Borough of Jim Thorpe, PA Article VII Standards for Certain Principal Uses

§ 500-35 Apartment houses, low-rise.

Apartment houses of one to three stories in height other than garden apartments may be built in districts where provided, subject to the following regulations:

A. The maximum permitted density shall be 20 dwelling units per acre.

B. At least 1 1/2 off-street parking spaces shall be provided per dwelling unit.

C. The apartment houses shall be served by off-site water and sewerage facilities.

D. Each dwelling unit shall have adequate light, air and heating, as well as complete bathroom and kitchen or kitchenette facilities.

E. The maximum height of low-rise apartment houses shall be 35 feet.

§ 500-36 Cluster development, residential.

Cluster development shall consist of single-family homes clustered on a tract of five acres or more, in such manner as to provide a common or public open space area for recreational use. The following regulations shall apply to cluster development:

A. The lot area provided for each individual dwelling unit, excluding streets, may be reduced to 75% of the requirements stated for the district in this chapter, provided that off-site water and sewerage facilities are provided for each unit.

B. Usable open space, accessible to the dwelling units, must be provided in an amount equal to at least 25% of the tract.

C. The Borough of Jim Thorpe may accept dedication of the common open space, if it so desires. If not, the developer must agree to maintain the open space himself, or require participation in an owners' organization for maintenance of the common open space, by means of deed covenants to be signed by all buyers.

D. All units in the cluster development must be accessible to fire trucks, police and other emergency vehicles. The cluster development must include access roads adjoining a public right-of-way, and an internal circulation system in conformance with the requirements of the Chapter 390, Subdivision and Land Development. These roads shall be of sufficient width and have sufficient turning radii to accommodate safe transit by fire trucks and other emergency vehicles. Unless the Borough accepts dedication of such roads, they shall be maintained in good repair and kept free of snow, ice or any other materials capable of impeding the safe flow of traffic by the developer or owners organization.

E. Off-street parking spaces must be provided in accordance with the requirements of § 500-31A(6) for single-family dwellings.

§ 500-37 Conversions other than residential conversions.

Where provided in commercial districts, structures may be redesigned and converted from any former use to any other use permitted in the district, subject to the following regulations:

A. The design of said conversion shall be compatible with that of other structures in the neighborhood. In addition, both the structure and all uses to be located therein shall be in compliance with the performance standards of the appropriate section under Article IV.

B. All driveways, vehicular access points and loading zones for the structure shall be designed in such a manner as to minimize conflict points between vehicles and pedestrians, and between vehicles with each other. Driveway access points shall be restricted to the minimum required to provide safe vehicular access, and loading zones, and wherever possible, shall be located in areas not adjacent to sidewalks used by pedestrians.

§ 500-38 Residential conversions.

In districts where provided, single-family homes may be converted into two-family or multifamily structures, provided that the following conditions are met:

A. At least 1,500 square feet of lot area is required for each resulting dwelling unit.

B. At least one off-street parking space shall be provided per resulting dwelling unit.

C. The structure to be converted must be served by off-site water and sewerage facilities.

D. Each dwelling unit shall have adequate light, air and heating, as well as complete bathroom and kitchen facilities.

§ 500-39 Garden apartments.

Garden apartments may be constructed in those districts where provided, in accordance with the following regulations:

A. At least 25% of the garden apartment tract must be maintained in open space, and developed in recreational uses for the enjoyment of the residents. Areas for both active recreation (swimming, tennis, etc.) and passive recreation (landscaped walks, benches, gardens, picnic groves, etc.) may be included in the total area required for open space use.

B. Dwelling units may be developed at a gross density of 10 units per acre.

C. The maximum height of garden apartment units shall be 35 feet, or three stories.

D. All units in the garden apartment development must be accessible to fire trucks, police and other emergency vehicles. The garden development must include access roads adjoining a public right-of-way, and an internal circulation system which conforms to the requirements of Chapter 390, Subdivision and Land Development. These roads shall be of sufficient width and have sufficient turning radii to accommodate safe transit by fire trucks and other emergency vehicles. Unless the Borough accepts dedication of such roads, they shall be maintained in good repair and kept free of snow, ice or any other materials capable of impeding the safe flow of traffic, by the developer or subsequent landlord.

E. Off-street parking spaces shall be provided in the amount of 1.5 per dwelling unit.

F. Storage areas for trash shall be provided, and shall be screened from the view of dwellings on the premises, all adjacent premises and the public rights-of-way. These areas shall be in rodent-proof structures, and maintained in a clean, tidy condition. Trash shall be removed for disposition in a sanitary manner at least twice weekly, and shall not be allowed to accumulate to the point that offensive odors are present or maggots are bred.

§ 500-40 Home occupations.

In districts where provided, a single home occupation per dwelling unit conducted within a room or rooms of a dwelling and which is clearly secondary and customarily incidental to the residential use is permitted. Such occupations include attorneys, accountants, architects, engineers, physicians, dentists, teachers, artists, musicians, telephone calling services, beauticians, barbers, milliners, seamstresses, tailors, and residential day-care homes. Other types of home occupations may be approved by the Zoning Hearing Board provided it can be clearly shown that such home occupation meets the restrictions imposed on all home occupations. A home occupation must meet the following restrictions:

A. Such an occupation shall be conducted only within the confines of the residence with no exterior storage or use permitted.

B. Such an occupation shall be restricted to hours of operation commencing at 7:00 a.m. and concluding at 9:00 p.m.

C. Employment of any nonresident of the household other than one nonprofessional person is prohibited.

D. The available floor space within the dwelling to be used for the home occupation shall be limited to 25% of the existing floor space.

