existing nonconforming uses.
(d) 
The continuation of any use legally existing and permitted at the time of the adoption of these regulations is permitted, subject to the nonconforming use standards specified in § 1303.240.
[Ord. No. 1540, 6-26-2023]
(a) 
Permissible uses allowed in each zoning district and are defined in this part. They are identified in the following tables:
(1) 
Table 1303.A, Principal Uses: Residential and Lodging Uses.
(2) 
Table 1303.B, Principal Uses: Civic and Institutional Uses.
(3) 
Table 1303.C, Principal Uses: Agriculture, Forestry, and Open Space Uses.
(4) 
Table 1303.D, Principal Uses: Retail Uses.
(5) 
Table 1303.E, Principal Uses: Service Uses.
(6) 
Table 1303.F, Principal Uses: Adult Uses.
(7) 
Table 1303.G, Principal Uses: Infrastructure Uses.
(8) 
Table 1303.H, Principal Uses: Industrial Uses.
(9) 
Table 1303.I, Accessory Uses.
(10) 
Table 1303.J, Temporary Uses.
(b) 
Principal, accessory, and temporary uses are given one of the following designations in their respective tables.
(1) 
Permitted by right ("P"). These uses are permitted by right in the zoning districts in which they are listed subject to the regulations under this part.
(2) 
Permitted by special exception ("SE"). These uses are not permitted by right but are subject to the special exception standards and criteria specified in § 1301.260(c)(2) of this part in addition to any specific use regulations of this article.
(3) 
Permitted by conditional use ("C"). These uses are not permitted by-right but are subject to the conditional use permit requirements in § 1301.230(b) of this part in addition to any specific use regulations of this article.
(4) 
Nonpermitted uses. Uses not permitted within a zoning district must be deemed excluded. The Zoning Officer must determine the classification of all land uses with the context and intent of this part and must issue a decision regarding whether a particular use is permitted or excluded in a zoning district, in accordance with this part.
[Ord. No. 1540, 6-26-2023]
Uses are grouped into general categories, which are further broken into subcategories and specific use types that are specifically defined in this part.
[Ord. No. 1540, 6-26-2023]
(a) 
If a use is clearly not provided for in this article, then the proposed use must be considered a special exception use and be approved pursuant to the requirements specified in § 1301.260(c)(2) of this part.
(b) 
In addition to the special exception requirements, the proposed use must be approved based on the following use character eligibility standards:
(1) 
The proposed use must be consistent with and meet the stated purpose and intent of the zoning district within which the use is being proposed.
(2) 
The proposed use must be consistent with and uphold the general form, function, and design character of the neighborhood within which the use is being proposed.
[Ord. No. 1540, 6-26-2023]
Table 1303.A
Principal Uses: Residential and Lodging Uses
Key:
P = Permitted by right
SE = Permitted by special exception
C = Conditional use
Blank Cell = Nonpermitted use
Uses
Mapped Zoning Districts
Civic District
Very Low Density Neighborhood
Low Density Neighborhood
Moderate Density Neighborhood
Neighborhood Center
Corridor District
Urban District
Town Center
Special District
CD
R-VL
R-L
R-M
M-N
M-C
M-U
TC
SD
Assisted living facility
P
P
P
P
Bed-and-breakfast
C
C
C
Community residence
P
P
P
P
P
Dwelling, single-family detached
P
P
P
P
P
Dwelling, single-family semiattached
P
P
P
Dwelling, two-family
P
P
P
P
Dwelling, townhouse
P
P
P
Dwelling, multifamily
P
P
P
P
Halfway house
C
C
C
Hotel/apartment hotel
P
P
P
Manufactured home community
C
Motel
P
Short-term rental
C
C
C
C
Temporary shelter facility
C
C
C
C
This category of uses encapsulates those for residential and overnight accommodations.
(a) 
Assisted living facility. Any premises in which food, shelter, assisted living services, assistance or supervision and supplemental health care services are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation from the residence in the event of an emergency or medication prescribed for self-administration.
(b) 
Bed-and-breakfast. A private residence providing temporary lodging to the public consisting of no more than 10 sleeping rooms and in which breakfast is the only meal served and is included in the lodging charge. The following use regulations apply:
(1) 
The residential nature of the neighborhood or the character of the dwelling as a residence must not be altered.
(2) 
Kitchen facilities must comply with the requirements of the Allegheny County Health Department.
(3) 
Access to guest rooms must be via a main entrance, lobby, or foyer within the building. No guest room must have a separate exterior access, except as may be required by applicable fire or building codes.
(4) 
No employees who are not otherwise eligible to be a member of the same household with the owner of the bed-and-breakfast may live on-site.
(5) 
A bed-and-breakfast may have a sign in accordance with Article 1305 of this part.
(6) 
Off-street parking requirements must comply with the parking and loading standards of the Town Subdivision and Land Development Ordinance (Part 11 on the Town Municipal Code).
(c) 
Community residence. A single-family dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of unrelated persons with disabilities plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty-four-hour basis, or present whenever residents with disabilities are present at the dwelling. A community residence must be licensed where required by any appropriate government agencies, and a copy of any such licenses must be delivered to the Town prior to beginning the use. A community residence includes group home and recovery community uses as defined below. The maximum capacities for each shall be the total number of residents who are permitted to reside in community residence at any time.
(1) 
Group home. A single-family dwelling unit occupied as a single housekeeping unit in a family-like environment by persons with disabilities plus support staff. Residents are supervised by a sponsoring entity or its staff which furnishes habilitative services to the group home residents. A group home is owned or operated under the auspices of a nonprofit association, private care provider, government agency, or other legal entity, other than the residents themselves or their parents or other individuals who are their legal guardians. Interrelationships between residents are an essential component of a group home. A group home imposes no time limit on how long an individual can reside in the group home. A group home is a relatively permanent living arrangement where tenancy is measured in years.
(2) 
Recovery community. A temporary residential living arrangement for persons leaving an institutional setting and in need of a supportive living arrangement to readjust to living outside the institution. Interrelationships between residents is an essential component of a halfway house. Residency is limited to a specific number of weeks or months. Residents are receiving therapy and counseling from support staff who are present when residents are present to help them recuperate from the effects of drug or alcohol addiction.
(d) 
Dwelling. A building containing one or more dwelling units. The term dwelling or any phrase including dwelling does not include hotel, rooming house and boardinghouse, hospital, or other accommodations used for transient occupancy.
(1) 
Single-family detached dwelling. A building used by one family, having only one dwelling unit, and surrounded by open space or yards and which is not attached to any other dwelling by any means. Only one single-family detached dwelling is permitted for each legally subdivided lot.
(2) 
Single-family semi-attached dwelling. One of two buildings arranged or designed as a dwelling, located on abutting lots, and separated from each other by a solid partition, without openings, extending from the basement floor to the highest portion of the roof along the dividing lot line and separated from any other building or structure by space on all sides.
(3) 
Two-family dwelling. A building located on one lot containing not more than two dwelling units, arranged one above the other or side by side, and not occupied by more than two Families.
(4) 
Townhouse dwelling. One of a series of a minimum of three and a maximum of eight attached dwelling units separated from one another by continuous vertical solid partitions without opening from basement floor through the roof.
(5) 
Multifamily dwelling. A building containing three or more dwelling units and occupied by three or more families.
(e) 
Halfway house. A temporary residential living arrangement for persons leaving an institutional setting and in need of a supportive living arrangement to readjust to living outside the institution. Interrelationships between residents is an essential component of a halfway house. Residency is limited to a specific number of weeks or months. Residents are receiving therapy and counseling from support staff who are present when residents are present, for one or more of the following purposes:
(1) 
To help them reenter society while housed under supervision while under the constraints of alternatives to imprisonment including, but not limited to, prerelease, work release, or probationary programs (not a disability).
(2) 
To help persons with family or school adjustment problems that require specialized attention and care to achieve personal independence (not a disability).
(f) 
Hotel/apartment hotel. A facility offering temporary lodging to the public consisting of 10 or more sleeping rooms with a bathroom for each room and providing daily room cleaning services and other guest services. In-room kitchen facilities may or may not be provided. Secondary service uses may also be provided, such as restaurants and meeting rooms. This use includes apartment hotel, which is a hotel where at least 50% of the gross habitable floor area is used by permanent residents. The following use regulations apply:
(1) 
A private lobby shall be included.
(2) 
Rooms shall be accessed from the interior of the building, including from interior courtyards, lobbies, or halls.
(g) 
Manufactured home community. A parcel or contiguous parcels of land that has been so designed and improved that it contains three or more manufactured home spaces for the placement thereon of manufactured homes. A manufactured home community shall be developed pursuant to Article 1107, Manufactured Home Park Standards of the Town Subdivision and Land Development Ordinance (Part 11 of the Town Municipal Code).
(h) 
Motel. A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designed with separate exterior entrances, and designed for year-round occupancy, primarily for transient automobile travelers and providing for accessory off-street parking facilities. Motel includes buildings designated as tourist courts, tourist cabins, motor lodges, and similar terms.
(i) 
Short-term rental. A principal use of a dwelling unit where, for compensation, temporary lodging is provided for transient guests for less than 30 consecutive days and meals are not provided. This use does not include hotel/apartment hotel, motel, or bed-and-breakfast. The following use regulation apply:
(1) 
Permit required.
A. 
A zoning permit or certificate of use is required for a short-term rental use the same as any other principal use. Operation of a short-term rental without a zoning permit or certificate of use is a violation of this part.
B. 
Permit application requirements. In addition to the permit requirements of § 1301.220, short-term rental permit applications must contain the following information:
1. 
The name, address, telephone number, and email address of the owner.
2. 
The name, address, and twenty-four-hour telephone number of the designated local property representative.
3. 
Floor plan identifying rooms on all floors, specific location of bedrooms, and location of any pools labeled as either in-ground or aboveground.
4. 
The total number of bedrooms.
5. 
If the building is a multiunit structure, the total number of dwelling units in the structure and the number of dwelling units being used as short-term rentals.
6. 
A diagram or aerial photograph showing the location and number of on-site parking spaces.
7. 
Copy of current permit or certificate identifying that the short-term rental owner is registered with the Allegheny County Treasurer's Office to collect hotel room rental tax.
8. 
Copy of current Pennsylvania sales and use tax permit or signed attestation that a third party collects this on behalf of the short-term rental owner.
9. 
Signatures of the owner and the designated local property representative.
10. 
By signing the short-term rental application, the owner gives authorization to the Town to enter onto the property to inspect and ensure compliance with this part and all applicable ordinances and regulations administered and enforced by the Town.
11. 
Written notice to an applicable homeowners' association, indicating the intent to make the application for use of the subject residential property for a short-term rental, when applicable.
C. 
A separate short-term rental zoning permit or certificate of use is required for each dwelling unit being rented as a short-term rental.
(2) 
Operating standards.
A. 
Local property representative. The property owner must designate a local property representative. The name, address, and telephone number of the property owner and local property representative must be kept on file at the Town. The local property representative must be available 24 hours per day, seven days per week, for the following purposes:
1. 
To respond within one hour to complaints regarding the condition, operation, or conduct of occupants of the short-term rental.
2. 
To take remedial action to resolve any such complaints.
3. 
Failure to provide the contact information, failure to keep the contact information current, failure to respond in a timely manner to complaints, or the occurrence of repeated complaints may result in the suspension or revocation of approval or civil or criminal penalties.
B. 
Occupancy. Maximum daytime and overnight occupancy of the short-term rental must be based on the UCC standards. The property owner or local property representative must be responsible for ensuring that the dwelling unit is in conformance with its maximum occupancy.
C. 
Restrictions on use. A renter may not use a short-term rental for a purpose not incidental to its use for lodging or sleeping purposes. This restriction includes using the rental for a wedding, banquet, reception, bachelor or bachelorette party, concert, fundraiser, sponsored event, or any similar group activity.
D. 
Parking. Outdoor parking for overnight and day guests shall be limited to available parking areas on the short-term rental property. Parking for short-term rental guests shall not include any lawns or vegetated areas or spaces in any right-of-way.
E. 
Overnight occupancy of recreational vehicles, camper trailers, and tents at the property where the short-term rental is located is prohibited. Outdoor overnight sleeping of occupants or guests of the short-term rental is prohibited.
F. 
Signage. No outdoor signs related to the rental of the dwelling unit are permitted on the site.
G. 
Informational packet. A packet of information must be provided to renters and posted conspicuously in the common area of the short-term rental summarizing guidelines and restrictions applicable to the short-term rental use, including:
1. 
The physical street address of the property.
2. 
The maximum number of occupants permitted to stay in the dwelling unit and the maximum number of day guests permitted at any one time.
3. 
Applicable noise and use restrictions.
4. 
Location of designated off-street parking and maximum number of vehicles allowed.
5. 
The trash pick-up day and notification that trash and refuse must not be left or stored outside of designated receptacles on the exterior of the property.
6. 
The name of the owner of the unit and or the local property representative and a telephone number at which that party can be reached on a twenty-four-hour basis.
7. 
Evacuation routes.
8. 
The renter's responsibility not to trespass on private property or to create disturbances.
9. 
Notification that an occupant or guest may be cited and fined for creating a disturbance or for violating other provisions of the Town Municipal Code, including parking and occupancy limits.
10. 
Notification that short-term rental occupants and guests are required to make the property available for inspection by the Town upon request.
H. 
A copy of the Town short-term rental permit must be posted within the dwelling unit.
I. 
Insurance. The property owner shall maintain on file at the Town an up-to-date certificate of insurance documenting that the dwelling is insured as a short-term or vacation rental.
J. 
Short-term rental occupants or guests shall not engage in disorderly conduct or disturb the peace and quiet of any nearby neighborhood or person by loud, unusual, or excessive noise, by tumultuous or offensive conduct, public indecency, threatening, traducing, quarreling, challenging to fight, or fighting, or creating a dangerous or physically offensive condition.
K. 
The owner or local property representative shall use best efforts to assure that the occupants or guests of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or otherwise violate provisions of the Town Municipal Code or any state law pertaining to noise or disorderly conduct including, but not limited to, notifying the occupants of the rules regarding short-term rentals and responding when notified that occupants are violating laws, ordinances, or regulations regarding their occupancy.
L. 
The owner or local property representative shall, upon notification that occupants or guests of the short-term rental have created unreasonable noise or disturbances, engaged in disorderly conduct, or otherwise violated provisions of the Town Municipal Code or state law pertaining to noise or disorderly conduct, promptly use best efforts to prevent a recurrence of such conduct by those occupants or guests.
M. 
A short-term rental shall not have any outside appearance indicating a change of use.
N. 
Fireworks and floating lanterns are prohibited.
O. 
Subleasing all or a portion of the dwelling unit is prohibited.
(j) 
Temporary shelter facility. A public or nonprofit facility providing temporary, emergency housing, and social, health, and related services for families or individuals 18 years of age or older, who are without resources and access to shelter. The following regulations apply:
(1) 
The use shall only be operated by or in conjunction with a governmental, nonprofit, welfare or charitable service.
(2) 
The maximum number of residents of the lodging shall be based upon a ratio of one person for every 50 square feet of interior space devoted to sleeping area, not to exceed 100 residents.
(3) 
The facility shall have staffing on-site during all hours of operation.
(4) 
At least one toilet and shower must be provided for every 15 shelter beds.
(5) 
New temporary shelter facilities shall not be located within 2,000 feet of another temporary shelter, or a community home, halfway house, medical clinic, hospital, school, or park.
(6) 
The temporary shelter facility must be open to the individuals it serves for 24 hours per day, including the provision of an indoor waiting area for use by individuals when a portion of the facility is not open for operation. Lodging must be provided on a reservation or referral basis so that clients will not be required or allowed to queue for services outdoors.
(7) 
All functions associated with the temporary shelter facility, except for children's play areas, outdoor recreation areas, and parking must take place within the building housing the shelter.
[Ord. No. 1540, 6-26-2023]
Table 1303.B
Principal Uses: Civic and Institutional Uses
Key:
P = Permitted by right
SE = Permitted by special exception
C = Conditional use
Blank Cell = Nonpermitted use
Uses
Mapped Zoning Districts
Civic District
Very Low Density Neighborhood
Low Density Neighborhood
Moderate Density Neighborhood
Neighborhood Center
Corridor District
Urban District
Town Center
Special District
CD
R-VL
R-L
R-M
M-N
M-C
M-U
TC
SD
Assembly, neighborhood
P
P
P
P
P
Assembly, general
P
P
P
P
Government facility
P
P
Higher education
P
Hospital
P
Hospital, small-format
P
P
P
Library/museum
P
P
Medical marijuana academic research center
C
Police/fire/EMS
P
School (pre-K through high school)
P
Stadium/arena
P
A category of uses that fulfill the needs of day-to-day community life, including assembly, public services, education facilities, and hospitals.
(a) 
Assembly. A facility that has organized services, meetings, or programs to benefit, educate, entertain, or promote discourse amongst the residents of the community in a public or private setting. Includes such uses as religious institutions, houses of worship, community centers, auditoriums, civic centers, convention centers, performing arts facilities, motion picture theaters, and recreation centers.
(1) 
Assembly, neighborhood. An assembly use that occupies a building with less than 10,000 square feet of gross floor area.
(2) 
Assembly, general. An assembly use that occupies a building with 10,000 square feet or more gross floor area.
(b) 
Government facility. A single-purpose public facility used for civic functions, which includes a place for public assembly in a portion of the facility, for the executive, legislative, or judicial branches of the state or a political subdivision thereof. Includes Town Hall, Town Council chambers, and courts. Does not include office buildings occupied by a government entity that are also utilized by private or nongovernmental occupants.
(c) 
Higher education. An institution for post-secondary education, public or private, that grants associate or bachelor's degrees and may also have research facilities or professional schools that grant master's and doctoral degrees.
(d) 
Hospital. A licensed institution providing medical care and health services to the community, primarily ill or injured in-patients. These services may be located in one building or clustered in several buildings, one of which must provide emergency services, and may include additional hospital-affiliated accessory uses such as laboratories, in- and out-patient facilities, training facilities, medical offices, staff sleeping quarters (but not full-time residences), food service, heliports, pharmacies, laundry facilities, florists, vendors of medical equipment, opticians, and gift shops. The following use regulations apply:
(1) 
Minimum lot area shall be five acres.
(2) 
A traffic study shall be prepared by a professional engineer, in accordance with the traffic impact study requirements specified in the Town Subdivision and Land Development Ordinance (Part 11 of the Town Municipal Code). The traffic study shall include the following additional traffic study elements and requirements for the institution.
A. 
The property shall front on an arterial road or major collector roadway.
B. 
The roadway network shall be sufficient to accommodate the predicted vehicular traffic and to ensure safe and efficient vehicular access for emergency management equipment.
C. 
Emergency entrances shall be located on a building elevation which faces away from adjoining residences or residential zoning districts or is set back a minimum of 500 feet from the residences or residential zoning districts.
D. 
The institution shall submit a copy of its emergency operations plan (EOP) to the Town Emergency Management Agency or Coordinator. The EOP shall include detailed information regarding solid, medical, and hazardous materials and waste handling including a listing of all medical and hazardous materials and wastes used and generated on site and evidence indicating the disposal of all materials and wastes will be accomplished in a manner that compiles with State and Federal regulations.
E. 
Buffers and screens shall be in accordance with the buffer standards specified in the Town Subdivision and Land Development Ordinance (Part 11 of the Town Municipal Code).
(e) 
Small-format hospital. A facility that regularly makes available clinical laboratory services, diagnostic radiological services, treatment facilities for medical treatment, or other services associated with hospitals licensed by the Pennsylvania Department of Health. These services may be in a building with other principal uses including medical clinics. The following use regulations apply:
(1) 
The maximum gross floor area of a small-format hospital is 40,000 square feet.
(2) 
The facility is permitted no more than 15 emergency room bays and no more than 15 inpatient beds for medical-related use 24 hours per day by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, or disease.
(f) 
Library/museum. A structure open to the public housing educational, cultural, artistic, or historic information, resources, and exhibits. Library/museum includes such uses as libraries, museums, aquariums, planetariums, and exhibitions, which may also have secondary uses such as theater space, food service, and a gift shop.
(g) 
Medical marijuana academic research center. An accredited medical school within this commonwealth that operates or partners with an acute care hospital licensed within Pennsylvania. The following use regulations apply:
(1) 
A medical marijuana academic clinical research center must provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval, and at all times shall maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be revoked or denied at any time, any Town approval will immediately become void.
(2) 
A medical marijuana academic clinical research center shall at all times operate in compliance with Act 16 of 2016, 35 P.S. § 10231.101 et seq., as amended, and all Department of Health regulations pertaining to such facilities.
(3) 
A medical marijuana academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Department of Health.
(4) 
A medical marijuana academic clinical research center must be located in a facility owned and used by an accredited medical school within this commonwealth that operates or partners with an acute care hospital licensed within this Commonwealth.
(h) 
Police/fire/EMS. A facility providing public safety and emergency services. Training facilities, locker rooms, and limited overnight accommodations may also be included.
(i) 
School, pre-kindergarten through high school. Public or private education facilities with classrooms and offices, which may also include associated indoor and outdoor facilities such as ball courts, gymnasium, theater, food service, and athletic fields. An accessory school stadium is not considered a stadium/arena. Facilities may be on a larger-scale campus and include significant traffic and parking. The following use regulations apply:
(1) 
The applicant shall meet all requirements of the Commonwealth of Pennsylvania Code, Title 25, Chapter 171, Schools and state and federal requirements for the construction, remodeling or alteration, or conversion of an existing property to an educational facility.
(j) 
Stadium/arena. A building or structure seating more than 1,000 spectators in tiered seating at sporting events, concerts, meetings, and gatherings of large groups. A stadium/arena may be open air or covered by either a fixed or retractable roof. The following use regulations apply:
(1) 
Major entrances. A stadium/arena shall have multiple public entrances, including one major entrance on the front building elevation as designated by the property owner. Such entrances shall be well-marked to cue access and use through means of enhancement that may include but are not limited to architectural, landscape, or graphic treatments. Where possible, major entrances shall take advantage of prominent intersection locations.
[Ord. No. 1540, 6-26-2023]
Table 1303.C
Principal Uses: Agriculture, Forestry, and Open Space Uses
Key:
P = Permitted by right
SE = Permitted by special exception
C = Conditional use
Blank Cell = Nonpermitted use
Uses
Mapped Zoning Districts
Civic District
Very Low Density Neighborhood
Low Density Neighborhood
Moderate Density Neighborhood
Neighborhood Center
Corridor District
Urban District
Town Center
Special District
CD
R-VL
R-L
R-M
M-N
M-C
M-U
TC
SD
Agriculture operation
C
Community garden
P
P
P
P
P
P
Forestry operation
P
P
P
P
P
P
P
P
P
Intensive park uses
C
Medical marijuana grower/processor
C
Nature preserve
P
Outdoor shooting range
C
Park
P
P
P
P
P
P
P
P
P
A category of uses generally applicable to the use of the land that may not require buildings or other facilities. Such uses may include agriculture, active or passive, public, or private, outdoor recreation, education, or entertainment.
(a) 
Agriculture operation. An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock, and livestock products and in the production, harvesting and preparation for market or use of agricultural commodities, and agronomic, horticultural, silvicultural, and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged on a farm or are consistent with technological development within the agricultural industry. The following use regulations apply:
(1) 
A farm shall have a minimum of five acres.
(2) 
One residential dwelling unit is allowed on five acres; one additional dwelling unit is permitted on each additional 10 acres.
(3) 
No large or medium size farm animals are permitted on less than 10 acres. Two large or medium size farm animals are permitted on 10 acres. Two additional large or medium size farm animals are permitted on each acre over 10 acres. If these limitations are exceeded as a result of a newborn, the owner is permitted six months to adjust the number of animals in accordance with these limitations.
(4) 
Small animals are permitted and shall be restrained by an enclosure, fence or leash run area, in the rear yard, not closer than 30 feet to a lot line and the total of these areas shall not exceed 25% of the rear yard.
(5) 
For a farm less than 10 acres, the total ground area covered by agricultural commodities other than large and medium size farm animals, but including farm buildings, enclosures, fences, and leashed areas, shall not exceed 50% of the lot area.
(6) 
No farm animal or farm building is permitted in the front yard except buildings used exclusively for on-site sales. An on-site sales structure must be set back a minimum of 35 feet and off-site parking provided.
(7) 
Required fences or leashed areas shall be set back 50 feet minimum from any lot line provided that enclosures, fences or buildings for pigs, sheep or goats shall be set back 175 feet minimum. Areas planted with agricultural commodities shall be set back 20 feet minimum.
(8) 
Farm buildings, except as otherwise provided herein, shall be set back a minimum of 175 feet from any lot line.
(9) 
Open manure piles or farm buildings storing manure shall be located, constructed and managed in strict conformance with all state and federal regulations, including the state's Nutrient Management Act, Chapter 22, and regulations promulgated under this Act, and managed so as to prevent a direct adverse effect on the health, safety and general welfare of the surrounding area. Leachate or water runoff from the farm must be controlled to prevent pollution of wells and state watercourses.
(10) 
Buffer yards along lot lines adjacent to residential uses may be required by Council.
(11) 
Electric fences may be approved by Council.
(12) 
Boarding of horses and riding academies are permitted on farms larger than 15 acres.
(13) 
Direct commercial sales of agricultural commodities on the land or farm is permitted, if at least 50% of the commodities sold are produced on the farm.
(14) 
Storage of all farm equipment and farm vehicles shall be inside a farm building.
(15) 
Fence lines and pastures cannot cross streams with defined banks.
(16) 
Erosion and sedimentation control regulations must be followed.
