Borough of Silverdale, PA Article IV Use Regulations

§ 340-15 Applicability of regulations; multiple uses.

[Amended 11-7-2011 by Ord. No. 292]

A. Unless otherwise provided by law or in this chapter, no building or structure shall be constructed, erected or extended and no structure or land shall be used or occupied except for the purposes permitted by this article. On any property, parcel, lot or tract of land, only one principal use shall be permitted. However, multiple uses may be permitted on a property, parcel or tract of land within the R-C Residence-Commercial Zoning District by conditional use, subject to the requirements set forth below, and only those uses permitted within the R-C Zoning District shall be allowed as such multiple uses.

B. Multiple uses on a property, parcel or tract of land may be permitted within the R-C Residence-Commercial Zoning District by conditional use. Any and all proposed multiple uses on any property, parcel or tract of land within the R-C Residence-Commercial Zoning District shall meet the following requirements:

(1) Development within the R-C District shall be designed to protect and preserve the character of the Borough by employing design, scale, materials and architecture that are consistent with the historic character of Silverdale.

(2) Only those uses permitted within the R-C District shall be allowed as multiple uses as set forth in § 340-20, Table of Use Regulations.

(3) Sanitary sewer. The property and proposed use(s) shall be served by public sewer or by a septic system. In the event that the property is served by public sewer, the sewer line shall be installed in accordance with the Sewer Ordinance.[1]

[1] Editor’s Note: See Ch. 260, Sewers and Sewage Disposal.

(4) Each use within the R-C Zoning District shall comply with all Zoning Ordinance provisions governing such use as required by § 340-19, Use regulations.

§ 340-16 Uses by right; special exception and conditional uses.

A. A use listed in § 340-20, Table of Use Regulations, is permitted by right in any district under which it is denoted by the letter "Y," subject to such requirements as may be specified in § 340-20.

B. A use listed in § 340-20, Table of Use Regulations, is not permitted in any district under which it is denoted by the letter "N."

C. A use listed in § 340-20, Table of Use Regulations, may be permitted if the Zoning Hearing Board so determines and issues a special exception as provided in Article XI in any district under which it is denoted by the letters "SE," subject to such requirements as may be specified in § 340-20 and Article XI and such further restrictions as said Board shall establish.

D. A use listed in § 340-20, Table of Use Regulations, or authorized otherwise by this chapter may be permitted if the Borough Council grants conditional use approval as provided in Article X in any district which is denoted by the letter "C," subject to such requirements as may be specified in § 340-19, Article X, and such other applicable ordinance provisions and/or restrictions and conditions as the Council may establish.

§ 340-17 Uses subject to other regulations.

Uses permitted by right, by special exception, or by conditional use shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area, height, provisions for off-street parking and loading, and to such other provisions as are specified in other articles hereof. All subdivisions shall comply with all zoning district regulations within which the property is located, whether or not the applicant intends to build presently or in the future, and within such time frame as provided by the Pennsylvania Municipalities Planning Code.[1]

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

§ 340-18 Life of decision.

Any variances and special exceptions granted by the Zoning Hearing Board or otherwise approved in accordance with the requirements of this chapter shall expire at the end of one year from the date of the decision, unless the applicant or owner has been issued a completed zoning and/or building permit by the Borough in accordance with the grant of approval.

§ 340-19 Use regulations.

A. Residential.

(1) A1  Single-family detached: a single-family detached dwelling on an individual lot with private yards on all sides of the house and with no public or community open space. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, manufactured dwellings, modular dwellings and mobile homes.

(a) Only one single-family detached dwelling shall be placed on a lot, and such detached dwelling shall be occupied by not more than a single family.

(b) Area and dimensional requirements:

				Minimum Yards
District	Minimum Lot Area (square feet)	Minimum Lot Width at Building Setback Line (feet)	Maximum Impervious Coverage (percent)	Front (feet)	Side (each) (feet)	Rear (feet)	Maximum Height (feet)
R-1	15,000	100	30%	35	10	40	35
R-C	15,000	100	30%	35	10	40	35
HD	15,000	100	30%	35	10	40	35

(c) Parking: three off-street parking spaces for dwellings having three bedrooms or fewer; four off-street parking spaces for dwellings having four bedrooms or more.

(2) A2  Residential conversion: the conversion of an existing single-family detached dwelling or nonresidential building into two dwelling units, subject to the following provisions:

(a) The building to be converted shall meet the minimum yard requirements for a single-family detached house for the applicable zoning district.

