Borough of Gettysburg, PA Part 3 ZONING USES

§ 27-301 General Provisions.

[Ord. No. 1498-25, 12/8/2025]

1. The following general provisions apply to the uses outlined in this Part.

A. No residential parcel shall have erected upon it more than one principal building.

B. Unless otherwise prohibited by this chapter, more than one principal mixed use or non-residential use may be erected on a single parcel provided that all parcel and yard requirements, standards, and other requirements of this chapter shall be met for each Structure, as though it were on an individual parcel.

C. No building, Structure, or land shall be used in any way other than the uses permitted in the zoning district in which the building, Structure, or land is located, with the exception of the continuation of existing uses specified in Subsection 1.D below.

D. Continuation of Existing Uses. The continuation of any use existing and permitted at the time of adoption of these regulations is permitted, subject to the nonconformities standards specified under § 27-409, Nonconformities, of this Part.

§ 27-302 Applicability.

[Ord. No. 1498-25, 12/8/2025]

1. Table 3.01, Table of Uses, identifies the principal, accessory, and temporary uses allowed in each zoning district and defined in this chapter.

2. Principal, accessory, and temporary uses are given one of the following designations specified in Table 3.01.

A. Permitted by Right ("R"). These uses are permitted automatically by right in the zoning districts in which they are listed, subject to the general regulations under this chapter.

B. Permitted by Special Exception ("SE"). These uses are not permitted by right but are subject to the special exception standards and criteria specified in § 27-118 of this chapter.

C. Uses Not Permitted in Specified Districts. Uses not permitted (whether expressly permitted or permitted upon interpretation and classification by the Zoning Officer) within a zoning district shall be deemed excluded. The Zoning Officer shall make a determination of the classification of all land uses within the context and intent of this chapter and may issue a determination regarding whether a particular use is permitted or excluded in a zoning district, all in accordance with this chapter.

3. Permitted uses are grouped into general categories, which are further broken into subcategories and specific use types that are specifically defined in this chapter.

§ 27-303 Unlisted uses.

[Ord. No. 1498-25, 12/8/2025]

1. If a use is clearly not provided for in this chapter, whether as permitted by right or permitted by special exception, within any zoning district within the Borough, then the proposed use shall be considered a special exception and shall be approved pursuant to the requirements specified under § 27-118 of this chapter. In addition to such requirements, the proposed use shall also be approved based on the following use character eligibility standards:

A. The proposed use shall be consistent with and meet the stated purpose and intent of the zoning district within which the use is being proposed.

B. The proposed use shall be consistent with and uphold the general form, function, and design character of the neighborhood within which the use is being proposed.

C. The use shall be similar to and compatible with the permitted uses in the zone in which the subject property is located, is not permitted in any other zone under the terms of this chapter, and in no way is in conflict with the general purposes and intent of this chapter.

D. The use shall consider the community development goals and objectives of the Gettysburg Borough Comprehensive Plan.

2. The burden of proof shall be upon the applicant to demonstrate that the proposed use meets the foregoing criteria and would not be detrimental to the public health, safety, and welfare of the Borough and its residents.

3. For the purposes of this section, a specifically denied use shall be considered a use that is not a permitted use in the zone in question but is a permitted use in another zoning district.

§ 27-304 Prohibited Uses.

[Ord. No. 1498-25, 12/8/2025]

1. In no instance shall any use or activity be permitted which, by reason of noise, dust, odor, appearance, smoke or other objectionable factor, creates a nuisance, hazard, or other adverse effect upon the value or reasonable enjoyment of the surrounding properties.

2. In no instance shall the operation of any business, commonly known as a "head shop," which involves, in whole or in part, the sale, lease, trade or display for sale of any and all types of drug paraphernalia, as defined herein, be permitted in any district.

3. In no instance shall the operation of any business which has obscene materials, as defined herein, as a substantial or a significant portion of its stock-in-trade be permitted in any district.

4. In no instance shall the operation of a massage parlor in which any of the following activities are carried on be permitted in any district:

A. The massage treatment of any person by one or more persons who do not belong to any nationally recognized massage therapy association or by persons who are not graduates of any recognized training school in massage therapy with a minimum of 500 hours of training, evidence of which shall be in the form of a certificate or diploma on display on the premises. The requirements of this provision shall not apply to treatments given in the residence of a patient, the office of a licensed physician, osteopath, or registered physical or massage therapist, or chiropractor, or in a regularly established and licensed hospital or sanitarium.

B. The massage of, or physical contact with, the sexual or genital parts of one person by any other person.

C. The exposure of the sexual or genital parts of the body of any person.

Table 3.01, Table of Uses.
R = Permitted by Right SE = Permitted by Special Exception Blank Cell = Use Not Permitted in Specified District(s)	Mapped Zoning Districts
	R-1	R-1A	R-2	NC-1	NC-2	NC-3	NC-4	GC	OT	REV	CI	INS	HC	IND
PRINCIPAL USES (§ 27-305)
RESIDENTIAL USES [§ 27-305, Subsection 1]
Community Residence, Group Home	R	R	R	R	R	R	R		R					SE
Community Residence, Sober Living Facility/Recovery House			SE	R		R	SE	R	R				R	SE
Dwelling, Multifamily, Apartment			R	R	R	R	R	R	R	R				SE
Dwelling, Multifamily Conversion	SE	SE	R	R	R	R	R		SE					SE
Dwelling, Single-Family Detached	R	R	R	R	R	R	R		R					SE
Dwelling, Single-Family Semi-Detached, Duplex	SE	SE	R	R	R	R	R		R					SE
Dwelling, Single-Family Semi-Attached, Townhouse			R	R	R	R	R		R	R				SE
Dwelling, Staff Housing			R	R	R		R			R		R	R	SE
Dwelling, Student Housing			SE	SE	SE		SE		SE	R		R		SE
Dwelling, Student Housing, Institutional			SE	SE	SE		SE		SE	R		R		SE
Manufactured Home	SE	SE	SE	SE			SE
Manufactured Home Community			SE				SE
LODGING USES [§ 27-305, Subsection 2]
Bed-and-Breakfast		R	SE	R	R	R	SE	R	R
Community Residence, Halfway House				SE	SE
Hotel						R		R	R	R				SE
Inn				R	R	R		R	R				R	SE
Motel			SE			R	SE	R
Rooming House/Boardinghouse				SE		SE			SE
Vacation Rental		R			R	R		R	R
Temporary Shelter Facility				SE					SE
CIVIC AND INSTITUTIONAL USES [§ 27-305, Subsection 3]
Assembly, Neighborhood		SE		SE		SE		R	R		R	R
Cemetery								R			R	R
Government Facility		SE	SE	SE	SE	SE		SE	R		R	R
Hospital								SE					R
Library/Museum				R	R	R	R	R	R	R		R
Places of Worship			R	R	R	R		R	R			R
Police/Fire/EMS	R	R	R	R	R	R	R	R	R	R	R	R	R	R
School, Public or Private							R					R
Stadium/Arena												R
FORESTRY AND OPEN SPACE USES [§ 27-305 Subsection 4]
Forestry	R	R	R	R	R	R	R	R	R	R	R	R	R	R
Recreation Facility, Commercial or Private							R	R			R	R		R
Recreation Facility, Public			R				R	R			R	R		R
Shooting Range, Indoor								R						R
COMMERCIAL USES [§ 27-305 Subsection 5]
Adult Day-Care Center													R
Adult Establishments														SE
Assisted Living Facility						SE		SE					R
Automobile/Truck Repair Garage								R						R
Automobile Car Wash								R						R
Automobile Fueling Service								R						R
Betting Use, Large														SE
Betting Use, Small				SE				SE	SE	SE
Brew Pub				SE	R	R		R	R	R
Child-Care Center				R		R		R	R
Commercial Equipment and Supply								R						R
Community Service				R	R	R	R	R	R	R
Convenience Store							SE	R	R	R
Drinking Place				SE	R	SE		R	R	R
Eating Place w/Drive-Thru								R	SE
Eating Place w/o Drive-Thru				SE	R	SE	SE	R	R	R
Electronic Cigarette/Vaporizer Store/Smoking Places								R
Event Venue		SE		R	R	R	SE	R	R	R		R		R
Farmers Market								R	R	R	R	R	R	R
Family Child-Care Home						R	SE	R	SE
Funeral Home				R		R	SE	R	R
General Commercial Service Uses				R	R	R	SE	R	R	R
Grocery Store								R	R	R
Group Child-Care Home				SE				SE	SE
Kennel														R
Long-Term Care Facility							SE		R	R			R
Massage Establishment				R	R	R	SE	R	R
Medical Clinic				R		R	SE	R	SE	SE			R
Medical Marijuana Dispensary								R	SE
Methadone/Suboxone Treatment Facility				SE		SE		SE
Microbrewery/Microdistillery/Microwinery				SE	R	R		R	R	SE				R
Office Uses			SE	R	R	R	SE	R	R	R		R	R
Outdoor Sales								R						R
Pawn Shop/Check Cashing Establishment					R	SE		R	R
Private Club				R	R	R		R	R
Public Market							SE	R	R	R
Self-Storage Facility														R
Tattoo/Piercing Parlor				SE	R	R		R	R	R
Tour Operator				SE	SE	SE	SE	SE	SE	SE	R	SE		SE
INFRASTRUCTURE USES [§ 27-305, Subsection 6]
Parking Structure								SE	SE	SE		SE	SE	SE
Principal Solar Energy Systems (PSES)														R
Transportation and Essential Services				R	R	R	R	R	R	R	R	R	R	R
Wireless Communications Facilities, Small Wireless Communications Inside the Public Rights-of-Way	R	R	R	R	R	R	R	R	R	R	R	R	R	R
Wireless Communications Facilities, Small Wireless Communications Outside the Public Rights-of-Way											SE	R	R	R
Wireless Communications Facilities, Tower-Based														SE
INDUSTRIAL USES [§ 27-305, Subsection 7]
Automotive Dismantler and Recycler														SE
Brewery, Distillery, Winery														R
Craftsman Industrial								R						R
Junkyards														SE
Manufacturing														R
Medical Marijuana Grower/Processor Facility														R
Outdoor Storage Yard														R
Truck Terminal														SE
Truck Trailer Parking														SE
Warehouse/Distribution														R
Yard Waste Composting Facility														R
ACCESSORY USES (§ 27-306)
Accessory Dwelling Unit	SE	R	R	R	R	R	SE		R
Child-Care Center (as an Accessory Use to a Residential Use)	R	R	R	R	R	R	R
Heliport/Vertiport														SE
Helistop													SE	SE
Home Occupation	SE	SE	SE	SE	SE	SE	SE		SE	SE
No-Impact Home-Based Business	SE	SE	SE	SE	SE	SE	SE		SE	SE
Parking, Commercial Use Only				R	R	R		R	R	R	R	R	R	R
TEMPORARY USES (§ 27-307)
Temporary Outdoor Event	SE	SE	SE	R	R	R	R	R	R	R	R	R	R	R
EXTENDED BUILDING HEIGHT (§ 27-308)
Extended Height Building										SE

§ 27-305 Principal Uses.

[Ord. No. 1498-25, 12/8/2025]

1. Residential Uses. A category of uses for residential accommodations.

A. Community Residence, Group Home. A residential facility, also sometimes referred to as a "community living arrangement," licensed by the Commonwealth of Pennsylvania, that provides a home for not more than 10 persons with a disability, as defined by the Fair Housing Amendments Act, 42 U.S.C. § 3601 et seq., or elderly individuals, excluding staff who do not reside on the property, who live and cook together as a single housekeeping unit. This definition shall not include a facility housing persons released from or under the jurisdiction of a government bureau of corrections or similar institution. This definition does not include persons occupying a hotel, dormitory, lodge, halfway house, sober living facility/community residence, boardinghouse or institution. A group home shall be a stable living environment which anticipates, contemplates, expects, and projects that occupants thereof shall reside in the group home for a term of not less than one year in duration. The following supplemental use regulations shall apply:

(1) In a narrative form, a statement of the proposed use, including its location, number of residents, name, telephone number, and contact person of the sponsoring agency.

(2) A statement that all required approvals, permits, and licenses have been granted from the federal, state, and county governments or other public agencies.

(3) Accommodations in a group home shall be provided for no more than the maximum number of occupants or residents as permitted by the applicable building code, fire code, and any other similar code that sets forth a maximum occupancy limit for a dwelling or building. Applications for a group home shall specify the maximum number of residents or occupants to be housed or cared for at the facility.

(4) The group home shall comply with all zoning regulations in the district in which the group home is located. If the group home is within a residential district, the building shall be maintained and/or constructed to ensure that it is closely similar in appearance, condition and character to the other residential structures in the area. No exterior signs or other features visible from the exterior shall identify the type of use.

(5) The group home shall maintain a similar appearance, condition, and character to the existing dwellings in the immediate vicinity of the group home.

(6) Occupants of the group home facilities shall live as a single housekeeping unit.

(7) Group home facilities shall have 24-hour-per-day on-site supervision by qualified staff.

(8) Off-street parking areas of more than four spaces shall be buffered from adjacent existing single-family dwellings by a planting screen suitably planted with trees and shrubs and maintained at all times.

(9) Under no circumstances shall any uses qualifying for or falling under the definition of halfway house or sober living facility/recovery house be considered a group home.

B. Community Residence, Sober Living Facility/Recovery House. A residential facility used by four or more individuals residing together voluntarily or by court requirement to recover from drug, alcohol, and/or substance abuse and that does not include the current illegal use of or addition to a controlled substance as defined in 21 U.S.C. § 802. Such facilities must also serve as a transitional environment between rehabilitation facilities and reintegration into their future lives. This definition shall include sober houses, recovery houses, or sober living environments, but are not required to be licensed by the Pennsylvania Department of Drug and Alcohol Programs. This term specifically excludes individuals and groups occupying: a boarding or rooming house; a lodging house; a club; a group home; a fraternity; a hotel; or a similar living environment. The following supplemental use regulations shall apply.

(1) Registration with the commonwealth and compliance with all regulations for licensure or certification as promulgated by the Department of Drug and Alcohol Programs in accordance with 71 P.S. § 613.13, as amended, or such other commonwealth agency or department as authorized by law. In the event that the sober living facility/recovery house is not registered and is not required to be licensed or certified by the Commonwealth, then the sober living facility/recovery house shall provide either:

(a) Documentation that it would comply if subject to licensure and certification; or

(b) Documentation that the sober living facility/recovery house is a member in good standing and in compliance with all rules and/or regulations of a recognized countywide, statewide, or nationwide association of recovery homes or equivalent professional accrediting organization.

(2) Prior to issuance of a certificate of occupancy by the Building Code Official, proof of licensure must be provided to the Zoning Officer. Additionally, and annually on January 31 of each year thereafter, each operator must provide similar proof of commonwealth registration and compliance or continued status as a member in good standing and in compliance with all the rules and/or regulations of a recognized county, state, or national professional association.

(3) Residents of a sober living facility/recovery house shall maintain a single housekeeping unit with shared use of living areas, eating areas, bathrooms, food preparation, and serving areas and shall share mealtimes and housekeeping responsibilities.

(4) A sober living facility/recovery house shall be directly affiliated with a parent institution or organization who shall provide full-time supervision and administration to the residents of the house.

(5) Property shall be served by public water and public sewer.

(6) Accommodations in a sober living facility/recovery house shall be provided for no more than the maximum number of occupants or residents as permitted by the applicable building code, fire code, and any other similar code that sets forth a maximum occupancy limit for a dwelling or building. Applications for a sober living facility/recovery house shall specify the maximum number of residents or occupants to be housed or cared for at the facility.

(7) Off-street parking must be adequate to accommodate the needs of the residents and staff of the sober living facility/recovery house. Parking shall be provided in accordance with the § 27-412 of this chapter.

(8) A sober living facility/recovery house shall not alter the essential character of the neighborhood or zoning district in which it is located.

(9) A minimum of 400 square feet of outdoor open space shall be provided per each resident.

(10) In addition to the special exception review requirements specified under § 27-118 of this chapter, each special exception application shall be accompanied with a statement describing the following:

(a) The nature and character of the sober living facility/recovery house;

(b) The policies and the goals of the sober living facility/recovery house;

(c) The management and administration structure;

(d) The history of the parent institution and the characteristics of the residents, along with the number of residents to be served; and

(e) All other facts relevant to the operation of the sober living facility/recovery house.

C. Dwelling Unit. One or more rooms, with separate cooking and bath facilities, used or designed for use by one or more persons maintaining a common household, with access directly from outdoors or through a common entrance. The following are permitted dwelling unit types:

(1) Multifamily Dwelling, Apartment. A building used by three or more families living independently of each other, with their own cooking and bath facilities, including apartment houses and condominiums. The following supplemental use regulations apply:

(a) Property shall be served by public water and public sewer.

(b) A landscaping plan for the entire parcel shall be required. A landscape architect licensed by the Commonwealth of Pennsylvania shall be retained to complete such a plan to ensure the proper species, use, and arrangement of plant materials. All areas of the development not covered by impervious surfaces shall be landscaped and maintained with suitable ground cover and plants. Existing vegetation is encouraged to be preserved for landscaping purposes.

(c) The minimum separation between multifamily buildings shall be 20 feet.

(d) All multifamily buildings shall be designed to provide complex massing configurations with a variety of different wall planes and roof planes. Plain, monolithic structures with long, monotonous, unbroken wall and roof surfaces of 50 feet or more are prohibited. At least every 50 linear feet, wall and roof planes shall contain offsets or setbacks with a differential in horizontal plane of at least four feet.

(e) Multi-family Dwelling Accessory buildings.

1) Detached garages and other accessory Structures, including, but not limited to, grouped mailboxes, storage and maintenance facilities, recreational facilities, picnic shelters, and gazebos, shall incorporate compatible materials and scale as the primary multifamily buildings, except that flat and shed roofs are prohibited.

2) Rear walls of detached garages and other accessory Structures as specified above that back onto the street shall be articulated through the use of windows, trellises, or a variety of roof planes.

(f) Adaptive Reuse. The following requirements shall also apply for reusing a building initially constructed and occupied for a nonresidential use:

1) The building must be located within a zoning district that permits residential housing.

2) The foregoing standards for multiple-family dwellings in this section shall apply, except that the number of dwelling units per building shall be permitted not to exceed the maximum permitted density set forth in controlling zoning district(s).

3) A swimming pool, fitness center, or other indoor or outdoor areas of active or passive recreation shall be provided on the property.

(2) Multifamily Conversion. An existing single-family detached dwelling that has been converted or shall be converted to individual dwellings for two or more families without substantially altering the exterior of the building. The following supplemental use regulations shall apply:

(a) Minimum apartment size shall conform to the following scale:

1)

Number of Bedrooms	Usable Living Area
1	500 square feet
2	650 square feet
3	850 square feet

(b) Only existing, single-family detached dwellings may be converted for conversion apartment use.

(c) A maximum of four units may be created by the conversion of a single-family detached Structure.

(3) Single-Family Detached Dwelling. A building used by one family, having only one dwelling unit and surrounded by open space or yards and which is not attached to any other building by any means. Only one single-family detached dwelling shall be permitted for each legally subdivided building parcel.

