Town of Bloomsburg, PA PART 6 SPECIAL EXCEPTIONS AND CONDITIONAL USES

§ 27-601 Purpose.

[Ord. No. 1055, 6/3/2024]

1. Special Exceptions. The purpose of special use regulations is to provide additional standards for controlling the unique or special characteristics of certain uses which otherwise conform to uses permitted in their respective districts.

2. Conditional Uses. The purpose of conditional use regulations is to permit certain types of developments in certain zones or districts when the conditions described for each type of development have been fulfilled, as determined by the Council upon recommendation by the Planning Commission.

§ 27-602 Filing of a Special Exception.

[Ord. No. 1055, 6/3/2024]

1. Decisions for granting or denying special use permits shall be made by the Zoning Hearing Board as provided for in Part 9, Zoning Hearing Board.

2. In addition to filing and general requirements listed in § 27-905, Subsection 3, decisions of the Board shall be made pursuant to standards and criteria expressed in this Part, to regulations for the respective districts in which the uses are located and to all other requirements of this Chapter. The Board shall grant an approval for a special use only if it finds adequate evidence that the proposed use meets both the general and specific requirements for such use.

3. Site Plan. A plan for the proposed development of a site for a special use shall be submitted with the application for a special permit. Such plan shall show the location of all buildings, open spaces, parking areas, traffic access and circulation, landscaping and any other information required for determining the conformance of the special use with the regulations for that use.

§ 27-603 Filing of a Conditional Use.

[Ord. No. 1055, 6/3/2024]

1. Decisions of the Council shall be made pursuant to the standards and criteria expressed in this section, to regulations for the respective districts in which the uses are located, and to all other requirements of this Chapter. The Council shall grant approval for a conditional use only after it has reviewed the recommendation of the Planning Commission and has found adequate evidence that the proposed use meets the standards and criteria for such use.

2. Site Plan. A plan for the proposed development of a site for a conditional use shall be submitted with the application for such use. The plan shall show the location of all buildings, open spaces, parking areas, traffic access and circulation, landscaping and any other information required for determining the conformance of the conditional use with the regulations for that use.

§ 27-604 General Standards.

[Ord. No. 1055, 6/3/2024]

1. Decisions for granting all special exception or conditional uses shall be guided by the following general standards:

A. The proposed use shall not jeopardize the objectives of the Town of Bloomsburg Comprehensive Plan.

B. Public services and facilities such as streets, sewers, water, police and fire protection shall be adequate for the proposed use.

C. Existing and future streets and access to the site shall be adequate for emergency services, for avoiding undue congestion and for providing for the safety and convenience of pedestrian and vehicular traffic.

D. The relationship of the proposed use to other activities existing or planned in the vicinity shall be harmonious in terms of the location and size of the site relative to the proposed operation and the nature and intensity of the operation involved.

E. The relationship of the proposed use to other activities existing or planned in the vicinity shall be harmonious in terms of the character and height of buildings, walls and fences so that property is not impaired.

F. The proposed use shall not be more objectionable in its operations in terms of noise, fumes, vibrations, smoke, fly ash or flashing lights than would be the operations of any permitted use in the district.

G. Any other reasonable conditions and safeguards, in addition to those expressed in this Chapter, may be imposed by the Board or Council if the Board or Council deems it necessary for implementing the purposes of the Pennsylvania Municipalities Planning Code (Act 247, as amended),[1] and this Zoning Chapter.

[1] Editor's Note: See 53 P.S. § 10101, et seq.

§ 27-605 Additional Requirements for Specific Uses.

[Ord. No. 1055, 6/3/2024]

1. Accessory Dwelling.

A. In the R-C and R-S Districts, only one accessory dwelling shall be permitted as an accessory use to a principal single-family detached dwelling.

B. In the R-U District, no more than two accessory dwellings shall be permitted as an accessory use to a principal single-family detached dwelling.

C. An accessory dwelling unit may be constructed in one of the following ways:

(1) Attached to the principal building, with a separate entrance that does not share an interior access with the main residence.

(2) Within an existing accessory structure on the property that is legally permitted and meets all zoning requirements.

(3) As a new structure that meets all zoning requirements for setbacks, height, lot coverage, and other applicable regulations.

D. Regardless of the location of the accessory dwelling, no single accessory dwelling shall comprise more than 50% of the habitable floor space contained within the principal single-family detached dwelling.

E. The applicant shall demonstrate that an approved means of sewage disposal and reliable water supply shall be used.

F. An accessory dwelling unit contained on floors above or below grade shall have a direct means of escape to ground level.

G. Parking on the lot shall consist of one parking spot, with separate access, for each bedroom or sleeping area in the accessory dwelling unit.

H. An accessory dwelling shall be occupied by not more than two persons.

I. An accessory dwelling shall comply with all applicable ordinances and/or codes adopted and enforced by the Town.

J. The Town shall notify the Town Municipal Authority of the proposed establishment of an accessory dwelling unit when located in an area served by on-site water supply systems and which is located in an area which is served by public sanitary sewers, so that the Town Municipal Authority may adjust sewage charges, if deemed necessary, to reflect additional sewage flows anticipated to emanate from the accessory dwelling unit(s).

2. Airport. See § 27-401, Airport Overlay.

3. Any Nonresidential Land Use Not Assigned Otherwise.

A. The impact of the proposed use on the adjacent properties, surrounding neighborhood, and/or environment shall remain equal to or less than any use specifically listed in the same base zoning district.

B. Any use shall be in conformance to the dimensional standards of the IP Industrial Park District.

C. Parking shall only be in accordance with § 27-511, Off-Street Parking and Loading.

D. Dumpsters must be screened in accordance with this Chapter and placed behind the principal building and facing the rear lot line.

E. Loading service areas shall be placed behind the principal building.

F. If recommended by the Planning Commission and Town Council, a traffic study shall be conducted in accordance with ITE standards and shall identify the impact of peak hour trips generated by the use.

4. Any Residential Land Use Not Assigned Otherwise.

A. The impact of the proposed use on the adjacent properties, surrounding neighborhood, and/or environment shall remain equal to or less than any use specifically listed in the same base zoning district.

B. Any use shall be in conformance to the dimensional standards of the MX-3 District.

C. Applicable dumpsters must be screened in accordance with this Chapter and placed behind the principal building and facing the rear lot line.

D. See § 27-511, Off-Street Parking and Loading.

5. Automobile or Gasoline Service Station.

A. Minimum frontage on an interior lot shall be not less than 125 feet. On a corner lot, the minimum frontage on the secondary street shall be not less than 100 feet and on the primary street not less than 125 feet.

B. Fuel dispensing devices shall conform to district setback requirements and shall be set back not less than 25 feet from any street line.

C. Any buildings, fuel dispensing devices, or outdoor appurtenances related to the use shall be set back at least 50 feet from any residential zone, or 150 feet from a school, place of worship, or playground.

D. The outdoor storage of motor vehicles, whether movable or not, shall be permitted for no more than one month. Vehicles may be stored for longer than one month provided that the area is completely screened.