(b) 
Community garden. A space used to grow plants for personal use, education, recreation, community distribution, or beautification by local residents. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained or used by garden members. The following use regulations apply:
(1) 
Requirements for food production.
A. 
The site must have reliable and legal access to an on-site source of water. A water storage system for non-potable purposes is permitted.
B. 
The site shall be operated in a manner that prevents the drainage of water or chemicals onto any neighboring property.
C. 
Site operators shall ensure that soils are suitable for food production and shall obtain any permits for operation required by law.
D. 
Tools, supplies, and machinery shall be stored in an enclosed structure or removed from the property daily. All chemicals and fuels shall be stored off the ground in an enclosed, locked structure when the site is unattended.
E. 
The site must be maintained using organic agricultural practices, including the use of organic chemicals, when applicable. Use of pesticides must be in accordance with the Pennsylvania Pesticide Control Act of 1973 (Act of Mar. 1, 1974, P.L. 90, No. 24).
F. 
At the end of the growing season (and no later than December 15 of each year), all plant material must be cut to no more than six inches in height, unless there is an agricultural reason for keeping the plant materials uncut.
G. 
One sign containing the name and phone number of the primary contact person for the site is required. The sign shall be designed in accordance with Article 1305, Signs, of this part. The sign shall be visible from the most active adjacent street.
(2) 
Operating rules. Applicants must establish operating rules addressing the governance structure of the community garden, hours of operation, maintenance, assignment of garden plots when applicable, and security requirements.
(3) 
Garden coordinator. Applicants must identify a garden coordinator to manage the garden and act as the point of contact with the Town. The coordinator shall be an employee or volunteer of a public entity, non-profit organization, or other community-based organization. Applicants must file the name and telephone number of the garden coordinator and a copy of the operating rules with the Zoning Officer.
(c) 
Forestry operation. The management of forests and woodlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development. The following use regulations apply:
(1) 
To encourage maintenance and management of forested or wooded open space and promote the conduct of forestry as a sound and economically viable use of forested land and forestry activities, including, but not limited to timber harvesting, and to comply with the MPC, as amended, forestry shall be a permitted use by right in all zoning districts. The following standards apply to all timber harvesting within the Town where the value of trees, logs, or other timber products removed exceed $1,000. These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement.
(2) 
Policy and purpose. To conserve forested open space and the environmental and economic benefits they provide, is the policy of the Town of McCandless to encourage the owners of forestland to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife, and amenity values. The timber harvesting regulations are intended to further this policy by promoting good forest stewardship, protecting the rights of adjoining property owners, minimizing the potential for adverse environmental impacts, and avoiding unreasonable and unnecessary restrictions on the right to practice forestry.
(3) 
Notification and preparation of a logging plan.
A. 
For all timber harvesting operations, the Landowner shall notify the Zoning Officer at least 10 business days before the operation commences and within 10 business days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.
B. 
Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this part. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Zoning Officer upon request.
C. 
The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
D. 
Contents of the logging plan. As a minimum the logging plan shall include all the following:
1. 
The design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails, and landings.
2. 
The design, construction, and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars.
3. 
The design, construction, and maintenance of stream and wetland crossings.
4. 
The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.
5. 
A sketch map or drawing containing the site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within the property; significant topographic features related to potential environmental problems; location of all earth disturbance activities such as roads, landings, and water control measures and structures; location of all crossings of waters of the commonwealth; and the general location of the proposed operation to municipal and state highways, including any accesses to those highways.
6. 
Documentation of compliance with the requirements of all applicable state regulations including, but not limited to, the following; erosion and sedimentation control regulation contained in Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to The Clean Streams Law (35 P.S. § 691.1 et seq.; and stream crossing and wetlands protection regulations contained in Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).
7. 
Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified above, provided all information required is included or attached.
(4) 
Forest practices. The following requirements shall apply to all timber harvesting operations in the Town.
A. 
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Town or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
B. 
No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing vehicular access to adjoining residential property.
C. 
All tops and slash between 25 and 50 feet of any public roadway or private roadway providing vehicular access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above ground.
D. 
No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.
E. 
Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.
(5) 
Responsibility for road maintenance and repair: road bonding. Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49; and Title 67 Pennsylvania Code, Chapter 189, the landowner and the operator shall be responsible for repairing any damage to Town roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic, and may be required to furnish a bond to guarantee the repair of such damages.
(6) 
Inspections. The Zoning Officer may go upon the site of any timber harvesting operation before, during, or after active logging to review the logging plan or any other required documents for compliance with the standards and inspect the operation for compliance with the logging plan and other on-site requirements of these regulations.
(d) 
Intensive park uses. A category of impactful uses that includes buildings (including additions of 1,000 square feet or more to existing buildings), golf courses, riding stables, zoos, campsites, and group camps. Buildings may contain service uses (see § 1303.180) that are subordinate to and support the park use.
(e) 
Medical marijuana grower/processor. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Department of Health to grow and process medical marijuana. The following use regulations apply:
(1) 
The medical marijuana grower/processor must comply with the following criteria:
A. 
Access. Ingress or egress shall be from an arterial or collector street. A marginal access street shall be provided if its use will reduce the number of curb cuts on the arterial or collector street as determined by Town Council.
B. 
A landscaping plan shall be submitted with the site plan showing the site's buffer area in accordance with the buffer standards specified in the Town Subdivision and Land Development Ordinance (Part 11 of the Town Municipal Code). The buffer shall exist around the entire perimeter of the site.
C. 
Six-foot-high fences shall be placed around the perimeter of the site inside of the buffer area.
D. 
All outside signs and lighting will be constructed and operated in a manner that will not cause disruptive color alteration or illumination of or otherwise interfere with neighboring properties. Lighting shall not interfere with the surrounding area or distract traffic. The property owner must address any lighting complaints.
E. 
No storage may take place outside of the building.
(2) 
A medical marijuana grower/processor shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval and at all times shall maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be revoked or denied at any time, any Town approval shall immediately become void.
(3) 
A medical marijuana grower/processor shall at all times operate in compliance with Act 16 of 2016, 35 P.S. § 10231.101 et seq., as amended, and all Department of Health regulations pertaining to such facilities.
(4) 
A medical marijuana grower/processor shall only grow, store, harvest, or process medical marijuana in an indoor, enclosed, secure facility, which includes electronic locking systems, electronic surveillance and any other features required by the Department of Health.
(5) 
A medical marijuana grower/processor shall only provide wholesale products to medical marijuana dispensaries. Retail sales and dispensing of medical marijuana and related products is prohibited at a medical marijuana grower/processor.
(6) 
A medical marijuana grower/processor shall submit to the Town and the Department of Health its system to track the plant waste resulting from the growth of medical marijuana or other disposal, including the name and address of any disposal service.
(f) 
Nature preserve. Areas in which human activities are very limited and where the natural environment is protected from human-made changes by a conservancy or conservation easement. The nature preserve includes woodland preservation, game preserves, and wildlife sanctuaries.
(g) 
Outdoor shooting range. An establishment that provides outdoor shooting range facilities for firearms.
(1) 
Minimum lot area shall be 10 acres.
(2) 
Minimum lot width shall be 500 feet.
(3) 
The range area must be at least 200 feet from any lot line or street right-of-way. The use must also be located at least 1,000 feet from any existing dwelling.
(4) 
An earthen background berm must be provided within 20 feet of the farthest target post to prevent passage of wild or ricocheting bullets. The berm shall meet the following requirements.
A. 
The berm shall have a slope of not less than one vertical to two horizontal and must extend at least eight feet above the ground level of the highest target.
B. 
The crest of the berm at the eight-foot minimum height limit shall be at least four feet in width as measured between the wall of the berm facing the range and the opposite wall.
(5) 
Earthen side berms must be provided immediately adjacent to the range and shall extend from the firing line to the background berm.
(6) 
Only targets mounted on target posts shall be permitted. No targets of any kind shall be set directly on the ground.
(7) 
Warning signs must be posted at least 10 feet from the outside of the berm.
(8) 
The firing range shall be free of gravel and other hard surface materials and be adequately drained.
(9) 
Adult supervision must be provided for children under 16 years of age.
(10) 
Buffers and screens shall be in accordance with the buffer standards specified in the Town Subdivision and Land Development Ordinance (Part 11 of the Town Municipal Code).
(11) 
A valid firing range permit must be obtained from the McCandless Chief of Police in accordance with § 709.03 of the Town Municipal Code.
(h) 
Park. A use of land for active or passive, public, or private, outdoor space, including such uses as parks, plazas, greens, parkettes, playfields, playgrounds, recreation centers, and tot lots for general recreation, athletics, and leisure. May include historic structures or monuments, botanical gardens, ornamental gardens, or arboretums. Accessory uses may include picnic areas, fishing, ziplines, and swimming pools. See also: intensive park. The following use regulations apply:
(1) 
Hours of operation. Hours of operation must be conspicuously posted at park entrances.
(2) 
Site design components, landscape, furnishings, and art. The Town shall review and approve the design of any fencing, buildings, structures, historic and monument sites, playground equipment, athletic equipment, decorative fountains, human-made ponds and water features, and signs within any park, prior to such items being installed.
(3) 
Events. Park uses may be utilized to host temporary festivals, events, and farmers' markets pursuant to § 1303.230, Temporary uses.
[Ord. No. 1540, 6-26-2023]
Table 1303.D
Principal Uses: Retail Uses
Key:
P = Permitted by right
SE = Permitted by special exception
C = Conditional use
Blank Cell = Nonpermitted use
Uses
Mapped Zoning Districts
Civic District
Very Low Density Neighborhood
Low Density Neighborhood
Moderate Density Neighborhood
Neighborhood Center
Corridor District
Urban District
Town Center
Special District
CD
R-VL
R-L
R-M
M-N
M-C
M-U
TC
SD
Beer/wine/liquor sales
C
P
P
P
Commercial equipment and supply
P
Electronic cigarette/vaporizer store
P
P
P
Firearm establishment
C
Medical marijuana dispensary
C
C
C
Outdoor sales lot
P
SE
Retail, neighborhood
P
P
P
P
Retail, general
P
P
P
A category of uses involving the sale of goods and provision of services to the public for personal or household consumption. Visibility and accessibility are important to these uses, as most businesses typically rely heavily on walk-in customers or clients and rarely utilize scheduled appointments.
(a) 
Beer, wine, liquor sales. A retail use that primarily sells beer, wine, or liquor with or without nonalcoholic beverages and other incidental goods for off-site consumption only. This does not include a retail use that sells some beer, wine, or liquor in addition to its primary goods, such as a grocery store. In the Neighborhood Center (M-N) Zoning District, the operating hours for beer, wine, liquor sales are limited to no earlier than 6:00 a.m. and no later than 10:00 p.m.
(b) 
Commercial equipment and supply. A use involving the large-scale sale of goods to residents or businesses within the region. The goods or merchandise sold may be of the same type or a variety of types and typically occupy a space greater than 20,000 square feet. This use may include bulk sales and typically involves frequent commercial vehicle and consumer traffic. This use is primarily located indoors but may also include accessory outdoor storage of goods. This includes such uses as those listed below (this is not an exhaustive list).
(1) 
Typical commercial equipment and supply uses.
A. 
Bottled gas (such as propane) sales and supply.
B. 
Heating and air-conditioning supply, sales, and service.
C. 
Building materials, hardware, and lumber supply machine sales and rental.
D. 
Cabinet supply (display only).
E. 
Electrical supply.
F. 
Plumbing sales and service.
G. 
Farm equipment and supply wholesale trade.
(c) 
Electronic cigarette/vaporizer store. A business establishment for which more than 50% of the gross floor area is dedicated to the storage, mixing, display, or retail sale of electronic cigarette devices, nicotine-enriched solutions, or liquid products that are manufactured for use with electronic cigarettes.
(d) 
Firearms establishment. A business establishment, duly licensed by the appropriate agencies of the United States of America and the Commonwealth of Pennsylvania, that more than 50% of the gross floor area is dedicated to selling firearms, either by wholesale or retail, mail order or any other manner; manufacturing firearms or ammunition; training in the use of firearms; or providing an indoor shooting range facility. The following use regulations apply:
(1) 
The lot line for such a use must be located at least 500 feet measured in a straight line, without regard to intervening structures or objects, from the nearest lot line of a lot with any of the following uses:
A. 
School.
B. 
Playground or park.
C. 
Neighborhood service.
D. 
Religious institution.
E. 
Community home or other drug or alcohol rehab establishment.
F. 
Residential uses.
(2) 
An adequate security system shall be provided as determined by the Town Council to be appropriate.
(e) 
Medical marijuana dispensary. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health of the Commonwealth of Pennsylvania (Department of Health) to dispense medical marijuana. The following use regulations apply:
(1) 
A medical marijuana dispensary shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval and at all times shall maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be revoked or denied at any time, any Town approval shall immediately become void.
(2) 
A medical marijuana dispensary shall at all times operate in compliance with Act 16 of 2016, 35 P.S. § 10231.101 et seq., as amended, and all Department of Health regulations pertaining to such facilities.
(3) 
A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, secure facility within this commonwealth, as approved by the Department of Health and with other features required by the Department of Health. No exterior sales, no outdoor seating, and no drive-through services shall be permitted.
(4) 
A medical marijuana dispensary may not operate on the same site as a medical marijuana grower/processor except as permitted by the medical marijuana Act of 2016 and its amendments.
(5) 
A medical marijuana dispensary may not be located within 1,000 feet of the lot line of a public, private or parochial school or day-care center unless this requirement is waived by the Department of Health.
(6) 
A medical marijuana dispensary shall submit to the Town and Department of Health its system to track the waste, including the name and address of any disposal service.
(f) 
Outdoor sales lot. A use involving the sale of goods or merchandise to businesses or the public, where the majority of the goods are stored or displayed outdoors. Outdoor sales lot include such uses as: the sale and rental of automobiles, trucks, trailers, boats, and recreational vehicles; and the outdoor sale of building materials, landscape materials, and garden supplies. The following use regulations apply:
(1) 
Outdoor sales lots are not permitted on a corner lot.
(2) 
An outdoor sales lot must include permanent construction of a building utilizing one of the permitted building types in the district.
(3) 
Items on display must comply with the principal building setbacks of the applicable zoning district in Article 1302.
(4) 
In the Urban District (M-U):
A. 
The outdoor sales lot must be located behind the principal building.
B. 
The outdoor display area must be no more than 10,000 square feet.
(g) 
Neighborhood retail. A retail use with a gross floor area of less than 3,000 square feet and outdoor sales limited to no more than 10% of the indoor gross floor area of the retail use. Neighborhood retail includes such uses as those listed below. In the event a specific neighborhood retail use is not identified in this subsection, the Zoning Officer shall have the authority to review the proposed use and the applicant shall submit to the Zoning Officer such additional information as the Zoning Officer deems necessary to render an official determination under this part.
(1) 
Typical neighborhood retail uses.
Antique shop
Apparel, shoes, or accessory store
Art gallery and sales
Art or education supplies
Bakery with no distribution
Bicycle and accessory sales
Book or video store
Camera and photo supply store
China or glassware
Cigar, cigarettes, tobacco shop
Collectables store
Craft store
Discount variety store (e.g., dollar stores or five and dime stores)
Drug or cosmetics store, except medical marijuana Dispensary
Electronics sales
Fabric and sewing supply store
Florist
Framing shop
Furrier shop, no storage
Garden supply or nursery
Gift, novelty, and souvenir shop
Grocery store
Hardware store
Home furnishings and accessories
Jewelry or gem store
Luggage or leather goods
Magazine or newspaper store
Music or musical instruments
Office machines and supply
Optical goods
Paint and wallpaper store
Party supply shop
Pet or pet supplies shop
Public market
Secondhand sales of any item permitted for sale new
Small appliance store
Specialty food (candy, fish, produce, prepared foods, etc.)
Sporting goods
Stationery and paper store
Toy or baby supplies
(h) 
General retail. A retail use with a gross floor area of 3,000 square feet or greater and outdoor sales limited to no more than 25% of the indoor gross floor area of the retail use. General retail includes such uses as those listed below (this is not an exhaustive list).
(1) 
Typical general retail uses.
All typical neighborhood retail uses 3,000 square feet and over
Appliance sales
Automotive supply (no service)
Computer software sales and leasing
Department store
Medical supply store, except medical marijuana dispensary
Motorcycle and motor scooter sales, limited outdoor display
Nursery
Outdoor recreation equipment
Public market
[Ord. No. 1540, 6-26-2023]
Table 1303.E
Principal Uses: Service Uses
Key:
P = Permitted by right
SE = Permitted by special exception
C = Conditional use
Blank Cell = Nonpermitted use
Uses
Mapped Zoning Districts
Civic District
Very Low Density Neighborhood
Low Density Neighborhood
Moderate Density Neighborhood
Neighborhood Center
Corridor District
Urban District
Town Center
Special District
CD
R-VL
R-L
R-M
M-N
M-C
M-U
TC
SD
Adult day-care center
P
P
P
Animal daycare and training
P
P
Automobile fueling
SE
SE
Automobile sales and rental
P
P
Automobile service/car wash
P
P
Brew pub
C
P
P
P
Cattery
P
P
P
Child day-care
P
P
P
P
Drinking places
C
P
P
Drive-through business
SE
Eating places
P
P
P
P
Entertainment assembly
P
P
Kennel
P
P
Medical clinic
SE
SE
SE
SE
Microbrewery, microdistillery, microwinery
C
P
P
P
Office uses
P
P
P
P
P
Pawn shop/check cashing establishment
P
P
Private club
P
P
Self-storage facility
C
Self-storage facility, indoor, climate-controlled
C
C
Service, general
P
P
P
P
Service, neighborhood
P
P
P
P
P
Smoking places
P
P
P
Tattoo/piercing parlor
P
A category of uses that provide patrons services and limited retail products related to those services.
(a) 
Adult day-care center. Any premises operated for profit in which adult day care is simultaneously provided for four or more adults who are not relatives of the operator. Adult day care is care given for part of the twenty-four-hour day to adults requiring assistance to meet personal needs and who, because of physical or mental infirmity, cannot themselves meet these needs, but who do not require nursing care.
(b) 
Animal day care and training. A facility providing services such as domestic animal day care for part of a day, obedience classes, training, grooming, or behavioral counseling. The following use regulations apply:
(1) 
All animal day care and training facilities shall be licensed by the Pennsylvania Department of Agriculture and shall be constructed and maintained in accordance with the Pennsylvania Code, Title 7, Chapter 21, as amended.
(2) 
Overnight boarding is not permitted.
(3) 
Outdoor play yards are permitted, provided that they are fully enclosed by a fence or wall. All such enclosures shall be set back a minimum of 150 feet from all lot lines.
(4) 
The applicant shall furnish evidence of effective means of animal and veterinary waste collection and disposal which shall be continuously implemented.
(c) 
Automobile fueling. A business involving the sale and distribution of fuel or electric vehicle charging stations. A convenience store may also be included as a secondary use, as well as the sale of propane and kerosene. The following use regulations apply:
(1) 
Proximity restriction. No automobile fueling use shall be located within a 1,200-foot radius of another automobile fueling use.
(2) 
Bathroom facilities. At least one bathroom must be provided and open during regular business hours for customers.
(3) 
All electric vehicle charging stations must comply with the requirements in Table 1303.I and § 1303.220.
(d) 
Automobile sales and rental. A commercial facility that offers automobiles, trucks, or limousines for sale or for rent or lease for specific periods of time, including a stand-alone facility for automobile leasing services associated with an off-site automobile dealership. The following use regulations apply:
(1) 
Exterior vehicle display areas must meet the regulations of outdoor sales lot in Table 1303.D and § 1303.170.
(e) 
Automobile service/car wash. A business involving the servicing of vehicles. A convenience store may also be included as a secondary use, as well as the sale of propane and kerosene. Vehicle service includes such uses as vehicle repair, car wash facilities, or tire sales and mounting. Engine rebuilding, bodywork, and painting are included in this definition. The following use regulations apply:
(1) 
Use limitation. Repair and wash facilities for vehicles that are not automobiles are not permitted.
(2) 
Outdoor storage. Disabled or inoperable vehicles and those awaiting pick-up may be stored outdoors under all the following conditions:
A. 
No more than six vehicles are stored for no more than two days each.
B. 
The storage area is located in the rear yard and screened from view of the front lot line. The screening shall be a minimum of eight feet high and shall be a galvanized chain link fence with privacy slats.
C. 
The storage area shall also be screened from adjacent uses through a continuous four-foot-wide opaque evergreen planting located in the side and rear yard. The planting shall be a minimum of 10 feet high at maturity.
D. 
The vehicles must be stored in a legitimate parking space, and not in the public right of way or in a part of the lot not specifically designated as a parking space.
(3) 
All repairs or washing activities must occur inside a structure.
(4) 
Temporary outdoor display of seasonal items, such as windshield wiper fluid or salt, is permitted adjacent to the principal structure.
(5) 
Environmental controls.
A. 
Car washes shall include a water reclamation system for the purpose of recycling water to the maximum degree possible given the equipment to be used in conducting car wash activities.
B. 
Filtration of wastewater shall be conducted before discharge to a sanitary sewer system.
C. 
A National Pollutant Discharge Elimination System (NPDES) permit from the Pennsylvania Department of Environmental Protection is required to discharge wastewater directly into a surface water body or to a storm sewer that discharges to a surface water body.
D. 
Residual sludge shall be disposed of in accordance with the Pennsylvania Department of Environmental Protection requirements and standards.
(f) 
Brew pub. An eating place, as defined herein, that includes as an accessory use the on-premises production of alcoholic beverages, including beer, wine, cider, and distilled liquors, which produces less than 100,000 gallons of such beverages per year, and primarily sells its beverages on-site, either for on- or off-premises consumption. The area used for brewing, distilling, bottling, and kegging shall not exceed 30% of the total gross leasable floor area. The brew pub must be licensed by the Pennsylvania Liquor Control Board and any successor agency of the commonwealth. In the Neighborhood Center (M-N) Zoning District, the operating hours for a brew pub are limited to no earlier than 6:00 a.m. and no later than 10:00 p.m.
(g) 
Cattery. An enterprise for the business of grooming or boarding cats, breeding cats for sale, or selling those cats, including animal rescue.
(h) 
Child day care. Any licensed premises operated for profit in which child day care is provided simultaneously for seven or more children who are not relatives of the operator, except such centers operated under social service auspices. Child day care means care in lieu of parental care given for part of the twenty-four-hour day to children under 16 years of age, away from their own homes as follows:
(1) 
Care provided to a child at the parent's work site when the parent is not present in the childcare space.
(2) 
Care provided in private or public, profit or nonprofit facilities.
(3) 
Care provided before or after the hours of instruction in nonpublic schools and in private nursery schools and kindergartens.
(4) 
Child day care does not include child day care furnished in places of worship during religious services.
(i) 
Drinking places. An establishment licensed and permitted under the Pennsylvania Liquor Control Board to sell alcoholic beverages, including beer, wine, and liquor for on-site consumption. The following use regulations apply:
(1) 
Snacks may be served.
(2) 
A full-service kitchen is prohibited. (See eating places.)
(j) 
Drive-through business. An establishment that provides service through a drive-through with no walk-in service such as a drive-through ATM or bank. The following use regulations apply:
(1) 
Lot size. Lot sizes shall be large enough to efficiently and safely serve the operations of the vehicle drive-through facility while accommodating all necessary elements of good and efficient site design of vehicle drive-through facilities.
(2) 
Number. No more than one drive-through business may be permitted per lot.
(3) 
Placement. Sites with multiple commercial buildings on the property, drive-through facilities shall be located internal to the site away from corners, intersections of streets or from the street frontages, to reduce the visibility of vehicle drive-through traffic on the site from street view.
(4) 
Site access.
A. 
Access driveways to vehicle drive-through facilities shall be located as far away as possible from street intersections and corners and designed in accordance with the applicable street design standards.
B. 
The number of access driveways into a site shall be minimized to reduce conflicts between turning vehicles and other users of the street, reduce curb cuts and interruptions to the sidewalk.
C. 
Vehicle queuing lanes must be separated from all aisles, must not result in additional curb cuts along the same street frontage and must not have direct ingress and egress from any street.
D. 
Vehicle queuing lanes must not be directly accessible from a street.
E. 
Vehicle queuing lanes must not obstruct or interfere with parking spaces, pedestrian aisles or walkways, and loading or service areas.
(5) 
Parking.
A. 
Parking areas where possible shall avoid having pedestrians cross driveways or vehicle queuing lanes to enter the building.
B. 
The parking areas shall not conflict with the ingress and egress of the vehicle queuing lanes. This can be achieved by locating the parking areas away from the vehicle queuing lanes or clearly delineating the parking areas with appropriate barriers and signage.
(k) 
Eating places. An establishment selling prepared foods for on-premise consumption, carry-out, or drive-through. Includes such uses as restaurants, cafes, coffee shops, diners, delis, fast-food establishments, lunch counters, and cafeterias. Eating places, which do not include brew pubs, may sell alcoholic beverages, including beer, wine, and liquor for on-site consumption as permitted through the Pennsylvania Liquor Control Board.
(l) 
Entertainment assembly. A facility, other than a stadium/arena or adult establishment, for holding events, indoors or outdoors, to which members of the public are invited with or without charge. Events may include theatrical performances; music performances; dances, balls; shows or exhibitions; or sporting events.
(m) 
Kennel. Any establishment, either for profit or not for profit, available to the general public where a dog or dogs are housed by the day, week, or a specified or unspecified time, including for animal rescue. Any kennel shall comply with the definitions and regulations of the Pennsylvania Dog Law, 3 P.S. §§ 459-101 et seq. Any kennel located within the Town shall be required to comply with all county and state regulations associated with licensure and shall provide proof of required licensure to the Town upon request. The following use regulations apply:
(1) 
All kennels shall be licensed by the Pennsylvania Department of Agriculture and shall be constructed and maintained in accordance with the Pennsylvania Code, Title 7, Chapter 21, as amended.
