ARTICLE III USES AND SUPPLEMENTAL REGULATIONS

Allowed principal uses by district are listed in the Principal Use Table below.

Accessory uses.

Allowed accessory uses by district are listed in the Accessory Use Table below.

§ 800-26 Prohibited uses.

Any use not complying with the specifications of this article is prohibited.

§ 800-27 Use interpretation.

The Zoning Officer is responsible for classifying all uses. If a proposed use is not listed in a use category but it is similar in nature to a listed and permitted use, the Zoning Officer will consider the following criteria:

The actual or projected characteristics of the proposed use;

The relative amount of site area or floor area and equipment devoted to the proposed use;

The relative amounts of sales and customers;

The relative number of employees;

Hours of operation;

Building and site arrangement;

Vehicle trips generated;

Parking utilization and demands; and

Likely impacts on surrounding properties.

Principal uses which are not specifically listed are prohibited unless the Zoning Officer determines the use to be part of a use category as described above.

An accessory use not specifically listed is prohibited unless the Zoning Officer determines the accessory use:

Is clearly incidental to and customarily found in connection with the allowed principal use;

Is subordinate to and serving an allowed principal use; and

Is located on the same lot as the principal use served.

Zoning officer action.

§ 800-31 Accessory Dwelling Unit (ADU).

Following a determination by the Zoning Officer, a written record shall be kept by the City.

§ 800-28 Use Table Key.

A use denoted by the letter 'P' within a zoning district is a use permitted by right in that district.

A use denoted by 'SE' within a zoning district is a use that may be permitted as a Special Exception by the Zoning Hearing Board if it finds the conditions listed for the use are met.

A use denoted by a dash (-) within a zoning district is a use which is expressly prohibited in that district.

§ 800-29 Principal Use Table.

	Residential Districts				Mixed Use Districts		Commercial Districts	Campus District	Industrial Districts
Uses	RN-A	RN-B	RN-C	RN-D	MX-N	MX-C	C-C	UC-C	I-F	I-G	Supplemental Regulations
Residential Uses
1 Unit	P	P	P	P	P	—	—	—	—	—
2 Units	—	P	P	P	P	P	—	—	—	—
3 Unit	—	—	P	P	P	P	—	—	—	—
4 Unit	—	—	P	P	P	P	P	—	P	—
5+ Unit	—	—	—	P	P	P	P	—	P	—
Accessory Dwelling Units (ADUs)	P	P	—	—	—	—	—	—	—	—	§ 800-31
Conversions Apartments	—	—	SE	SE	SE	SE	—	—	—	—	§ 800-36
Dormitory	—	—	—	—	—	SE	—	P	—	—	§ 800-37
Group home - protected class	P	P	P	P	P	P	P	—	P	P
Group home - not protected class	—	—	SE	SE	—	—	—	—	—	—	§ 800-41
Halfway house - protected class	P	P	P	P	P	P	P	—	P	P
Halfway house - not protected class	—	—	SE	SE	—	—	—	—	—	—	§ 800-42
Institutionalized housing	—	—	—	SE	—	—	—	—	—	—	§ 800-45
Live-work housing	—	—	—	—	P	P	—	—	P	—
Major-impact home-based business	SE	SE	SE	SE	P	—	—	—	—	—	§ 800-44
No-impact home-based business	P	P	P	P	P	—	—	—	—	—
Manufactured home park	—	—	—	—	—	—	—	—	—	—
Rooming and boarding home	—	—	—	SE	SE	—	—	—	—	—	§ 800-51
Short-term rental	P	P	P	P	P	P	P	—	P	—
Student home	SE	SE	SE	SE	SE	SE	—	—	—	—	§ 800-55
Townhome	—	P	P	P	P	—	—	—	P	—
Public or Quasi-Public Uses
Bus shelter	SE	SE	SE	SE	P	P	P	—	P	P	§ 800-34
Cemetery	P	P	P	P	P	P	P	—	P	P
Cultural center or facility	—	—	—	—	P	P	P	P	P	P
Emergency shelters	—	—	P	SE	P	—	—	P	P	P
Forestry activities	P	P	P	P	P	P	P	—	P
Government facility	P	P	P	P	P	P	P	—	P	P
Public libraries and museums	SE	SE	SE	P	P	P	—	P	—	—	§ 800-49
Park or recreation facility	P	P	P	P	P	P	P	P	P	P
Parking structure	—	—	—	—	—	P	P	P	P	—
Places of worship	P	P	P	P	P	P	P	P	P	P
Public or quasi-public community facility	P	P	P	P	P	P	P	P	P	P
Public, private schools, parochial schools and preschools	SE	SE	SE	P	P	—	P	—	—	—	§ 800-39
Institutional and Office Uses
Health services	—	—	—	SE	P	P	P	P	P	P	§ 800-43
Professional office less than 5,000 SF	—	—	—	—	P	P	P	—	P	P
Professional office more than 10,000 SF	—	—	—	—	—	P	P	—	P	P
Outpatient medical care	—	—	—	—	—	P	P	—	P	—
Hospital	—	—	—	—	—	P	—	—	—	—
Pharmacy	—	—	—	—	P	P	P	—	P	—
Commercial and Retail Uses
Adult use	—	—	—	—	—	—	—	—	SE	SE	§ 800-52
Agricultural operations	—	—	—	—	—	—	—	—	P	P
Animal hospital and animal boarding facility	—	—	—	—	—	—	—	—	P	P
Arts, crafts, or food market	—	—	—	—	—	P	P	—	P	—
Art or craft studio, studio for teaching performing arts	—	—	—	—	P	P	P	—	P	P
Automotive assembly	—	—	—	—	—	—	—	—	P	P
Bar or drinking establishment	—	—	—	—	P	P	P	—	P	—
Bed and breakfast facility	SE	SE	SE	SE	SE	P	—	—	—	—	§ 800-33
Brewery, distillery or cidery	—	—	—	—	P	P	P	—	P	P
Commercial adaptive reuse	SE	SE	SE	SE	SE	SE	SE	—	—	—	§ 800-35
Community garden	P	P	P	P	P	P	P	P	P	P
Conference center, event center, commercial event venue	—	—	—	—	P	P	—	P	P	P
Convenience store	—	—	—	—	P	P	P	—	P	P
Dance club, discotheque, nightclub	—	—	—	—	—	P	P	—	—	—
Eateries less than 10,000 SF	—	—	—	—	P	P	P	P	P	P
Eateries More than 10,000 SF	—	—	—	—	—	P	P	—	P	P
Market garden	—	—	—	—	P	P	P	—	P	—
Day-care center	—	—	—	—	P	—	—	—	—	—
Day-care center less than 5,000 SF	—	—	—	—	P	P	P	P	P	—
Fast food restaurant	—	—	—	—	P	P	P	—	—	—
Funeral home	—	—	—	P	P	P	—	—	—	—
Overnight lodging	—	—	—	—	P	P	P	—	P	P
Mixed use building	—	—	—	—	P	P	—	—	—	—
Motor vehicle detail/cleaning shop	—	—	—	—	SE	—	SE	—	P	P	§ 800-46
Motor vehicle fuel/gasoline station	—	—	—	—	P	—	P	—	P	P	§ 800-47
Motor vehicle service and repair facility	—	—	—	—	—	—	P	—	P	P	§ 800-47
Motor vehicle sales	—	—	—	—	—	—	P	—	P	P	§ 800-47
Museum, art gallery and cultural facility	—	—	—	—	P	P	P	P	P	P
Professional services less than 8,000 SF	—	—	—	—	P	P	P	—	P	P
Professional services greater than 8,000 SF	—	—	—	—	—	P	P	—	P	P
Recreational facility, commercial	—	—	—	—	P	P	P	—	P	—
Radio, television, broadcast, or recording studio	—	—	—	—	—	P	P	P	P	P
Retail store or shop less than 8,000 SF	—	—	—	—	P	P	P	—	P	P
Retail store or shop less than 10,000 SF	—	—	—	—	—	P	P	P	—	—
Smoke shop	—	—	—	—	P	P	P	—	P	P
Theater or auditorium	—	—	—	—	—	P	P	P	P	—
Industrial Uses											§ 800-83
Artisan food and beverage	—	—	—	—	—	P	P	P	P	P
Artisan manufacturing	—	—	—	—	—	—	—	—	P	P
Bakery, industrial	—	—	—	—	—	—	—	—	P	P
Cold storage plant or food processing plant	—	—	—	—	—	—	—	—	—	P
Communication antenna	—	—	—	—	—	—	—	—	—	P
Distribution center	—	—	—	—	—	—	—	—	—	P
Extraction and mining of raw materials	—	—	—	—	—	—	—	—	—	P
Light manufacturing	—	—	—	—	—	—	—	—	P	P
Medical testing laboratory	—	—	—	—	—	—	—	—	—	P
Newspaper printing or job printing	—	—	—	—	—	—	—	—	P	P
Permanent containerized storage	—	—	—	—	—	—	—	—	SE	SE	§ 800-48
Public utility	P	P	P	P	P	P	P	P	P	P
Private transportation service	—	—	—	—	—	—	—	—	P	P
Research and development	—	—	—	—	—	—	—	P	P	P
Self-storage facility	—	—	—	—	—	—	—	—	P	P
Truck terminal	—	—	—	—	—	—	—	—	—	P
Warehouse								—	P	P
Waste processing facilities	—	—	—	—	—	—	—	—	—	SE	§ 800-56
Small cell wireless facilities	P	P	P	P	P	P	P	P	P	P	595
Wholesale sales and services	—	—	—	—	—	P	P	—	P	P
Wind turbines or wind energy conversion systems	—	—	—	—	—	—	—	—	—	SE	§ 800-57

