A.
Permitted (P) land uses. A use listed in § 450-404 is permitted by right in any district under which it is noted by the letter "P," subject to all listed conditions in § 450-405 and other applicable requirements of this chapter and subject to the issuance of a zoning permit in accordance with Article X.
B.
Special exceptions(s). A use listed in § 450-404 may be permitted as a special exception in any district noted by the letter "S," provided the Zoning Hearing Board authorizes the issuance of a zoning permit by the Zoning Officer, subject to the requirements of §§ 450-405 and 450-1103, the other applicable requirements of this chapter, and to such further restrictions that the Zoning Hearing Board may establish.
C.
Conditional (C) land uses. A use listed in § 450-404 may permitted as a conditional use in any district noted by the letter "C," provided Borough Council, subsequent to review by the Planning Commission and subject to the requirements of §§ 450-405 and 450-1011, and the other applicable requirements of this chapter, authorizes the issuance of a zoning permit in accordance with Article X.
All land use shall be subject to the provisions regulating to lot size, yard size, lot width, building area, off-street parking and loading, and the other provisions contained in other articles of this chapter. The laws and regulations of the Commonwealth of Pennsylvania and the Bucks County Department of Health regarding water supply and waste disposal shall be adhered to.
No temporary structure shall be erected or moved onto a lot and used for any purposes unless authorized by the issuance of a zoning permit. Such permit shall clearly set forth that the structure proposed is intended for temporary purposes and that the authorized structure is to be vacated upon the expiration of a specific time limit. The life of the initial permit shall not exceed one year, renewable for periods of three months not to exceed a period of two years. Prior to receipt of the zoning permit, the applicant shall certify that he has knowledge of the terms of the permit and the penalty that can be invoked for violation. Temporary buildings or uses requiring a zoning permit shall include, but not be limited to, construction trailer or office, tents over 1,000 square feet, circuses, and carnivals.
[Amended 1-13-1999 by Ord. No. 99-2; 2-8-2017 by Ord. No. 2017-02; 2-8-2017 by Ord. No. 2017-03; 3-8-2017 by Ord. No. 2017-04; 10-9-2024 by Ord. No. 2024-01A; 10-9-2024 by Ord. No. 2024-01B]
The following table identifies the land uses which are permitted, not permitted, permitted by special exception or permitted as conditional in each of the 11 zoning districts of the Borough of Langhorne. Each of the listed land uses is defined and further qualified in § 450-405.
Table of Land Use Regulations | |||||||||
|---|---|---|---|---|---|---|---|---|---|
§ | Use | Zoning Districts1 | |||||||
R-1 | R-2 | PS | C | C-1 | LI | RC | OR | ||
§ 450-405A | A agricultural land uses | P | P | S | S | S | S | S | P |
§ 450-405B | B residential uses | ||||||||
B1 single-family detached | P | P | P | P | N | N | P | N | |
B2 duplex | N | N | N | C | N | N | N | N | |
B3 single-family cluster | N | P | N | N | N | N | N | N | |
B4 performance standard development | N | P | N | N | N | N | N | N | |
B5 rooming house, boarding home, lodge | N | N | N | P | N | N | N | N | |
B6 apartments and residential conversion to apts | S | S | N | S | N | N | N | N | |
B7 dwelling in combination | N | N | S | P | N | N | N | N | |
B8 mobile home | N | P | N | N | N | C | N | N | |
B9 care facility, group | P | P | P | C | N | N | P | N | |
B10 preservation development | N | C | N | N | N | C | N | N | |
B11 townhouses | N | N | N | N | N | N | N | N | |
B12 twins | N | P | N | C | N | N | N | N | |
B15 care facility, recovery house | S | S | P | P | N | N | N | N | |
§ 450-405C | C institutional, recreational, education | ||||||||
C1 religious use | N | P | P | P | N | N | N | N | |
C2 school | N | N | P | P | N | N | N | N | |
C3 cultural facility | N | S | P | P | N | N | N | C | |
C4 community center, adult education, auditorium | N | S | P | P | N | N | N | C | |
C5 nursery school | N | N | P | P | N | N | N | N | |
C6 recreation, public | N | P | P | P | N | N | N | P | |
C7 recreation, private | N | N | P | P | N | N | N | C | |
C8 private club or lodge | N | N | P | P | N | N | N | N | |
C9 care facility, dependent | N | N | P | S | N | N | C | N | |
C10 country club/golf course | P | N | N | N | N | N | N | P | |
C11 medical center | N | N | P | P | N | N | P | N | |
C12 academic clinical research centers | N | N | S | S | N | C | N | N | |
C13 medical marijuana grower/processors | N | N | S | S | N | C | N | N | |
C14 medical marijuana transport vehicle offices | N | N | S | S | N | C | N | N | |
C15 medical marijuana dispensaries | N | N | S | S | N | C | N | N | |
§ 450-405D | D business and office uses | ||||||||
D1 professional service | N | N | P | P | N | N | N | N | |
D2 business service, private | N | N | P | P | P | N | N | N | |
D3 business service, gov't | N | N | S | P | N | N | N | N | |
D4 veterinary office | N | N | N | S | S | N | N | N | |
D5 trade or prof. School, music or dancing school | N | N | S | P | C | N | N | N | |
§ 450-405E | E retail and consumer service | ||||||||
E1 retail shop | N | N | N | P | C | N | N | N | |
E2 bulk commercial | N | N | N | C | C | C | N | N | |
E3 personal service | N | N | N | P | P | N | N | N | |
E4 repair service | N | N | N | P | P | N | N | N | |
E5 restaurant, sit down | N | N | C | P | P | N | N | N | |
E6 restaurant, quick service | N | N | N | N | C | N | N | N | |
E7 tavern | N | N | N | P | N | N | N | N | |
E8 mortuary or funeral home | N | P | P | P | N | N | N | N | |
E9 public entertainment | N | N | N | P | N | N | N | N | |
E10 motel/hotel/tourist home | N | N | C | P | N | N | N | N | |
E11 shopping center | N | N | N | P | N | N | N | N | |
E12 bed-and-breakfast inn | S | P | P | P | N | N | N | N | |
E13 obscene business | N | N | N | N | N | N | N | N | |
E14 historic conversion | N | N | N | N | N | N | N | N | |
§ 450-405F | F automotive service | ||||||||
F1 gasoline service station | N | N | N | N | P | N | N | N | |
F2 repair garage | N | N | N | N | P | N | N | N | |
F3 vehicle sales, rental and service | N | N | N | N | S | S | N | N | |
F4 parking area/garage | N | N | N | P | P | N | N | N | |
F5 vehicle washing facility | N | N | N | N | P | N | N | N | |
§ 450-405G | G transportation | ||||||||
G1 bus or taxicab terminal | N | N | N | P | P | N | N | N | |
G2 school bus yard | N | N | N | N | N | P | N | N | |
§ 450-405H | H utilities | ||||||||
H1 communications facility | N | N | N | S | N | P | N | N | |
H2 supply utility | N | N | N | S | N | P | N | N | |
H3 petroleum/gas substation | N | N | N | S | N | P | N | N | |
H4 sanitary utility | N | N | N | N | N | S | N | N | |
H5 transmission facilities | N | N | N | N | N | P | N | N | |
H6 transmission tower | N | N | N | N | N | P | N | N | |
H7 utility | N | N | N | S | N | P | N | N | |
§ 450-405I | I accessory uses | ||||||||
I1 home radio and television antenna | P | P | P | P | P | P | P | P | |
I2 satellite dish antenna | P | P | P | C | P | P | P | P | |
I3 decks and patios | P | P | P | P | P | P | P | P | |
I4 fences and walls | P | P | P | P | P | P | P | P | |
I5 garage sale | P | P | P | P | N | N | N | N | |
I6 home office | P | P | P | P | P | N | N | N | |
I7 home occupation | N | S | P | P | N | N | N | N | |
I8 keeping of pets | P | P | P | P | P | P | P | P | |
I9 child-care center | P | P | P | P | N | N | N | N | |
I10 residential accessory building | P | P | P | P | N | N | N | N | |
I11 residential temporary structure or use | P | P | P | P | P | P | P | C | |
I12 nonresidential accessory building or structure | N | N | P | P | P | P | P | C | |
I13 outside storage/display accessory or temporary | N | N | N | C | P | P | N | N | |
I14 off-street parking | P | P | P | P | P | P | P | P | |
I15 signs | P | P | P | P | P | P | P | C | |
I16 outside storage - travel trailers and boats | P | P | N | P | P | P | P | P | |
I17 sidewalks | P | P | P | P | P | P | P | P | |
I18 portable storage container | P | P | P | N | N | N | N | N | |
§ 450-405J | J light industrial | N | N | N | N | N | P | N | N |
§ 450-405K | K retirement community | ||||||||
K1 res. Retirement units | N | N | N | N | N | N | P | N | |
K2 health care facilities | N | N | N | N | N | N | P | N | |
K3 accessory uses | N | N | N | N | N | N | P | N | |
§ 450-405L | L open recreation | P | P | P | P | P | P | P | P |
NOTES: | |
1 | The Historic District (H), the Flood Plain District (FP), and the TND-1 Overlay District (TND-1) are overlay districts with regard to land use. The land use regulations of the underlying zoning district shall apply, except as stated in Appendix F, TND-1 Overlay District, and further restricted by Chapter 230, Historical Districts, Landmarks and Buildings, or the Floodplain Prohibitions (§ 450-406). See §§ 450-601 and 450-619 and appendixes and maps for additional requirements.[1] |
[1]
Editor's Note: See materials included as attachments to this chapter.