(2) 
All animal boarding buildings that are not completely enclosed, and any outdoor animal pens, stalls, or runways shall be located within the rear yard and screened from adjoining properties shall be a minimum of 150 feet from all lot lines.
(3) 
All outdoor recreation areas shall be enclosed to prevent the escape of animals. All such enclosures shall be set back a minimum of 150 feet from all lot lines.
(4) 
The applicant shall furnish evidence of effective means of animal and veterinary waste collection and disposal which shall be continuously implemented.
(n) 
Medical clinic. Medical clinic means a licensed institution providing same-day, walk-in, or urgent medical care and health services to the community, primarily ill or injured out-patients, which is not a hospital or medical office, and which shall not include methadone or drug rehabilitation clinics. The following use regulations apply:
(1) 
Provision of an indoor waiting area for use by individuals when a portion of the facility is not opened for operation is required, so that clients will not be required or allowed to queue for services outdoors.
(o) 
Microbrewery, microdistillery, microwinery. A facility for the production, packaging, and sampling of alcoholic beverages, including beer, wine, cider, mead, and distilled liquors, for retail or wholesale distribution, for sale or consumption on- or off-premises, and which produces less than 100,000 gallons of such beverages per year. It may include a restaurant (i.e., eating place), tasting room, and retail space to sell the product on site. Nanobreweries shall be included under this definition. The microbrewery, microdistillery, microwinery must be licensed by the Pennsylvania Liquor Control Board and any successor agency of the commonwealth. The following use regulations apply:
(1) 
At least 50% of the alcoholic beverages produced must be consumed on-site.
(2) 
In the Neighborhood Center (M-C) Zoning District, the operating hours for a microbrewery, microdistillery, microwinery are limited to no earlier than 6:00 a.m. and no later than 10:00 p.m.
(p) 
Office uses. A category of uses for businesses that involve the transaction of affairs or the training of a profession, service, industry, or government. Patrons of these businesses usually have set appointments or meeting times; the businesses do not typically rely on walk-in customers. Office uses include those listed below (this is not an exhaustive list):
(1) 
Typical office uses.
Architecture/engineering/design
Broadcasting, recording, and sound studio
Business consulting
Charitable institutions
Computer programming and support
Construction trade and contractor (office only)
Data processing
Detective services
Educational services (tutor and testing)
Employment agency
Financial and insurance
Government offices and facilities
Laboratories, medical, dental, optical
Legal services
Management services
Medical and dental offices (other than in hospitals or on a hospital campus, and other than clinics)
News agency
Physical therapy/physical rehabilitation
Property development
Public relations and advertising
Real estate and apartment finders
Research agency
Research and development
Support offices for other uses
Surveying
Trade schools
Training center
(q) 
Pawn shop/check cashing establishment. An establishment primarily engaged in the businesses of lending money on the security of pledged goods left in pawn; purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller; or providing cash to patrons for, payroll, personal, and bank checks.
(r) 
Private club. An establishment that operates for the good of the club's membership for legitimate purposes of mutual benefit, entertainment, fellowship, or lawful convenience. A private club must reserve its facilities for members and must have genuinely exclusive membership criteria. A private club must adhere to its constitution and bylaws, hold regular meetings open to its members, conduct its business through officers who are regularly elected, admit members by written application, investigation and ballot, charge and collect dues from elected members, and maintain records as required by law. The sale of alcohol must be secondary to the actual reason for the club's existence and be licensed by the Pennsylvania Liquor Control Board. The Town may conduct routine inspections of the premises to ensure the absence of illegal activity on the premises, adequate maintenance of the interior and exterior of the premises, the absence of public disturbance or nuisance, and compliance with the zoning and other applicable regulations.
(s) 
Self-storage facility. Any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such space for the purpose of storing and removing personal property. The following use regulations apply:
(1) 
Minimum lot area must be a minimum of one acre.
(2) 
Access. Ingress or egress shall be from an arterial or collector street. A marginal access street shall be provided if its use will reduce the number of curb cuts on the arterial or collector street as determined by Town Council.
(3) 
Building placement and design.
A. 
Building separation front: 28 feet minimum for units less than 15 feet in depth and 42 feet minimum for units 15 feet or more in depth.
B. 
Building separation rear: 20 feet.
C. 
Maximum length of building: 200 feet.
D. 
Maximum facility unit size: 14 feet wide, 40 feet deep, and one story (15 feet) in height. If units are placed back-to-back, the maximum width of the building shall not exceed 40 feet.
E. 
Buildings shall be designed and located so that overhead doors and the interior driveways within such facilities are not visible from the adjacent public right-of-way. This provision does not apply to overhead doors that are within an enclosed self-storage building and that are visible only through windows of the building.
F. 
No door openings for any storage unit shall be visible at ground level from any lot in a Residential Zoning District.
G. 
Office space may be provided which does not exceed 5% of the net site area.
H. 
The design of personal storage facilities shall be by a Pennsylvania registered architect.
(4) 
Driveway design.
A. 
Minimum driveway width: 24 feet.
B. 
Interior drive aisle widths must be a minimum of 25 feet.
C. 
All driveways shall be paved with an impervious surface.
(5) 
Landscaping and buffering.
A. 
A landscaping plan shall be submitted with the site plan showing the site's buffer area in accordance with the buffer standards specified in the Town Subdivision and Land Development Ordinance (Part 11 of the Town Municipal Code). The buffer shall exist around the entire perimeter of the site.
B. 
Six-foot-high fences shall be placed around the perimeter of the site inside of the buffer area.
C. 
All fences or walls visible from the public right-of-way shall be constructed of decorative building materials such as slump stone masonry, concrete block, wrought iron, or other similar materials.
(6) 
Signs and lighting.
A. 
All outside signs and lighting will be constructed and operated in a manner that will not cause disruptive color alteration or illumination of or otherwise interfere with neighboring properties. Lighting shall not interfere with the surrounding area or distract traffic. The property owner must address any lighting complaints.
B. 
No signs may be placed on the buildings themselves or their rooftops. Freestanding signs denoting the site shall be the only type of sign permitted.
(7) 
A fire hydrant shall be provided on site, with its location to be determined by the Town.
(8) 
The following uses are prohibited, and all self-storage facilities' rental or use contracts must specifically prohibit the same:
A. 
Residential use or occupancy, except for a caretaker who may reside on a portion of the personal storage site.
B. 
Storage outside of the building.
C. 
Water or sanitary sewer service in the personal storage units.
D. 
Bulk storage of flammable, combustible, explosive, or hazardous materials. Nothing in this section is meant to prohibit the storage of motor vehicles, motor craft, or equipment that contain a normal supply of such fuels for their operation.
E. 
Repair, construction, reconstruction, or fabrication of any item, including but not limited to, any boats, engines, motor vehicles, lawn mowers, appliances, bicycles, or furniture.
F. 
Auctions, except as provided for the in Self-Service Storage Facilities Act[1] (Act of Dec. 20, 1982, P.L. 1404, No. 325), commercial wholesale or retail sales not related to the storage activity on the premises or garage sales. Retail sales of supplies associated with the rental of storage units or rental of vehicles shall be permitted, such as boxes, packing tape, locks, and similar items.
[1]
Editor's Note: See 73 P.S. § 1901 et seq.
G. 
The operation of power tools, spray-painting equipment, compressors, welding equipment, kilns, or other similar tools or equipment.
H. 
Any business activity within the storage units.
(9) 
On-site management shall be provided for a minimum of 20 hours per week, during the hours of 8:00 a.m. and 7:00 p.m. Contact information for management during the remaining hours of the day must be prominently posted on the premises.
(10) 
The maximum size for any storage unit shall be 20 feet by 40 feet for a total maximum of 800 square feet.
(t) 
Indoor, climate-controlled, self-storage facility. An enclosed building consisting of individual, self-contained rooms that are leased to individuals, organizations, or businesses for climate-controlled storage. Climate-controlled storage units are generally kept between 55° and 85° F. with a base humidity of 55%. The following use regulations apply:
(1) 
For building conversions, the following shall apply:
A. 
The indoor storage facility and any new additions thereto must have the appearance of an office building but do not have to be designed to look the same as the existing building.
B. 
Garage type door entries shall not be placed on the front facade area of the building.
C. 
No outside storage shall be permitted on site.
D. 
No overnight truck parking shall be allowed on the site.
E. 
No outdoor display of retail sales shall be permitted.
(2) 
Access to all individual storage units shall be through the interior of the building only.
(3) 
An indoor, climate-controlled, self-storage facility may not be located within three miles of another storage facility.
(4) 
The following uses are prohibited and all indoor, climate-controlled, self-storage facility rental or use contracts shall specifically prohibit the same:
A. 
Residential use or occupancy.
B. 
Bulk storage of flammable, combustible, explosive, or hazardous materials. Nothing in this section is meant to prohibit the storage of motor vehicles, motor craft, or equipment that contain a normal supply of such fuels for their operation.
C. 
Repair, construction, reconstruction, or fabrication of any item, including but not limited to, any boats, engines, motor vehicles, lawn mowers, appliances, bicycles, or furniture.
D. 
Auctions, except as provided for the in Self-Service Storage Facilities Act[2] (Act of Dec. 20, 1982, P.L. 1404, No. 325), commercial wholesale or retail sales not related to the storage activity on the premises or garage sales. Retail sales of supplies associated with the rental of storage units or rental of vehicles shall be permitted, such as boxes, packing tape, locks, and similar items.
[2]
Editor's Note: See 73 P.S. § 1901 et seq.
E. 
The operation of power tools, spray-painting equipment, compressors, welding equipment, kilns, or other similar tools or equipment.
F. 
Any business activity within the storage units.
(5) 
On-site management must be provided for a minimum of 20 hours per week, during the hours of 8:00 a.m. and 7:00 p.m. Contact information for management during the remaining hours of the day must be prominently posted on the premises.
(u) 
Neighborhood service. A service use with a gross floor area of less than 3,000 square feet. Neighborhood service includes such uses as those listed below (this is not an exhaustive list). The following use regulations apply:
(1) 
Neighborhood service uses may operate no earlier than 6:00 a.m. and no later than 10:00 p.m., except for the following uses, which may be open 24 hours: fitness club, athletic club, dance studio, yoga studio and gym; mailing and delivery services; photocopying and printing; and veterinary services/animal hospital (no outdoor kennels).
(2) 
Typical neighborhood service uses.
Arcades and billiards
Barbershop, beauty salon, and spas
Community service
Dry cleaning (pick-up/outlet only)
Financial depository institutions/banks, chartered and excluding check-cashing establishments
Fitness club, athletic club, dance studio, yoga studio and gym
Funeral home
Home furniture and equipment repair
Laundromat
Locksmith
Mailing and delivery services
Pet grooming
Phone sales and service
Photocopying and printing
Photography studio with supplies
Post office, limited distribution
Rental of any good permitted to be sold in the district
Repair or servicing of any good permitted to be sold in the district
Tailor or seamstress
Tanning salon
Therapeutic massage establishment, licensed proprietor
Travel agency, ticketing, and tour operator
Veterinary services/animal hospital (no outdoor kennels)
(v) 
General service. A service use with a gross floor area of 3,000 square feet or greater as well as larger-scale indoor and outdoor entertainment uses. General service includes such uses as those listed below (this is not an exhaustive list).
(1) 
Typical general service uses.
All neighborhood services over 3,000 square feet
Aquatic facilities
Archery ranges (indoor only)
Batting cages
Bowling alleys
Miniature golf courses
Recreation, commercial Indoor
Rental of any good permitted to be sold in the district
Skating rink
(w) 
Smoking places. Establishments for which the sale of tobacco products for on-site consumption yields at least 75% of gross revenues, including such uses as hookah lounges.
(x) 
Tattoo/piercing parlor. Establishments primarily in the business of applying lettering, art, and other images with permanent and semi-permanent inks, paints, pigments, or piercings to the body of patrons. The following use regulations apply:
(1) 
Proximity to certain uses. No building or premises shall be used, and no building shall be erected or altered, which is arranged, intended or designed to be used for an tattoo/piercing parlor if any part of such building or premises is situated on any part of a lot within a 250-foot radius in any direction of any lot used for, or upon which is located any building or structure used for any residential and lodging use, religious institution, medical clinic, medical office, hospital, school, facility attended by persons under the age of 18 (including but not limited to school programs, children's museums, camps, and athletic leagues), park, or other tattoo/piercing parlor.
[Ord. No. 1540, 6-26-2023]
Table 1303.F
Principal Uses: Adult Uses
Key:
P = Permitted by right
SE = Permitted by special exception
C = Conditional use
Blank Cell = Nonpermitted use
Uses
Mapped Zoning Districts
Civic District
Very Low Density Neighborhood
Low Density Neighborhood
Moderate Density Neighborhood
Neighborhood Center
Corridor District
Urban District
Town Center
Special District
CD
R-VL
R-L
R-M
M-N
M-C
M-U
TC
SD
Adult establishments
SE
(a) 
Adult establishments.
(1) 
Any commercial establishment, including but not limited to adult book stores, adult motion-picture theaters, adult mini-motion-picture theaters, adult entertainment cabaret, or other adult entertainment establishments, in which is offered for sale as a substantial or significant portion of its stock in trade video cassettes, movies, books, magazines, or other periodicals or other media which are distinguished or characterized by their emphasis on nudity or sexual conduct or activities which if presented in live presentation would constitute adult entertainment.
A. 
Adult arcade. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
B. 
Adult bookstore or video store. An establishment having as a substantial or significant portion of its stock in trade motion pictures, video recordings, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to obscene activities for observation by patrons thereof or an establishment with a segment or section devoted to the sale, rental or display of such material.
C. 
Adult cabaret. A nightclub, bar, restaurant or similar establishment that regularly features live performances that are characterized by the exposure of specific anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by any emphasis upon the depiction or description of specified activities or anatomical areas.
D. 
Adult motel. A hotel, motel, or similar commercial establishment which:
1. 
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
2. 
Offers sleeping rooms for rent four or more times one calendar day during five or more calendar days in any continuous thirty-day period.
E. 
Adult mini-motion-picture theater. An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to obscene activities for observation by patrons therein.
F. 
Adult motion-picture theater. An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to obscene activities for observation by patrons therein.
G. 
Adult theater. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas.
H. 
Escort agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts for a fee, tip, or other consideration.
I. 
Nude model studio. Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
J. 
Any commercial establishment that offers for a consideration physical contact in the form of wrestling or tumbling between persons of the other sex.
K. 
Any commercial establishment that offers for consideration activities between male and female persons or persons of the same sex when one or more persons are nude or semi-nude.
L. 
Any commercial establishment that offers for a consideration nude human modeling.
(2) 
The following use regulations apply:
A. 
Proximity to certain uses. An adult establishment must be separated from the following uses by the distances stated below. These distances are measured as a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which is use is located.
1. 
500 feet from a library.
2. 
600 feet from a residential use or residential zoning district.
3. 
750 feet from a school.
4. 
800 feet from a religious Institution, child day care, playground or park, or other child-oriented business.
5. 
3,000 feet from another adult establishment.
B. 
Where there is a conflict between the following site development regulations and those of the base zoning district, the more restrictive regulation applies.
1. 
The minimum lot area is 20,000 square feet.
2. 
The minimum lot width is 100 feet.
3. 
The minimum front setback is 100 feet.
4. 
The minimum secondary street setback is 100 feet.
5. 
The minimum side setback is 30 feet.
6. 
The minimum rear setback is 30 feet.
7. 
The maximum height of the building is 35 feet.
8. 
The maximum impervious coverage is 20%.
9. 
Buffers must be provided along all lot lines as follows:
(A) 
Filtering buffers must be provided along lot lines fronting a street.
(B) 
Screening buffers must be provided along all other lot lines.
C. 
Hours of operation. No adult establishment, other than an adult motel, shall open to do business before 10:00 a.m., Monday through Saturday, prevailing time; and no adult establishment, other than an adult motel, shall remain open after 10:00 p.m., Monday through Saturday, prevailing time. No adult establishment, other than an adult motel, shall be open for business on any Sunday or on a legal holiday as set forth in the Act of May 31, 1893, P.L. 188, § 1, as amended, 44 P.S. § 11.
D. 
No material, merchandise, film, or service offered for sale, rent, lease, loan or for view shall be exhibited, displayed, or graphically represented outside of a building or structure or that can be seen from the exterior of the building.
E. 
Any building or structure used and occupied as an adult regulated facility shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service, or entertainment are exhibited or displayed.
F. 
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service, or entertainment offered therein.
G. 
Each and every entrance to the structure shall be posted with a notice of at least four square feet that the use is an adult regulated facility restricting persons under the age of 18 from entrance.
H. 
No unlawful sexual activity or conduct shall be performed or permitted.
I. 
Prohibited activities. Any use or activity prohibited by § 5903 of the Pennsylvania Crimes Codes as amended and further defining the offense of obscenity, redefining obscene and further providing for injunctions.
J. 
No adult-related use may change to another adult-related use, except upon special exception approval.
K. 
The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.
L. 
No more than one adult-related use may be located within one building.
M. 
No person shall operate an adult establishment without first obtaining a zoning permit or certificate of use as provided in this part and all other applicable permits required by law. The permit expires after one year and a new application is required to renew the permit.
[Ord. No. 1540, 6-26-2023]
Table 1303.G
Principal Uses: Infrastructure Uses
Key:
P = Permitted by right
SE = Permitted by special exception
C = Conditional use
Blank Cell = Nonpermitted use
Uses
Mapped Zoning Districts
Civic District
Very Low Density Neighborhood
Low Density Neighborhood
Moderate Density Neighborhood
Neighborhood Center
Corridor District
Urban District
Town Center
Special District
CD
R-VL
R-L
R-M
M-N
M-C
M-U
TC
SD
Communications antenna, inside the public rights-of-way
P
P
P
P
P
P
P
P
P
Communications antenna, outside the public rights-of-way
P
P
P
P
P
P
Communications tower
SE
Parking as a principal use
C
C
C
C
C
Principal solar energy system
C
C
Public utilities, large
P
P
Public utilities, small
P
P
P
P
P
P
P
P
P
Transportation facility
P
SE
SE
P
A category of uses for the provision of public and private infrastructure to support other uses. Infrastructure uses typically do not include a principal building meeting the building type requirements. Accessory structures may be included.
(a) 
Communications antenna and tower. A structure used for the provision of wireless service. The following use regulations apply:
(1) 
Land development plan. Town approval of a land development plan shall be required for all communications towers in excess of 50 feet in height. All stormwater requirements are applicable.
(2) 
Communications towers or antennas shall be located in the buildable area, but in no event closer to the lot line than the intersection of an arc prescribed from the ground elevation and the top of the structure.
(3) 
Communications towers and antennas shall be free and clear of all overhead utilities and designed such that the failure of the structure will not endanger such utilities. Generally the safe distance of the structure from the utility lines is twice the height of the structure.
(4) 
All building-mounted communications towers and antennas in excess of eight feet high and ground-mounted structures in excess of 14 feet shall be designed by a professional engineer or company experienced in such work.
(5) 
All building-mounted communications towers and antennas in excess of 10 feet high and ground-mounted structures in excess of 18 feet shall be installed by a professional engineer or company experienced in such work.
(6) 
All building-mounted communications towers and antennas shall be limited to 14 feet in height above the roof or structure mounting in residential districts, unless a stricter height limit is identified in Subsections (a)(10) through (15).
(7) 
All ground-mounted communications towers and antennas shall be limited to 40 feet in height above the ground in residential districts, unless a stricter height limit is identified in Subsections (a)(10) through (15).
(8) 
All communications antennas and communications towers required to be professionally designed by Subsection (a)(4) shall be inspected annually by a professional engineer or company experienced in such work and marked with hazard or warning labels as may apply.
(9) 
The following regulations shall apply to all communications antennas that do not substantially change the physical dimensions of the wireless support structure to which they are attached:
A. 
Prohibited on certain structures. Commercial communications antennas shall not be located on single-family dwellings, two-family dwellings, multifamily dwellings, or any accessory residential structure.
B. 
Permit required. Applicants proposing the modification of an existing communications tower, in order to co-locate an communications antenna, shall obtain a permit from the Town Zoning Office. In order to be considered for such permit, the applicant must submit a permit application to the Town Zoning Office.
C. 
Standard of care. Any communications antenna shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Communications antennas shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Town.
D. 
Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 25 feet of a lot in residential use or residential zoning district.
E. 
Wind. All communications antenna structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222-E, as amended).
F. 
Public safety communications. No communications antenna shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
G. 
Aviation safety. Communications antennas shall comply with all federal and state laws and regulations concerning aviation safety.
H. 
Radio frequency emissions. No communications antenna may, by itself or in conjunction with other communications antennas, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
I. 
Removal. In the event that use of a communications antenna is discontinued, the owner shall provide written notice to the Town of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned communications antennas or portions of communications antennas shall be removed as follows:
1. 
All abandoned or unused communications antennas and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Town.
2. 
If the communications antenna or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Town, the communications antenna or associated facilities and equipment may be removed by the Town and the cost of removal assessed against the owner of the communications antenna.
J. 
Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a communications antenna is filed with the Town, the Town shall notify the applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Town shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Town to complete an application, the time required by the applicant to provide the information shall not be counted toward the Town's sixty-day review period.
K. 
Permit fees. The Town may assess appropriate and reasonable permit fees directly related to the Town's actual costs in reviewing and processing the application for approval of a communications antenna. Such fees shall be adopted by resolution of Town Council. For applications that fall under the WBCA, the fee assessed shall not exceed the maximum fees established under the WBCA.
L. 
Insurance. Each person that owns or operates a communications antenna shall provide the Town with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications antenna.
M. 
Indemnification. Each person that owns or operates a communications antenna shall, at its sole cost and expense, indemnify, defend and hold harmless the Town, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the communications antenna. Each person that owns or operates a communications antenna shall defend any actions or proceedings against the Town in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance, or removal of a communications antenna. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(10) 
The following regulations shall apply to all communications antennas that do substantially change the wireless support structure to which they are attached:
A. 
Prohibited on certain structures. Communications antennas shall not be located on single-family dwellings, two-family dwellings, or any residential accessory structure.
B. 
Permits required. Any applicant proposing the construction of a new communications antenna, or the modification of an existing communications antenna, shall first obtain a permit from the Town Zoning Office. New construction and modifications shall be prohibited without a zoning permit and building permit, as required.
C. 
Standard of care. Any communications antenna shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. All antennas shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Town.
D. 
Wind. Any communications antenna structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222-E Code, as amended).
E. 
Public safety communications. No communications antenna shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
F. 
Historic buildings. No communications antenna may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is listed on the official historic structures or historic districts list maintained by the Town, or has been designated by the Town to be of historical significance.
G. 
Aviation safety. Communications antennas shall comply with all federal and state laws and regulations concerning aviation safety.
H. 
Maintenance. The following maintenance requirements shall apply:
1. 
The communications antenna shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
2. 
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Town's residents.
I. 
Radio frequency emissions. No communications antenna may, by itself or in conjunction with other communications antennas, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
J. 
Removal. In the event that use of a communications antenna is discontinued, the owner shall provide written notice to the Town of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned communications antennas or portions of communications antennas shall be removed as follows:
1. 
All abandoned or unused communications antennas and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Town.
2. 
If the communications antenna or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Town, the communications antenna or associated facilities and equipment may be removed by the Town and the cost of removal assessed against the owner of the communications antenna.
K. 
Timing of approval. Within 30 calendar days of the date that an application for a communications antenna is filed with the Town, the Town shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Town shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Town to complete an application, the time required by the applicant to provide the information shall not be counted toward the Town's ninety-day review period.
L. 
Retention of experts. The Town may hire any consultant(s) or expert(s) necessary to assist the Town in reviewing and evaluating the application for approval of the communications antenna and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this part. The applicant or owner of the communications antenna shall reimburse the Town for all costs of the Town's consultant(s) in providing expert evaluation and consultation in connection with these activities.
M. 
Permit fees. The Town may assess appropriate and reasonable permit fees directly related to the Town's actual costs in reviewing and processing the application for approval of a communications antenna, as well as related inspection, monitoring and related costs.
(11) 
Communications antennas outside the public rights-of-way. The following additional regulations shall apply to communications antennas located outside the public rights-of-way that do substantially change the wireless support structure to which they are attached:
A. 
Communications antennas may only be mounted to a building, an existing utility pole, an existing communications tower, or public utility transmission structure.
B. 
Development regulations. Communications antennas shall be co-located on existing structures, such as existing buildings or communications towers, if possible, subject to the following conditions:
1. 
The total height of any support structure and mounted communications antenna shall not exceed the maximum height permitted in the underlying zoning district.
2. 
To the extent permissible by law, the height of a communications antenna shall not exceed a maximum height of 12 feet.
3. 
If the communications antenna applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
4. 
A security fence satisfactory to the Town of not less than 10 feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use. A lock box shall be provided for emergency access.
C. 
Permit required. If co-location of the communications antenna on an existing support structure is not technologically feasible, the applicant shall obtain a permit from the Town Zoning Office.
D. 
Design regulations.
1. 
Communications antennas shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the communications antenna applicant shall be subject to the approval of Town Council.
2. 
Noncommercial usage exemption. Town citizens utilizing satellite dishes, amateur radios, and communications antennas for the purpose of maintaining television, telephone, radio communications or internet connections at their respective residences shall be exempt from these design regulations.
E. 
Removal; replacement; modification.
1. 
The removal and replacement of communications antennas or accessory equipment for the purpose of upgrading or repairing the communications antenna is permitted, so long as such repair or upgrade does not increase the overall size or number of communications antennas.