E. An approved home occupation, once commenced, is prohibited from being changed to any other home occupation without approval of the Zoning Officer or the Zoning Hearing Board, as the situation warrants.

F. Such occupation shall not create any adverse traffic, parking, noise or aesthetic impact upon the abutting properties or the neighborhood.

G. A home occupation shall not require or cause any exterior alteration to the residence, structure or to the property except for permitted additional parking and a single permitted sign. The sign shall conform to the requirements of § 500-30B(6).

§ 500-41 Mobile home parks.

Includes the development of mobile home parks planned as a unit which are located on tracts of land at least five acres in size. Also, includes individual mobile homes located in such parks. Such mobile home parks and individual mobile homes, shall comply with all of the regulations of the State of Pennsylvania for Mobile Home Parks and with the following regulations:

A. Individual mobile home lots located in a mobile home park shall contain 4,000 square feet of lot area. The clustering of mobile home units on a lesser-sized area, to produce a livable environment, may be permitted, provided that the objectives of this section are complied with and provided further that the overall average lot area per unit of the park shall not be less than 4,000 square feet.

B. No mobile home shall be located closer than 50 feet to any property line defining the external boundary of the park.

C. No structure located on any lot in any mobile home park shall be closer to any front line than 25 feet; to any side lot line than 10 feet; nor to any rear lot line than 20 feet.

D. The minimum side clearance between any two adjacent mobile homes shall be 30 feet.

E. Roadway or area lighting shall be reflected away from adjoining properties.

F. The commercial sale of mobile homes from a mobile home park is prohibited.

G. Individual tenants at the mobile home park may construct attached enclosures to individual mobile homes, provided that such enclosures do not exceed 50% of the floor area of the mobile home. Individual building and zoning permits shall be required for such enclosures in each case.

H. At least 25% of the mobile home park shall be in open space developed for recreational use by the residents.

I. The layout and construction of new streets within the mobile home park shall conform with the requirements of Chapter 390, Subdivision and Land Development, and shall provide access to all individual mobile homes by fire and other emergency vehicles.

J. All mobile home parks shall provide to each lot a continuing supply of safe and potable water as approved by the Pennsylvania Department of Environmental Protection. The park shall also provide each lot with a connection to public sanitary sewage disposal facilities of the Borough or to facilities provided by the developer, which shall be in accordance with, and as approved by, the Pennsylvania Department of Environmental Protection.

K. All area devoted to utility purposes, such as garbage storage area, common washing or drying facilities and other such area shall be adequately screened.

§ 500-42 Automotive service stations.

Automotive service stations, including gasoline and diesel fuel stations and public automobile repair garages, may be built in districts where provided, subject to the following regulations:

A. Vehicular exits and entrances must be at least 200 feet distant, as measured along the public right-of-way, from the nearest property line of any school, public playground, place of worship, hospital or public library.

B. Vehicular exits and entrances must be at least 50 feet distant from any street intersection.

C. No oil draining pit or other appliance for such purpose shall be located within 12 feet of any neighboring nonresidential property line, or within 25 feet of any residential district or property, unless such pit or appliance is located entirely within a closed building.

D. Any rest room area provided shall be screened from the view of the public right-of-way and of adjacent properties.

E. All repairs shall be performed within an enclosed building.

F. Off-street parking shall be provided in accordance with the regulations of this chapter.

§ 500-43 Shopping centers.

Shopping centers may be built in districts where provided, subject to the following regulations:

A. Safe and separate means of ingress and egress to the shopping center tract must be provided for passenger cars and service vehicles, the latter including delivery trucks.

B. No access driveway shall be located closer than 100 feet to any street intersection or to any other driveway.

C. Traffic generated by the shopping center complex must not impede the flow of traffic in the surrounding circulation, or increase the hazard of accidents. The developer of the proposed shopping center must include, in his application for such use, a traffic study prepared by a bona fide traffic engineer or consultant, which includes estimates or the amount of traffic to be generated by the shopping center complex, and the methods by which the impacts of such traffic upon the surrounding circulation system will be minimized.

D. The interior circulation system must separate pedestrian traffic from vehicular traffic, and passenger car traffic from service or delivery truck traffic. The professional traffic study submitted by the developer must also include information on these matters.

E. Parking spaces for passenger cars and loading areas for trucks shall be provided in accordance with the regulations of Article VI, subject to the additional requirement that passenger parking areas be physically separated from truck loading areas. Preferably, these two types of areas shall be located on different sides of the buildings they are intended to serve.

F. Shopping centers shall be subject to all of the performance standards of Article IV.

G. Shopping centers may consist of either closed or unclosed pedestrian malls.

§ 500-44 Townhouses (row houses).

Townhouses (row houses) may be built in districts where provided, subject to the following regulations:

A. The maximum height of a townhouse shall be 35 feet, or three stories.

B. Townhouses shall be joined to each other by party walls, in groupings consisting of no less than three and no more than seven townhouses.

C. The maximum permitted density for townhouses shall be seven dwelling units per acre.

D. Off-street parking shall be provided in accordance with the regulations of Article VI.

E. The lawn areas consisting of the front, rear, and, in the case of corner properties, the side yards of townhouse units may be included in the deed of sale to the individual homeowners purchasing said townhouses; or; ownership of such areas may be retained by the developer, who must include, in his application for development, a statement in writing to the effect that he will be responsible for the continuing maintenance of such areas. The developer shall also agree, in writing, to provide continuing maintenance for any other common open space or recreational area included in the townhouse tract, unless the Borough agrees to accept dedication of such area, or the developer arranges, by deed covenant, for the maintenance of such area by an association of the townhouse homeowners.

