Borough of Matamoras, PA Article IV Supplementary Regulations

§ 124-13 Additional regulations for all districts.

A. Visibility at intersections. On a corner lot nothing other than fences, etc., as noted in § 124-13B shall be erected [except street signs, utility poles, traffic signs or trees whose branches are trimmed to a height of ten (10) feet], placed, planted or allowed to grow in such a manner as to impede vision between a height of two and one-half (21/2) and ten (10) feet above the center-line grades of the intersection streets in the area bound by the street center lines of such intersecting streets and a line joining the street center lines at a distance of seventy (70) feet from the point of intersection.

B. Fences, walls and hedges. Fences, walls and hedges shall be permitted in any yard; provided, however, that no fence, wall (except retaining walls) or hedge in any yard fronting on a street shall be over 36 inches in height except as allowed in Subsection B(1). Fences exceeding 36 inches shall be permitted, provided that said fence contains an open area of not less than 75%. This provision shall not restrict the Council or Zoning Hearing Board from establishing specific conditions of approval for screening of conditional uses or special exceptions.

[Amended 2-6-2007 by Ord. No. 287]

(1) Fences exceeding 36 inches in height shall be permitted on comer lots in the side yard adjacent to a street from the rear lot line to the nearest roofed portion of the building on the lot; or, if there is no building situated on the lot, to a point halfway between the front and rear lot lines.

(2) Refer to § 124-15B(1) for setback exemption for fences and walls.

C. Corner lots. On every corner lot there shall be provided on each side thereof, adjacent to a street, a yard equal in depth to the required front yard of the prevailing zoning district in which the corner lot is located. The side corresponding to the mailing address of the property shall be considered to be the front yard.

[Amended 10-2-2007 by Ord. No. 292]

D. Erection of more than one (1) principal structure or building on a lot. In any district, more than one (1) structure or building housing a permitted principal use may be erected on a single lot, provided that area, yard and other requirements of this chapter shall be met for each structure or building as though it were on an individual lot, unless otherwise regulated by this chapter. [For example, if the minimum lot size is five thousand (5,000) square feet and two (2) principal structures are proposed, then the minimum lot area required is ten thousand (10,000) square feet.] Such proposals shall also be subject to the land development provisions of the borough's Subdivision and Land Development Regulations.[1]

[1] Editor's Note: See Ch. 108, Subdivision of Land.

E. Exceptions to height regulations. The height limitations contained herein do not apply to spires, clock towers, microwave towers, cupolas, silos, antennas, flagpoles, water tanks, ventilators, chimneys, television or radio towers, elevators or stair bulkheads or other similar appurtenances usually required to be placed above the roof level and not intended for human occupancy.

F. Buildings to have access. Every building hereafter erected or moved shall be on a lot adjacent to a public street or a private street approved by the borough, and all buildings shall be located on lots so as to provide safe and convenient access for servicing, fire protection and required off-street parking.

G. Lots in two (2) districts. Where a district boundary line divides a lot in single or joint ownership of record at the time such line is established, the less-restricted portion of such lot shall extend not more than thirty (30) feet into the more-restricted portion, provided that the lot has frontage on a street in the less-restricted district.

H. Front yard exceptions. When an unimproved lot is situated between two (2) improved lots with front yard dimensions less than those required for the district, the front yard required may be reduced to a depth equal to the average of the two (2) adjoining lots; provided, however, that in no case shall the front yard be reduced by more than fifty percent (50%) of the required front yard for that district.

§ 124-14 Home occupation regulations.

It is the intent of this section to regulate the operation of home occupations so that the average neighbor, under normal circumstances, will not be aware of the existence of the home occupation except for a permitted sign and required parking. Any home occupation or expansion of a home occupation shall be a conditional use, and in addition to the criteria in § 124-44 and all other applicable standards of this chapter, the following standards shall apply:

A. The home occupation(s) must be clearly incidental and secondary to the use of the dwelling as a residence.

B. The total area used by all home occupations on the premises does not exceed twenty-five percent (25%) of the gross floor area of the dwelling unit, including basement, and accessory structures as existed at the effective date of this chapter, but not to exceed five hundred (500) square feet in any case.

C. No outdoor display or display visible from outdoors or outdoor storage of materials, goods, products, supplies or equipment used in the home occupation(s) shall be permitted.

D. There shall be no visible evidence that the residence is being operated as a home occupation except for the permitted sign and required parking area.

E. The home occupation(s) shall be conducted only by a member of the family residing in the dwelling, and not more than one (1) person other than residents of the dwelling shall be employed on the premises.

F. Off-street parking shall be provided on the premises as required by this chapter to prevent parking on any public or private right-of-way.

G. No home occupation use shall generate nuisances such as traffic, noise, vibration, glare, odors, fumes, electrical interference or hazards to any greater extent than what is usually experienced in the residential neighborhood.

H. No goods or items for retail or wholesale sale shall be permitted except for art, craft or similar items produced or created on the premises, and the display area for the same shall not exceed one hundred fifty (150) square feet. Mail order or sales businesses not involving customer contact on the premises or wholesale brokering not involving stock on the premises shall be permitted.

I. The professional practice of medicine, dentistry, architecture, law and engineering, artists, beauticians, barbers and veterinarians and similar types of professional practice uses shall be limited to practitioners who reside on the premises.

J. Section 124-20, Performance Standards, shall also apply to home occupations.

K. The Borough Council may require documentation that adequate sewage disposal will be provided for the proposed home occupation.

L. The Borough Council shall attach any and all necessary conditions to assure compliance with this § 124-14, and such conditions may include hours of operation, water use restrictions, sewage disposal requirements, screening and other conditions deemed necessary.

§ 124-15 Accessory uses, buildings or structures.

A. Detached building. No detached accessory building or structure shall be erected in any required front yard.

B. Accessory buildings. All detached accessory buildings or structures, and all television satellite reception dishes, shall maintain a rear yard setback of two feet and a side yard setback of two feet except as allowed in § 124-13B(1). All accessory buildings or structures attached to the principle structure shall meet all required setbacks for the principal structure.

[Amended 11-14-1995 by Ord. No. 248; 2-6-2007 by Ord. No. 287]

(1) Unless specifically noted, the setback provisions of this chapter shall not apply to fences or walls. (NOTE: When issuing zoning permits for fences or walls to be placed on the property line, it’s suggested that the Zoning Officer make recommendation to the property owner to discuss the proposed structure with the owner of the neighboring property, since maintenance is likely to be needed on both sides, and if the fence/wall is placed on the property line, that would typically need to be done from the neighboring property.)

C. Swimming pools. Aboveground swimming pools that are designed to contain a water depth of 24 inches or more must be located in a rear or side yard only, not less than four feet from the side or rear lines. Below-ground pools that are designed to contain a water depth of 24 inches or more must be located in a rear or side yard only, not less than 10 feet from side or rear lines. All such pools shall be considered accessory structures and shall require a zoning permit. Below-ground pools shall be entirely enclosed with a permanent fence not less than four feet in height of a design to restrict access to the pool, and such fence shall contain a gate that can be locked. Aboveground pools shall be equipped with retractable or removable ladders. Access to all pools shall be restricted when not in use.

[Amended 8-5-2008 by Ord. No. 305]

§ 124-16 (Reserved)

§ 124-17 Sign regulations.

[Amended 7-6-2004 by Ord. No. 275; 10-2-2007 by Ord. No. 296; 10-2-2007 by Ord. No. 297; 10-2-2007 by Ord. No. 298; 10-2-2007 by Ord. No. 299; 10-2-2007 by Ord. No. 300; 5-14-2024 by Ord. No. 2024-005]

A. Permits required. No sign shall be erected, altered or relocated except in conformity with this chapter until a permit, if required, for the same has been issued by the Zoning Officer. For the purpose of this § 124-17, "alter" shall include any change in size, height, or wording due to change in business name or change in the business that the sign represents, and “relocate” shall include any change in the physical location of the sign. The repainting, changing of parts and preventative maintenance of signs shall not require a permit.

B. Signs requiring no permits. The following signs shall be permitted in all districts and no permits shall be required.

(1) Signs advertising the sale or development of the premises upon which they are erected and signs bearing the words "sold" or "rented" or similar phrases, together with the name of the person effecting sale or rental. Although a permit is not required, the following standards shall apply to all such signs:

(a) The surface area of each sign face shall not exceed six square feet.

(b) Not more than two signs shall be placed on any one premises.

(c) Such signs are not illuminated.

(d) Such signs shall be removed within 14 days after completion of the project or the sale, rental or lease of the subject property.

(2) Signs to provide for the normal and safe flow of traffic into and out of the place of business such as entrance, exit and parking signs. Such signs shall not be of a size greater than necessary for persons of normal visual acuity to observe and shall contain no advertising material.

(3) Signs of mechanics, painters and other artisans, which may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected, provided that the surface area of each sign face does not exceed 12 square feet and such signs are removed promptly upon completion of the work.

(4) Trespassing signs or signs indicating the private nature of a driveway or property, provided that the size of any sign shall not exceed two square feet.

(5) Business signs.

(a) Signs, not exceeding two square feet in size, and one per business entrance, which indicates whether the subject business is open or closed. Flags may be used for this purpose if hung from a vertical pole and are permitted to drape naturally from that pole. Flags displayed in this manner may not exceed three feet by five feet in size, and they do not hinder sight distances or infringe on pedestrian traffic, and are limited to one flag per business.

(b) Signs, not exceeding two square feet in size, and one per business entrance, which indicate hours of operation of the subject business.

(6) Legal notices: identification, informational or directional signs erected or required by governmental bodies; official traffic signs and signals; other state, county, school district or municipal government signs.

(7) Signs offering the sale of farm products or nursery products raised on the premises, provided that the area of any such sign shall not exceed six square feet and not more than one such sign shall be erected on any one premises.

C. General sign regulations. The following regulations shall apply to all signs:

(1) With the exception of billboards, a sign shall be permitted only in connection with the permitted use on the premises.

(2) All signs shall be removed when the reasons for their erection no longer apply. The Zoning Officer may identify such signs and notify the property owner of the violation and establish a reasonable time period for the removal of the sign. If such sign is not removed within said time period, the property owner shall be subject to the fines and penalty provisions for violation of this chapter.