[Amended 3-26-1997; 12-10-1997 by Ord. No. 1997-20; 1-13-1999 by Ord. No. 99-2; 1-14-2002 by Ord. No. 2002-05A; 11-12-2003 by Ord. No. 2003-05; 12-14-2016 by Ord. No. 2016-03; 2-8-2017 by Ord. No. 2017-02; 2-8-2017 by Ord. No. 2017-03; 3-8-2017 by Ord. No. 2017-04; 9-9-2020 by Ord. No. 2020-01; 10-9-2024 by Ord. No. 2024-01A; 1-8-2025 by Ord. No. 2025; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Agricultural land uses. Farming, agriculture or nursery use, including, but not limited to: the tilling of the soil; the growing of trees, ornamental plants, shrubs, flowers and vegetables; the keeping, raising or breeding of no more than a total of four cows, horses, or sheep and/or a total of eight poultry or rabbits; and the sale of products or services related to the above.
(1)
The minimum site area shall be three acres.
(2)
Buildings for the keeping of animals shall be at least 200 feet from property lines.
(3)
One off-street parking space per employee shall be provided in addition to one off-street parking space per 150 square feet of sales area and one off-street parking space per eight animals.
B.
Residential uses.
(1)
B1 Single-family detached dwelling. A dwelling on a lot designed and occupied exclusively as a residence for one family, having independent outside access and having private yards on all sides.
(a)
Parking. Two off-street spaces per dwelling unit.
(2)
B2 Duplex. A building containing two dwelling units with one dwelling unit located above another dwelling unit, one dwelling unit having a common floor or ceiling with the other dwelling unit, and with no party wall in common with another building.
(a)
Parking. Two off-street spaces per dwelling unit.
(3)
B3 Single-family detached cluster. Single-family detached housing clustered to preserve common open space. This use shall be permitted only in the R-2 District on tracts having a gross site of five acres or larger. All access to the individual lots shall be from internal streets.
(b)
The development shall be served by public water and public sewage disposal facilities; the adequacy of which shall be demonstrated and guaranteed.
(c)
An amount of land shall be set aside as permanent usable open space and shall:
[1]
Be dedicated to the Borough, if acceptable to the Borough, or be maintained according to the ownership provisions of § 450-608; and
[2]
Be suitable for use as a park, playground, pedestrian accessway, school, or other similar public purpose, or because of its topography, vegetation, or other natural character, be left open with no particular use assigned to it.
(d)
All access streets on the site shall have minimum rights-of-way of 50 feet.
(f)
Parking. Two off street parking spaces per dwelling unit.
(4)
B4 Performance standard development. A development which permits a variety of housing types subject to certain performance standards. The development shall meet the criteria of the Table of Performance Standards and Appendix B.[1]
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(5)
B5 Rooming house, boarding house, and lodge (see also Use E10)[2] are subject to the following conditions:
(a)
Fire detection devices approved by the Underwriters Laboratories which signal the existence of smoke or heat shall be installed in all sleeping areas, kitchens, stairwells, and near heating equipment and flammable liquids storage areas. The signal shall be loud enough to awaken sleeping guests.
(b)
Rooming houses more than two stories in height shall have an emergency fire escape constructed of nonflammable materials. The fire escape shall not be located on the front of the building. If on the side, the fire escape shall be shielded from view from the street with materials which blend with the materials of the house. In the Historic District, the Historic Architectural Review Board shall review and approve the proposed placement and design of fire escapes.
(c)
Lots shall have an area of at least 10,000 square feet.
(d)
The rooming house may be periodically inspected by the Fire Marshal, Building Inspector, and Zoning Officer for compliance with safety and building standards.
(e)
Parking. One off-street parking space per room offered for rent, plus two off-street parking spaces for each single-family dwelling unit.
[2]
Editor's Note: See § 450-405E(10).
(6)
B6 Apartments and residential conversion to apartments; residential conversion. Conversion of an existing building to a greater number of dwelling units without disturbing the architectural character of the building shall be subject to the following provisions:
(a)
Table of dimensions.
[1]
R-1 District.
Minimum Unit Size (square feet) | Lot Area Per Dwelling Unit (square feet) | Parking Spaces Per DU | |
|---|---|---|---|
Efficiency | 400 | 6,000 | 1.50 |
1 BR | 700 | 9,000 | 2.00 |
2 BR | 850 | 12,000 | 2.00 |
3 BR | 1000 | 15,000 | 2.50 |
4 BR | 1200 | 18,000 | 3.00 |
[2]
R-2 District.
Minimum Unit Size (square feet) | Lot Area Per Dwelling Unit (square feet) | Parking Spaces Per DU | |
|---|---|---|---|
Efficiency | 400 | 4,000 | 1.50 |
1 BR | 700 | 6,000 | 2.00 |
2 BR | 850 | 8,000 | 2.00 |
3 BR | 1000 | 10,000 | 2.50 |
4 BR | 1200 | 12,000 | 3.00 |
(b)
Access to each dwelling unit shall be gained either directly from the outside or to a stairwell which leads directly to the outside of the building. In no event shall access from one dwelling unit be gained by crossing the premises of another dwelling unit.
(c)
Stairways leading to the second or any higher floor shall be located within the walls of the building or shielded from view by adjoining property owners by architectural facades. Stairways and fire escapes shall be located on the rear or side wall of the building. In the Historic District, the Historic Architectural Review Board shall review the placement and design.
(d)
Fire detection devices approved by the Underwriters Laboratories which signal the existence of smoke or heat shall be installed in all sleeping rooms, kitchens, stairwells, and near heating equipment and flammable liquids storage areas. The signal shall be loud enough to awaken sleeping guests.
(e)
All applications for apartments and residential conversions shall be reviewed by the Building Inspector, Fire Marshal, Zoning Officer, and if applicable, the Department of Labor and Industry.
(f)
Occupants of apartments or residential conversion units shall not acquire permanent rights to the property by deed, but may acquire tenants rights to the property by short term lease or contract.
(g)
Apartments and residential conversions may be periodically inspected by the Fire Marshal, Building Inspector, and Zoning Officer for compliance with all safety and building standards.
(7)
B7 Dwelling in combination. Dwelling in combination with an existing or permitted retail, office or professional service use, are subject to the lot and parking requirements for the nonresidential use in addition to the following requirements:
(b)
A minimum of 5,000 square feet of lot area for the nonresidential use plus the following additional lot area per dwelling unit(s).
Minimum Unit Size (square feet) | Lot Area Per Dwelling Unit (square feet) | Parking Spaces Per DU | |
|---|---|---|---|
Efficiency | 400 | 3,000 | 1.25 |
1 BR | 700 | 4,500 | 1.50 |
2 BR | 850 | 6,000 | 1.75 |
3 BR | 1000 | 7,500 | 2.00 |
4 BR | 1200 | 9,000 | 2.00 |
(8)
B8 Mobile home.
(a)
Mobile homes shall be approved by the Pennsylvania Department of Community and Economic Development, or equivalent agency, as evidenced by a seal affixed to the unit.
(c)
The exterior covering material of the mobile home shall extend to the ground or to the top of the permanent foundation.
(d)
All mobile home tow bars, wheels and axles shall be removed when installed on a residential lot.
(e)
Mobile homes are prohibited in the Historic District.
(g)
Parking. Two off street parking spaces per dwelling unit.
(9)
B9 Care facility, group.
(a)
The lot shall have a minimum of 10,000 square feet.
(b)
No more than two persons shall share a single bedroom.
(c)
The residents shall be under constant supervision by a staff member.
(d)
The facility shall house no more than six persons.
(e)
The premises shall be open to annual inspection by the Fire Marshal, Building Inspector, and Zoning Officer.
(f)
Parking. Two off-street parking spaces for the resident staff plus one off-street parking space per nonresident staff member.
(10)
B10 Preservation development. Development of a lot or lots which clusters housing in a manner to preserve natural resources, open space and historic properties, subject to certain performance standards. The development shall meet the criteria of the Table of Performance Standards and Appendix B1.[4]
[4]
Editor's Note: Appendix B1 is included as an attachment to this chapter.
(11)
B11 Townhouses. A single-family attached dwelling unit in a row in which each unit has its own front and rear access to the outside and having an individual and/or common yard area. Each townhouse unit is separated from any other unit by one or more vertical common walls.
(a)
To create architectural interest in the layout and character of the proposed dwelling units, and to ensure new construction is harmonious but differentiated from historic buildings, variations in setbacks, materials and design shall be required. Approved design standards are specified in Appendix G, Design Standards for the TND-1 Overlay District.[5]
[5]
Editor's Note: Appendix G is included as an attachment to this chapter.
(b)
Parking. A minimum of two off-street parking spaces shall be provided for each dwelling unit.
(12)
B12 Twins. A building containing two dwelling units which are attached side by side through the use of a common party wall that extends from the ground to or above the roof.
(a)
Parking. A minimum of two off-street parking spaces shall be provided for each dwelling unit.
(13)
(Reserved)
(14)
(Reserved)
(15)
B15 Care facility, recovery house.
(a)
The lot shall have a minimum of 10,000 square feet.
(b)
No more than two persons shall share a single bedroom.
(c)
The residents shall be under periodic supervision by an adult supervisor or property owner.
(d)
The facility shall house five or fewer persons, unrelated to the property owner.
(f)
The exterior of the premises shall be kept in good condition, free of trash and debris.
(g)
Fire detection devices approved by the Underwriters Laboratories which signal the existence of smoke or heat shall be installed in all sleeping areas, kitchens, areas where indoor smoking is permitted or common, stairwells, and near heating equipment and flammable liquids storage areas. Carbon dioxide detectors shall be installed on each floor. The signals shall be loud enough to awaken sleeping guests.
(h)
The facilities more than two stories in height shall have an emergency fire escape constructed of nonflammable materials and conform to all federal, state, county and municipal codes and regulations, including the requirements of the United States Fire Administration (USFA). The fire escape shall not be located on the front of the building. If on the side, the fire escape shall be shielded from view from the street with materials that blend with the materials of the house. In the Historic District, the Historic Architectural Review Board shall review and approve the proposed placement and design of fire escapes.
(i)
To be advertised, marketed or held out as a recovery house or sober living house, rules and procedures in substantial compliance with the stricter of the current recommendations of the Bucks County Recovery Housing Association or the regulations of the Department of Drug and Alcohol Programs (see 71 P.S. § 613.11 et seq.).