§ 500-45 Bed-and-breakfast.

Bed-and-breakfast uses may be built in districts as and where provided, subject to the following regulations:

A. No more than 10 guest rooms shall be provided and no more than two adults and two children may occupy one guest room.

B. One off-street parking space shall be provided for each guest room.

C. At least one full bathroom separate from the host family's bathroom shall be provided for every two guest rooms.

D. There shall be no use of show windows or any type of display or advertising visible from outside the premises. One on-premises sign shall be permitted which shall not exceed 10 square feet in size.

E. There shall be no separate kitchen or cooking facilities in any guest room.

F. The existing on-site sewage disposal system shall be reevaluated as being adequate, in accordance with local and state regulations.

§ 500-46 Junkyard or scrapyard.

Junkyards and scrapyards may be built in districts as and where provided, subject to the following regulations:

A. No junkyard or scrapyard shall be established or maintained closer than 50 feet to any street or any side property line. All junkyards or scrapyards must be entirely enclosed within a solid wall, solid fence, or other barrier which may be approved by Council. Such fence, wall or barrier shall not be less than six feet high. The fifty-foot setback shall be kept clear and vacant at all times. However, whenever such fence, wall or barrier is visible from a public road, or from a residence, or from an adjoining property, a landscaped evergreen screen of trees and/or shrubs of three feet or more at planting, and which are capable of attaining a continuous height of six feet or more, shall be planted along such fence, wall or barrier, or section of same. The minimum acreage of any such junkyard or scrapyard shall be 10 acres.

B. There shall be established and maintained in all junkyards and scrapyards parallel aisles or roadways of not less than 12 feet in width and not more than 125 feet apart. All aisles or roadways must be kept clear and vacant at all times.

C. No inflammable liquids shall be permitted to remain in any junked container, whether the container is a separate item or is an integral part of another item.

D. All rags, bottles and scrap paper must be kept within the walls of a building constructed of fire resistant material and no garbage or other organic wastes shall be stored in such premises.

E. Such premises shall at all times be maintained so as not to constitute a nuisance or a menace to the health of the community or residents nearby.

F. The manner of storage and arrangement of junk, and the drainage facilities of the premises shall be such as to prevent the accumulation of stagnant water upon the premises and to facilitate easy access for fire-fighting purposes.

G. No burning of any materials shall occur within a junkyard at any time.

§ 500-47 Large and small group care facilities.

Large and small group care facilities may be built in districts as provided by this chapter, subject to the following regulations:

A. The applicant shall demonstrate those support facilities that are essential to the functioning of the specific facility. These support facilities shall include, but are not limited to transportation, medical care, education facilities, recreation facilities, social services and training facilities.

B. The facility shall have obtained any and all licenses and permits required by the federal, state, county or local government which may be relevant to the particular type of facility.

C. A minimum floor area of 900 square feet shall be provided for all small group care facilities.

D. For large group care facilities, a minimum floor area of 900 square feet plus 110 square feet for every resident in excess of six shall be provided.

E. Small group care facilities shall not have more than six residents.

F. The group care facilities shall have twenty-four-hour-per-day supervision of the residents by people qualified by training and experience in the field for which the group care facility is intended.

G. One off-street parking space per employee for the maximum number of employees on any one shift shall be provided if the resident group members are not allowed to operate motor vehicles. If the resident group members are allowed to operate motor vehicles, one off-street parking space shall be provided for each resident as well.

H. The facility shall not provide medical, counseling or other service to persons who do not reside at the facility.

I. The lot on which the group care facility is sited shall be separated from lots on which other group care facilities are located by a minimum distance of 800 feet in any direction.

J. The facility shall comply with the following requirements, by providing said information to the Zoning Officer, on or before February 1st, of each year, or an annual basis:

(1) The names, addresses, and telephone numbers of the primary and alternate supervisors of the group home facility.

(2) The address of the operator of the group home for the acceptance of correspondence and service of documents, which address shall be within the Commonwealth of Pennsylvania, or in the event of a sponsor not maintaining an office within the Commonwealth of Pennsylvania, then the sponsor shall designate an agent for acceptance of correspondence and service of documents within the Commonwealth of Pennsylvania.

(3) A current copy of all licenses held by the operator of the group home authorizing the operation of the group home facility.

K. The above information shall be accompanied by an annual fee, payable to the Borough as shall be set by Borough Council by resolution. Until otherwise established, the fee shall be $25 per annum.

L. The applicant shall also submit such additional information as shall be required by the annual application to be filed with the Zoning Officer to accompany the above information.

§ 500-48 Adult commercial uses.

Adult commercial uses may be built in districts as and where provided, subject to the following regulations:

A. No materials, merchandise, or film offered for sale, rent, lease, loan or for view upon the premises shall be exhibited or displayed outside of a building or structure or shall be visible from a window, door, or exterior of a building or structure.

B. Any building or structure used and occupied as an adult commercial use shall be windowless, or have an opaque covering over all windows or doors of any area in which materials, merchandise, or film are exhibited or displayed and no sale materials, merchandise or film shall be visible from outside of the building or structure.

C. No signs shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise or film offered therein.

D. No person under the age of 18 years of age shall be permitted within a building whose operation would be considered an adult use. Each entrance to the building shall be posted with a notice specifying that persons under the age of 18 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.

E. No type of adult commercial use may change or expand to include another adult commercial use, except upon approval as an additional conditional use.