§ 800-30 Accessory Use Table.

	Residential Districts				Mixed Use Districts		Commercial Districts	Campus District	Industrial Districts
Uses	RN-A	RN-B	RN-C	RN-D	MX-N	MX-C	C-C	UC-C	I-F	I-G	Supplemental Regulations
Accessory structures/uses on adjacent lots - common ownership	SE	SE	SE	SE	SE	SE	SE	—	SE	SE	§ 800-32
Building for housing pets, playhouse	P	P	P	P	P	P	—	—	—	—
Cafeteria and recreational facility for employees or clientele	—	—	—	—	P	P	—	P	—	P
Drive-through facility	—	—	—	—	—	—	P	—	—	—	§ 800-38
Electric vehicle charging stations	P	P	P	P	P	P	P	P	P	P
Food truck/mobile food dispensing cart	—	—	—	—	P	P	P	P	P	P
Garden house, greenhouse, shed	P	P	P	P	P	P	P	P	P	P
Keeping of household pets	P	P	P	P	P	P	P	P	P	—
Outdoor farmer, craft or art market	—	—	—	—	P	P	—	P	—	—
Outdoor display	—	—	—	—	P	P	P	—	P	—
Sidewalk cafe/outdoor seating area	—	—	—	P	P	P	P	P	P	—
Outdoor storage	—	—	—	—	P	—	—	—	—	P
Outdoor storage of boats	—	—	—	—	—	—	—	—	—	P
Satellite dish	P	P	P	P	P	P	P	P	P	P
Solar voltaic system	P	P	P	P	P	P	P	P	P	P	§ 800-53
Swimming pool	P	P	P	P	—	—	—	P	—	—
Tennis court, paddle court and similar accessory recreation facility	P	P	P	P	—	—	—	P	—	—

The development of an accessory apartment (ADU) shall comply with all minimum dimensional requirements in districts where ADUs are permitted. Where an existing building is nonconforming with respect to one or more of the minimum yard requirements, the expansion or conversion may occur provided that there is no increase in the extent of nonconformity.