(3) Signs shall be permitted on the roof or above the roofline of the building to which they are attached, but shall not exceed the maximum building height permitted for the district.

(4) (Reserved)

(5) Signs, other than official traffic signs, shall comply with the requited setbacks as established for accessory structures (except billboards shall comply with setback for a principal structure) in the subject zoning district.

(6) Signs other than official traffic signs and signs permitted by § 124-17C(3) shall not project into, onto or over any public right-of-way or alley and shall not be erected, installed, maintained or replaced so as to be a hazard to the users of a public right-of-way or alley.

(7) No signs shall be erected, installed or maintained in a location which will constitute an obstruction to vision or endanger the safety of the traveling public.

(8) No sign, except a public sign, visible from a public street shall use the words "stop," "danger" or any other word, phrase, symbol or character which could be interpreted by a motorist as being a public safety warning or traffic sign.

(9) No sign shall be so constructed, erected or located which would create a safety hazard by obstructing the visibility of a motorist or pedestrian proceeding along the public way or entering or leaving a parking lot or any road intersection.

(10) No revolving or any other type of moving animated or electronic message sign shall be permitted with the exception of barber poles and time and temperature indicators. However, electronic message signs shall be permitted provided the display face of the sign does not exceed three square feet in size, and the viewing angle of the sign is not directly visible to the motoring public. Signs will have to be parallel to the facing roadway and attached to the building or inside a window.

(11) No sign shall be attached to any tree, fence or other object not specifically intended for sign support except for "no trespassing" signs, legal warning or other private signs not exceeding two square feet in surface area and conforming yard sale signs. No sign shall be attached to any utility pole.

(12) Freestanding signs and sign structures shall not exceed a height of 20 feet from the average natural grade measured to the top of the sign.

(13) All signs, with the exception of permitted temporary signs, shall be permanently attached to the ground or a structure. Portable signs shall not be permitted except in accord with §§ 124-17I and 124-17N of this chapter.

(14) Signs shall be constructed of durable material and be maintained in good condition.

(15) Signs shall be illuminated only by a steady, stationary (excepting for indicators of time and temperature), shielded light source directed solely at the sign or internal to it, without causing glare for motorists, pedestrians or neighboring premises. No interior or exterior light shall be permitted that by reason of intensity, color, location, movement or direction of its beam may interfere with public safety. This shall include flashing, oscillating and spot lights when improperly placed. No sign shall resemble traffic signals.

D. Business and institutional signs. Freestanding, overhanging and facade signs shall be permitted for the identification of any business, profession, manufacturing plant or other commercial establishment (hereinafter referred to as "business") or any public or semipublic use, school, church, hospital or similar institution (hereinafter referred to as "institution") which is permitted in accord with this chapter. Such signs may only be placed on and maintained by the owner, lessee or occupant of land upon which is located the main office or principal place of business or institution or where a branch office, store, warehouse or other principal permitted facility is maintained by said owner, lessee or occupant. In the case of freestanding and overhanging signs, advertising material may be shown on each side of the sign.

(1) Freestanding signs. In cases where a freestanding sign is used, no overhanging sign shall be permitted. Not more than one freestanding sign shall be permitted along each road frontage of the subject parcel. The surface area of each sign face shall not exceed two square feet for each linear foot of horizontal building facade length along the road frontage, but not to exceed 80 square feet.

(2) Overhanging signs. In cases where an overhanging sign is used, no freestanding signs shall be permitted. Not more than one overhanging sign shall be permitted for each business or institution premises. However, an overhanging sign may be used along each public road right-of-way which the subject parcel abuts. The surface area of each sign face shall not exceed 12 square feet. The minimum horizontal distance between overhanging signs on adjoining structures shall not be less than six feet, and no overhanging sign shall be erected above or below another overhanging sign except in accord with § 124-17H. The lowest part of any overhanging sign projecting over a public sidewalk or walkway shall be at least 10 feet above the sidewalk or walkway grade and shall conform to front yard setbacks; however, maximum projection shall not exceed six feet, and in no case shall any overhanging sign project into any public road right-of-way except on Pennsylvania Avenue if the proper permit is obtained from the Pennsylvania Department of Transportation.

(3) Facade sign. In addition to the signs permitted in Subsection D(1) and (2) of this subsection, business or institution signs may be attached to the facade of the principal structure. Said signs shall only be attached to the facade of the building which abuts a public road right-of-way, unless the front entrance(s) of the individual business(s) face the driveway or parking area of the building, in which case, said sign may be attached to that facade instead. Said signs shall be attached directly to and in the same plane of the facade and shall not project more than six inches from the facade. The total aggregate surface of the sign(s) shall not exceed 5% of the facade area along the road frontage, but not to exceed a maximum of 100 square feet.

(4) Sign text. The text on any sign permitted by this Subsection D shall not contain information or advertising for any product not sold or any service not provided on the premises.

(5) Canopies and awnings. In addition to the other signs permitted by this Subsection D, a canopy or awning shall be permitted, provided that the lowest part of the canopy or awning is not less than eight feet above the sidewalk and bears no text or other advertising except the name of the business or institution and shall be fully supported by attachment to the building, and no posts to the sidewalk or which encroach on the sidewalk or into any public road right-of-way shall be permitted.

(6) Bulletin boards. One bulletin board sign, not to exceed 12 square feet in surface area for each sign face, shall be permitted for schools, churches, public buildings and similar institutional uses, said sign to be used solely for the display of information applicable only to the subject use.

(7) Directional signs. Signs giving directions to institutional or business establishments (but not including home occupations) not located on Pennsylvania Avenue, provided that the sign surface area does not exceed four square feet. Such signs shall be limited to one per establishment, and the written permission of the property owner upon whose premises the sign is erected shall be required.

E. Billboards. The following regulations shall apply to all billboards:

(1) Billboards shall comply with all applicable state and federal regulations governing outdoor advertising.

(2) Billboards shall be permitted in the C-2 District only.

(3) A billboard may only be erected on a lot or parcel of property which fronts on Pennsylvania Avenue.

(4) Not more than one billboard shall be erected on any lot or parcel of property; and in no case shall a billboard be located closer than 300 feet to any other billboard.

(5) No billboard shall exceed 200 square feet in surface area.

(6) All billboards shall maintain a side yard setback of not less than 25 feet and shall be located not less than 30 feet nor more than 75 feet from the adjoining public road right-of-way line.

(7) No billboard shall be attached to or erected on any other building or structure.

F. Home occupation signs. Home occupation or nameplate signs displaying the name and address of the occupant or the profession or activity of the occupant of a dwelling unit shall be permitted, provided that not more than one such sign shall be erected on any premises. The surface area of each sign face shall not exceed two square feet, and the sign shall meet the setback requirements for principal structures in the subject district.

G. Residential development and multifamily project signs. The following signs shall be permitted:

(1) Freestanding real estate signs for advertising the sale or rental of the premises upon which the sign is erected, provided that the sign surface area does not exceed 32 square feet and that there shall be no more than one such sign on any one lot on the same street frontage. For the purpose of this chapter, multifamily dwelling units shall not be advertised by such real estate signs for more than 12 months after building construction is completed.

(2) Directional signs, not to exceed a surface area of two square feet, erected within the project to direct persons to a rental office or sample apartment.

(3) Facade signs to identify the individual buildings within the project, provided that such signs do not exceed six square feet and are limited to one per building and are attached to the building facade.

H. Shopping center or multiple commercial or institutional occupant signs.

(1) One freestanding sign identifying the multiple occupant building is permitted on the premises of such project, provided that the sign surface area does not exceed 32 square feet.

(2) One sign identifying each business or profession located in the building is permitted, provided that the sign surface area does not exceed 10 square feet. Such signs shall be attached to the same frame as the project sign.

(3) In addition, one sign for each occupant of the building may be attached to the principal structure in accord with Subsection D(3) above.

I. Temporary signs. The following temporary signs shall be permitted upon obtaining a permit:

(1) Special advertising or business identification signs or banners not exceeding 32 square feet in total surface area, including but not limited to signs announcing to the general public any special events such as commercial sales days, cultural or entertainment attractions or charitable activities. Such signs shall not be erected more than one week prior to the activity and shall be permitted for the length of the activity, but in no case exceeding 21 days; and not more than three such signs shall be permitted for any establishment in any calendar year.

(2) Temporary signs announcing a nonpolitical campaign, drive or event of a civic, nonprofit, educational or religious organization, provided that such sign shall not exceed 120 square feet in sign surface area. Such signs shall not be erected more than two weeks prior to the function and shall be removed immediately upon the completion of the function. If not located on the premises of the advertising organization, such signs shall require the written permission of the property owner upon whose premises the sign is erected.

J. Nonconforming signs.

(1) Nonconforming signs shall be those signs not in compliance with this chapter and existing prior to the effective date of this chapter or any amendments hereto.

(2) No nonconforming sign shall be changed, expanded or altered in any manner, including but not limited to sign area, location and/or height, except to bring the sign into conformity. No nonconforming sign shall be moved in whole or in part to any other location where it would remain nonconforming.

(3) Termination of nonconforming signs.

(a) Unsafe signs. Signs shall be governed by the requirements of Chapter 49 of the Matamoras Borough Code with regard to an unsafe building or structure, as defined by § 49-3 of said Code.

(b) Termination by abandonment. Any nonconforming sign structure, the use of which as a sign is discontinued for a period of 45 consecutive days, regardless of any intent to resume or not to abandon such use, shall be presumed to be abandoned and shall not thereafter be reestablished except in full compliance with this chapter.

(c) Termination by damage or destruction. Any nonconforming sign damaged or destroyed, by any means, to the extent of 1/3 of its replacement cost new shall be terminated and shall not be restored.

K. Nuisance signs.

(1) No owner of any sign or lessee or owner of any land upon which the sign is located shall permit such sign to become unsightly or in disrepair so as to endanger the public or to become a public nuisance.

(2) In the event that such a nuisance sign is not repaired or properly restored or removed within 30 days after written notice has been given to the owner of the sign or the owner or lessee of the land upon which the sign is located, the Borough Council may institute appropriate actions to prevent the violation or abate the nuisance.