F. No unlawful specified sexual activity or conduct shall be permitted.

G. No more than one adult commercial use establishment or place may be located within one building or shopping center.

H. Parking: one off-street parking space for each four seats provided for patron use, or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.

I. Any such use shall have sufficient buffer yards as defined in § 500-12C(9), subject to such additional or stricter setbacks from the regular setback, said regular setbacks to apply as a minimum setback, to the structure housing the actual use and subject to the stricter screening as in the discretion of the Board shall be necessary for the public health, safety and welfare in particular situations and which assures appropriate buffer yards between the proposed use and surrounding and contiguous lots. Any such additional setback or screening requirements shall be stated as conditions for the use.

J. The distance between any adult commercial uses and any other use shall be measured in a straight line, without regard to intervening structures, from the closet point of the adult commercial use lot line and associated parking to the closet point on the lot line of such other land use.

K. No such use shall be located within 1,000 feet of a similar use. The distance between any two adult commercial uses shall be measured in a straight line, without regard to intervening structures, from the closet point of the adult commercial use lot line and associated parking to the closet point of the other adult commercial use and associated parking lot line.

§ 500-49 Waste facilities.

A waste facility is permitted as a conditional use in the Industrial District provided it is not to be located:

A. In the one-hundred-year floodplain.

B. Within 300 feet of an important wetland.

C. In coal-bearing areas underlain by recoverable coals, unless the waste facility owner owns the mineral rights.

D. In valleys, ravines, or hollows where operation would impact a perennial stream.

E. In areas underlain by limestone or carbonate formations less than five feet thick.

F. Within 300 feet of any occupied dwelling. The actual disposal area may not be closer than 500 feet to an occupied dwelling.

G. Within 100 feet of a perennial stream.

H. Within 100 feet of a property line.

I. Within 25 feet of a coal seam.

J. Within 0.25 miles upgradient, or 300 feet downgradient of any private or public water source.

§ 500-50 Commercial communications towers.

[Added 1-10-2002 by Ord. No. 2002-01]

This section prescribes the standards which must be met prior to the erection of a new commercial communications tower (hereinafter referred to as "tower") within the Borough.

A. Definitions. For the purposes of this section, the following definitions shall apply:

AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI)

A national organization which formulates guidelines and standards. ANSI standards are recognized as authoritative by the FCC.

ANTENNA

A system of electrical conductors that transmit or receive radio waves.

CELLULAR TELEPHONE

A system providing portable telephone service to specific subscribers. The system works on a line-of-sight principle. Each company must set up a grid system of antennas on hilltops to provide complete coverage.

CHANNEL

A segment of a frequency band assigned to a specific user.

COMMERCIAL COMMUNICATIONS TOWER

A structure, partially or wholly exterior to a building, used for mounting antennas which transmit or retransmit radio signals.

CONSTRUCTION PERMIT

A document issued by the FCC as to a broadcast applicant giving permission to construct a radio or TV broadcast station. It is not the same as a station license.

ELECTROMAGNETIC RADIATION (EMR)

A technical term for the nature of energy emitted by a transmitting antenna.

FM/TELEVISION BROADCASTING

Transmission of radio and/or television programs intended for reception by the general public. An FM/television broadcasting tower shall mean a tower maintaining the primary or main transmitter of an FCC licenses broadcast station.

HEIGHT ABOVE AVERAGE TERRAIN (HAAT)

A technical term used by the FCC to determine the effective height of an antenna by considering the effects of terrain variations in the coverage area provided by the antenna.

HEIGHT OF TOWER

The overall height of the tower from the base of the tower to the highest point of the tower, including but not limited to antennas, transmitters, satellite dishes or any other structures affixed to or otherwise placed on the towers. If the base of the tower is not on the ground level, the height of the tower shall include the base of the building or structure to which the tower is attached.

INTERMODULATION

A technical term referring to the possible mixing of two transmitted signals which creates unwanted, and potentially interfering, signals.

LAND-MOBILE SYSTEMS

Radio communications service for mobile or stationary units in which each user is assigned a particular frequency. It includes conventional two-way radio, special mobile radio service and one-way paging.

LEASE TOWER

A tower whose owner has as his principal business the leasing of tower space to other users.

POINT-TO-POINT MICROWAVE

Communication between specific points using frequencies above 900 MHz; normally transmitted between two towers optimally located for line-of-sight transmission. Uses low power levels.

RF INTERFERENCE

Disturbances in reception caused by intruding signals or electrical current.

STRUCTURAL CAPACITY

A term describing the physical ability of a tower and associated antennas to withstand design loading without collapsing.

B. Principal use. Towers are a principal use. No other principal use is permitted on a lot with a tower. (Refer to Subsection M(3)(d) for cellular telephone towers.)

C. Towers classifications. A tower and accessory facilities may be permitted for the following uses if they comply with all of the requirements of this section.

(1) FM/television broadcasting.

(2) Land mobile systems.

(3) Cellular telephone.

(4) Fixed point-to-point microwave.

(5) Lease tower.

(6) Any other communications use not specifically listed or covered in any of the above five categories.

D. Setback requirements.

(1) The distance from the base of the proposed tower to the nearest point on the lot line shall not be less than 1/2 of the of the full height of the tower. (Refer to Subsection M(3)(d) for cellular telephone towers.)

(2) Guy wire anchors, if used, shall be set back a minimum of 25 feet from any lot line.