(b) Detached dwellings which are converted must maintain the appearance of a detached dwelling with a single front entrance. Stairways leading to the second or any higher floor shall be located within the walls of the building wherever practical. Outside stairways and fire escapes shall otherwise be located on the rear wall in preference to either side wall and in no case on a front wall or on a side wall facing a street. After conversion, the building shall retain substantially the same structural appearance it had before such conversion.

(c) The total lot area for the converted dwelling shall not be less than 50% of the minimum lot area required for the erection of a single-family detached dwelling on one lot. Thus, if the conversion involves an expansion of an existing building into the lot area, the lot area remaining after that expansion (minus the area of the existing building as so expanded) shall not be less than 50% of the minimum lot area required for the erection of a single-family detached dwelling on one lot in that zoning district. If the dwelling proposed to be converted is nonconforming in that it does not meet minimum lot area requirements, it can only be converted if, after the conversion, the remaining lot area will be not less than 50% of the minimum lot area required for a single-family detached dwelling unit on one lot.

(d) Certification shall be provided from the servicing authority that adequate water and sewer service is available for the two dwelling units.

(e) Separate cooking, sleeping, living and bathroom facilities shall be provided for each dwelling unit.

(f) Each dwelling unit shall have a minimum of 500 square feet of floor area and an additional 100 square feet of floor area for each bedroom in excess of one.

(g) Trash receptacles shall not be visible from the street or abutting properties, except on scheduled pickup days.

(h) Each converted structure shall have a recreation area of at least 200 square feet per dwelling unit. The recreation area shall not be located in the required front, side or rear setback area.

(i) Off-street parking spaces shall be located to the side or rear of the converted structure.

(j) Off-street parking lots with three or more spaces shall be buffered from abutting residences by a hedge placed on three-foot centers. Alternately, a four- to five-foot-high fence may be erected which provides a visual screen.

(k) Parking: two off-street parking spaces for each dwelling unit having from one to three bedrooms, and three spaces for four-bedroom units. If the converted building is located on a street on which on-street parking is permitted, the parking requirement may be fulfilled by a combination of off-street and on-street parking. Off-street parking is required up to the maximum impervious surface ratio.

(3) A3  Twin dwelling unit: a single-family semidetached unit having only one dwelling unit from ground to roof and only one wall in common with another dwelling unit.

					Minimum Yards
	District	Minimum Lot Area (per dwelling unit) (square feet)	Minimum Lot Width (per dwelling unit) (feet)	Maximum Building Coverage (percent)	Front (feet)	Side (feet)	Rear (feet)	Maximum Height (feet)
	R-1	15,000	60	15%	15	10	35	35
	R-C	10,000	50	20%	15	10	35	35

(4) A4  Performance standard subdivision: a type of cluster development in which the developer may choose to develop a variety of housing types, subject to the regulations below and all other applicable provisions of this chapter. Performance standard subdivisions allow the grouping or clustering of dwelling units, permitting a variety of housing types to encourage better, more-flexible designs. The subdivision as a whole must meet prescribed standards for open space, density and impervious surfaces.

(a) General requirements.

[1] The requirements of § 340-32, Table of Dimensional Requirements, shall be met.

[2] Dwelling unit mix. A mix of dwelling unit types is necessary to promote a balanced community. Therefore, a mix is required, based on the number of dwelling units as set forth in the table.

	Number of Dwellings In Development	Minimum Required Number of Dwelling Unit Types	Maximum Percent of Any Dwelling Unit Type	Minimum Percent of Any Dwelling Unit Type
	1 to 60	1	100%	20%
	61 to 150	2	60%	15%
	151 or more	3	40%	10%

[3] Parking requirements. Units containing three bedrooms or fewer shall provide a minimum of three off-street parking spaces. Units containing four bedrooms or more shall provide a minimum of four off-street parking spaces.

[4] The developer of a performance standard subdivision shall be subject to the maximum impervious surface ratio specified for the district; see § 340-32.

(b) Requirements for housing types.

[1] Single-family detached: a single-family detached dwelling unit on an individual lot with private yards on all sides of the house. Detached dwellings may include units constructed on the lot, prefabricated dwellings, manufactured dwellings, modular dwellings and mobile homes.

[a] Area and dimensional requirements:

[i] Minimum lot area: 15,000 square feet.

[ii] Minimum lot width: 100 feet.

[iii] Minimum yards:

[A] Front: 35 feet.

[B] Side: 10 feet.

[C] Rear: 40 feet.

[iv] Maximum building height: 35 feet.

[2] Detached dwelling, off-center: a single-family detached dwelling unit on an individual lot with private yards on all sides of the house. The building is set close to one side property line with a side yard which may be reduced to five feet, and the other side shall be no less than 15 feet.