L. Political signs. The erection of political campaign signs advertising a candidate for a governmental election shall be permitted in any district in accord with the standards in this § 124-17. All such signs shall be removed within seven days following the election for which the signs were erected.

M. Recreational districts.

(1) Advertising signs and other signs authorized by the Borough Council shall be permitted in R Recreation Districts, provided that the surface area of each sign face does not exceed 50 square feet, and provided that permission as to the location, nature and content thereof is first obtained from Borough Council by resolution duly adopted.

(2) All other signs shall be permitted in R Recreation Districts, provided that they do not exceed 32 square feet in size.

N. Sandwich board signs. Sandwich board signs are not permitted in any district of the Borough of Matamoras, except those permitted as temporary signs (reference § 124-17I).

O. Window and door signs shall be defined as signs visible on or through the glazed portion of any window or door of a business establishment. Window and door signs shall not exceed 25% of the glazed surface to which it is applied to or can be seen through. The maximum aggregate area of any permanent, temporary or combination of both shall not exceed 25% of the individual glazed area.

§ 124-18 Off-street parking and loading.

[Amended 6-11-2024 by Ord. No. 2024-006]

A. Availability of facilities. Off-street parking, loading and unloading facilities shall be provided to lessen congestion in the streets. The facilities required herein shall be available throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either covered garage space or uncovered parking lot space located off the public right-of-way. The following parking requirements shall not apply to existing nonresidential uses in the General Commercial District; however, all residential uses and any new nonresidential buildings in the General Commercial District (C-2) shall comply with the requirements of this § 124-18.

B. Size and design of parking spaces. Parking shall be provided in accord with an overall parking plan which takes into consideration access design and control, size and shape of the parking area, types of vehicles using the parking area, traffic patterns and other applicable considerations. At the minimum, all parking areas shall be designed in accord with the standards in this Subsection B and shall in all cases be adequate in size and design for the vehicles for which its use is intended.

(1) The net parking space per vehicle shall be not less than nine feet wide and 19 feet long.

(2) Garages and carports not in the public right-of-way may be considered parking spaces.

(3) All dead-end parking lots shall be designed to provide sufficient backup area for the end stalls of the parking area.

(4) No more than 15 contiguous spaces shall be permitted in any continuous row without interruption by landscaping.

(5) No more than 60 parking spaces shall be accommodated in any single parking area.

(6) No more than two interconnected parking areas shall be permitted without having direct access to a public street or a private street meeting borough street standards.

C. Lighting. Any lighting used to illuminate any off-street parking shall be so arranged as to reflect the light away from adjoining premises and public rights-of-way.

D. Public rights-of-way. Parking, loading and unloading of vehicles shall not be permitted on public rights-of-way, except in designated areas and in accord with Borough parking regulations. Parking areas shall not be designed or located so as to require or encourage cars to back into a public or private street in order to leave the lot.

E. Reduction of existing parking. Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to an amount less than that required under this chapter.

F. Number of spaces to be provided.

(1) Any structure or building which is not exempted by Subsection A, which hereafter is erected, converted or enlarged for any of the following uses, or any open area hereafter used for commercial purposes shall be provided with off-street parking spaces adequate to serve such use but with not fewer than the minimum spaces as set forth below, which spaces shall be readily accessible to the uses served thereby. Fractional numbers of parking spaces shall be increased to the next whole number.

(2) For projects involving more than one use and/or structure, the total number of parking spaces required shall be determined by summing the number of spaces for each individual use. In cases where the specific use of space cannot be identified as, for example, in multiple occupant commercial buildings or shopping centers, parking shall be provided at the rate of one space per 200 square feet of gross floor area of the building.

(3) Parking for the handicapped shall be provided in accord with state requirements.

(4) Should the applicant provide evidence that the number of parking spaces required by this section is not necessarily required to meet the immediate needs of the proposed use, the number of spaces provided may be reduced as a conditional use by a maximum of 50%, provided that sufficient and suitable area is dedicated to future parking to meet the normal standards in this § 124-18 and the applicant shall agree, in writing, to install the parking at the direction of the Borough Council. Reserve parking areas shall be included in the calculation of lot coverage area. Parking facilities used jointly by two or more principal uses shall be considered conditional uses.

Use	Parking Spaces Required
Dwellings
One- and two-family	2 per dwelling unit
Multifamily	2 per dwelling unit
Homes for handicapped or infirm, nursing homes, group care homes, halfway houses and similar uses	3 per every 5 beds
Hotels, motels, boarding and tourist homes, bed-and-break-fast establishments and other uses providing overnight accommodations	1 per bedroom, plus 1 per employee on the largest shift
Sales and rental of goods, merchandise and equipment
Retail establishments	1 per 200 SFGFA
Wholesale establishments	1 per 400 SFGFA
Offices, research facilities and services not primarily related to goods
Serving customers or clients on premises such as attorneys, physicians, insurance and travel agents	1 per 200 SFGFA
Drive-in banks	1 per 200 SFGFA, plus reservoir lane capacity equal to 5 spaces per drive-in window
Serving little or few customers or clients on premises, such as corporate offices	1 per 400 SFGFA
Manufacturing, processing, renovating, assembling goods, merchandise and equipment	1 per 400 SFGFA
Educational, cultural, religious, social, fraternal uses
Public schools
Elementary and middle schools	1.75 per classroom
High schools	5 per classroom
Trade and vocational schools, colleges	1 per 100 SFGFA
Churches, synagogues and temples	1 per every 4 seats used for services
Libraries and museums, social, fraternal clubs and lodges and similar uses	1 per 300 SFGFA
Recreation, amusement and entertainment
Bowling alleys, skating rinks, indoor athletic or exercise facilities and similar uses	1 per every 3 persons of fully utilized design capacity (if measurable in such fashion), otherwise 1 per 200 SFGFA
Movie theaters, stadiums and similar uses with seating accommodations	1 per every 4 seats
Public and private outdoor recreation facilities such as golf courses, swimming pools and similar uses	1 per 200 SFGFA, plus 1 per every 3 persons of fully utilized design capacity
Hospitals, clinics and other medical treatment facilities	2 per bed or 1 per 150 SFGFA, whichever is greater
Restaurants, bars, taverns and other eating establishments	1 per 100 SFGFA, plus reservoir lane capacity equal to 5 spaces per drive-in window
Vehicle related uses
Sales, service, repair	1 per 200 SFGFA
Gas sales	1 per 200 SFGFA, plus sufficient parking area at pumps which does not interfere with other required spaces
Car wash	1 per 100 SFGFA, plus 2 reservoir spaces in front of each stall for self-serve and 5 reservoir spaces for conveyor type
Warehousing and storage	1 per 4,000 SFGFA
Miscellaneous uses
Veterinary	1 per 200 SFGFA
Open air sales	1 per 1,000 square feet of lot area used for display or sales
Nursery schools and day care	1 per 200 SFGFA
Greenhouses	1 per 200 SFGFA
Emergency services	1 per 200 SFGFA
Junk and scrap yards	1 per 200 SFGFA
Post office	1 per 200 SFGFA

NOTE:

"SFGFA" means "square feet of gross floor area." Gross floor area is the sum of the total horizontal areas of the several floors of a building measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for vehicles or any space where the floor-to-ceiling height is less than six feet.

(5) For uses not specifically provided above, the Borough Council, with the recommendation of the Planning Commission, shall determine the required number of spaces based upon the similarity of the proposed use to the uses provided.

G. Loading and unloading areas. In addition to the off-street parking spaces required above, the Borough Council, with the recommendation of the Planning Commission, may for conditional uses, or the Zoning Hearing Board for special exceptions may, require the developer of any building erected, converted or enlarged in any district for commercial, office building, hotel, motel, restaurant, manufacturing, wholesale, hospital or other nonresidential uses to provide adequate off-street areas for loading and unloading of vehicles. In cases where the use is located in the I Industrial District, the loading space shall be a minimum of 35 feet in depth and 12 feet in width, with an overhead clearance of 14 feet. In no case where a building is erected, converted or enlarged for commercial, manufacturing or business purposes shall any public right-of-way be used for loading or unloading of materials.

H. Access to off-street parking and loading areas. There shall be adequate provisions for ingress and egress to all parking and loading spaces designed for use by employees, customers, delivery services, salespeople and/or the general public. Where a parking or loading area does not abut on a public right-of-way or private alley or easement of access, there shall be provided an access drive not less than 12 feet in width per lane of traffic and not less than 18 feet in width in all cases where the access is to storage areas or loading and unloading spaces required hereunder. Access to and from all off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined separate or common entrances and exits and shall comply with the following provisions:

(1) Access drive design and sight distance for access to Borough and state roads shall comply with the standards contained in the most current edition of PA Code Title 67, Transportation, Chapter 441, Access to and Occupancy to Highways by Driveways and Local Roads.

(2) Each entrance and exit shall be clearly defined with curbing, fencing, landscaping or vegetative screening so as to prevent access to the area from other than the defined entrance and exit.

I. Parking and loading area setbacks. All parking and loading areas and parallel circulation and service lanes shall be separated from the paving edge of a public right-of-way or adjoining property lines by a buffer area at least five feet in depth unless said area is shared in accord with Subsection L. All access drives and parking lots serving multifamily dwellings and nonresidential uses shall be at least five feet from any building on the lot.

J. Surfacing. Any off-street parking area shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface, such as a gravel, concrete or bituminous concrete surface, and shall be so arranged as to provide for orderly and safe parking and storage of vehicles.

K. Off-lot parking. When required accessory off-street parking facilities are provided elsewhere than on the lot on which the principal use is located, they shall be under the legal control, as demonstrated by either by deed or long-term lease, of the owner or lessor of the property occupied by such principal use. If approval is granted for a principal use that is conditioned upon maintenance of off-lot parking facilities in a specific location, it is the responsibility of the applicant to maintain the legal right to use those facilities. If applicant's legal right to use the off-lot parking ceases, the principal use shall also cease. Applicant shall not change the location of approved off-lot parking without first obtaining further approval.