(3) If additional towers are present on the same lot, the distance from the base of the proposed tower to the base of the nearest tower, if it is self-supporting, or the nearest guy anchor of a non-self-supporting, or the nearest guy anchor of a non-self supporting, or the nearest guy anchor of a non-self supporting tower, shall not be less than the full height of the tallest tower.

E. Accessory facilities. Accessory facilities are permitted on the same lot as a tower, subject to the following conditions:

(1) A single accessory facility containing equipment and control devices for the continuing operation of a tower may be located on the lot.

(2) No building or facility may be used as an office or as a broadcast studio. No building or facility may be used for a long-term vehicle storage or for other outdoor storage.

(3) No on-site employees shall be permitted to utilize any accessory facility as an office. Employees are permitted to visit the site as often as necessary for maintenance and inspection of the tower and its accessory uses.

(4) Accessory facilities may be lighted for security or for maintenance purposes. Any such lighting shall be shielded and no lights shall be emitted upward or spill over onto adjacent properties. Upward light will be permitted only on a temporary basis as may be required for emergency tower maintenance or repair.

(5) Lighting of parking lot areas and accessory facilities must meet the requirements of this or any other applicable Borough ordinance.

F. Parking requirements. Two off-street paved, parking spaces per tower shall be required. The parking spaces shall conform to the parking standards of this chapter.

G. RF Interference to existing facilities. The applicant shall demonstrate that the proposed transmitting facility will not cause RF interference to any existing communications services (including but not limited to other towers or transmitting facilities, communication services reception by other property owners, etc.) in accordance with the FCC requirements for the applicant's class of operation.

H. EMR. The applicant shall provide information as to whether the proposed RMS field intensity or EMR from applicant's antenna(s) measured at the nearest point on the boundary of applicant's site from the proposed antennas will exceed the levels allowed under ANSI standard C95.3. This is a requirement to provide information and not a requirement to meet the standard.

I. Environmental impact. All new towers proposed in the Borough shall conform to the following environmental impact guidelines:

(1) Existing on-site vegetation shall be preserved to the maximum extend practicable.

(2) If the proposed tower is less than 200 feet high, and is exempt from any special FAA marking requirements, the tower shall be painted silver above the tree line level and painted green below the tree line level.

(3) Artificial lighting is prohibited on all proposed towers unless required by the FAA. When artificial light is required, the use of strobe lighting is prohibited unless specifically required by the FAA.

(4) Where the site abuts a public street or a lot that is either zoned residential or used for a residential use, and where the base of the tower can be seen from the public street or from a dwelling on the residential lot, the site perimeter shall be buffered by planting natural screening which blends in with existing vegetation to provide an effective screen. Such screening shall meet the requirements of the definition of "screen planting" in § 500-7 and the requirements of § 500-12C(9). Existing vegetation, fences or walls may be used if the Zoning Officer finds:

(a) They achieve about the same degree of screening as described in the definition of "screen planting" in § 500-7 and § 500-12C(9).

(b) New plantings would have a detrimental effect on the stability, security or maintenance of the guy wires.

(c) They are needed for surveillance and security of structures to be erected on the lot.

J. Observatory telescope line of sight clearance. There shall be maintained an unobstructed 20° line-of-sight measured from the horizontal plane surrounding any observatory telescope where the observatory telescope has a greater that 25 centimeters aperture and the observatory facility is erected for the public use for research and/or educational purposes.

K. FAA lighting and marking requirements. Lighting shall only be installed on a tower if it is required by the FAA. If lighting is not required by the FAA or any other governmental agency having jurisdiction, then the lighting shall not be installed on a tower. Only the minimum lighting necessary to meet governmental requirements shall be permitted. If strobe lights or flashing mechanisms are not required by such government agencies, then such lighting shall not be permitted.

L. Tower design and installation.

(1) All towers shall be built and certified in accordance with EIA-22-D.

(2) If a non-self supported tower is proposed, the applicant must use a guy wire configuration which is at least the minimum specified by the tower manufacturer.

(3) All new towers permitted after the effective date of this section must be engineered to accommodate additional new users.

(4) The base of the tower shall be surrounded by a secure fence with the minimum height of eight feet.

(5) The tower design and installation shall also comply with any additional federal, state and local regulations as may apply.

M. Specific additional requirements for each tower classification:

(1) FM/television broadcasting use. An applicant proposing to erect a new tower for an FM/television broadcasting use as defined herein shall also comply with the following standards.

(a) Applicant shall demonstrate that the requested location is necessary to satisfy the signal coverage requirements mandated by the FCC for the applicant's particular class of operation.

(b) Applicant shall request the minimum antenna height above ground level which will satisfy the HAAT requirements stipulated on the applicant's FCC construction permits, provided the requested height of the tower does not exceed 400 feet above ground level.

(2) Land mobile radio use. An applicant proposing to erect a new tower for land mobile radio use as defined herein shall also comply with the following:

(a) Applicant shall demonstrate that the requested location can be reasonably expected to provide the signal coverage deemed necessary by the applicant.

(b) Applicant shall request the minimum antenna height above ground level which will satisfy the antenna height requirements stipulated on the applicant's FCC license, provided the requested height of the tower does not exceed 199 feet above ground level.

(3) Cellular telephone use. An applicant proposing to erect a new tower for cellular telephone use shall also comply with the following:

(a) Applicant shall demonstrate that the requested location is necessary to satisfy its function with the company grid system.

(b) Applicant shall demonstrate that existing tall structures within a one-quarter-mile radius of the proposed operation will not accommodate the applicant's proposed operation. The Borough may deny the applicant to erect a new tower if the applicant has not made a good faith effort to mount an antenna on an existing structure.