E. The outdoor storage of junk, including auto parts, is prohibited.

F. All ventilation equipment associated with fuel storage tanks shall be set back 50 feet, and oriented away from residentially zoned areas.

G. For stations fronting on one road, the following standards for access shall apply:

(1) Access drives shall have a minimum length from the road of 25 feet.

(2) The maximum width of access driveways shall be 35 feet.

(3) Access drives shall have a minimum separation of 75 feet.

(4) The separation distance will be measured from inside edge to inside edge.

H. All driveways and service areas shall be paved with a surfacing material approved by the Town and, if necessary, distinguished from sidewalk areas by painted lines. Motor vehicles shall not be permitted to be parked or to stand on sidewalk areas.

6. Bed and Breakfast.

A. Not more than four bedrooms are used for guest accommodation.

B. Required off-street parking and loading as found in § 27-511.

C. The serving of breakfast is provided only to guests and not to the public, as in a restaurant.

7. Campground.

A. No occupancy other than transient or seasonal shall be permitted;

B. Plans shall be for a minimum lot size of 10 acres;

C. Setbacks. All campsites shall be located at least 50 feet from any side or rear property line and at least 100 feet from any public street line;

D. Each campsite shall be at least 3,000 square feet in size and shall either provide parking space for one automobile which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common parking area;

E. An internal road system shall be provided, as required by § 22-502 of the Subdivision and Land Development Ordinance;

F. All outdoor play areas shall be set back 100 feet from any property line and screened from adjoining residentially zoned properties. Such outdoor play areas shall be used exclusively by registered guests and their visitors;

G. All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet from any property line. Such facilities shall be screened from adjoining residentially zoned properties;

H. Any accessory retail or service commercial uses shall be set back a minimum of 100 feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these commercial uses shall only have vehicular access from the campground's internal road rather than the public street. All accessory commercial uses and related parking shall be screened from adjoining residentially zoned parcels;

I. All campgrounds containing more than 100 campsites shall have vehicular access to an arterial or collector street;

J. A campground may construct one freestanding or attached sign containing no more than 32 square feet. Any reference to accessory commercial or recreational facilities shall remain secondary in size to the reference of the principal campground use. Such sign shall be set back at least 10 feet from the street right-of-way line, at least 100 feet from any residential zone, and at least 25 feet from adjoining lot lines;

K. A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities, which shall not be located within 100 feet of any property line. Responsibility for maintenance of the recreation area shall be with the landowner;

L. During operation, every campground shall have an office in which shall be located the person responsible for operation of the campground;

M. All water facilities, sewage disposal systems, rest rooms, solid waste disposal and vector control shall be approved and maintained in accordance with the requirements of the PA DEP; and

N. All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets.

8. Commercial Communications Tower.

A. Standards Applicable to Commercial Communication Towers and Commercial Communication Antennas.

(1) Structural Certifications. For any commercial communications antenna or commercial communications tower higher than 50 feet, the applicant for a special exception shall provide, from a registered professional engineer, a certification as to the overall structural integrity of the commercial communications tower, including, but not limited to, wind resistance and icing, and that the commercial communications tower meets all applicable BOCA, ASME and other applicable standards. Said certification will be submitted in writing with the application.

(2) Airport Certifications. The applicant for a special exception shall provide a certification from a registered professional engineer that the proposed commercial communications antenna or commercial communications tower complies with all applicable rules and regulations of the Federal Aviation Administration, the Pennsylvania Department of Transportation and the airport provisions of the Zoning Ordinance of the Town of Bloomsburg Code of Ordinances, Chapter 27, § 27-401. The applicant for a special exception for a commercial communications antenna or commercial communications tower shall notify the operator of the Town of Bloomsburg Airport of its application for special exception and provide proof thereof. Said certifications will be submitted in writing with the application.

(3) Removal of Commercial Communications Antennas and Commercial Communications Towers.

(a) If a commercial communications antenna or commercial communications tower remains substantially unused for a continuous period of 12 consecutive months, the owner or operator of the commercial communications antenna or commercial communications tower shall remove the commercial communications antenna or commercial communications tower within six months of receipt of a notice from the Town of Bloomsburg ordering such removal. Unless the owner or operator can prove that any building or appurtenant structure associated with the commercial communications tower and all landscaping can be used for other permitted uses in the zoning district, the building, appurtenant structures and landscaping shall also be removed. The base of the commercial communications tower shall be removed in all circumstances.

(b) Prior to the issuance of a building permit by the Town of Bloomsburg, the applicant shall post a security in the form of a bond or letter of credit in an amount approved by the Town Engineer and in a form approved by the Town Solicitor in an amount to cover the costs of removal of the commercial communications antenna or commercial communications tower and site clean up including a factor for inflation. In the event that the owner or operator of the commercial communications antenna or commercial communication tower fails to remove the commercial communications antenna or commercial communications tower within six months from having received notice from the Town of Bloomsburg, the security shall be used by the Town of Bloomsburg to remove the commercial communications antenna or commercial communications tower and site facilities as provided for above.

(4) Lighting. No commercial communications antenna or commercial communications tower shall be artificially lighted except when required by the Federal Aviation Administration or Pennsylvania Department of Transportation.

(5) Federal Communications Commission. The applicant for a special exception for a commercial communication tower or commercial communication antenna shall provide a certification from the Federal Communications Commission that it is licensed by the Federal Communications Commission and, if applicable, certification that the Federal Communications Commission has approved the commercial communications antenna or commercial communications tower. Said certification will be submitted in writing with the application.

(6) Documentation of Need. Applicants for special exceptions for commercial communication towers or commercial communication antennas must demonstrate, using technological evidence, that in order to satisfy its functional requirement the commercial communications antenna or commercial communications tower must go where it is proposed and that there are no buildings or other commercial communications towers available where the commercial communications antenna can be placed to satisfy its functional requirements. Applicants are required to document need with the following:

(a) The applicant for the placement of a commercial communications tower or commercial communication antenna shall be required to submit to the Town evidence of the need for the commercial communications tower and that the applicant has exhausted all alternatives to constructing a commercial communications tower. Applicants are required to prove need by:

1) Demonstrating via written evidence that, in terms of location and construction, there are no existing towers, commercial communications towers, buildings, structures, elevated tanks or similar uses able to provide the platform for the commercial communications antenna.

2) 

Providing evidence, including coverage diagrams and technical reports, demonstrating that colocation on existing commercial communications towers is not technically possible in order to serve the desired need. Colocation is not possible if:

a) Planned equipment would exceed the structural capacity of existing commercial communications towers within the Town, considering existing and planned use of those commercial communications towers and existing commercial communications towers cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost.

b) Planned equipment will cause radio frequency (RF) interference with other existing or planned equipment for the commercial communications tower and the interference cannot be prevented at a reasonable cost.

c) Existing or approved commercial communications towers do not have the space on which planned equipment can be placed so it can function effectively and at least in parity with other similar equipment in place or planned.

d) Other reasons make it impractical to place the equipment planned by the applicant on existing and approved commercial communications towers.