2. 
Any material modification to a communications antenna shall require a prior amendment to the original permit or authorization.
F. 
Inspection. The Town reserves the right to inspect any communications antenna to ensure compliance with the provisions of this part and any other provisions found within the Town Code or state or federal law. The Town or its agents shall have the authority to enter the property upon which an communications antenna is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(12) 
Communications antennas in the public rights-of-way. The following additional regulations shall apply to all communications antennas located in the public rights-of-way:
A. 
Permitted in areas in which utilities are aboveground. Communications antennas shall be permitted in areas in which all utilities are located aboveground, regardless of the underlying zoning district, so long as such communications antennas are located on existing poles in the ROW. Communications antennas shall not be located on any sign listed in the Manual on Uniform Traffic Control Devices (MUTCD) nor any traffic signal pole, mast arm device or associated equipment.
B. 
Co-location. Communications antennas in the ROW shall be co-located on existing poles, such as existing utility poles or street light poles. If co-location is not technologically feasible, the applicant shall locate its communications antennas on existing poles that do not already act as wireless support structures.
C. 
Design requirements:
1. 
Communications antenna installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
2. 
Communications antennas and all support equipment shall be treated to match the supporting structure. Communications antennas and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted. Communications antennas must be located using stealth technology as approved by the Town.
3. 
No more than four communications antennas may be placed on a pole.
D. 
Reimbursement for ROW use. In addition to permit fees as described above, every communications antenna in the ROW is subject to the Town's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Town's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Town. The owner of each communications antenna shall pay an annual fee to the Town to compensate the Town for its costs incurred in connection with the activities described above. The annual ROW management fee for communications antennas shall be determined by the Town and authorized by resolution of Town Council and shall be based on the Town's actual ROW management costs as applied to such communications antenna.
E. 
Time, place, and manner. The Town shall determine the time, place and manner of construction, maintenance, repair, or removal of all communications antennas in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place, and manner requirements shall be consistent with the police powers of the Town and the requirements of the Public Utility Code.
F. 
Equipment location. Communications antennas and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians or motorists or to otherwise inconvenience public use of the ROW as determined by the Town. In addition:
1. 
In no case shall ground-mounted equipment, walls, or landscaping be located within 36 inches of the exposed back of the curb or within an easement extending onto a privately owned lot.
2. 
Ground-mounted equipment that cannot be underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Town.
3. 
Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Town.
4. 
Any graffiti on the communications tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
5. 
Any plans for a proposed underground vault related to communications antennas shall be reviewed and approved in advance by the Town.
G. 
Relocation or removal of facilities. Within 60 days following written notice from the Town, unless the notice identifies a different time of compliance, an owner of an communications antenna in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any communications antenna when the Town, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change, or alteration is reasonably necessary under one or more of the following circumstances:
1. 
The construction, repair, maintenance, or installation of any Town or other public improvement in the right-of-way.
2. 
The operations of the Town or other governmental entity in the right-of-way.
3. 
Vacation of a street or road or the release of a utility easement.
4. 
An emergency as determined by the Town.
(13) 
General requirements for all communications towers. The following regulations shall apply to all communications towers:
A. 
Standard of care. Any communications tower shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any communications tower shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Town.
B. 
Authorization required. The construction of a new communications tower may be permitted as a special exception subject to the applicable standards in this part. Modifications to an existing communications tower shall be prohibited without a zoning permit. Any applicant for a special exception shall demonstrate that the proposed facility conforms to all applicable requirements and standards set forth in § 1303.200.
C. 
Wind. Any communications tower structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222-E, as amended).
D. 
Design. Any communications tower shall be designed to have the least practical adverse visual effect on the areas which can view it.
E. 
Height. Any communications tower shall be designed at the minimum functional height. All communications tower applicants must submit documentation to the Town justifying the total height of the structure. The maximum total height of any communications tower, which is not located in the public ROW, shall not exceed 200 feet, as measured vertically from the ground level to the highest point on the structure, including communications antennas and subsequent alterations. Equipment buildings, cabinets, and ground-mounted accessory structures shall not exceed 15 feet in height.
F. 
Related equipment. A telecommunication equipment building, equipment cabinet, or any other structure associated with a communications tower, shall meet the height and setback requirements for principal buildings in the zoning district in which the building is located, except as otherwise noted in the Town of McCandless Zoning Ordinance.
G. 
Public safety communications. No communications tower shall interfere with public safety communications.
H. 
Maintenance. The following maintenance requirements shall apply:
1. 
Any communications tower shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
2. 
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of Town residents.
I. 
Radio frequency emissions. No communications tower may, by itself or in conjunction with other wireless communications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
J. 
Historic buildings or districts. No communications tower may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures or historic districts list maintained by the Town.
K. 
Signs. All communications towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency.
L. 
Lighting. No communications tower shall be artificially lighted, except as required by law. Communications towers shall be galvanized or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. Strobe lights are not to operate between sunset and sunrise.
M. 
Noise. Communications towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and applicable Town ordinance guidelines, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
N. 
Aviation safety. Communications towers shall comply with all federal and state laws and regulations concerning aviation safety.
O. 
Retention of experts. The Town may hire any consultant(s) or expert(s) necessary to assist the Town in reviewing and evaluating the application for approval of the communications tower and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this part. The applicant or owner of the communications tower shall reimburse the Town for all costs of the Town's consultant(s) in providing expert evaluation and consultation in connection with these activities.
P. 
Timing of approval. Within 30 calendar days of the date that an application for a communications tower is filed with the Town, the Town shall notify the applicant in writing of any information that may be required to complete such application. All applications for communications towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such communications tower and the Town shall advise the applicant in writing of its decision. If additional information was requested by the Town to complete an application, the time required by the applicant to provide the information shall not be counted toward the 150-day review period.
Q. 
Nonconforming uses. Nonconforming communications towers which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this part. Co-location of communications antennas on existing nonconforming communications towers is permitted.
R. 
Removal. In the event that use of a communications tower is planned to be discontinued, the owner shall provide written notice to the Town of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned communications towers or portions of communications towers shall be removed as follows:
1. 
All unused or abandoned communications towers and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Town.
2. 
If the communications tower or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Town, the communications tower and accessory facilities and equipment may be removed by the Town and the cost of removal assessed against the owner of the communications tower.
3. 
Any unused portions of communications towers, including communications antennas, shall be removed within six months of the time of cessation of operations. The Town must approve all replacements of portions of a communications tower previously removed.
S. 
Permit fees. The Town may assess appropriate and reasonable permit fees directly related to the Town's actual costs in reviewing and processing the application for approval of a communications tower, as well as related inspection, monitoring and related costs.
T. 
FCC license. Each person that owns or operates a communications tower shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
U. 
Insurance. Each person that owns or operates a communications tower greater than 50 feet in height shall provide the Town with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the communications tower. Each person that owns or operates a communications tower 50 feet or less in height shall provide the Town with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each communications tower.
V. 
Indemnification. Each person that owns or operates a communications tower shall, at its sole cost and expense, indemnify, defend and hold harmless the Town, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the communications tower. Each person that owns or operates a communications tower shall defend any actions or proceedings against the Town in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of communications tower. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
W. 
Engineer signature. All plans and drawings for a communications tower shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(14) 
Tower-based facilities outside the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:
A. 
Development regulations.
1. 
Location. No communications tower shall be located in, or within 75 feet of, an area in which all utilities are underground, except as permitted by this part.
2. 
Combined with another use. A communications tower may be permitted on a property with an existing use, or on a vacant lot in combination with another use, except residential, subject to the following conditions:
(A) 
The existing use on the property may be any permitted use in the applicable zoning district, and need not be affiliated with the wireless communications facility.
(B) 
Separation of uses. The communications tower must be set back from the other use on the lot by a distance equivalent to the height of the communication tower.
3. 
Minimum lot area. If the proposed communications tower is greater than 50 feet in height, the lot must be of sufficient lot Area to accommodate the communications tower and guy wires, the equipment building, security fence, and buffer planting when the zoning district's minimum lot Area requirements are insufficient to accommodate the above.
4. 
Minimum setbacks. The foundation and base of any communications tower shall be set back from lot lines in accordance with the minimum setbacks applicable to the zoning district where the property is located, plus one foot for each foot of height of communications tower and antenna beyond the measurement of the setback.
B. 
Notice. Upon submission of an application for a communications tower, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the Town.
C. 
Leased lots. Copies of lease agreements and easements necessary to provide access to the buildings or structure for installation and placement of the equipment cabinet or equipment building shall be provided to the Town.
D. 
Design regulations.
1. 
The communications tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the communications tower applicant shall be subject to the approval of the Town.
2. 
Any proposed communications tower shall be designed structurally, electrically, and in all respects to accommodate both the communications tower applicant's communications antennas and comparable communications antennas for future users.
3. 
Any communications tower over 50 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.
E. 
Surrounding environs.
1. 
The applicant shall ensure that the existing vegetation, trees, and shrubs located within proximity to the communications tower structure shall be preserved to the maximum extent possible.
2. 
The applicant shall submit a soil report to the Town complying with the standards of Appendix I: Geotechnical Investigations of the ANSI/TIA-222 Code, as amended, to document and verify the design specifications of the foundation of the communications tower, and anchors for guy wires, if used.
F. 
Fence/screen.
1. 
A security fence satisfactory to the Town having a minimum height of 10 feet shall completely surround any communications tower greater than 50 feet in height, as well as guy wires, or any building housing communications tower equipment. If a security fence is used, a lock box shall be provided for emergency access.
2. 
Landscaping shall be installed to screen and buffer the communications tower and any ground level features, such as an equipment building, from adjacent properties.
3. 
A ten-foot-wide buffer yard consisting of dense evergreen hedge planted so that the leaves or needles will touch an adjacent plant at maturity around the perimeter of the security fence on the leased lot.
G. 
Accessory equipment.
1. 
Ground-mounted equipment associated to, or connected with, a communications tower shall be underground or screened from public view using stealth technologies, as described above.
2. 
All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
H. 
Additional communications antennas. As a condition of approval for all communications towers, the applicant shall provide the Town with a written commitment that it will allow other service providers to co-locate communications antennas on communications towers where technically and economically feasible. The owner of a communications tower shall not install any additional communications antennas without obtaining the prior written approval of the Town.
I. 
Access road.
1. 
An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to communications tower.
2. 
Maximum use of existing roads, whether public or private, shall be made to the extent practicable.
3. 
Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion.
4. 
Where applicable, the communications tower owner shall present documentation to the Town that the property owner has granted an easement for the proposed facility.
5. 
The width of the access road shall be a minimum of 20 feet and shall be improved for tis entire length at a minimum of 12 feet in width with a bituminous or concrete surface approved by the Town.
J. 
Parking. For each communications tower greater than 50 feet in height, there shall be two off-street parking spaces. Each parking space shall be improved with a dust-free, all-weather surface.
K. 
Inspection. The Town reserves the right to inspect any communications tower to ensure compliance with the provisions of this part and any other provisions found within the Town Code or state or federal law. The Town or its agents shall have the authority to enter the property upon which a communications tower is located at any time, upon reasonable notice to the operator, to ensure such compliance.
L. 
Engineer inspection report. The owner of any communications tower greater than 50 feet in height shall submit to the Town proof of an annual inspection conducted by a structural engineer at the owner's expense and an updated tower maintenance program based on the results of the inspection. Any structural faults shall be corrected immediately and re-inspected and certified to the Town by a structural engineer at the communications tower owner's expense.
(15) 
Communications towers in the public rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:
A. 
Location. The location of communications towers is limited to the following rights-of-way:
1. 
An applicant must first attempt to site a proposed communications tower along the following corridors, provided that the proposed communications tower is not situated within 50 feet of an area in which all utilities are underground:
(A) 
Route 19 (Perry Highway).
(B) 
Ingomar Road and Wildwood Road.
2. 
If it is not technologically or economically feasible to locate the proposed communications tower along the corridors mentioned above, the proposed communications tower may be located along collector roads listed below where utilities are aboveground, provided that the proposed communications tower is not sited within 75 feet of an area in which utilities are underground. Collector Roads-Rinaman Road, Richard Road, Grubbs Road, Reichold Road, Kummer Road, Cumberland Road, Perrymont Road, and Sloop Road.
3. 
No communications tower sited in the public ROW shall be located in the public frontage for any structure.
B. 
Notice. Upon submission of an application for a communications tower, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the Town.
C. 
Time, place, and manner. The Town shall determine the time, place and manner of construction, maintenance, repair or removal of all communications towers in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place, and manner requirements shall be consistent with the police powers of the Town and the requirements of the Public Utility Code.
D. 
Equipment location. Communications towers and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians or motorists or to otherwise inconvenience public use of the ROW as determined by the Town. In addition:
1. 
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.
2. 
Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Town.
3. 
Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Town.
4. 
Any graffiti on the communications tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
5. 
Any plans for underground vaults related to communications towers shall be reviewed and approved in advance by the Town.
E. 
Design regulations.
1. 
The communications tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the communications tower applicant shall be subject to the approval of the Town.
2. 
Communications towers in the public ROW shall not exceed 32 feet in height.
3. 
Any height extensions to an existing communications tower shall require prior approval of the Town, and shall not increase the overall height of the communications tower to more than 32 feet. The Town reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Town.
4. 
Any proposed communications tower shall be designed structurally, electrically, and in all respects to accommodate both the applicant's communications antennas and comparable communications antennas for future users.
F. 
Additional communications antennas. As a condition of approval for all communications towers in the ROW, the applicant shall provide the Town with a written commitment that it will allow other service providers to co-locate communications antennas on communications towers where technically and economically feasible. The owner of a communications tower shall not install any additional communications antennas without obtaining the prior written approval of the Town.
G. 
Relocation or removal of facilities. Within 60 days following written notice from the Town, or such longer period as the Town determines is reasonably necessary or such shorter period in the case of an emergency, an owner of communications tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications tower when the Town, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
1. 
The construction, repair, maintenance or installation of any Town or other public improvement in the right-of-way;
2. 
The operations of the Town or other governmental entity in the right-of-way;
3. 
Vacation of a street or road or the release of a utility easement; or
4. 
An emergency as determined by the Town.
H. 
Reimbursement for ROW use. In addition to the applicable permit fees, every communications tower in the ROW is subject to the Town's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Town's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Town. The owner of each communications tower shall pay an annual fee to the Town to compensate the Town for the Town's costs incurred in connection with the activities described above. The annual ROW management fee for communications towers shall be determined by the Town and authorized by resolution of Town Council and shall be based on the Town's actual ROW management costs as applied to such communications tower.
(16) 
Special requirements for small wireless communications facilities. In addition to the regulations set forth above, the following shall apply to communications facilities or communications antenna that meet the definition of small wireless communications facilities, regardless of their location. In the event of a conflict, these regulations shall control.
A. 
The Town Administration is authorized to develop an application for the installation of any small wireless communications facility, which shall include, at a minimum, the following:
1. 
Property owner contact information.
2. 
Applicant contact information.
3. 
Location(s) (general description or address).
4. 
Zoning designation(s) of location(s).
5. 
A statement by an authorized representative that the applicant or provider holds all applicable licenses or other approvals required by the Federal Communications Commission, the Pennsylvania Public Utility Commission, and any other agency of state or federal government with authority to regulate telecommunications facilities that are required in order for the applicant to construct the proposed facility.
6. 
A statement by an authorized representative that the applicant or provider is in compliance with all conditions required for such license and approvals.
7. 
A full description of the number and dimensions of all small cell communications towers proposed to be installed.
8. 
A site development plan, signed and sealed by a professional engineer registered in Pennsylvania, showing the proposed location of the communications tower and existing structures within 500 feet of the proposed site. For applications in which multiple communications towers are proposed, an overall site development plan showing all proposed locations within the Town must be provided.
9. 
A vertical profile sketch or drawing of the communications towers, signed and sealed by a professional engineer registered in Pennsylvania, indicating the height of the communications tower and the placement of all communications antennas and equipment enclosures.
10. 
Written approval from the property owner stating the applicant or provider has permission to construct a facility on their property. In the case of public right-of-way or public property, written approval must be submitted from the duly authorized representative of the governing body holding ownership.
11. 
Photographs of the viewshed from each proposed communications tower location, taken in at least four directions.
12. 
Description of whether other overhead utilities or underground utilities exist within 500 feet of the proposed location.
13. 
Identification of the location of sites attempted to co-locate.
14. 
Explanation as to why co-location was unsuccessful.
B. 
Timing of review.
1. 
Tolling. Within 10 calendar days of the date that an application for a small wireless communications facility is filed with the Town, the Town shall notify the applicant in writing of any information that may be required to complete such application. The shot clocks described below and established by FCC regulations then reset once the applicant submits the supplemental information requested by the Town. For subsequent determinations of incompleteness, the shot clock will be tolled if the Town provides written notice within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information.
2. 
Applications to co-locate small wireless communications facilities using on existing structure. Within 60 calendar days of receipt of a complete application, the Town shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision.
3. 
Applications to deploy a small wireless communications facilities on new structures. Within 90 calendar days of receipt of a complete application, the Town shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision.
4. 
Batched applications. If an applicant files multiple siting applications on the same day for the same type of facilities, each application is subject to the same number of review days. However, if an applicant files a single application for a batch that includes both co-located and new construction of small wireless communications facilities, the longer ninety-day shot clock will apply.
C. 
Fees.
1. 
Application fee. The Town may assess appropriate and reasonable permit fees directly related to the Town's actual costs in reviewing and processing the application for approval of a small wireless communications facility, as well as inspection, monitoring and related costs.
2. 
Reimbursement for right-of-way (ROW) use. In addition to permit fees, every small wireless communications facility in the ROW is subject to the Town's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Town's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Town. The owner of each small wireless communications facility shall pay an annual fee to the Town to compensate the Town for the Town's costs incurred in connection with the activities described above. The annual ROW management fee for a small wireless communications facility shall be determined by the Town and authorized by resolution of Town Council and shall be based on the Town's actual ROW management costs as applied to such small wireless communications facility.
3. 
Retention of experts. The Town may hire any consultant or expert necessary to assist the Town in reviewing and evaluating the application for approval of a small wireless communications facility and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The applicant or owner of the wireless communications facility shall reimburse the Town for all costs of the Town's consultant(s) in providing expert evaluation and consultation in connection with these activities and provide an escrow payment upon filing of the application to cover the estimated costs.
4. 
Fees shall be set forth in the Town's Fee Schedule which may be amended by resolution.
D. 
Design guidelines for small wireless communications facilities.
1. 
Finishes. All exterior surfaces shall be painted, colored, or wrapped in flat, nonreflective hues that match the underlying support structure or blend with the surrounding environment. All surfaces shall be treated with graffiti-resistant sealant.
2. 
Noise. Small wireless communications facilities, including all associated communications antennas, accessory equipment and other improvements must comply with all applicable noise control standards and regulations in the Town Code and shall not exceed, either on an individual or cumulative basis, the noise limit in the applicable zone.
3. 
Lighting. Small wireless communications facilities must not be illuminated, except in accordance with state or federal regulations or if incorporated as part of a streetlight pole.
4. 
Signage. Signage is not permitted except to comply with FCC or Pennsylvania regulations to provide safety warnings.
5. 
Communications antennas.
(A) 
Shrouding. All communications antennas and associated cables, jumpers, wires, mounts, masts, brackets and other connectors and hardware must be installed within a single shroud or radome. For pole-top communications antennas, the shroud shall not exceed 2.5 times the median pole diameter and must taper down to pole. For side-arm communications antennas, the shroud must cover the cross arm and any cables, jumpers, wires or other connectors between the vertical riser and the communications antenna.
(B) 
Communications antenna volume. Each individual communications antenna associated with a single small cell shall not exceed three cubic feet. The cumulative volume for all communications antennas on a single small cell shall not exceed three cubic feet in residential areas; or six cubic feet in nonresidential areas.
(C) 
Overall height. No communications antenna may extend more than five feet above the support structure, plus any minimum separation between the communications antenna and other pole attachments required by applicable health and safety regulations.
(D) 
Horizontal projection. Side-mounted communications antennas shall only be permitted when a pole-top communications antenna is not possible on the proposed support structure or any location within 500 feet of the proposed support structure. Where permitted, side-mounted communications antennas shall not project: more than 24 inches from the support structure; over any roadway for vehicular travel; or over any abutting private property. If applicable laws require a side-mounted communications antenna to project more than 24 inches from the support structure, the projection shall be no greater than required for compliance with such laws.
6. 
Accessory equipment volume. The cumulative volume for all accessory equipment for a single small wireless communications facility or other infrastructure deployment shall not exceed seven cubic feet to the extent feasible, but in no event greater than nine cubic feet in residential areas, or 12 cubic feet in nonresidential areas. The volume limits in this subsection do not apply to any undergrounded accessory equipment.
7. 
Undergrounded accessory equipment.
(A) 
Where required. Accessory equipment (other than any electric meter, where permitted, and an emergency disconnect switch) shall be placed underground when proposed in any location in the Town with underground utilities; any location where it is feasible; or any location where the Town finds substantial evidence that the additional aboveground accessory equipment would obstruct or hinder the public's uses in the public rights-of-way.
(B) 
Vaults. All undergrounded accessory equipment must be installed in an environmentally controlled vault that is load-rated to meet the Town's standards and specifications. Underground vaults located beneath a sidewalk must be constructed with a slip-resistant cover and properly secured to prevent unauthorized access. Vents for airflow shall be flush-to-grade when placed within the sidewalk and may not exceed two feet above grade when placed off the sidewalk. Vault lids shall not exhibit logos or commercial advertisements.
(C) 
Future undergrounding programs. If other utilities or communications providers in the public rights-of-way underground their facilities in the segment of the public rights-of-way where the applicant's small wireless communications facility or other infrastructure deployment is located, the applicant must also underground its equipment, except the communications antennas and any approved electric meter, at approximately the same time. Accessory equipment such as radios and computers that require an environmentally controlled underground vault to function shall not be exempt from this condition. Small wireless communications facilities and other infrastructure deployments installed on wood utility poles that will be removed pursuant to the undergrounding program may be reinstalled on a streetlight that complies with the Town's standards and specifications. Such undergrounding shall occur at the applicant's sole cost and expense except as may be reimbursed through tariffs approved by the state public utilities commission for undergrounding costs.
8. 
Pole-mounted accessory equipment. The provisions in this subsection are applicable to all pole-mounted accessory equipment in connection with small wireless communications facilities and other infrastructure deployments.
(A) 
Concealment techniques. Applicants shall place any pole-mounted accessory equipment in the least conspicuous position under the circumstances presented by the proposed pole and location. Pole-mounted accessory equipment may be installed behind street, traffic, or other signs to the extent that the installation complies with applicable public health and safety regulations. Pole-mounted accessory equipment shall be designed so that the largest dimension is vertical, and the width is such that equipment is minimally visible from the opposite side of the support structure on which they are placed.
(B) 
Minimum vertical clearance. The lowest point on any pole-mounted accessory equipment shall be at least 10 feet above ground level adjacent to the pole. If applicable laws require any pole-mounted accessory equipment component to be placed less than 10 feet above ground level, the clearance from ground level shall be no less than required for compliance with such laws.
(C) 
Horizontal projection. Pole-mounted accessory equipment shall not project more than 18 inches from the pole surface; over any roadway for vehicular travel; or over any abutting private property. All pole-mounted accessory equipment shall be mounted flush to the pole surface. If applicable laws preclude flush-mounted equipment, the separation gap between the pole and the accessory equipment shall be no greater than required for compliance with such laws and concealed by opaque material (such as cabinet flaps or wings).
(D) 
Orientation. Unless placed behind a street sign or some other concealment that dictates the equipment orientation on the pole, all pole-mounted accessory equipment should be oriented away from prominent views. In general, the proper orientation will likely be toward the street to reduce the overall profile when viewed from the nearest abutting properties. If orientation toward the street is not feasible, then the proper orientation will most likely be away from oncoming traffic. If more than one orientation would be technically feasible, the Town may select the most appropriate orientation.
9. 
Ground-mounted or base-mounted accessory equipment. The provisions in this subsection are applicable to all ground-mounted and base-mounted accessory equipment in connection with small wireless communications facilities and other infrastructure deployments.
(A) 
Where permitted. Ground-mounted or base-mounted accessory equipment shall not be permitted unless pole-mounted accessory equipment is not possible as demonstrated and certified by the applicant through a qualified expert. In no event may ground-mounted or base-mounted accessory equipment interfere with pedestrian or vehicular traffic. Ground-mounted or base-mounted accessory equipment greater than three cubic feet shall not be located within 25 feet of a lot in a residential use or residential zoning district.
(B) 
Ground-mounted concealment. On collector roads and local roads, the ground-mounted accessory equipment shall be concealed as follows: within a landscaped parkway, median or similar location, behind or among new or existing landscape features and painted or wrapped in flat natural colors to blend with the landscape features; and if landscaping concealment is not technically feasible, disguised as other Street furniture adjacent to the support structure, such as, for example, mailboxes, benches, trash cans and information kiosks. On arterial roads outside underground utility districts, proposed ground-mounted accessory equipment should be completely shrouded or placed in a cabinet substantially similar in appearance to existing ground-mounted accessory equipment cabinets.
(C) 
Public safety visibility. To promote and protect public health and safety and prevent potential hazards hidden behind large equipment cabinets, no individual ground-mounted accessory equipment cabinet may exceed four feet in height or four feet in width. Ground-mounted and base-mounted equipment cabinets shall not have any horizontal flat surfaces greater than 1.5 square inches to prevent litter or other objects left on such surfaces.
10. 
Utilities. The provisions in this subsection are applicable to all utilities and other related improvements that serve small wireless communications facilities and other infrastructure deployments.