L. Joint use parking. In cases where two principal uses share a common property line, shared parking facilities may be utilized. Applications for joint parking shall be considered conditional uses. The arrangement for joint use parking shall be provided by deed restriction for the portion of each parcel included in the shared arrangement. The joint use parking area may span the common property line, thereby eliminating the setback required in Subsection I. The standards in Subsection F for number of spaces to be provided shall apply to joint use parking. To the extent that principal uses operate at different times, the same spaces may be credited to both uses. (Example: If a church parking lot is generally occupied only to 10% of capacity on days other than a Sunday, another development not operating on a Sunday could make use of the unused church lot spaces on weekdays.)

M. Existing parking areas. No existing parking area or any off-street parking shall be eliminated, reduced in size or otherwise altered so that any use is served by less parking than is required by this chapter. Any such change shall require conditional use approval.

N. Parking for residential use. Off-street parking shall be provided in accord with this § 124-18 for all residential uses in all districts.

O. Parking and storage of certain vehicles. Automotive vehicles, boats or trailers of any kind or type without current license plates shall not be parked or stored on any public street or any required front yard of any residentially zoned property.

§ 124-19 Floodplains.

The Matamoras Floodplain Development Ordinance (Borough Ordinance No. 202)[1] shall apply to all zoning districts; and all uses, structures and buildings shall comply with the standards of said ordinance, in addition to the requirements of this chapter.

[1] Editor's Note: See Ch. 63, Floodplain Development.

§ 124-20 Performance standards.

The following performance standards shall apply to all commercial, manufacturing and other nonresidential uses. (As used in this § 124-20, "borough" shall mean the Borough Council for conditional uses and the Zoning Hearing Board for special exceptions.)

A. Yards and buffers. Unless otherwise regulated by this chapter, where a commercial or manufacturing use is proposed contiguous to any existing residential use or any R-1 or R-2 District, side and rear yard setbacks shall be increased to ten (10) feet. Storage of equipment, supplies, products or any other materials shall not be permitted in any front, rear or side yard setback areas. Additional setbacks, buffer areas or fencing may be required by the borough if the nature of the proposed use as determined by the borough so requires. In the case of a conditional use or special exception, the borough may require landscaped buffers in any yard in order to assure the protection of adjoining uses by providing visual barriers that block the glare of lights, reduce noise, serve as a protective barrier by blocking physical passage to dangerous areas and reduce air pollution, dust and litter and to otherwise maintain and protect the rural character of the district.

(1) In determining the type and extent of the buffer required, the borough shall take into consideration the design of the project structure(s) and site, topographic features which may provide natural buffering, existing natural vegetation and the relationship of the proposed project to adjoining areas.

(2) The width of the required buffer, as determined by the borough, shall not be less than twenty percent (20%) of the required setback distances.

(3) A mix of ground cover and shrubbery vegetation and canopy trees of such variety compatible with the local climate may be required so that a dense screen not less than four (4) feet in height will be formed within three (3) years of planting.

(4) Berms and landscaped walls or fences compatible with the principal building design may be incorporated in the required buffer.

(5) In any case, special consideration shall be given to existing residential uses and sites where residential uses are likely to be developed. In cases where the adjoining use is a commercial use or when two (2) or more adjacent properties are developed under a common site plan, the width and density of the buffer may be reduced if the borough shall determine that the proposed use and adjoining use(s) are not incompatible.

(6) Design details of buffers shall be included on the site plan, and buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for land developments in the Borough Subdivision and Land Development Ordinance.[1] It shall be the responsibility of the property owner to maintain all buffers in good condition and to replace any dying or dead plants or deteriorating landscape material.

[1] Editor's Note: See Ch. 108, Subdivision of Land.

B. Operations and storage. All facilities and operations of the principal use, including the storage of raw material, finished products, fuel, machinery and equipment and any other materials or supplies, shall be enclosed and carried out within a building or shall, as required by the borough, be provided with larger setbacks and/or buffers to afford protection to adjoining uses and any public road rights-of-way. Storage of materials, supplies or products in motor vehicles, truck trailers or other containers normally used to transport materials shall not be permitted.

C. Fire and explosion hazards. All activities involving any manufacturing, production, storage, transfer or disposal of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire-fighting and fire suppression equipment and devices standard in the industry shall be required. Burning of waste materials in open fires is prohibited. The relevant provisions of federal, state and local laws and regulations shall also apply. Details of the potential hazards and details of planned safety and accident response actions shall be provided by the developer for review by the local fire company(s). In the case of a conditional use or special exception, additional buffer areas or fencing may be required by the borough if the nature of the proposed use as determined by the borough so requires.

D. Radioactivity or electric disturbance. No activities shall be permitted which exceed federal standards for radioactivity emissions or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance. All applicable federal regulations shall apply.

E. Noise. Any noise source which, due to intensity, frequency, duration, location, lack of shielding or other reason which causes injury, damage, hurt, inconvenience, annoyance, or discomfort to others in the legitimate use and enjoyment of their rights of person or property shall be prohibited. Noise shall comply with Matamoras Borough Code Chapter 78, Nuisances, § 78-12.

[Amended 12-3-2002 by Ord. No. 270]

F. Vibration. No vibration shall be permitted which is detectable without instruments at the property line.

G. Lighting and glare.

(1) No light source shall be exposed to the eye except those covered by globes or defusers. Other lighting shall be indirect or surrounded by a shade to hide visibility of the light source. Lighting design should be an inherent part of the architectural design. All streets, off-street parking areas and areas of intensive pedestrian use shall be adequately lighted. Appropriate lighting fixtures shall be provided for walkways and to identify steps, ramps and directional signs. The applicant shall provide the specifications of the proposed lighting and its arrangement on the site; and all required lighting shall be considered improvements for the purpose of regulation by the Borough Subdivision and Land Development Ordinance.[2]

[2] Editor's Note: See Ch. 108, Subdivision of Land.

(2) No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, shall be permitted so as to be visible at the property line. This restriction shall not apply to signs otherwise permitted by the provisions of this chapter.

H. Smoke. No emission shall be permitted from any chimney or otherwise of visible gray smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringelmann Chart, published by McGraw-Hill Publishing Company, Inc., and copyright 1954.

I. Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable without instruments at the property line of the parcel from which the odors are emitted.

J. Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to health, to animals, vegetation or other forms of property or which can cause any excessive soiling.

K. Surface and ground water protection.

(1) All activities involving the possible contamination of surface or ground water shall be provided with adequate safety devices to prevent such contamination. Details of the potential hazards (including the groundwater characteristics of the area in which the use is proposed) and details of planned safety devices and contamination response actions shall be provided by the developer. In the case of a conditional use or special exception, the borough may require a plan to be submitted for review and approval and may require security for ensuring contamination response. Monitoring wells and water quality testing may also be required by the borough.

(2) The developer shall also provide details about the use of groundwater and any processes that could result in the depletion of groundwater supplies. No use shall be permitted which would result in the depletion of ground water supplies.

L. Landscaping. Any part or portion of a site where existing vegetation has been disturbed and which is not used for building, other structures, loading or parking spaces and aisles, sidewalks, designated storage areas or other improvements shall be provided with an all-season ground cover and shall be landscaped in accord with an overall landscape plan. In the case of a conditional use or special exception, additional landscaping, screening and/or buffers may be required by the borough where buffers are determined by the borough as necessary to protect adjoining uses. Said landscaping plan shall be submitted for review and approval by the borough as part of the zoning approval process.

M. Stormwater management and soil erosion control.

(1) A stormwater management plan and soil erosion control plan shall be provided by the applicant. Said plan shall be prepared and implemented pursuant to the standards contained in the Borough Subdivision Ordinance,[3] County Conservation District standards and generally accepted engineering principles appropriate for the proposed use and a ten-year design storm. Upon the recommendation of the Borough Engineer, a twenty-five-year or greater design storm, if topographic, soil or other considerations so dictate, and/or additional controls may be required.

[3] Editor's Note: See Ch. 108, Subdivision of Land.

(2) The protection of the quality of groundwater and surface water shall be an integral part of all proposed stormwater management practices; and all stormwater management plans shall include an element specifically addressing water quality. The plan shall provide for the minimization of the discharge of first flush sediments off the project site or directly to infiltration structures. Containment of first flush sediments shall be accomplished by accepted and proven engineering design and practice, including but not limited to the use of grass buffer/filter strips, grass swales, detention basins, sediment traps and special inlet devices.

N. Waste materials. No liquid, solid, toxic or hazardous waste shall be stored or disposed in any commercial area, either above or below ground level, except for the temporary storage thereof pending removal from the premises. Such temporary storage and handling of waste shall be in a designated area and shall be conducted in compliance with all applicable state and federal regulations in order to prevent any water, soil or air contamination and shall be screened from view of adjoining properties and any public road right-of-way by fencing or other buffers. In addition, no waste discharge is permitted into any reservoir, sewage or stormwater disposal system, stream, open body of water or onto the ground.

O. Handicapped access. Access for handicapped persons to all uses shall be provided in accord with all applicable state and federal requirements.

P. Sewage disposal. All uses and expansion of uses shall be provided with adequate sewage disposal facilities in accord with all applicable Pennsylvania Department of Environmental Resources (PADER) and borough standards.

Q. Water supply. All uses and expansion of uses shall be connected to the borough public water supply system.

R. Other regulations. Documentation shall be provided by the applicant demonstrating that the project complies with all other applicable local, state and federal regulations, and said proposal has obtained all required permits, certifications and authorizations, including but not limited to the Pennsylvania Department of Transportation, the Pennsylvania Department of Environmental Resources, the Pennsylvania Department of Labor and Industry, the Federal Emergency Management Agency and the United States Environmental Protection Agency.

§ 124-21 Standards for commercial communications devices.

[Added 5-5-2002 by Ord. No. 264]

The following regulations shall apply to commercial communications devices (CCD), including but not limited to cellular phone antennas, antennas for communications service regulated by the PA Public Utility Commission, other commercial antennas and associated facilities. Such CCD and support structures and associated facilities shall be permitted only in the districts as provided on the Schedule of Uses in this chapter[1] and this § 124-21.

A. Purposes:

(1) To accommodate the need for communications devices while regulating their location and number in the Borough in recognition of the need to protect the public health, safety and welfare.

(2) To minimize the adverse visual effects of communications devices and support structures through proper design, siting and vegetative screening.

(3) To avoid potential damage to adjacent properties from communications device support structure failure and falling ice, through engineering and proper siting of support structures.