(7) Change of Ownership. When the ownership of a commercial communications antenna or commercial communications tower changes, the Town of Bloomsburg shall be notified of such change within 30 days of the change of ownership.

(8) Height Restrictions. No commercial communications tower and antenna combination shall exceed 200 feet measured from ground level at the base of the tower to the top of the tower or antenna, whichever is higher.

(9) Signs. No portion of any commercial communications antenna or commercial communications tower or related structure shall be used for the placement of a sign of other advertising purpose including, but not limited to, company name, telephone numbers, banners, streamers or other forms of advertising.

(10) Painting. Commercial communications towers and commercial communications antennas shall be painted silver or have a galvanized finish to reduce the visual impact.

(11) Site Plan. The application for special exception for a commercial communications antenna or commercial communications tower shall be accompanied by a site plan setting forth the following:

(a) The location of the proposed commercial communications antenna or commercial communications tower.

(b) The dimensions of the parcel of land upon which the commercial communications antenna and commercial communications tower are to be located, showing required setbacks.

(c) The proposed fence and landscaping.

(d) The height of the proposed commercial communications antenna or commercial communications tower.

(12) Colocation.

(a) In order to reduce the number of commercial communications towers in the future, proposed commercial communications towers shall be designed to accommodate other users, including other telecommunications companies and local police, fire and ambulance companies. The application for special exception shall include a plan whereby future users will be granted access to the commercial communications tower and how the future users will be charged for the use of the commercial communications tower.

(b) Any applicant proposing construction of a new commercial communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the commercial communications antenna on an existing building, structure or commercial communications tower. A good faith effort shall require that all owners of potentially suitable structures within a 1/4-mile radius of the proposed commercial communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:

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

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

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

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

5) A commercially reasonable agreement could not be reached with the owners of such structure. Proof of such good faith effort will be submitted in writing with the application.

(c) An applicant for a zoning permit for a commercial communications tower shall:

1) Execute an agreement with the Town, in a form legally sufficient to the Town, requiring the removal of the commercial communications tower within one year after the commercial communications tower ceases to function as such.

2) Agree to erect a commercial communications tower with sufficient capacity to accommodate not less than two commercial communications antennas in addition to their own.

3) Agree to rent or sell such additional capacity to another developer that requires commercial communications antenna space to serve a similar purpose.

4) Agree to submit to binding arbitration and to share the cost of such arbitration equally with the other parties desiring space on the subject commercial communications tower in the event that the developer and the other party do not reach an acceptable settlement within 30 days of notification to the Town; and the commercial communications tower developer shall be responsible for prompt reporting of an offer within five days thereof.

B. Standards Applicable to Commercial Communications Towers.

(1) Setbacks.

(a) A commercial communications tower shall be set back from all property lines the most restrictive of the following: a minimum distance equal to 1/2 its height or a distance equal to the commercial communications tower fall zone.

(b) Commercial communications towers shall not be closer than 500 feet to another commercial communications tower, such distance being measured as a horizontal from tower to tower.

(c) Commercial communications towers shall be subject to a minimum setback from all overhead electric transmission lines of a distance equaling the height of the commercial communications tower.

(2) Fence. The base of a commercial communications tower shall be surrounded by a secure fence with a minimum height of eight feet.

(3) Landscaping. Evergreen plantings shall be required to screen the fence surrounding the commercial communications tower and any other ground level features such as a building or parking area. The evergreen screen shall be a minimum of six feet in height at planting with an exception to grow to a minimum of 15 feet high at maturity.

(4) Parking. A minimum of two off-street parking spaces shall be provided for a commercial communications tower.

(5) Monopole Structure. A commercial communication tower shall be a monopole structure.

(6) ANSI Standards. The commercial communications tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-E manual, as amended.

(7) Soils Report. A soils report complying with the standards of Appendix I, Geotechnical Investigations, ANSI/EIA-222-E manual, as amended, shall be submitted to the Town to document and verify design specifications of the foundation for the commercial communications tower and anchors for the guy wires, if used.

(8) Wind. Commercial communications towers shall be designed to withstand wind gusts of at least 100 miles per hour.

(9) Historic District. A commercial communications tower shall not be located on a lot that is listed on a historic register or in an officially designated state or federal historic district.

C. Standards Applicable to Commercial Communications Antennas.

(1) Conditions on the Location and Placement of Commercial Communications Antennas. Commercial communications antennas may be attached to any nonresidential building or structure that is a permitted use in the district including, but not limited to, a church, a municipal or governmental building or facility, a building owned by a utility or a commercial communications tower. Subdivision and land development review is not required by the Planning Commission or the Town Council for the location of commercial communications antennas on a building. The following conditions shall be met:

(a) No more than one commercial communications antenna may be attached to any nonresidential building as a permitted use. A permit for one commercial communications antenna on one building may be issued by the Zoning Officer after a review of the requirements stated in this section.

(b) The location of two or more commercial communications antennas on any nonresidential building shall be considered a special exception. There shall be a minimum distance equal to the height of the commercial communications antenna located on a nonresidential building and the location of any additional commercial communications antennas.

(c) The location of one or more commercial communications antennas on any nonoccupied structure, such as a commercial communications tower, a water tank or an observation commercial communications tower shall be considered as a principal permitted use. Permit(s) for commercial communications antenna on nonoccupied structures may be issued by the Zoning Officer after a review of the requirements stated in this section. Subdivision and land development review is not required by the Planning Commission or the Town Council for the location of commercial communications antenna on a nonoccupied structure.

(d) Height limits for commercial communications antennas: not to exceed 20 feet above the structure or building on which it is located.

(e) The top point height of any commercial communications antennas located on a commercial communications tower shall not exceed the height requirements for commercial communications towers stated in this section.

(f) Setback. Commercial communications antennas located on buildings and structures shall be required to be set back from all property lines a minimum of the front yard setback requirement of the host district plus the height of the commercial communications antenna.

9. Clubs and Lodges.

A. Private social clubs or lodges shall not be conducted as a commercial business or as a residence and shall be used only by members and their authorized guests.

B. A buffer area and screen planting, as found in Part 5, "Supplemental Regulations," shall be provided adjacent to any property used for residential purposes but such screening shall be located on the same lot as the club or lodge.

10. Concentrated Animal Feeding Operation (CAFO) or Concentrated Animal Operation (CAO). All concentrated animal operations and concentrated animal feeding operations are subject to regulations enforced by the Commonwealth of Pennsylvania, including, but not limited to, authority under the Nutrient and Odor Management Act and the Clean Streams Law, respectively, and its regulatory schemes.[1] Where such uses are permitted as conditional uses, an applicant shall provide proof of compliance with all applicable state law, pending approval by the Council when such proof has been provided.

[1] Editor's Note: See 3 Pa.C.S.A. § 501 et seq., and 35 P.S. § 691.1 et seq., respectively.

11. Congregate Care Campus.

A. The use shall meet any applicable Commonwealth of Pennsylvania and federal codes, including, but not limited to, 6 Pa. Code, Chapter 21.