(j)
Parking. One off-street parking space per resident.
C.
Institutional, recreational and educational use.
(1)
C1 Religious use. Including churches, synagogues, religious foundations or societies plus associated convents, parish houses and other housing for religious personnel.
(b)
Parking. One space per five seats, or at least one space for every 300 square feet of floor area intended to be used by patrons, guests, members, parishioners, clients, or customers, whichever requires the greater number of off-street parking spaces, plus one space per two employees on the premises at any one time.
(2)
C2 School. Including religious and nonsectarian, denominational, private or public, not conducted as a private gainful business, subject to the following provisions, except where commonwealth regulations require higher standards, in which case, the higher standards shall apply.
(a)
Minimum lot size shall not be less than two acres.
(b)
Parking. Kindergarten, elementary school, junior high school: one off-street parking space for each faculty member and employee, plus two spaces per classroom and office. Senior high school: one off-street parking space per faculty member and employee, plus one space per 10 students of projected building capacity. In schools when fixed seats are not provided, one space for every 300 square feet of floor area intended to be used by students, patrons, guests, members, clients, or customers, plus one space per two employees on the premises at any one time.
(3)
C3 Cultural facility. Including art galleries, libraries or museums, open to the public or connected with a permitted educational use, not conducted as a private gainful business.
(a)
Parking. Refer to Use C1.[7]
[7]
Editor's Note: See § 450-405C(1).
(4)
C4 Community center and auditorium. Including auditorium, adult education center, or other similar facility operated by an educational, philanthropic, or religious institution, subject to the following provisions:
(5)
C5 Nursery school. Including nursery, day nursery, day care, preschool, or other agency operated as an enterprise giving day care to more than five children who are not related to the operator of the agency.
(a)
Such agencies must provide outdoor play areas which shall be sufficiently screened and sound-insulated in accordance with §§ 450-609 and 450-617 so as to protect the neighborhood from inappropriate noise and other disturbances and satisfy all other requirements of the Pennsylvania Department of Human Services.
(b)
Parking. One off-street parking space for each teacher, administrator and employee, plus one additional parking space per three students or a minimum of one space per 300 square feet.
(6)
C6 Recreational facility - public. Including parks owned or operated by the Borough or other governmental agency.
(a)
Parking. One off-street parking space for each 10 persons of total capacity.
(7)
C7 Recreational facility - private. Including facilities owned or operated by a nongovernmental agency, such as, but not limtied to, the YMCA, Boy Scouts, or Catholic Youth Organization, subject to the following provisions:
(a)
The use shall not be conducted as a private gainful business.
(b)
No outdoor active recreation area shall be located nearer to any lot line than the required front yard.
(d)
Parking. One off-street parking space for each three persons of total capacity, or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces; plus, one additional space for each employee.
(8)
C8 Private club or lodge.
(a)
The use shall not be conducted as a private gainful business.
(b)
The use shall be for members and guests only.
(c)
Parking. One off-street parking space for every three members of total capacity, or at least one off-street parking space for each 50 square feet of gross floor area, whichever requires the greater number of off-street parking spaces; plus, one additional space for each employee.
(9)
C9 Care facility, dependent. A home, usually licensed by the state, also commonly known as a convalescent home, nursing home or personal care facility is an establishment which provides full-time convalescent or chronic care, or both, for three or more individuals who are not related by blood or marriage to the operator and who, by reason of age, chronic illness or infirmity, are unable to care for themselves. No surgical nor obstetrical services shall be provided in such a home. It does not include a hospital or sanitarium.
(a)
A lot area of not less than 1.5. acres is required.
(b)
No more than 50 patients shall be accommodated, at any one time, in any one building.
(c)
Buildings shall be separated by 25 feet of yard.
(d)
The density shall not exceed one bed per 400 square feet of lot area.
(f)
Parking: 1 1/2 off-street parking spaces for each patient or resident bed, not including cribs and bassinets; plus at least one additional off-street parking space for each staff and visiting doctor; plus one additional parking space for each employee (including nurses) on the two major shifts; or a minimum of one space per 300 square feet of lot area.
(10)
C10 Country club or golf course.
(11)
C11 Medical center. A group of facilities providing health services such as medical research facilities, including laboratories, out-patient departments, training facilities, medical offices, and central service facilities operated as an integral part of the facility, and commercial uses supplementary to it. Provided:
(12)
C12. Academic clinical research centers.
(a)
Parking. Two off-street parking spaces per bed; plus five additional off-street parking spaces for each doctor or visiting doctor; plus one additional off-street parking space for each employee; or a minimum of one space for every 100 square feet of gross floor area devoted to office use on the first floor and one per every 300 square feet on all other floors, plus 1/2 space for each professional and employee.
(b)
The 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 DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(c)
All external lighting serving a research center must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(e)
Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.
(f)
Yearly proof of liability insurance, with minimum limits as set by the Pennsylvania Department of Health, must be provided.
(13)
C13 Medical marijuana grower/processor.
(a)
Parking. Two off-street parking spaces per bed; plus five additional off-street parking spaces for each doctor or visiting doctor; plus one additional off-street parking space for each employee; or a minimum of one space for every 100 square feet of gross floor area devoted to office use on the first floor and one per every 300 square feet on all other floors, plus 1/2 space for each professional and employee.
(b)
A medical marijuana grower/processor 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 DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(c)
The maximum floor area of a medical marijuana grower/processor shall be limited to 20,000 square feet, of which sufficient space must be set aside for secure storage of marijuana seeds, related finished product, and marijuana related materials used in production or for required laboratory testing.
(d)
There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.
(e)
Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the DOH Policy and shall not be placed within any unsecure exterior refuse containers.
(f)
Grower/processors may not locate within 1,000 feet of the property line of a public, private or parochial school, nursery or day care, or medical marijuana dispensary.
(g)
All external lighting serving a medical marijuana grower/processor must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(i)
The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.
(j)
Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.
(k)
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.
(l)
Yearly proof of liability insurance, with minimum limits as set by the Pennsylvania Department of Health, must be provided.
(14)
C14 Medical marijuana transport vehicle service.
(a)
Parking. two off-street parking spaces per bed; plus five additional off-street parking spaces for each doctor or visiting doctor; plus one additional off-street parking space for each employee; or a minimum of one space for every 100 square feet of gross floor area devoted to office use on the first floor and one per every 300 square feet on all other floors, plus 1/2 space for each professional and employee.
(b)
A traffic impact study is required where the office is operated.
(c)
All external lighting serving a medical marijuana transport vehicle service must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(d)
Entrances and driveways to a medical marijuana transport vehicle service must be designed to accommodate the anticipated vehicles used to enter and exit the premises.
(f)
If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana transport vehicle service facility, the facility must be secured to the same level as a medical marijuana grower/producer or dispensary.
(g)
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.
(h)
Yearly proof of liability insurance, with minimum limits as set by the Pennsylvania Department of Health, must be provided.
(15)
C15 Medical marijuana dispensary.
(a)
A medical marijuana dispensary must be legally registered in the Commonwealth of Pennsylvania and possess a current valid medical marijuana permit from the DOH.
(b)
A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(c)
A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.
(d)
Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.
(e)
Permitted hours of operation of a dispensary shall be 8:00 a.m. to 8:00 p.m. of the same calendar day.
(f)
A medical marijuana dispensary shall be a maximum of 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of product and a minimum of 25% of the gross floor area shall be used for an interior customer waiting area.
(h)
A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable DOH regulations.
(i)
A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school, a nursery or day care center, or medical marijuana grower/processor.
(j)
Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school, nursery or a day care center.
(k)
All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(l)
Parking requirements will follow the parking schedule found in article/part regulations as listed for medical and dental offices, including outpatient clinics.
(n)
Entrances and driveways to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility.
(o)
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.
(p)
Yearly proof of liability insurance, with minimum limits as set by the Pennsylvania Department of Health, must be provided.
D.
Business and office uses.
(1)
D1 Professional service. Limited to offices of physicians, lawyers, clergymen, teachers, dentists, architects, engineers, insurance agents, opticians, and medical and related offices, which do not involve the actual storage, exchange, or delivery of merchandise on the premises, provided:
(a)
Such use shall be located only on a collector or minor collector road.
(b)
Such use shall be carried on wholly indoors and within the principal building.
(c)
There shall be no use of show windows nor displays visible outside the premises to attract customers or clients.
(d)
Parking. Physicians and dentists, see Use C11.[9] For all other uses or professionals, one off-street parking space for every 100 square feet of gross floor area devoted to office use on the first floor and one per every 300 square feet on all other floors, plus one-half space for each professional and employee.
[9]
Editor's Note: See § 450-405C(11).
(2)
D2 Business service, private. Limited to banks and offices for real estate, stock and bond brokers, accountants, adjusters, and appraisers.
(a)
The additional provisions of Use D1[10] shall be met.
[10]
Editor's Note: See § 450-405D(1).
(b)
Parking. One per 100 square feet on the first floor, plus one space per 300 square feet on all other floors, plus one space per employee.
(3)
D3 Business service limited to governmental offices.
(a)
Parking. Refer to Use D2.[11]
[11]
Editor's Note: See § 450-405D(2).
E.
Retail and consumer service uses.
(1)
E1 Retail shop. Stores for the retail sale of antiques, auto parts, beverages, books, candy, drugs, dry goods, flowers, foodstuffs, garden supplies, gifts, hardware, jewelry, periodicals, notions, paint, small appliances, stationery, wearing apparel, and other similar goods, but not requiring extensive outdoor display or allowing food or beverages to be consumed on or immediately about the premises. It shall include crafters and artisans, operating as a small business, if the nature and scale of the business is similar to a retail shop. It shall not include stores which sell merchandise which offend public morals and decency.
(a)
Parking. One space for every 300 square feet of gross floor area devoted to patron use on the first floor, plus one additional space per 400 square feet on each other floor, plus one additional space for each full-time employee.