For the conversion or construction of an ADU, the building shall be located on a lot which meets the requirement for the minimum lot size, as specified in the applicable zoning district.

One attached ADU shall be permitted on a lot containing a single-unit or two-unit principal residential structure.

An ADU shall be attached to or integrated within the existing principal residential structure or an existing accessory structure such as a garage or carriage house.

An ADU shall not exceed 1,000 square feet or 80% of the size of the principal structure, whichever is smaller.

ADUs shall not be permitted in cluster developments.

The owner(s) of any lot containing an ADU shall permanently reside in at least one of the dwelling units on the premises.

ADUs shall be affixed to or constructed on a permanent foundation and shall not be a manufactured home or a movable structure.

The ADU shall be of the same architectural style and constructed of the same materials as the principal dwelling or existing accessory structure. The AA shall be visually and physically integrated into the principal dwelling or existing accessory structure, such as a garage or carriage house.

All buildings with an ADU shall have separate and distinct addresses and mail receptacles for the principal dwelling and ADU.

An ADU shall only be occupied as a principal place of residence.

§ 800-32 Accessory structures/uses on adjacent lots in common ownership.

The size, scale and type of structure is normally associated with the predominant structures/uses in the district.

No public street runs between the principal structure and the proposed accessory structure. An alley shall not be considered a street for this finding.

The structure is designed so that it cannot be converted into a second dwelling unit or other principal use unless it is to be directly attached and fully integrated into the principal structure for use by a member of the immediate family of the occupant of the principal structure.

The involved parcels of land are legally tied together such that they cannot be individually conveyed into separate ownership until the accessory structure(s) approved under this subsection have been fully removed.

§ 800-33 Bed-and-breakfast facilities.

The perceived scale of the proposal shall not detract from the residential character of the surrounding neighborhood.

The appearance of the building shall be residential in character (i.e., gabled rooflines, wood siding or brick, an articulated footprint, varied facade, etc.).

Off-street parking shall be provided at a ratio of one parking space per available room. This shall be in addition to the required parking for a single-family dwelling. The Zoning Hearing Board may approve off-site parking to accommodate this requirement as part of the approval of the special exception for the bed-and-breakfast.

Lodging shall not be rented for more than one month for any given person in any six-month period.

The property owner must use the building as his or her principal residence and manage the bed-and-breakfast.

The area reserved for the owner's residence and the bed-and-breakfast areas shall be connected internally, and each shall share a common main entrance.

As part of any approval, the Zoning Hearing Board may require an applicant for a bed-and-breakfast to sign an affidavit certifying that the applicant agrees to these provisions and agrees to uphold them for as long as the bed-and-breakfast is in operation.

§ 800-34 Bus shelters.

Shall not impair sight distances at intersections or otherwise pose a hazard to moving traffic.

Shall not contain advertising of any kind except identification of the bus company and a posting of relevant schedule and service information.

Shall be perpetually maintained and kept clean and sanitary. This guarantee can be made through an agreement or other binding legal instrument.

Shall not be placed on private property without the owner's consent.

Shall be completely removed and the site restored to its original condition if the location no longer warrants a shelter. This guarantee can be made through an agreement or other binding legal instrument.

Shall not interfere with adjacent property owners' use and enjoyment of property.

§ 800-35 Commercial uses.

New office, retail, restaurant uses, and these uses mixed with residences may be established in existing former commercial, public school and industrial buildings and government facilities within this district so long as the Zoning Hearing Board does the following. Note that this special exception is to be used to allow the reuse and preservation of existing buildings and not new construction. Former buildings that have already been converted to residences are not eligible for this special exception.

Finds a demonstrated history of the building being used for commercial, retail, office, public school, governmental, or industrial purposes.

Finds exterior features of the building demonstrating that it was designed for commercial, retail, office, public school, governmental, or industrial purposes. The essential architectural character of the building is to be preserved.

Finds that converting the building into a conforming permitted use or activity would be cost-prohibitive.

Finds that the proposed use of the building is similar to the use for which the building was designed and used, or will have less of an impact than that use — especially on traffic and parking.

Finds that the required public notice was given.

Finds that enough parking exists on site and on the adjacent streets and avenues so that the activity proposed for the building will not compete with the surrounding neighborhood's parking needs. In counting the number of parking spaces available for the building, the on-street spaces adjacent to its lot shall be counted. Estimates of parking needs shall not exceed those set forth in Chapter 640.

Sets reasonable limits on the hours of operation, number of employees, noise levels, and odors of the proposed business.

Requires that the building not be expanded more than 20% of its existing height or footprint unless this is otherwise required by building codes. Note that all existing lot coverage and setback requirements shall apply.

Finds that the traffic and deliveries generated by the proposed business will not significantly change the residential nature of the neighborhood, and all public and private roads (existing and proposed) serving the site shall be of adequate design and width to handle such traffic.

Requires that no exterior loudspeaker systems or other audible signals which can be heard at the property line will be used.

Finds that signage will be limited to either the building's existing signage or one wall sign per each street frontage not exceeding 10 square feet. Traffic signs shall be permitted as necessary through the land development process, and off-premises outdoor advertising shall be prohibited on such buildings.

(12)

Hears staff recommendations on the above requirements.

As part of any approval, the Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to the requirements of this chapter, that it deems necessary to protect the surrounding neighborhood from the impacts of the building being reused.

As part of any approval, the Zoning Hearing Board may require the applicant to sign an affidavit certifying that the applicant agrees to these provisions and agrees to uphold them and any other conditions imposed by the Board for as long as the business is in operation.

§ 800-36 Conversion apartments.

Any single-family dwelling existing at the effective date of this chapter may be converted into a multifamily dwelling, providing that:

It does not exceed density standards.

The lot area per dwelling unit shall conform to the regulations for the zone in which it is located.

Fire escapes, where required, shall be in the rear of the structure and shall not be located on any wall facing a street.