B. The applicant shall complete a Master Plan, in accordance with the Subdivision and Land Development Ordinance,[2] as part of the application which shall designate the location and types of dwelling units, internal vehicular and pedestrian traffic circulation, site ingress and egress, open space, and stormwater management and/or public infrastructure facilities.

[2] Editor's Note: See Chapter 22, Subdivision and Land Development.

C. Common Open Space. A minimum of 100 square feet of usable outdoor common space shall be provided for each resident present at the facility.

12. Distribution Center.

A. Required Buffer Yards.

(1) Along any boundary line of a residential lot or residential district, a minimum 150-foot buffer yard shall be provided within the subject parcel, measured from the district boundary line or adjacent lot line, which ever may apply.

(a) If a street constitutes the boundary line between districts or lots, the yard shall be measured from the street line.

(b) At least 50 feet of such buffer yard width shall be used only as a planting strip in accordance with § 27-504.

(c) The rest of the buffer yard width may be used for off-street parking or for any purpose other than a building or accessory structure.

(2) Where the footprint of a proposed principal building is greater than 250,000 square feet:

(a) A minimum 250-foot buffer yard shall be provided along the entire length of the street frontage of any property upon which a building is located.

(b) A minimum 250-foot buffer yard shall be provided along any property line which abuts or is within 500 feet of an existing residential property line or zoning district, school, child care center, hospital, place of worship/assembly, or public park.

(3) An earth berm shall be constructed within the required buffer yard along the street frontage and in accordance with § 27-504, Subsection 2.

B. Minimum Planting Requirements. Plantings shall be arranged to provide a complete visual screen of the principal building of at least 14 feet in height (measured in addition to the height of the required earth berm).

C. See § 27-510, Performance Standards.

D. The emissions of dust, dirt, fly ash, fumes, vapors, or gases which can cause any damage to human health, to animals, vegetation, or to property, or which can cause any soiling, or staining of persons or property at any point beyond the lot line of the use creating the emission is prohibited.

E. No loud speakers shall be permitted outside any enclosed structures.

F. No materials or other substances that can contaminate wells, watercourses, or potable water supplies shall be deposited on the site.

G. No warehouse or storage building, or part thereof, may be used for a dwelling purpose at any time.

13. Emergency Vehicle Facility.

A. Such facilities shall be limited to the storage of vehicles and shall not include the service, repair, or maintenance of vehicles.

B. Such facilities may be permitted as an integral part of a health care facility/hospital or as a separate structure placed in accordance with setbacks as provided above.

14. Group Care Facility.

A. Such uses shall be licensed or meet all requirements of licensing or certification by the appropriate departments and/or agencies of the Commonwealth of Pennsylvania. Said license and/or proof of all approved required documentation shall be submitted prior to commencement of use.

B. No such uses shall be located within 500 feet of any school, playground, residential dwelling, childcare facility or house of worship unless permitted by a majority vote of Town Council. At least 14 days prior to this vote, one or more public hearings regarding the proposed facility location shall be held at a location within the Town following public notice and written notice to all owners of real property located within 500 feet of the proposed location at least 30 days prior to said public hearings.

C. For purposes of determining required off-street parking, such facilities shall be classified as "medical clinics."

D. One sign, a maximum of two square feet, is permitted.

E. Such uses shall be manned during all hours of operation by personnel with credentials as required by the Pennsylvania Department of Health.

F. (Reserved)

G. The Zoning Officer shall have the authority to continue the conditional use as long as proofs of required annual licensing and certification are provided to the Town when such documentation is received by the provider.

15. Group Residential.

A. Such use shall provide bedroom area for each bedroom that is a minimum of 70 square feet per person.

B. Buildings or structures hereafter converted or erected for such use are subject to all applicable regulations for the district in which the facility is to be located.

16. Halfway House for Persons on Parole or Probation.

A. Regulatory and Operational Standards:

(1) A halfway house for persons on parole or probation shall be classified and permitted as a special exception use within the MX-3 District.

(2) Maximum Number Residents. The maximum number of residents shall be based on the lesser number of 120 square feet per bedroom based upon single room occupancy provided upon the required floor plan of the facility or five residents.

(3) A halfway house for persons on parole or probation shall be licensed, where required, by an appropriate government agency and shall be in compliance with all applicable rules and regulations of the licensing body. A copy of any required license must be provided to the Zoning Officer prior to commencement of the use.

(4) A halfway house for persons on parole or probation shall provide a narrative that fully describes all management plans and services for daily operations to be provided within the facility. Such information also must address:

(a) The composition of the halfway house.

(b) Policies and goals and the means to accomplish those goals.

(c) The characteristics of the residents and the number of residents to be served.

(d) Operating methods and procedures.

(e) Any other relevant facts to its proposed operation.

(5) A halfway house for persons on parole or probation shall provide a complete list of the type of crimes and/or circumstances which would render the exclusion of a person from residency within the facility.

(6) A halfway house for persons on parole or probation shall provide a floor plan of the facility showing the use of all areas within the facility, with the dimensions and square feet of each room therein and its intended purpose and use.

(7) A halfway house for persons on parole or probation shall provide, in writing, the rules and regulations applicable for all residents to maintain residency within the facility.

(8) A halfway house for persons on parole or probation shall provide, in writing, its regulations regarding a curfew for residents and permission requirements for leaving the facility for other purposes, including, but not limited to, activities such as work, school, off-site counseling services, volunteer services, medical appointments or religious services.

(9) If a halfway house for persons on parole or probation is not run and/or operated by a governmental agency, the contract of the entity doing so must be submitted, along with an historical profile on its experience and references to all other locations where it operates a facility such as a halfway house for persons on parole or probation.

(10) A halfway house for persons on parole or probation shall maintain a current list of residents and provide the names, addresses and contact information for their respective parole officers or probation officers who have supervision over persons that will be residing in the facility.

(11) Any approval granted for a halfway house for persons on parole or probation shall be bound to the type and number of persons listed on the application. Any increase in the type or number of offenders being housed shall require a new hearing before the Zoning Hearing Board.

(12) A halfway house for persons on parole or probation shall not provide any on-site supportive services related to counseling for substance abuse disorders, emotional disorders or behavioral disorders.

(13) A halfway house for persons on parole or probation shall provide a minimum of one staff member on site at the facility on a twenty-four-hour basis. In addition, the facility shall provide, within the required narrative under Subsection 16A(4), the maximum number of persons employed by the facility.

B. Design Features.

(1) Lighting shall be sufficient to provide illumination and clear visibility to all outdoor areas, with minimal shadows or light leaving the property. Lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible/comparable with the neighborhood.

(2) Off-street parking shall be provided at a ratio of one vehicle parking space per each employee assigned to work at the facility, including those via contracted services, plus one vehicle parking space for every resident of the facility based upon the maximum number of persons approved to reside at the facility. Off-street parking shall be subject to all other applicable provisions within the Town of Bloomsburg Zoning Ordinance governing off-street parking.

(3) A halfway house for persons on parole or probation shall not be located less than 1,000 feet from:

(a) Any other halfway house for persons on parole or probation.