(3)
E3 Personal service. Services including but not limited to barber shop, beauty parlor, laundry or cleaning agency, and self-service laundry.
(a)
Parking. Refer to Use D2.[14]
[14]
Editor's Note: See § 450-405D(2).
(4)
E4 Repair service for appliances, etc. Services including appliances, watches, guns, bicycles, and locks, but excluding the repair of vehicles (see Uses F1 and F2).[15]
(a)
Parking: Refer to Use E1.[16]
[16]
Editor's Note: See § 450-405E(1).
[15]
Editor's Note: See § 450-405F(1) and F(2).
(5)
E5 Restaurant - sit down service.
(a)
Parking. One off-street parking space for every four seats, plus one space per employee on the largest shift; or at least one off-street parking space for every 100 square feet of gross floor area.
(6)
E6 Restaurant - quick service.
(a)
A lot area of not less than 1 1/2 acres shall be required.
(b)
Landscaping and planting, including evergreens, shall be provided and maintained and the use shall meet the requirements of § 450-617.
(d)
Parking. One off-street parking space per two seats, plus one off-street parking space for every 100 square feet of gross floor area.
(7)
E7 Tavern. An establishment which serves alcoholic beverages for on-premises consumption and is licensed by the Pennsylvania Liquor Control Board. The use shall meet the requirements of Article VI.
(a)
Parking. One off-street parking space for each 50 square feet of total floor area devoted to patron use, plus one off-street parking space for each full time employee.
(8)
E8 Mortuary or funeral home.
(a)
The provisions of Use D1[17] shall be met.
[17]
Editor's Note: See § 450-405D(1).
(b)
Parking. One off-street parking space for each four seats provided for patron use, or at least, one off-street parking space for each 50 square feet of gross floor area; plus one space for each full-time employee.
(9)
E9 Public entertainment facility. Activities operated as a gainful business, open to the public for the purpose of public entertainment or recreation, including, but not limited to, arcades, bowling alleys, motion-picture theaters, and health clubs; but not including, outdoor facilities, golf courses, driving ranges, amusement parks, or facilities which offend public morals and decency.
(a)
Adequate measures to prevent noise and other noxious influences from disturbing nearby residential properties shall be taken.
(c)
Parking. One off-street parking space for each four seats provided for patron use, or at least, one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces; plus one additional space for each full-time employee.
(10)
E10 Motels and hotels, tourist home, or building or group of buildings for the accommodation of transient guests, chiefly motorists, containing guest rooms for rent, are subject to the following conditions:
(a)
The lot shall have an area of at least two acres.
(b)
The use must take direct access from a collector street (Pine Street).
(c)
The lot shall have at least 15% landscaped open space, including an area in the front yard.
(d)
Driveways and parking spaces shall be set back no less than 15 feet from any side or rear property line.
(f)
The maximum uninterrupted length of stay shall be 14 days.
(g)
The premises shall be open and available for periodic inspections by the Fire Marshal, Zoning Officer and Building Inspector for compliance with safety and building codes and standards.
(h)
Parking. One off-street parking space for each rental room or suite, plus one space for each full-time employee, plus one space for each 50 square feet of total floor area devoted to banquet facilities, gift shops, entertainment or conference facilities, taverns, newspaper or periodical stands, or any other accessory use on the premises.
(11)
E11 Shopping center. A neighborhood shopping center which is pre-planned and designed as a complex of related structures and circulation patterns.
(a)
Shopping centers shall have a minimum site area of five acres.
(b)
Not more than 25% of the total lot area shall be occupied by buildings.
(d)
Any use of the same general character as any of the above permitted uses, when authorized as a special exception by the Zoning Hearing Board, shall be permitted, subject to such reasonable restrictions as the Board may determine.
(e)
Signs are permitted when erected and maintained in accordance with the provisions of Article VII.
(f)
Building placement. No building or structure, other than a permitted sign, shall be erected within 100 feet of a street line or within 50 feet of a property line. No parking, loading, or service area shall be located less than 30 feet from any property line.
(g)
The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural unit with appropriate landscaping.
(h)
The height of any building shall not exceed 2 1/2 stories nor 35 feet.
(i)
The distance, at the closest point, between any two buildings, or groups or units of attached buildings shall not be less than 20 feet.
(j)
The proposed development shall be served by public water and public sewage disposal facilities; the adequacy of which shall be demonstrated and guaranteed.
(k)
Lighting shall be provided in a manner which shall protect the streets and neighboring properties from direct glare or hazardous interferences of any kind.
(l)
Buffer yards along side and rear property lines shall be provided and shall be at least 50 feet in width, measured from such line or from the street line, where the street constitutes the property line, and shall meet the additional requirements of § 450-617. Buffer yards may be coterminous with required yards, and in case of conflict, the larger yard requirement shall apply. Buffer yards shall not be required where they conflict with clear sight triangles.
(m)
Off-street parking and loading space, pedestrian walkways, and motor vehicle access shall be provided in accordance with the provisions of Article VIII.
(p)
Parking. Four off-street parking spaces shall be provided and maintained for each 1,000 square feet, or portion, of gross leasable area.
(q)
Gross leasable area (GLA) is the total floor area designed for tenant occupancy and use, including basements, mezzanines, storage areas, and upper floors; expressed in square feet and measured from the center line of common partitions and from outside wall faces.
(12)
E12 Bed-and-breakfast inn.
(a)
Driveways and parking spaces shall be set back at least five feet from any side property line and 15 feet from the rear property line.
(c)
There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single, nonilluminated sign which may not exceed eight square feet in the C and PS Districts and four square feet in the R-1 and R-2 Districts.
(d)
No external alterations, additions or changes to the exterior structure shall be permitted, except as required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by any other governmental agency, and subject to the restrictions of the Historic Architectural Review Board.
(e)
The use shall be carried on primarily by members of the immediate family who shall reside on the premises. Two nonresident employees shall be permitted.
(f)
There shall be no separate kitchen or cooking facilities in any guest room.
(g)
Food served to guests on the premises shall be limited to breakfast and afternoon tea only.
(h)
The use of any amenities provided by the bed-and-breakfast establishment such as swimming pool or tennis courts shall not be open for public use.
(i)
No more than four guest rooms may be provided by right. More than four guest rooms may be provided by conditional use, pursuant to §§ 450-401C and 450-1011. Additional lot area shall be required for the provision of more than four guest rooms at a rate of 1/2 of the minimum lot area required by the applicable district per each additional four rooms proposed on the lot.
(j)
Fire detection devices approved by the Underwriters Laboratories which signal the existence of smoke or heat shall be installed in all sleeping rooms, kitchens, stairwells, and near heating equipment and flammable liquids storage areas. The signal shall be loud enough to awaken sleeping guests.
(k)
Bed-and-breakfast inns of more than two stories in height shall be equipped with an emergency fire escape constructed of nonflammable materials. The fire escape shall not be located on the front of the building. If placed on the side, the fire escape shall be shielded from view from the street with materials which blend with the materials of the house and the neighboring building. In the Historic District, the Historic Architectural Review Board shall review and approve the proposed placement and design.
(l)
Stairways leading to the second or any higher floor shall be located within the walls of the building or shielded from view by adjoining property owners by architectural facades. Stairways and fire escapes shall be located on the rear or side wall of the building. In the Historic District, the Historic Architectural Review Board shall review and approve the placement and design.
(m)
The maximum uninterrupted length of stay shall be 14 days.
(n)
The bed-and-breakfast inn shall be open and available for periodic inspections by the Fire Marshal, Zoning Officer, and Building Inspector for compliance with safety and building standards.
(o)
One off-street parking space for each guest room, plus one space for each employee, plus two spaces per dwelling unit. The off-street parking spaces shall be located either to the rear or the side of the main dwelling, screened from the street by a five foot wooden fence or plant material.
(13)
E13 Obscene business. Obscene businesses are prohibited in the Borough of Langhorne and provided elsewhere in the region, consistent with the Borough of Langhorne Comprehensive Plan, most recent edition.
(14)
E14 Historic Conversion. The conversion of an existing building without disturbing the architectural character of the building, provided that such structure is located within the H Historic District.
(a)
Historic structures shall only be permitted to be converted into Uses B1 Single-family detached, B7 Dwelling in combination, C3 Cultural facility, C4 Community center and auditorium, D1 Professional service, D2 Business service, private, D3 Business service limited to governmental offices, and E12 Bed-and-breakfast inn.[19] The use regulations for each use shall be met, unless otherwise noted herein. If a conflict between requirements noted herein and use regulations should occur, the stricter requirements shall apply. Additional standards for uses permitted within an historic conversion are as follows:
[1]
Use B7 Dwelling in combination:
[a]
No structure shall have more than one dwelling unit.
[b]
No dwelling unit shall have more than three bedrooms.
[c]
Nonresidential uses shall only be located on the first floor. Residential uses are not permitted on the same floor as nonresidential uses.
[d]
Nonresidential uses shall occupy no more than 40% of the gross floor area.
[e]
The nonresidential use permitted as part of a dwelling in combination use must be a permitted use in the zoning district in which the dwelling in combination is proposed. All use regulations for the nonresidential use shall be met.
[f]
There shall be no use of show windows, display, or advertising visible outside the premises to attract patrons to the nonresidential use other than one, nonilluminated sign which shall not exceed four square feet.
[g]
Parking: Two off-street parking spaces shall be provided in addition to the nonresidential use's parking requirement.
[2]
Use C3 Cultural facility:
[a]
There shall be no use of show windows or display or advertising visible outside the premises to attract patrons to the nonresidential use other than one, nonilluminated sign which shall not exceed four square feet.
[b]
Food preparation which requires mechanical exhaust to the building's exterior shall be prohibited.
[c]
Parking: A minimum of one off-street parking space per 400 square feet of floor area.
[3]
Use C4 Community center and auditorium:
[a]
There shall be no use of show windows or display advertising visible outside the premises to attract patrons to the nonresidential use other than one, nonilluminated sign which shall not exceed four square feet.