(4) Single-Family Semidetached, Duplex. One of two buildings arranged or designed as a dwelling, located on abutting lots and separated from each other by a solid partition — without openings — extending from the basement floor to the highest point of the roof along the dividing parcel line and separated from any other building or Structures by space on all sides.

(5) Single-Family Semi-Attached, Townhouse. A single-family attached dwelling unit in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each is separated from any other unit by one or more vertical common fire-resistant walls. The following supplemental use regulations shall apply:

(a) Maximum number of continuous attached dwelling units: seven.

(b) Variety in Design. Developments of more than 40 dwelling units should include a variety of complementary designs and colors between buildings or clusters of buildings to avoid extreme repetition. Extreme design and color variations on different parts of the same building are discouraged. Variation in rooflines of structures is strongly encouraged.

(c) Changes in Facade. For every attached grouping of four or more townhouses, a minimum of two changes in the front wall plane shall be provided. Such a change shall involve a minimum variation or offset of four feet. This requirement may be met by differing setbacks between an attached garage and a dwelling, or differing setbacks among different dwellings, or differing setbacks along the front of a dwelling.

(d) Buffer Yard. A 10-foot-wide buffer yard with screening shall be provided by the developer of the townhouses or low-rise apartments between any townhouse or low-rise apartment principal buildings and any of the following features that are at least partially within 100 feet of such buildings:

1) Any abutting existing single-family detached dwelling;

2) The right-of-way of an expressway; or

3) The right-of-way of an arterial street that abuts the rear of townhouse units.

(e) To avoid incompatible structures in a higher-density environment, townhouse developers are strongly encouraged to establish deed restrictions or homeowners' association regulations controlling the general types and materials of attached decks, fences and accessory structures that may be added or constructed in the future.

(f) Minimum Width of Townhouses. Each townhouse dwelling unit shall have a minimum width of 18 feet, except that the minimum width shall be 24 feet for any townhouse that:

1) Has two or more off-street parking spaces located within 20 feet of the front of the townhouse.

2) Has a garage door(s) for two or more motor vehicles facing onto a street.

(g) Minimum Private Area.

1) For each townhouse, there shall be a yard, balcony, patio or other outdoor area other than a driveway immediately adjacent to the front, back or side of each dwelling of not less than 200 square feet for the exclusive use of the occupants of that dwelling. If townhouses are subdivided into individual lots, the minimum lot area shall be the building footprint plus these 200 square feet.

2) Design measures shall be used to seek an appropriate level of privacy in any rear yards. Such measures might include landscape screening, compatible fencing or earthen berming. The intent is to avoid the placement of incompatible fencing by individual lot owners in the future.

3) Storage. If the maintenance of grass yards in front of or behind a townhouse is the responsibility of an individual homeowner, a small storage area suitable for storing lawn maintenance equipment shall be provided with appropriate outside access.

(h) Architectural Renderings. Preliminary architectural renderings, models or photos are required for any garden apartment or townhouse development of more than 15 units. Such information shall be provided to the Planning Commission for an advisory review but shall not be the basis for any approval or denial by the Borough.

(i) Paved Area Setback. All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, of principal buildings approved after the adoption of this chapter shall be set back a minimum of eight feet from any dwelling.

(j) Garages. It is strongly recommended that all townhouses be designed so that garages and/or carports are not an overly prominent part of the view from public streets. For this reason, parking courts, common garage or carport structures or garages at the rear of dwellings are encouraged instead of individual garages opening onto the front of the building, especially for narrow townhouse units.

(k) Mailboxes. Any mailboxes provided within the future street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of noncoordinated types at the curbside are discouraged.

(l) Access. Vehicular access points onto all arterial and collector streets shall be minimized to the lowest reasonable number. No townhouse dwelling within a tract of five or more dwelling units shall have its own driveway entering onto an arterial street.

(m) Utilities. Both public sewage and public water service shall be provided to each dwelling unit. All utilities within the development, including cable television, shall be placed underground.

(6) Staff Housing. Housing for bona-fide full-time employees of a college, university, seminary, or health-care facility.

(7) Student Housing. A multifamily dwelling with rooms for rental to students. The owner, or person responsible, 21 years of age or over, shall live on the premises.

(a) Fraternity. A form of student housing in which a group of male students, formally organized under a charter from a national or local Greek organization, holds regular meetings and has formal membership requirements. This form of student housing contains sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for fraternity members and their guests and is affiliated with a college or like-type institution of higher learning.

(b) Sorority. A form of student housing in which a group of female students, formally organized under a charter from a national or local Greek organization, holds regular meetings and has formal membership requirements. This form of student housing contains sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for sorority members and their guests and is affiliated with a college or like-type institution of higher learning.

(8) Student Housing, Institutional. A dwelling in accordance with § 27-1524: Additional Requirements for Certain Specific Principal Uses, § 27-1524(2)(II)(1),[1] that is owned or managed by a public or private educational institution or school for academic instruction, with rooms for use by students, such as a dormitory, sorority or fraternity, whether located on-campus or off-campus.

[1] Editor's Note: So in original.

D. Manufactured Home. Any structure intended for or capable of permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known but excluding transport trucks or vans equipped with sleeping space for a driver or drivers, and travel trailers. Manufactured homes placed on fee-simple lots shall be considered single-family detached dwellings and be bound by the requirements there imposed. The following supplemental use regulations shall apply to a manufactured home placed on a single fee-simple lot or as part of a manufactured home community.

(1) Shall be constructed in accordance with Manufactured Home Safety and Construction Standards of the United States Department of Housing and Urban Development.

(2) Shall have a site graded to provide a level, stable and well-drained area.

(3) Shall have wheels, axles and hitch mechanisms removed.

(4) Foundation. The manufactured home shall be securely attached to the ground in such a way as to prevent overturning, shifting or uneven settling of the home. This shall involve the following method, unless the applicant proves to the satisfaction of the Zoning Officer that another method will be used that is recommended by the manufacturer of the home or by the manufactured housing industry or is specified by the Pennsylvania Uniform Construction Code:

(a) The foundation system shall consist of 10-inch diameter concrete piers, concrete footing perpendicular to the main longitudinal frame, or equivalent, and shall be installed from ground level to below the frost line (36 inches minimum). This foundation system shall be placed on eight-foot centers (unless another length is specified by the manufacturer) along each of the two main longitudinal frames for each section of the home, with no more than three feet of overhang at each end of the section. The Borough building Inspector may approve other appropriate equivalent foundation methods, such as concrete trench piers placed perpendicular to the main longitudinal frame or concrete slabs under the entire home footprint.

(b) One-half-inch diameter by 12 inches long eyebolts, U-shaped bars or equivalent metal bars shall be cast in place at each corner and at two midpoints in the concrete piers, concrete footing, slab or equivalent. Concrete blocks shall be used to support the home on the foundation system, and wood shims may be used for final leveling. The concrete support blocks shall not be wider than the support foundation.

(c) Shall be securely anchored or tied down with cable and turn buckles or equivalent connecting the frame to the cast-in-place eyebolts on at least four corners and two midpoints. The tie-down shall also be in accordance with the manufacturer's recommendations furnished with each home.

(d) Shall not be placed more than four feet above the supporting ground area.

(e) Shall be enclosed from the bottom of the home to the ground or stand using either:

1) Industry-approved skirting material compatible with the home; or

2) If a slab foundation is used, masonry walls underneath the home with soil backfill to result in the surrounding ground level to be flush or one normal step in height below the first-floor elevation. If this alternative is used, a service access area through the masonry wall shall be installed.

(5) Shall have a pitched instead of a flat roof.

(6) Shall be located with the longest side facing the public street.

E. Manufactured Home Community. A parcel of land under single ownership which has been planned and improved for the placement of two or more manufactured homes for nontransient residential use. The individual manufactured homes may be individually owned. A development of manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes and shall not be considered to be a "manufactured home community." The following supplemental use regulations apply:

(1) A manufactured home community shall comply with all of the provisions of the Code of Ordinances, Borough of Gettysburg, Chapter 22, Subdivision and Land Development, including the submission, approval and improvements provisions, and other provisions.

(2) The placement of each manufactured home unit shall require a building permit.

2. Lodging Uses. A category of uses for overnight accommodations.

A. Bed-and-Breakfast. The use of a single-family detached dwelling and/or accessory structure which includes the rental of transient lodging accommodations and bathroom access, with a maximum of 10 rooms, which does not provide any cooking facilities or the provision of meals for guests other than breakfast, and which use is operated by a person or persons who maintain a permanent residency on or at the property, parcel or lot where the use is conducted. The following supplemental use regulations apply:

(1) The use shall have a residential appearance and character and shall not alter the residential nature of the neighborhood and/or the residential character of the district.

(2) Kitchen facilities shall comply with 7 Pa. Code Chapter 46, Pennsylvania Food Code, as administered by the Pennsylvania Department of Agriculture or its successor agency.

(3) Access to guestrooms shall be via a main entrance, lobby, or foyer within the building. No guestroom shall have separate exterior access, except as may be required by applicable fire or building codes.

(4) No employees who are not otherwise eligible to be a member of the same household with the owner of the bed-and-breakfast may live on-site.

(5) The off-street parking spaces for the bed-and-breakfast shall be located:

(a) To the rear of the principal building;

(b) Screened from the street and abutting dwellings by evergreen screening; or

(c) On another lot within the requirements of § 27-412, Parking, Loading, and Unloading.

(6) At least one full bathroom shall be provided for every four sleeping rooms.

(7) The use shall be operated by permanent residents of the subject property.

(8) There shall not be separate cooking facilities in any guest room. Food shall only be served to guests who are staying overnight, unless a restaurant is also permitted by the district regulations.

(9) The use of any amenities provided by the bed-and-breakfast, such as a swimming pool or tennis court, shall be restricted in use to the clientele and permanent residents of the establishment and their occasional invited guests, unless commercial recreation is also permitted by the district regulations.

(10) Any required exterior improvements to the building, such as those required to meet applicable fire safety requirements, shall be located to the rear of the building and shall not detract from the residential character of the building.

(11) The operator of a bed-and-breakfast use must demonstrate registration with the Adams County Treasurer's Office in compliance with County Ordinance No. 2 of 2018, as amended, for the payment of hotel room rental tax.

B. Community Residence, Halfway House. A dwelling occupied by not more than eight transitionally institutionalized individuals that are inmates in prerelease status or inmates granted parole by the Pennsylvania Board of Probation and Parole who need specialized housing, treatment and/or counseling that provides supervised housing as an alternative to imprisonment, including but not limited to pre-release, work-release, probationary programs, or active criminal rehabilitation for the supervision of who have violated the law and who are sent to a halfway house upon release from, or in lieu of being sent to, a penal institution or juvenile detention center. The following supplemental use regulations shall apply.

(1) A halfway house must be licensed where required by an appropriate government agency (agencies) and shall comply with all applicable rules and regulations of the licensing body (bodies). A copy of any required license must be delivered to the Borough before beginning the use.

(2) A halfway house shall be directly affiliated with a parent institution or organization that shall provide full-time supervision and administration to the residents of the house.

(3) A common cooking and eating area must be provided; no cooking or dining facilities shall be provided in individual rooms or suites.

(4) The residents of the halfway house shall reside on-premises to benefit from the services provided.

(5) Property shall be served by public water and public sewer.

(6) The halfway house shall not be located within 1,000 feet of any religious structure, public recreation facility, school facility, day-care center, or public library.

(7) The halfway house shall not be located with 1,000 feet from another halfway house.

(8) A minimum of 400 square feet of outdoor open space shall be provided per each resident.

(9) In addition to the special exception review requirements specified under § 27-118 of this chapter, each application shall be accompanied by a statement describing the following:

(a) The character of the halfway house;

(b) The policies and goals of the halfway house and the means proposed to accomplish those goals;

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

(d) The operating methods and procedures to be used; and

(e) Any other facts relevant to the proposed operation of the halfway house.

(10) Any special exception granted for the halfway house shall be bound to the type and number of offenders listed on the application. Any change in the type or number of offenders being housed shall require a new special exception.

C. Hotel. A building consisting of individual rooms designed and used primarily for transient lodging, where such lodging is provided for compensation (with or without meals), in which provisions for cooking are generally not made in individual rooms or suites, and where individual rooms or suites are accessed from hallways internal to the building. Any such use that customarily involves the housing of persons for periods of time longer than 30 days shall be considered a "boardinghouse" and shall meet the requirements of that use as set forth herein. See also a bed-and-breakfast use as defined herein. A hotel may include a restaurant, convention center/meeting rooms, nightclub, newsstand or tavern, provided that such uses are clearly accessory to the principal use of overnight accommodations. The following supplemental use regulations apply:

(1) Minimum lot size: 10,000 square feet.

(2) Recreational facilities limited to guests of the use.

(3) A private lobby shall be included.

(4) Rooms shall be accessed from the interior of the building, including from interior courtyards, lobbies, or halls.

(5) The operator of a motel must demonstrate registration with the Adams County Treasurer's Office in compliance with County Ordinance No. 2 of 2018, as may be amended, for the payment of hotel room rental tax.

D. Inn. A public accommodation that may or may not consist of a private dwelling, which contains 20 or fewer bedrooms, used for providing transient lodging accommodations and which does not provide any cooking facilities for guests. A public accommodation that may or may not consist of a private dwelling, which contains 20 or fewer bedrooms, used for providing transient lodging accommodations and which does not provide any cooking facilities for guests. The following supplemental use regulations shall apply:

(1) The off-street parking spaces for an inn use shall be:

(a) Located to the rear of the principal building;

(b) Screened from the street and abutting dwellings by evergreen screening; or

(c) On another parcel consistent with the requirements of § 27-412, Parking, Loading, and Unloading.

(2) At least one full bathroom shall be provided for every four sleeping rooms.

(3) The use shall have a residential appearance and character.

(4) The use shall be operated by a person or persons who maintain a permanent residency on or at the property or parcel where the use is conducted or who reside within a 10-mile radius of the facility, or alternatively, the inn shall provide on-site staff and employee presence at all times when guests are present at the facility.

(5) There shall not be separate cooking facilities in any guest room. Food shall only be served to guests who are staying overnight, unless a restaurant is also permitted by the district regulations.

(6) The use of any amenities provided by the inn, such as food service or meeting rooms, may be provided to the public if those or similar commercial uses, as determined by the Zoning Officer, are also permitted in the underlying zoning district.

(7) Any required exterior improvements to the building, such as those required to meet applicable fire safety requirements, shall be located to the rear of the building and shall not detract from the residential character of the building.

(8) The operator of an inn must demonstrate registration with the Adams County Treasurer's Office in compliance with County Ordinance No. 2 of 2018, as may be amended, for the payment of hotel room rental tax.

E. Motel. A building or group of buildings, whether detached or in connected units, containing individual rooms designed and used primarily for transient lodging, together with accessory off-street parking facilities, and where such individual rooms are accessed from the sidewalks or walkways on the exterior of the building. Any such use that customarily involves the housing of persons for periods of time longer than 30 days shall be considered a "boardinghouse" and shall meet the requirements of that use as set forth herein. See also bed-and-breakfast use as defined herein. A motel may include a restaurant, nightclub, newsstand or tavern, provided that such uses are clearly accessory to the principal use of overnight accommodations. The following supplemental use regulations shall apply:

(1) Minimum lot size: 10,000 square feet.

(2) Recreational facilities limited to guests of the use.

(3) A private lobby shall be included.

(4) Individual rooms shall be accessed from the sidewalks or walkways on the exterior of the building.

(5) The operator of a motel must demonstrate registration with the Adams County Treasurer's Office in compliance with County Ordinance No. 2 of 2018, as may be amended, for the payment of hotel room rental tax.

F. Rooming House or Boardinghouse. A residential use in which:

(1) Individual rooms that do not meet the definition herein of a dwelling unit are rented for habitation by a total of one or more persons.

(2) A dwelling unit that includes more than the permitted maximum number of unrelated persons. A boardinghouse shall not include a use that meets the definition of an adult day-care center, bed-and-breakfast, hotel, assisted living facility, group home, hotel, motel, and student housing as defined herein. A rooming house/boardinghouse may either involve or not involve the providing of meals to residents. This use shall only involve renting living accommodations for minimum periods of 30 consecutive days. The following supplemental use regulations shall apply.

(a) Minimum lot size: 20,000 square feet.

(b) Minimum front yard setback: 25 feet. Minimum setback from all other lot lines shall be 40 feet.

(c) Minimum parcel width: 125 feet.

(d) Density: a minimum of 2,000 square feet of lot area per sleeping room or rental unit, whichever is more restrictive.

(e) Each sleeping room shall be limited to two persons each. A minimum of one full bathroom shall be provided for every four sleeping rooms.

(f) A 15-foot-wide buffer yard with screening meeting § 27-416, Screens and Buffers, shall be provided between any rooming house/boardinghouse building and any abutting single-family detached dwelling that is within 100 feet of the proposed rooming house/boardinghouse building.

(g) Interior space: a minimum of 250 square feet of interior floor area per resident.

(h) Maximum number of residents: 20.

(i) See also standards for personal care homes, which are a separate use.

(j) Signs shall be limited to one wall sign with a maximum of two square feet per side.

(k) Rooms shall be rented for a minimum period of 30 consecutive days.

G. Vacation Rental. The principal use of a building where, for compensation and where the dwelling unit is not concurrently occupied by the operator of the use, short-term Lodging is provided for transient guests and meals are not provided. The following use regulations shall apply:

(1) The operator of a vacation rental use shall, at all times while the property is being used as a vacation rental, maintain a contact person/entity on record with the Borough within a 15-minute drive of the property. The contact person or entity must be available via telephone 24 hours per day, seven days per week, to respond to complaints regarding vacation rental use.

(2) A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address and telephone number of the contact person required herein. The notice shall also set forth the address of the vacation rental use, the maximum number of vehicles permitted to park on-site, and the day(s) established for garbage collection.

(3) Only one rental booking shall occur per dwelling unit per night. Multiple separate overnight accommodations in a single dwelling shall be prohibited.

(4) Food, drink, or meals shall not be provided for compensation.

(5) On-site advertising of a vacation rental use shall be limited to one sign with a maximum size of four square feet.

(6) Any required exterior improvements to the building, such as those required to meet applicable fire safety requirements, shall be located to the rear of the building and shall not detract from the residential character of the building.

(7) The operator of a vacation rental use must demonstrate registration with the Adams County Treasurer's Office in compliance with County Ordinance No. 2 of 2018, as may be amended, for the payment of hotel room rental tax.

H. Temporary Shelter Facility. A facility providing temporary, emergency housing, and social, health, and related services for families and/or individuals 18 years of age or older, who are without resources and access to shelter. The following supplement use regulations shall apply:

(1) The maximum number of residents of the lodging shall be based upon a ratio of one person for every 50 square feet of interior space devoted to sleeping area, not to exceed 100 residents total.

(2) The facility shall have staffing on-site during all hours of operation.

(3) At least one toilet and shower shall be provided for every 15 shelter beds.