(4) To encourage the joint use of any commercial communications device support structures and to reduce the number of such structures needed in the fixture.

B. Use regulations. A permit shall be required for every CCD and support structure installed at any locations, and the following use regulations shall apply:

(1) Existing tall structures. A CCD site with a CCD that is attached to an existing communications tower or other tall structure in the allowed districts where the height of the CCD does not exceed the height of the existing structure by more than 15 feet shall be permitted in all the districts as an accessory use, and conditional use approval shall not be required. Any subsequent installations above the initial fifteen-foot height increase shall be a conditional use. The applicant shall provide the following information:

(a) Evidence from a Pennsylvania-registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

(b) Detailed construction and elevation drawings indicating how the antennas will be mounted on the structure to document compliance with the applicable requirements.

(c) Evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the CCD and associated equipment can be accomplished.

(2) New structures; conditional use. A CCD site with a CCD that is either not mounted on an existing structure or is more than 15 feet higher than the structure on which it is mounted shall require conditional use approval in accord with this § 124-21 and shall be permitted only in the allowed districts.

(3) Associated use. All other uses ancillary to the CCD (including business office, maintenance depot, vehicle storage, etc.) are prohibited from the CCD site, unless otherwise permitted and approved in the zoning district in which the CCD site is located. This shall not prohibit the installation, as accessory structures, of equipment containers not intended for human occupancy to house only equipment necessary for the operation of the CCD.

(4) CCD as a second principal use. A CCD shall be permitted on a property with an existing use subject to the following land development standards:

(a) The CCD facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.

(b) The minimum lot area, minimum setbacks and maximum height required by this chapter for the CCD and support structure shall apply, and the land remaining for accommodation of the existing principal use(s) on the lot shall also continue to comply with the minimum lot area, density and other requirements.

(c) The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.

(d) The applicant shall present documentation that the owner of the property has granted an easement filed of record or other legal interest for the land for the proposed facility and that vehicular access is provided to the facility.

C. Standards.

(1) Location requirement and number. The applicant shall demonstrate, using technological evidence that the CCD must go where it is proposed, in order to satisfy its function in the company's grid system. The applicant shall also provide information about the location of the other proposed CCD sites anticipated in the grid system. The number of CCD to be installed at a site by an applicant shall not exceed the current minimum necessary to ensure the adequacy of current service required by the Federal Communications Commission (FCC) license held by that applicant The applicant must document the need for the additional CCD to ensure the adequacy of current service.

(2) Collocation; new tower. If the applicant proposes to build a tower (as opposed to mounting the CCD on an existing structure), the Borough shall require the applicant to demonstrate that it contacted, in writing, owners of tall structures within an eight-mile radius of the site proposed, asked for permission to install the CCD on those structures, and was denied for reasons other than economic ones. This would include smokestacks, water towers, tall buildings, CCD support structures of other cellular phone companies, other communications towers (fire, police, etc.) and other tall structures. The Borough may deny the application to construct a new tower if the applicant has not made a good-faith effort to mount the CCD on an existing structure, thereby documenting that there exists no other support structure which an reasonably serve the needs of the owner of the proposed CCD. A good-faith effort shall demonstrate that one or more of the following reasons apply to a particular structure:

(a) The proposed equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished.

(b) The proposed equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented.

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

(d) Addition of the proposed equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the FCC governing human exposure to electromagnetic radiation.

(e) A market-competitive agreement could not be reached with the owners of such structures.

(3) CCD height. The applicant shall demonstrate the CCD is at the height required to function satisfactorily and is no taller than necessary for the use and any other potential users as determined in Subsection C(8) below. The Borough may, as a condition of approval, require the CCD support structure to be designed and constructed to be stackable (structurally capable of being increased in height) to a height that will assure that additional carriers can be accommodated if such additional height is required in the future.

(4) Parcel size; setbacks. If a new CCD support structure is constructed or if the CCD height exceeds the height of the existing structure on which it is mounted by more than 15 feet, the minimum parcel size and setbacks in this Subsection C(4) shall apply.

(a) Separate parcel. If the CCD is manned and/or the parcel on which the CCD and support structure is a separate and distinct parcel, the zoning district minimum lot size shall apply and the setback for equipment containers, other accessory structures and guy wire anchors shall be a minimum of 25 feet. The distance between the base of the support structure and any adjoining property line or public road right-of-way shall not be less than the height of the CCD structure. The lot shall be of such size that all required setbacks are satisfied.

(b) Lease, license or easement. If the CCD is unmanned and the land on which the CCD and support structure is leased, or used by license or easement, the setback for any part of the CCD, the support structure, equipment containers, or any other accessory structures, and guy wire anchors shall be a minimum of 25 feet from the line of lease, license or easement. The distance between the base of the support structure and any adjoining property line (not lease, license or easement line) shall not be less than the height of the CCD structure, and the distance between the base of the support structure and a public road right-of-way shall not be less than 50 feet.

[Amended 3-1-2005 by Ord. No. 278]

(5) CCD support structure safety. The applicant shall demonstrate that the proposed CCD and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by manufacturers. The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed CCD and support structure will be designed and constructed in accordance with current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association, and applicable requirements of any applicable building code. Within 45 days of initial operation, the owner and/or operator of the CCD and support structure shall provide a certification from a Pennsylvania-registered professional engineer that the CCD and support structure comply with all applicable regulations.

(6) Fencing. A fence to provide an effective barrier to prevent entry to the facility shall be required around the CCD support structure and other equipment, unless the CCD is mounted on an existing structure. The fence shall be a minimum of eight feet in height. The applicant shall supply keys to emergency responders to provide access in case of emergency.

(7) Performance standards. The performance standards listed in § 124-20 of this chapter shall be applicable to this section.

(8) Collocation; other uses. In order to reduce the number of CCD support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including but not limited to other cellular phone companies, and local fire, police, emergency management, and ambulance companies. The applicant shall show evidence of written contract with all wireless service providers who supply service within the region for purpose of assessing the feasibility of collocated facilities. The applicant shall provide a report detailing the number and type of carriers which can be accommodated on the proposed structure, including the anticipated height requirements of other potential users. The proposed structure, if evidenced by need as determined by the Borough, shall be constructed, including increased height, to provide available capacity at reasonable cost for other providers should there be a future additional need for such facilities. The Borough may, as a condition of approval, require the CCD support structure to be designed and constructed to be stackable (structurally capable of being increased in height) to a height that will assure that additional carriers can be accommodated if such additional height is required in the future.

(9) Licenses; other regulations; insurance. The applicant must demonstrate that it has obtained the required licenses from the FCC, the PA Public Utility Commission and other agencies. The applicant shall also document compliance with all applicable state and federal regulations. The applicant shall submit the name, address, and emergency telephone number for the operator of the CCD, and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence, and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the CCD and support structure.

(10) Access; required parking. The applicant must comply with the requirements of § 124-18, Off-street parking and loading, in this chapter.

(11) Color and lighting; FAA and PennDOT notice. CCD support structures under 200 feet in height should be painted silver or have a galvanized finish retained, in order to reduce visual impact. Support structures may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller, or those subject to Federal Aviation Administration (FAA) regulations shall comply with the said regulations. No CCD support structure may be artificially lighted except in accord with FAA requirements. The applicant shall provide a copy of the response to Notice of Proposed Construction or Alteration forms submitted to the FAA and PennDOT Bureau of Aviation, and the CCD and support structure shall comply with all FAA and PennDOT requirements.

(12) Communications interference. The applicant shall document that the radio, television, telephone or reception of similar signals for nearby properties will not be disturbed or diminished.

(13) Historic structures. A CCD shall not be located on a building or structure that is listed on a historic register or within 500 feet of such a structure.

(14) Discontinued use; bond.

(a) Should any CCD or support structure cease to be used as a communications facility, the owner or operator or then owner of the land on which the CCD and support structure is located shall be required to remove the same within one year from the abandonment of use. Failure to do so shall authorize the Borough to remove the facility and assess the cost of removal to the foregoing parties. The Borough may also file a municipal lien against the land to recover costs of removal and attorney's fees. In the case where there is no separate parcel, the lien shall be against the entire parent parcel of land upon which the CCD and/or support structure is located by lease, license or easement.

(b) The operator of every CCD shall provide a bond to cover the cost of CCD and associated equipment removal. Nothing herein shall legally bind the governing body to effect the removal of any CCD, which shall remain the ultimate responsibility of the owner of the property upon which the CCD is located and the owner of the CCD.

[1] Amount. The amount of the bond shall be established by the governing body based upon size and nature of the proposed facility, but in no case shall the amount be less than $20,000.

[2] Form. The bond shall be executed by a surety company authorized by the laws of the Commonwealth of Pennsylvania to transact business within the Commonwealth of Pennsylvania

[3] Term; annual renewal. The bond shall be executed in favor of the Borough and shall be for the use of the Borough. The term of the bond shall be for one year, with automatic renewal.

[4] It shall be the condition of the bond that if the applicant does not fully observe and comply with the provisions of this § 124-21 and any other applicable approvals or regulations, the governing body shall have authority to use such bond to effect the required compliance and/or removal of the CCD.

(15) Fire suppression system. The applicant shall provide details about any fire suppression system installed in any structure or equipment container associated with the CCD. The applicant shall provide the Fire Department of the Borough with the appropriate fire-fighting and suppression materials.

(16) Site plan. A full site plan shall be required for all CCD and support structure sites, showing the CCD, CCD support structure, building, fencing, buffering, access, and all other items required by § 124-44 of this chapter governing information required for conditional uses. The site plan shall not be required if the CCD is to be mounted on an existing structure and the CCD does not exceed the height of the existing structure by more than 15 feet.

D. Mini cell towers and antennas, distributed antenna systems and data collection units shall be special exceptions in all zones and in public rights-of-way.

[Added 5-9-2017 by Ord. No. 331]

(1) General:

(a) Purpose. Mini commercial cell towers, including related antennas, shall be permitted in order to support distributed antenna systems (DAS).

(b) Locations. Mini commercial cell towers and/or related antennas shall be permitted on public property, private property, and public rights-of-way, subject to the conditions specified herein.