(b) A school, primary or secondary, post-secondary.

(c) A day care facility.

(d) A playground.

(e) A public recreational facility.

(f) A place of worship/assembly.

(4) If a halfway house for persons on parole or probation is located within 250 feet of a residential zoning district, all outdoor activity and/or seating areas shall be screened from public view and from the view of adjacent properties.

17. Heliport. Heliport uses shall comply with all design, installation, operations and maintenance standards applicable to private heliports as set forth in the Pennsylvania Aviation Administration Code,[3] regulations promulgated by the Pennsylvania Department of Transportation, the United States Code, the Federal Aviation Administration and the United States Department of Transportation.

[3] Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.

18. Home Occupation.

A. A home occupation shall be an incidental use of a dwelling unit or of a building or other structure accessory to a dwelling unit and shall be conducted by a person or persons residing in the dwelling unit and not more than one nonresident employee working on the premises. Not more than 25% of the building floor area (including the floor areas of both the principal and accessory structures) shall be used for the home occupation.

B. The exterior appearance of the structure or premises shall be maintained in its residential character with the home occupation conducted entirely within the enclosed structure and with no goods publicly displayed on the premises other than a sign indicating the presence of the home occupation. The home occupation shall not involve display windows, the storage or sale of articles not produced on the premises, frequent truck deliveries or the production of offensive noise, smoke, vibration, dust, odors, heat or glare.

C. Off-street parking requirements for both dwelling and home occupation uses shall be fulfilled in accordance with the regulations of Part 5, Supplemental Regulations.

D. Home occupations may include an office or studio of a physician, dentist, artist, photographer, architect, engineer, accountant, surveyor, lawyer, realtor, insurance salesperson or member of some similar recognized profession. This list is not all-inclusive but is intended to serve as a guide.

E. Home occupations may also include beauty and barber shops, dressmaking and tailoring shops, appliance and lawnmower repair and tutoring and music instruction for not more than two students at a time, but shall not include, animal hospitals, commercial kennels or stables, funeral homes, clothing shops, restaurants, dance studios, business schools or automobile repair service. This list is not all-inclusive but is intended to serve as a guide.

F. Signage in R-C, R-S, and R-U. In addition to the permitted and exempt signs within Group 1 (see §§ 27-704 and 27-706), a wall sign measuring no larger than 1.5 square feet in sign area and mounted on the principal structure of the lot shall be permitted. No more than one building sign shall be permitted on the principal structure.

19. Homeless Shelter.

A. Regulatory and Operational Standards.

(1) Purpose. It is the intent of this subsection to provide for development, operational and design standards for a homeless shelter. In the event of a conflict between the regulations and standards of the homeless shelter and those applicable to the zoning district in which it is located, the more stringent shall apply.

(2) Community Need Standards. Any application for a homeless shelter must demonstrate that the shelter is needed to take care of the homeless needs that exist within the greater Bloomsburg area, which is intended to generally include Columbia County and Montour County.

(3) The operator of any homeless shelter shall have an operational HMIS or equivalent in effect.

(4) Maximum Number of Beds. The maximum number of beds shall be based on the lesser number of one bed per 200 square feet of area in which sleeping accommodations are provided based upon the required floor plan of the facility or 20 beds.

(5) A homeless shelter shall be designed and operated in compliance with all applicable federal and state standards and regulatory provisions, including, but not limited to, the Pennsylvania Uniform Construction Code.

(6) A homeless shelter shall provide a floor plan of the facility showing all areas used as part of the homeless shelter, with the dimensions and square feet of each room therein and its intended purpose and use. The intake process for residents shall be handled from an internal office within the homeless shelter.

(7) On-Site Management Plan. The applicant shall provide an on-site management plan for a homeless shelter, which shall include, but not necessarily be limited to, the following items. All responses to the following information shall be in writing:

(a) A reasonable criminal background check on potential residents shall be undertaken by the provider. The provider shall provide a clear policy and regulations on the basis of background information utilized by the provider for the exclusion of anyone seeking admittance to the facility. Actions warranting exclusion shall include, at a minimum, persons having an outstanding arrest warrant, persons registered under Megan's Law, or persons under the influence of alcohol or illegal drugs. Such a policy shall be based upon protecting the health, safety and welfare of the general public and other residents within the facility.

(b) A plan that provides for safety and security measures, including emergency operations. Such a plan shall identify persons responsible for implementation of stated measures and/or operations.

(c) A plan that fully describes all services to be provided within the facility.

(d) A resident identification processes. This process shall include verification of proof of a person's last place of residence within the greater Bloomsburg area as identified above in Subsection 19A(2).

(e) Controls for resident behavior and noise levels. Such controls shall ensure that loitering does not occur on the property during off-hours and/or otherwise create a nuisance to the neighborhood.

(f) Regulatory provisions applicable to all residents staying at the facility, including, but not limited to, policies and standards governing expulsions of a person and/or family.

(g) Process for resolving neighborhood concerns.

(h) Staffing levels during hours of operation.

(i) Proof of insurance and amount of coverage.

(8) A homeless shelter shall provide a minimum of one supervisory-level staff member for every 20 residents present on the site during hours of operation.

(9) Facilities shall be subject to inspection as determined necessary by the Town of Bloomsburg.

B. Design Features.

(1) Lighting shall be sufficient to provide illumination and clear visibility to all outdoor areas, with minimal shadows or light leaving the property. Lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible/comparable with the neighborhood.

(2) See § 27-511, Off-Street Parking and Loading.

(3) A homeless shelter shall be situated no less than 1,000 feet from any other homeless shelter.

(4) If a homeless shelter is located within 250 feet of a residential zoning district, all outdoor activity shall be screened from public view and from the view of adjacent properties.

(5) A homeless shelter shall have set hours of operation, and the hours shall be posted in a publicly visible and accessible location at the shelter.

(6) A homeless shelter shall not create unsanitary or harmful conditions by reason of noise, glare, dust, sewage disposal, emissions to the air, odor, lighting, or litter, nor shall its operation have a substantially greater effect/impact on surrounding properties than those associated with surrounding uses or other allowable uses in the zone.

(7) Limited incidental on-site services provided to residents within a homeless shelter may include referrals to additional off-site support agencies for the purpose of finding employment and/or permanent housing but shall not include any type of on-site substance abuse counseling and/or treatment.

20. Hotel.

A. Public water and public sewer shall be provided to serve the site.

B. A site development plan shall be submitted in which existing natural vegetation is preserved to the greatest extent feasible.

21. Manufacturing, Heavy.

A. Per every 40 lineal feet of perimeter, a buffer strip shall contain a combination of one deciduous tree having a caliper of not less than three inches and a height of 10 feet at the time of planting and two evergreen trees having a height of not less than six feet at time of planting, plus five shrubs, per 40 lineal feet of perimeter. Trees and shrubs shall be planted within the buffer strip to include staggered placement and/or clustering.

B. Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced.

C. As part of all land development or conversion of an existing building, the landowner and/or developer shall provide a plan for photometrics of the lot.