(4) New temporary shelter facilities shall not be located within 2,000 feet of another temporary shelter, group home, residential board and care home, rooming house/boardinghouse, medical clinic, hospital, school, or park.

(5) The temporary shelter facility shall be open to the individuals it serves for 24 hours per day, including the provision of an indoor waiting area for use by individuals when a portion of the facility is not open for operation. Lodging shall be provided on a reservation or referral basis so that clients shall not be required or allowed to queue for services outdoors.

(6) All functions associated with the temporary shelter facility, except for children's play areas, outdoor recreation areas, and parking shall take place within the building housing the shelter.

3. Civic and Institutional Uses. A category of uses related to fulfilling the needs of day-to-day community life, including assembly, public services, educational facilities, and hospitals.

A. Assembly, Neighborhood. Facility that has organized meetings, or programs to benefit, educate, or promote discourse amongst the residents of the community in a public or private setting. Includes such uses as community centers, auditoriums, civic centers, convention centers, performing arts facilities, and recreation centers. This use shall not include and, by this definition, specifically excludes event venues. The following supplemental use regulations apply:

(1) The use shall occupy a building with 10,000 square feet or less GFA.

(2) A 40-foot buffer yard shall completely separate the structure and all off-street parking areas from any lot line of any residential use or undeveloped residentially zoned lot.

(3) The use shall have a minimum lot size of one acre for each 150 persons of capacity.

(4) Any such use that allows the consumption of alcohol and that has a capacity of 250 or more persons shall be set back a minimum of 300 feet from any residential lot line.

B. Cemetery. Land used or intended to be used for the burial or resting place of the deceased. The following use regulations shall apply:

(1) All burial plots or structures shall be located at least 20 feet from any property line or street line.

(2) Documentation shall be provided that water supplies of surrounding properties shall not be contaminated by burial activity within the proposed cemetery.

(3) No burial plots or facilities are permitted in the 100-year flood zone.

C. Government Facility. A single-purpose public facility used for civic functions, which includes a place for public assembly in a portion of the facility, for the executive, legislative, or judicial branches of the state or a political subdivision thereof. Includes Borough Hall, Board of Supervisors chambers, federal facilities and courts. Does not include office buildings occupied by a government entity that are also utilized by private or nongovernmental occupants.

D. Hospital. A Pennsylvania Department of Health-licensed institution providing medical care and health services to the community, primarily ill or injured patients. These services may be located in one building or clustered in several buildings, one of which shall provide emergency services, and may include additional hospital-affiliated accessory uses such as laboratories, in- and out-patient facilities, training facilities, medical offices, staff sleeping quarters (but not full-time residences), food service, heliports, pharmacies, laundry facilities, florists, vendors of medical equipment, opticians, and gift shops. The following performance standards shall apply:

(1) The property shall front on an arterial or collector street and shall be served by at least two accessways or driveways with a minimum width of 20 feet. One of these accesses shall be from an arterial or collector street. The second access may be limited to emergency vehicles.

(2) Reasonable consideration shall be given to design methods that may be able to minimize serious noise conflicts from emergency sirens in the vicinity of a residential district.

(3) Where more than one building occupies a parcel, the interior yard requirements specified under § 27-424 of this chapter shall apply.[2]

[2] Editor's Note: So in original.

(4) Emergency entrances shall be located on a building wall which faces away from adjoining residences or residential zones or is set back a minimum of 500 feet from the residences or residential zones.

(5) The institution shall submit a copy of its emergency operations plan (EOP) to the Borough Emergency Management Agency or Coordinator. The EOP shall include detailed information regarding solid, medical and hazardous materials and waste handling, including a listing of all medical and hazardous materials and wastes used and generated on site and evidence indicating the disposal of all materials and wastes shall be accomplished in a manner that compiles with state and federal regulations.

(6) Screening shall be provided in accordance with the standards specified in § 27-416 of this chapter.

E. Library/Museum. A use open to the general public that houses educational, cultural, artistic, or historic information, resources, and exhibits. Includes such uses as libraries, museums, aquariums, planetariums, and exhibitions. May also include such accessory uses including, but not limited to, theater space, food service, gift shop, and meeting rooms.

F. Places of Worship. Any building used for the purposes by an established religious organization where such building is primarily intended to be used as a place of worship. The term includes, but is not necessarily limited to, church, temple, synagogue, and mosque. The following supplemental use regulations shall apply:

(1) Minimum Lot Size: 30,000 square feet.

(2) Weekly religious education rooms and meeting rooms are permitted accessory uses, provided that such uses are of such a character and intensity that they would be clearly customary and incidental to the place of worship. A primary or secondary school and/or a child or adult day-care center are permitted on the same lot as a place of worship as long as requirements for such uses are also met. Noncommercial buses used primarily to transport persons to and from religious services or a permitted school on the parcel may be parked on the parcel, provided that the minimum number of required parking spaces are not impacted.

(3) One dwelling unit may be accessory to a place of worship on the same parcel.

(4) All places of worship shall have vehicular access to an arterial or collector street.

(5) All off-street parking areas shall be in the rear yard, set back at least 10 feet from the closest property line and screened from adjoining properties.

(6) The use of any building for religious worship is not regulated under this chapter and is permitted by right in all districts.

(7) Places of worship may be used as temporary shelters for the indoor, overnight housing of people that are homeless. In no instance shall the grounds of a place of worship be used to establish temporary overnight housing in tents or other similar camping-style accommodations.

(8) Places of Worship-Related Residences (Rectories and Convents).

(a) All residential uses shall be accessory and located upon the same parcel or directly adjacent to a parcel containing a house of worship.

(b) All residential uses shall be governed by the location, Height and bulk standards imposed upon other residences within the underlying zoning district, except that any number of persons of a convent and/or seminary may share group quarters.

(9) Places of Worship-Related Cemeteries.

(a) All burial plots or structures shall be located at least 20 feet from any property line or Street line.

(b) No burial plots or facilities are permitted in the 100-year flood zone.

G. Police/Fire/EMS. A use from which public safety, and emergency operations and training services are delivered and may include storage space for emergency service vehicles. Training rooms, locker rooms, kitchens, and limited overnight accommodation may also be included within the facility.

H. School, Public or Private. Buildings, including grounds, where there are training facilities for the teaching of students or offering instruction in a classroom or organized basis for any branch of knowledge, including public, private, parochial, eleemosynary, vocational or any institution intended, that offers teaching instruction for pre-school, kindergarten through 12th grade, vocational educational training, and post-secondary education that grants associates, bachelors, masters, and/or doctoral degrees. The following supplemental use regulations shall apply:

(1) For public schools, the applicant shall meet all requirements of 25 Pa. Code Chapter 171, Schools, and state and federal requirements for the construction, remodeling or alteration, or conversion of an existing property to an educational facility.

(2) Minimum lot area: 30,000 square feet, unless a larger acreage is required by another section of this chapter.

(3) No children's play equipment, basketball courts or illuminated recreation facilities shall be within 25 feet of a residential lot line or residential district.

I. Stadium/Arena. A building or structure seating more than 1,000 spectators in tiered seating at sporting events, concerts, meetings, and gatherings of large groups. A stadium/arena may be in the open air or covered by either a fixed or retractable roof. The following supplemental use regulations apply:

(1) Major Entrances. A stadium/arena shall have multiple public entrances, including one major entrance on the facade designated by the property owner as the front setback. Such entrances shall be well-marked to cue access and use through means of enhancement that may include but are not limited to architectural, landscape, or graphic treatments. Where possible, major entrances shall take advantage of prominent intersection locations.

(2) School Stadium. A stadium/arena is a permitted accessory use to a school.

4. Forestry and Open Space Uses. A category of uses generally applicable to the use of the land and may not require buildings or other facilities uses for forestry, and/or active or passive, public, or private, outdoor recreation, education, or entertainment.

A. Forestry. The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development. The following use regulation shall apply:

(1) To encourage maintenance and management of forested or wooded open space and promote the conduct of forestry as a sound and economically viable use of forested land and forestry activities, including, but not limited to, timber harvesting, and to be in compliance with the MPC, as amended,[3] forestry shall be a permitted use by right in all zoning districts as stipulated in Table 3.01, Table of uses.

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

B. Recreation Facility, Commercial or Private. A privately owned and operated indoor and/or outdoor facility used for arcade games, swimming, bowling, tennis club, rink, track, alley, cage, course, field throwing, or other similar types of uses in which the patrons pay a fee and/or are members to participate in or view a recreational or entertainment physical activity, including activities which include motorized vehicles and the like.

C. Recreation Facility, Public. A facility owned by the Borough, or a public or quasi-public body designed for the preservation of historic or scenic property or recreational use by the general public. Public recreation facilities include open space and parks for public access, public parks, public gathering spaces, and Borough-owned recreation areas and playgrounds.

D. Shooting Range, Indoor. A commercial business where for a fee firearms and other projectile-type weapons (e.g., guns, rifles, shotguns, pistols, air guns, archery crossbows, etc.) can be shot indoors for recreation, competition, skill development, training, or any combination thereof. May include retail sales. The following use regulations shall apply:

(1) The facility shall not be located within 100 feet of any residentially zoned property.

(2) The facility shall have frontage and access to an arterial or collector street.

(3) The facility shall be designed according to the indoor range design criteria specified in the U.S. Department of Energy Office of Health, Safety and Security's "Range Design Criteria" publication dated June 4, 2012. These design criteria shall be the minimum criteria used to design a commercially owned and operated indoor shooting range.

5. Commercial Uses. A category of uses involving the sale of goods and provision of services to the public for personal or household consumption. Visibility and accessibility are important to these uses, as most businesses typically rely heavily on walk-in customers and scheduled appointments.

A. Adult Day-Care Center. A use providing supervised care and assistance primarily to people who, because of physical or mental infirmity, cannot themselves meet these needs, but who do not require 24-hour nursing care. This use does not include services provided for persons whose needs are such that they can only be met in a long-term care facility on an inpatient basis receiving professionally supervised nursing care and related medical and other health services. In addition, the use shall not include persons who need oversight because of behavior that is criminal or violent to others. This use may involve occasional overnight stays but shall not primarily be a residential use. The use shall involve typical stays of less than a total of 60 hours per week per person. The following supplemental use regulations shall apply:

(1) The use shall be fully licensed and permitted to operate by the Pennsylvania Department of Aging and any successor agency of the commonwealth, and a copy of such license shall be furnished to the Borough Zoning Officer.

(2) The use shall include constant supervision during all hours of operation.

(3) The use shall not meet the definition of a group home, sober living facility/recovery house, or methadone/suboxone treatment facility.

B. Adult Establishments. Shall be defined as any of the following:

(1) Any commercial establishment, including but not limited to adult book stores, adult motion picture theaters, adult mini-motion picture theaters, adult entertainment cabaret, or other adult entertainment establishments, in which is offered for sale 10% or more of its stock in trade video cassettes, movies, books, magazines, or other periodicals or other media which are distinguished or characterized by their emphasis on nudity or sexual conduct or activities which if presented in live presentation would constitute adult entertainment.

(a) Adult Bookstore. An establishment having as a substantial or significant portion of its stock in trade motion pictures, video recordings, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to obscene activities for observation by patrons thereof or an establishment with a segment or section devoted to the sale, rental or display of such material.

(b) Adult Cabaret. A nightclub, bar, restaurant or similar establishment that regularly features live performances that are characterized by the exposure of specific anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by any emphasis upon the depiction or description of specified activities or anatomical areas.

(c) Adult Mini-Motion-Picture-Theater. An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to obscene activities for observation by patrons therein.

(d) Adult Motion Picture Theater. An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to obscene activities for observation by patrons therein.

(2) Any commercial establishment that offers for a consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex.

(3) Any commercial establishment that offers for consideration activities between male and female persons and/or persons of the same sex when one or more persons are nude or semi-nude.

(4) Any commercial establishment that offers for a consideration nude human modeling.

(5) The following supplemental use regulations shall apply to an adult establishment:

(a) Proximity to Certain Uses. No building or premises shall be used, and no building shall be erected or altered, which is arranged, intended or designed to be used for an adult establishment if any part of such building or premises is situated on any part of a parcel within a 500-foot radius in any direction of any parcel used for, or upon which is located, any building used for any residential use; places of worship, medical clinic, medical office, hospital, school, facility attended by persons under the age of 18 (including but not limited to school programs, children's museums, camps, and athletic leagues), or a public park. The applicant shall provide receipts showing that they have mailed, by certified mail, a written notice of the proposed special exception hearing date to all property owners of record within 500 feet of the subject property at least 10 days prior to the hearing date.

(b) No such use shall be located within 1,500 linear feet of any other existing or approved adult establishment.

(c) No more than 5% of the parcel may be covered by buildings or accessory buildings.

(d) A 30-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 27-416, but with plantings of an initial minimum height of six feet.

(e) No pornographic material, displays, or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.

(f) The applicant must prove to the satisfaction of the Zoning Hearing Board that such use would not in any way adversely affect the character of the surrounding area, including property values.

(g) No such use shall be used for any purpose that violates any federal, state or Borough law. Any violation of this zoning requirement involving a serious criminal offense that the proprietor has continuing knowledge of and allows to occur shall be sufficient reason for the Borough to revoke Borough permits.

(h) No such use shall be allowed in combination with the sale of alcoholic beverages.

(i) The use shall not include the sale or display of obscene materials, as defined by state law, as may be amended by applicable court decisions.

(j) These uses are specifically prohibited in all districts except where specifically permitted.

(k) For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes but is not limited to booths for viewing adult movies or nude dancers. No room of any kind accessible to customers shall include less than 150 square feet, other than the required restrooms.

(l) No use may include live actual or simulated sex acts or any sexual contact between entertainers or between entertainers and customers.

(m) Only lawful massages, as defined by state court decisions, shall be performed in a massage parlor.

(n) All persons within any adult use other than a permitted adult live entertainment use shall wear nontransparent garments that cover their genitals and the female areola.

(o) Adult Use Owners and Managers. The applicant shall submit a written list of all people having an ownership interest of more than 1% in the business, including shareholders and partners of any corporation. The applicant shall also submit the name of the manager who is responsible for ensuring that all Borough and state regulations are enforced on a day-to-day basis. Such a manager shall reside within a 25 mile radius of the use. Such information shall include the person's business and home addresses and phone numbers and shall be a matter of public record. Such information shall be kept up to date. Failure to keep such information up to date shall be a violation of this chapter and be reason for the suspension of Borough permits.

C. Assisted Living Facility. A use in which food, shelter, assisted living services, assistance or supervision and supplemental health care services are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation from the facility in the event of an emergency or medication prescribed for self-administration. The following supplemental use regulations shall apply:

(1) The use shall be fully licensed and permitted to operate by the Pennsylvania Department of Human Services and any successor agency of the commonwealth, and a copy of such license shall be furnished to the Borough Zoning Officer.

(2) The use shall include constant supervision during all hours of operation.

(3) The use shall not meet the definition of a group home, soler living facility/recovery house, or methadone treatment center.

D. Automobile/Truck Repair Garage. A building and/or land where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include but not be limited to any use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an auto service station is also permitted as part of an auto repair garage. This use shall not include a use meeting the definition of a "truck stop." The following supplemental use regulations shall apply:

(1) All major repair, welding and paint work shall be performed within a building, with a fume collection and ventilation system that directs fumes away from any adjacent dwellings.

(2) All reasonable efforts shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots.

(3) Outdoor storage of autos and other vehicles shall be suitably screened and buffered in accordance with § 27-416, Screens and Buffers, and shall not be closer than 20 feet from a lot line of an existing dwelling.

(4) Overnight outdoor storage of junk, other than nonrepairable vehicles, shall be prohibited within view of a public street or a dwelling.

(5) An individual nonrepairable vehicle shall not be stored within view of a public street or a dwelling for a total of more than 20 days. No nonrepairable vehicles shall be stored within 20 feet of an existing street right-of-way line. A maximum of six nonrepairable vehicles may be parked on a lot outside of an enclosed building at any one time.

(6) Service bay doors shall not face directly towards an abutting dwelling, not including a dwelling separated from the garage by a street.

(7) A use that is primarily intended to serve trucks with three or more axles or tractor-trailer trucks shall have a minimum lot area of one acre; and all areas used for repairs, fueling and serving of such vehicles shall be set back a minimum of 250 feet from a residential lot line.

E. Automobile Car Wash. A building or structure with accompanying open-air stations designed and used primarily for the automatic, semiautomatic, or hand washing, drying, polishing, and vacuuming of automobiles. The following supplemental use regulations shall apply:

(1) Car washes shall include a water reclamation system for the purpose of recycling water.

(2) Centralized sewage disposal facilities and centralized water supply facilities shall be provided. Filtration of wastewater shall be conducted before discharge to a sanitary sewer system.

(3) A National Pollutant Discharge Elimination System (NPDES) permit from the Pennsylvania Department of Environmental Protection is required to discharge wastewater directly into a surface water body or to a storm sewer that discharges to a surface water body.

(4) Residual sludge shall be disposed of in accordance with the Pennsylvania Department of Environmental Protection requirements and standards.

(5) On-site traffic circulation channels and parking areas shall be clearly marked.

(6) Adequate provision shall be made for the proper and convenient disposal of refuse.

(7) Water from the car wash operation shall not flow onto sidewalks or streets, to prevent hazards from ice.

F. Automobile Fueling Service. A building and/or land where gasoline is sold, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections. This use may include the sale of ready-to-eat food for consumption off the lot and of common household products as a clear accessory use. An accessory use providing only motor fuel to vehicles operated by that business shall not be considered to be an auto service station. This use shall not include a use meeting the definition of a "truck stop." The following supplemental use regulations shall apply:

(1) All repair, lubrication and other facilities, except fuel pumps, shall be completely enclosed within a building.

(2) Fuel pumps shall be at least 25 feet from the existing street right-of-way. The minimum lot width shall be at least 150 feet.

(3) Overnight outdoor storage of junk and vehicle parts, other than permitted whole nonrepairable vehicles, shall be prohibited within view of a public street or dwelling.

(4) An individual nonrepairable vehicle shall not be stored within view of a public street or a dwelling for more than a total of 20 days. No nonrepairable vehicles shall be stored within 20 feet of an existing street right-of-way. No more than three nonrepairable vehicles shall be stored on the lot outside of an enclosed building at any point in time.

(5) There shall be an ability for a minimum of three vehicles to be serviced at each cluster of gasoline pumps, or to be lined up behind cars being serviced, without obstruction of access into or out of the driveways from public streets.

(6) Environmental Controls for Accessory Automobile Car Wash.

(a) Automobile car washes, which shall be accessory to the principal use, shall include a water reclamation system for the purpose of recycling water.

(b) Centralized sewage disposal facilities and centralized water supply facilities shall be provided. Filtration of wastewater shall be conducted before discharge to a sanitary sewer system.

(c) A National Pollutant Discharge Elimination System (NPDES) permit from the Pennsylvania Department of Environmental Protection is required to discharge wastewater directly into a surface water body or to a storm sewer that discharges to a surface water body.