(c) Applicant shall request the minimum tower height necessary to satisfy its function in the company's grid system, provided the requested height of the tower does not exceed 199 feet above ground level.

(d) Notwithstanding any other provisions in this section, the following shall also apply to cellular telephone use since each cellular telephone system is set up in a unique system of antennas to create a network for complete and adequate service:

[1] A cellular telephone tower or antenna may be located on a lot with additional principal uses or buildings as long as all requirements of this chapter are met.

[2] Screening requirements in the definition of "screen planting" in § 500-7 and the requirements of § 500-12C(9) shall be met if any cellular telephone tower is constructed with 100 feet of the property line (as defined in § 500-7) of a lot zoned or used for residential purposes. The screening width shall be 20 feet. Existing vegetation, fences or walls may be used if the Zoning Officer finds that the criteria of Subsection I(4)(a), (b) or (c) of this section are met.

(4) Point-to-point microwave use. An applicant proposing to erect a new tower for point-to-point microwave use shall also comply with the following:

(a) Applicant shall demonstrate that the requested location is necessary to satisfy its function within the overall microwave system.

(b) Applicant shall request the minimum tower height necessary to satisfy line-of-sight requirements to the next relay links in the microwave system, provided the requested height of the tower does not exceed 199 feet above ground level.

(5) Lease tower use. An applicant proposing to erect a lease tower shall comply with the following:

(a) Applicant shall demonstrate that the requested location can be reasonably expected to provide the signal coverage required by prospective users.

(b) Applicant shall request the minimum antenna height above ground level which will reasonably accommodate the antenna height requirements of prospective users, provided the requested height of the tower does not exceed 199 feet above ground level.

(6) Requirements for any other use. An applicant proposing to erect a new tower for any other use shall also comply with the following:

(a) Applicant shall demonstrate that the requested location can be reasonably expected to provide the signal coverage deemed necessary by the applicant.

(b) Applicant must request the minimum antenna height above ground level which will satisfy the antenna height requirements stipulated on the applicant's FCC license, provided the requested height of the tower does not exceed 199 feet from ground level.

N. Shared use requirements.

(1) Lease tower.

(a) An applicant proposing to construct a lease tower shall first demonstrate that the existing tower(s) owned by the applicant, or any affiliate or subsidiary of the applicant, cannot reasonably accommodate the telecommunications equipment planned for the proposed tower. In addition to any other evidence presented by the applicant, the applicant shall submit:

[1] A wide-loading analysis, certified by a licensed professional communications engineer or licensed professional civil/structural engineer, which demonstrated that the proposed telecommunications equipment will exceed the structural capacity of the existing tower, and that the existing tower whose structural capacity would be exceeded by the applicant's proposed equipment cannot be structurally reinforced to accommodate the applicant's proposed equipment at a reasonable cost;

[2] A study that combining existing equipment and/or "duplexing" existing equipment is not reasonable or reasonably suitable for the new proposed equipment; and

[3] An intermodulation analysis, certified by a professional communication engineer, which demonstrated that the proposed new equipment will not cause undue RF interference to existing communications services on the existing tower. If applicant demonstrates Subsection N(1)(a)[1] and [2] to the satisfaction of the Zoning Officer, then the interference analysis may be submitted, but shall not be mandatory.

(b) The applicant shall also provide information as to whether the combined total RMS field intensity of EMR from all emitters on the existing tower(s) and the proposed tower, including the applicant's proposed antenna, measured at the nearest point on the boundary of the tower site from the nearest tower will exceed the levels allowed under ANSI standard C95.3. This is a requirement to provide information and not a requirement to meet the standard.

(2) All tower uses, with the exception of lease tower uses. All applicants requesting permission to erect a new tower in the Borough must demonstrate that existing towers within a one-mile radius of the proposed tower cannot accommodate the applicant's proposed operation. Documentation must be provided to show that the applicant has contacted by certified mail, return receipt requested, all tower owners within a one-mile radius of the proposed tower and that each of these towers cannot support the new proposed equipment. The Borough may deny the applicant to erect a new tower if the applicant has not made a good-faith effort to determine the suitability of existing towers.

O. Applicant contents for a new tower. An application for permission to erect a new tower in the Borough shall include:

(1) A copy of applicant's FCC construction permit (for broadcast use) or FCC station license (for other uses).

(2) A detailed site plan drawn to scale and identifying the site boundary; the proposed tower and any existing towers; guy wire anchors; existing and proposed structures; existing vegetation to be retained, removed or replaced; and uses, structures and land-use designations on the site and abutting parcels.

(3) A technical description of the facility to include:

(a) A description of the tower and the technical, and other design factors of the tower.

(b) A description of the capacity of the tower, including the number and types of antennas that it can accommodate.

(4) A statement from the FCC, FAA and state aeronautics division that the proposed tower complies with applicable regulations or that the tower is exempt from those regulations.

(5) An intermodulation analysis certified by a professional communication engineer which demonstrates that the proposed new equipment will not cause under RF interference to existing towers or transmitting facilities or communications service reception by other property owners. The applicant shall be responsible to resolve all instances of interference caused by the actual operation of the tower that occurs after its installation.

P. Application contents for adding a new antenna to an existing tower. Prior to the installation of an antennas on an existing tower, an applicant shall obtain a zoning permits from the Borough. The application for such permit shall include:

(1) A wind-loading analysis, certified by a licensed professional civil/structural engineer, which demonstrates that the proposed telecommunications equipment will not exceed the structural capacity of the existing tower.