[a] The standards noted in Subsection A(4)(b)[1] above for single-family detached dwellings shall be met, except for the side yard.

[b] A minimum building spacing of 20 feet shall be provided between dwelling units.

[3] Village house: a single-family detached dwelling unit on an individual lot with private yards on all sides of the house. It differs from other forms of detached housing in the lot size and placement on the lot. It is similar to houses found in historic villages and towns. The house is placed close to the street and is additionally distinguished by planting or architectural treatments.

[a] Each unit shall meet two or more of the following characteristics:

[i] An enclosed porch, running across at least 3/4 of the house facade, being at least seven feet in width.

[ii] A front yard raised above sidewalk grade by at least 30 inches and a retaining wall of at least 18 inches at the sidewalk line.

[iii] A front yard enclosed by a wall or fence of permanent construction at least 30 inches in height and one flowering shrub per 60 inches across the width of the front of the house.

[iv] A hedge of shrubs planted 18 inches on center for the width of the yard facing the street and two flowering trees.

[v] Two canopy trees per lot or three flowering trees per lot.

[vi] One canopy tree, one flowering tree, and one flowering shrub per 90 inches of width of yard facing the street.

[b] Dimensional requirements:

[i] Minimum lot area: 6,000 square feet.

[ii] Minimum setbacks:

[A] House:

		Front: 15 feet.
		Rear: 30 feet.
		Side: five feet.

[B] Garage:

		Front: 25 feet.
		Rear: 30 feet.
		Side: five feet.

[iii] Minimum lot width at setback: 50 feet.

[iv] Maximum building height: 35 feet.

[c] Landscaping requirements:

[i] Canopy tree: two-inch caliper.

[ii] Flowering tree: two-inch caliper.

[iii] Flowering shrub: three feet high.

[iv] Hedge shrubs: three feet high.

[4] Twin: a single-family semidetached unit having only one dwelling from ground to roof and only one wall in common with another dwelling unit.

[a] Area and dimensional requirements:

[i] Minimum lot area (per dwelling unit): 4,500 square feet.

[ii] Minimum lot width at setback line: 40 feet.

[iii] Minimum yards:

[A] Front: 25 feet.

[B] Side: 10 feet.

[C] Rear: 25 feet.

[iv] Maximum building height: 35 feet.

[5] Duplex: a single-family semidetached dwelling unit with one dwelling unit located above another dwelling unit. The dwelling units share a common lot area, which is the sum of the required lot areas of the two dwelling units in the building. There shall be no more than two dwelling units per structure, and each unit shall have individual outside access.

[a] Area and dimensional requirements:

[i] Minimum lot area per building: 6,000 square feet.

[ii] Minimum lot width at setback line: 60 feet.

[iii] Minimum yards:

[A] Front: 30 feet.

[B] Side: 15 feet.

[C] Rear: 20 feet.

[iv] Maximum building height: 35 feet.

[6] Patio house: a detached or semidetached unit with one dwelling unit from ground to roof, having individual outside access. Except for the street setback, the lot shall be fully enclosed by a wall four to six feet in height. All living spaces, i.e., living rooms, dens, and bedrooms, shall open onto a private open area or patio.

[a] Area and dimensional requirements:

[i] Minimum lot area: 4,000 square feet.

[ii] Minimum lot width at setback line: 40 feet.

[iii] Minimum setback at street line: five feet.

[iv] Maximum building height: 25 feet.

[v] Minimum patio area (ratio to lot area): 65%.

[vi] Minimum patio dimension: 20 feet.

[7] Multiplex: an attached dwelling unit which may be arranged in a variety of configurations: side-by-side or back-to-back. The dwelling units share a common lot area, which is the sum of the required lot areas of all dwelling units within the building. The essential feature is the small number of units attached. No more than six units shall be attached in any structure, and structures shall average four units each. Each unit shall have individual outside access.

[a] Area and dimensional requirements:

[i] Minimum lot area per building: 8,000 square feet.

[ii] Minimum lot area per dwelling unit: 2,500 square feet.

[iii] Minimum lot width at setback line: 80 feet.

[iv] Minimum building setback:

[A] Cartway: 30 feet.

[B] Parking area: 20 feet.

[C] Pedestrian walk: five feet.

[v] Minimum rear yard: 20 feet.

[vi] Minimum building spacing: 24 feet.

[vii] Maximum building height: 35 feet.

[8] Townhouse: a single-family attached dwelling unit with one dwelling from ground to roof, having individual outside access. A row of attached townhouses shall not exceed eight units.

[a] Area and dimensional requirements:

[i] Minimum lot area: 2,000 square feet.

[ii] Minimum lot width: 24 feet.