(d) Residual sludge shall be disposed of in accordance with the Pennsylvania Department of Environmental Protection requirements and standards.

G. Betting Use, Large. A place where more than 50% of the GFA of the building is used for lawful gambling activities, including but not limited to off-track pari-mutuel betting and any use of electronic gambling devices. This term shall regulate state lottery sales or establishments having 20 or more lawful games of chance. The following supplemental use regulations shall apply:

(1) Minimum lot size: one acre.

(2) A betting use shall have frontage on either an arterial or collector street.

(3) No betting use shall be located within 500 feet of another betting use.

(4) A betting use shall be located within 500 feet of any parcel of land which contains any one or more of the following specified land uses:

(a) Residential use or residential zoning district.

(b) Public park, including playgrounds.

(c) K-12 or vocational school.

(5) No more than one betting use may be located within one building or shopping center.

(6) The applicant must furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light and/or litter.

(7) The applicant shall furnish expert evidence as to how the use will be controlled to not constitute a nuisance due to noise or loitering outside of the building.

(8) All betting uses shall comply with the Pennsylvania Horse and/or Harness Racing Commission's rules and regulations pertaining to operation.

H. Betting Use, Small. A place where less than 50% of the GFA of the building is used for lawful gambling activities, including but not limited to off-track pari-mutuel betting and any use of electronic gambling devices. This term shall regulate state lottery sales or establishments having less than 20 lawful games of chance. The supplemental use regulations specified for betting use, large shall apply.

I. Brew Pub. An eating place, as defined herein, that includes as an accessory use the on-premises production of alcoholic beverages, including beer, wine, cider, and distilled liquors, and primarily sells its beverages on-site, either for on- or off-premises consumption. The area used for brewing, distilling, bottling, and kegging shall not exceed 30% of the total gross leasable GFA. The following supplemental use regulations shall apply:

(1) A brew pub shall be licensed by the Pennsylvania Liquor Control Board and any successor agency of the commonwealth, and a copy of such license shall be furnished to the Borough Zoning Officer.

J. Child-Care Center. A use involving the supervised care of seven or more children under age 16 at any one time who are not relatives of the primary operator of children outside of the children's own home primarily for periods of less than 18 hours during the average day. This use may also include educational programs that are supplementary to state-required education, including a nursery school. The following supplemental use regulations shall apply:

(1) A child-care center shall be licensed by the Pennsylvania Department of Human Services (DHS), and a copy of such license shall be provided to the Zoning Officer.

(2) The use shall not meet the definition of a family child-care home.

(3) Outdoor play areas shall not be located in the front yard.

(4) Outdoor play areas shall be screened from adjoining residentially zoned properties pursuant to the screen and buffer requirements specified under § 27-416 of this chapter.

(5) Any vegetative materials located within the outdoor play areas shall be of a non-poisonous and noninvasive type.

(6) All outdoor play areas shall provide a means of shade, such as shade trees or pavilions.

K. Commercial Equipment and Supply. A category of use involving the large-scale sale of goods to residents or businesses within the region. The goods or merchandise sold may be of the same type or a variety of types and typically occupy a space greater than 10,000 square feet GFA. This use may include bulk sales and typically involves frequent commercial vehicle and consumer traffic. This use is primarily located indoors but may also include accessory outdoor storage of goods. This includes such uses as those listed in Table 3.02, Typical Commercial Equipment and Supply uses.

Table 3.02, Typical Commercial Equipment and Supply Uses.

Bottled Gas (such as propane) Sales and Supply

Heating and Air Conditioning Supply, Sales and Service

Building Materials, Hardware, and Lumber Supply Machine Sales and Rental

Cabinet Supply (display only)

Electrical Supply

Plumbing Sales and Service

Farm Equipment and Supply Wholesale Trade

L. Community Service. A service or activity undertaken to advance the welfare of citizens in need that provides food and goods distribution to private citizens.

M. Convenience Store. Any retail store with a wide mix of goods typically used daily, including household goods, prepared and made-to-order foods, personal health items, cosmetics, motor vehicle products, candy, and tobacco products. The use may or may not include automobile fueling service.

N. Drinking Place. An established licensed and permitted location under the Pennsylvania Liquor Control Board to sell alcoholic beverages, including beer, wine, and liquor for on-site consumption. The following supplemental use regulation shall apply:

(1) The use shall not meet the definition of a brew pub or eating place.

O. Eating Place with Drive-Thru. A public restaurant whose business features the sale of quickly prepared or ready-to-eat foods, primarily for takeout, as opposed to a restaurant that prepares food to order primarily for in-house consumption. The following supplemental use regulation shall apply:

(1) The use shall not meet the definition of a brew pub or drinking place. However, an eating place may sell alcoholic beverages, including beer, wine, and liquor for on-site consumption as permitted through the Pennsylvania Liquor Control Board or its successor agency.

(2) Dumpster and waste containers shall be suitably screened.

(3) If a drive-thru is provided, a maximum of two outdoor menu boards are permitted, beyond the signs normally permitted, with a maximum sign area of 40 square feet each, if the words on such signs are not readable from beyond the lot line.

(4) Traffic circulation onto, within and off the lot shall be clearly marked. A drive-thru use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site.

(5) The applicant shall provide the following information regarding the restaurant use:

(a) Floor plan, which includes location of tables and seating areas and number of seats;

(b) Number of employees;

(c) Proposed delivery hours; and

(d) Proposed hours of operation.

(6) The applicant shall provide sidewalks to accommodate pedestrian traffic and constructed according to requirements in Chapter 21, Streets and Sidewalks, Part 2, Sidewalks, of the Borough Code of Ordinances.

(7) The primary entrance to the restaurant shall be located in a manner that minimizes detrimental traffic impacts, both pedestrian and vehicular.

(8) The applicant shall meet the parking requirements under § 27-412 for a restaurant on the lot. The applicant may fulfill the parking requirement subject to criteria in § 27-412, Parking, Loading, and Unloading. If the applicant requests a special exception to meet the parking requirement under § 27-412, Parking, Loading, and Unloading, that designated parking area or areas shall meet the parking requirement for all properties and uses the parking area serves.

P. Eating Place without Drive-Through. A public restaurant where the principal business is the sale of made-to-order food and beverages primarily for in-house consumption. The following supplemental use regulations shall apply:

(1) See supplemental use regulations for eating place with a drive-thru.

Q. Electronic Cigarette/Vaporizer Store/Smoking Places. A business establishment for which more than 50% of the GFA is dedicated to the storage, mixing, display, on-site consumption, and/or retail sale of tobacco products and/or electronic cigarette devices, nicotine-enriched solutions, and/or liquid products that are manufactured for use with electronic cigarettes.

R. Event Venue. The commercial use of a building and related facilities for the purpose of leasing the same on a temporary basis for private functions, meetings, cultural or celebratory events or gatherings, family events or gatherings, artistic, educational, and similar functions. This use shall not include and, by this definition, specifically excludes functions that are solely outdoor music performances or concerts, and uses that meet the definition of general assembly, neighborhood assembly, private club, or places of worship. The following supplemental use regulations shall apply:

(1) Minimum Parcel Size. All event venue uses shall be conducted on real property with a minimum parcel size of 0.5 acres if there are to be any outdoor components to the accessory activities associated with the use.

(2) It is intended that an event venue use shall be conducted primarily within the principal building or buildings comprising the use, and that all outdoor activities associated with such use shall occur with less frequency than indoor events.

(3) Temporary Accessory Structures. All temporary accessory structures shall be subject to the following:

(a) Front and side setback: 10 feet with screening when adjacent to a residential use or residential zoning district.

(b) All tents, canopies, and similar temporary structures shall be erected no more than 48 hours before an event and shall be dismantled and removed no more than 48 hours after an event.

(4) Areas used for dumpsters and/or waste containers for the disposal of trash and recycling storage and pickup must be screened with a fence of no less than five feet in height, or with plant material that will form a dense screen and which contains materials reasonably expected to attain a height of five feet within three years of planting.

(5) Operational Requirements.

(a) There shall be employee presence during all times in which there is client or customer presence, during all loading and setup activities, and throughout all events.

(b) Maximum attendance for outdoor events shall be 100 people, including staff.

(c) All outdoor activities associated with an event must cease by 11:00 P.M. prevailing time, including the setup and cleanup activities for the event.

(d) No operating, playing, or permitting the operation or playing of any radio or audio equipment (including from a vehicle), sound amplifier, television, musical instrument, or similar device which produces, reproduces, or amplifies sound outdoors after 9:00 PM prevailing time on Sunday through Thursday, and after 10:00 PM prevailing time on Friday and Saturday.

(6) Standing Vehicles. Any vehicles used to transport or shuttle attendees may only make temporary stops on the public right-of-way for the limited purposes of loading and unloading passengers. Parking of transport and shuttle vehicles on the alley, street, or in street parking spaces dedicated for the residential parking program shall be prohibited.

S. Farmers Market. An indoor or outdoor market for the retail sale of new or used merchandise, produce or other farm products, whether operated by a single vendor or composed of stalls, stands or spaces rented or otherwise provided to vendors. The term does not include the outside display of merchandise as an incidental part of retail activities regularly conducted from a permanent building or other areas immediately adjacent to, and upon the same parcel as, such building. The term also does not include merchandise sold at festivals or other special events, temporary in duration, at which the display and sale of merchandise is incidental to the primary cultural, informational, or recreational activities of such festival or special event. The following use regulations shall apply:

(1) A plan depicting the layout of the site, including dimensions, of the sales area, accessways, parking areas and location of trash receptacles.

(2) Specific days and hours of operation.

(3) The means, such as stalls, tables or other structures, by which merchandise is to be displayed.

(4) Vehicle parking shall be provided on-site and shall comply with the parking, loading, and unloading standards specified § 27-412 of this chapter.

(5) There shall be no less than one trash receptacle per 1,000 feet of sales area, all trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be permitted to accumulate.

(6) Merchandise, stalls or other materials shall not be stored outdoors when the use is not open for business.

(7) The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic or overflow parking.

(8) A certificate of insurance shall be provided showing: (a) general liability insurance for bodily injury and property damage in the minimum amount of $250,000 per person and $1,000,000 per occurrence to cover any loss that might occur as a result of the permitted use of the local and state rights-of-way or private property that might otherwise arise out of or be connected with the farmers market; (b) occurrence-based coverage; and (c) the Borough and applicable public and private landowners named as the additional insured. The applicant warrants the information in the insurance certificate is accurate.

(9) A minimum parcel area of 100 square feet per stand shall be provided.

(10) Farmers market vendors shall obtain a retail food license from the Pennsylvania Department of Agriculture to operate a food facility at a farmers market, whether the market is inside or outside. Each individual stand is considered its own retail food facility and shall obtain its own license to operate.

T. Family Child-Care Home. A facility that provides services for which the Pennsylvania Department of Human Services (DHS) has promulgated licensure or approval regulations. A family child-care home is a facility in which four, five or six children unrelated to the operator receive child-care services. A family care home shall be located in a habitable residential building that meets Borough building and fire code regulations. In addition to the requirements specified in DHS licensure or approval regulations, the following use regulations shall apply:

(1) A family child-care home shall be located in a residential home and must have a certificate of compliance (license) from DHS in order to operate. A copy of such license shall be provided to the Zoning Officer.

(2) The use shall not meet the definition of a child-care center.

(3) Outdoor play areas shall not be located in the front yard.

(4) Outdoor play areas shall be screened from adjoining residentially zoned properties pursuant to the screening requirements specified in § 27-416 of this chapter.

(5) Any vegetative materials located within the outdoor play areas shall be of a non-poisonous and noninvasive type.

(6) All outdoor play areas shall provide a means of shade, such as shade trees or pavilions.

(7) Refuse shall be collected on a regular basis by a commercial waste contractor.

U. Funeral Home. A place or premise approved by the Pennsylvania State Board of Funeral Directors wherein a licensed funeral director conducts the professional practice of funeral directing, including the care and preparation for burial, disposition, or transportation of dead human bodies, or any specifically designated location or address where any person or persons shall hold forth that he, she, or they are engaged in the licensed practice of mortuary science, embalming, cremation services, or funeral directing. A funeral home may include crematoriums, visitation rooms, and administrative offices. The following supplemental use regulations shall apply:

(1) Parcel Size. The minimum parcel area shall be 30,000 square feet.

(2) Traffic circulation on the parcel shall be designed to provide for the queuing of vehicles on the property without obstructing the free flow of traffic on adjoining streets.

V. General Commercial Service Uses. A category of uses for commercial retail and services for patrons' personal use and consumption. The businesses typically rely on walk-in customers to sell and/or provide their respective goods and services. General commercial service uses include uses such as those listed in Table 3.03, Typical Commercial Service Uses. In the event a specific general commercial service use is not identified in Table 3.03, the Zoning Officer shall have the authority to review the proposed use, and the applicant shall submit to the Zoning Officer such additional information as the Zoning Officer deems necessary to render a zoning certification letter as specified under § 27-113 of this chapter.

Table 3.03, Typical Commercial Service Uses.

Antique Shop

Apparel, Shoes, and/or Accessory Store

Appliance Sales

Aquatic Facilities

Arcades and Billiards

Art and/or Education Supplies Bakery with no distribution

Art Gallery and Sales

Automotive Supply (no service)

Barber Shop, Beauty Salon, and Spas

Batting Cages

Beer/Wine/Liquor Sales

Bicycle and Accessory Sales

Boarding, Day Care, and Training (interior only)

Book and/or Video Store

Bowling Alleys

Camera and Photo Supply Store

China and/or Glassware

Coffee Shop

Coin and/or Philatelic Store

Computer Software Sales and Leasing

Craft Store

Department Store

Discount Variety Store (e.g., dollar stores or five and dime stores)

Drug and/or Cosmetics Store, except medical marijuana dispensary

Dry Cleaning (pick-up/outlet only)

Electronics Sales

Fabric and Sewing Supply Store

Financial Depository Institutions/Banks, chartered and excluding Check Cashing Establishments

Firearms Sales and Service

Laundromat

Locksmith

Luggage and/or Leather Goods

Magazine and/or Newspaper Store

Mailing and Delivery Services

Medical Supply Store

Miniature Golf Courses

Motorcycle and Motor Scooter Sales, limited outdoor display

Music and/or Musical Instruments

Nursery

Office Machines and Supply

Optical Goods

Outdoor Recreation Equipment

Paint and Wallpaper Store

Pet and/or Pet Supplies Shop

Secondhand sales of any item permitted for sale new

Small Appliance Store

Specialty Food (Candy, Fish, Produce, Prepared Foods, etc.)

Sporting Goods

Stationery and Paper Store

Motion Picture Theaters

Pet Grooming

Phone Sales and Service

Photocopying and Printing

Photography Studio with Supplies

Post Office, limited distribution

Rental of any good permitted to be sold in the district

Repair of any good permitted to be sold in the district

Fitness Club, Athletic Club, Dance Studio, Yoga

Studio and Gym

Florist

Framing Shop

Garden Supply and/or Nursery

Gift, Novelty and Souvenir Shop

Hardware Store

Home Furnishings and Accessories

Home Furniture and Equipment Repair

Jewelry and/or Gem Store

Skating Rink

Tailor or Seamstress

Tanning Salon

Therapeutic Massage establishment, licensed proprietor

Toy and/or Baby Supplies Travel Agency, Ticketing

Veterinary Services/Animal Hospital

W. Grocery Store. Any store commonly known as a supermarket, food store, or grocery store, with at least 60% of gross square footage dedicated to the retail sale of fresh and/or frozen meat, seafood, poultry, fruits and vegetables; and dairy and bakery products. The following supplemental use regulation shall apply:

(1) The use shall have frontage and access to an arterial or collector street.

X. Group Child-Care Home. A facility that provides services for which the Pennsylvania Department of Human Services (DHS) has promulgated licensure or approval regulations. A facility in which seven to 12 children unrelated to the operator receive child-care services. In addition to the requirements specified in DHS licensure or approval regulations, the following supplemental use regulations shall apply:

(1) Outdoor play areas shall not be located in the front yard.

(2) Play areas shall be located and designed so as not to disrupt normal activities of adjoining uses permitted within the zoning district(s) identified in § 27-201.

(3) Outdoor play areas shall be screened from adjoining residentially zoned properties pursuant to the screening requirements specified in § 27-416.

(4) Any vegetative materials located within the outdoor play areas shall be of a non-poisonous and noninvasive type.

(5) All outdoor play areas shall provide a means of shade, such as shade trees or pavilions.

Y. Kennel. Any establishment available to the general public where a dog or dogs are housed or trained for compensation by the day, week, or a specified or unspecified time. The term shall not include a kennel where the practice of veterinary medicine is performed if the kennel is covered by the provisions of the Act of December 27, 1974 (P.L. 995, No. 326), known as the "Veterinary Medicine Practice Act."[4] The term kennel shall include any establishment available to the general public that, for consideration, takes control of a dog from the owner for a portion of a day for the purposes of exercise, day care or entertainment of the dog. For the purpose of this term, each time a dog enters the kennel it shall be counted as one dog. This term does not include an establishment engaged only in dog grooming or dog training. The term shall also include any kennel operated for the purpose of breeding, buying and selling or in any way transferring dogs for nonresearch purposes. The following supplemental use regulations shall apply:

(1) All kennels shall be licensed by the Pennsylvania Department of Agriculture and shall be constructed and maintained in accordance with the applicable standards. The applicant shall demonstrate compliance with all state requirements.

(2) Minimum lot area: two acres.

(3) All buildings in which animals are housed and all runs shall be located at least 150 feet from all residential lot lines and 30 feet from all other lot lines.

(4) Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent dwelling.

(5) No animal shall be permitted to use outdoor runs from 8:00 PM to 8:00 AM prevailing time that are within 300 feet of an existing dwelling. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking.

(6) An evergreen screen shall be required between any outdoor animal runs and any residential lot line.

[4] Editor's Note: See 63 P.S. § 485.1 et seq.

Z. Long-Term Care Facility. A facility that provides either skilled or intermediate nursing care or both levels of care to two or more patients, who are unrelated to the licensee, for a period exceeding 24 hours. Intermediate care facilities exclusively for the mentally retarded, commonly called ICF/MR, shall not be considered long-term care nursing facilities for the purpose of this chapter and shall be licensed by the Department of Public Welfare. The following supplemental use regulations shall apply.

(1) The use shall be fully licensed and permitted to operate by the Pennsylvania Department of Health and any successor agency of the commonwealth, and a copy of such license shall be furnished to the Borough Zoning Officer.

(2) A minimum of 10% of the parcel shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.

(3) The maximum density shall not exceed more than one resident or bed per 100 square feet of total lot area.

(4) Principal and accessory buildings shall be set back a minimum of 20 feet from a residential lot line.