(c) Applicability. Mini commercial cell towers and/or related antennas shall be permitted as special exceptions and shall be subject to the provisions of § 124-44 hereof and all other applicable requirements of this chapter, except as otherwise specified in this section.

(2) Application requirements.

(a) Submission requirements. The following shall be in addition to all other applicable application requirements specified herein:

[1] Coverage map and general information. A narrative description and a map showing the coverage area of the provider's existing facilities that serve customers in the Borough and the specific site that is the subject of the application.

[2] A statement of the telecommunications objectives for the proposed location, whether the proposed facility is necessary to prevent or fill a significant gap or capacity shortfall in the applicant's service area, whether it is the least obtrusive means of doing so, and whether there are any alternative sites that would have fewer aesthetic impacts while providing comparable service.

[3] A copy of a sworn statement by an authorized representative that the applicant holds all applicable licenses or other approvals required by the Federal Communications Commission (FCC), the Pennsylvania Public Utility Commission and any other agency of the federal or state government with authority to regulate telecommunications facilities that are required in order for the applicant to construct the proposed facility.

[4] A copy of a sworn statement by an authorized representative that the applicant is in compliance with all conditions required for such license and approvals.

[5] A description of the number, type, power rating, frequency range, and dimensions of all wireless telecommunications facilities proposed to be installed.

[6] A site plan and elevations drawn to scale. Plans shall include microcell or roof-mounted antennas and all related equipment. Elevations shall include all structures on which facilities are to be mounted.

[7] A description of the proposals for camouflaging all facilities from public view so that the facilities will not be rendered readily visible. Where any facility or part thereof would be readily visible, the application shall explain why it can't be made not readily visible. Demonstration that the proposed methods will achieve the desired effect of minimizing visibility.

[8] If a ground-mounted or freestanding tower is proposed, the application shall include an explanation as to why other, less obtrusive facility types are not feasible.

[9] The applicant shall also include an agreement to pay the reasonable actual cost of peer review by a professional engineer to review the test information submitted with the application.

(b) Review and approval process.

[1] The Borough must take action on the application within 150 days from its submission.

[2] If the application only involves adding an antenna to an existing pole, action must be taken within 90 days.

[3] No application shall be denied if the effect of such denial would preclude telecommunications service to the subject area.

(3) Location requirements.

(a) A mini commercial cell tower may be erected within a public right-of-way if, in addition to other requirements, the Pennsylvania Public Utility Commission has issued a certificate of public convenience for its location; and, provided further, that it shall be determined by the Borough that it shall not interfere with other utilities, visibility, or other matters of public safety.

(b) Such facility may be located in the right-of-way of a state highway, approved by the Pennsylvania Department of Transportation (PennDOT).

(c) Such facilities shall not be located in residential zones unless there is evidence supporting the need for service.

(d) No freestanding facilities shall be located within 1,000 feet of other freestanding facilities unless they have been rendered not readily visible, and mounting on a building or co-location is determined to be infeasible.

(4) Height and size limits. Facilities shall be the minimum functional height and width required to support the proposed antenna installation, unless a higher tower will facilitate co-location or other objectives of this chapter; provided, however, that no mini commercial cell tower shall exceed a height of 50 feet, and no attached antenna shall extend more than five feet above the top of the tower.

(5) Aesthetics.

(a) The facility shall not be an eyesore.

(b) All facilities shall be designed and located to minimize their visibility to the greatest extent feasible, considering the technological requirements, by means of placement, screening, and camouflage. The applicant shall use the smallest and least visible antennas feasible to accomplish the owner operator's coverage or capacity objectives. All wireless telecommunications facilities proposed for locations where they would be readily visible from the public right-of-way or from the habitable living areas within 100 feet shall incorporate appropriate techniques to camouflage or disguise the facility, and blend it into the surrounding environment, to the greatest extent feasible.

(6) Lighting. All facility lighting shall be designed to meet, but not exceed, minimum requirements for security, safety, and FAA regulations, and in all instances shall be designed to avoid glare and minimize the illumination of adjacent properties. Beacon lighting shall not be included in the design of facilities unless required by the FAA.

[1] The Schedule of Uses is included at the end of this chapter as Appendix Nos. 1 through 7.

§ 124-22 Yard sales.

Individual, private, family yard sales shall be considered an accessory use in association with a permitted residential use and shall be permitted in all zoning districts. Yard sales shall comply with all the applicable requirements of this chapter and with the requirements of the Matamoras Borough Yard Sale Control Ordinance, as amended. Yard sales are meant to allow individuals to offer for sale accumulated normal household items or arts and crafts; and the buying and selling of commercial or surplus material shall be considered a commercial operation and shall be prohibited except in districts where such commercial use is permitted and only in accord with the requirements of this chapter.

§ 124-23 Gasoline service stations.

Gasoline service stations shall be subject to the following conditions:

A. Plans shall be presented detailing traffic flow within the station, points of ingress and egress and probable effects on local traffic flow. Ingress and egress points shall not be located closer than one hundred (100) feet of any intersection.

B. Service station operation shall be limited to sales and minor repairs.

C. All vehicle and parts storage areas shall be so designed and located as not to intrude into any required yard setback area. Yard areas adjacent to residential districts shall be suitably screened.

D. Main or accessory buildings shall not be located closer than fifty (50) feet to any residential district.

E. No lighting provided shall produce glare visible to adjoining residences.

F. The minimum lot area shall be ten thousand (10,000) square feet.

§ 124-24 Car washes.

Car washes shall be subject to the following conditions:

A. Automatic, semiautomatic or self-service car washes shall be limited to cleaning or waxing vehicles and shall be carried out only within an enclosed building.

B. The lot shall be so graded that process water shall not run off across the lot or onto a public street.

C. The car wash shall be designed to specifications provided by the Borough Engineer and shall meet all requirements of the Pennsylvania Department of Environmental Resources.

D. The lot area shall be sufficient to provide space for the building, required yards, drives and storage area.

E. Automobile storage or waiting space shall be provided at the rate of not fewer than five (5) vehicles for each bay in a self-service car wash and not fewer than ten (10) vehicles for each space or rated capacity within an automatic or semiautomatic car wash.

F. All vehicle storage spaces shall be designed and located so as not to intrude into any required yards. Main or accessory buildings shall not be located closer than fifty (50) feet to any residential district.

G. All lot lines adjoining residential areas shall be adequately screened.

H. Lighting provided shall not produce glare on adjoining properties.

I. Hours of operation shall be limited so as not to inconvenience residents on adjoining properties during normal sleeping hours.

§ 124-25 Dwelling units.

It is the intent of this section to establish minimum standards for the erection of dwelling units in the borough in order to protect the public health, safety and general welfare and to maintain the character of the community.

A. Foundations. All dwelling units shall be placed upon a complete, permanent, frost-free foundation consisting of a full basement or crawl space.

B. Floor space. Single-family dwellings and two-family dwellings shall contain a minimum of six hundred (600) square feet of interior gross floor area per dwelling unit, excluding basement and accessory structures.

C. Mobile homes. A mobile home may be erected as a single-family dwelling and must comply with the requirements of this § 124-25 and the lot size, yard, height, floor area, water supply, sewage and other requirements of this chapter.

§ 124-26 Two-family dwellings.

A. Districts permitted. Two-family dwellings are considered principal permitted uses in the R-2, C-1, C-2 and I Districts.

B. Common wall. In cases where the two-family dwelling is a duplex involving a common (i.e., party) wall and common property line, said wall shall be located on the common property line separating the adjoining lots. Each lot shall meet the district minimum lot size requirements and front, rear and other side yards shall be maintained as required for the applicable district.

C. Over/under units. In cases where the two-family dwelling consists of two (2) dwelling units constructed with one (1) unit located on the second floor above a first floor dwelling unit, the lot size shall be the same as for a single-family residence in the same district and required district front, side and rear yards shall be maintained. If such a two-family dwelling is proposed on two (2) or more separate lots of record, said lots shall be combined into one (1) lot prior to the issuance of a zoning permit.

D. Parking. Off-street parking shall be provided in accord with § 124-18 of this chapter.

E. Sewage disposal. Documentation shall be provided by the applicant that adequate sewage disposal will be provided in accord with borough and PADER requirements.

F. Conversions. See § 124-28.

§ 124-27 Multifamily residential.

A. General provisions.

(1) Multifamily dwellings are considered conditional uses in the R-2, C-1 and C-2 Districts in order to provide the opportunity for the development of a variety of housing types in the borough. In addition to the conditional use standards set forth in § 124-44 of this chapter and all other applicable standards, the following standards shall apply to multifamily dwellings.

(2) Multifamily dwellings shall be considered major subdivisions and land developments subject to the borough subdivision and land development regulations.[1] This major subdivision classification shall apply to all subdivision of property in connection with the development, regardless of whether or not the same are connected with building development, and the approvals required shall be requested and acted upon concurrently as one (1) subdivision. Application for preliminary approval of multifamily dwelling projects, accordingly, will be made to the Borough Planning Commission in the manner provided in the subdivision regulations. The developer shall also submit all information required by said regulations in addition to the following additional information:

(a) An application for multifamily dwelling conditional use by a letter or brief from the developer indicating how the development will specifically meet the conditional use standards contained in § 124-44 of this chapter.

(b) A proposed plot plan showing all necessary information, to include, at a minimum, location of all buildings and improvements including roads, parking areas, planting strips, signs, overall grading plan with storm drainage facilities, water supply and distribution systems, sewage treatment and collection systems and the specific areas provided as open space pursuant to the requirements of this chapter. Building layouts, floor plans and profiles shall also be provided, indicating building dimensions, numbers and sizes of units, common ownership or use areas, lighting and such other information as shall be required to determine compliance with the design standards contained herein and any other building standards which may be applicable in the borough. Setbacks from property lines, improvements and other buildings shall also be specifically shown.

(c) A schedule or plan for the purpose of dedicating, in perpetuity, the exclusive use and/or ownership of the open space required by this chapter to the prospective dwelling owners or occupants. Such agreement may be incorporated in the applicant's proposed covenants and restrictions, but shall in any event provide to the satisfaction of the borough that maintenance and use of the property, regardless of ownership, be restricted to either activities intended for the sole benefit of the occupants of the particular project proposed or permanent open space as hereinafter provided.