D. All materials and equipment shall be stored within a completely enclosed building.

E. Hours of operation and activities, including for truck deliveries, must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

F. An inventory and Material Safety Data Sheets (MSDS) of toxic, corrosive, flammable, carcinogenic or explosive materials, chemical, liquids, gases or solids stored and/or used on site shall be available upon request.

G. There shall be no light spillover, glare, or vehicular idling permitted.

22. Mobilehome Park.

A. A mobile home park shall have an area of at least two acres with a minimum width of not less than 200 feet. Its site location and layout shall conform to the requirements of the Subdivision and Land Development Ordinance.[4]

[4] Editor's Note: See Chapter 22, Subdivision and Land Development.

B. Buffer areas around the park shall be a minimum of 10 feet in depth as measured at right angles to the tract boundary lines. This space shall be used for no other purpose but landscaping, except where roads cross it and evergreen trees at least three feet in height at the time of planting shall be placed no less than 15 feet apart in this space.

C. No more than 50% of the mobile home park tract shall be covered with buildings and at least 5% of the total area shall be developed for recreation use according to the specifications of the Subdivision and Land Development Ordinance.

D. Mobile home park design and improvements shall also include refuse storage facilities as well as sewerage, water and other utilities, as provided for in the Subdivision and Land Development Ordinance.

E. A mobile home lot shall contain no more than one mobile home, including its extensions and additions, and shall have access to a street in the park. Each lot shall have a minimum area of 4,000 square feet and a minimum width of 40 feet. The minimum front, side and rear yards shall be 10 feet each. No more than 30% of any lot shall be covered with structures.

F. Each mobile home lot shall be improved with a stand or pad, outdoor patio, anchoring facilities and paved parking areas according to the specifications of the Subdivision and Land Development Ordinance.

G. The maximum height of any building in the park shall be 15 feet.

H. All mobile homes shall be provided with foundation skirting of a material compatible with the outer finish of the home. Such skirting shall be anchored at both the floor level of the home and the ground level, with no appreciable gap at the ground level. All skirting shall be maintained in good condition.

I. See § 27-511, Off-Street Parking and Loading.

23. Mortuary.

A. Mortuaries, crematories and undertaking establishments shall have a minimum lot area of 30,000 square feet and shall accommodate all of the parking and loading requirements as found in Part 5, Supplemental Regulations."

B. Sufficient area shall be provided for vehicular circulation on the premises and for the assembly area for the procession beyond the street right-of-way line.

C. Loading and unloading areas for ambulances and hearses shall be screened from view of adjacent properties by a solid wall or solid fence or dense foliage at least six feet in height. Outside lights shall be directed away from adjacent activities.

24. Motel, Motor or Tourist Court.

A. Public water and public sewer shall be provided to serve the site.

B. A site development plan shall be submitted in which existing natural vegetation is preserved to the greatest extent feasible.

25. Municipal Use, Non-Utility. The minimum size of the tract for any such building shall be 40,000 square feet. A buffer area and screen planting, as found in Part 5, Supplemental Regulations, shall be provided adjacent to any property used for residential purposes but such buffer area shall be on the same lot as the municipal building.

26. Natural Resource Production.

A. The lot or tract on which the use is located shall be no less than 10 acres in size with a width of no less than 200 feet.

B. The minimum front, side, and rear setbacks shall be 100 feet in depth as measured from the street line, from the side or rear district lines, from a property line of any adjacent property in the same ownership but different use or in different ownership but the same use. All yard areas shall also serve as buffer areas landscaped in trees or shrubbery and with no parking of vehicles or storage of equipment and supplies allowed.

C. The maximum height of any building shall be 40 feet or three stories, whichever is less, with exceptions for chimneys, conveyors, crushers and other structures which are not buildings. No more than 10% of the tract shall be covered with buildings, whether principal or accessory.

D. All activities and uses shall comply with performance standards governing odors, fumes, dust, smoke, vibration, noise, soil erosion and sedimentation and any other side effect of the natural resource operation deemed injurious to the public health, safety and welfare by such agencies as the U.S. Environmental Protection Agency (EPA), the U.S. Soil Conservation Service (SCS), the Pennsylvania Department of Environmental Protection (DEP) and the Pennsylvania Department of Labor and Industry (DL&I).

E. Any natural resource operation involving mining, quarrying, drilling or excavating shall be required to provide a six-foot fence completely enclosing that activity on the property. Such a fence shall be so constructed as to have openings no larger than six inches and, if pickets are used, the openings shall not exceed six inches. Multi-flora rose plantings may be used as fencing and, when used, the original plants shall be at least 18 inches high and shall be placed in a double-staggered row three on centers between plants.

F. No mining, excavating, drilling, lumbering, bottling or processing operations of any sort shall be allowed earlier than 7:00 a.m. or later than 7:00 p.m. during each day of the week except Sunday, when no such activities shall be permitted.

G. Verification of bonding and insurance, if required by the Pennsylvania Department of Environmental Protection (DEP) or some other agency, shall be supplied to Town Council upon request.

27. Nursing Home.

A. No building or structure shall be located within 100 feet of a property line or street.

B. Screening shall be provided when the development abuts either of the following:

(1) A residential zoning district.

(2) An existing residential use which is permitted by right in its zoning district.

28. Parking Lot.

A. The following provisions shall apply to parking lots as a principal use on a lot. See § 27-511 for off-street parking and loading requirements for specific land uses.

B. Design and Layout. Parking lots of 10 or more parking spaces shall utilize a minimum of 10% of the total area for pedestrian walkways. These elements shall be used to create buffers, setbacks and other separations will mitigate the paved area. Natural features, such as trees and shrubbery, shall be a component of this design plan. The plan shall be submitted to the Zoning Officer prior to the start of construction.

C. Lighting. A plan for lighting shall be submitted with the site plan. It shall include provision for general overhead lighting of the total area as well as appropriate small-scale lighting devices to highlight walkways and other design elements.

D. Corner Lots. When an off-street parking lot is located at an intersection of two streets, two alleys, or a street and an alley, a buffer shall be created either at the side or front of the lot. The buffer shall be a minimum of four feet in depth and shall be planted with grass and/or appropriate shrubs. A barrier shall be installed to prevent vehicle access to the buffer area.

E. Landscaping. Parking lots shall be landscaped to minimize the intrusive impact of the lot upon the property; the type of landscape materials shall be at the discretion of the owner, but shall, as a minimum, consist of grass and/or shrubs at the sides and front of the lot. Where the parking lot or area abuts an adjoining property, a four-foot-deep landscaped buffer shall be created.

F. All off-street parking space, including access drives and aisles, shall be paved with pervious material such as brick, stone, crushed gravel, non-grade, shale or other comparable material. In those instances where impervious surfaces are used, proper drainage shall be incorporated into the design in such fashion so as not to increase water runoff onto adjoining properties.