Parking shall be provided in accordance with the provision of Article IV.

§ 800-37 Dormitory.

Dormitories may be established in the Central Business Zoning District, subject to the Zoning Hearing Board finding the following conditions to be true:

Off-street paved parking spaces must be provided as described in Article IV. This may be provided off site through a lease presented to the Board.

The maximum number of occupants permitted in a dormitory shall be determined, as it is for all dwellings, by Chapter 550 of the City of Altoona Code, which adopts the IPMC as the City's property maintenance code.

A dormitory cannot be established on a lot smaller than 6,000 square feet.

An effective and acceptable operation and management plan must be provided to the Zoning Hearing Board for consideration and approval at the hearing. This plan must state the policies for internal and external security and oversight, noise control, and the hours of operation of any nonresidential activities on premises.

The proposed dormitory will not create detrimental impacts on surrounding properties given this plan.

For each dormitory, a responsible party or property manager within 50 miles of Altoona must be identified before the Zoning Hearing Board.

The City Fire Department must inspect and approve each dormitory according to their requirements before the hearing, and annually thereafter.

For each dormitory, updated lists of tenant names, as well as the responsible party or property manager, must be provided to the Zoning Officer. Any change in residents or management must be so reported within 24 hours of the change. The property owner bears the onus for reporting this information as required.

§ 800-41 Group homes for people not in a protected class.

All interior and exterior repairs to smoke/carbon dioxide detectors or other life/safety violations required by any City code must be made within 10 days of notice. All other required repairs must be made within 45 days of notice.

§ 800-38 Drive-through facilities.

An access driveway providing access to a drive-through facility may encroach into the required five-foot setback from the building at the point(s) of contact between the driver and the drive-through attendant. It is recommended that this be done through use of an extension on the building to reach the driveway rather than placing the driveway close to the length of the building wall.

Service windows, drawers, or similar devices shall protrude from the building across the one-foot setback.

A face-to-face setup shall be used for all drive-through facilities to eliminate speaker noise. Alternatives may be considered by the Zoning Officer or Planning Commission where it can be shown that transactions will not be heard at the lot line at any time of day or night.

The exterior edge of the driveway shall be planted with a three-foot-high hedge to screen automotive lights and noise.

Drive-through driveways shall provide stacking for a minimum of five cars without interfering with parking lot operations, bicycle and pedestrian flow, or street traffic. Alternative designs may be considered where multiple windows or lanes are proposed.

§ 800-39 Educational services.

The perceived scale of the proposal shall not detract from the residential character of the surrounding neighborhood.

The appearance of the building should be residential in character (i.e., scale, compatible building materials, window transparency, an articulated footprint, varied facade, etc.).

Proposed traffic will not severely change the residential nature of the neighborhood, and all public and private roads (existing and proposed) serving the site shall be of adequate design and width to handle such traffic.

There shall be no exterior loudspeaker systems or other audible signals which can be heard at the property line.

Signs shall be limited to one freestanding identification sign per street on which the facility has frontage and access and one wall sign. Traffic signs shall be permitted as necessary through the land development process.

§ 800-40 Farming.

The tilling of the soil, raising of crops, and gardening for noncommercial purposes shall be permitted in any zone. Direct commercial sales of agricultural commodities upon property owned and operated by a landowner who produces not less than 50% of the commodities sold is permitted. Customary agricultural operation, farming, nurseries, greenhouses, riding academies, livery and boarding stables, kennels, and animal hospitals are regulated by the applicable zoning district.

The facility may be single-room occupancy if all other codes governing such arrangements can be met.

The owner of the property shall agree to make himself readily available to neighbors and City representatives to discuss and correct any problems arising from this use of the property.

The group home does not impair the normal peace of the neighborhood.

The exterior of the property appears as a single- or two-family house.

There shall be no signs advertising the property other than a sign informing the public when a room may be available for rent.

All required licenses and certificates, including the certificate of occupancy, must be obtained before this special exception may be granted. In addition, the group home shall provide off-street parking as detailed by Article 4. Finally, it shall demonstrate adequate security measures to the Zoning Hearing Board.

§ 800-42 Halfway houses for people not in a protected class.

The facility may be single-room occupancy if all other codes governing such arrangements can be met.

The owner of the property shall agree to make himself readily available to neighbors and City representatives to discuss and correct any problems arising from this use of the property.

The halfway house does not impair the normal peace of the neighborhood.

The exterior of the property appears as a single- or two-family house.

There shall be no signs advertising the property other than a sign informing the public when a room may be available for rent.

All required licenses and certificates, including the certificate of occupancy, must be obtained before this special exception may be granted. In addition, the group home shall provide off-street parking as detailed by Article IV. Finally, it shall demonstrate adequate security measures to the Zoning Hearing Board.

§ 800-43 Health services.

The standards in this section shall apply to health services in a residential district.

The appearance of the building shall be residential in character (i.e., gabled rooflines, wood siding or brick, an articulated footprint, varied facade, etc.).

Space is available on the property to accommodate the required number of off-street parking spaces required by Chapter 640 for health services. This shall be determined by allowing 350 square feet of area for each space in addition to the area consumed by the building. (The Board need not consider layout, actual number of spaces to be provided, or any other factor considered under Chapter 640, as this will be done by the Planning Commission. This calculation will simply allow enough space on the lot for the Planning Commission to do its job.)

Hours of operation shall not detract from the neighborhood.

Proposed traffic shall not severely change the residential nature of the neighborhood.

The use shall not produce any glare, noise, sound, fumes, odors, or other noxious elements that can be readily detected at the property line.

§ 800-44 Home-based businesses.

Types of home-based businesses; purposes; applicability.