[iii] Minimum building setback:

[A] Street: 20 feet.

[B] Parking area: 20 feet.

[C] Pedestrian walk: 15 feet.

[iv] Minimum building spacing: 30 feet.

[v] Minimum rear yard: 20 feet.

[vi] Maximum building height: 35 feet.

[9] Apartments: a grouping of dwelling units sharing common elements, which may include common outside access. The dwelling units share a common lot area, which is the sum of the required lot areas of all dwelling units within the building. Apartments shall contain three or more dwellings in a single structure.

[a] Area and dimensional requirements:

[i] Minimum lot area per building: one acre.

[ii] Minimum lot area per dwelling unit: 2,000 square feet.

[iii] Minimum street frontage: 100 feet.

[iv] Minimum building setback:

[A] Street: 50 feet.

[B] Parking area: 30 feet.

[C] Pedestrian walk: five feet.

[v] Minimum building spacing: 50 feet.

[vi] Average number of units per building: 16.

[vii] Maximum building height: 35 feet.

(5) A5  Mobile home park: a parcel or contiguous parcels of land which have been so designated and improved that they contain two or more mobile home lots for the placement thereon of mobile homes. "Mobile home lot" is defined in Article II of this chapter. Mobile home lots need not be separately owned or subdivided.

(a) Dimensional requirements:

[1] Minimum lot area: 5,320 square feet.

[2] Minimum lot width at building setback: 56 feet.

[3] Maximum building coverage: 35%.

[4] Minimum yards:

[a] Front: 20 feet.

[b] Side: five feet.

[c] Rear: 10 feet.

[5] Minimum distance between units: 10 feet.

(b) Performance standards:

[1] Minimum site area: five acres.

[2] Maximum density: five units per acre.

[3] Minimum open space: 30%.

[4] Maximum impervious surface: 50%.

[5] Parking: two spaces per unit, plus one visitor space for every 10 units.

(c) Each mobile home shall be placed on a concrete pad with at least one tie-down at each of the four corners.

(d) The area between the ground and the perimeter of the mobile home shall be enclosed by means of a masonry wall.

(e) Every mobile home shall have access to an improved street.

(f) No space shall be rented for residential use of a mobile home in any such park except for periods of 30 days or more.

(g) Sewer and water services shall be provided in accordance with the Borough's regulations.

(h) One canopy tree per lot shall be required. The trees shall be at least two inches' caliper.

(i) Completely detached accessory buildings may occupy the required side or rear yards but shall not be located closer than five feet from any property line adjacent to a street or to the outside perimeter boundary of the tract.

(j) Decks, patios, and room enclosures are allowed to extend a maximum of four feet beyond the building envelope (defined as the area of a lot which does not include any required yard areas) for no more than 25 feet in length. This extension shall be allowed on only one side of each dwelling unit. If a dwelling unit has an attached garage, this extension shall be allowed only on the side of the dwelling with the attached garage.

B. Accessory residential.

(1) B1  Accessory home occupation: a customary home occupation for gain. An accessory home occupation is a use that shall be clearly subordinate to the existing residential use of the property. Such use shall meet the general standards and the specific standards related to the use as set forth below.

(a) General standards. The following shall apply to all home occupations, unless otherwise stated:

[Amended 12-6-2004 by Ord. No. 273]

[1] A home occupation must be conducted within a single-family detached dwelling which is the bona fide residence of the principal practitioner, or in an accessory building thereto, which is normally associated with a residential use. The home occupation shall be carried out wholly indoors.

[2] The maximum amount of floor area devoted to a home occupation shall not be more than 25% of the ground floor area of the principal residential structure (excluding the ground area covered by an attached garage or such other similar building) or 600 square feet, whichever is less.

[3] In no way shall the appearance of the residential structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ form its residential character by the use of colors, materials, construction, lighting, show windows, signs or advertising visible outside the premises to attract customers or clients, other than a sign as permitted in Article VIII.

[4] All commercial vehicles associated with a home occupation shall be parked on-lot. Only one commercial vehicle may be parked outside of a garage or an enclosed structure.

[5] Off-street parking spaces are not permitted in the front yard. A nine-foot-wide driveway providing access to parking areas in the side or rear of the property may be located in the front yard. All off-street parking areas must be located at least 10 feet from any property line. Off-street parking lots with three or more spaces shall be buffered from abutting residences by an evergreen hedge with the plants placed on three-foot centers. Alternately, a four- to five-foot-high fence may be erected to provide a visual screen.

[6] There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.

[7] No equipment or processing shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust or electrical interference detectable to the normal senses off the lot. No equipment or process shall be used which creates visible or audible interferences in any radio or television receivers off the premises.