[b]
Food preparation which requires mechanical exhaust to the building's exterior shall be prohibited.
[c]
Parking. A minimum of one off-street parking space per 400 square feet of floor area.
[4]
Use D1 Professional service:
[5]
Use D2 Business service, private:
[6]
Use D3 Business service limited to governmental offices:
(b)
There shall be no external alteration of the building area except as may be necessary for reasons of safety or as recommended by the Historic Architectural Review Board (HARB) and approved by a certificate of appropriateness (COA) from Borough Council. All external alterations shall meet the requirements of Chapter 230, Historical Districts, Landmarks and Buildings, and Appendixes F and G of this chapter.[20]
[20]
Editor's Note: Appendixes F and G are included as attachments to this chapter.
(c)
Stairways leading to the second or any higher floor shall be located within the walls of the building or shielded from view by adjoining property owners by architectural facades. Stairways and fire escapes shall be located on the rear or side wall of the building and shall be approved by the Building Inspector, and by a COA from Borough Council, as recommended by HARB.
(d)
No structures or parking areas shall be located in the front yard of historic conversions.
(e)
Parking. The parking requirements shall be in compliance with the parking requirements of each use proposed within the historic conversion.
F.
Automobile service uses.
(1)
F1 Gasoline service station.
(a)
All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.
(b)
Fuel pumps shall be at least 20 feet from any street right-of-way.
(c)
All automobile parts, dismantled vehicles, and similar articles shall be stored within a building.
(d)
Full-body paint spraying or body and fender work shall not be permitted.
(f)
Buffer yards shall be provided on side and rear property lines, except when to do so will interfere with clear sight triangle requirements.
(g)
Any additional uses conducted on the property shall be by application for conditional use permit and shall meet all of the additional requirements for those uses.
(h)
No access, intended or otherwise, shall be permitted from the lot to another lot or to another land use.
(i)
Parking and access drives shall be located in such places and in such a manner as to reduce hazards when entering or exiting, to eliminate obstructions or congestion at entrance drives, and to reduce glare to adjacent residential uses.
(j)
Parking. One off-street parking space for every 300 square feet of gross floor area or three off-street parking spaces for each service bay, whichever is larger; plus one space for each employee. Off-street parking spaces are not to be part of, nor interfere with, the accessways to the pumps.
(2)
F2 Repair garage. Body and fender work, paint spraying, or carwashing facility.
(a)
All repair and paint work shall be performed within an enclosed building.
(b)
The provisions of Use F1[21] shall apply.
[21]
Editor's Note: See § 450-405F(1).
(3)
F3 Vehicle sales and service - automobile and recreational. Sale and service by duly franchised new car, truck, boat, or motorcycle dealerships, used car, truck, trailer, cycle, or boat sales, and vehicle rental facilities.
(4)
F4 Parking area or garage. A lot of record upon which the parking or storing of automobile vehicles is the primary use.
(a)
Only the parking of cars of employees, customers, or guests of existing establishments in the same district as the proposed parking area is permitted.
(b)
No sale, rental, service or repair operation shall be performed.
(c)
Trucks, trailers and other over-sized vehicles shall be permitted only in designated parking areas.
(5)
F5 Vehicle washing facility.
(a)
The minimum lot size is 15,000 square feet.
(b)
Self-service facilities shall provide at least 20 feet on each side of the bay for prewashing, cleanout, vacuuming and for post-wash drying.
(c)
Automatic car washes shall provide stacking for at least 10 vehicles.
(d)
Parking. One off-street parking space per employee.
H.
Utilities.
(1)
H1 Communication facility. Telephone or telegraph exchange and radio or television broadcasting studio, provided that in the C District such uses shall not include the storage of materials, garaging of vehicles, repair facilities, or the housing of repair crews.
(a)
Towers or antennas associated with these uses shall comply with the requirements of Use I11.[23]
[23]
Editor's Note: See § 450-405I(11).
(c)
Parking. Two off-street parking spaces per 400 square feet of floor area, plus one space for each full-time employees.
(2)
H2 Supply utility. Water supply works and storage, non-high-tension wire electric substations, plus necessary rights-of-way and transmission lines.
(a)
In the C District, such uses shall be limited to public business offices.
(b)
A twenty-five-foot buffer yard shall be provided along all property lines, except in the C District.
(c)
In no district shall any storage yard or storage building be operated, unless permitted by right.
(d)
All transmission lines shall be underground.
(f)
Parking. Refer to Use H1.[24]
[24]
Editor's Note: See § 450-405H(1).
(3)
H3 Privately operated petroleum product and gas substation.
(a)
The provisions of Use H2[25] shall apply.
[25]
Editor's Note: See § 450-405H(2).
(b)
Parking. Refer to Use H1.[26]
[26]
Editor's Note: See § 450-405H(1).
(4)
H4 Sanitary utility. Sewer works, sewage pumping station, plus associated collection line and right-of-way, but not including refuse dump, incinerator nor sanitary landfill.
(a)
Such facilities shall be are intended primarily to serve residents of the Borough of Langhorne.
(b)
Parking. Refer to Use H1.[27]
[27]
Editor's Note: See § 450-405H(1).
(5)
H5 Transmission facilities. Telephone, telegraph, radio, television, cellular telephone, cable, or other similar communication carrier operating any aspect of its business, except for offices which shall meet the requirements of Use H1,[28] electrical, electromagnetic, radioactive, or other similar energy supplier, except those uses that meet the requirements of Use H2,[29] and transformer, radar, reception, transmission, and conveyance towers, dishes, or other similar structures used in the creation, reception, communication, or projection of signals, waves, and emissions, provided that in the C District such uses shall not include the storage of materials, garaging of vehicles, repair facilities, or the housing of crews.
(a)
Towers or antennas associated with these uses shall comply with the requirements of Use I11.[30]
[30]
Editor's Note: See § 450-405I(11).
(c)
Towers shall conform to the requirements of Use H6.[31]
[31]
Editor's Note: See § 450-405H(6).
(d)
The service shall be essential to the residents of the Borough.
(e)
Parking. Two off-street parking spaces per 400 square feet of floor area, plus one space for each full-time employees.
[28]
Editor's Note: See § 450-405H(1).
[29]
Editor's Note: See § 450-405H(2).
(6)
H6 Transmission tower. Transformer, radar, reception, transmission, and conveyance towers, dishes, or other similar structures used in the creation, reception, communication, or projection of signals, waves, and emissions which extend above the roof line of the building is placed on top of the building and all freestanding towers or structures, provided that in the C District such uses shall not include the storage of materials, garaging of vehicles, repair facilities, or the housing of repair crews.
(a)
Towers or antennas shall comply with the requirements of Use I11.[32]
[32]
Editor's Note: See § 450-405I(11).
(c)
The service shall be essential to the residents of the Borough.
(d)
Parking. If the tower or antenna is part of another use of the lot, the parking requirements for that use shall be meet. If the structure is the only use of the lot, four parking spaces shall be provided.
(7)
H7 Utility. A private or municipal corporation or business providing services customarily rendered by public utility corporations, municipalities, or municipal authorities, whether or not qualified as a public utility under state law, which are not defined above.
(a)
The installation shall be essential to service the residents of the Borough.
(c)
All applicable federal, state or local regulatory permits, licenses or approvals shall be obtained prior to the application of a building permit.
(d)
Parking. Refer to Use H1.[34]
[34]
Editor's Note: See § 450-405H(1).
I.
Accessory uses.
(1)
(2)
I2 Satellite earth stations/dish antennas - an antenna of any size, shape or description designed for the purpose of receiving microwave transmissions directly or indirectly from satellites.
(a)
Ground installations. Such stations may be located on the ground in a residential, commercial, professional service or industrial zone provided that it is:
[1]
Neutral in color, nonreflective and bears no advertising emblem or information other than the name of the manufacturer in letters not to exceed two inches in height.
[2]
Limited to one per lot.
[3]
Not in excess of 10 1/2 feet in diameter.
[4]
Not in excess of 15 feet in height.
[5]
Not roof-mounted.
[6]
Located only in the rear yard with the base a minimum of 10 feet from any property line and not within any required setback area.
[7]
The full visual impact of the satellite earth station shall be reduced by screening. A fence or dense screening hedge of evergreens which present a solid visual barrier to adjoining properties shall be installed to a minimum height of seven feet.
[8]
Not possible to receive the desired broadcasts by cable television.
[9]
In compliance with the requirements of Chapter 230, Historical Districts, Landmarks and Buildings, if applicable. All applicants shall demonstrate to the satisfaction of the Borough Council, upon the recommendation of the Historic Architectural Review Board, that the antenna will not be visible from any public street.
(b)
Roof-mounted installations. Such stations may be located on the roof of an accessory structure in a residential, commercial, professional service or industrial zone provided that it is:
[1]
Not possible to install or erect a satellite earth station in accordance with Use I2(a)[35] and receive the desired transmissions.
[35]
Editor's Note: See § 450-405I(2)(a).
[2]
Not possible to receive the desired broadcasts by cable television.
[3]
Neutral in color, nonreflective and bears no advertising emblem or information other than the name of the manufacturer in letters not to exceed two inches in height.
[4]
Limited to one per lot.
[5]
Not in excess of six feet in diameter.
[6]
Not in excess of eight feet in height.
[7]
Roof-mounted on the front side of a first story roof of an accessory building or structure which is located in the rear of the lot and in such a way as to not project above the peak or ridge of the roof.
[8]
Located only in the rear yard with the base a minimum of 10 feet from any property line and not within any required setback area.
[9]
In compliance with the requirements of Chapter 230, Historical Districts, Landmarks and Buildings, if applicable. All applicants shall demonstrate to the satisfaction of the Borough Council, upon the recommendation of the Historic Architectural Review Board, that the antenna will not be visible from any public street.
(c)
Satellite earth station construction, support structures.
[1]
Only galvanized metal support construction or equivalent shall be permitted.