AA. Massage Establishment. Any establishment having a source of income or compensation derived from the practice of massage and which has a fixed place of business where a person who does belong to any nationally recognized massage therapy association or is not a graduate of any recognized training school in massage therapy engages in or carries on the practice of massage. The following supplemental use regulations shall apply:

(1) In no instance shall the operation of a massage establishment in which any of the following activities are carried on be permitted in any district:

(a) The massage treatment of any person by one or more persons who do not belong to any nationally recognized massage therapy association or by persons who are not graduates of any recognized training school in massage therapy with a minimum of 500 hours of training, evidence of which shall be in the form of a certificate or diploma on display on the premises. The requirements of this provision shall not apply to treatments given in the residence of a patient, the office of a licensed physician, osteopath, or registered physical or massage therapist, or chiropractor, or in a regularly established and licensed hospital or sanitarium.

(b) The massage of, or physical contact with, the sexual or genital parts of one person by any other person.

(c) The exposure of the sexual or genital parts of the body of any person.

BB. Medical Clinic. A licensed institution providing same-day, walk-in, or urgent medical care and health services to the community, primarily ill or injured outpatients, which is not a hospital, and which is not a medical office, and which shall not include methadone or drug rehabilitation clinics. Provision of an indoor waiting area for use by individuals when a portion of the facility is not opened for operation is required, so that clients shall not be required or allowed to queue for services outdoors.

CC. Medical Marijuana Dispensary. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to dispense medical marijuana pursuant to Pennsylvania's Medical Marijuana Act, Act of April 17, 2016, P.L. 84, No. 16.[5] The following use regulations apply:

(1) 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.

(2) A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.

(3) A medical marijuana dispensary 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.

(4) Permitted hours of operation of a dispensary shall be 8:00 AM to 8:00 PM prevailing time (of the same calendar day).

(5) A medical marijuana dispensary shall comply with the setback, parking, landscaping, coverage, and building height requirements of the applicable zoning district to determine the building envelope and maximum allowable GFA. A medical marijuana dispensary shall have an interior customer waiting area equal to a minimum of 25% of the GFA.

(6) A medical marijuana dispensary shall:

(a) Not have outdoor seating areas;

(b) Not have outdoor vending machines;

(c) Prohibit the administering of, or the consumption of, medical marijuana on the premises; and

(d) Not offer direct or home delivery service.

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

(8) 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. 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 the municipality in which it is located.

(9) Any medical marijuana dispensary 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.

(10) All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(11) Parking requirements shall follow the parking schedule found in § 27-412, Parking, Loading, and Unloading, of this chapter.

(12) Screening and buffering are required where a medical marijuana dispensary adjoins a residential use or Residential Zoning District. The required screening and buffering shall be provided in accordance with § 27-416 of this chapter.

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

(a) All accesses must secure the appropriate highway occupancy permit (state or Borough).

(b) The visual obstructions requirements specified under § 27-421 of this chapter must be considered and maintained.

(c) Driveways shall be constructed in accordance with the design and improvement standards specified under § 22-1012 of Chapter 22, Subdivision and Land Development, of the Borough Code of Ordinances.

(14) Loading and off-loading areas within the building are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.

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

DD. Methadone/Suboxone Treatment Facility. A facility licensed by the Department of Health to use the drug methadone/suboxone in the treatment, maintenance, or detoxification of persons. The following supplemental use regulations shall apply:

(1) A methadone/suboxone treatment facility shall have frontage on and direct access to a principal arterial or collector street.

(2) For any building (or portion thereof) which is proposed to contain a methadone/suboxone treatment facility, the parcel upon which such building (or portion thereof) sits shall not be located closer than 500 feet (or the then-current Pennsylvania statutory- provided distance, whichever is greater) to a parcel utilized for an existing school, public playground, public park, residential housing area, residential parcel, single-family dwelling, child-care facility, church, meeting house or other actual place of regularly scheduled religious worship established prior to the proposed methadone/suboxone treatment.

(3) Notwithstanding Subsection 5.DD(2) above, a methadone/suboxone treatment facility may be established and operated closer than 500 feet (or the then-current Pennsylvania statutory-provided distance, whichever is greater) to a parcel utilized for an existing school, public playground, public park, residential housing area, residential parcel, single-family dwelling, child-care facility, church, meeting house or other actual place of regularly scheduled religious worship established prior to the proposed methadone treatment, if, by majority vote, the governing body approves a use for said facility at such location. At least 14 days prior to any such vote by the governing body, one or more public hearings regarding the proposed methadone/suboxone treatment facility location shall be held within the municipality pursuant to public notice. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearing(s) at least 30 days prior to said public hearing(s) occurring.

(4) All buildings proposed to contain a methadone/suboxone treatment facility shall fully comply with the requirements of the PA Uniform Construction Code.[6]

[6] Editor's Note: See 34 Pa. Code Part XIV.

(5) In addition to the otherwise required number of parking spaces specified by § 27-412 of this chapter, additional parking shall be required specifically for the methadone/suboxone treatment facility at a rate of one additional parking space for each 200 feet of area devoted to the methadone/suboxone treatment facility.

(6) Each building or portion thereof proposed for use as a methadone/suboxone treatment facility shall have a separate and distinct entrance utilized solely for direct entrance into the methadone/suboxone treatment facility. Access to the methadone/suboxone treatment facility shall not be permitted via a shared building entrance or from a shared interior corridor within the building in which it is located.

EE. Microbrewery/Microdistillery/Microwinery. A facility for the production, packaging and sampling of alcoholic beverages, including beer, wine, cider, mead, and distilled liquors, for retail or wholesale distribution, for sale or consumption on- or off-premises, and which produces less than 100,000 gallons of such beverages per year. It may include a restaurant (i.e., eating place), tasting room and retail space to sell the product on site. "Nanobreweries" shall be included under this definition. The microbrewery/microdistillery/microwinery shall be licensed by the Pennsylvania Liquor Control Board and any successor agency of the commonwealth.

FF. Office Uses. A category of uses for businesses that involve the transaction of affairs and/or the training of a profession, service, industry, or government. Patrons of these businesses usually have set appointments or meeting times; the businesses do not typically rely on walk-in customers. Office uses include those listed in Table 3.04, Typical Office Uses. In the event a specific office use is not identified in Table 3.04, the Zoning Officer shall have the authority to review the proposed use, and the applicant shall submit to the Zoning Officer such additional information as the Zoning Officer deems necessary to render a zoning certification letter as specified under § 27-113 of this chapter.

Table 3.04, Typical Office Uses.

Architecture/Engineering/Design

Broadcasting, Recording, and Sound Studio

Business Consulting

Construction Trade and Contractor (office only)

Charitable Institutions

Computer Programming and Support

Data Processing

Detective Services

Educational Services (tutor and testing)

Employment Agency

Financial and Insurance

Government Offices and Facilities

Laboratories, Medical, Dental, Optical

Legal Services

Management Services

Medical and Dental Offices (other than in hospitals or on a hospital campus, and other than clinics)

News Agency

Physical Therapy/Physical Rehabilitation

Public Relations and Advertising

Property Development

Real Estate and Apartment Finders

Research and Development

Research Agency

Support Offices for other uses

Surveying

Trade Schools

Training Center

GG. Outdoor Sales. A use involving the sale of goods or merchandise to businesses and/or the general public, where the majority of the goods are stored or displayed outdoors. Outdoor sales include such uses as: the sale and rental of automobiles, equipment, trucks, trailers, boats, and recreational vehicles; and the outdoor sale of building materials, landscape materials, and garden supplies. The following supplemental use regulations apply:

(1) All outdoor sales lots shall comply with applicable state laws, including 49 Pa. Code § 19.19, Standards of licensure for retail or public auction.

(2) Any site used for the sale, parking and/or storage of more than 150 vehicles shall front solely upon an arterial or collector street.

(3) Driveways shall be in a safe relationship to sight distance and barriers to vision in accordance with the visual obstructions requirements specified under § 27-421 of this chapter.

(4) Driveways shall be constructed in accordance with the design and improvement standards specified under § 22-1012 of Chapter 22, Subdivision and Land Development, of the Borough Code of Ordinances.

(5) Vehicles shall be parked and/or stored in a horizontally stacked configuration.

(6) All lighting shall be designed and constructed so as not to cast glare on adjoining streets and/or properties.

(7) The sales area shall be considered to be that of the smallest rectangle, or other regular geometric shape which encompasses all display areas, stands, booths, tables, or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale.

(8) The retail sales area shall be set back at least 50 feet from all residential zoning district or residential use.

(9) Any exterior lighting and amplified public address system shall be arranged and designed to prevent impacts on adjoining properties. The street lighting standards specified under § 22-1015 of Chapter 22, Subdivision and Land Development, of the Borough Code of Ordinances shall apply.

(10) The reconditioning, demolition, or junking of vehicles is prohibited.

(11) The applicant shall furnish evidence that the disposal of all materials shall be accomplished in a manner that complies with all applicable state and federal regulations.

HH. Pawn Shop/Check Cashing Establishment. An establishment primarily engaged in the businesses of lending money on the security of pledged goods left in pawn; purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller; or providing cash to patrons for payroll, personal, and bank checks.

II. Private Club. An establishment that operates for the good of the club's membership for legitimate purposes of mutual benefit, entertainment, fellowship, or lawful convenience. A private club shall reserve its facilities for members and shall have genuinely exclusive membership criteria. A private club shall adhere to its constitution and bylaws, hold regular meetings open to its members, conduct its business through officers who are regularly elected, admit members by written application, investigation and ballot, charge and collect dues from elected members, and maintain records as required by law. The sale of alcohol shall be secondary to the actual reason for the club's existence and be licensed by the Pennsylvania Liquor Control Board. The Borough may conduct routine inspections of the premises to ensure the absence of illegal activity on the premises, adequate maintenance of the interior and exterior of the premises, the absence of public disturbance or nuisance, and compliance with the zoning and other applicable regulations. The following supplemental use regulations shall apply:

(1) All private clubs shall front and have access to an arterial or collector street.

(2) All off-street parking shall be provided between the front face of the building and a point 25 feet from the right-of-way line of the adjoining street. Parking lots shall also be set back a minimum of 50 feet and screened from any parcel lines of adjoining residences.

(3) All outdoor recreation/activity areas shall be set back at least 50 feet from any property line.

(4) A 40-foot buffer yard shall completely separate the structure and all off-street parking areas from any lot line of any residential use or undeveloped residentially zoned lot.

(5) Any such use that allows the consumption of alcohol and that has a capacity of 250 or more persons shall be set back a minimum of 300 feet from any residential lot line.

JJ. Public Market. An indoor or covered, open-air permanent building dedicated to the sale of local and regional food, flowers, baked goods, and small crafts, excluding secondhand goods.

KK. Self-Storage Facility. Any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such space for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes. The following supplemental use regulations shall apply:

(1) Minimum parcel area shall be not less than one acre.

(2) At least 40 feet of clear, unobstructed driveway depth shall be provided from the road to the primary access gate or principal entry point of the facility.

(3) Interior drive aisle widths shall not be less than 25 feet.

(4) Buildings shall be designed and located so that overhead doors and the interior driveways within such facilities are not visible from the adjacent public right-of-way. This provision does not apply to overhead doors that are within an enclosed self-storage building and that are visible only through windows of the building.

(5) No door openings for any storage unit shall be visible at ground level from any residentially zoned property or residential use.

(6) All fences or walls visible from the public right-of-way shall be constructed of decorative building materials such as slump stone masonry, concrete block, wrought iron, or other similar materials.

(7) Boats, campers, recreational vehicles, and travel trailers may be stored outside of an enclosed building, but only in an area designated for such outside storage on an approved site plan and not visible from the public right-of-way or adjacent property when viewed from the ground level.

(8) The following uses are prohibited, and all self-storage facilities' rental and/or use contracts shall specifically prohibit the same:

(a) Residential use and/or occupancy.

(b) Bulk storage of flammable, combustible, explosive, or hazardous materials. Nothing in this Part is meant to prohibit the storage of motor vehicles, motor craft, or equipment that contain a normal supply of such fuels for their operation.

(c) Repair, construction, reconstruction, or fabrication of any item, including, but not limited to, any boats, engines, motor vehicles, lawn mowers, appliances, bicycles, or furniture.

(d) Auctions, except as provided for the in the Self-Service Storage Facility Act (Act of December 20, 1982, P.L. 1404, No. 325),[7] commercial wholesale or retail sales not related to the storage activity on the premises or garage sales. Retail sales of supplies associated with the rental of storage units and/or rental of vehicles shall be permitted, such as boxes, packing tape, locks, and similar items.

[7] Editor's Note: Said Act was repealed 11-24-2025 by P.L. 311, No. 51, § 5, effective 1-23-2026.

(e) The operation of power tools, spray-painting equipment, compressors, welding equipment, kilns, or other similar tools or equipment.

(f) Any business activity within the storage units.

(9) On-site management shall be provided for a minimum of 20 hours per week, during the hours of 8:00 AM to 7:00 PM prevailing time. Contact information for management during the remaining hours of the day shall be prominently posted on the premises.

(10) The maximum size for any storage unit shall be 20 feet by 40 feet for a total maximum of 800 square feet.

LL. Tattoo/Piercing Parlor. Establishments primarily in the business of applying lettering, art, and other images with permanent and semi-permanent inks, paints, pigments, or piercings to the body of patrons.

MM. Tour Operator. Any person, corporation, or other entity engaged in the business of providing tours to customers via means of tour guide lead or self-guided tours of the Borough and nearby attractions by means of walking, biking, horse-drawn carriages, pedicabs, and/or electrical personal assistive mobility device (EPAMD) to customers. The following supplemental use regulations shall apply:

(1) Minimum lot area: 7,000 square feet.

(2) Stabling of Livestock. The facility from which the tour operator is conducted may not be used to stable livestock.

(3) Indemnification. A tour operator shall hold the Borough, its officers, agents, and employees harmless against any and all liability, loss, damages or expense which may accrue to the Borough by reason of negligence, default or misconduct of the company in connection with the rights granted to such company hereunder. Nothing in this Part shall be considered to make the Borough, its officers, agents, servants or employees liable for damages because of any negligent act or omission or commission by any horse-drawn carriage company, its servants, agents, tour guides or other employees, during the operation by the company of a horse-drawn carriage business or service, either in respect to injury to persons or with respect to damage to property which may be sustained.

(4) Insurance Required. A tour operator shall give and maintain a policy of indemnity from an insurance company authorized to do business in the commonwealth for each tour vehicle and/or apparatus in use. The minimum coverage shall be $100,000 for bodily injury to any one person, $300,000 for injury to more than one person which is sustained in the same accident, and $25,000 for property damage resulting from one accident. The indemnity insurance shall inure to the benefit of any person who shall be injured or who shall sustain damage to property caused by the negligence of a tour operator company, its employees or agents.

(5) Hours of Operation. Tour operations shall be limited to the hours of 6:00 AM to 11:00 PM, prevailing time, Sunday through Saturday.

6. Infrastructure Uses. A category of uses for the provision of public and private infrastructure to support other uses and/or the conveyance of people, goods, and services. Infrastructure uses may not include a principal building meeting the building type requirements. Accessory Structures may be included.

A. Parking Structure. A structure that is primarily used for the exclusive parking of vehicles, but may also integrate other nonparking uses, such as retail, office, and service uses. The following supplemental use regulations apply:

(1) Corner Parcel. A corner parcel shall not be used solely for parking.

(2) Adjacent Parking Facilities. Two principal parking facilities shall not be located directly adjacent to one another, except for a new Structured parking facility replacing an existing parking lot.

B. Principal Solar Energy System (PSES). An area of land or other area used for a solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use. A PSES is designed as the primary use on a parcel, wherein the power generated is used primarily for off-site consumption. Principal solar energy systems consist of one or more free standing ground- or roof-mounted solar collector devices, solar-related equipment and other accessory structures and buildings, including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures. The following use regulations shall apply:

(1) Regulations Applicable to All Principal Solar Energy Systems.

(a) A noise study shall be performed and included in the application. The noise study shall be performed by an independent noise study expert and paid for by the applicant. Noise from a PSES shall not exceed 50 dBA, as measured at the property line.

(b) The PSES owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number and name to the Borough. The PSES owner and/or operator shall make reasonable efforts to respond to the public's inquiries and complaints.

(c) Decommissioning.

1) The PSES owner and/or operator is required to notify the Borough immediately upon cessation or abandonment of the operation. The PSES shall be presumed to be discontinued or abandoned if no electricity is generated by such a system for a period of 12 continuous months.

2) The PSES owner and/or operator shall then have 12 months in which to dismantle and remove the PSES, including all solar-related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations and other associated facilities from the property. If the owner fails to dismantle and/or remove the PSES within the established time frames, the municipality shall complete the decommissioning at the owner's expense with the financial security posted.

3) At the time of issuance of the permit for the construction of the PSES, the owner and/or operator shall provide financial security in the form and amount acceptable to the Borough to secure the expense of dismantling and removing said PSES and restoration of the land to its original condition, including forestry plantings of the same type/variety and density as the original. The financial security amount shall be based on a cost estimate provided by the owner that is reviewed and approved by the Borough Engineer.

(d) Land Development Plan.

1) PSES shall comply with the land development application and approval requirements of the Chapter 22, Subdivision and Land Development, of the Borough Code of Ordinances. The installation of PSES shall comply with all applicable permit requirements, codes, and regulations.

2) The PSES owner and/or operator shall repair, maintain, and replace the PSES and related solar equipment during the term of the permit as needed to keep the PSES in good repair and operating condition.

(2) Ground-Mounted Principal Solar Energy Systems.

(a) Minimum lot size: one acre.

(b) Setbacks.

1) A PSES shall comply with the setbacks of the underlying zoning districts for principal structures, except the setbacks shall be a minimum of 50 feet when adjacent to a residential use or residential district.

2) The PSES shall be set back a minimum of 2,500 feet from a historic resource, historic structure, or historic site; and Important Bird Areas as identified by Pennsylvania Audubon and at least 500 feet from identified wetlands.

(c) Height. Ground-mounted PSES shall not exceed 20 feet in height.

(d) Impervious Coverage. The following components of a PSES shall be considered impervious coverage and calculated as part of the impervious coverage limitations for the underlying zoning district:

1) Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.

2) All mechanical equipment of PSES, including any structure for batteries or storage cells.

3) Gravel or paved access roads servicing the PSES.

(e) Ground-mounted PSES shall be screened from adjoining residential uses or zones according to the standards found in § 27-416 of this chapter.

(f) Security.

1) All ground-mounted PSES shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate.

2) A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the PSES informing individuals of potential voltage hazards.

(g) Access.

1) Vehicle access to the site shall be provided pursuant to Chapter 22, Subdivision and Land Development, of the Borough Code of Ordinances. The subject site shall have access to an arterial or collector street.

2) A minimum 20-foot-wide cartway shall be provided between the solar arrays to allow access for maintenance vehicles and emergency management vehicles, including fire apparatus and emergency vehicles. Cartway width is the distance between the bottom edge of a solar panel to the top edge of the solar panel directly across from it.

(h) The ground-mounted PSES shall not be artificially lit except to the extent required for safety or applicable federal, state, or local authority.

(3) Roof- and Wall-Mounted Principal Solar Energy Systems.

(a) For roof- and wall-mounted systems, the PSES owner and/or operator shall provide evidence that the plans comply with the PA Uniform Construction Code[8] and that the roof or wall is capable of holding the load imposed on the Structure.