A home-based business is defined as a business that is conducted entirely within a dwelling unit; entirely by the members of the household residing in that unit; and in a manner that is clearly incidental, accessory, and subordinate to the unit's primary residential use. Most modern zoning ordinances regulate home-based businesses because of the deleterious effects that these businesses can have on their neighborhoods. A home-based business can congest its neighborhood's parking spaces and streets; generate intrusive amounts of noise, vibration, glare, electrical interference, odors, and radio/television signal disruption; draw large trucks for delivery purposes; erect a disturbing number of signs; utilize unsightly outdoor storage areas; and generally change the character of its neighborhood from residential to commercial. Many zoning ordinances attempt to minimize such damaging effects by designating all home-based businesses as special exceptions and requiring each to procure the approval of the Zoning Hearing Board, which is to reject any such business that will adversely affect its neighborhood.

However, more and more home-based businesses are being created that have little or no deleterious effects on their neighborhoods. Many professionals now "telecommute" from home, draw no extra parking or traffic activity, generate no noise or other interference, and have no signs. While home-based businesses that could have a significant effect on their neighborhoods clearly should still lie under the Zoning Hearing Board's jurisdiction, those that have little or no such effects should be excused from the paperwork, time, and expense involved in a special exception application.

This chapter attempts to establish such a system by dividing home-based business into two categories: no-impact home-based businesses (which will have little or no effect on their neighborhoods) and major-impact home-based businesses (which may have some effects on their neighborhoods). The Zoning Officer shall determine which of these categories a particular home-based business falls into according to the standards of Subsection B below. If a particular home-based business is determined to be a no-impact home-based business according to these standards, then it may be established without any further approvals. However, if it is determined to be a major-impact home-based business, then Subsection C below requires that it must be approved by the Zoning Hearing Board as a special exception.

This section applies to all home-based businesses within the City of Altoona, regardless of the zoning district in which they are located.

Distinguishing no-impact home-based businesses from major-impact home-based businesses.

Any person who wishes to establish a home-based business within the City is required to apply for a home-based business license with the Zoning Officer on a form supplied by the City. This application shall not be considered complete unless enough information is included on the form to enable the Zoning Officer to determine whether the proposed home-based business is a no-impact home-based business or a major-impact home-based business according to the standards below.

After a complete notarized application has been filed, the Zoning Officer shall have 45 days to determine the status of the proposed home-based business. When the Zoning Officer fails to make this determination within 45 days, then the proposed home-based business shall automatically be classified as a no-impact home-based business.

The Zoning Officer shall determine that a proposed home-based business would be a major-impact home-based business unless it meets the standards below, in which case it shall be classified as a no-impact home-based business and may be established without any further approvals.

A no-impact home-based business shall be a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(f)

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(g)

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(h)

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

(i)

The business may not involve any illegal activity.

(j)

Nursery schools, day-care centers, tutoring or teaching services, dancing schools, exercise or health centers, funeral homes, mortuaries, eating or drinking establishments, animal kennels, animal hospitals, veterinarian offices, boardinghouses, medical or dental clinics or offices, transportation vehicle repair or rental facilities, theaters, and any other business that does not meet the definition of home-based businesses given under Subsection B above shall not be classified as no-impact home-based businesses.

Major-impact home-based businesses. If a proposed home-based business is determined to be a major-impact home-based business by the Zoning Officer, and is not a permitted use in the district in which it is located, then its proprietor must apply for a special exception use before the Zoning Hearing Board and meet the requirements stated below. Note that any off-street parking space or loading berth requirements for these occupations (beyond the requirements of the involved dwelling unit) shall be set by the Zoning Hearing Board at the involved hearing.

Shall not alter the residential appearance of the building or any accessory buildings.

The business shall be owned and operated by the person (or a member of his or her immediate family) owning and occupying the premises on which the business is to be conducted.

Not more than one nonfamily member is on the premises at any given time who assists or engages in the business.

Any use of space outside of the principal structure shall be screened from the street and abutting properties. If the business does not trigger the requirements of Chapter 640, the Zoning Hearing Board shall apply the standards contained in Chapter 640 to the business.

Traffic shall not be noticeably increased above that normally associated with a single-household dwelling.

§ 800-45 Institutionalized housing.

The perceived scale of the proposal shall not detract from the residential character of the surrounding neighborhood.

The appearance of the building shall be residential in character (i.e., gabled rooflines, wood siding or brick, an articulated footprint, varied facade, etc.).

The water and sewer system is able to provide the necessary service to the facility without impacting other utility customers.

The maximum number of residential units on the site shall be determined using such factors as the ability of the applicant to meet the standards set forth by zoning and land development, utility capacity, unit affordability for central Pennsylvania residents, and overall impact on the neighborhood.

§ 800-46 Motor vehicle detail/cleaning shop.

No private unit shall be smaller than 300 square feet nor larger than 800 square feet.

An operation to clean and/or detail passenger vehicles (not vehicles primarily designed to haul goods/freight or buses) is permitted in specified non-industrial districts only when the following conditions are met as determined by the Zoning Hearing Board:

The entire operation is fully enclosed in a solid walled structure, including any storage; and

The entire operation does not exceed 5,000 square feet of gross floor area, including any storage; and

The operation emits no noise, dust, smoke, vibration, or odors detectable to reasonable human senses at the property line (excluding standard heating and cooling equipment, but including all washers or dryers used in the operation); and

The operation contains one paved off-street parking space per employee in addition to any other parking requirements stipulated by in Article IV of the City of Altoona.

The architectural appearance of buildings in which the operation is located is of a scale and style that complements, is respectful of, and preserves the character of the surrounding neighborhood. The operation will not generate more traffic than the public street being accessed can accommodate, and alleys shall not be used to access the operation unless there is no alternative. The Zoning Hearing Board may require the operation to conduct a traffic study to verify the traffic information required; and

§ 800-47 Motor vehicle fuel/gasoline station/sales/service/repair.

Hours of operation shall be set by the Zoning Hearing Board, but no activities or deliveries may occur at night, after dusk or before dawn.

All gasoline filling stations, service stations, auto sales lots, and attended lots shall meet all requirements of Article 4, with the following exceptions.