[1] Editor's Note: See Ch. 108, Subdivision of Land.

B. Permitted uses. Multifamily dwelling buildings shall consist solely of residential dwelling units, rental office, recreational and parking facilities. However, coin-operated washing and drying machines and vending machines for food, beverages, newspapers or cigarettes located inside the building shall be permitted, provided that these are for the tenants' use only. Sample apartments or townhouses for display purposes shall be permitted for each type of construction.

C. Water and sewer systems. The proposed development shall be served by the borough water supply and a sewage disposal system approved by the Department of Environmental Resources.

D. Area and bulk regulations. All multifamily dwelling developments shall conform to all of the requirements in this § 124-27D:

		Townhouses1	Apartment Buildings
	Minimum gross lot area (acres)	0.5	0.5
	Minimum lot depth to width ratio	4:1	4:1
	Minimum side yard (feet)	302	30
	Minimum rear yard (feet)	30	30
	Minimum front yard (feet)	30	30
	Distance between buildings	See § 124-27E(2)
	Maximum dwelling units per gross acre	8	10
	Minimum usable open space devoted solely to recreational use and activities	10% of the tract3	10% of the tract3
	Maximum height	3 stories, but not greater than 30 feet
	Maximum number of units per building	6	8

	NOTES:
		1	Minimum width of a townhouse dwelling shall be twenty (20) feet per unit.
		2	Applies to end building only.
		3	Usable open space shall not include front, side and/or rear yards of an individual building.

E. Design requirements. All multifamily dwelling developments shall conform to all of the requirements in this § 124-27E.

(1) The developer should vary architectural treatments within apartment projects, between individual apartments and between dwelling units in a townhouse development. Variations may include those of exterior elevation, building setbacks, provision of balconies, architectural details, pitch of roof, exterior materials or use of color. Variety and flexibility in design layout and arrangement of buildings, parking areas, services, recreation areas, common open space and planting that fully considers the particular physical characteristics of the site and natural amenities is highly desired.

(2) The horizontal distance between any multifamily buildings shall be not less than the height of the highest adjoining building, but in no case less than twenty (20) feet.

(3) Access and service shall be provided in the front of each townhouse. Parking may be provided on the lot, as carports, as an integral part of the townhouse, or a joint parking facility for a group of townhouses with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities and methods of assigning charges for maintaining snow removal and repairs. (See also § 124-18.)

(4) Usable open space devoted to recreational use as herein required shall be designed for use by tenants of the development and shall be improved and equipped by the developer in accordance with plans submitted to and approved by the Borough Council.

(5) In the event that a development is designed to contain more than one (1) permitted use, the plan submitted shall indicate an area designation for each such use, and all requirements of this chapter for each area so designated shall be met.

F. Parking facilities.

(1) Number of spaces. Off-street parking, whether garage or on-lot, shall be provided on the premises at the rate of two (2) spaces for each dwelling unit.

(2) Requirements for parking lots shall conform to the applicable requirements of § 124-18 of this chapter.

(3) Site requirements.

(a) Entrance and exit drives and interior access roads shall be designed so vehicles entering or leaving the site cannot be blocked.

(b) Entrance and exit drives shall have a minimum width of twelve (12) feet for each lane of traffic entering or leaving the site, but shall at no time exceed thirty (30) feet in width.

G. Drainage. Section 108-27 of Chapter 108, Subdivision of Land, and all storm drainage provisions of other borough ordinances shall apply to all multifamily developments.

H. Lighting. Lighting for buildings, accessways and parking areas shall be so arranged as not to reflect toward public streets or cause any annoyance to building occupants or surrounding property owners or residents.

I. Storage of trash and rubbish. Exterior storage areas for trash and rubbish shall be well-screened on three (3) sides and the trash and rubbish contained in covered, vermin-proof containers. Interior storage areas for trash and rubbish shall at all times be kept in an orderly and sanitary condition.

J. Conversions of existing structures. Conversions of any existing structures to multifamily dwelling use, regardless of whether such conversions involve structural alteration, shall also be considered conditional uses and, moreover, be subject to the provisions of this § 124-27, including but not limited to density requirements. (See also § 124-28.)

K. Common property ownership and maintenance.

(1) In cases where the ownership of common property is involved, evidence of arrangements for the continuous ownership and maintenance of the same shall be provided by the developer for approval by the borough. This shall specifically include but not be limited to provisions dealing with the ownership and maintenance of open space, improvements and utilities. Said arrangement shall indemnify the borough of any responsibility associated with the same. The developer shall also submit evidence of compliance with the Pennsylvania Condominium Law[2] or an attorney's opinion that said law does not apply to the subject project.

[2] Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

(2) If a property owners' association is proposed, it shall be governed by the following requirements:

(a) The association shall be formed by and with the financial assistance of the developer, if necessary, prior to the sale of any lots or units.

(b) Membership in the organization shall be mandatory for all owners in the project and their successors.

(c) The association shall be responsible for maintaining, insuring and paying taxes on common property, and costs of the same shall be shared equitably by the members in accord with the bylaws and procedures established by the association.

(d) Such staff or services as are necessary to maintain and administer common property and facilities shall be provided by the association.

§ 124-28 Conversion of dwellings.

Any conversion of any building to a residential use or the conversion of any dwelling to accommodate additional dwelling units shall be considered a conditional use and, in addition to the other applicable standards in this chapter, the standards in this section shall apply.

A. General requirements. The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families shall be permitted only within a district in which a new building for similar occupancy would be permitted under this chapter and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to dwelling unit, living space, lot coverage, dimensions of yards and other applicable standards.

B. Structural alterations. If the proposed project involves structural alterations, the application shall include a certification of a registered architect or engineer that the existing building is structurally sound and that the proposed conversion will not impair its structural integrity.

C. Parking. Off-street parking shall be provided in accord with § 124-18 of this chapter.

D. Sewage disposal. Documentation shall be provided by the applicant that adequate sewage disposal will be provided in accord with borough and PADER requirements.

§ 124-29 Residential/commercial mixed use.

Residential/commercial mixed uses in a single principal structure are considered conditional uses in the C-1 and C-2 Districts in accord with the following and all other applicable standards in this chapter.

A. Uses permitted. The commercial uses in any residential/commercial use building shall only be permitted in accord with the Schedule of Uses.[1]

[1] Editor's Note: The Schedule of Uses is included at the end of this chapter.

B. Residential units. The number of residential units in the structure shall be determined by the parking, sewage disposal and other performance standards in this chapter, but in no case shall the number of residential units exceed the density established for the same by this chapter.

§ 124-30 Adult businesses.

Adult businesses shall not be permitted in the Borough of Matamoras. Said uses are prohibited due to the rural small town character of the borough and said uses are not logically or sensibly needed in the area. Said uses are more logically and sensibly provided in areas that are more urbanized or are in the path of urbanization and are thereby suited for adult businesses.

§ 124-30.1 Outdoor furnaces.

[Added 3-3-2009 by Ord. No. 307]

It is the purpose of this section to eliminate the further construction and operation of outdoor furnaces within the limits of the Borough of Matamoras for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the Borough and its inhabitants. It is generally recognized that the types of fuel used, and the scale and duration of the burning of such furnaces, create noxious and hazardous smoke, soot, fumes, odor, air pollution, particles and other products of combustion that can be detrimental to citizens' health and can deprive neighboring residents of the enjoyment of their property or premises. Consideration has been given to the sizes of residential lots within the Borough, the density of structures, the proximity of houses to one another, and the predominance of wooden structures.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

OUTDOOR FURNACE

Any equipment, device, apparatus or structure, or any part thereof, which is installed, affixed or situated outdoors for the purpose of combustion of any type of fuel to produce heat or energy used as a component of a heating system providing heat for an interior space or water source. Specifically excepted herefrom is the use of electric generators for temporary use during periods of electrical stoppage or lack of access to utility-based power.

B. Regulations.

(1) After the effective date of this section, outdoor furnaces shall be prohibited and shall not be installed or maintained within the Borough of Matamoras except as provided herein.

(2) Any existing chimney stack shall be at least 20 feet or at least two feet above the roofline of the highest structure within 200 feet, whichever is higher when installed. Said chimney stack shall also have a spark arrestor installed on top.

(3) This section shall not be construed to be retroactive and shall not require the removal of any outdoor furnace in existence within the Borough of Matamoras at the effective date of this section.

(4) For any existing outdoor furnace primarily designed for burning wood or other solid material, no fuel other than natural wood without additive, wood pellets without additive and agricultural seeds in their natural state may be burned. Processed wood products and other nonwood products, recyclable materials, plastics, rubber, paper products, garbage and painted or treated wood are prohibited.

(5) Outdoor furnaces are prohibited to burn between June 1 and August 30.

(6) Outdoor furnaces and associated installation shall be subject to inspection by the Zoning Enforcement Office and Building Codes Enforcement Officer at any reasonable time to assure compliance with the terms hereof.

(7) Any existing outdoor furnace installation is subject to the permit provisions of the Zoning and Building Code Ordinance, and including compliance with all applicable state and federal statutes, including the Environmental Protection Agency (EPA) and the Underwriters Laboratories (UL) Listing.

(8) Nothing contained herein shall authorize the maintaining of existing installation that is a public or private nuisance, regardless of compliance herewith.

(9) If any sentence, clause, section, or part of this section is, for any reason, found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of the section. It is hereby declared as the intent of the Borough Council of the Borough of Matamoras that this section would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.

(10) If an external (outdoor) fuel-burning device or appliance is more than 50% torn down, physically deteriorated, or decayed, any rebuilding or restoration of said external (outdoor) fuel-burning device or appliance shall be a violation of this section.

(11) Any person, firm or corporation who shall violate any provision of this section shall, upon conviction thereof, be sentenced to pay a fine of not more than $500, pursuant to § 124-43. Every day that a violation of this section continues shall constitute a separate offense.

(12) This section shall be incorporated into and be part of the Zoning Ordinance of the Borough of Matamoras, effective immediately.

§ 124-30.2 Smoke shops and tobacco stores.

[Added 7-14-2020 by Ord. No. 2020-1; amended 3-12-2024 by Ord. No. 2024-002]

A. Purpose.

(1) The regulation of smoke shops and tobacco stores is necessary and in the interests of the public health, safety and general welfare because there is substantial likelihood of the continued establishment and operation of smoke shops and tobacco stores in the Borough of Matamoras (the Borough).