[8] Editor's Note: See 34 Pa. Code Part XIV.

(b) PSES mounted on the roof or wall of any building shall be subject to the maximum height regulations of the underlying zoning district.

C. Transportation and Essential Services. A use that is primarily utilized for the public infrastructure needs and essential services. Transportation and essential services include such uses as street rights-of-way, rail rights-of-way, public transportation services, electric or gas services, sewage treatment, water treatment and storage, pumping stations, transmission and receiving stations, and energy conversion systems, and any equipment or facilities as defined under Title 66 Pa.C.S.A., Public Utilities. Transportation includes the following public transportation service uses:

(1) Transit Bus Stops. Uses include both sheltered and nonsheltered infrastructure facilities that provide passengers safe access to both fixed-route and demand-responsive public transportation services. The following use regulations shall apply:

(a) Bus stop infrastructure, including ADA loading pads, bus passenger benches, and bus shelters, as well as bus stop location signs and bus stop passenger information signs, shall be permitted by right in all zoning districts and shall be considered an accessory use/structure that can stand alone without the accompanying principal use.

(b) Bus stop infrastructure shall be exempt from minimum parcel size, open space, yards, and setback requirements of the governing zoning district(s).

(c) The location and design of the bus stop infrastructure shall be reviewed and approved by the applicable transit agency and Borough. The transit agency shall provide written documentation certifying that a location is an existing or potential future bus stop.

(d) Whenever an ADA loading pad, bench for a bus stop, and/or bus shelter is provided, the applicable off-street parking requirements for the parcel's principal use may be reduced by one or more vehicular parking space(s) for each bus stop location.

(e) Bus stop location signs and bus stop passenger information signs installed and maintained by the transit agency shall be permitted within the public right-of-way and on private property and shall be exempt from the sign requirements specified under Chapter 19 of the Borough Code of Ordinances.

(2) Transit Facility. Any motor bus, rapid transit, or other ground transportation system having as its primary purpose the regularly scheduled movement of passengers and goods through fixed route, shared ride, nonmedical assistance, or medical assistance transportation services between locations within the territorial boundaries of a regional transit authority, including all rights-of-way, rolling stock, equipment, machinery, terminals, buildings, administration and maintenance and repair facilities, and supporting parking energy facilities, that are reasonably necessary for the comfort and accommodation of the users of transit facilities; or any combination of the foregoing.

D. Wireless Communications Facilities (WCF). An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a standalone basis or commingled with other wireless communications services. The following supplemental use regulations shall apply:

(1) Purpose.

(a) The purpose of these standards is to govern the use, construction, and location of wireless communications facilities in recognition of the nature of wireless communications systems and the federal Telecommunications Act.[9] These regulations are intended to:

1) Accommodate the need for wireless communications facilities to ensure the provision for necessary services while preserving the character of the Borough;

2) Minimize the adverse visual effects and the number of such facilities through proper design, locating, screening, material, color, and finish and by requiring that competing providers of wireless communications services collocate their telecommunication and wireless communications antennas and related facilities;

3) Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, and other WCFs;

4) Ensure the structural integrity of wireless communications facilities through compliance with applicable industry standards and regulations; and

5) Promote the health, safety, and welfare of the residents and property owners within the Borough.

[9] Editor's Note: See 47 U.S.C. § 251 et seq.

(2) Regulations Applicable to All Wireless Communications Facilities. The following regulations shall apply to all wireless communications facilities (WCFs).

(a) Wireless communications facilities shall be permitted within the Borough as follows:

1) Tower-based wireless communications facilities shall be permitted as specified in Table 3.01, provided that the proposed wireless communications facilities comply with the applicable requirements of this chapter.

2) Small wireless communications facilities inside public rights-of-way shall be permitted as specified in Table 3.01, provided that the proposed wireless communications facilities comply with the applicable requirements of this chapter.

3) Small wireless communications facilities outside public rights-of-way shall be permitted as specified in Table 3.01, provided that the proposed wireless communications facilities comply with the applicable requirements of this chapter.

(b) Standard of Care. All WCFs shall meet all applicable standards and provisions of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate wireless communications facilities, the latest National Electrical Safety Code (NESC), American National Standards Institute (ANSI) Code, and the structural standards of the American Association of State Highway and Transportation Officials or any other industry standard applicable to the Structure. In case of conflict, the most stringent requirements shall prevail. All necessary certifications shall be obtained by the WCF applicant and provided to the Borough.

(c) Engineer Signature. All plans and drawings included in an application for a WCF shall contain a seal and signature of a registered design professional.

(d) Eligible Facilities Requests.

1) WCF applicants proposing the modification or replacement of an existing WCF shall be required only to obtain a zoning permit from the Borough Zoning Officer. In order to be considered for such a permit, the WCF applicant shall submit a permit application to the Borough Zoning Officer in accordance with applicable permit policies and procedures. Such permit application shall clearly state that the proposed modification or replacement constitutes an eligible facilities request pursuant to the requirements of 47 CFR 1.6100. The permit application shall clearly detail all dimensional changes being made to the WCF and wireless support structure and certify that such changes are in compliance with the requirements of 47 CFR 1.6100.

(e) Substantial Change. Any substantial change to a WCF shall be treated as an application for a new WCF in accordance with this chapter and applicable FCC rules and orders. Substantial change shall be defined according to Section 6409(a) of the Spectrum Act, aka, Middle Class Tax Relief and Job Creation Act of 2012.[10]

[10] Editor's Note: See 47 U.S.C. § 1455(a).

(f) Aviation Safety. All WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(g) Public Safety Communications. WCFs shall not interfere with public safety communications, or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties.

(h) Radio Frequency Emissions. A WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The WCF applicant shall submit proof of compliance with all applicable standards relating to radio frequency emissions as part of any complete WCF application.

(i) Noise. WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and as stipulated in Section 4.20 of this chapter,[11] except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only as permitted by the Borough.

[11] Editor's Note: So in original.

(j) Nonconforming Wireless Support Structures. WCFs shall be permitted to collocate upon existing nonconforming wireless support Structures. Collocation of WCFs upon existing wireless support Structures is encouraged even if the wireless support structure is nonconforming as to use within a zoning district.

(k) Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs. Such permit fees shall be established by the Borough fee schedule.

(l) Indemnification. Each person that owns or operates a WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees, and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each person that owns or operates a WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death or property damage, was caused by the construction, installation, operation, maintenance, or removal of a WCF. The obligation to indemnify, hold harmless, and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs, and all other costs of indemnification.

(m) Noncommercial Usage Exemption. Borough residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this Part.

(n) Abandonment. In the event that the use of a WCF is to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. A WCF not operated for a period of six months shall be considered abandoned. Discontinued or abandoned WCFs, or portions of WCFs, shall be removed as follows:

1) All abandoned or unused WCFs and accessory equipment shall be removed within 90 days of the cessation of operations at the site or receipt of notice that the WCF has been deemed abandoned by the Borough unless a time extension is approved by the Borough.

2) If the WCF or accessory equipment is not removed within 90 days of the cessation of operations at a site or receipt of notice that the WCF has been deemed abandoned by the Borough, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

(o) Maintenance. The following maintenance requirements shall apply:

1) Structures and facilities deployed by a wireless provider shall be constructed, maintained and located in a manner as to not obstruct, endanger or hinder the usual travel or public safety on a right-of-way, damage or interfere with other utility facilities located within a right-of-way or interfere with the other utility's use of the utility's facilities located or to be located within the right-of-way.

2) The construction and maintenance of structures and facilities by the wireless provider shall comply with the 2017 National Electrical Safety Code and all applicable laws, ordinances and regulations for the protection of underground and overhead utility facilities.

3) An applicant or the applicant's affiliate shall ensure that a contractor or subcontractor performing construction, reconstruction, demolition, repair or maintenance work on a small wireless facility deployed meets and attests to all of the following requirements:

a) Maintain all valid licenses, registrations or certificates required by the federal government, the commonwealth or a local government entity that is necessary to do business or perform applicable work.

b) Maintain compliance with the Workers' Compensation Act, 77 P.S. § 1 et seq., the Unemployment Compensation Law, 43 P.S. § 751 et seq., and bonding and liability insurance requirements as specified in the contract for the project.

c) Has not defaulted on a project, declared bankruptcy, been debarred or suspended on a project by the federal government, the commonwealth or a local government entity within the previous three years.

d) Has not been convicted of a misdemeanor or felony relating to the performance or operation of the business of the contractor or subcontractor within the previous 10 years.

e) Has completed a minimum of the United States Occupational Safety and Health Administration's 10-hour safety training course or similar training sufficient to prepare workers for any hazards that may be encountered during their work on the small wireless facility.

(p) Landscaping. The following landscaping shall be required to screen as much of the support structure as possible, the fence surrounding the support structure, and any other ground-level features (such as a building), and in general soften the appearance of the personal wireless service facility site. The Borough Board of Supervisors may permit any combination of existing vegetation, topography, walls, decorative fences, or other features instead of landscaping if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure and other equipment is housed inside an existing structure, landscaping shall not be required.

1) An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.

2) In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

(3) Small Wireless Communications Facilities. The following regulations shall apply to small wireless communications facilities:

(a) Application Requirements.

1) Small WCFs located inside public rights-of-way are a permitted use in all Borough zoning districts as specified under Table 3.01, subject to the requirements of this chapter and generally applicable permitting as required by the Borough. Applications for small WCFs shall be submitted to the Borough Zoning Officer.

2) Small WCFs located outside public rights-of-way are permitted by right in all Borough zoning districts except residential zoning districts as specified in Table 3.01, subject to the requirements of this chapter and generally applicable permitting as required by the Borough. Applications for small WCFs shall be submitted to the Borough Zoning Officer.

3) An application for a small WCF shall include the following:

a) Documentation that includes construction and engineering drawings demonstrating compliance with the requirements of this Part;

b) Self-certification that the filing and approval of the application is required by the WCF applicant to provide additional capacity or coverage for wireless services;

c) Documentation demonstrating compliance with the requirements of the Small Wireless Communications Facility Design Manual (see Appendix).[12]

[12] Editor's Note: The Small Wireless Communications Facility Design Manual is included as an attachment to this chapter.

d) If the small WCF shall require the installation of a new wireless support Structure, documentation showing that the WCF applicant has made a good faith determination that it cannot meet the service reliability and functional objectives of the application by collocating on an existing wireless support Structure. Such determination shall be based on whether the WCF applicant can meet the service objectives of the application by collocating on an existing wireless support structure on which:

i. The WCF applicant has the right to collocation;

ii. The collocation is technically feasible and would not impose substantial additional cost; and

iii. The collocation would not obstruct or hinder travel or have a negative impact on public safety.

e) Documentation showing that the small WCF does not materially interfere with the safe operation of traffic control equipment, sight lines, or clear zones for transportation or pedestrians or compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327)[13] or similar federal or state standards regarding pedestrian access or movement; and

[13] Editor's Note: See 42 U.S.C. § 12101 et seq.

f) A report, prepared by a registered design professional, which shows that the small WCF shall comply with all applicable FCC regulations, including but not limited to those relating to radio frequency emissions.

(b) Applications Not Required. The Borough shall not require an application for:

1) Routine maintenance or repair work;

2) The replacement of small WCFs with small WCFs that are substantially similar or the same size or smaller and still qualify as a small WCF; or

3) The installation, placement, maintenance, operation, or replacement of micro wireless facilities that are strung on cables between existing utility poles by or for a WCF applicant that is authorized to occupy the ROW, in compliance with the National Electrical Safety Code.

(c) Location and Development Standards.

1) All small WCFs shall comply with the applicable requirements of the Americans with Disabilities Act[14] and Borough Code of Ordinances.

[14] Editor's Note: See 42 U.S.C. § 12101 et seq.

2) No small WCF shall be located on a private parcel in a residential district or on any single-family detached residences, single-family attached residences, semidetached residences, duplexes, or any other residential Structure.

3) All small WCFs shall be installed and maintained so as not to obstruct nor hinder travel or public safety within the ROW.

(d) Design Standards. All small WCFs in the Borough shall comply with the requirements of the Borough Small Wireless Communications Facility Design Manual as provided in the appendix to this chapter.[15]

[15] Editor's Note: The Small Wireless Communications Facility Design Manual is included as an attachment to this chapter.

(e) Time, Place, and Manner. The Borough shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all small WCFs, in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

(f) Private Property. If a small WCF is to be located outside of the public ROW, or if any part of a small WCF located in the public ROW shall encroach upon private property, the WCF applicant shall provide the Borough Zoning Officer with evidence that the owner of such private property has granted permission for the construction of the small WCF.

(g) Minimum Setbacks. The minimum distance between the base of a small WCF, located outside of the public ROW, which requires the installation of a new wireless support Structure, and any adjoining property line or street ROW line shall be equal to 100% of the height of the small WCF.

(h) Historic Buildings. No small WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within the Borough of Gettysburg's Historic District, or is included in the official historic structures list maintained by the Borough.

(i) Third-Party Property. Where a small WCF is proposed for collocation on a wireless support Structure, located on private property, or other property that is not owned by the WCF applicant, the WCF applicant shall present evidence to the Zoning Officer that the owner of the wireless support structure has authorized construction of the proposed small WCF.

(j) Graffiti. Any graffiti on a small WCF, including the wireless support structure and any accessory equipment, shall be removed at the sole expense of the owner within 30 days of notification by the Borough.

(k) Timing of Approval.

1) Within 10 calendar days of the date that an application for a small WCF is filed with the Borough Zoning Officer, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such an application.

2) Within 60 days of receipt of an application for collocation of a small WCF on a pre-existing wireless support Structure, and subject to applicable tolling procedures as established by federal law, the Borough Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

3) Within 90 days of receipt of an application for a small WCF requiring the installation of a new or replacement wireless support Structure, and subject to applicable tolling procedures as established by federal law, the Borough Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

4) If the Borough denies an application for a small WCF, the Borough shall provide the WCF applicant with written documentation of the basis for denial within five business days of the denial.

5) The WCF applicant may cure the deficiencies identified by the Borough and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Borough shall approve or deny the revised application within 30 days of the application being resubmitted for review.

(l) Consolidated Application.

1) A WCF applicant may submit a consolidated application for collocation of multiple small WCFs. The consolidated application shall not exceed 20 small WCFs.

2) A WCF applicant may not submit more than one consolidated application in a single 30-day period.

3) If a WCF applicant submits more than one consolidated application in a 45-day period, the applicable processing deadline shall be extended 15 days in addition to the processing deadline specified in Subsection 6.D(3)(k) above.

(m) Repair and Restoration.

1) The WCF applicant shall repair all damage to the ROW or any other land so disturbed, directly caused by the activities of the WCF applicant or the WCF applicant's contractors, and return the ROW to as good of condition as it existed prior to any work being done in the ROW by the WCF applicant or the WCF applicant's contractors.

2) If the WCF applicant fails to make the repairs required by the Borough within 30 days after written notice, the Borough may perform those repairs and charge the WCF applicant the reasonable, documented cost of the repairs plus a penalty of $500.

3) The Borough may suspend the ability of the WCF applicant to receive new permits until the WCF applicant has paid the amount assessed for the repair costs and the assessed penalty.

(n) Relocation or Removal of Facilities.

1) Within 60 days of suspension or revocation of a permit due to noncompliance with the requirements of the Borough, the WCF applicant shall remove the small WCF and any accessory equipment, including the wireless support Structure, if the WCF applicant's WCFs are the only facilities on the wireless support Structure.

2) Within 90 days of the end of a permit term, the WCF applicant shall remove the small WCF and any accessory equipment, including the wireless support Structure, if the WCF applicant's WCFs are the only facilities on the wireless support Structure.

3) Following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, the WCF applicant shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any small WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change, or alteration is reasonably necessary under the following circumstances:

a) The construction, repair, maintenance, or installation of any Borough or other public improvement in the ROW;

b) The operations of the Borough or other governmental entity in the ROW;

c) Vacation of a street or road or the release of a utility easement; or

d) An emergency as determined by the Borough.

(o) Reimbursement for ROW use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the right to fix annually a fair and reasonable fee as stipulated in the Borough's adopted fee schedule to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other ROW management activities by the Borough. The owner of each small WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.

(4) Tower-Based Wireless Communications Facilities. The following regulations shall apply to all tower-based wireless communications facilities.

(a) Small WCF Exemption. Tower-based WCFs that meet the definition of a small WCF shall be exempt from the requirements of this section. Such small WCFs shall be subject only to applicable permitting and the requirements of Subparagraphs (H)6.b. and (H)6.e.[16]

[16] Editor's Note: So in original.

(b) Special Exception Required. Tower-based WCFs are permitted outside the public rights-of-way as a special exception and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this Part.

1) Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall send via first-class mail notice to all owners of every property within 500 feet of the proposed facility, advising of the subject matter and date of such hearing. Such notice shall be sent at least 10 days in advance of the scheduled public hearing. The WCF applicant shall provide proof of the notification to the Zoning Hearing Board along with the list of return receipts received.

2) The special exception application shall include a site plan, drawn to scale, showing property boundaries, power location, total height of the tower-based WCF, guy wires and anchors, existing structures, elevation drawings, typical design of proposed structures, parking, fences, landscaping and existing uses on adjacent properties.

3) The special exception application shall be accompanied by a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

4) The special exception application shall include evidence that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Zoning Hearing Board's decision on an application for approval of tower-based WCF.

5) Where the tower-based WCF is located on a property that is not owned by the WCF applicant, the special exception application shall include evidence to the Zoning Hearing Board that the owner of the property has granted an easement or other property right, if necessary, for the proposed WCF and any vehicular access that shall be provided to the facility.

6) The special exception application shall include a written certification by a registered design professional of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the Structure.

7) The special exception application shall include evidence demonstrating that the proposed tower-based WCF cannot be accommodated on an existing wireless support Structure. The Zoning Hearing Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the antenna(s) on an existing wireless support Structure. The WCF applicant shall demonstrate that it contacted the owners of all potentially feasible structures, buildings, and towers within a 1,000-foot radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers, and was denied for one of the following reasons:

a) The proposed WCF would exceed the structural capacity of the existing building, Structure, or tower, and its reinforcement cannot be accomplished at a reasonable cost.

b) The WCF would cause radio frequency interference with other existing equipment for that existing building, Structure, or tower, and the interference cannot be prevented at a reasonable cost.

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

d) A reasonable agreement could not be reached with the owner of such building, Structure, or tower.

8) The special exception application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions of this chapter.

(c) Development Regulations.

1) Tower-based WCFs shall not be located in or within 75 feet of an area in which all utilities are located underground.

2) Sole Use on a Parcel. A tower-based WCF may be permitted as the sole use on a parcel, provided the tower-based WCF and underlying parcel comply with all applicable requirements of this chapter.

3) Combined with Another Use. A tower-based WCF may be permitted on a property with an existing use, except residential, subject to the following conditions:

a) The existing use of the property may be any permitted use in the applicable district and need not be affiliated with the WCF.

b) Minimum lot Size. The minimum parcel shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the tower-based WCF and accessory equipment, any guy wires, the equipment building, security fence, and applicable screening.