[2]
The station, its installation, the support construction, electrical wiring and the underlying structure shall be in conformance with the current provisions of the Pennsylvania Uniform Construction Code (see Chapter 152, Construction Codes, Uniform), as well as all other applicable ordinances, codes, and requirements.
[3]
On a ground level installation, only a concrete base or caisson, depending on soil conditions and the Building Inspector's requirements, extending not less than three feet below the surface shall be employed in line with grade.
[4]
The structure, including the foundation and support construction, shall be designed in a manner that the voltage or "live" components and all rotating parts shall be contained in protective guards.
(3)
I3 Decks and patios. Decks and patios will be considered an accessory structure, whether or not they are attached to the principal building, if the following criteria are met:
(a)
The deck shall not be constructed with a strip footing.
(b)
There shall be no overhead structure.
(d)
The height of the deck above average grade shall be no greater than four feet.
(e)
Decks and patios which do not meet the above criteria shall be considered a part of the principal building, for the purposes of setbacks.
(4)
I4 Fences and walls.
(a)
Sight distance. No fence or wall shall obstruct the sight distance requirements of Chapter 390, Subdivision and Land Development, of the Code of the Borough of Langhorne.
(b)
Fences.
[1]
Any fence located in the front yard shall have a minimum ratio of 2:1 of open to structural areas, shall not exceed three feet in height and shall be constructed of wood, cast iron, or wrought iron. Wire fence is prohibited in the front yard.
[2]
Privacy fences may be located along side or rear lot lines, provided they are not located within an existing right-of-way.
[3]
Fences located in a front yard are limited to three feet in height.
[4]
Fences located in other than front yards shall not exceed a maximum height of 6 1/2 feet. Posts shall not exceed seven feet.
(c)
Walls.
[1]
Engineering retaining walls necessary to hold back slopes are exempted from setback regulations and are permitted, as needed, in all districts.
[2]
Any freestanding walls shall be architecturally and structurally compatible with the structure and the landscape.
[3]
Freestanding walls located in a front yard are limited to three feet in height.
[4]
Freestanding walls located in the side and rear yards are limited to four feet in height.
[5]
Walls shall not be constructed in a manner that obstructs a watercourse or directs stormwater in a manner opposed to its natural course.
(d)
Location.
[1]
Fences and walls are exempt from the front, side and rear yard setback criteria.
[2]
Fences and walls may be installed adjacent to the property line after obtaining a written statement from each affected neighbor which shall be filed with the application.
[3]
If the affected neighbors will not sign a statement, the property owner may install a fence or wall adjacent to the property line after complying with the following procedure:
[a]
The property owner shall submit a certified and sealed four point survey of the yard in which the fence or wall is to be erected;
[b]
The property owner shall clearly mark the property lines;
[c]
The property owner shall inform the adjoining neighbors in writing of the intention to erect a fence or wall along the property line as marked and that the neighbor has 30 days to notify the Zoning Officer that there is a dispute as to the location of the property line;
[d]
Upon the passage of 30 days and no record of objection from any adjoining neighbor, the property owner shall submit a written statement certifying the above, along with the survey, with an approvable permit application and the Zoning Officer shall issue the permit;
[e]
If any neighbor objects during the thirty-day period, said neighbor shall submit the objection in writing and shall submit evidence supporting the objections;
[f]
If the Zoning Officer determines that the applicant's application is proper and that proper proof of the property line has been supplied, a permit may be issued despite the objection. If either party disagrees with the decision of the Zoning Officer, that party may apply to the Zoning Hearing Board to review the matter.
[4]
Fences and walls shall be placed next to, but not on the property line. They shall be erected so that no part of the fence or wall shall be on the property line. No fence or wall shall cross or interfere with existing legal right-of-ways or sight triangles.
[5]
At any time, a fence or wall may be set back two feet from the property line.
(5)
I5 Garage sale.
(a)
A garage sale shall not include wholesale sales.
(b)
No garage sale shall be held on a lot during more than four days in any 12 consecutive months.
(c)
Shall be clearly accessory to the principal use.
(d)
The garage sale shall be operated by the owner or occupant of the lot upon which it is conducted.
(6)
I6 Home office. The routine accessory and customary use of a portion of a dwelling for the conduct of administrative or clerical work, or sales over the phone, the receiving of mail or taking in hand work such as sewing, that does not involve the sale or transfer of retail or wholesale products on the premises.
(a)
Shall not involve any parking or use of trucks on the lot or on the street.
(b)
No more than 10% of the dwelling may be used as a home office.
(c)
No person shall work on the premises who is not a permanent resident of the dwelling.
(d)
No signs advertising the business activity shall be permitted.
(e)
There shall be no advertising of the home as an address where persons can go to do business or obtain a service. Post Office boxes are an acceptable way of advertising a home office.
(f)
There shall be no delivery trucks employed in the home office function.
(7)
I7 Home occupation. A use conducted entirely within a dwelling or building that is clearly incidental and secondary to the principal use of the premises and that would be compatible with the character of the neighborhood, including, but not limited to, an artisan's studio, barbershop/beauty shop, professional office, and instruction or tutoring of no more than two students simultaneously. It does not include an animal hospital, stable, kennels, funeral parlor, retail store, restaurant, or truck terminal.
(a)
In the R-2 District, the Zoning Hearing Board shall authorize the issuance of a zoning permit by granting a special exception, setting such conditions as they deem reasonable and necessary to limit potential adverse effects of a particular use.
(b)
No more than 25% of the dwelling may be used as a home occupation.
(c)
No outside storage of materials, products or equipment.
(d)
No use of show windows or any type of display visible from the outside of the property.
(e)
One nonilluminated sign of two square feet or less shall be permitted.
(f)
Delivery trucks. No more than one delivery truck per day shall be permitted. No servicing of tractor-trailer trucks shall be permitted on any street other than a collector or arterial street.
(g)
No machinery, materials or equipment shall be permitted that produces noise, odor, vibration, pollution, health or safety hazards, light or electrical interference beyond the boundary of the property.
(h)
There shall be no change in appearance of the building or premises or other visible evidence of the conduct of a home occupation, except for the permitted sign. Building appearance is also regulated through the Historic Architectural Review Board process.
(i)
A total maximum of one person may work on the lot who is not a permanent resident of the property.
(j)
No home occupation shall operate in any way that is perceptible from the property line between the hours of 9:00 p.m. to 7:00 a.m.
(8)
I8 Keeping of pets.
(a)
No use shall involve the keeping of pets, animals or fowl in such a manner that creates a nuisance or a health or safety hazard.
(b)
No more than three domestic dogs, no more than four domestic cats, and no more than 10 birds may be kept in a residence, unless it is more than 200 feet from the nearest other residence.
(d)
Geese, ducks, chickens, poultry, wild animals, horses, cattle, pigs, and other large animals shall not be kept unless the property can meet the criteria for an agricultural land use.
(e)
No animals shall be kept for the purposes of breeding and sale of the offspring unless the property can meet the criteria for an agricultural land use.
(f)
No person may keep chickens on any property used for residential purposes in the Borough, except in compliance with this subsection and all applicable Borough and state laws, ordinances and regulations.
[1]
Permit required.
[a]
No person may keep any chicken on any real property used for residential purposes prior to receipt of an annual residential chickenkeeping permit, which permit may be obtained from Borough Hall upon submission of an application, on a form to be provided by the Borough, and upon payment of a fee in the amount set forth in a fee resolution. All residential chickenkeeping permits shall expire on December 31 of the year in which they were issued.
[b]
The application shall be accompanied by a lot plan that includes the size of the lot, the location of the chicken coop and chicken run, the distance of the structures from the property lines.
[c]
Non-property owner applicants who wish to own or maintain chickens on the property that the applicant is renting must include written permission from the property owner or landlord that explicitly indicates that the applicant has permission to maintain an chickens on the property. The written permission must include an acknowledgment from the property owner or landlord that they are responsible to ensure the chickens and all structures are removed when the tenant vacates the property.
[d]
The issuance of a zoning permit shall not obviate the necessity for compliance with all applicable Historic Architectural Review Board and other Borough ordinances requirements.
[2]
Maximum permitted; roosters prohibited. Not more than six hens may be kept on any property at any time. The keeping of roosters is prohibited.
[3]
Noncommercial use. It shall be unlawful for any person to display, sell, offer for sale, barter or give away chickens, chicks or manure from the property. It shall be unlawful for any person to display, sell, offer for sale or barter eggs, from the property. The incidental and occasional gifting or giving away of eggs is permitted.
[4]
Location. Chickens must be confined at all times to a chicken coop or chicken run in compliance with the following:
[a]
Only one chicken coop and one chicken run shall be permitted on the property;
[b]
Chicken coops and chicken runs must be set back at least 20 feet from all principal residential structures;
[c]
Chicken coops and chicken runs shall be located in the rear yard and set back at least 20 feet from all property lines;
[d]
No chicken coop or chicken run shall exceed eight feet in height;
[e]
Chicken coops and runs must provide not less than four square feet for each chicken kept on the property; and
[f]
No chicken coop may be erected or constructed except upon receipt of, and in compliance with, all required building and zoning permits.
[5]
Inspections. All properties for which a permit has been issued pursuant to this subsection are subject to inspection by Borough representatives upon initial installation of any chicken coop or chicken run, and in the discretion of the Borough to investigate any complaint concerning chickens kept on such property. Inspectors shall have free access, ingress and egress to and from any chicken coop, chicken run, premises, building, or other place in which chickens (alive or deceased), chicken food, the water source, chicken parts, feathers, droppings or appliances may be kept or stored.
[6]
Care. Adequate food, shelter, water and care shall be provided to all chickens at all times in accordance with the following regulations:
[7]
Sanitation.
[a]
All chickens, chicken coops and chicken runs must be maintained, housed and kept in a clean and sanitary condition and in a manner that does not cause a public or private nuisance from: odor, litter, droppings, feathers or other waste; excessive noise; predators, pests, rodents or other animals; or favorable conditions that breed or attract flies, mosquitoes, maggots, other insects, pests or rodents.