(A) 
Overhead lines. No new overhead utility lines shall be permitted in underground utility districts. In areas with existing overhead lines, new communication lines shall be "overlashed" with existing communication lines. No new overhead utility service drops shall be permitted to traverse any roadway used for vehicular transit.
(B) 
Vertical cable risers. All cables, wires and other connectors must be routed through conduits within the pole or other support structure, and all conduit attachments, cables, wires, and other connectors must be concealed from public view. To the extent that cables, wires, and other connectors cannot be routed through the pole, such as with wood utility poles, applicants shall route them through a single external conduit or shroud that has been finished to match the underlying pole.
(C) 
Spools and coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables shall not be spooled, coiled or otherwise stored on the pole outside equipment cabinets or shrouds.
(D) 
Electric meters. Small cells and other infrastructure deployments shall use flat-rate electric service or other method that obviates the need for a separate above grade electric meter. If flat-rate service is not available, applicants may install a shrouded smart meter that shall not exceed the width of the pole. If the proposed project involves a ground-mounted equipment cabinet, an electric meter may be integrated with and recessed into the cabinet, but the Town shall not approve a separate ground-mounted electric meter pedestal.
a. 
Electric meter upgrades. If the commercial electric utility provider adopts or changes its rules obviating the need for a separate or ground-mounted electric meter and enclosure, the applicant on its own initiative and at its sole cost and expense shall remove the separate or ground-mounted electric meter and enclosure. Prior to removing the electric meter, the applicant shall apply for any encroachment or other ministerial permit(s) required to perform the removal. Upon removal, the applicant shall restore the affected area to its original condition that existed prior to installation of the equipment.
(E) 
Existing conduit or circuits. To reduce unnecessary wear and tear on the public rights-of-way, applicants are encouraged to use existing conduits or electric circuits whenever available and technically feasible. Access to any conduit or circuits owned by the Town shall be subject to the Town's prior written approval, which the Town may withhold or condition as the Town deems necessary or appropriate to protect the Town's infrastructure, prevent interference with the Town's municipal functions and public health and safety.
11. 
New support structures for small wireless communications facilities (i.e., poles) are only permitted if the applicant demonstrates and certifies through a qualified expert that aboveground support structures near the project site either do not exist or are not reasonably available to the applicant; or the Town specifically finds that a new, non-replacement support structure would be more consistent with the established character of the Town and consistent with the objectives of these regulations than installations on existing structures near the project site. The applicant shall provide all supporting documentation in support of its position.
12. 
Unless the applicant demonstrates and Town finds that a new support structure designed to accommodate one small wireless communications facility is more consistent with the established character of the Town and consistent with the objectives of these regulations, new support structures for small wireless communications facilities shall be designed to accommodate co-location opportunities for a minimum of two small wireless communications facilities and shall be made available to more than one wireless license holders for future co-location.
13. 
New support structures shall be made of metal and have a maximum diameter of 12 inches and shall be tapered toward the top wherever possible unless the applicant demonstrates and certifies through a qualified expert that a larger diameter is necessary to support additional small wireless communications facilities for co-location and the Town finds that a new support structure designed to accommodate co-location of small wireless communications facilities is more consistent with the established character of the Town and consistent with the objectives of these regulations. The Town may approve the use of an alternate material for new support structures if the Town finds that the alternate material is more consistent with the established character of the surrounding area.
14. 
New support structures shall not exceed the minimum functional height, as demonstrated and certified by a qualified expert.
15. 
The Town administration is authorized to designate and publish one or more preapproved designs for small wireless communications facilities and other infrastructure deployments. In addition, the Town Administration is authorized to publish objective standards for stealth technology to ensure that the established character of the Town is maintained.
16. 
Illustrative small wireless communications facilities are attached hereto as Appendix A.[1] The Town Administration is authorized to publish additional illustrations.
[1]
Editor's Note: Appendix A is included as an attachment to this article.
E. 
Siting guidelines for small wireless communications facilities. Siting locations for all communications towers and antennas, including small wireless communications facilities, is set forth in the above subsections of this § 1303.200. If an applicant demonstrates, pursuant to applicable law, that it is entitled to locate a small wireless communications facility outside of these permitted siting locations, it must comply with the regulations set forth in this subsection.
1. 
Sight triangle. The proposed siting of the small wireless communications facility shall comply with the applicable Town sight triangle regulations.
2. 
Siting locations. Small wireless communications facilities shall not be located on historically or architecturally significant structures unless visually and architecturally integrated with the structure and shall not interfere with prominent vistas or significant public view corridors.
3. 
Support structures. In all cases, support structures shall be selected according to the following preferences, ordered from most preferred to least preferred:
(A) 
New small wireless communications facilities on existing utility poles or support structures;
(B) 
New small wireless communications facilities on existing or replacement streetlights or new or replacement traffic signal control poles;
(C) 
New small wireless communications facilities on new standalone support structures.
(D) 
Applicants shall demonstrate and certify through a qualified expert that any preferred structures not selected are not technically feasible and are not available. Applicants shall provide all documentation supporting their position.
4. 
Small wireless communications facilities shall not be located in front of residential or business windows, primary walkways, primary entrances or exits, or in such a way that it would impede a delivery to a building or structure.
5. 
Small wireless communications facilities shall be located at shared lot lines between two adjacent lots.
6. 
Small wireless communications facilities shall be located in mid-block locations instead of at more visible corners and street intersections except if proposed on permitted traffic signal control poles.
7. 
New support structures shall all be located in the right-of-way and in alignment with existing trees, utility poles, and streetlights.
8. 
A small wireless communications facility shall be no closer than 500 feet away, radially, from another small wireless communications facility.
9. 
Rearrangement and relocation. In addition to the requirements set forth in § 1303.200(a)(12)g and § 1303.200(a)(15)g above, an applicant seeking to place a small wireless communications facility in the right-of-way acknowledges that the Town, in its sole discretion and at any time, may change any street grade, width or location; add, remove or otherwise change any improvements in, on, under or along any Street owned by the Town or any other public agency, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; or perform any other work deemed necessary, useful or desirable by the Town (collectively, "Town work"). The Town reserves the rights to do any and all Town work without any admission on its part that the Town would not have such rights without the express reservation in this ROW administrative design review permit. If the Town determines that any Town work will require the applicant's small wireless communications facility located in the public rights-of-way to be rearranged or relocated, the applicant shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement or relocation. If the applicant fails or refuses to either permanently or temporarily rearrange or relocate the applicant's small wireless communications facility or other infrastructure deployment within a reasonable time after the Town's notice, the Town may (but will not be obligated to) cause the rearrangement or relocation to be performed at the applicant's sole cost and expense. The Town may exercise its rights to rearrange or relocate the applicant's small wireless communications facility or other infrastructure deployment without prior notice to applicant when the Town determines that Town work is immediately necessary to protect public health or safety. The applicant shall reimburse the Town for all costs and expenses in connection with such work within 10 days after a written demand for reimbursement and reasonable documentation to support such costs. Except as may be expressly permitted otherwise, nothing in this permit will be construed to require the Town or authorize the applicant to change any street grade, width or location, or add, remove or otherwise change any improvements owned by the Town or any other public agency located in, on, under or along the site area or any portion of the public rights-of-way, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications, for the applicant's or any third party's convenience or necessity.
F. 
Abandoned facilities. In addition to the requirements set forth in § 1303.200(a)(13)r, in the event that use of a small wireless communications facility is no longer necessary to provide wireless service, the owner shall plan to discontinue use of the facility, provide written notice to the Town of its intent to discontinue use and the date when the use shall be discontinued. The small wireless communications facility or other infrastructure deployment shall be deemed abandoned if not operated for any continuous six-month period. Unused or abandoned communications antennas or portions of communications antennas shall be removed as follows:
1. 
All abandoned or unused small wireless communications facilities and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Town.
2. 
If the small wireless communications facility or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Town, the small wireless communications facility or associated facilities and equipment may be removed by the Town and the cost of removal assessed against the owner of the small wireless communications facility.
(b) 
Parking as a principal use. On a lot where the principal use is parking, the following use regulations apply:
(1) 
Corner lot. A corner lot shall not be used solely for parking.
(2) 
Adjacent parking facilities. Two principal parking facilities shall not be located directly adjacent to one another, except for a new structured parking facility replacing an existing parking lot.
(c) 
Principal solar energy system (PSES). An area of land or other area used for a solar collection system that captures solar energy, converts it to electrical energy or thermal power and supplies electrical or thermal power primarily for off-site use. Principal solar energy systems consist of one or more freestanding ground or roof-mounted solar collector devices, solar-related equipment, and other accessory structures and buildings including light reflectors, concentrators, heat exchangers, substations, electrical infrastructure, transmission lines, and other appurtenant structures. The following use regulations apply:
(1) 
Exemptions.
A. 
A principal solar energy system constructed prior to the effective date of this part is not required to meet the requirements of this part. Any physical modification or alteration to an existing PSES that materially alters the size, type or components of the solar electric system requires a permit under this part.
B. 
Routine operation and maintenance or like-kind replacements do not require a permit.
(2) 
Design and development standards.
A. 
A principal solar energy system must meet the lot size, setback, and height requirements of the underlying zoning district, unless the required setback is less than 20 feet. A principal solar energy system must not be placed closer to the lot line than 20 feet.
B. 
The location of a principal solar energy system must not create any threat to traffic or to public health and safety.
C. 
The principal solar energy system layout, design and installation must conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, and must comply with the PA Uniform Construction Code as enforced by the Town of McCandless, regulations adopted by the Pennsylvania Department of Labor and Industry, and all other applicable fire and life safety requirements.
D. 
A principal solar energy system must not be artificially lighted, unless required by safety or by any applicable federal, state, or local authority.
E. 
A principal solar energy system must be enclosed by a minimum six-foot-high fence with a self-locking gate.
F. 
A clearly visible warning sign must be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the principal solar energy system informing individuals of potential voltage hazards.
G. 
A principal solar energy system must not contain nor be used to display advertising. The manufacturer's name and equipment information or indication of ownership may be allowed on any equipment provided they comply with the sign regulations of the underlying zoning district (Article 1305).
H. 
On-site transmission and power lines shall, to the maximum extent practicable, be placed underground.
I. 
Low growing grasses must be planted beneath the panels to allow and encourage the infiltration of precipitation into the underlying soils unless the PSES is installed as a canopy over an existing parking lot.
J. 
No trees or other landscaping otherwise required by the Town Municipal Code or attached as a condition of approval of any plan, application, or permit may be removed for the installation or operation of a principal solar energy system.
K. 
The operator of the principal solar energy system is responsible for maintaining the lot on which the PSES is located, as well as the means of access to the tower, including clearing and cutting vegetation, snow removal and maintenance of the access driveway surface.
L. 
At a minimum, a twenty-four-foot-wide access road must be provided from a state or Town roadway into the site.
M. 
At a minimum, a twenty-foot-wide cartway must be provided between the solar arrays to allow access for maintenance vehicles and emergency management vehicles including fire apparatus and emergency vehicles. Cartway width is the distance between the bottom edge of a solar panel to the top edge of a solar panel directly across from it.
N. 
Access to the principal solar energy system must comply with the access requirements in the Town's Subdivision and Land Development Ordinance (Part 11 of the Town Municipal Code).
(3) 
Decommissioning.
A. 
The facility owner and operator must, at their expense, complete decommissioning of the principal solar energy system or individual solar electric system(s) within 12 months after the end of the useful life of such facility or system. A PSES or solar electric system will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.
B. 
Decommissioning must include removal of all solar electric energy systems, buildings, cabling, electrical components, roads, foundations, and any other associated facilities.
C. 
Disturbed earth must be graded and re-seeded unless the landowner requests in writing that the access roads or other land surface areas not be restored.
(4) 
Content of application for a conditional use permit.
A. 
A narrative describing the proposed principal solar energy system including all the following:
1. 
An overview of the project.
2. 
The project location.
3. 
The approximate generating capacity of the principal solar energy system.
4. 
The approximate number, representative types, and height or range of heights of the panels or other solar electric system equipment to be constructed, including their generating capacity, dimensions, and respective manufacturers.
5. 
A description of all ancillary facilities.
B. 
An affidavit or similar evidence of agreement between the landowner of the real property on which the principal solar energy system is to be located and the facility owner, demonstrating that the facility owner has permission of the Landowner to apply for necessary permits or approvals for construction and operation of the principal solar energy system.
C. 
Written confirmation that the public utility company to which the principal solar energy system will be connected has been informed of the operator's intent to install a grid connected system and approves of such connection.
D. 
The manufacturer specifications for the key components of the system.
E. 
Identification of the properties or portions thereof on which the proposed principal solar energy system will be located, and the properties adjacent to where the principal solar energy system will be located.
F. 
A site plan showing the planned location of each solar electric system including lot lines, setback lines, access roads and turnout locations, substation(s), electrical cabling from the solar electric system to the substation(s), ancillary equipment, buildings, and structures, including associated distribution or transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.
G. 
Evidence that the installer is listed as a certified installer on the Pennsylvania Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP approved installer by meeting or exceeding one of the following requirements:
1. 
Certification by the North American Board of Certified Energy Practitioners (NABCEP) for solar thermal installation.
2. 
Completions of an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited solar thermal training program or a solar collector's manufacturer's training program and successful installation of a minimum of three solar thermal systems.
H. 
A decommissioning plan including a schedule for decommissioning to demonstrate compliance with the decommissioning requirements of § 1303.200(c)(3).
I. 
A written acknowledgement from the applicant that the issuing of a permit or permits for the principal solar energy system does not create in the property owner, or successors and assigns, or in the property itself either of the following:
1. 
The right to remain free of shadows or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property.
2. 
The right to prohibit the development on or growth of any trees or vegetation on such property.
J. 
For roof and wall mounted systems, the applicant must provide evidence that a) the plans comply with the Uniform Construction Code and the Construction Code of Chapter 66 and b) that the roof or wall can hold the load imposed on the structure. Applications for roof-mounted PSES must be accompanied by engineer stamped plans that demonstrate the structural sufficiency of the roof to hold the weight of the PSES.
K. 
Other relevant studies, reports, certifications, and approvals as may be provided by the applicant or required by the Town of McCandless to ensure compliance with this part.
(d) 
Public utilities, large. Public utilities is a use that is primarily utilized for the public infrastructure needs and services. Large public utilities include such uses as generating plants, electrical switching facilities and primary substations, water and wastewater treatment plants, water tanks, and similar facilities that are under public franchise or ownership to provide the public with electricity, gas, heat, steam, communication, water, sewage collection, rail lines, or similar services. Public utility does not include corporate or general offices, gas or oil processing, manufacturing facilities, or other uses defined in this part. The following use regulations apply:
(1) 
The total impervious coverage must be not more than 30% of the area of the lot.
(2) 
All buildings and structures must meet the following setbacks.
A. 
Twenty-five feet from every adjacent lot.
B. 
Fifty feet from every adjacent lot with a residential use.
C. 
Five hundred feet from every adjacent lot with a residential use when the large public utility is a wastewater treatment facility.
D. 
Any tower must be set back a minimum distance of that equal to the height of the tower from any adjacent lot with a residential use.
(3) 
Transformers shall be installed pursuant to applicable building and fire codes.
(4) 
Any electric or other utility lines between the infrastructure and the street shall be underground.
(5) 
The infrastructure shall be suitably screened from any adjacent residential property by both a solid fence and an outside perimeter evergreen planting screen. Fence screening shall be a minimum of eight feet high and shall be a galvanized chain link fence with privacy slats. Evergreen screening shall be continuous four-foot-wide opaque planting that shall be a minimum of 10 feet high at maturity.
(6) 
The Zoning Officer shall provide the Town's Chief of Police and Town Fire Chief or their respective designees the opportunity to provide input on applications for public utilities and shall provide such input to the Town Planning Commission and Council, which shall take such input into account in making a Decision about any public utilities application.
(e) 
Public utilities, small. Public utilities is a use that is primarily utilized for the public infrastructure needs and services. Small public utilities are services and facilities of agencies that are under public franchise or ownership to provide services that are essential to support development and that involve only minor structures, such as but not limited to poles and lines. The following use regulations apply:
(1) 
Front, side, and rear setbacks shall be provided in accordance with the regulations of the district in which the facility is located.
(2) 
Housed equipment.
A. 
Height shall be as required by the building form regulations specified for each zoning district under Article 1302 of this part.
B. 
The external design of the building or structure shall be in conformity with the building form requirements specified for each zoning district under Article 1302 of this part.
(3) 
Unhoused equipment.
A. 
When the equipment is not enclosed within a building, it must be screened by a fence and landscaping.
B. 
The fence must be six feet high.
C. 
The access gate in the fence must have at least 50% opacity.
D. 
The landscaping must be evergreen and in accordance with the Town's recommended species and planting specifications.
(f) 
Transportation facilities. A use that includes public transportation operations, maintenance, and storage facilities for public transportation agencies, school districts, hospitals, and other institutional uses that provide regular bus and shuttle services.
[Ord. No. 1540, 6-26-2023]
Table 1303.H
Principal Uses: Industrial Uses
Key:
P = Permitted by right
SE = Permitted by special exception
C = Conditional use
Blank Cell = Nonpermitted use
Uses
Mapped Zoning Districts
Civic District
Very Low Density Neighborhood
Low Density Neighborhood
Moderate Density Neighborhood
Neighborhood Center
Corridor District
Urban District
Town Center
Special District
CD
R-VL
R-L
R-M
M-N
M-C
M-U
TC
SD
Brewery, distillery, winery
P
P
Industrial, craftsman
P
P
P
Industry, heavy
C
Industry, light
C
Junkyards
C
Oil and gas development
C
Outdoor storage yard
C
Solid waste disposal facility
C
Warehouse/distribution
C
Yard waste composting facility
P
A category of uses for businesses involving assembly, production, storing, transferring and disposal of goods or products, and which may also include associated facilities such as offices, maintenance facilities, and fuel pumps and both indoor and outdoor activities and storage of goods. All outdoor storage associated with industrial uses shall adhere to the provisions in Subsection (g), Outdoor storage yard, below.
(a) 
Brewery, distillery, winery. A facility for the production, packaging, and sampling of alcoholic beverages, including beer, wine, cider, mead and distilled liquors for retail or wholesale distribution, for sale or consumption on- or off-premises, and which produces 100,000 gallons or more of such beverages per year. The following use regulations apply:
(1) 
The brewery, distillery, winery must be licensed by the Pennsylvania Liquor Control Board and any successor agency of the commonwealth.
(2) 
Snacks may be served.
(3) 
A full-service kitchen is prohibited (see eating places).
(b) 
Craftsman, industrial. A use that includes a showroom or small retail outlet and production space, and involves small scale production, assembly, or repair with little to no noxious by-products. This use may also include associated facilities such as offices and small-scale warehousing with limited distribution that is similar in scale and impact to the delivery demands of retail and service uses permitted in the same districts. Craftsman industrial includes such uses as those that manufacture or fabricate the items listed below (this is not an exhaustive list).
(1) 
Typical craftsman industrial uses.
Agricultural growing, such as aquaculture
Apparel and finished fabric products
Art glass
Beverages, including soft drinks, coffee, but not alcohol
Botanical products, not including alcohol
Brooms and brushes
Canning and preserving food
Commercial-scale copying and printing
Cut stone and cast stone
Electrical fixtures
Electronics assembly
Engraving
Fabricated metal products
Filmmaking
Furniture and fixtures
Household textiles
Ice
Jewelry, watches, clocks, and leather products (no tanning)
Makerspaces
Meat and fish products, no processing
Musical instruments and parts
Pottery, ceramics, and related products
Printing, publishing, and allied industries
Shoes and boots
Signs and advertising
Silverware
Smithing
Taxidermy (with incidental tanning)
Textile, fabric, cloth
Toys and athletic goods
Upholstery
Woodworking
(c) 
Heavy industry. A use involving the production of goods from raw materials or the assembly of finished products with the potential for significant external effects, including noise, odor, or other noxious by-products and may involve frequent commercial vehicle access and outdoor storage of materials or products. Heavy industry includes such uses as a waste facility involving the sorting, storage and disposal of goods and by-products. Heavy industry facilities may have disposal plans and chemical disposition plans.
(d) 
Light industry. A use involving the production of goods from raw materials or the assembly of finished products that can result in limited negative external effects, noise, and other non-noxious by-products. Light industry uses include those uses listed below (this is not an exhaustive list). The following use regulations apply:
(1) 
Additional application information. The Zoning Officer may request additional information to ensure proper evaluation of such application. Such information may include ventilation plans, materials characteristics, drainage plans, waste disposal plans, and chemical disposition plans.
(2) 
Typical industrial use categories.
Agricultural processing, unless otherwise listed
Aircraft assembly and testing
Any craftsman industrial use [Subsection (b) above] with or without retail outlet and with significant distribution
Apparel, finished products from fabric
Automobile, truck, boat, recreational vehicle and trailer manufacturing
Bicycle manufacturing
Biomaterials
Cotton wadding
Electrical fixtures
Electronic/electrical equipment/component manufacturing
Engines and motors manufacturing/rebuilding
Lasers and optics
Laundering, dry cleaning, dyeing
Lumber mill
Machinery manufacturing
Medical equipment manufacturing
Metal products manufacturing
Mobile/manufactured homes manufacturing
Motor testing
Pharmaceuticals
Plumbing and heating products
Printing, publishing, and allied industries
Stone cutting and distribution
Tool and die shop
(e) 
Junkyard. Any outdoor establishment, place of business, or activity which is maintained, used, or operated for storing, keeping, buying, or selling junk; for the maintenance or operation of a garbage dump, sanitary landfill, or scrap metal processor, or for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles, or motor parts, or both. The following use regulations apply:
(1) 
Minimum lot area must be five acres.
(2) 
The outdoor area devoted to the storage of junk must be completely enclosed by a six-foot-high opaque fence which must be set back at least 50 feet from all lot lines and 100 feet from a lot in a residential zoning district or containing a residential use.
(3) 
The setback area between the fence and the lot lines must be kept free of weeds and all scrub growth.
(4) 
All completely enclosed buildings used to store junk must be set back at least 50 feet from all lot lines.
(5) 
No material may be stored or stacked so that it is visible from adjoining properties and roads.
(6) 
The operation must be licensed pursuant to Pennsylvania Code Chapter 451, Control of Junkyards and Automotive Dismantlers and Recyclers and obtain and maintain all applicable permits.
(7) 
All junk must be stored or arranged to permit access to firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height greater than six feet.
(8) 
No oil, grease, tires, gasoline, or other similar material shall be burned at any time.
(9) 
Any junkyard must be maintained in such a manner as to cause no public or private nuisance, not to cause any offensive or noxious sounds or odors, nor to the breeding or harboring of rats, flies, mosquitoes, or other vectors.
(10) 
A junkyard is prohibited on land with a slope in excess of 5%.
(f) 
Oil and gas development.
(1) 
The well site preparation, well site construction, drilling, hydraulic fracturing, or site restoration associated with an oil and gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; and the installation and use of all associated equipment, including tanks, meters and other equipment and structures whether permanent or temporary; and the site preparation, construction, installation, maintenance and repair of oil and gas pipelines and associated equipment and other equipment and activities associated with the exploration for, production and transportation of oil and gas other than natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions that operate as midstream facilities. The following use regulations apply:
A. 
Statement of recognition and best interest. The Town of McCandless recognizes that Article I, Section 27 of the Pennsylvania Constitution provides that the people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic, and aesthetic values of the environment, and that Pennsylvania's natural resources are the common property of all the people, including generations yet to come. The Town of McCandless further recognizes that the regulation of oil and gas development is the primary responsibility of the regulatory agencies of the Commonwealth of Pennsylvania, but that the Town maintains its zoning powers as set forth in the Pennsylvania Municipalities Planning Code ("MPC") and through the Town of McCandless Zoning Code. It is in the Town's best interest to have information concerning oil and gas exploration, development, and production taking place within the Town and to ensure certain security and safety measures related to oil and gas well drilling are in place.
B. 
Express criteria for oil and gas development.
1. 
Express criteria. In accordance with the express criteria in this chapter, and the imposition of any other reasonable conditions and safeguards that Council deems necessary to protect the health, safety, and welfare of the residents of the Town, the Town of McCandless hereby declares as follows:
(A) 
That oil and gas development may be authorized as a conditional use in the SD (Special District) Zoning District in the Town;
(B) 
That the location of any vertical well bore on a well site for oil and gas development shall be more than 1,000 feet from any protected structure located on property other than the property upon which the oil and gas development is sited;
(C) 
That any well site for oil and gas development may only be developed on a property consisting of a minimum of 10 contiguous acres in the SD (Special District) Zoning District in the Town; and
(D) 
That conditional use approval is nontransferable without consent from Town Council and shall automatically terminate, unless extended, if drilling is not commenced within one year from the date of the approval. The conditional use approval may be extended by the Town Council upon written request by the well operator, after notice and hearing. The well operator shall provide proof that the requested conditional use permit for such location has not changed, and that the well operator meets all applicable criteria contained in this section.
2. 
Express criteria shall consist of the following:
(A) 
Best management practices shall be followed at all times.
(B) 
The uses regulated by this section are determined to be land developments and subject to the Town's Subdivision and Land Development Regulations.
(C) 
Multiple well pads on any one oil and gas development shall be prohibited, unless the well operator proves to the satisfaction of the Town that the underlying geology makes using a single well pad impractical.
(D) 
Changes in the site plan, including but not limited to any expansion of the ground surface area used or devoted towards drilling operations, requires a new conditional use approval pursuant to the terms and conditions of this section.