(2) The expansion of smoke shops and tobacco stores in the Borough would result in undesirable impacts in the community. Among these impacts are increased potential for tobacco sales to minors, greater opportunity for sale of illegal drug paraphernalia that is marketed as tobacco paraphernalia, and heightened risk of negative aesthetic impacts, blight, and loss of property values of residential neighborhoods and businesses in close proximity to such uses.

(3) This section contains amendments consistent with good zoning and planning practices to address negative impacts of smoke shops and tobacco stores while providing a reasonable number of locations and zones for such shops/stores to locate within the Borough.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

DRUG PARAPHERNALIA STORES

Any retail store selling paraphernalia commonly related to the use of any drug or narcotic of which the sale, use or possession of its subject to the provisions of "The Controlled Substance, Drug, Device and Cosmetic Act," 1972, April 12, P.L. 233. No. 64, § 780-101 et seq.,[1] "roach" clips, "coke" spoons, "bongs," and cigarette rolling paper, except that this shall not be deemed to include the sale of cigarette rolling paper by a store that also sells loose tobacco or the sale by prescription of implements needed for the use of prescribed drugs or narcotics.

E-CIGARETTE

Any electronically actuated device or inhaler meant to simulate cigarette smoking that uses a heating element to vaporize a liquid solution, popularly referred to as "juice," and that causes the user to exhale any smoke, vapor, or substance other than that produced by unenhanced human exhalation. The juice used in e-cigarettes typically contains nicotine, and for this reason, e-cigarettes and their juice can be classified as both tobacco products and drug paraphernalia.

MIXED-USE ESTABLISHMENTS

Where a grocery store, supermarket, convenience store or similar market combines an area up to 75 square feet or 2% of its retail space, whichever is less, for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes or tobacco with the sale of other retail products. For the purpose of this section, these mixed-use establishments shall be subject to the restrictions of this section. The display, sale, distribution, delivery, offering, furnishing, or marketing of e-cigarettes or any other tobacco products or tobacco paraphernalia, regardless of square footage used, is subject to the restrictions of this section.

SMOKE SHOPS AND TOBACCO STORES

Any premises having more than 100 square feet dedicated to marketing and storage of tobacco, tobacco products, or tobacco paraphernalia.

TOBACCO

Any preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body.

TOBACCO PARAPHERNALIA

Any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-113(a)(33).

TOBACCO PRODUCTS

Any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any means. For the purposes of this section, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such and approved purpose.

[1] Editor's Note: See 35 P.S. § 780-101 et seq.

C. Zoning and use standards.

(1) Notwithstanding any other provision of this title to the contrary, smoke shops, tobacco stores and mixed-use establishments shall be a conditional use in the C-1 and C-2 Zone.

(2) All smoke shops, tobacco stores and mixed-use establishments proposing to operate within the C-1 and C-2 Zone after the effective date of this section must obtain a conditional use approval. Standard conditions of approval, at a minimum, shall include the following:

(a) No smoking shall be permitted on the premises at any time.

(b) No sales may be solicited or conducted on the premises by minors.

(c) No self-service tobacco, tobacco product, or tobacco paraphernalia displays shall be permitted.

(d) No distribution of free or low-cost tobacco, tobacco products or tobacco paraphernalia, as well as coupons for said items, shall be permitted.

(3) Additional Zoning and Land Use Standards for smoke shops, tobacco stores and mixed-use establishments shall be as follows:

(a) Smoke shops, tobacco stores and mixed-use establishments shall not be located within 1,000 feet, measured property line to property line, from a school (private or public), family day-care home, child-care facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather.

(b) Smoke shops, tobacco stores and mixed-use establishments shall not be located within 1,000 feet, measured from property line to property line, from another smoke shop and/or tobacco store and/or mixed-use establishment.

(c) It is unlawful for a smoke shop and/or tobacco store to knowingly allow or permit a minor not accompanied by his or her parent or legal guardian to enter or remain within any smoke shop or tobacco store.

(d) Smoke shops and tobacco stores shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to all such store. It shall be unlawful for the above-listed stores to fail to display and maintain, or fail to cause to be displayed or maintained, such signage and is subject to violations and penalties as listed in § 124-43.

D. Smoke shops and tobacco stores that are legally existing on the effective date of this section may continue to operate as legal nonconforming uses and shall not be required to obtain a conditional use permit. However, any change or expansion of the legal nonconforming use shall require compliance with this chapter and a conditional use permit.

E. All smoke shops and tobacco stores shall provide and maintain a minimum of one garbage can per entryway, locations as approved by the Zoning Officer.

F. Owners shall be responsible for removal of all trash, litter, garbage, etc., as a result of the purchase or use of tobacco related products, from their property and the adjacent rights-of-way within the Borough.

§ 124-30.3 Medical marijuana dispensary.

[Added 6-17-2025 by Ord. No. 2025-004]

A. Purpose. The purpose of this section is to establish a process and standards for the establishment, construction, and operations of medical marijuana facilities, pursuant to the Pennsylvania "Medical Marijuana Act" (PA Act 16, 2016)[1] to allow for the integration of an allowed industry while providing for the protection of the public's health, safety, morals, and general welfare.

[1] Editor's Note: See 35 P.S. § 10231.101 et seq.

B. District regulations. Medical marijuana dispensaries are permitted in the Commercial 2 zone as a conditional use, with consideration for the applicable performance standards found in § 108-29, in addition to Subsection D(1)(f) of this section.

C. Definitions.

CAMPGROUND

An area where people can legally camp overnight using tents, camper-vans or caravans

CAREGIVER

The individual designated by a patient to deliver medical marijuana.

CERTIFIED MEDICAL USE

The acquisition, possession, use or transportation of medical marijuana by a patient, or the acquisition, possession, delivery, transportation or administration of medical marijuana by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized by certification by the Commonwealth.

DISPENSARY

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health (DOH) of the Commonwealth to dispense medical marijuana.

FORM OF MEDICAL MARIJUANA

The characteristics of the medical marijuana recommended or limited for a particular patient, including the method of consumption and any particular dosage, strain, variety and quantity or percentage of medical marijuana or particular active ingredient.

IDENTIFICATION CARD

A document issued by the DOH that permits access to medical marijuana.

MEDICAL MARIJUANA

Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania with Act 16.[2]

MEDICAL MARIJUANA ORGANIZATION or FACILITY

A dispensary or a grower/processor of marijuana for medical purposes.

REGISTRY

The registry established by the DOH for all medical marijuana organizations and practitioners.

[2] Editor's Note: See 35 P.S. § 10231.101 et seq.

D. Use regulations.

(1) Medical marijuana dispensary.

(a) A medical marijuana dispensary shall be legally registered in the Commonwealth 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) A medical marijuana dispensary shall be used for secure storage of product, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.

(f) A medical marijuana dispensary shall:

[1] Not have a drive-through service; not have outdoor seating areas;

[2] Not have outdoor vending machines;

[3] Prohibit the administering of, or the consumption of, medical marijuana on the premises;

[4] Not offer direct or home delivery service.

[5] Not sell alcohol, tobacco, nicotine, e-cigarettes, or any other paraphernailia.

(g) A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.

(h) A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center, park, playground, church, library, and/or campground. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.

(i) A medical marijuana dispensary shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of municipality in which it is located. This separation distance does not apply to the distance between the grower/processor or academic clinical research centers and the specific dispensary they serve, or with which they partner.

(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 or a day-care center, park, playground, church, library, and/or campground.

(k) All external lighting serving a medical marijuana dispensary shall be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties and in compliance with § 124-20G of the Matamoras Borough Code.

(l) Parking requirements shall follow the parking schedule found in § 124-18 of Zoning Ordinance as listed for medical and dental offices including outpatient clinics.

(m) Entrances and driveways to a medical marijuana dispensary shall be designed to accommodate the anticipated vehicles used to service the facility.

[1] All accesses shall secure the appropriate highway occupancy permit.

[2] The clear sight triangle shall be considered and maintained.

[3] The driveway shall be designed and improved to the standards expressly described in the Zoning Ordinance.

(n) 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.

E. Administration and enforcement.

(1) Building and zoning permits/approvals.

(a) A zoning permit shall be required prior to obtaining a building permit. For the construction or erection of a building; the alteration of a building or portion thereof; the use or change in use of a building or land; or any adjustments to a nonconforming use.

(b) The Borough zoning permit application shall be completed.

(c) Permit fees shall be as stipulated in the fee schedule adopted by resolution of the Borough Council in effect at the time of application.

(d) Permits may be denied if the applicant is failing to comply with any state or local law or regulation.

(e) In the case of new construction, meeting the PA MPC definition land development plan application is required to be submitted and an approval secured, prior to establishment of the use.

(f) If the application is to change the use of a building, or needs to demonstrate allocation of space within a structure, the applicant shall provide architectural drawings prepared by an architect registered in the Commonwealth of Pennsylvania.

(g) A medical marijuana grower/processor shall be legally registered in the Commonwealth and possess a current valid medical marijuana permit from the DOH.

F. Severability. If any section, subsection, sentence, clause or phrase or portion of this document is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion thereof.

G. Penalties. Any owner, operator, or other person who violates or permits a violation of this section shall, upon being found liable therefore in a civil enforcement proceeding before a Magisterial District Judge, pay to the Borough a fine of not more than $1,000, plus all court costs, including but not limited to reasonable attorney's fees incurred by the Borough on account of such violation. No penalty or cost shall be imposed until the date the determination of the violation by the Magisterial District Judge becomes final. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment as provided by law. Each day a violation exists after final judgment shall constitute a separate offense. The amount of the fine imposed shall be multiplied by the number of such days and may be charged and collected by the Borough without further judicial proceedings. Further, the appropriate officers or agents of the Borough are hereby authorized to issue a cease and desist notice and/or to seek equitable relief, including injunction, to enforce compliance herewith. No bond will be required if injunctive relief is sought by the Borough. A person who violates this section shall also be responsible for the Borough attorney's fees, engineering fees, expert fees and court costs reasonably incurred by the Borough on account of such violation.