29. Parking Structure.

A. No parking structure shall exceed 65 feet in height, and such structures shall be designed to minimize visual impact of the structure from selected areas within the Town. Any parking structure exceeding 50 feet in height shall provide a visual analysis of the structure as intended to be constructed. The visual analysis shall include a computerized photographic simulation demonstrating the visual impacts from nearby strategic vantage points selected by the Zoning Hearing Board. Based upon the intent to minimize visual impact of the structure to the greatest extent possible, a decor or similar architectural feature to screen parking on the uppermost floor from public viewing areas may be required.

B. A parking structure shall have a front yard setback distance of not less than five feet and a side and rear yard setback of not less than eight feet. The aforementioned setback distances shall not apply when an existing on-grade lot is being converted into a parking structure for those sections of the facility which do not border a public right-of-way and have existing spaces that do not conform to the setback distances.

C. Included within the required rear yard and side yard setback, there shall be a landscaped planting strip at least four feet wide, planted with shrubs or trees not less than three feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least four feet high within three years.

30. Partial Hospitalization Substance Abuse Treatment Facility. See "Substance Abuse Treatment Facility" in this section.

31. Place of Worship/Place of Assembly.

A. Dimensional Requirements.

(1) In R-C and R-S Districts.

(a) Minimum Lot Area. Two acres.

(b) Minimum Lot Width. Two hundred feet.

(c) Side Yard Setback. Fifty feet on each side.

(d) All off-street parking areas shall be set back at least 25 feet from the street right-of-way line.

B. All other base zoning districts, see dimensional requirements in the respective permitted zoning district.

32. Public Transportation Terminal. Public transportation terminals shall be provided with off-street loading and unloading space for passengers and cargo, with shelter from inclement weather for passengers and cargo and with access, circulation and parking areas on the site for buses, taxis and vehicles of patrons, visitors and employees.

33. Self-Service Storage Facility.

A. All storage units shall be water-resistant and meet Town building codes.

B. Outdoor storage shall be limited to recreational vehicles, campers and boats on trailers parked on paved areas. All such items stored out of doors must be licensed and inspected (if applicable).

C. Trash, garbage, refuse, explosive or flammable materials, hazardous substances, animal, animal carcasses or skins, or similar items shall not be stored, except for garbage that is generated on site.

D. No items or vehicles shall be stored in interior traffic aisles, off-street parking areas, loading areas or driveway areas.

E. Commercial repairing of boats, vehicles, trailers, lawn mowers or any similar equipment shall not be permitted, unless such use is also permitted.

F. Adequate lighting shall be provided to illuminate the area but directed away or shielded to direct light away from adjacent uses. Such lighting shall meet any other applicable provisions in the Town Code.

G. All outdoor storage areas shall be adequately screened from view from arterial streets, collector streets and residential lot lines. Such lighting shall meet the provisions any other applicable provisions in the Town Code.

H. The use may include a single-family dwelling unit for the housing of an operator/caretaker and his/her family.

34. Sexually Oriented Uses.

A. Purpose. The purpose of these provisions is to provide for establishments for sexually oriented uses, as so defined, in an appropriate environment which prevents the deleterious blighting or downgrading effects which a concentration of such uses or the inappropriate placement of such uses may have upon surrounding neighborhoods.

B. Use Regulations. The principal permitted uses shall be sexually oriented uses as defined.

C. Dimensional Regulations. All dimensional requirements shall conform with those applicable to the MX-2 Mixed Use 2 District.

D. Development Regulations. Sexually oriented uses as so defined by this Chapter, shall be subject to the following development regulations:

(1) Site Location. Sexually oriented uses shall be located only in the MX-2 Mixed Use 2 District. The proposed location of any such a use shall be not less than 500 linear feet as measured to the nearest property line of another sexually oriented use, a residential district, a church and/or related religious institution, a school and/or a playground.

35. Shopping Centers.

A. Purpose. The purpose of these requirements are to provide for new or expanded community shopping and office centers, designed as single entities, with building space for lease or sale, to meet the community needs for goods and services as well as those of a social, cultural and civic nature.

B. Use Regulations. The principal permitted uses, accessory uses and special exception uses shall be the same as those permitted in the MX-2 District.

C. Dimensional Regulations.

(1) Minimum Tract Area. A shopping center shall have an area of at least three acres.

(2) Minimum Tract Width. A shopping center shall have a minimum width of 300 feet.

(3) Front Yard. The minimum front yard shall be 100 feet as measured from the street right-of-way line.

(4) Side Yards. The minimum side yard for the tract shall be 50 feet for each side.

(5) Rear Yard. The minimum rear yard for the tract shall be 50 feet as measured from the rear property line.

(6) Tract Coverage. Not more than 25% of the area of the community shopping center tract shall be covered by buildings.

(7) Building Height. Height regulations for the Highway Commercial (H-C) District shall apply.

D. Supplementary Regulations. (See Part 5, Supplemental Regulations.)

E. Development Regulations. A shopping center shall also be subject to the following development regulations:

(1) Comprehensive Plan. A proposed shopping center shall be consistent with the Town of Bloomsburg Comprehensive Plan.

(2) Arrangement of Buildings. The community shopping center shall be designed as a unit with a harmonious arrangement of building groups, open space, pedestrian and vehicular circulation and parking areas so as to make a safe, convenient, aesthetically pleasing and functionally efficient shopping area.

(3) Buffer Area. A community shopping center shall have a buffer area along all boundary lines. Such buffer shall be located within the shopping center tract, may include side and rear yard setbacks, and shall be used for no other purpose than landscaping and access roads. The buffer shall consist of trees, shrubbery, flowers, grass and other foliage in an area having a depth of not less than 25 feet. Such buffer shall be maintained in good condition, free of paper and rubbish, and free from all advertising and other signs. In addition, shopping center lighting shall be directed away from abutting properties.

(4) Water and Sewerage Systems. All buildings within the shopping center shall be served by public water and sewerage.

(5) Ingress and Egress. Road access to public streets from a community shopping center shall be located no less than 250 feet from any public street intersection. Points of ingress and egress shall be designed so that undue congestion to or interference with normal traffic flow within the Town shall be avoided. Not more than two points of ingress and egress shall be allowed on any abutting street.

(6) Pedestrian and Vehicular Circulation. Adequate provision shall be made for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of the shopping center.

(7) Off-Street Parking and Loading. The requirements for off-street parking and loading, as described in Part 5, Supplemental Regulations, shall be met. In addition, off-street parking and loading spaces shall be provided as an integral part of the shopping center site; be physically separated from public streets; be paved with a bituminous or concrete material; and be physically separated into sections by traffic islands or other approved means to provide for a safe, convenient and functionally efficient shopping area. Off-street parking and loading areas shall be lighted so that no part of such areas is in total darkness during nighttime use.

(8) Drainage. Storm drainage from roofs and paved areas shall be channeled to natural drainage courses and away from adjoining properties. All areas not containing buildings or paved areas for necessary parking and circulation shall be maintained in trees, shrubbery and grass for absorption of water runoff and hence for flood protection.

(9) Utilities. All utilities serving the community shopping center shall be placed at least four feet underground.

(10) Other Development Regulations. If the community shopping center involves the development of a group of two or more buildings, or otherwise complies with the definition of land development in this Chapter, it shall also be subject to the regulations of the Subdivision and Land Development Ordinance [Chapter 22] of the Town of Bloomsburg.