(2) An intermodulation analysis which demonstrates that the proposed transmitting facility will not cause RF interference to any existing communications services (including but not limited to other towers or transmitting facilities, communications services reception by other property owners, etc.) in accordance with the FCC requirements for the applicant's class of operation. The applicant shall be responsible to resolve all instances of interference caused by the actual operation of the tower, and any additional antenna, after installation.

(3) Information as to whether the RMS field intensity of EMR from the applicant's tower (with all existing and proposed antennas) measured at the nearest point on the boundary of applicants' site proposed antenna will exceed the levels allowed under ANSI standard C95.3. This is a requirement to provide information, not a requirement to meet the standard.

§ 500-50.1 Agritourism enterprises.

[Added 12-14-2017 by Ord. No. 2017-13]

The following standards and requirements shall be met by the applicant for an agritourism enterprise activity:

A. Agritourism enterprises shall be on the same parcel or lot where the farming activities take place, which shall have a minimum lot area of 10 acres.

B. The following activities, and activities that the applicant proves are closely similar in use and operations, shall be permitted as an agritourism enterprise.

(1) U-pick operations (i.e., berry or fruit picking).

(2) Limited wineries, distilleries, breweries and microbreweries, tours and tasting rooms associated with these facilities.

(3) Production of products from items grown/raised on the farm (including, but not limited to, wine, cider, dairy products, ice cream, baked goods, and clothing products), provided that at least 25% of all the raw materials used in the production of the items are grown/raised on the farm or from a facility in same ownership for sale of products. Borough Council may grant a modification to this provision to allow for a farm production start-up period.

(4) Local farm products retail operations (including crafts, food products made from products grown/raised on the farm, garden and nursery products grown on the farm, and clothing products made from wool of animals raised on the farm, etc.), provided that at least 25% of all of the items for display or sale are grown, raised or produced on the farm or from a facility in same ownership for sale of products.

(5) Farm-related interpretive facilities and exhibits.

(6) On-site farm, garden, greenhouse and nursery tours.

(7) Walking and bicycle tours and trails.

(8) Christmas tree farm, cut-your-own.

(9) Corn mazes.

(10) Horseback/pony rides.

(11) Petting zoos, in accordance with the following:

(a) Shall be located not less than 100 feet from any property line.

(b) Shall be located not less than 125 feet from any residential use on adjacent properties.

(c) Shall be located on a minimum of 25 acres.

(12) Accessory uses and structures (subject to land development):

(a) Lodging.

[1] Bed-and-breakfast.

[2] Cabins and camping (with required facilities, subject to a vegetative buffer and a one-hundred-foot setback from all property lines). NOTE: Hotels or motels are not included.

(b) Storage buildings and sheds.

C. Activities that are not permitted as part of an agritourism enterprise include, but are not limited to, the following:

(1) Concentrated animal feeding operations (CAFO).

D. Packaged snacks, catered food and food vendors are permitted on site during activities for any permitted agritourism use.

E. Agritourism enterprises shall not have significant impacts on the agricultural viability or rural character of neighboring properties.

F. The applicant shall identify the anticipated hours of operation for the agritourism enterprise. Hours of operation for agritourism enterprises shall be determined through the land development process for each application.

G. Outdoor lighting shall be limited to that needed to provide illumination of parking areas utilized for three or more cars after dark and for pedestrian accessways. Lights must be full cut-off lights pointed downward to minimize sky glow and shall be extinguished no more than one hour after close of business.

H. Off-street parking shall be provided in accordance with Article VIII. The applicant shall provide a reasonable explanation as to how the number and type of spaces provided will meet the needs of the proposed use. In no case shall parking be permitted in a location that would require visitors to have to cross a public road.

I. All buildings shall maintain a residential or agricultural appearance.

J. The total for all building floor areas utilized for agritourism enterprise uses, including buildings utilized for production, storage and retail operations, are subject to the zoning regulations regarding building and lot coverage requirements.

K. When a permanent building is proposed for use by the public, land development plans shall be required to be approved by Jim Thorpe Borough.

L. All food and/or beverages sold for consumption on site shall comply with federal, state, and local regulations.

M. Outside display, sales, or storage of items shall be limited to items grown or produced in Pennsylvania, including products associated with the agritourism business.

§ 500-50.2 Short-term rentals.

[Added 3-11-2021 by Ord. No. 2021-01]

A. The following standards and requirements shall be met by the applicant for a short-term rental activity.

(1) License. Possession of a current valid short-term rental license issued by the Borough in accordance with the Jim Thorpe Borough Short-Term Rental License Ordinance.

(2) Meals. Meals shall not be provided to overnight guests of the establishment.

(3) Sewage disposal and occupancy. Sewage disposal meeting the requirements of the Borough and PA DEP shall be provided. Occupancy shall be limited by the capacity of the sewage disposal system.

(4) (Reserved)[1]

[1] Editor's Note: Former Subsection A(1)(d), regarding nonconforming lots, was repealed 11-11-2021 by Ord. No. 2021-08.

(5) Parking. Adequate off-street parking shall be provided in accordance with § 500-31.

(6) PA Uniform Construction Code. All short-term rentals shall comply with PA Uniform Construction Code requirements, as amended.

(7) Information required. In addition to the other information required by this chapter, the applicant shall include with the application:

(a) The name, address, telephone number and email address of the owner of the short-term rental for which the permit is issued. If the owner does not have a managing agency, agent or local contact person, then the owner shall provide a twenty-four-hour telephone number.

(b) The name, address, and twenty-four-hour telephone number of the managing agency, agent or local contact person for the owner of the short-term rental.