For gasoline filling stations, the area used by the vehicle while fuel is being dispensed may be counted as a parking space. Such spaces shall meet the requirements for parallel parking.

Service stations shall make available the proper number of required spaces for customers, and such spaces shall meet the requirements of this article. Spaces created for vehicle storage and service need not meet the access requirements of this article so long as all vehicles maneuvered in such areas are under the direct control of a paid employee of the business.

Auto sales lots shall make available the proper number of required spaces for customers. Areas for vehicle storage, whether for servicing or sales, may be designed as necessary for the conduct of business, provided that all vehicles being maneuvered in these areas are under the direct control of a paid employee of the business. In no event shall areas of the property designated for other purposes be used for automobile sales or storage.

§ 800-48 Permanent containerized storage.

Attended lots need not meet the accessibility requirements for individual spaces, provided that all vehicles being maneuvered in such lots are under the direct control of a paid attendant for the lot.

The containers shall be permanently and securely affixed to the ground or building in accordance with the Building Code.

The containers shall not interfere with the existence or use of the parking, loading, buffering, and screening elements of the lot.

The containers shall be maintained in sanitary condition to the basic standards for structures as determined by the City of Altoona Code Enforcement Department.

The containers shall not be used for advertising; no signs shall be affixed to any part of the exterior of the containers.

The containers shall not be visible from any street (alleys excepted) or any nonindustrial zoning district.

§ 800-49 Public libraries and museums.

The perceived scale of the proposal shall not detract from the residential character of the surrounding neighborhood.

The appearance of the building shall be residential in character (i.e., gabled rooflines, wood siding or brick, an articulated footprint, varied facade, etc.).

There shall be no exterior loudspeaker systems or other audible signals which can be heard at the property line.

The facilities shall not hold public gathering functions unless specifically permitted by the Zoning Hearing Board. If such function is granted, it shall be conditional on the applicant's ability to comply with the provisions of Part 7.

§ 800-50 Public utility facilities.

Public utility facilities, excluding production, service, and storage yards, shall be permitted in any zone without regard to the use and area regulations; provided, however, that buildings or structures erected for these utilities shall be subject to the height regulations and front, side, and rear yard regulations of the zone in which the facility is located.

§ 800-51 Rooming house or boardinghouse.

Off-street paved parking spaces must be provided on the same lot as the rooming house or boardinghouse. See Article IV for space requirements.

No Rooming house or boardinghouse shall be occupied or used as such until a zoning permit and residential rental unit license have been issued.

The maximum number of occupants permitted in a rooming house or boardinghouse shall be determined, as it is for all dwellings, by Chapter 550 of the City of Altoona Code, as it adopts the International Property Maintenance Code. However, this number shall not exceed the number of bedrooms with closets in the involved structure.

A rooming house or boardinghouse cannot be established on a lot smaller than 6,000 square feet.

An effective and acceptable plan for internal and external security and oversight must be provided to the Zoning Hearing Board for consideration and approval at the hearing.

For each rooming house or boardinghouse, a responsible party or property manager within 50 miles of Altoona must be identified before the Zoning Hearing Board.

The City of Altoona Fire Department and the Codes & Inspections Department must inspect and approve each rooming house or boardinghouse according to their requirements prior to the hearing, and annually thereafter.

For each rooming house or boardinghouse, updated lists of tenant names, as well as the responsible party or property manager, must be provided to the Zoning Officer. Any change in residents or management must be so reported within 24 hours of the change. The property owner bears the onus for reporting this information as required.

§ 800-52 Sexually oriented business (adult use).

Sexually oriented business, with these three sets of findings:

That the applicant(s):

Is an individual person or are all individual persons in a group, partnership, corporation, or other business association having at least a 10% interest, whether direct or indirect.

Is 18 years old or older and has an interest in the property.

Certifies that no one on the premises shall be under the age of 18 years.

Has never been convicted of any offense involving sexual misconduct, including without limitation prostitution, rape, obscenity, statutory rape, possession of child pornography, or corruption of minors.

Agrees that the Zoning Officer and the City of Altoona Police Department may inspect the premises for compliance with this chapter and the Board's permit upon request whenever the business is open.

That the business:

Is not located within 1,000 feet of a house of worship, a school (public or private preschool, child day-care, elementary, or secondary facility), a public library, a public park, or a child-oriented business. Such measurement shall be taken from the structure in which the sexually oriented business is to be located to the property line of the other use. Uses outside the corporate limits of the City of Altoona shall also be considered. The subsequent location of one of these uses within 1,000 feet of an existing sexually oriented business shall not serve to void the permit(s) granted to the sexually oriented business.

Is not operated, established, substantially enlarged, or transferred in ownership or control within 1,000 feet of another sexually oriented business. Such measurement shall be taken from the structure in which the sexually oriented business is to be located to the structure of the sexually oriented business. Uses outside the corporate limits of the City of Altoona shall also be considered.

Is not operated, established, or maintained in the same building or structure, or portion thereof, as another sexually oriented business, nor shall the floor area be enlarged in such case.

Did not exist prior to August 27, 1997. Such a business shall not be permitted to be increased, enlarged, extended, or altered unless such increase, enlargement, extension or alteration places the entire use in full compliance with this section.

Is so designed so that activities within the business cannot be seen, heard, or smelled outside the structure, or portion thereof, in which the business is located. This shall include, without limitation, devices, objects, toys, tools, entertainment, and signs advertising the business that are distinguished or characterized by their association with sexually oriented activity.

(f)

Agrees that merchandise displays, signs, or any other exhibit depicting adult entertainment activities or sexually oriented businesses placed within the interior of buildings or premises shall be arranged and screened to prevent public viewing from outside such buildings or premises.

That the city:

Is granted the right to inspect the business for compliance on demand at any time the business is open.