(E) 
Except for emergency and governmental compliance activity, hours of operation are limited to Monday through Saturday, 7:00 a.m. to 6:00 p.m. All deliveries and pickups incidental to the oil and gas development or facility must occur during the defined hours of operation. However, twenty-four-hour drilling and fracturing shall be permitted.
(F) 
The well operator shall fully defend, protect, indemnify, and hold harmless the Town, its departments, officials, officers, agents, Town Engineer, Town Attorney, employees and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of the Town, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the well operator.
(G) 
The well operator shall furnish to the Town a certificate of liability insurance naming the Town and the Town Engineer as an additional insured with respect to operations conducted within the Town, showing proof of liability insurance covering commercial, personal injury, and general liability in amounts not less than $25,000,000 per occurrence. The applicant shall fully defend, protect, indemnify, and hold harmless the Town, its departments, agents, officers, employees, or volunteers from and against such and every claim, except for those claims relating to any negligent, willful, or intentional acts of the Town, its department, agents, officers, employees, or volunteers. The insurance coverage may consist of a combination of self-insurance, excess coverage, and umbrella coverage.
(H) 
The well operator shall furnish to the Town a well survey plat showing the planned surface location(s) of the well(s), and a site plan prepared by a registered professional engineer or surveyor licensed in Pennsylvania shall be provided to establish compliance with all applicable regulations. All drilling and production operations, including derricks, vacuum pumps, compressors, storage tanks, vehicle parking, structures, machinery, guard structure, ponds, and ancillary equipment on the well site shall be identified. All protected structures within 1,000 feet of the lot lines of the well site shall be identified. All roads related to the oil and gas development or facility must also be shown. A sufficient number of copies of the site plan shall be provided for review and comment by all Town emergency service organizations.
(I) 
The well operator shall supply an affidavit from an engineering consultant attesting that the proposed facility meets all industry standards and shall provide copies of any previous enforcement notices, fines, or penalties assessed against the applicant for any other facility.
(J) 
Scheduling. The well operator shall provide a schedule of oil and gas development phases with its conditional use application. The Town recognizes that, pending approval of the oil and gas development, said dates may be dependent upon variables such as weather, availability of equipment, leasing, permitting, production and the like. However, such scheduling shall be updated and provided to the Town on a periodic basis (no less than monthly) as requested by the Town. The schedule shall indicate the anticipated beginning and ending dates for the following activities:
a. 
Well site preparation;
b. 
Drilling activity;
c. 
Completion (perforating);
d. 
Stimulation (fracturing);
e. 
Production work; and
f. 
Site restoration.
(K) 
Location, roads, and road use maintenance. The well operator shall provide to the Town the GIS location and 911 address of the well site, as well as a map showing the planned access route to the well sites on Town roads. The well operator shall comply with any generally applicable bonding and permitting requirements for Town roads. Prior to the commencement of any activity at the oil and gas development or facility, the well operator shall enter into a municipal roadway maintenance and repair agreement with the Town, in a form acceptable to the Town, regarding maintenance, repair and bonding of Town roads that are to be used by vehicles for oil and gas development activities (road use maintenance agreement). The road use maintenance agreement shall apply to any and all Town roads proposed to be used by the applicant to access the site and shall provide the Town with the applicable financial security for the same. Said agreement and financial security shall continue to remain in place and active so long as applicant or its successor and assigns access the site using overweight vehicles. The applicant shall take all necessary corrective action and measures as directed by the Town pursuant to the agreement to ensure the roadways are repaired and maintained during and at the conclusion of all oil and gas development activities. The applicant shall be responsible for all damage to any Town roads and rights-of-way caused by the activity of the applicant and its subcontractors. Said damage shall be determined by the Town Engineer. Costs associated with the road inspection shall be the responsibility of the applicant. If no repairs are necessary, all funds earmarked for existing road or drainage repairs shall be returned to the well operator.
(L) 
The well operator shall take the necessary safeguards to ensure that the Town roads utilized remain free of dirt, mud and debris resulting from oil and gas development activities or shall ensure such roads are immediately swept or cleaned if dirt, mud, and debris occur.
(M) 
Prior to the commencement of oil and gas development activities, the well operator shall obtain a traffic study, including the following:
a. 
A description of plans for the transportation and delivery of equipment, machinery, water, chemicals, products, materials, and other items to be utilized in the siting, drilling, stimulating, completion, alteration and operation of the oil and gas development or facility. Such description shall include a map showing the planned vehicular access roads and the transportation infrastructure being proposed and the type, weight, number of trucks and delivery schedule necessary to support each phase of the oil and gas development.
b. 
An inventory, analysis, and evaluation of existing road conditions on Town roads along the proposed transportation route identified by the application, including digital photography, video, and core boring as determined to be necessary by the Town Engineer(s).
(N) 
The well operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing or adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and permitted, during periods of anticipated heavy or frequent truck traffic associated with oil and gas development, the well operator will provide flaggers to ensure the safety of children at or near schools or school bus stops and include adequate signs or other warning measures for truck traffic and vehicular traffic.
(O) 
The well operator shall not clear brush or trees by way of burning, and shall chip, grind, or remove all tree stumps from properties it clears for oil and gas development purposes. The oil and gas development or facility shall be located, designed, and constructed to minimize the removal of trees and shrubs, protect all natural resources, and minimize the amount of surface disturbance. Where trees are removed, the well operator shall replace or reforest the area, where feasible, with the notification and approval of the Town. The location and design of structures and site improvements shall be integrated with the natural color, form, and texture of the surrounding area.
(P) 
The well operator shall obtain written permission from the property owner(s) who has legal or equitable title in and to the proposed oil and gas development or facility and shall be able to provide the Town with demonstrable documentation of the well operator's authority to occupy the property.
(Q) 
Well operator notices required prior to site preparation or drilling.
a. 
At least 30 days prior to site preparation and oil and gas development, the well operator shall provide to the Town Zoning Officer a copy of the drilling permit issued by the Pennsylvania Department of Environmental Protection ("DEP"). The well operator shall also provide a copy of the recorded subdivision plan or land development plan, as appropriate, indicating the size and location of the proposed drilling area.
b. 
Sixty days prior to drilling, the well operator shall notify all surface landowners and water purveyors, whose water supplies are within 1,000 feet of the proposed well location or, in the case of an unconventional well, within 3,000 feet of the proposed unconventional vertical well bore of the well operator's intentions to drill. The well operator shall provide proof of notice to the Town. The well operator shall address complaints or questions from affected residents concerning the results of the water testing, including retesting and additional testing if necessary and reasonable.
c. 
Before drilling, the well operator shall ascertain whether the Town's first responders have secured adequate information to deal with any potentially dangerous conditions that may result due to oil and gas development activities. First responders shall have on-site orientation and be provided adequate awareness information. Upon request from the Town, well operator will, prior to drilling of an oil and gas well, make available with at least 30 days' notice, at its sole cost and expense, an appropriate site orientation for first responders. Such site orientation shall be made available at least annually during the period when the well operator anticipates drilling activities in the Town. The Town's first responders shall be given means to access the well site in case of an emergency via lock box or a Town-approved equivalent. The applicant must provide the Allegheny County 911 Communications Center with necessary information to access the oil and gas development or facility in case of an emergency.
d. 
At least 30 days prior to drilling, the well operator shall provide the following information to the Town and to each resident located in the area over which any horizontal drilling may occur, but in no event less than 3,000 feet from the vertical well bore:
i. 
A copy of the well survey plat showing the location(s) of the planned well(s);
ii. 
A general description of the planned operations at the planned well(s) and associated equipment used in the oil and gas development of the well(s);
iii. 
Response center contact information for the well operator, which will allow representatives of the applicant to be contacted 24 hours a day, seven days a week to address an emergency as well as other issues and complaints. The "response center" contact information shall also be clearly posted at the entrance to the site and on signs along the truck routes to the site. If a reasonable complaint is registered with the Town, the applicant will respond to said complaint within 24 hours of notification and take whatever reasonable means necessary to alleviate and cure said complaint, should it be found to be with merit; and
iv. 
The availability of the well operator to hold a meeting with such residents to present well operator's plans for the well(s) and to allow for questions and answers. The meeting(s) shall be held prior to well site construction.
(R) 
The well operator shall take the necessary safeguards to ensure appropriate dust control measures are in place.
(S) 
The well operator shall locate its temporary and permanent operations, when possible, so as to minimize interference with Town residents' enjoyment of their property and future Town development activities, as follows:
a. 
No equipment, including drilling, re-drilling, re-working, or other portable equipment, shall be stored on the oil and gas development or facility which is not essential to the everyday operation of the oil and gas development or facility. This includes the removal of idle equipment unnecessary for the operation of wells.
b. 
Lumber, pipes, tubing, and casing shall not be left on the oil and gas development or facility except when drilling or well-servicing operations are being conducted on the site.
c. 
No vehicle or item of machinery shall be parked or stored on any Town road, right-of-way or in any driveway, alley or on the oil and gas development or well site which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires.
(T) 
Recognizing that adequate and appropriate lighting is essential to the safety of those involved in oil and gas development, the well operator shall direct site lighting downward and inward toward the drill site, wellhead, or other area being developed so as to minimize glare on public roads and adjacent buildings within 300 feet of the well site or other area being developed. All lighting shall be in compliance with Town of McCandless Subdivision and Land Development Regulations (Part 11 of the Town of McCandless Municipal Code).
(U) 
Environmental studies, testing, permits, and plans. Prior to the construction or commencement of oil and gas development, the well operator shall have the following studies, tests, permits, and plans completed and submitted to the Town as part of the conditional use application. If all of the required studies, tests, permits and plans are not completed and submitted to the Town's satisfaction, the Town shall have the right to deny an application for oil and gas development. If the results of any test indicate that the oil and gas development shall have a detrimental impact on the health, safety, and welfare of Town residents or their property, the application shall be denied.
a. 
The well operator shall provide copies of any and all permits and applications submitted to all applicable local, county, state and federal agencies. Permits and plans shall include but not be limited to the Pennsylvania Department of Environmental Protection ("PADEP") Well applications and permit, Erosion and Sediment Control Plan and General Permit-2, or current permit requirement, and all other required erosion and sedimentation, air, water and waste management permits and plans.
b. 
Geophysical and seismic testing. For any areas of the Town where the well operator intends to conduct seismic testing, a licensed geologist must provide a report regarding the ability of the land to subside due to the proposed operations. This report must detail the amount of risk of seismic activity because of existing subsurface conditions and with the introduction of drilling and fracking. The well operator shall post a bond or other security in a form to be approved by the Town in the amount of $1,000,000 to cover the cost of any damages as a result of seismic testing. Town residents located within 500 feet of said testing must be notified two weeks in advance of the seismic testing. The applicant must also comply with any requirements of a Town seismic testing ordinance.
c. 
Hydrological study. The well operator shall obtain a hydrological study. The study shall be prepared by a hydrogeologist acceptable to the Town. The study shall evaluate the existing surface and subsurface hydrogeology, based upon historical data and on-site investigation and studies. The study shall identify groundwater discharge and recharge areas, existing water wells or perennial streams that may be negatively affected by the proposed use, map the groundwater table, and analyze and delineate the effects of the proposed use on the hydrology, including surface and ground water quantity and quality. Acceptance of the study is subject to final approval by the Town Council. If the study shows a negative alteration to the groundwater, existing water wells or perennial streams, the application shall be denied.
d. 
Predevelopment, mid-development, and post-development soil testing. As part of the application process and prior to beginning any oil and gas development activities, the well operator shall be responsible for testing soil conditions within 300 feet of the boundary of the well site or the lot line if the lot line is less than 300 feet from the boundary of the well site. The purpose of testing is to determine the baseline soil conditions surrounding the proposed well site and address resultant changes that may occur or have an impact on the soils of the site and surrounding area.
i. 
Pre-drilling testing results shall be submitted as part of the conditional use application.
ii. 
Annual or other frequencies of soil testing in the midst of oil and gas development activities may be required at the discretion of the Town.
iii. 
Post-hydraulic fracturing testing shall be completed no sooner than one month after hydraulic fracturing activities have ceased and no later than two months after hydraulic fracturing activities have ceased.
iv. 
The results shall be submitted to the Town and PA DEP within 10 days of their receipt.
v. 
The well operator shall be responsible for all costs associated with testing and testing shall be done by an independent state-certified testing laboratory agreed upon by the Town.
e. 
Air quality study. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an air quality study. The study shall be prepared by experts acceptable to the Town and submitted with the application and shall include an analysis of the existing and predicted air quality levels, including smoke, odors, fumes, dust, and pollutants at the site. This report shall contain the sources of the information, the data and background tests that were conducted and the conclusions and recommendations of the professionals preparing the report that would be required to maintain the air quality at a level equal to or better than the existing background level prior to the proposed use.
f. 
Environmental impact analysis and geotechnical study. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an environmental impact analysis and geotechnical study. The environmental impact and geotechnical analysis shall describe, identify, and analyze all environmental aspects of the site and of neighboring properties that may be affected by the proposed operations or the ultimate use proposed to be conducted on the site. The limits of the impact area to be studied shall be reviewed and approved by the Planning Commission and the Town Council. The environmental impact study shall include, but not be limited to, all critical impact areas on or off-site that may be impacted by the proposed or ultimate use of the facility, including the impact on the critical areas, the protective measures and procedures to protect the critical areas from damage, and the actions to be taken to minimize environmental damage to the critical areas on the site and surrounding areas during and after completion of the operation. Critical impact areas include, but are not limited to stream corridors; streams; wetlands; slopes in excess of 25%; sites where there is a history of adverse subsurface conditions or where available soils information or other geotechnical data, including data from the Bureau of Mines indicates the potential for landslides, subsidence or other subsurface hazards; Class I agricultural lands; highly acidic or erodible soils; carbonate or highly fractured bedrock; aquifer recharge and discharge areas; areas of unique or protected vegetation, wildlife habitat, and areas of historic, cultural, or archaeological significance.
g. 
Water withdrawal plan. To the extent that the same is not otherwise included or provided on copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide a water withdrawal plan for the oil and gas development identifying the source of water, how many gallons will be used and withdrawn each day, the origination of the water, proposed truck routes and all permits issued by the Commonwealth of Pennsylvania or any other governmental body. Where possible, the applicant should obtain all required easements and rights-of-way for water withdrawal and truck routes prior to the commencement of drilling. If the oil and gas development is to be supplied by way of waterlines, the locations of all proposed waterlines are to be identified. The site for the treatment and disposal of the water shall also be identified. The use of nonpotable water sources is highly encouraged. The use of injection wells for disposal of fracking fluid is prohibited. The applicant is required to use best management practices.
h. 
Disposal plan. To the extent that the same is not otherwise included or provided on copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall identify the means and availability of the site for disposal of cuttings, fracturing fluids, oil, toxic materials, hazardous materials, and other waste products. Improvements for the purpose of storing or treating fracking related fluids is prohibited. All such fluids shall be hauled or removed from the Town for treatment or disposal at an alternate location.
i. 
Transmission plan. To the extent that the information has been developed, the applicant shall provide a plan for the transmission of gas from the oil and gas development. The plan will identify but not be limited to gathering lines, compressors and other mid and downstream facilities located within the Town and extending 800 feet beyond the Town boundary.
(V) 
Screening, fencing, and buffering. Around any well site, the well operator shall:
a. 
Install fencing, screening, and buffering as follows:
i. 
Security fencing consisting of a permanent galvanized chain-link fence, a minimum of eight feet in height, topped with either razor or barbed wire shall be installed prior to the commencement of any activity at every well site to secure wellheads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the well site.
ii. 
Security fencing shall be equipped with lockable gates at every access point and have openings no less than 12 feet wide. Gates shall be kept locked except when being used for access to the site. Additional lockable gates used to access the well site or freshwater ponds by foot may be allowed, as necessary. The fence posts shall be set in concrete at sufficient depths to maintain the stability of the fence.
iii. 
In construction of the well site, the natural surroundings shall be considered and attempts made to preserve existing trees and other native vegetation. Existing trees and respective root systems should not be disturbed whenever possible.
iv. 
The well site shall have a minimum front, side, and rear setback of 200 feet.
v. 
Any well site which abuts a residential use shall provide a ten-foot buffer strip along the affected boundary line(s). All plants shall be selected from species that are hardy in the area and shall be sound nursery stock. Developers will have two options for the buffer strip:
[1] 
Type I buffer: to consist of a double row of native evergreen conifers or American holly planted at oblique lines to one another so that a continuous screen is provided. All trees shall be a minimum of six feet in height at the time of planting. Trees which die shall be replaced within six months.
[2] 
Type II buffer: A Type II buffer shall consist of a single row of any species of coniferous tree, American holly, shrub, or plant that will block a line of sight from the level of existing grade to at least six feet in height at time of planting.
[3] 
The developer shall replace any dead or dying trees in the buffer for a period of two years from the start of drilling.
vi. 
In addition to screening, the developer shall submit a general landscaping plan that incorporates existing, and if necessary, new vegetation, where practical and in accordance with applicable permit and regulatory requirements, to provide a buffer in connection with any permanent facilities at the well site, including foundation planting around structures. Any landscaping strip along a Town right-of-way shall be composed of plantings that will not block clear views for vehicles entering or leaving the premises.
b. 
Install warning signs providing notice of the potential dangers at the well site.
c. 
Provide at least one security guard at all times (24 hours/day, seven days/week) when a drilling rig or hydraulic fracturing equipment is on the well site.
(W) 
Prior to the commencement of drilling activities, no construction activities involving excavation of, alteration to, or repair work on any access road or well site shall be performed during the hours of 10:00 p.m. to 6:00 a.m.
(X) 
PPC plan. Prior to oil and gas development, the well operator shall provide to the Town's Police Department and Fire Company (first responders) and to the Town Zoning Officer, a copy of its preparedness, prevention, and contingency (PPC) plan and safety data sheet (SDS). The PPC and SDS shall be written in accordance with the most recent DEP standards for oil and gas development and shall be updated as needed by developer and provided to the Town to comply with the most recent DEP standards. If the PPC or SDS requires the availability or utilization of special equipment or supplies particular to the hazards or conditions addressed in the PPC or SDS, the Town may require that well operator reimburse the Town for the cost of procurement of such special equipment or supplies prior to any construction activity, the applicant shall meet with Town safety control individuals designated by the Town Council to discuss or provide information regarding any proposed emergency responses to the preparedness, prevention and contingency plan.
(Y) 
Noise management plan. The Town recognizes and acknowledges that oil and gas development is accompanied by inherent noise. A noise management plan shall be provided with the conditional use application, as detailed below:
a. 
An acoustics study shall be prepared and submitted by the well operator. The study shall be prepared by an acoustics expert(s) acceptable to the Town. The study shall identify the existing background level of noise and the anticipated noise impact from the proposed use. The report shall contain measures of existing ambient measurements, estimates of the noise measurements to be anticipated from the type of operations and equipment that are proposed for the use and if there are any significant increases in those noise levels. The report shall also contain specific proposals that are intended to reduce noise levels emanating off the site.
b. 
The study shall be based upon actual sound level measurements and estimates of potential noise impact at the lot lines of the site of the proposed use; or the well operator shall submit a statement prepared by a registered professional engineer warranting that the nature of the use will produce no impact on acoustics, in regards to the standards of this section.
c. 
The noise level shall be established based on a test performed during a continuous seventy-two-hour time span which shall include at least one twenty-four-hour reading during either a Saturday or Sunday. The testing shall be done by a qualified noise control engineer or other qualified person approved by the Town and shall be in accordance with specifications ANSI S12.18-1994 Method II and ANSI S1.4-1971. The Town reserves the right to hire a third party consultant to witness testing and review the results at the sole expense of the applicant. The sound level meters used shall meet the American National Standard Institute's standard for a Type I sound level meter.
(Z) 
In addition to providing a noise management plan, the well operator shall take the following steps to minimize, to the extent practicable, the noise resulting from the oil and gas development:
a. 
Prior to drilling of an oil and gas well, the well operator shall establish a continuous seventy-two-hour ambient noise level at the nearest protected structure lot line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure or, alternatively, and in lieu of establishing the above seventy-two-hour ambient noise level, the well operator may assume and use, for the purposes of compliance with this section, a default ambient noise level of 55 dBA. The sound level meter used in conducting any evaluation shall meet the American National Standard Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
b. 
The well operator shall provide documentation of any established, seventy-two-hour evaluation relied upon to establish an ambient noise level greater than 55 dBA to the Town's Zoning Officer within three business days of such a request from the Zoning Officer.
c. 
The noise generated during construction, drilling and hydraulic fracturing activities when measured at the nearest protected structure lot line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level (as determined by the seventy-two-hour evaluation) or default level, whichever is higher:
i. 
During drilling activities by more than seven decibels during the hours of 7:00 a.m. to 6:00 p.m.;
ii. 
During drilling activities by more than five decibels during the hours of 6:00 p.m. to 7:00 a.m.; or
iii. 
By more than 10 decibels during construction, hydraulic fracturing operations.
The well operator must inform the Town of which level (average ambient noise level or default level) is being used.
d. 
Adjustments to the foregoing noise limits may be permitted in accordance with the following:
Permitted Increase
(dBA)
Duration of Increase
(minutes)1
5
15
10
5
15
1
20
1
NOTE:
1 Cumulative minutes during any one hour.
e. 
If a complaint is received by the Town from any person, whether a resident or otherwise using the protected structure as defined herein for any lawful purpose, regarding noise generated during construction, drilling or hydraulic fracturing activities, the well operator shall, within 24 hours of receipt of the complaint from the Town, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:
i. 
The complainant's protected structure lot line nearest to the wellsite or equipment generating the noise, or
ii. 
One hundred feet from the protected structure.
f. 
If the well operator engages in any noise testing as required by this section, it will provide preliminary data to the Town no later than two business days following completion of the noise testing. Once the monitoring is complete, the well operator will meet with Town representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set forth herein were exceeded.
g. 
Exhaust from any internal combustion engine or compressor used in connection with the drilling of any well or for use on any production equipment or used in oil and gas development shall not be discharged into the open air unless it is equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to manufacturer's specifications.
h. 
All workover operations shall be restricted to the hours of 7:00 a.m. to 6:00 p.m., except in the extent of an emergency, as reasonably determined by the well operator. "Workover operations" shall mean work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased, or increase production.
i. 
The noise restrictions contained in this subsection shall also apply to natural gas compressor stations and natural gas processing plants.
(AA) 
Employees, contractors, and subcontractors.
a. 
There shall be no bunk houses, employee trailers or any such employee residential type housing of employees on site. However, a temporary on-site guard building or structure, during vertical and horizontal drilling or fracking, for essential personnel not to exceed three individuals to provide twenty-four-hour safety and security supervision, is permitted, provided that the applicant shall provide the Town with clearances required by PA Act 153 of 2014 for said employee(s) or contractor(s) on-site during those activities.
b. 
The applicant shall provide the Town with a list of contractors and subcontractors who will be accessing the well site. The applicant shall notify such contractors and subcontractors that they will be responsible for and shall remedy any damages they may cause to public or private properties within the Town. In the event the Town notifies the applicant of a damage claim, the applicant will cooperate with the Town in identifying the potentially responsible contractor or subcontractor.
c. 
All contractors and subcontractors that are retained by the applicant are retained according to total recordable injury rate (TRIR) Standards and contracts only with those individuals or contractors who have a favorable TRIR.
(BB) 
Trucks and routes.
a. 
The applicant will provide adequate and obvious truck route signage, including no well traffic on unpermitted roads signage, where necessary, to ensure the approved truck routes are utilized. Additionally, the applicant shall notify all subcontractors, suppliers, and vendors of the approved truck route.
b. 
The well operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing or adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and allowed, during periods of anticipated heavy or frequent truck traffic associated with the development of the facility, the well operator will provide flaggers to ensure the public safety and include adequate signs or other warning measures for truck traffic and vehicular traffic.
c. 
The applicant shall continue to review the efficiency and safety of all traffic plans and routes and will meet with Town representatives, including Town police, to address issues regarding said plan or route, including traffic flow and safety, at the applicant's expense.
d. 
There will be no staging of trucks or equipment on local roads. All staging on the well access road shall not exceed the staging area provided in the subject application. Additionally, the applicant shall comply with the idling limitations contained in the Pennsylvania Diesel-Powered Motor Vehicle Idling Act, Act 124 of 2008, (see 35 P.S. § 4601 et seq) as it may be amended or in accordance with any other state regulation with respect to idling limitations; whichever regulation is more strict shall apply.
e. 
The applicant shall inform its operators and subcontractors that Jake brake® usage on trucks is to be restricted. Upon request by the Town, the applicant shall place signs along designated transportation routes advising of this restriction. Additionally, the applicant shall notify all subcontractors, suppliers, and vendors of the Jake brake® restrictions.
f. 
Trucks shall be inspected regularly to ensure that the contents of the truck's loads are not inadvertently dripped onto Town roads. Truck inspection reports shall be available upon request to the Town.
g. 
To the extent possible, trucks shall be restricted to traveling on arterial roads. The routes taken by trucks from the oil and gas development site shall be approved by the Town in advance.
(CC) 
Air and water quality.
a. 
Air-contaminant emissions shall be in compliance with all municipal, county, state and federal regulations, including, without limitation, the provisions of the Codified Ordinances of the Town of McCandless, as amended, and all applicable regulations for smoke, ash, dust, fumes, gases, odors and vapors.
b. 
The well operator shall take the necessary safeguards to ensure appropriate dust-control measures are in place to prevent visible plumes of dust from crossing the lot line or adversely impacting neighboring properties.
c. 
The well operator shall conduct appropriate water analysis and comply with all state law requirements, including the necessary notification and testing of all potable water sources in accordance with Chapter 32 of the Oil and Gas Act, as amended.
d. 
All condensate tanks, compressor stations, processing plants and other production facilities shall be equipped with vapor recovery or vapor destruction units.
e. 