(d) Design Regulations.

1) Anti-Climbing Device. A tower-based WCF shall be equipped with an anti-climbing device, as approved by the manufacturer.

2) Minimum Setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street ROW line shall be equal to 100% of the height of the tower-based WCF. The underlying parcel shall be large enough to accommodate related equipment, stormwater runoff mechanisms, and all other features typically found within the immediate area of a telecommunications tower.

3) Surrounding Environs.

4) The WCF applicant shall ensure that the existing vegetation, trees, and shrubs located within proximity to the WCF structure shall be preserved.

5) Fence/Screen.

a) A security fence with a maximum height of eight feet, with openings no greater than four inches, shall completely surround any tower-based WCF, as well as guy wires or any building housing accessory equipment.

b) The WCF applicant shall comply with the screening requirements as specified § 27-416 of this chapter.

6) Accessory Equipment.

a) Ground-mounted accessory equipment associated or connected with a tower-based WCF shall not be located within 50 feet of a parcel in a residential use.

b) Accessory equipment associated with a tower-based WCF shall be placed underground or screened from public view. All ground-mounted accessory equipment, utility buildings, and accessory structures shall be architecturally designed to be concealed from public view to the maximum extent possible and be compatible with the architecture of surrounding buildings, structures, or landscape.

c) Either one single-story wireless communications equipment building not exceeding 500 square feet in area or its equivalent may be permitted for each unrelated company sharing antenna space on the tower-based WCF.

(e) Additional Antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Zoning Hearing Board with a written commitment that it shall allow other service providers to collocate WCFs on the tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional WCFs without complying with the applicable requirements of this Part.

(f) FCC License. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

(g) Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC or any other federal or state agency.

(h) Lighting. No tower-based WCF shall be artificially lit, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Secretary.

(i) Storage. The storage of unused equipment, materials, or supplies is prohibited on any tower-based WCF site.

(j) Repair of Nonconforming tower-based WCF. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but shall otherwise comply with the terms and conditions of this Part. The collocation of antennas is permitted on nonconforming structures.

(k) Insurance. Each person that owns or operates a tower-based WCF shall provide the Borough Zoning Officer with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF.

7. Industrial Uses. A category of uses for businesses involving assembly, production, storing, transferring and disposal of goods or products, and which may also include associated facilities such as offices, maintenance facilities, and fuel pumps and both indoor and outdoor activities and storage of goods.

A. The following supplemental use regulations shall apply to all permitted industrial uses as part of the zoning permit application.

(1) The applicant shall provide a detailed written description of the proposed use in each of the following topics:

(a) The nature of on-site processing operations, the materials used in the process, the products produced, and the generation and methods of disposal for any wastes and/or by-products. In addition, the applicant shall furnish evidence that the storage and disposal of materials shall be accomplished in a manner that complies with all applicable state and federal regulations.

(b) The general scale of the operation in terms of its specific floor space requirements for each step of the industrial process, the total number of employees on each shift, and an overall needed site size.

(c) Identify any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate negative impacts. The applicant shall furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including but not limited to those administered and enforced by the U.S. Environmental Protection Agency and PA DEP.

(2) The Zoning Officer may request additional information to ensure proper evaluation of such an application. Such information may include ventilation plans, materials characteristics, drainage plans, waste disposal plans, and chemical disposition plans.

(3) All outdoor storage associated with industrial uses shall adhere to the outdoor storage yard provisions specified below.

B. Automotive Dismantler and Recycler. Any establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles, or motor parts, or both. The following performance standards shall apply.

(1) Minimum lot size shall be 10 acres.

(2) The outdoor area devoted to the storage of junk shall be completely enclosed by an eight-foot-high opaque fence which shall be set back at least 50 feet from all property lines and 100 feet from residentially zoned or existing residential properties.

(3) The setback area between the fence and the parcel lines shall be kept free of weeds and all scrub growth.

(4) All completely enclosed buildings used to store junk shall be set back at least 50 feet from all property lines.

(5) No material may be stored or stacked so that it is visible from adjoining properties and roads.

(6) The operation shall be licensed pursuant to 67 Pa. Code Chapter 451, Control of Junkyards and Automotive Dismantlers and Recyclers, and obtain and maintain all applicable permits.

(7) All junk shall be stored or arranged to permit access to firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height greater than eight feet.

(8) No oil, grease, tires, gasoline, or other similar material shall be burned at any time.

(9) Any automotive dismantler and recycler or junkyard shall be maintained in such a manner as to cause no public or private nuisance, not to cause any offensive or noxious sounds or odors, nor to the breeding or harboring of rats, flies, mosquitoes, or other vectors.

(10) All junk vehicles shall be emptied of fuel, oil, and other liquids and batteries.

C. Brewery, Distillery, Winery. A facility for the production, packaging and sampling of alcoholic beverages, including beer, wine, cider, mead and distilled liquors, for retail or wholesale distribution, for sale or consumption on- or off-premises, and which produces 100,000 gallons or more of such beverages per year. The brewery, distillery, or winery shall be licensed by the Pennsylvania Liquor Control Board and any successor agency of the commonwealth. The following supplemental use regulations apply:

(1) Minimum lot size: five acres.

(2) A brewery, distillery, or winery shall have at least one loading berth, with an additional berth when the GFA exceeds 150,000 square feet.

(3) Identify the nature of the on-site operations, the materials used in the process, the products produced, and the generation and methods for disposal of any wastes and/or by-products. In addition, the applicant shall furnish evidence that the storage and disposal of materials shall be accomplished in a manner that complies with state and federal regulations.

(4) Identify any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate negative impacts. The applicant shall provide evidence that the impacts generated by the proposed use fall within acceptable levels regulated by applicable laws and ordinances.

(5) Traffic Impact Study. A traffic impact study prepared by a registered design professional pursuant to the requirements specified under Chapter 22, Subdivision and Land Development, of the Borough Code of Ordinances shall be reviewed and approved by the Borough Engineer.

D. Craftsman Industrial. A category of uses that includes a showroom or small retail outlet and production space, and involves small scale production, assembly, and/or repair with no noxious by-products. Craftsman Industrial includes such uses as those found in Table 3.05, Typical Craftsman Industrial Uses. This use may also include associated facilities such as offices and small-scale warehousing. In the event a specific Craftsman Industrial use is not identified in Table 3.05, the Zoning Officer shall have the authority to review the proposed use, and the applicant shall submit to the Zoning Officer such additional information as the Zoning Officer deems necessary to render a zoning certification letter as specified under § 27-113 of this chapter.

E. Junkyards. Any outdoor establishment, place of business, or activity which is maintained, used or operated for storing, keeping, buying or selling junk; for the maintenance or operation of a garbage dump, sanitary landfill or scrap metal processor, or for the storage of 10 or more junked vehicles. The performance standards specified under Subsection 7.B (Automotive Dismantler and Recycler) above shall apply.

Table 3.05, Typical Craftsman Industrial Uses.

Agricultural Growing, such as Aquaculture

Apparel and Finished Fabric Products

Botanical Products

Brooms and Brushes

Canning and Preserving Food

Commercial Scale Copying and Printing

Cut Stone and Cast Stone

Electronics Assembly

Electrical Fixtures

Engraving

Fabricated Metal Products

Film Making

Firearms and Ammunition

Furniture and Fixtures

Glass

Household Textiles

Ice

Jewelry, Watches, Clocks, and Leather Products (no tanning)

Meat and Fish Products, no processing

Musical Instruments and Articles

Pottery, Ceramics, and Related Products

Printing, Publishing and Allied Industries

Shoes and Boots

Signs and Advertising

Silverware

Smithing

Taxidermy (with incidental tanning)

Textile, Fabric, Cloth

Toys and Athletic Goods

Upholstery

Woodworking

F. Manufacturing - Light Industry. A use involving the production of goods from raw materials or the assembly of finished products that can result in limited negative external effects, noise, and other non-noxious by-products. Light industry uses includes all typical light industrial uses identified in Table 3.06, Typical Industrial Uses. The Zoning Officer may request additional information to ensure proper evaluation of such an application. These uses have less than 1,000,000 square feet of floor area. Such information may include ventilation plans, materials characteristics, drainage plans, waste disposal plans, and chemical disposition plans.

Table 3.06, Typical Industrial Uses.
Typical Light Industrial Uses	Typical Warehousing/Distribution Uses
Any Craftsman Industrial use with or without retail outlet and with significant distribution	Exterminating and Disinfecting Service
	Food Distribution Facility, with or without public market
Agricultural Processing, unless otherwise listed
Aircraft Assembly and Testing	Freight Forwarding Service
Apparel, Finished Products from fabric	Fuel Distribution
Automobile, Truck, Boat, Recreational Vehicle and Trailer Manufacturing	Mail and Parcel Sorting and Distribution
	Mail Order House and Warehousing
Bicycle Manufacturing	Newspaper Distribution Facilities
Biomaterials	Packing and Crating
Contractor — Landscape and Construction	Petroleum Bulk Station
Cotton Wadding	RV and Large Equipment Storage Yard
Electrical Fixtures	Recycling Center (Collection and Sort)
Electronic Equipment/Component Manufacturing	Tow or Impound Parcel
Engines and Motors Manufacturing/Rebuilding	Vehicle Staging and Storage (Ambulance, Bus, Limousine, Livery, Taxi, etc.)
Lasers and Optics
Laundering, Dry Cleaning, Dyeing	Warehousing and Storage (Refrigeration or General)
Lumber Mill
Machinery Manufacturing	Water Distribution
Medical Equipment Manufacturing	Wholesale Trade of Goods
Metal Products Manufacturing	Printing, Publishing and Allied Industries
Mobile/Manufactured Homes Manufacturing	Stone Cutting and Distribution
Motor Testing	Tool and Die Shop
Pharmaceuticals	Plumbing and Heating Products

G. Medical Marijuana Grower/Processor Facility. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Pennsylvania Department of Health (DOH) to grow and process medical marijuana pursuant to Pennsylvania's Medical Marijuana Act, Act of April 17, 2016, P.L. 84, No. 16.[17] The following supplemental use regulations apply:

(1) A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

(2) The GFA of a medical marijuana grower/processor shall include sufficient space for production, secure storage of marijuana seed, related finished product cultivation, and marijuana-related materials and equipment used in production and cultivation or for required laboratory testing.

(3) There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.

(4) Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the Pennsylvania Department of Health (DOH) policy and shall not be placed within any unsecure exterior refuse containers.

(5) The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.

(6) Growers/processors may not be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center.

(7) All external lighting serving a medical marijuana grower/processor must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(8) Where a medical marijuana grower/processor adjoins a residential use or the Revitalization District, a buffer yard shall be required pursuant to the requirements of § 27-416 this chapter.

(9) Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.

(10) 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.

(11) Medical Marijuana Transport Vehicle Service. In addition to the above requirements, the following regulations shall also apply to medical marijuana transport vehicle services:

(a) All external lighting serving a medical marijuana transport vehicle service must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(b) Entrances and driveways to a medical marijuana transport vehicle service must be designed to accommodate the anticipated vehicles used to enter and exit the premises.

(c) All accesses must secure the appropriate highway occupancy permit (PennDOT or Borough).

(12) If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana transport vehicle service facility, the facility must be secured to the same level as a medical marijuana grower/producer and dispensary.

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

H. Outdoor Storage Yard. A parcel used primarily for the outdoor storage of construction equipment parts, materials and supplies, and parking of wheeled construction equipment. This use does include associated on-site offices and indoor storage as an accessory use to the principal use. The following supplemental use regulations apply:

(1) The outdoor storage yard shall be secured and screened from view of the front parcel line. Level 3 screening shall be required pursuant to § 27-416 of this chapter.

(2) Loose materials shall not be stacked higher than 20 feet.

(3) Loose materials shall at a minimum be stored in a three-sided shelter and shall be covered.

(4) Materials shall be set back a minimum of five feet from any parcel line.

I. Truck Terminal. A facility to accommodate the fueling, routine maintenance and storage of trucks and other motorized equipment and trailers and that may provide warehousing and transfer facilities as accessory uses. The following supplemental use regulations apply:

(1) The site shall have frontage on and direct vehicular access to an arterial street.

(2) No point on the site boundary shall be located within 300 feet of any property line of a property containing a residential dwelling.

(3) Ingress, egress and internal traffic circulation shall be designed to ensure safety and minimize congestion.

(4) All materials and equipment shall be stored within a completely enclosed building, as defined herein.

(5) No repair of vehicles shall be permitted outside a completely enclosed building, as defined herein.

J. Truck or Truck Trailer Parking. A parcel of land, or portion thereof, used by commercial trucks for the purpose of dropping or picking up loaded and/or unloaded trailers, including the incidental short-term or daily storage of trucks and storage of loaded and/or unloaded trailers, for transfer to other points or jurisdictions. The use may include an accessory guardhouse or similar type structure to allow for trailers to be checked in and out. The use does not include the breakdown or aggregation into smaller or larger loads, commonly referred to as a "drop lot." The following supplemental use regulations apply:

(1) The use shall be located on a parcel of no less than 10 acres in size.

(2) The use shall have direct access to an arterial street, and ingress, egress and internal traffic circulation shall be designed to ensure safety and minimize congestion.

(3) No point on the site boundary shall be located within 300 feet of any residential zoning district or residential property line.

(4) The applicant shall furnish a traffic impact study prepared in accordance with the requirements specified under Chapter 22, Subdivision and Land Development, of the Borough Code of Ordinances and be reviewed and approved by the Borough Engineer.

(5) The entire perimeter of the facility shall be lit according to the private lighting standards specified under § 22-1015 of the Borough Code of Ordinances.

(6) The use shall be secured via a minimum 12-foot-high chain-link fence and have a secure gated access that is accessible only by authorized users of the parking facility. Authorized access shall include Borough officials, including designated zoning and code enforcement, police, fire, and EMS personnel.

(7) The owner/operator of the use shall have a hazardous material spill plan approved by the Adams County Department of Emergency Services and a designated safety officer responsible for monitoring and reporting any suspected or known hazardous materials spills occurring from the use of the parking facility.

(8) The use shall not be used for overnight sleeping in trucks or as a truck stop rest area.

(9) Other than storage within trailers using the parking facility, the site shall not have any buildings or Structures used for the storage of materials.

(10) Overnight truck idling is prohibited within the Borough limits. No person shall allow the primary propulsion engine of a motor vehicle to idle for more than 10 consecutive minutes when the motor vehicle is not in motion. Truck stop facilities shall provide signage indicating overnight idling is prohibited. Such signage must be located at the entrance of overnight parking lots in a visible manner to truck drivers.

K. Warehouse/Distribution. A use involving large-scale indoor storage of goods, packaging of goods, and distribution typically between production and the market. May include a small ancillary retail facility. Warehouse/distribution uses also include substantial commercial vehicle access, storage, and intermodal exchanges. Warehouse/distribution uses includes such uses as those identified in Table 3.06, Typical Industrial uses. The following supplemental use regulations apply:

(1) Minimum lot Size. The subject property shall have a minimum parcel area of 10 acres and a minimum of 300 feet of frontage on an arterial or collector road.

(2) Required Setback. Parking, staging, and loading/unloading areas, and buildings shall be located no closer than 500 feet from a residential use and/or property containing a school, day-care facility, park, playground, library, hospital, or nursing or retirement home, except where such parking, staging, and loading/unloading areas, and buildings are separated from such other uses by an interstate highway.

(3) Maximum Parcel Coverage. When served by public sewer and public water and any portion of the subject property is located less than 1,320 feet from an interstate highway interchange (as measured from the nearest highway ramp terminal to any contiguous portion of the property), a maximum parcel coverage of 50% and a maximum impervious coverage of 65% shall be permitted.

(4) Buffer Screening. Screen buffers shall be provided in accordance with § 27-416 of this chapter.

(5) Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the amount of noise levels of the use, as measured at each parcel line.

(6) Electric hookups shall be installed to reduce idling of main auxiliary engines when trucks are in a stationary position.

(7) Access, Parking, and Loading.

(a) The use shall have direct access to an arterial street.

(b) A minimum of 5% of the required total tractor and trailer parking spaces shall be reserved for outbound trucks which are required to layover or rest due to federal hours of service regulations. Such spaces must be made available to tractor-trailers during and/or after the facility's operating hours as necessary.

(c) All trucks awaiting access to a loading/unloading dock/doorway shall park in the designated tractor trailer parking spaces unless all such spaces are already occupied.

(d) The site shall be provided with sufficiently long stacking lanes and on-site loading/unloading facilities so that trucks or trailers or other vehicles waiting to park, or be loaded/unloaded, will not back up onto public streets.

(e) Each warehouse/distribution use shall provide off-street loading facilities which meet the minimum requirements of § 27-412 of this chapter and are sufficient to accommodate the maximum demand generated by the use. Each loading space and the needed maneuvering room shall be located entirely on the parcel being served and be located outside of required buffer areas and street rights-of-way. Each loading space shall have sufficient maneuvering room to avoid conflicts with parking and traffic movements within and outside of the parcel. No facility shall be designed or used in such a manner that it creates a safety hazard, public nuisance or an impediment to traffic off the parcel.

(8) Where gates, guard shacks or checkpoints are proposed at the entrance(s) to the facility, adequate queuing space shall be provided within the property boundaries to prevent stacking of vehicles on or along public streets. Any entry gates into the loading dock/truck court area shall be positioned after a minimum of 140 feet of total available stacking depth inside the property line. The stacking distance shall be increased by 70 feet for every 20 loading docks beyond 50 docks. Queuing and circling of vehicles on public streets immediately pre- or post-entry to a truck terminal is strictly prohibited unless queuing occurs in a deceleration lane or right turn lane exclusively serving the facility.

(9) Outdoor Storage.

(a) The outdoor storage of unlicensed and/or uninspected trucks or trailers is prohibited.

(b) No outdoor storage of trash, garbage, refuse, explosive or flammable materials, hazardous substances, animals, animal carcasses or skins or similar items shall be permitted.

(10) The use shall include an appropriate system to contain and properly dispose of any fuel, grease, oils, or similar pollutants that may spill or leak where such substances are stored or where vehicles are fueled, repaired or maintained.

(11) Signage and Traffic Patterns.

(a) applicants shall submit to the Borough Engineer, and obtain approval of, all turning templates to verify truck turning movements at entrance and exit driveways and street intersections adjacent to a warehouse/distribution use prior to conditional use approval.

(b) Anti-idling signs indicating a three-minute diesel truck engine idling restriction shall be posted at warehouse/distribution uses along entrances to the site and in the dock areas and shall be strictly enforced by the facility operator.

(c) The applicant shall establish and submit with its conditional use application a truck routing plan to and from the state highway system. The plan shall describe proposed truck routing to and from the warehouse/distribution facility to designated truck routes that avoids passing sensitive receptors to the greatest extent possible. The plan shall include measures, such as signage and pavement markings, queuing analysis and enforcement, for preventing truck queuing, circling, stopping, and parking on public streets. The facility operator shall be responsible for enforcement of the plan. The Board of Supervisors shall have discretion to determine if changes to the plan are necessary, including any additional measures to alleviate truck routing and parking issues that may arise during the life of the facility.