Has the ability to shut down the business for noncompliance with this chapter or the Board's decision. Such a shutdown can take the form of either a suspension or a revocation of the permit(s) or license(s) necessary to legally operate the business until the time when the noncompliance is corrected to the satisfaction of the Board.

§ 800-53 Solar photovoltaic systems.

It is the purpose of this regulation to promote the safe, effective and efficient use of installed solar energy systems that reduce consumption of utility delivered energy while protecting the health, safety and welfare of adjacent and surrounding land uses and properties. No solar energy system or device shall be installed or operated in the City of Altoona except in compliance with the following:

These regulations apply to all building-mounted systems installed and constructed after the effective date of this chapter.

All building-mounted systems are permitted in all zoning districts as an accessory use only to any lawfully permitted principal use on the same property upon issuance of the proper permits and upon compliance with all requirements of this section and as elsewhere specified in this chapter.

Ground-mounted solar photovoltaic systems are prohibited.

Before any construction or installation on any solar PV system shall commence, a building permit issued by the City of Altoona shall be obtained to document compliance with this chapter.

Solar PV systems constructed prior to the effective date of this chapter are not required to meet requirements of this chapter.

Any upgrade, modification or structural change that alters the size or placement of an existing solar PV system by 50% or more, or that triggers code compliance, shall comply with the provisions of this chapter.

Building-integrated systems, as defined by this chapter, are not considered an accessory use and are not subject to the requirements of this article, but are subject to all other applicable building, electrical, and safety codes.

The solar PV system must be constructed to comply with any electrical and safety regulations adopted by the City of Altoona or the State of Pennsylvania.

All systems must be installed by a qualified solar installer as defined by this chapter.

All wiring must comply with the National Electrical Code.

The solar PV system must be constructed to comply with the most recent fire code, as amended and adopted by the City of Altoona.

(12)

Panels installed on principal or accessory structures must be mounted at the same angle as the roof's surface with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and edge or surface of the system.

(13)

For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.

(14)

For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to four feet above the roof to which it is attached.

(15)

No element of the system shall reflect glare (as defined by the FAA) onto a neighboring property, public right-of-way, or aircraft flight path.

(16)

If a building-mounted system is to be installed on any building or structure that is non-conforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system shall be permitted, so long as the building- mounted system does not increase the degree of non-conformity.

(17)

If a building-mounted system is to be installed on a building or structure on a non-conforming property that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system shall be permitted, so long as there is no expansion of any setback or lot coverage non-conformity and so long as it complies with the other provisions of this chapter.

(18)

No signage or graphic content may be displayed on the solar PV system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.

(19)

Disconnect and other emergency shutoff information will be clearly displayed on a light-reflective surface.

(20)

Twenty-four-hour emergency contact information will be clearly displayed.

(21)

Systems and sites may not be used for displaying advertising except for reasonable identification of the owner/operator and shall comply with all signage restrictions.

(22)

The City of Altoona reserves the right to inspect a solar PV system for building or fire code compliance and safety with 24-hour notification to the property owner and/or owner-operator of the system.

(23)

The solar energy system shall be removed, at the owner's, within 180 days of determination by the designated municipal representative that the system is no longer being maintained in an operable state of good repair or no longer supplying solar power. Such an order shall be in writing, shall offer the option to rectify, and shall notify the owner of his or her right to appeal such determination.

Removal shall include solar collectors, cabling, electrical components, accessory structures, and any associated facilities below grade.

Disturbed earth shall be graded and reseeded, unless the designated municipal representative approves a written request by the property owner that internal roads or other site improvements are not to be restored.

(24)

If, upon inspection, the City of Altoona determines that a fire code or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the City may order the owner to repair or remove the system within a reasonable time as determined by the Code Enforcement Officer. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the owner of his or her right to appeal such determination.

(25)

If an owner fails to repair or remove a solar PV system as ordered, and any appeal rights have been exhausted, the City of Altoona may enter the property, remove the system and charge the owner for all costs and expenses of removal, including reasonable attorney's fees or pursue other legal action to have the system removed at the owner's expense.

(26)

In addition to any other available remedies, any unpaid costs resulting from the removal of a vacated abandoned or decommissioned solar PV system shall constitute a lien upon the real property against which the costs were charged. Legal counsel of the City of Altoona shall institute appropriate action for the recovery of such cost, plus attorney's fees, including, but not limited to filing of municipal claims pursuant to for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the City of Altoona in connection with the removal work and the filing of the claim.

§ 800-54 Storage of materials.

Containerized storage. The use of containers to provide storage space is permitted on a temporary basis throughout the City if the following conditions are met:

A permit shall be secured from the Zoning Officer which shall specifically state the following criteria:

The permit is temporary and shall expire six months after the date of issuance.

The nature of the storage facility.

Requirements on how the containers are to be secured.

Provisions for removal of the containers.

Signature of the applicant binding him to the conditions set forth in the permit.

Storage containers under this section shall not require land development review; however, the applicant shall submit plans clearly showing the location of the container on the property and supply a listing of the types of materials to be stored in the container with the application.

A single six-month extension is available through an administrative hearing before the Zoning Hearing Board. If granted, such approval shall order the Zoning Officer to issue another permit in accordance with Subsection A (1) above. This approval shall not be construed to be a variance or special exception.

The Zoning Officer or Zoning Hearing Board may require the applicant to post financial security to ensure proper removal of the containers.

This section shall not apply to containers used in conjunction with work for which a valid building or demolition permit has been issued, unless such containers are in place for more than 30 days after work under the permit has been completed.

Containers remaining in place beyond the permitted temporary period shall be considered permanent and regulated as structures under this chapter.

Open storage. All open storage (including scrap yards, junkyards, and automobile wrecking yards) shall be located within an area not closer than 50 feet from any street right-of-way line and shall be fully screened from view. The storage of combustible materials shall be a minimum of 20 feet from any lot line, and a driveway sufficient for free access of fire equipment shall be installed.

§ 800-55 Student home.