There shall be no activities associated with the proposed use that will result in malodorous gas or matter discernible at any point on or beyond the lot line(s) of disturbance that have occurred on site.
(DD) 
Access.
a. 
Any access road shall have a cartway of not less than 20 feet. Beginning with its intersection with a Town road, any ingress or egress point for the oil and gas development or facility shall be paved for the first 50 feet and improved with limestone or other material for the next 100 feet in a manner that no water, sediment, or debris will be carried onto any Town road. If any amount of mud, dirt or other debris is carried onto public or private rights-of-way from the well site, the well operator shall immediately clean the roads and implement a remedial plan as directed by the Town to keep the streets continuously clean.
i. 
The first 50 feet from the existing edge of pavement extending into the site shall consist of the following material:
[1] 
Compacted subgrade.
[2] 
PennDOT Class 4 geotextile fabric.
[3] 
Eight inches of AASHTO No. 1 crushed aggregate base course.
[4] 
Two inches of PennDOT 2A aggregate.
[5] 
Six inches of Superpave 25 mm base course.
[6] 
Two inches of Superpave 19 mm binder course.
[7] 
Two inches of Superpave 9.5 mm wearing course.
ii. 
The remainder of the driveway to the well pad shall be constructed with the following material:
[1] 
Eight inches of AASHTO No. 1 crushed aggregate base course.
[2] 
Two inches of PennDOT 2A aggregate.
b. 
Ingress and egress points for all public and private driveways or roadways shall be located and improved in order to:
i. 
Meet Pennsylvania Code 67, Chapter 441, Access to and Occupancy of Highways by Driveway and Local Roads, PennDOT Design Manual 2.
ii. 
Ensure adequate capacity for existing and projected traffic volume.
iii. 
Provide efficient movement of traffic, including appropriate turning radii and transition grade.
iv. 
Minimize hazards to highway users and adjacent property and human activity.
c. 
All applicable permits or approvals must be obtained, including, without limitation:
i. 
Access or driveway permits to state or county roads.
ii. 
Overweight or oversize loads.
d. 
The applicant, during drilling operations and completion operations, shall provide twenty-four-hour security, seven days a week at the access road. All other times the applicant shall secure the site as necessary.
(EE) 
Structure height. Permanent structures of the oil and gas developments and facilities (both principal and accessory) shall comply with the height regulations of the applicable zoning district.
(FF) 
Oil and gas development facilities.
a. 
The following requirements shall apply to oil and gas development facilities which employ the use of compressors, motors, or engines as part of the operations or produce air-contaminant emissions or offensive odors, subsurface facilities, including horizontal drilling facilities, gathering system facilities and production facilities.
b. 
All noise-generating equipment and processes shall be contained within a completely enclosed building, and windows and doors shall remain closed during operations.
c. 
Adequate public utilities shall be available to meet the demands of the facility.
d. 
The front, rear and side setback requirements shall be a minimum of 200 feet.
e. 
The site shall be designed utilizing natural topography or constructed earthen mounds so as to obstruct visibility from adjacent Streets and properties.
f. 
The storage, handling, transportation, and disposal of hazardous or potentially hazardous materials shall be in accordance with all applicable permits and requirements of the Codified Ordinances of the Town of McCandless, the PADEP and the United States Environmental Protection Agency. The Town may request verification that all vehicles handling the storage, handling, and transportation of hazardous or potentially hazardous materials are in compliance with applicable codes and regulations.
g. 
Secondary containment shall be provided for any tank or vessel containing liquid.
h. 
Compressors and other power-driven equipment shall use sparkless electrical motors, when practicable, as an alternative to internal combustion motors.
i. 
If an internal combustion engine is used, it shall not be discharged into the open air unless it is equipped with an exhaust muffler or mufflers, or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise to less than 60 dBA and disruptive vibrations and the ignition of carbon or soot. All such equipment shall be maintained in good operating condition according to manufacturer's specifications.
j. 
A security fence, as specified in the subsection regarding fencing, screening, and buffering, shall be set back at least 10 feet from the lot line and 20 feet from a public right-of-way.
k. 
Any and all gathering system facilities located at the well site shall obtain all local, state or federal approvals and evidence of the same shall be provided to the Town.
(2) 
Preapplication meeting. Before submitting the application, the applicant is strongly encouraged to meet with the Town Manager or designated representative to determine the requirements of and the procedural steps for the application. The intent of this process is for the applicant to obtain necessary information and guidance before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation.
(g) 
Outdoor storage yard. A lot used primarily for the outdoor storage of construction equipment parts, materials, and supplies, and parking of construction equipment. This use does not include associated on-site offices. The following use regulations apply:
(1) 
An owner's office shall be located within a quarter mile of the outdoor storage yard location.
(2) 
The outdoor storage yard shall be secured and screened from view of the front lot line. Screening shall include a galvanized security link fence with privacy slats and be a minimum of six feet high. Town Council may approve a fence up to eight feet high, if the Council deems it necessary to sufficiently screen the outdoor storage yard from adjacent uses. Except for the ingress and egress locations, the fence's outside perimeter shall be screened from public view by a continuous four-foot-wide opaque evergreen buffer planting that is a minimum of 10 feet high at maturity.
(3) 
Loose materials shall not be stacked higher than 20 feet.
(4) 
Loose materials shall at a minimum be stored in a three-sided shelter and shall be covered.
(5) 
Materials shall be set back a minimum of 20 feet from any lot line.
(h) 
Solid waste disposal facility. A facility using land for disposing or processing of municipal waste. The facility includes land affected during the lifetime of operations, including, but not limited to, areas where disposal or processing activities actually occur, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site or contiguous collection, transportation and storage facilities, closure and post closure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of the facility. The following use regulations apply:
(1) 
Such facility shall be established and operated in accordance with the applicable requirements of all state and federal codes, acts, rules, and regulations, as amended and all state and federal regulating bodies and agencies. The applicant must demonstrate compliance through a written statement and continue to comply with all applicable state and federal standards and regulation.
(2) 
A minimum lot area of 25 acres is required.
(3) 
No facility shall be located within 500 feet of any street or lot line and must be screened from all adjoining roads and properties.
(4) 
The lot shall have direct access to an arterial roadway pursuant to the Subdivision and Land Development Ordinance (Part 11 of the Town Municipal Code) or a road having adequate structural and geometrical characteristics as determined by the Town Engineer to handle the anticipated future truck traffic.
(5) 
It shall be demonstrated that the use, because of its location and proposed method of operation, will not have an adverse effect upon any surrounding residential properties.
(6) 
All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed will not back up onto public roads.
(7) 
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against the indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.
(8) 
Litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted to the Town.
(9) 
The unloading, processing, transfer, and deposition of solid waste shall be continuously supervised by a qualified facility operator.
(i) 
Warehouse/distribution. A use involving large-scale indoor storage of goods, packaging of goods, and distribution typically between production and arrival at a retail store or the end user. May include a small ancillary retail facility. Warehouse/distribution uses also include substantial commercial vehicle access, storage, and intermodal exchanges. Warehouse/distribution uses includes such uses as those listed below (this is not an exhaustive list).
(1) 
Typical warehouse/distribution uses.
Contractor: landscape and construction
Exterminating and disinfecting service
Food distribution facility, with or without public market
Freight forwarding service
Fuel distribution
Fulfillment center
Mail and parcel sorting and distribution
Mail order house and warehousing
Newspaper distribution facilities
Packing and crating
Personal storage
Petroleum bulk station
Recycling center (collection and sort)
RV and large equipment storage yard
Tow or impound lot
Truck terminal or parking facilities
Vehicle staging and storage (ambulance, bus, limousine, livery, taxi, etc.)
Warehousing and storage (refrigeration or general)
Water distribution
Wholesale trade of goods
(j) 
Yard waste composting facility. A facility which yard waste and natural wood waste is received and processed to produce compost for off-site use. Retail and wholesale of bulk compost, mulch, and earth products shall be permitted as an accessory use to a yard waste composting facility. The term does not include composting by a single-family lot owner for personal use. The following use regulations apply:
(1) 
Minimum lot size: five acres.
(2) 
Setbacks.
A. 
The minimum composting activity setback shall be 100 feet from any lot line abutting a nonresidential use or nonresidential zoning district.
B. 
The minimum composting activity setback 200 feet from any lot line abutting a residential use or residential zoning district.
C. 
The minimum building setback shall be 25 feet.
D. 
The minimum parking setback shall be 25 feet.
(3) 
Operations.
A. 
Compliance. A yard waste composting facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Department of Environmental Protection and the provisions of this part. In the event that any of the provisions of this part are less restrictive than any present or future rules or regulations of the Department of Environmental Protection, the more restrictive Department of Environmental Protection regulations shall supersede and control.
B. 
Hazardous waste disposal. Hazardous waste as included on the list of hazardous waste as maintained by the Department of Environmental Protection shall not be disposed of in a composting facility.
C. 
Management. A yard waste composting facility shall be under the direction at all times of an experienced individual who is qualified to operate a composting facility.
D. 
Site maintenance. The entire area shall be kept clean and orderly.
(4) 
Site access. Access to the site shall be limited to those posted times when an attendant is on duty. To protect against indiscriminate and unauthorized dumping, every composting facility shall be protected by locked barricades, fences, gates, or other positive means designed to deny access to the area at unauthorized times or locations.
[Ord. No. 1540, 6-26-2023]
Table 1303.I
Principal Uses: Accessory Uses
Key:
P = Permitted by right
SE = Permitted by special exception
C = Conditional use
Blank Cell = Nonpermitted use
Uses
Mapped Zoning Districts
Civic District
Very Low Density Neighborhood
Low Density Neighborhood
Moderate Density Neighborhood
Neighborhood Center
Corridor District
Urban District
Town Center
Special District
CD
R-VL
R-L
R-M
M-N
M-C
M-U
TC
SD
Accessory dwelling unit
P
P
Accessory solar energy system
P
P
P
P
P
P
P
P
P
Community garden
P
P
P
P
P
P
Drive-through facility
SE
SE
Electric vehicle charging station - Level 3
P
P
P
P
P
Electric vehicle charging station - Levels 1 and 2
P
P
P
P
P
Farm stand
P
P
P
P
P
P
Geothermal energy systems
P
P
P
P
P
P
P
P
P
Heliport
SE
Home child care
P
P
P
P
P
P
P
Home occupation
P
P
P
P
P
P
P
Keeping of chickens
P
P
No-impact home-based business
P
P
P
P
P
P
P
P
P
Outdoor cafe
P
P
P
Outdoor display and sales
P
P
P
P
Parking
P
P
P
P
P
P
P
P
P
Signs
See Article 1305 of this part
Transit bus stops
P
P
P
P
P
P
P
P
P
Wind-powered systems
P
P
(a) 
General provisions.
(1) 
Accessory uses allowed. Accessory uses as listed in Table 1303.I, Table of Accessory Uses, are allowed only in connection with the lawfully established principal uses.
(2) 
Allowed uses. Allowed accessory uses are limited to those expressly regulated in this part as well as those that, in the determination of the Zoning Officer, satisfy all the following criteria:
A. 
They are customarily found in conjunction with the subject principal use(s) or principal structure.
B. 
They are subordinate and clearly incidental to the principal use(s) of the property.
C. 
They serve a necessary function for the comfort, safety, or convenience of occupants of the principal use(s).
(3) 
Accessory structures. Refer to Article 1304, Supplemental Regulations.
(4) 
Time of construction and establishment. Accessory uses may be established only after the principal use of the subject property is in place.
(5) 
Location. Accessory uses must be located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.
(b) 
Accessory uses.
(1) 
Accessory dwelling unit. A dwelling unit that is associated with and is incidental to another dwelling unit on the same lot which serves as the lot's principal use. The following use regulations apply:
A. 
A property owner must file a zoning permit or certificate of use for an accessory dwelling unit prior to its recognition as an accessory dwelling unit. The property proposed for an accessory dwelling unit must contain one, but no more than one, residential structure occupied as a one-unit dwelling.
B. 
The property must be owner-occupied, either in the principal structure or principal dwelling unit, or in the accessory dwelling
C. 
The accessory dwelling unit shall be located either:
1. 
In a newly constructed accessory dwelling unit structure.
2. 
In an existing detached accessory structure occupied, or formerly occupied, on the first floor by a garage, barn, or similar accessory use.
3. 
In a principal structure, provided that there is a separate entrance to the exterior or to an unconditioned porch type space.
D. 
The gross floor area of the accessory dwelling unit shall not exceed 50% of the gross floor area of the principal dwelling unit or 1,000 square feet, whichever is less. Exterior patios, decks, porches, and staircases providing interior access from the principal unit to the accessory dwelling unit will not be counted toward the gross floor area of the accessory dwelling unit.
E. 
Parking. Parking for the accessory dwelling unit must be provided on-site in accordance with the off-street parking and loading requirements specified in Article 1304, Supplemental Regulations.
F. 
Pedestrian access. An all-weather surface path to the accessory dwelling unit shall be provided from the street frontage.
G. 
The orientation of the proposed accessory dwelling unit shall, to the maximum extent practical, maintain the privacy of residents in adjacent dwellings as determined by the physical characteristics surrounding the accessory dwelling unit including landscaped screening, fencing, and window and door placement.
H. 
A separate numeric address for the accessory dwelling unit is prohibited.
I. 
No new, separate utility connection may be installed for the accessory dwelling unit in a principal structure, unless more than one utility connection already serves the lot, to the location of the proposed accessory dwelling unit, at the time of the application for the accessory dwelling unit.
J. 
At any one time, the number of dwellers in an accessory dwelling unit shall be limited to:
1. 
One adult and minor children related to said adult by blood, marriage, adoption, custodianship, or guardianship; or
2. 
Two adults (in total) and minor children related to at least one of the adults by blood, marriage, adoption, custodianship, or guardianship.
K. 
Wastewater disposal. Certification that the accessory dwelling unit can adequately connect to the existing sewer line or septic system is required. If it is determined that the existing septic tank cannot handle additional capacity from the accessory dwelling unit, plans for a separate on lot disposal system shall be submitted and approved. Provided that the primary dwelling is connected to the public sewer system, an accessory dwelling unit shall connect or tie into the primary dwelling's sewer line.
L. 
Lot nonseverability. The accessory dwelling unit may not be conveyed, or the title to the accessory dwelling unit be transferred separate and apart from the rest of the property.
M. 
Mechanical equipment. Mechanical equipment shall be located on the ground or contained within an accessory dwelling unit and may not be located on the roof.
(2) 
Accessory solar energy system (ASES). An area of land or other area used for a solar collection system that captures solar energy, converts it to electrical energy or thermal power and supplies electrical or thermal power primarily for on-site use. An accessory solar energy system consists of one or more freestanding ground- or roof-mounted solar arrays or modules, or solar-related equipment and is intended to primarily reduce on-site consumption of utility power or fuels.
A. 
ASES shall be permitted as a use by-right in all zoning districts when attached to a principal or accessory building or structure. Ground-mounted ASES are not permitted.
B. 
Exemptions.
1. 
ASES with an aggregate collection or focusing area of 10 square feet or less are exempt from this part.
2. 
ASES constructed prior to the effective date of this part shall not be required to meet the terms and conditions of this part. Any physical modification to an existing ASES whether existing prior to the effective date of this article that materially alters the ASES shall require approval under this article. Routine maintenance or like-kind requirements do not require a permit.
C. 
The ASES layout, design, installation, and ongoing maintenance shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, and shall comply with the UCC as enforced by the Town and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the application.
D. 
Upon completion of installation, the ASES shall be maintained in good working order in accordance with standards of the Town codes under which the ASES as constructed. Failure of the property owner to maintain the ASES in good working order is grounds for appropriate enforcement actions by the Town in accordance with applicable ordinances.
E. 
All on-site utility, transmission lines, and plumbing shall be placed underground to the extent feasible.
F. 
The owner of an ASES shall provide the Town written confirmation that the public utility company to which the ASES will be connected has been informed of the customer's intent to install a grid connection system and approved such connection. Off-grid systems shall be exempt from this requirement.
G. 
The display of advertising is prohibited except for reasonable identification of the manufacturer of the system.
H. 
Glare.
1. 
All ASES shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.
2. 
The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.
I. 
Prior to the issuance of a zoning permit, applicants must acknowledge in writing that the issuing of said permit for a solar energy system shall not and does not create in the property owner, its, his, her, or their successors and assigns in title or, create in the property itself any of the following:
1. 
The right to remain free of shadows or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property.
2. 
The right to prohibit the development on or growth of any trees or vegetation on such property.
3. 
The right to prohibit the development on or growth of any trees or vegetation on such property.
J. 
Decommissioning.
1. 
Each ASES and all solar-related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by system owner or operator, or upon termination of the useful life of same.
2. 
The ASES shall be presumed to be discontinued or abandoned if no electricity is generated by such solar collector for a period of 12 continuous months.
K. 
Permit requirements.
1. 
Zoning permit applications shall document compliance with this part and shall be accompanied by drawings showing the location of the system on the building or property, including lot lines. Permits must be kept on the premises where the ASES is constructed.
2. 
The zoning permit shall be revoked if the ASES, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the ASES not to be in conformity with this part.
3. 
The ASES must be properly maintained and be kept free from all hazards, including but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety, or general welfare. In the event of a violation or any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner or the ASES to conform or to remove the ASES.
L. 
ASES mounted on roofs or walls of any building shall be subject to the maximum height regulations specified for principal and accessory buildings within each of the underlying zoning districts.
M. 
Wall-mounted ASES shall comply with the setbacks for principal and accessory structures in the underlying zoning districts. Wall-mounted ASES installed at an angle may protrude beyond a roof edge only in the rear yard. If attached to a fence, wall-mounted ASES must face the interior of the lot.
N. 
Roof-mounted ASES shall not extend beyond any portion of the roof edge.
O. 
The applicant shall provide evidence that the plans comply with the UCC and adopted building code of the Town that the roof or wall is capable of holding the load imposed on the structure.
(3) 
Community garden. Permitted as an accessory use pursuant to the provisions specified under § 1303.160(b) of this article.
(4) 
Drive-through facility. A facility that provides or dispenses products or services, through an attendant or an automated machine, to persons remaining in vehicles that are in designated stacking aisles. A drive-through facility is accessory to principal service or commercial uses, such as a financial institution, personal service shop, retail store, eating establishment or gas stations. In these guidelines, a drive-through facility does not include a car wash, parking garage kiosks, or gas pump islands. The following use regulations apply:
A. 
Lot size. Lot sizes shall be large enough to efficiently and safely serve the operations of the vehicle drive-through facility while accommodating all necessary elements of good and efficient site design of vehicle drive-through facilities.
B. 
Number. No more than one drive-through facility may be permitted per principal use on a lot.
C. 
Placement. Sites with multiple commercial buildings on the property, drive-through facilities shall be located internal to the site away from corners, intersections of streets or from the street frontages, to reduce the visibility of vehicle drive-through traffic on the site from street view.
D. 
Site access.
1. 
Access driveways to drive-through facilities shall be located as far away as possible from street intersections and corners and designed in accordance with the applicable street design standards.
2. 
The number of access driveways into a site shall be minimized to reduce conflicts between turning vehicles and other users of the street, reduce curb cuts and interruptions to the sidewalk.
3. 
Vehicle queuing lanes must be separated from all aisles, must not result in additional curb cuts along the same street frontage and must not have direct ingress and egress from any street.
4. 
Vehicle queuing lanes must not be directly accessible from a street.
5. 
Vehicle queuing lanes must not obstruct or interfere with parking spaces, pedestrian aisles or walkways, and loading or service areas.
E. 
Parking.
1. 
Parking areas where possible shall avoid having pedestrians cross driveways or vehicle queuing lanes to enter the building.
2. 
The parking areas shall not conflict with the ingress and egress of the vehicle queuing lanes. This can be achieved by locating the parking areas away from the vehicle queuing lanes or clearly delineating the parking areas with appropriate barriers and signage.
(5) 
Electric vehicle charging station (Levels 1, 2, and 3). An area of parking that is served by electric vehicle charging station (EVCS) equipment for the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle. The following use regulations apply:
A. 
An owner or applicant may not install any EVCS on a property until a zoning permit has been issued by the Town to the property owner.
B. 
The design and installation of EVCS shall conform to the design standards specified in the Town Subdivision and Land Development Ordinance (Part 11 of the Town Municipal Code).
C. 
Electric vehicle make ready system.
1. 
All new, expanded, and reconstructed parking areas may provide for the electrical capacity necessary to accommodate the future hardware installation of EVCS through an electric vehicle make ready system.
2. 
An owner or applicant may apply for a zoning permit for an electric vehicle make ready system at the time of construction or renovation of appropriate charging areas.
3. 
An owner or applicant who installs an electric vehicle make ready system rather than an EVCS may not qualify for a reduction to the parking space provision requirements specified in the Town Subdivision and Land Development Ordinance (Part 11 of the Town Municipal Code) until the time the EVCS facility is installed.
(6) 
Farm stand. An accessory use to an agriculture operation or community garden use that sells only agricultural commodities which that person or persons have produced at least 50% of on the tract of land on which the farm stand is set up. The following use regulations apply:
A. 
Area. Farm stands shall not exceed 300 square feet of gross floor area.
B. 
A community garden may have one temporary farm stand selling or distributing agriculture and horticultural products produced on site for no more than two consecutive days each week during the growing season. Such stand shall be attended during all hours of sales or distribution.
(7) 
Geothermal energy systems. Open-loop geothermal energy systems and any system not meeting the definition of a closed-horizontal-loop geothermal energy system or closed-vertical-loop geothermal energy system are prohibited in the Town. The following use regulations apply:
A. 
The design and installation of geothermal energy systems and related boreholes for geothermal heat pump systems shall conform to applicable industry standards, including those of the ANSI, the IGSHPA, ASTM, the AR1, or other similar certifying organizations, and shall comply with the building code and with all other applicable Town requirements. The manufacturer's specifications shall be submitted as part of the application. The installer must have at least one representative who is certified by the International Ground Source Heat Pump Association (IGSHPA).
B. 
In all closed-loop geothermal energy systems relying upon circulating fluids, only nontoxic, biodegradable circulating fluids, such as food-grade propylene glycol, shall be permitted. No dye shall be permitted.
C. 
Setbacks.
1. 
A geothermal energy system shall not be considered an accessory structure for purposes of determining the number of accessory structures permitted on each property.
2. 
Unless otherwise specified, underground geothermal systems shall be located a minimum distance of 10 feet from any lot line.
3. 
Minimum well and borehole isolation distances shall be provided as follows in Table 1303.I.a.
Table 1303.I.a
Isolation Distances
Isolation Distance From
Borehole and Geothermal Supply and Geothermal Return Well
(feet)
Lakes, ponds, streams, or other surface waters
50
Storm drains, retention basins, stabilization ponds or stormwater management facilities
25
Preparation area or storage area of hazardous spray materials, fertilizers or chemicals, salt piles
100
Gravity sewer lines and drains carrying domestic sewage or industrial waste
50 or according to easement
Existing water and forced sewer buried utilities or utility trenches
Outside existing easement or, if no easement exists, no less than 50 feet from the utility or trench center line
Septic tanks, aerobic tanks or holding tanks
50
Subsurface sewage disposal systems, elevated sand mounds, other sewage disposal fields
100
Dedicated public right-of-way
20
D. 
Site plan. The construction documents submitted with the application for a zoning permit shall be accompanied by a site plan showing the size and location of new well construction, proposed buildings, existing and proposed on-lot sewage treatment systems, and existing structures on the site, distances from lot lines, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition or abandonment, the site plan shall show construction to be demolished or abandoned and the location and size of existing structures and construction that are to remain on the site or plot. The municipal official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.
E. 
Construction requirements. All boreholes must be dug, cased, and sealed in accordance with all applicable PA DEP regulations and protocol.
1. 
Grouting. Geothermal heating or cooling system vertical heat exchange boreholes containing loop pipes may be filled with approved grout or bridging or fill materials from their total depth up to a minimum depth of 50 feet below grade. These vertical heat exchange boreholes must be filled with only approved grout from a minimum depth of 50 feet below grade up to the ground surface. If the annular space around the loop pipes from a minimum depth of 50 feet below grade up to the ground surface is free from standing water, the approved grout may be emplaced without pressure pumping through a tremie pipe.
2. 
Completion report. Upon completion of the well or borehole, submit two copies of PA DCNR's water well completion report Form 8700-FM-TG-5001S, as may be amended, to the Zoning Officer and one copy of this form to the owner. If a geothermal well is constructed, a report shall be filed with the Town by the driller indicating the well was constructed in accordance with this part.
3. 
Construction standard. All materials and construction practices shall conform to the requirements stated in Closed-Loop/Geothermal Heat Pump Systems Design and Installation Standards, such as, but not limited to, standards for pressure testing, heat transfer fluids, etc. All materials and construction practices shall effectively prevent contamination of groundwater.
F. 
Abandonment. If the geothermal system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained in accordance with the following:
1. 
The heat pump and any external mechanical equipment shall be removed.
2. 
Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with applicable regulations. The top of the pipe, coil or boring shall be uncovered and grouted.
3. 
All abandoned wells shall be reported to PA DCNR on its forms and a copy provided to the municipality. If available, the original driller's log should be included along with the details of the well abandonment procedure. A photograph should be taken of the site, and a reference map should be made to locate the abandoned well.
(8) 
Heliport. A dust-controlled area of land, structural surface, or water used or intended to be used for the landing, take-off, or surface maneuvering of a helicopter, autogyro, or other vertical takeoff craft with engines operating. The following use regulations apply:
A. 
A heliport may be permitted as a conditional use as an accessory to hospitals or nursing homes for the movement of emergency medical cases.
B. 