[b]
All chicken feed must be kept in rodentproof, waterproof containers.
[c]
The feeding of vegetables, meat scraps or garbage shall be done only in impervious containers or on an impervious platform.
[d]
Watering troughs, tanks or other watering containers shall be equipped with adequate facilities for draining water overflow to prevent the breeding of flies, mosquitoes and other insects.
[e]
Outside slaughtering prohibited. No chicken may be slaughtered in the Borough, unless said slaughtering occurs in a fully enclosed structure. Any processing of deceased chickens shall not occur in any area visible from public rights-of-way or from adjacent properties.
[f]
Manure and droppings shall be removed from pens, yards, cages and other enclosures as necessary to maintain sanitary conditions and handled or properly disposed of as to keep the property free of any public nuisance. Composted or dried manure may be used as fertilizer onsite, provided it does not attract insects or rodents, create odors or enter runoff on to neighboring properties or Borough waterways.
[g]
Discarding waste on any public or private property shall be considered a violation. The accumulation of waste on the property is prohibited.
[8]
Nuisance. It shall be unlawful to keep chickens in such a manner as to cause unhealthy conditions, interfere with the normal use and enjoyment of human or animal life, or interfere with the normal use and enjoyment of the properties surrounding the applicant's property. By way of example and not of limitation, the following activities are declared to be a public nuisance and are, therefore, unlawful:
[a]
The accumulation or improper disposal of manure, droppings, rotten food, stagnant water, feathers, eggs or dead chickens;
[b]
The use of chicken coops and chicken runs that do not comply with this subsection;
[c]
The keeping of overcrowded, unsanitary or abandoned chicken coops;
[d]
The presence of roosters; or
[e]
The sale of eggs, chicks, chickens or chicken parts at the property.
[9]
Penalties.
[a]
Any person who violates any provision of this subsection shall be subject to fine, with each day on which a violation occurs or exists to be deemed a separate and distinct offense.
[b]
The Borough may revoke any residential chickenkeeping permit upon the occurrence by the permittee of two violations within the preceding twelve-month period.
(9)
I9 Child-care center.
(a)
Care of a maximum of up to five children unrelated to the care giver may occur in a single family detached residence or up to two children in any other type of dwelling unit.
(b)
The property shall have a minimum of 1,000 square feet of open space within the rear yard area.
(c)
The premises shall be open and available for periodic inspections by the Fire Marshal, Zoning Officer and Building Inspector.
(10)
I10 Residential accessory building or structure or use, including but not limited to:
(a)
Parking, storing or housing of nonpassenger vehicles.
[1]
Parking of passenger vehicles is permitted.
[2]
Parking of pickup trucks, panel trucks, mini-vans and four-wheel drive sport utility vehicles are permitted.
[3]
No commercial vehicle, which shall also include truck-tractor, tractor-trailer, or semitrailer, and combination of vehicle, equipment or trailers, may be parked, stored or housed on any property unless the vehicle, trailer or equipment is parked, stored or housed at least 50 feet from any road, is not visible from an adjoining property, or is enclosed in a garage, shed, or fully screened area. No more than three commercial vehicles may be parked, stored or housed on any property at any one time.
(b)
Structures such as fences and walls. See Use I4.
(c)
Buildings, such as storage sheds, bath houses, gazebos and private greenhouses, provided that the building meets the setback provided in Article V, the maximum height is less than 20 feet tall, and the total floor area of all accessory buildings shall be less than 20% of the lot area or 800 square feet, whichever is more restrictive.
(d)
Private pools, hot tubs, spas or fixed bodies of water over 18 inches in depth and with a surface area of 150 or more square feet that are used or intended to be used for swimming, soaking or bathing. Included are permanent outdoor swimming pools and any temporary structure designed to hold water; erected above ground level, which is not covered or drained at all times when not in use, and from which all ladders or other means of access have not been removed. Swimming pools shall be subject to the following provisions:
[1]
The pool, including filters and other mechanical equipment, shall be not located within 15 feet of any property line.
[2]
The pool shall be completely enclosed by a minimum four foot fence, wall or other barrier so as not to have openings, holes or gaps larger than three inches in any dimension except for doors and gates. All gates and entrances shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use.
[3]
Any floodlights used in conjunction with a pool shall be placed and shielded in such a manner to prevent glare on adjoining properties.
[4]
All electrical connections used in conjunction with a pool shall be certified as safe by the Building Inspector.
(e)
Residential buildings, other than those for domestic servants and caretakers employed on the premises, are not to be considered residential accessory buildings, structures or uses.
(f)
Basketball backboard, provided the backboard shall be set back at least two feet from any property line and shall not be located in a public street.
(g)
Tennis court, provided the court is not located in the front yard and, if lighted, no lighting shall shine directly beyond the property lines.
(11)
I11 Residential temporary structure or use. A temporary permit shall be issued for structures or uses necessary during construction or other circumstances of a nonrecurring nature.
(a)
The life of the initial permit shall not exceed one year, renewable for periods of three months not to exceed a period of two years.
(b)
The structure or use shall be remove completely upon expiration of the permit without cost to the Borough.
(c)
No temporary structure shall be used for dwelling purposes or to house animals.
(12)
I12 Nonresidential accessory building or structure. Accessory buildings or structures within the C, C-1, LI and PS Districts, such as garages and sheds, customarily incidental to the use permitted in the principal building on the lot are permitted, provided the provisions of Use I10(a) and (b)[37] are met. Any land use which is accessory to a land use permitted as a special exception shall be established only as provided by the Zoning Hearing Board.
[37]
Editor's Note: See § 450-405I(10)(a) and (b).
(13)
I13 Outside storage or display, accessory or temporary.
(a)
Outside storage or display, other than storage as a primary use of the land, accessory but incidental to the normal operation of a primary use, subject to the following additional provisions:
[1]
No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yard shall be occupied by outside storage or display.
[2]
Outside storage and display areas shall occupy an area of less than one-half the existing building coverage.
[3]
Outside storage and display areas shall be shielded from view from the public streets.
(b)
Uses requiring more substantial amounts of land area for storage or display may be exempt from the provisions of § 450-405I(13)(a)[2] and [3] above when granted as a special exception by the Zoning Hearing Board. Such uses shall be subject to the following additional provisions:
[1]
No more than 25% of the lot are shall be used in outdoor storage.
[2]
Particular uses appropriate for consideration under this provision include, but are not limited to, bulk commercial (Use E2)[38] or school bus yard (Use G2).[39] Among the uses that shall not be considered appropriate for inclusion under this provision are retail shops and stores (Use E1)[40], repair shops for appliances (Use E4)[41], gasoline station (Use F1)[42], and sale of automobile accessories (Use F3).[43]
[38]
Editor's Note: See § 450-405E(2).
[39]
Editor's Note: See § 450-405G(2).
[40]
Editor's Note: See § 450-405E(1).
[41]
Editor's Note: See § 450-405E(4).
[42]
Editor's Note: See § 450-405F(1).
[43]
Editor's Note: See § 450-405F(3).
(c)
Outside storage or display for a period of less than 24 hours and occurring less frequently than once per 30 days is exempt from the provisions of this chapter. Also exempt are residential fire wood piles, garbage enclosures, and barbecue and pool equipment when covered and secured.
(16)
I16 Outside storage of travel trailers and boats, and other recreational vehicles.
(a)
No vehicle shall be stored on any lot less than 15,000 square feet.
(b)
In all districts, no more than one vehicle shall be stored on a lot.
(c)
The vehicle shall be owned by the occupant of the lot upon which the vehicle is stored.
(d)
The vehicle shall be unoccupied at all times.
(e)
The vehicle shall not be stored in the front yard of any lot for more than a total of five days within any six-month period.
(f)
The vehicle shall be set back a minimum of five feet from the property line.
(17)
I17 Sidewalks within the public right-of-way.
(b)
Once constructed, all sidewalks shall be maintained in a safe and passable condition.
(c)
Once constructed, no vegetation, structures, or vehicles shall obstruct the sidewalk from a point at the ground to a height of 10 feet.
(d)
Once constructed, no sidewalk may be removed, except for repair or replacement, without approval of Borough Council.
(e)
Once constructed, all sidewalks shall be maintained in a cleaned and cleared condition. It shall be unlawful to permit the accumulation of snow or ice upon any sidewalk. All sidewalks shall be cleared of snow and ice within 24 hours after snow has stopped falling.
(18)
I18[44] Solar energy systems. It is the purpose of this regulation to promote the safe, effective and efficient use of solar energy systems installed to reduce the on-site consumption of utility supplied energy and/or hot water as a permitted accessory use while protecting the health, safety and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls. A solar energy system shall be permitted in any zoning district as an accessory to a principal use and subject to specific criteria as set forth below. Where said general standards and specific criteria overlap, the specific criteria shall supersede the general standards.
(a)
Applicability:
[1]
This subsection applies to solar energy systems to be installed and constructed after the effective date of the subsection.
[2]
Except as to interference with neighboring properties, solar energy systems constructed prior to the effective date of this subsection shall not be required to meet the mechanical requirements and equipment specifications of this subsection.
[3]
Any upgrade, modification, or structural change that materially alters the size or placement of an existing solar energy system shall comply with these provisions.
[4]
Any application for a new or modified solar energy system to be installed in the Historic District or any structure classified as historic in the National Historic Register shall be reviewed by the Borough Historic Architectural Review Board. Unless substantially invisible, no solar energy system, in part or in whole, shall be permitted on the front facade of an historic structure, or shall be visible above the peak of roof, or in any area visible from a public street or right-of-way, or in any manner that diminishes the historic integrity or characteristics of the building or structure.
[5]
These regulations shall not apply to small solar lights, such as landscape lights, solar fountain lights and other similar lights or lighting, provided the single solar panels are under one square foot in size.
(b)
Regulations. The installation and construction of a solar energy system shall be subject to the following development and design standards:
[1]
A solar energy system is permitted in all zoning districts as an accessory to a principal use.