36. Short-Term Rental.

A. Short-term rentals are subject to registration and licensure in authorized districts with the Town of Bloomsburg. Owners shall be responsible for keeping occupancy and transaction records and providing said records to the Town of Bloomsburg upon request.

B. If applicable, the applicant shall identify to the Zoning Officer the method in which the short-term rental is advertised.

C. An applicant shall identify the maximum number of overnight guests allowed at one time, subject to review by the Zoning Officer:

(1) The maximum number of overnight guests shall not exceed the maximum permitted density of the existing land use before a short-term rental zoning permit was submitted; or

(2) The maximum number of overnight guests shall not exceed the maximum permitted density of the zoning district; or

(3) No more than two overnight guests per bedroom; or

(4) No more than two overnight guests per bedroom, unless otherwise approved by the Zoning Officer, pursuant to evidence provided by the applicant identifying overnight accommodation provided in other areas of the building.

D. All activity at the short-term rental shall be subject to enforcement of the Town's noise-, nuisance- and property maintenance-related ordinances.

E. See off-street parking requirements in § 27-511.

37. Student Housing.

A. Purpose. The purpose of this use is to provide for student housing facilities that are designed and located in an appropriate manner to enhance the residential neighborhoods in which this housing is located.

B. Use Regulations. Student housing shall meet the following regulations in addition to those of the underlying zoning district:

(1) The principal permitted use shall be student housing.

(2) No more than one principal structure shall be permitted on a lot.

(3) In the MX-1 District, student housing shall only be permitted above the ground floor of a mixed-use building.

C. Dimensional Regulations.

(1) Lot Size. The minimum lot size shall be 7,000 square feet.

(2) Lot Coverage.

(a) The maximum impervious surface coverage shall be 70%.

(b) The maximum building coverage shall be 40%.

(3) Habitable Floor Area. Refer to the International Property Maintenance Code, currently enforced by the Town of Bloomsburg.

(4) Yards.

(a) Minimum front setback: 10 feet.

(b) Maximum front setback: 20 feet.

(c) Minimum side setback: five feet.

(d) Minimum rear setback: 15 feet.

(5) Building Height. The maximum height shall be three stories or 35 feet.

(6) Performance Standards.

(a) All residential construction shall substantially conform in street orientation and massing to adjacent structures.

(b) Student housing shall be clad in wood siding, vinyl siding, composite siding (cement board), stone, or brick.

(c) Principal building roofs should have a pitch that substantially conforms to the roof pitches of adjacent homes.

(d) Garden and retaining walls shall be constructed from block of the ornamental variety designed for use in landscaping projects. Walls over 48 inches shall be constructed in accordance with ordinances and/or codes adopted and enforce by the Town and also be designed by a registered architect or a professional engineer, licensed to operate in the State of Pennsylvania, and submitted to the Town for review and approval.

(e) Separation Between Student Housing. Each lot/parcel containing a building used for student housing shall be separated from any other lot/parcel containing a building used for student housing by a minimum of 350 feet, measured from lot line to lot line, in accordance with the most recent tax maps on file or electronic media available at the business offices of the Town of Bloomsburg. Any dispute to the accuracy of the Code Enforcement Office, while interpreting this section, may be resolved with the filer providing documentation to the contrary which has been prepared by a surveyor licensed by the State of Pennsylvania.

(7) Landscaping Criteria.

(a) Development without parking between the building line and street or alley. If there is no parking anywhere between the established building line, projected from the corner of the building to property lines:

1) A four-foot perimeter buffer shall be provided along the side yards and rear yards of the property. The buffer shall contain at least one two-inch-caliper tree every 20 feet, four feet in from the property line, and at least three shrubs of at least three gallons in size clustered between each two trees.

2) If the proposed parking lot contains 20 stalls or more, an additional 5% of the parking lot area shall be reserved for interior landscaping. Planting beds running adjacent to and parallel with the building, perimeter landscaping and buffer requirements shall not count towards this requirement.

3) Parking shall not be permitted within the buffer.

(b) Development with parking located between the building line and street or alley. If any parking is located between the street or alley and the building line, the following shall apply:

1) A ten-foot-wide buffer shall be provided for the length of any parking area abutting the street or alley. The buffer area shall contain at least one two-inch-caliper tree for every 20 feet and at least three shrubs of at least three gallons in size clustered between each two trees.

2) A six-foot side and rear yard buffer shall be provided. The buffer shall contain at least one two-inch-caliper tree spaced every 20 feet and three shrubs of at least three gallons in size clustered between each two trees.

(8) Site Element Areas. Areas for parking, recreation, service, utility equipment, waste receptacles, dumpsters and/or other elements which, because of their appearance, odor and/or noise, would be offensive to those occupying the lot or adjoining lots or those on the street shall be screened, landscaped or otherwise treated to eliminate the offensive condition.

(9) All other aspects of this Chapter (the Zoning Ordinance) and Chapter 22 (the Subdivision and Land Development Ordinance), as applicable.

38. Substance Abuse Detoxification Treatment Facility. See "Substance Abuse Treatment Facility"

39. Substance Abuse Treatment Facility.

A. Regulatory and Operational Standards.

(1) Maximum Number of Beds. The maximum number of beds within any type of substance abuse treatment facility which allows overnight stay of patients shall be based upon the applicable regulations of the Pennsylvania Department of Drug and Alcohol Programs or such other agency or body designated by the Commonwealth of Pennsylvania having jurisdiction thereof, but in no case shall such a facility be designed and/or used to accommodate more than 20 overnight patients.

(2) Any type of substance abuse treatment facility shall provide a narrative that fully describes all services to be provided within the facility.

(3) Any type of substance abuse treatment facility shall provide a floor plan of the facility showing the use of all areas within the facility, with the dimensions and square feet of each room therein and its intended purpose and use.

(4) Any type of substance abuse treatment facility shall provide its intended hours of operation.

(5) Any type of substance abuse treatment facility shall provide a copy of its on-site management plan, or its equivalent, as required by the Pennsylvania Department of Drug and Alcohol Programs or such other agency or body designated by the Commonwealth of Pennsylvania having jurisdiction thereof, which includes emergency operations and persons responsible for implementation of stated measures and/or operations.

(6) Any type of substance abuse treatment facility shall provide the maximum number of employees employed by the facility, including those indirectly employed under contracted services.

(7) Design Features.

(a) Lighting shall be sufficient to provide illumination and clear visibility to all outdoor areas, with minimal shadows or light leaving the property. Lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible/comparable with the neighborhood.

(b) See § 27-511, Off-Street Parking and Loading.

(c) A substance abuse treatment facility shall not be located less than 1,000 feet from any other substance abuse treatment facility.

(d) If a substance abuse treatment facility is located within 250 feet of a residential zoning district, all outdoor activity and/or seating areas shall be screened from public view and from the view of adjacent properties.

40. Truck Terminal. See requirements for "Distribution Center."

41. Warehouse. See requirements for "Distribution Center."