A heliport may be permitted as a conditional use accessory to other nonresidential uses provided Town Council is satisfied that all the following conditions are met:
1. 
The heliport can be safely operated.
2. 
The heliport would be a valuable adjunct to the business of the principal use.
3. 
The heliport would not adversely affect the peace, privacy, and general welfare of the occupants of any residences in the vicinity.
C. 
Heliports must provide two off-street parking spaces per landing area in addition to any parking requirements of the principal use (Table 1304.A).
D. 
Heliports must be constructed and installed to meet the requirements of the Building Officials Conference of America Basic Fire Prevention Code.
E. 
Heliports must be approved by the Bureau of Aviation of the Commonwealth of Pennsylvania prior to commencement of operation.
F. 
Prior to the approval of a heliport, a plan of the property must be submitted to the Zoning Officer and the site must be physically inspected by the Town Manager, the Town Fire Marshal, and the Town Building Inspector.
(9) 
Home child care. Supplementary, temporary care of children, unrelated to the caregiver, on a regularly recurring basis for a portion of one or more days in the week and provided in the home of the caregiver. The following use regulations apply:
A. 
Limited attendees. More than six and fewer than 13 children may be cared for at a time. Up to six children is considered a home occupation. More than 13 more children are considered a child day-care center.
B. 
Outdoor play area. Home child care shall include a fenced outdoor play area.
C. 
Accessory use. Home child care may only be an accessory use to the principal use of household living.
D. 
Revocation. The Zoning Officer shall have discretion to revoke a zoning permit for home child care if such use is a nuisance to neighboring properties.
E. 
Limited number. No more than one home child care accessory use is permitted on any zoning lot.
(10) 
Home occupation. A home occupation is carried on in the home by the resident without special signs or displays, special mechanical equipment not customary in single-family dwelling units, or building alterations not customary to single-family dwelling units. An office in the home when used as the principal place of business is a home occupation and is subject to the regulations for home occupations.
A. 
Included uses. Home occupation includes the following and other uses deemed similar by the Zoning Officer: childcare of six or fewer children and an office or neighborhood service use that complies with the regulations in this section for a home occupation.
B. 
Excluded uses. All other uses are excluded.
C. 
The following use regulations apply:
1. 
Advertisement. Offering, displaying, or advertising any commodity or service for sale on the premises is prohibited, except that an identification sign is permitted in accordance with the regulations of Article 1305, Signs.
2. 
Outside storage. The storage of materials or products outside of a building is prohibited.
3. 
Area. The home occupation must not occupy more than 25% of the gross floor area of a dwelling unit in which the home occupation is operated.
4. 
Employees. On-site employment is limited to any member of the immediate household residing in the dwelling unit.
5. 
Hours of operation. Permitted hours of operation are 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturdays.
6. 
Limited attendees. Up to four attendees may be served or instructed at a time, except as provided for in home child care.
7. 
Residence. The operator of the home occupation shall reside in the dwelling unit in which the home occupation operates.
8. 
Physical appearance. The appearance of the structure shall conform to the general form, function, and character of the area it is located.
9. 
Client parking.
(A) 
Parking for clients must be provided on-site in the mid lot segment, unless prohibited by the base zoning district, or in the rear lot segment.
(B) 
Any client parking may not reduce the number of parking spaces for the dwelling below the minimum required for that use.
10. 
Business vehicles. No more than one motor vehicle shall be used in connection with a home occupation.
(A) 
The vehicle shall be of a type ordinarily used for conventional private passenger transportation, such as a passenger automobile, van, or pickup truck not exceeding a payload capacity of one ton.
(B) 
The vehicle shall not be designed to carry more than 12 persons.
(C) 
Parking of the vehicle must be accommodated on site.
(11) 
Keeping of chickens. The keeping of chickens for noncommercial purposes is a permitted accessory use to the principal use as indicated in Table 1303.I, provided that the following conditions are met:
A. 
The keeping of chickens shall comply with all applicable federal, state, and local regulations including, without limitation, Part 7 of the Town of McCandless Code of Ordinances, General Offenses Code, as amended.
B. 
Coop. A chicken coop and run for the keeping of chickens for personal use and enjoyment is permitted in the rear yard of a dwelling with the following conditions:
1. 
The coop must be set back at least 50 feet from any lot line.
2. 
A coop shall provide at least two square feet per bird of indoor space.
3. 
A run shall provide at least 10 square feet of run space per chicken.
4. 
A fence or shrub screening at least four feet in height shall be provided if the outdoor enclosure is visible from the Street or neighboring properties.
C. 
Renters that wish to keep chickens on property that they are renting must include written permission from the property owner or landlord that explicitly states that the renter has permission to keep chickens on the subject property. Such written permission shall be supplied to the Town as part of the permit application.
D. 
No chickens shall be kept as an accessory use to a townhouse dwelling, multi-unit dwelling, or mobile home park.
E. 
Storage of manure, odor- or dust-producing substances shall be located at least 200 feet from the lot line.
F. 
No person shall keep a rooster.
G. 
The selling of chickens or chicken products, including eggs, is prohibited.
H. 
Slaughtering and butchering of chickens on residential property in the Town is prohibited.
(12) 
No-impact home-based business. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client, or patient traffic, whether vehicular or pedestrian, pickup, delivery, or removal functions to or from the premises, in excess of those normally associated with a residential use. The business or commercial activity must satisfy the following requirements:
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs, or lights.
E. 
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.
F. 
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.
G. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the gross floor area.
H. 
The business may not involve any illegal activity.
(13) 
Outdoor cafe. Tables and chairs for patrons of drinking and eating places located outdoors and directly adjacent to the building or structure containing the principal use. The following use regulations apply:
A. 
The outdoor cafe may be permitted as an accessory use to an existing eating place provided vehicular and pedestrian circulation is not unreasonably restricted pursuant to the encroachment requirements specified in Article 1304, Supplemental Regulations.
B. 
Location.
1. 
The outdoor cafe may be located anywhere on the lot, or on the adjacent right-of-way, provided that, if it is located in the right-of-way, a minimum of five feet of sidewalk shall remain available and obstacle-free for passing pedestrians.
2. 
The outdoor cafe shall be located directly adjacent to the principal use.
3. 
The outdoor cafe not associated with additional construction and located fully on the lot are subject to administrative approval by the Zoning Officer.
4. 
The outdoor cafe is not subject to front or secondary street setbacks.
C. 
Limited outside sidewalk sales of perishable and consumable items (produce, ice cream, newspapers, magazines, soft drinks, etc.) may be permitted in conjunction with an outdoor cafe, provided that the outdoor display and sale is approved pursuant to the use regulations outlined for outdoor display and sale of merchandise in Subsection (b)(14) below.
D. 
If the outdoor cafe does not consistently comply with all conditions listed in this subsection and its certificate of use, or if the use becomes a nuisance for any reason as determined by the Zoning Officer, the Zoning Officer may order such use terminated. For purposes of this subsubsection a "nuisance" shall be deemed to include any condition considered a nuisance under applicable law.
E. 
This subsection applies to any and all uses of land or structures, including existing uses and structures.
F. 
Cover. The outdoor cafe may have a covering or overhead enclosure and shall be open-air.
G. 
Permanent structures are prohibited.
(14) 
Outdoor display and sales. The outdoor display and sales of merchandise or other items offered for sale or advertisement of a principal retail or service use. The following use regulations apply:
A. 
Outdoor displays may not extend more than five feet from the front elevation and in no instance shall merchandise or other items for sale or advertisement encroach into the cartway. Outdoor displays that encroach into the right-of-way, but not the cartway, must comply with the encroachment regulations in Article 1304.
B. 
Merchandise or other items displayed as the accessory use shall be restricted to those items or merchandise which are sold at the principal use.
C. 
If associated with a principal use on a corner lot, only a single frontage shall be utilized for accessory outdoor display purposes.
D. 
Merchandise or other items, and all temporary structures used for outdoor display, shall be removed and stored indoors from dusk to dawn.
E. 
Notwithstanding any provision of this article, the public way, street, sidewalk, curb, and all means of ingress and egress to the structure containing the principal use shall be maintained free of obstructions, merchandise, or other items. A minimum of five feet of sidewalk shall remain available and obstacle-free for passing pedestrians.
(15) 
Parking. Parking as an accessory use in conjunction with an adjacent principal use on the lot.
A. 
Parking lot. A parking lot is a paved surface used solely for the parking of vehicles, intended for use by the occupants in an adjacent building on the lot. A parking lot may be uncovered or covered by a renewable energy structure.
B. 
Parking structure. An accessory structure used solely for the parking of vehicles, intended for use by the occupants in an adjacent building on the lot. The following use regulations apply:
1. 
Location. An accessory parking structure shall be located as follows:
(A) 
Parking structures shall be located in the rear yard only and shall be screened from view from the front of the lot or the primary street to the principal use structure.
2. 
Height.
(A) 
A parking structure in a residential zoning district and the Civic District must meet the maximum height of an accessory building for the applicable zoning district.
(B) 
A parking structure accessory to a residential and lodging use, excluding multifamily dwelling and hotel/apartment hotel, must meet the maximum height of an accessory building for the applicable zoning district.
(C) 
All other parking structures shall have a maximum height no greater than height of the principal use structure.
(16) 
Signs. Signs, as regulated under Article 1305 of this part, are an accessory use to the principal use.
(17) 
Transit bus stops. A use including both sheltered and non-sheltered infrastructure facilities that provide passengers safe access to both fixed-route and demand-responsive public transportation services on a lot. Bus stops provided in the right-of-way are not subject to these regulations. The following use regulations apply:
A. 
Bus stop infrastructure, including ADA loading pads, bus passenger benches, and bus shelters, as well as bus stop location signs and bus stop passenger information signs, shall be permitted by-right in all zoning districts and shall be considered an accessory use or structure that can stand alone without the accompanying principal use.
B. 
Bus stop infrastructure shall be exempt from minimum lot size, open space, yards, and setback requirements of the governing zoning district(s).
C. 
The location and design of the bus stop infrastructure shall be reviewed and approved by the applicable transit agency and Town. The transit agency shall provide written documentation certifying that a location is an existing or potential future bus stop.
D. 
Whenever an ADA loading pad, bench for a bus stop, or bus shelter is provided, the applicable off-street parking requirements for the lot's principal use may be reduced by one vehicular parking space per amenity up to a maximum three space reduction for each bus stop location.
E. 
Bus stop location signs and bus stop passenger information signs installed and maintained by the transit agency shall be permitted within the public right-of-way and on private property.
(18) 
Wind-powered systems. Uses include windmills, wind wheels, and wind energy conversion systems (WECS). The following use regulations apply:
A. 
One windmill, wind wheel, or WECS is permitted per lot.
B. 
The structure supporting the wind rotor unit, including any necessary guideposts and supporting cables, shall be independent of any occupied structure and located a minimum distance of the tower height plus 10 feet from any occupied dwelling, and shall not be more than 1.5 times the maximum principal building height limits specified Article 1302 of this part.
C. 
The minimum distance between the tower and any lot line shall be not less than two times the height of the tower.
D. 
The minimum distance between grade and the lowest point of the rotor blade shall be 20 feet.
E. 
All electric line and utility wires must be buried underground.
F. 
Any mechanical equipment associated and necessary for operations, including a building for batteries and storage cells, shall be enclosed with six-foot-high fence. The supporting structure shall also be enclosed with a six-foot fence unless the base of the tower is not climbable for a distance of 12 feet.
G. 
When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 140 square feet in area, nor eight feet in height and must be located at the base of the supporting structure.
H. 
The resultant energy harnessed from the wind shall be used on the property it is located on and not used as a commercial enterprise.
I. 
The supporting structure and generating unit shall be kept in good repair and sound condition. Upon abandonment of use, the supporting structure and related structures shall be dismantled and removed from the property within 60 days.
J. 
The applicant shall demonstrate that any noise from the wind generating unit shall not exceed 45 dB(A), measured at the lot line.
[Ord. No. 1540, 6-26-2023]
Table 1303.J
Principal Uses: Temporary Uses
Key:
P = Permitted by right
SE = Permitted by special exception
C = Conditional use
Blank Cell = Nonpermitted use
Uses
Mapped Zoning Districts
Civic District
Very Low Density Neighborhood
Low Density Neighborhood
Moderate Density Neighborhood
Neighborhood Center
Corridor District
Urban District
Town Center
Special District
CD
R-VL
R-L
R-M
M-N
M-C
M-U
TC
SD
Farmers' market
P
P
P
P
Mobile food facility
P
P
P
P
P
P
Temporary outdoor event
P
P
Temporary signs
See Article 1305 of this part
(a) 
General. Temporary uses are limited to those expressly regulated in this part as well as those that the Town Zoning Hearing Board has approved as a special exception for a temporary use.
(1) 
A temporary use that is conducted annually or on a similar recurring basis as determined by the Town must apply for special exception approval from the Town Zoning Hearing Board for its first occurrence. The temporary use may be permitted to recur thereafter with approval from the Zoning Officer, provided that the event location, format, and operations have not substantially changed from the original approval and that the conditions established in the original approval are deemed applicable.
(2) 
All other temporary uses shall receive special exception approval for each occurrence.
(b) 
Temporary uses.
(1) 
Farmers' market. A public market administered by a market manager and held multiple times per year to connect and mutually benefit farmers, communities, and shoppers. The farmers' market shall allow as vendors predominantly local farmers, farmers' cooperatives and producers selling any of the following: whole produce; value-added agricultural products such as jams, jellies, and pickles; prepared food; all agricultural and horticultural products including but not limited to whole produce, plants, flowers, meats, dairy products, and other food-related products. The following use regulations apply.
A. 
The applicant shall indemnify, save harmless, and defend (if requested) the Town and the owner(s) of any private or public property upon which the farmers' market will be held and their respective officers, agents, and employees from any and all claims, suits, or actions for injuries, death or property damage arising out of the temporary outdoor event where the claim, suit, or action was caused by the applicant, its officers, agents, and employees, the event participants, support staffs, event officials, volunteers, medical support, technical support, media vehicles, event communications staffs, the traveling public, general public, or spectators.
B. 
An accurate certificate of insurance must be provided showing:
1. 
General liability insurance for bodily injury and property damage in the minimum amount of $250,000 per person and $1,000,000 per occurrence to cover any loss that might occur as a result of the permitted use of the local and state rights of way or private property that might otherwise arise out of or be connected with the farmers' market.
2. 
Occurrence-based coverage.
3. 
The Town and applicable public and private landowners named as the additional insured.
C. 
Written permission for use of any private property must be obtained from the owner(s), or other person with authority to grant same, and be submitted to the Zoning Officer.
D. 
The farmers' market is of a temporary nature, namely, in operation only one day or two days per week between the maximum hours of 8:00 a.m. and 8:00 p.m.
E. 
A minimum lot area of 100 square feet per stand shall be provided.
F. 
Farmers' market vendors must obtain a retail food license from the Pennsylvania Department of Agriculture to operate a food facility at a farmers' market, whether the market is inside or outside. Each individual stand is considered its own retail food facility and must obtain its own license to operate.
(2) 
Mobile food facility. A movable retail food facility, such as a stand, vehicle, cart, basket, box, or similar structure, from which food is stored, prepared, processed, distributed, or sold and the facility:
A. 
Physically locates at one site or location for no more than 14 consecutive days, in one calendar year, regardless of whether the facility operates continuously during that time period.
B. 
Is not licensed as a temporary retail food facility under the Retail Food Facility Safety Act § 5703(g)(2).
C. 
A mobile food facility shall meet the requirements of the Allegheny County Health Department and applicable licensing requirements of the Pennsylvania Department of Agriculture and provide evidence of this compliance as part of the permit application.
D. 
A mobile food facility must also obtain a transient vendor license and other relevant business licenses from the Town of McCandless as specified in Part 3, Business and Taxation.
(3) 
Temporary outdoor event. A temporary outdoor event such as a carnival, circus, street celebration, race, bazaar, market, procession, assemblage, or other similar outdoor event. Such events may be on a street, open space, or other public space in which public access is wholly or partially restricted. The event may include the sale of goods. The following use regulations apply:
A. 
The applicant shall indemnify, save harmless, and defend (if requested) the Town and the owner(s) of any private or public property upon which the event or activity will be held and their respective officers, agents, and employees from any and all claims, suits, or actions for injuries, death or property damage arising out of the temporary outdoor event where the claim, suit, or action was caused by the applicant, its officers, agents, and employees, the event participants, support staffs, event officials, volunteers, medical support, technical support, media vehicles, event communications staffs, the traveling public, general public, or spectators.
B. 
A certificate of insurance must be provided showing: a) public liability insurance for bodily injury and property damage in the minimum amount of $250,000 per person and $1,000,000 per occurrence to cover any loss that might occur as a result of the permitted use of the local and state rights of way or private property that might otherwise arise out of or be connected with the event; b) occurrence-based coverage; and c) the Town and applicable public and private landowners named as the additional insured. The applicant warrants the information in the insurance certificate is accurate.
C. 
The event location or route shall be appropriately secured with proper security and safety measures taken to protect the event participants, support staffs, event officials, volunteers, medical support, technical support, media vehicles, vehicle escort services, maintenance and protection services, the traveling public, event communications staffs, the general public, and spectators. Proper emergency medical services shall be provided. Local fire departments, the public, and the traveling public shall be notified in advance of the event.
D. 
Written authorization from the Pennsylvania Department of Transportation via a special event permit granting the applicant permission to use the right-of-way of a public roadway. The applicant shall provide the Town with a complete copy of the special event permit and associated documentation. All information shall be submitted to the Zoning Officer.
E. 
Written permission for use of any private property must be obtained from the owner(s), or other person with authority to grant same, and be submitted to the Zoning Officer.
(4) 
Temporary signs. Temporary signs are regulated under Article 1305 of this part.
[Ord. No. 1540, 6-26-2023]
(a) 
General regulations. All lawful uses of land or of a building, sign, or other structure existing on the effective date of this part that do not conform to the use, height, area, setback, and other regulations of the district in which it is located may be continued, altered, restored, reconstructed, changed, sold, or maintained according to the following requirements.
(b) 
Nonconforming structures.
(1) 
Continuation. Any nonconforming structure existing on the effective date of this part or created by an amendment to this part may continue although such structure does not conform to the dimensional requirements of this part.
(2) 
Restoration. A nonconforming structure, which has been damaged or destroyed by fire, explosion, windstorm, or other natural or criminal acts, must meet the following restoration requirements:
A. 
A nonconforming structure with damage may be reconstructed provided the structure is restored to meet the following requirements:
1. 
The restored structure must not exceed the height, area, and volume of the original damaged structure.
2. 
The restoration of the structure must commence within one year from the date the structure was damaged and must be uninterrupted, otherwise the nonconforming structure status is void.
(3) 
Demolition. In the event any nonconforming building is destroyed or partially destroyed, and the owner has determined that reconstruction or restoration is infeasible, the owner is responsible for the complete removal of the structure and debris as well as the filling of any excavated areas.
(4) 
Expansion or alteration. The following requirements apply to the expansion or alteration of nonconforming structures or buildings:
A. 
The lot on which the expansion or alteration is proposed must be limited to only that lot on which the building or structure existed at the time it became nonconforming. Expansion onto an adjoining lot is prohibited.
B. 
A nonconforming building or structure may be extended or expanded on the same lot, provided that the extension or alteration:
1. 
Is limited to 25% of the gross floor area of the building existing at the time the building became nonconforming.
2. 
Conforms to all dimensional requirements and all other application regulations of this part.
C. 
The applicant must furnish conclusive evidence as to the extent of the nonconformity when it was created. The above maximum increase must be measured in aggregate over the entire life of the nonconformity.
D. 
Extension along a nonconforming setback. If an existing building has a lawfully nonconforming building setback, additions may occur to increase the height above such setback or to extend other portions of the building out to the nonconforming side or rear setback line, provided that:
1. 
No additional nonconformity is created.
2. 
The extension does not obstruct a clear sight triangle.
3. 
The extension is at least five feet from any lot line.
4. 
The new nonconforming extension is limited to 25% of the existing gross floor area.
5. 
All other requirements of this part, including provisions regarding height restrictions, are met.
6. 
Such addition is prohibited for a nonresidential building that abuts an existing primarily residential use.
E. 
In the case of a nonconforming building or structure which is used by a nonconforming use, any expansion or alteration must also meet the requirements and additional restrictions of § 1303.240(d), concerning the expansion or alteration of nonconforming uses.
F. 
Provision for vehicular access, off-street parking, and off-street loading must comply with the requirements of this part.
G. 
Buffers and screens must be provided according to the buffering regulations of the Town's Subdivision and Land Development Ordinance (Part 11 of the Town Municipal Code).
(c) 
Nonconforming lots.
(1) 
Continuation. Any nonconforming lot, due to its lot area or lot width, existing as of the effective date of this part or created by an amendment to this part may be continued although such a lot does not conform to the lot requirements for the district in which it is located.
(2) 
Development. The following requirements apply to the development and use of the nonconforming lot:
A. 
All the requirements of this part must be met except for the lot area and lot width.
B. 
Each lot must have an approved on-lot water and wastewater system or access to public water and public sewer. Additionally, for those lots utilizing on-lot water, the minimum required isolation distance between the well and the on-lot wastewater system must be provided.
C. 
In a residential zoning district, only one single-family dwelling may be erected.
D. 
Where possible, contiguous lots under common ownership must be replatted to create conforming lots.
(d) 
Nonconforming uses.
(1) 
Continuation.
A. 
Any nonconforming use existing on the effective date of this part or created by an amendment to this part may be continued although such use does not conform to the provisions of this part. Change in ownership or possession of the use or property shall not prevent the continuance of the nonconforming use.
B. 
Any planned residential developments or portions thereof that were approved or completed prior to December 31, 1988, shall continue to operate under this part in effect when they were approved.
(2) 
Expansion or alteration. Any nonconforming use may be expanded or altered only through the obtainment of a special exception from the Zoning Hearing Board and subject to the following criteria:
A. 
The lot on which the expansion or alteration of a nonconforming use is proposed shall be limited to only that lot on which the use existed at the time it became nonconforming. Expansion onto adjoining lots is prohibited. Any portion of the parent lot with a nonconforming use on part of the lot which is subdivided after April 16, 2019, and to which subdivided lot the nonconforming use has not been extended before subdivision shall, after subdivision, be used only in conformity with all the provisions of this part.
B. 
The total of all such expansions or alterations of use shall not exceed an additional 25% of the actual area of those buildings or structures or portion of the land devoted to and actually used by the nonconforming use, whichever is more restrictive, as they existed on the date such use first became nonconforming. All expansions of the nonconforming use or building(s) that occurred since the use originally became nonconforming shall count toward the above maximum increase.
C. 
The nonconforming use of a building may be expanded within the building, provided that the expansion is limited to 25% of the gross floor area occupied by the nonconforming use at the time the use became nonconforming.
D. 
The applicant shall furnish conclusive evidence as to the extent of the nonconformity and lawfulness in all respects when it was created.
E. 
Provision for vehicular access, off-street parking and off-street loading shall be consistent with standards required by this part.
F. 
Provision for yards, building height, and building area shall be consistent with the standards required for permitted uses in the district in which the nonconformity in question is located.
G. 
Appearance of expansions should be harmonious with surrounding properties; this feature includes, but is not limited to, landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control and maintenance of all improvements and open spaces.
H. 
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings, and open spaces.
(3) 
Change of use. The following regulations shall apply to the change of nonconforming uses:
A. 
A nonconforming use changed to a conforming use shall not be permitted to be changed back to a nonconforming use.
B. 
A nonconforming use shall be permitted to be changed to another nonconforming use upon application to the Zoning Hearing Board for a special exception and in accordance with § 1301.260(c)(2) of this part and the following standards:
1. 
The applicant shall show the nonconforming use cannot be changed reasonably to a permitted use.
2. 
The applicant shall demonstrate the change will be less objectionable in external effects than the existing nonconforming use including, but not limited to:
(A) 
Traffic impact.
(B) 
Environmental impact (e.g., noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, or vibration).
(C) 
Solid waste disposal.
(D) 
Appearance.
3. 
The applicant shall demonstrate the change will meet other requirements of this part, including parking and loading, buffering, and signage.
(4) 
Abandonment, discontinuance and delinquency.
A. 
The ceasing of a nonconforming use in a building or structure for a continuous period of one year or more shall be considered the abandonment of the nonconforming use. Subsequent use of such building or structure shall be in conformity with the provisions of this part.
B. 
The ceasing of a nonconforming use of land for a continuous period of one year or more shall be considered the abandonment of the nonconforming use with the exception of normal farming practices, such as, the rotation of crops. Subsequent use of such land shall be in conformity with the provisions of this part.
C. 
In the case of the death of the landowner or settling of an estate the discontinuance of the nonconforming use shall not be considered an abandonment of the use in accordance with Subsection (d)(4)A and B above until the estate is settled or a court order has been entered regarding the estate's disposition. A one-year grace period after such settlement or court order shall apply.
D. 
A nonconforming use shall be deemed abandoned in the event the Town or county acquires an unredeemed, tax delinquent property and sells said property. Subsequent use of the land shall be in conformity with the provisions of this part.
(e) 
Documentation of the nonconformance.
(1) 
It shall be the obligation of the landowner to provide evidence of the nonconformance. At the request of the landowner and based on evidence provided to the Zoning Officer as authorized by the Town Council, the Zoning Officer shall issue a certificate of nonconformance which shall be for the purpose of insuring to the owner the right to continue a nonconforming building or use. If no documented evidence is produced, it shall be assumed that the nonconformance is not a preexisting condition.
(2) 
The certificate of nonconformance shall set forth in detail all of the nonconforming conditions of said property.
(3) 
The Town shall retain a copy of the certificate of nonconformance.