Student homes are permitted in all zoning districts that allow residential uses, pursuant to district provisions applicable for one (single) family and twin, semidetached, duplex and/or row house dwelling use. However, student homes are permitted only when all of the following standards are met:

The maximum number of occupants permitted in a student home shall be determined, as it is for all dwellings, by Chapter 550 of the City of Altoona Code. A Building Inspector from the City's Inspections Department will determine this number at his or her initial inspection.

No student home shall be located on a lot any portion of which is closer than 300 feet to another lot used for a student home.

No more than one dwelling unit in a twin, semidetached, duplex and/or row house dwelling may be used as a student home.

No more than one building on a lot may be used as a student home.

A minimum of two paved parking spaces shall be provided per dwelling unit in driveways or off-street parking areas, plus one space for every student over four students. All off-street parking must be provided on the same parcel as the student home.

No student home shall be occupied or used as such until a zoning permit and residential rental unit license have been issued. Plans showing the lot layout, parking area, landscaping, interior rooms, and floor area dimensions are required.

§ 800-56 Waste processing facilities.

The facility meets all state and federal requirements that are applicable to the facility.

Light, glare, noise, odors, and fumes shall not emanate beyond the limits of the zoning district.

Debris and clutter shall be kept in check, including any which may inadvertently clutter nearby properties and the streets of the City.

All stormwater shall be treated and shall meet NPDES water quality standards before it leaves the site.

The facility shall be screened and buffered utilizing the most stringent standard listed in the land development requirements, regardless of the adjacent use. Such screening and buffering shall be in place around the entire perimeter of the site.

§ 800-57 Wind turbines.

Small accessory wind turbines. Wind turbines or wind energy conversion systems (both referred to as "WECS" in this section) that have a rated capacity less than 100 kW are permitted by right in all zoning districts (but prohibited in historic districts) as accessories to a principal residential, commercial, public/semipublic, or industrial land use. However, the following restrictions apply. Note that meteorological ("met") towers set up to test for wind conditions prior to the construction of such a system are subject to the same regulations but must be dismantled less than three years after erection.

Construction drawings must be reviewed and approved by the City of Altoona Code Enforcement Department via a building permit. To the extent applicable, all WECS shall comply with adopted City building codes.

The WECS or met towers may cause no more than 45 decibels (dBA) of noise on the A scale and/or 60 decibels (dBC) of noise on the C scale - or no more than 10 decibels above the ambient noise level, whichever is greater - as measured from any property line.

The turbine's blades may not cast a shadow onto a neighboring residence's windows.

The accompanying tower must be secured so that the general public and children may not climb it.

The tower must be no taller (to the tip of the blade at its highest point in rotation, including any building or other structure on which it might stand) than the distance from the center of its base to the nearest property line multiplied by a factor of 1.1. A WECS or met tower may exceed the building height limits otherwise imposed by its zoning district so long as it meets the requirements of this section.

Within six months of the date on which the WECS is no longer used, it must be dismantled and removed from its host property.

Signs may not be installed on a WECS. WECS shall not be lighted unless required by the Federal Aviation Administration.

WECS shall be a nonobtrusive color: white, off-white, or gray.

Accessory WECS shall not be erected in front yards within residential zoning districts.

Any physical modification to a WECS that alters the size, type, or number of turbines must be approved as a new WECS via a new application.

Any WECS may only serve one principal use or lot unless otherwise approved by the Zoning Hearing Board.

All other wind turbines. All wind turbines or wind energy conversion systems (both referred to as WECS here) that have a rated capacity greater than 100 kW, and all turbines that are to be the principal use on a lot, are permitted solely in the General Industrial Zoning District as a special exception approved by the City Zoning Hearing Board, which must use the following criteria. Note that meteorological (met) towers set up to test for wind conditions prior to the construction of such a system are subject to the same regulations but must be dismantled less than three years after erection.

Construction drawings must be reviewed and approved by the City of Altoona Code Enforcement Department via a building permit. All such WECS must be submitted for land development approval under the provisions of Part 7. All state and federal permits and permissions - as well as land development approval — must be obtained before a building permit will be issued. To the extent applicable, all WECS shall comply with the adopted City building codes.

The WECS or met towers may cause no more than 45 decibels (dBA) of noise on the A scale and/or 60 decibels (dBC) of noise on the C scale — or no more than 10 decibels above the ambient noise level, whichever is greater — as measured from any property line.

The WECS's blades may not cast a shadow onto a residence's windows.

The accompanying tower must be secured so that the general public and children may not climb it.

The tower must be no taller (to the tip of the blade at its highest point in rotation, including any buildings or structures on which it might stand) than the distance from the center of its base to the nearest property line multiplied by a factor of 1.1.A WECS or met tower may exceed the building height limits otherwise imposed by its zoning district so long as it meets the requirements of this section.

Signs may not be installed on a WECS. WECS shall not be lighted unless required by the Federal Aviation Administration.

WECS shall be a nonobtrusive color: white, off-white, or gray.

All transmission lines to WECS shall be placed underground.

If the applicant or owner is granted or holds a special exception for a WECS or wind turbine, the City, at any time after the grant of the special exception, may require the applicant to provide a form of surety approved by the City Solicitor if the Zoning Officer determines that the turbine or its system is not in compliance with the regulations of this section or any other federal, state, or local regulation. Any notice of violation issued by the City will require that the identified defect be appropriately fixed and that the required surety be provided in an amount determined by the City to be adequate to remove the entire turbine and system if needed.

Any physical modification to a WECS that alters the size, type, or number of turbines must be approved as a new WECS via a new application.

Any road damage caused by the installation of the WECS shall be repaired by its owner or at the cost of its owner.

(12)

Applications to the Zoning Hearing Board for WECS special exception shall include the following:

A narrative describing the proposed WECS, including an overview of the project; the project location; the generating capacity of the wind energy facility; the number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.

Identification of the properties on which the proposed WECS will be located and the properties adjacent to where the WECS will be located.