(c) The number of bedrooms and the maximum number of overnight occupants.

(d) If the building is a two-family or multifamily dwelling structure, the number of dwelling units and the number of dwelling units being used as a short-term rental.

(e) A diagram or photograph of the premises showing and indicating the number and location of designated on-site parking spaces and the maximum number of vehicles allowed for overnight occupants.

(f) Copy of current Carbon County hotel room excise tax certificate and current Pennsylvania sales tax license, and/or such other proof or certification that the appropriate tax is collected.

B. Registration of nonconformities. Pursuant to Section 613 of the MPC[2], the Zoning Officer is directed to identify and register existing nonconforming short-term rentals together with the reasons why the Zoning Officer identified such nonconformity. To that end, within 90 days following the effective date of this section, the owner of any short-term rental shall come forward and register such nonconforming use as a change of use application with the Zoning Officer of the Borough of Jim Thorpe, who shall maintain records of all such nonconformity by name and address for the use and the administration and enforcement of this section, and as a matter of public information. The owner of such short-term rental shall comply with the Zoning Ordinance (other than the zoning location, which shall be considered grandfathered for purposes of this section). The Zoning Officer shall issue a certificate of nonconformity to the owner of the premises or proprietor of the short-term rental in question. Such registration shall have the effect of permitting the short-term rental to continue in the zone in which it is located subject to the requirements set forth in this § 500-50.2 and subject to the independent Short-Term Rental Ordinance adopted by the Borough Council as may be amended from time to time.

[2] Editor's Note: See 53 P.S. § 10613.

C. Short-term rental uses shall be allowed in the following districts by special exception: C-1, C-2, C-3, R-4 and S-Special.

§ 500-50.3 Medical marijuana.

[Added 2-10-2022 by Ord. No. 2022-03]

A. Purpose. To establish a process and standards for the establishment, construction, and operations of various medical marijuana facilities in strict conformity with the Pennsylvania "Medical Marijuana Act" (Act of Apr. 17, 2016, P.L. 84, No. 16, a/k/a Act 2016, 35 P.S. § 10231.101 et seq., as amended) to allow for the integration of an allowed industry while providing for the protection of the public's health, safety, morals, and general welfare.

B. Medical Marijuana Academic Clinical Research Centers.

(1) Parking requirements will follow the parking schedule found in § 500-31A(6)(b) concerning retail stores.

(2) An academic clinical research center may only grow medical marijuana for the purpose of on-site clinical research and not for gifting, donating or sale, provided such activity occurs indoors within an enclosed secure building which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health as required by Act 16, as amended, and not within a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicles or other motor vehicle.

(3) There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any medical marijuana academic clinical research center and the facility shall comply with § 500-13, Environmental protection requirements.

(4) A buffer planting is required where a medical marijuana academic clinical research center adjoins a residential use or district in accordance with § 500-7 ("screen planting").

(5) The applicant shall submit documentation showing compliance with Act 16, as amended, and all related regulations, including but not limited to licensure, upon demand of the Zoning Officer.

(6) Failure to comply with the requirements of Act 16, as amended, and all related regulations shall constitute a violation of the Zoning Ordinance.

C. Medical marijuana grower/processor.

(1) A medical marijuana grower/processor may only grow medical marijuana indoors within an enclosed, secure building which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health as required by Act 16, as amended, and not within a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.

(2) 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 and the facility shall comply with § 500-13, Environmental protection requirements.

(3) Grower/processors may not operate on the same site as a facility used for dispensing medical marijuana.

(4) Parking requirements will follow the parking schedule found in § 500-31A(6)(c).

(5) A buffer planting is required where a medical marijuana grower/processor adjoins a residential use or district in accordance with § 500-7 ("screen planting").

(6) 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 and in accordance with § 500-31B.

(7) The applicant shall submit documentation showing compliance with Act 16, as amended, and all related regulations, including but not limited to licensure, upon demand of the Zoning Officer.

(8) Failure to comply with the requirements of Act 16, as amended, and all related regulations shall constitute a violation of the Zoning Ordinance.

D. Medical marijuana dispensary.

(1) A medical marijuana dispensary may only dispense medical marijuana indoors within an enclosed, secure building which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health as required by Act 16, as amended and not within 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) There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from a facility where medical marijuana growing, processing, or testing occurs, and the facility shall comply with § 500-13, Environmental protection requirements.

(4) A medical marijuana dispensary shall:

(a) Not have a drive-through service;

(b) Not have outdoor seating areas;

(c) Not have outdoor vending machines;

(d) Prohibit the application and consumption of medical marijuana on the premises; and

(e) Not offer direct or home delivery service.

(5) A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school, a charter school, or a day-care center, unless an adjustment or waiver of such prohibition shall have been approved by the Pennsylvania Department of Health and satisfactory proof thereof shall have been provided to the Zoning Officer. This distance shall be measured in a straight line from the closest property line 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.

(6) Any medical marijuana dispensary facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school, a charter school, or a day-care center, provided the dispensary use shall not have been or thereafter become, abandoned.

(7) Parking requirements. At least one parking space for each 200 square feet of floor area or fraction thereof.

(8) A buffer planting is required where a medical marijuana dispensary adjoins a residential use or district in accordance with § 500-7 ("screen planting").

(9) 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, in accordance with § 500-31B.

(10) The applicant shall submit documentation showing compliance with Act 16, as amended, and all related regulations, including but not limited to licensure, upon demand of the Zoning Officer.

(11) Failure to comply with the requirements of Act 16, as amended, and all related regulations shall constitute