[2]
A solar energy system shall provide power for the principal or accessory use of the property on which the solar energy system is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.
[3]
For solar energy systems connected to the utility grid, written authorization from the local utility company acknowledging and approving the connection shall be provided to the Borough.
[4]
A solar energy system may be mounted on a structure or ground-mounted (see Attachment 11).[45]
[45]
Editor's Note: See Roof and Ground Mounted Solar Energy Systems, included as an attachment to this chapter.
[5]
A system mounted on a structure may be mounted on a principal building, accessory building, pole, trellis or other structure. A roof-mounted system, whether mounted on the principal building or accessory building, may not exceed the maximum principal building height or accessory building height specified for the building type in the underlying zoning district. Roof-mounted solar panels shall be flush with, or mounted no higher than a few inches above the existing roof surface and shall reinforce the existing geometry and massing of the existing structure. A system mounted on a pole, trellis or other structure may not exceed the maximum accessory building height. In no instance shall any part of the solar energy system extend beyond the edge of the roof. In no instance shall any part of the solar energy system, whether on a principal building or accessory building, be located within the side yard or back yard set-backs.
[6]
A ground-mounted system shall not exceed the maximum building height for accessory buildings.
[7]
The surface area of a ground-mounted system, regardless of the mounted angle, shall be calculated as part of the overall impervious surface ratio.
[8]
A ground-mounted system or system attached to an accessory building shall not be located within the required front yard setback.
[9]
The minimum solar energy system setback distance from the property lines shall be equivalent to the building setback, the side yard setback or rear yard setback.
[10]
All ground-mounted mechanical and electrical equipment associated with and necessary for the operation of the solar energy system shall comply with the following:
[a]
Mechanical and electrical equipment shall be completely screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other non-invasive plant species, which provides a complete visual screen to the satisfaction of the Borough officials. In lieu of a planting screen, a decorative fence meeting the requirements of this chapter may be used.
[b]
Mechanical and electrical equipment shall not be located within the minimum front yard setback of the underlying zoning district.
[c]
Mechanical and electrical equipment shall comply with the setbacks specified for accessory structures in the underlying zoning district.
[11]
Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
[12]
All power transmission lines from a ground-mounted solar energy system to any building or other structure shall be located underground.
[13]
A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturers and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar energy system provided they comply with the prevailing sign regulations.[46]
[14]
A solar energy system shall not be constructed until a building/zoning permit has been approved and issued.
[15]
The design of the solar energy system shall conform to applicable industry standards.
[b]
All wiring shall comply with the current National Electric Code (NEC).
[c]
The local utility provider shall be contacted to determine grid interconnection and net metering policies.
[d]
The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and any such design shall be certified by an Engineer registered in the Commonwealth of Pennsylvania.
[e]
The applicant shall provide an electrical plan for all electrical wiring exiting the equipment, connecting to structures or utility boxes, wiring or electrical equipment not part of the manufacturer's equipment, and any other components, equipment or wiring designated by the Borough Building Inspector, Zoning Officer or other designated official.
[16]
The solar energy system shall comply with all applicable Borough ordinances and codes so as to ensure the structural integrity of such solar energy system.
[17]
Before any construction can commence on any solar energy system the property owner must acknowledge that he/she is the responsible party for owning and maintaining the solar energy system.
[18]
If a ground-mounted solar energy system is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be graded and reseeded.
(c)
If a solar energy system has been abandoned (meaning not having been in operation for a period of six months) or is defective or is deemed to be unsafe by Borough officials, the solar energy system shall be required to be repaired by the owner to meet federal, state and local safety standards, or be removed by the property owner within the time period allowed by the Building Inspector, Code Enforcement Official or other employee or independent contractor appointed by Borough Council resolution. If the owner fails to remove or repair the defective or abandoned solar energy system, the Borough may pursue a legal action to have the system removed at the owner's expense and a lien placed against the property.
(d)
Special regulations for historic structures or structures located in the Historic District.
[1]
General. The historic character of a property shall be retained and preserved, the removal of historic materials or alteration of features and spaces that characterize a property shall be avoided, all installations shall be reversible and, ground-mounted solar panels shall be preferred.
[2]
Policy. Unless substantially invisible, no solar energy system, in part or in whole, shall be permitted on the front facade of an historic structure, or shall be visible above the peak of roof, or in any area visible from a public street or right-of-way, or in any manner that diminishes the historic integrity or characteristics of the building or structure.
[3]
Location. If ground-mounted solar panels are not possible, the location of solar panels shall be considered in the following locations, in order of preference:
[4]
Materials. The use of solar roof tiles, laminates, glazing, and other technologies that require the removal of intact historic fabric or that permanently alter or damage such fabric shall be avoided. Wherever possible, materials that are flush with rooflines or provide low profiles shall be used. Materials that blend into surrounding features or are of similar color and texture shall be preferred.
[44]
Editor's Note: So in original.
(19)
I18[48] Portable storage containers (PSC).
(a)
Before placing a PSC unit on any residential property, a person shall register the date of the proposed placement and the intended location of the PSC unit with the Borough Manager.
(b)
PSC units may remain in place a maximum of 30 days from the date of placement.
(c)
In the event the PSC unit is not going to be removed at the expiration of the thirty-day period, the property owner shall submit a written extension request to Borough Council. Council, may at its discretion, grant extension requests for good cause shown and demonstrated.
(e)
Location.
[1]
PSC units must be placed on paved or impervious off-street surfaces, including on driveways located only in the front yard set back. Whenever possible, PSC units will be located in side or rear yards.
[2]
PSC units shall not be located in any setback areas for a principal structure, required open space, landscaped area, on any sidewalk or trail, or in any location that blocks or interferes with any vehicular and/or pedestrian circulation, and shall be located in accordance with all applicable building and fire code regulations for the purpose of ensuring safe ingress and egress to dwellings, access to utility shut-off valves, and for fire protection. Such containers shall also be subject to any applicable sight distance provisions.
(f)
Number, size and condition.
[1]
No more than one PSC unit may be placed on any residential property at one time.
[2]
No PSC shall exceed a maximum size of eight feet by eight feet by 16 feet (124 square feet).
[3]
All portable storage containers shall be in a condition free from rust, peeling paint and other forms of deterioration. The PCS unit shall be maintained so that it is rodent, vermin and insect-free.
(g)
Advertising. The PSC unit may not contain advertising beyond the identification of the company name and phone number of the company which placed the container on the property.
[48]
Editor's Note: So in original.
J.
Light industrial. Laundry, dry cleaning, carpet and rug cleaning, manufacture of clothing, hosiery, and textile products, not including textile manufacturing, manufacture of products using previously processed and manufactured materials, other manufacturing of a similar nature, wholesale business establishments, and the warehousing for storage, sale, and distribution of products.
(1)
No hazardous wastes as defined by federal government regulations shall be handled or stored on the premises.
(2)
All operations shall be conducted indoors.
(6)
Parking. One off-street parking space per employee, based on the largest shift, plus one off-street parking space for every truck and fleet vehicle parked on the premises, plus one off-street parking space for every 500 square feet of building area.
K.
Retirement community.
(1)
K1 Residential retirement units shall comply with the standards contained in § 450-405B(4), Performance standard development, except as follows:
(a)
Parking. One off-street parking space per retirement unit, plus one off-street parking space per employee.
(2)
K2 Health care facilities shall comply with the standards provided in Use C11.[49]
[49]
Editor's Note: See § 450-405C(11).
(3)
K3 Accessory uses shall comply with the standards provided for in Uses I10 and I12.[50]
[50]
Editor's Note: See § 450-405I(10) and (12).
L.
Open recreation. Recreational parks including woodworking, arts and crafts, community gardens, picnicking, day and overnight camping, hiking, equestrian trails, play fields, golfing, court games, swimming, boating and other similar activities; preserves including arboretums, zoological gardens, wildlife preserves, nature preserves and forest management preserves; and heritage conservation sites including historical buildings and cemeteries; and educational and demonstrational sites.
(1)
Agricultural activities using existing facilities may continue when the activity is part of an overall recreational or educational plan.
(2)
Accessory uses incidental to the operation and maintenance of the area are permitted and may included parking facilities, shelters, rest rooms, administrative offices, maintenance and storage buildings, and permanent housing for administrative or maintenance personnel.
(3)
Parking. Refer to Use C7.[51]
[51]
Editor's Note: See § 450-405C(7).
The following uses and activities are prohibited if located partially or entirely in a floodplain, wetland or wetland margin:
A.
The commencement of any of the following activities: the construction, enlargement, or expansion of any structure used or intended to be used as medical centers, care facilities, institutions or prisons.
B.
The construction of, substantial improvement to, or a subdivision of a mobile home park or subdivision.
C.
Any new or substantially improved structure which will be used for the production or storage of any of the listed dangerous materials or substances; which will be used for any activity requiring the maintenance of a supply of more than 500 gallons, or other comparable volume, of any of the listed dangerous materials or substances on the premises; or which will involve the production, storage or use of any amount of radioactive substances.
D.
For the purposes of this section, the following are considered dangerous to human life: acetone, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, nitric acid and oxides of nitrogen, magnesium, petroleum products (gasoline, fuel oil, etc.,), phosphorus, potassium, sodium, sulphur and sulphur products, pesticides (including insecticides, fungicides and rodenticides), and radioactive substances.
F.
No variance shall be granted for any of the other requirements of this section.
A.
The maximum percentage of acreage situated wholly or partially within the Borough boundaries devoted to tax-exempt or nontaxable purposes or uses shall not exceed 25% of the total acreage of the Borough.
B.
Said limitation shall not be applicable to properties owned by the Borough to provide any fire, police, water or sewer services. Said limitation shall not be applicable to properties acquired in the future by the Borough or any other governmental entity for the purposes of preserving open space or providing recreational facilities, or acquired by any nonprofit association organized for the purpose of obtaining, maintaining, and conserving public open space in perpetuity.