(d) Signs shall be installed at all truck exit driveways directing truck drivers to the truck route as indicated in the truck routing plan and state highway system.

(e) Signs and drive aisle pavement markings shall clearly identify the on-site circulation pattern to minimize unnecessary on-site vehicular travel.

(f) Facility operators shall post signs in prominent locations inside and outside of the building indicating that off-site parking for any employee, truck, or other operation related vehicle is strictly prohibited. The Borough may require the facility operator to post signs on surface or residential streets indicating that off-site truck parking is prohibited by this chapter and as specified in the required truck routing plan.

(12) Environmental and Community Impact Analysis. The applicant shall provide an environmental and community impact analysis. The environmental and community impact analysis shall include:

(a) A narrative description of the nature of the on-site activities and operations, including the market area served by the facility, the hours of operation of the facility, the total number of employees on each shift, the times, frequencies and types of vehicle trips generated, the types of materials stored and the duration period of storage of materials.

(b) A site plan of the property indicating the location of proposed improvements, floodplains, wetlands, waters of the commonwealth, and cultural and historic resources on the property and within 500 feet of the boundaries of the property.

(c) Evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.

(d) An evaluation of the potential impacts of the proposed use, both positive and negative, upon:

1) Emergency services and fire protection;

2) Water supply;

3) Sewage disposal;

4) Solid waste disposal;

5) School facilities and school district budget;

6) Municipal revenues and expenses.

(e) Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts, including the performance standards specified in § 27-411 of this chapter. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinances.

L. Yard Waste Composting Facility. A facility at which yard waste and natural wood waste is received and processed to produce compost for off-site use. Retail and wholesale sales of bulk compost, mulch, and earth products shall be permitted as an accessory use to a yard waste composting facility. The term does not include composting by a single-family parcel owner for personal use. The following supplemental use regulations apply:

(1) Minimum parcel size: five acres.

(2) Setbacks.

(a) The minimum composting activity setback shall be 100 feet from any property line abutting a nonresidential use or zoning district.

(b) The minimum composting activity setback shall be 200 feet from any property line abutting a residential use or zoning district.

(3) Operations.

(a) Compliance. A yard waste composting facility shall always be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Department of Environmental Protection (DEP) and the provisions of this Part. In the event that any of these provisions are in conflict, then the requirements of the Department of Environmental Protection shall apply.

(b) Hazardous Waste Disposal. Hazardous waste as included on the list of hazardous waste as maintained by DEP shall not be disposed of in a composting facility.

(c) Management. Each permitted facility must have a certified compost operator on staff. This certification can be the compost specialization certificate from the Professional Recyclers of Pennsylvania (PROP), or other DEP-approved certification courses.

(d) Site Maintenance. The entire area shall be kept clean and orderly.

(4) Site Access. Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every composting facility shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.

§ 27-306 Accessory Uses.

1. General Provisions.

A. Accessory Uses Allowed. Accessory uses as listed in Table 3.01, Table of uses, are allowed only in connection with the lawfully established principal uses.

B. Allowed Uses. Allowed accessory uses are limited to those expressly regulated in this chapter as well as those that satisfy the following criteria:

(1) They are customarily found in conjunction with the subject principal use(s) or principal Structure;

(2) They are subordinate and clearly incidental to the principal use(s) of the property; and

(3) They serve a necessary function for the comfort, safety, or convenience of occupants of the principal use(s).

C. Accessory Structures. Refer to § 27-402 of this chapter.

D. Time of Construction and Establishment. Accessory uses may be established only after the principal use of the subject property is in place.

E. Location. Accessory uses shall be located on the same parcel as the principal use to which they are accessory.

2. Accessory Uses.

A. Accessory Dwelling Unit. A dwelling unit clearly subordinate to the principal building on the same parcel and serving a purpose customarily incidental to the principal residential building. This unit will be considered an accessory dwelling unit if it is 1) located in a separate structure or offers an independent entrance, 2) provides sleeping, cooking, and bathroom facilities independent from the principal dwelling, and 3) the unit is occupied by no more than two people. The following supplemental use regulations apply:

(1) A property owner shall file a zoning permit for an accessory dwelling unit prior to its recognition as an accessory dwelling unit. The property proposed for an accessory dwelling unit shall contain one, but no more than one, residential structure occupied as a one-unit dwelling.

(2) The property shall be owner-occupied, either in the principal structure or principal dwelling unit, or in the accessory dwelling.

(3) The accessory dwelling unit shall be located either:

(a) In a newly constructed accessory dwelling unit Structure;

(b) In an existing detached accessory structure occupied, or formerly occupied, on the first floor by a garage, barn, or similar accessory use; or

(c) In a principal Structure, provided that there is a separate entrance to the exterior or to an unconditioned porch type space.

(4) Maximum Height. Twenty-five feet in any residential district. (Historic District requirements shall be met.)

(5) The usable GFA of the accessory dwelling unit shall not exceed 50% of the usable GFA of the principal dwelling unit or 1,000 square feet, whichever is less. Exterior patios, decks, porches, and staircases providing interior access from the principal unit to the accessory dwelling unit shall not be counted toward the usable GFA of the accessory dwelling unit.

(6) Parking. A minimum of one off-street parking space is required for an accessory dwelling unit.

(7) Pedestrian Access. An all-weather surface path to the accessory dwelling unit shall be provided from the street frontage.

(8) A separate numeric address for the accessory dwelling unit is prohibited.

(9) No new, separate utility connection may be installed for the accessory dwelling unit in a principal Structure, unless more than one utility connection already serves the parcel, to the location of the proposed accessory dwelling unit, at the time of the application for the accessory dwelling unit.

(10) At any one time, the number of residents of an accessory dwelling unit shall be limited to:

(a) One adult and minor children related to said adult by blood, marriage, adoption, custodianship, or guardianship; or

(b) Two adults (in total) and minor children related to at least one of the adults by blood, marriage, adoption, custodianship, or guardianship.

(11) Wastewater Disposal. Certification that the accessory dwelling unit can adequately connect to either the existing sewer line or septic system that is serving the principal use. In no case shall an accessory dwelling unit be served by a separate septic system. Provided that the primary dwelling is connected to the public sewer system, an accessory dwelling unit shall connect or tie into the primary dwelling's sewer line.

(12) Parcel Nonseverability. The accessory dwelling unit may not be conveyed, or the title to the accessory dwelling unit be transferred separate and apart from the rest of the property.

(13) Mechanical Equipment. Mechanical equipment shall be located on the ground or contained within an accessory dwelling unit and may not be located on the roof.

B. Child-Care Center as an Accessory Use to a Residential Use. The following supplemental use regulations shall apply:

(1) The following shall be the maximum number of children under age 15 that may be cared for in any dwelling unit:

(a) In a single-family detached dwelling with a minimum lot area of 10,000 square feet and a 10-foot setback from all existing dwellings: a maximum of six children who are not related to a permanent resident of the dwelling.

(b) In any other dwelling unit: a maximum of three children beyond those children who are related to a permanent resident of the dwelling.

(2) The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic improvements.

(3) Any child-care center involving seven or more children shall be considered a principal use and shall meet the standards of § 27-305.5.J. for such use, if permitted.

(4) The use shall be actively operated by a permanent resident of the dwelling.

(5) If four to six children who are not related to a permanent resident of the dwelling are cared for, then the following requirements shall be met:

(a) Smoke detectors shall be provided throughout the building, an ABC-rated fire extinguisher shall be provided, and exit lights shall be provided at outdoor exits, and at least one exit/window shall be provided with an opening within six feet of the adjacent exterior grade level.

(b) A minimum of 100 square feet of safe exterior play area shall be available.

C. Heliport/Vertiport.

(1) Heliports. A take-off and landing area for helicopters with associated terminal and maintenance facilities. Heliports strictly adhere to the Federal Aviation Administration (FAA) regulations and include standard marking and lighting designs. The following supplemental use regulations shall apply:

(a) All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.

(b) The applicant shall furnish evidence of the obtainment of a license from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the conditional use application.

(c) The proposed helistop would not be detrimental to the health, welfare and safety of the Borough residents and their property.

(2) Vertiport. A designated area that supports take-off and landing operations of electric vertical take-off and land (eVTOL) aircraft and designed pursuant to FAA specifications. The design of a vertiport has similar infrastructural elements to a heliport, including a touchdown and lift-off (TLOF) area, a final approach and take-off (FATO) area, and visual aids. The supplemental use regulations specified for a heliport shall also apply.

D. Helistop. An accessory use permitted on a roof or on the ground to accommodate helicopters for the purpose of picking up and discharging passengers or cargo with no service facilities. The following use regulations apply:

(1) All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.

(2) The applicant shall furnish evidence of the obtainment of a license from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the conditional use application.

(3) The proposed helistop would not be detrimental to the health, welfare and safety of the Borough residents and their property.

(4) The take-off and landing pad area shall have a minimum length and width (or diameter if circular) of 1.5 times the overall length of the largest helicopter intended to use the facility. The pad shall be paved, level, and maintained dirt free. Rooftop pads shall be free of all loose stone and aggregate.

(5) At least two approach lanes, or each landing pad shall be provided and maintained free of obstructions and shall be located not less than 90 degrees apart. Each approach lane shall be located within 45 degrees left or right of the prevailing winds and shall fan out at an angle of 10 degrees from the width of the landing pad to a width of 1,000 feet and shall have a glide angle slope of eight to one measured from the outer edge of the pad.

(6) An application for the helistop on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter shall be supported by the Structure.

(7) No helicopter over 6,000 pounds gross weight shall use any helistop.

(8) The helistop shall be located a minimum of 1,000 feet from any dwelling unit.

(9) The applicant shall furnish evidence of the obtainment of a license, if required, from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the conditional use application.

(10) It shall be unlawful for any person to land, discharge, load or take off in a helicopter in any place within the Borough other than at a heliport except:

(a) In conjunction with a special event as an athletic contest, holiday celebration, parade or similar activity.

(b) When necessary for police and/or fire training or when necessary for law enforcement purposes and for emergencies.

(c) In connection with a construction project where a helicopter is to be used to lift equipment in connection with such project.

(d) Spraying and dusting for agricultural purposes.

E. Home Occupations. A use that is incidental or secondary to the residential use of a dwelling and which is conducted entirely within the dwelling by one of the residents. The following supplemental use regulations shall apply:

(1) The activity or occupation shall be conducted entirely within the dwelling or existing accessory building by a resident of the dwelling.

(2) The amount of floor area used for such occupation shall not exceed 25% of the total floor area of the dwelling.

(3) No more than four nonresidents shall be employed.

(4) There shall be no displays nor any change on or to the exterior of the building indicating that the building is being used for anything other than a residence.

(5) One sign shall be permitted in accordance with the provisions of the Borough Sign Ordinance, Chapter 19 of the Borough Code of Ordinances.

(6) Activities involving the industrial manufacture of products shall not be permitted.

F. No-Impact Home-Based Business. A business or commercial activity administered or conducted as an accessory use that 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 following supplemental use regulations shall apply:

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

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

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

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

(5) 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.

(6) 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.

(7) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable GFA.

(8) The business may not involve any illegal activity.

G. Parking; Commercial Use Only. A privately owned parcel used for surface parking solely by the commercial use occupants in an adjacent building located on the same parcel. A parking parcel may be uncovered or covered by a Structure. The following supplemental use regulations shall apply:

(1) In no cases shall an existing principal building or structure be removed for the sole purpose of creating surface parking.

(2) In no case shall the parking be made available for public parking purposes.

(3) The perimeter of the commercial parking area shall be landscaped in accordance with Chapter 22, Subdivision and Land Development, of the Borough Code of Ordinances.

§ 27-307 Temporary Uses.

[Ord. No. 1498-25, 12/8/2025]

1. General.

A. Temporary uses are limited to those expressly regulated in this chapter as well as those that in the determination of the Borough Board of Supervisors are deemed appropriate as a temporary use.

B. A temporary use that is conducted annually or on a similar recurring basis as determined by the Borough and has received special exception approval from the Borough Zoning Hearing Board. The temporary use may be permitted to recur thereafter with Approval from the Zoning Officer provided that the event location, format, and operations have not substantially changed from the original approval and that the conditions established in the original approval are deemed applicable. All other temporary uses shall receive special exception approval for each occurrence.

2. Temporary Uses.

A. Temporary Outdoor Event and/or Retail Sales. A temporary outdoor event and/or retail sale such as a carnival, circus, street celebration, race, bazaar, market, procession, assemblage, temporary sales tents (e.g., fireworks, flowers, etc.) or other similar outdoor event. Such events may be on a street, open space, or other public space in which public access is wholly or partially restricted. The event may include the sale of goods. The following supplemental use regulations shall apply:

(1) The applicant shall indemnify, save harmless, and defend (if requested) the Borough and the owner(s) of any private or public property upon which the event/activity will be held and their respective officers, agents, and employees from any and all claims, suits, or actions for injuries, death and/or property damage arising out of the temporary outdoor event where the claim, suit, or action was caused by the applicant, its officers, agents, and employees, the event participants, support staffs, event officials, volunteers, medical support, technical support, media vehicles, event communications staffs, the traveling public, general public, or spectators.

(2) A certificate of insurance must be provided showing: (a) public liability insurance for bodily injury and property damage in the minimum amount of $250,000 per person and $1,000,000 per occurrence to cover any loss that might occur as a result of the permitted use of the local and state rights-of-way or private property that might otherwise arise out of or be connected with the event; (b) occurrence-based coverage; and (c) the Borough and applicable public and private landowners named as the additional insured. The applicant warrants the information in the insurance certificate is accurate.

(3) The event location or route shall be appropriately secured with proper security and safety measures taken to protect the event participants, support staffs, event officials, volunteers, medical support, technical support, media vehicles, vehicle escort services, maintenance and protection services, the traveling public, event communications staffs, the general public, and spectators. Proper emergency medical services shall be provided. Local fire departments, the general public, and the traveling public shall be notified in advance of the event.

(4) Written authorization from the Pennsylvania Department of Transportation (PennDOT) via a Special Event permit granting the applicant permission to use the right-of-way of a state roadway. The applicant shall provide the Borough with a complete copy of the Special Event permit and associated documentation. All information shall be submitted to the Zoning Officer.

(5) Written permission for use of any private property must be obtained from the owner(s), or other person with authority to grant same, and be submitted to the Zoning Officer.

§ 27-308 Extended Height Building.

[Ord. No. 1498-25, 12/8/2025]

1. General.

A. Definition.

EXTENDED HEIGHT BUILDING

A vertically mixed-use building having two or more different uses that is permitted, by special exception approval, to exceed the maximum permitted height of 48 feet specified in the REV District by meeting certain incentive-based criteria as set forth in the following supplemental use regulations.

B. An application for an extended height building use in the REV District shall be made to the Zoning Hearing Board by submission to the Zoning Officer. After setting a date for the zoning hearing, the Zoning Officer shall concurrently refer to the application for review to the Gettysburg Borough Planning Commission for the issuance of a written report with recommendations from other government bodies, if applicable.

C. Increased Height Incentive. The maximum building height set forth in the REV District for an extended height building use may be increased or extended up to a maximum of 72 feet. Use of any one incentive shall allow for the total building height to increase by 12 feet, excluding integrated parking which shall permit total building height to increase by 24 feet. Multiple incentives may be used for an extended height building use to be increased or extended up to a maximum of 72 feet.

(1) Integrated Parking. To qualify for the increased or extended building height incentive, an applicant shall provide 50% of the proposed parking area, pursuant to pursuant to § 27-412 of this chapter, within a building housing one or more permitted uses.

(2) Transit Center. If the existing transit center services operation and use is to be relocated, in order to qualify for the increased or extended building height incentive for this site improvement, an applicant must provide documentation and evidence at the Zoning Hearing Board hearing from the owner of the transit center services lot confirming that an acceptable alternative site for the use has been ascertained and secured within the Borough on North Stratton Street south of Water Street or between Carlisle Street and North Stratton Street for the relocation of transit center services operations and public restrooms.

(3) Green Area. In order to qualify for the increased or extended building height incentive for this site improvement, an applicant shall provide a minimum of 25% green area on the subject lot for a publicly accessible use, such as a market, outdoor restaurant seating, public square, or other similar uses excluding parking. This minimum 25% green area may consist of the following:

(a) Landscaping;

(b) Lawns;

(c) Gardens;

(d) Active and passive parks;

(e) Vegetated surfaces, including vegetated stormwater management facilities;

(f) Green roofs; and

(g) Pervious surfacing or pavers.

(4) Gettysburg Inner Loop. In order to qualify for the increased or extended building height incentive for this site improvement, an applicant shall construct any segment(s) of the Gettysburg Inner Loop Trail Network that is located on the parent parcel of a proposed building site within the NC-1, NC-2, and NC-3 Districts. Once constructed, the segment(s) of the Inner Loop Trail Network shall be dedicated to the Borough for public use.

(5) Inclusionary Housing. In order to qualify for the increased or extended building height incentive for this site improvement, an applicant shall construct a minimum of one affordable rental housing unit for every 10 market rate units produced. Applicants shall coordinate their inclusionary housing proposal with the Adams County Housing Authority before presenting its proposal to the Borough Zoning Officer.

(6) Sustainable building and Site Design. In order to qualify for the increased or extended building height incentive for this site improvement the applicant will obtain Platinum, Gold, or Silver LEED certification through the U.S. Green building Council for the entirety of the project site.

(7) Channel Wall Restoration and Flood Mitigation. In order to qualify for the increased or extended building height incentive for this site improvement, applicants with property abutting a Stevens Run channel wall or located within a special flood hazard area Zone AE, X, or Floodway, as provided by the National Flood Insurance Program and administered by the Federal Emergency Management Agency. The applicant is responsible for the reconstruction of Stevens Run channel wall on a basis of one linear foot of wall improvement for every one linear foot of parcel frontage or total length of Stevens Run channel wall abutment, whichever is greater. The improvements to the channel wall will be coordinated with the Borough Engineer, with approval of the special exception requiring a recommendation of approval by the Borough Engineer.

D. All extended height buildings will be massed to fit harmoniously into their surroundings and will respect and improve local character. It will minimize the impact on nearby buildings and open space by:

(1) Massing new buildings to frame adjacent streets and open spaces in a way that respects the existing and/or planned street proportions;

(2) Creating a transition in scale to nearby buildings;

(3) Providing adequate privacy, sunlight, and sky view ensuring adequate separation between building walls; and

(4) Minimizing shadows and uncomfortable wind conditions on adjacent or nearby lots and open spaces.

E. For any building exceeding 48 feet in height above the ground surface elevation, the additional building height shall be contained within an area defined by measuring a 45° angular plane at the 48 feet height of all building sides. The purpose of this measurement is to mitigate the shadowing impacts of the additional building story or stories on neighboring properties. Where this standard conflicts with other building height standards within this chapter, the greater, more restrictive standard shall be applied.