[8] Frequent and repetitive servicing by commercial vehicles for supplies and materials shall not be permitted.

[9] Home occupations shall not include the following: animal hospitals, commercial stables and kennels, funeral parlors, tourist homes, restaurants, furniture stripping, and rooming, boarding-, or lodging houses or uses similar to these.

[10] A zoning permit shall be required for all accessory home occupations.

(b) In addition to the general standards set forth in Subsection B(1)(a) of this section, the regulations regarding specific accessory home-based businesses as set forth in this section are as follows. The following specific accessory home occupations (Subsection B(1)(b)[1] through [8]) are permitted, provided that all related conditions are satisfied:

[Amended 12-6-2004 by Ord. No. 273]

[1] No-impact home-based business. A home-based business is a no-impact business activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling. This limited no-impact use involves no customer, client or patient traffic of any nature whatsoever, whether vehicular or pedestrian. In addition, there shall be no pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use.

[a] The no-impact business activity shall be compatible with the residential use of the property and surrounding residential uses.

[b] The no-impact home-based business shall employ no one other than family members residing in the dwelling.

[c] There shall be no display or sale of retail goods and no stockpiling or inventory.

[d] There shall be no external, outside appearance of a business use from the residence, including but not limited to parking, signs or lights.

[e] The no-impact business activity inside the residence shall have no impact externally and may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood.

[f] The no-impact business activity may not generate any solid waste or sewage discharge, in volume or type in excess of the typical residential use in the neighborhood.

[g] The no-impact accessory home-based use shall be conducted only within the dwelling and may not occupy more than 15% of the habitable floor area.

[h] The business may not involve any illegal activity.

[i] The limited no-impact home-based business use shall not supersede any deed restriction, covenant, or agreement restricting the use nor any master deed, bylaw or other document applicable to a common-ownership community.

[j] No signage of any nature whatsoever shall be permitted at the premises. This provision shall supersede Article VIII, Signs, of this chapter.

[2] Personal services: a service business limited to barbers, beauticians or photographers.

[a] Beauty parlors and barbershops may be permitted, provided that no more than one beauty parlor or barber chair is provided.

[b] No person other than resident members of the immediate family may be employed.

[c] In addition to the off-street parking spaces required in this chapter for the particular residence, personal services shall provide one off-street parking space for each employee, plus one additional space for each 200 square feet of service space.

[3] Instructional services. An instructional service is a home occupation in which the practitioner provides the client with special instruction in the study of art, music, vocal, instrumental or academic tutorial.

[a] No more than two students at a time shall be permitted.

[b] No persons shall be employed other than resident members of the immediate family.

[c] In addition to the off-street parking spaces required in this chapter for the particular residence, an instructional service shall provide one off-street parking space per two students receiving instruction at one time.

[4] Home crafts. Home crafts are small part-time or full-time activities in which the craft for sale is completely manufactured and may be sold on the site or off-site by the resident craftsperson. Home crafts are limited to the following: artists, sculptors, dressmakers, seamstresses and tailors, and include such activities as doll making, model making, weaving, jewelry, engraving and woodworking, and other similar craft activities.

[a] No person other than resident members of the immediate family may be employed.

[b] In addition to the off-street parking spaces required in this chapter for the particular residence, a home craft shall provide one off-street space per 300 square feet of total floor area used for the home craft.

[5] Family day care. A family day-care facility provides care for up to four children, or up to four disabled and/or elderly persons at one time, who are not relatives of the caregiver.

[a] Prior to issuing a permit, the applicant must obtain a registration certificate from the Pennsylvania Department of Public Welfare, Department of Aging, Labor and Industry, and other agencies having regulatory oversight.

[b] A care facility shall be provided in a room or rooms designed for the safety and well-being of the occupants.

[c] A minimum outdoor recreation area of 200 square feet of contiguous area shall be provided for each child or adult. This area shall not include any impervious surface or parking area.

[d] The outdoor play or recreation area must be enclosed by a four-foot-high fence or other similar fencing which is deemed appropriate by the Borough. The outdoor recreation area should be located to the side or rear of the property.

[e] No more than one person other than resident members of the immediate family may be employed.

[f] In addition to the off-street parking required for a single-family home, at least one additional off-street parking space is required for each employee, and one space for the loading and unloading of children or disabled and/or elderly persons.

[6] Group child day-care center. A group child day-care center is a facility in which care is provided for more than six but not more than 11 children at any one time, who are not relatives of the caregiver.

[a] All applicable standards for a family day-care center shall be met.

[b] Prior to the granting of a permit, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter H, Section 8C, of the Department of Public Welfare's Social Services Manual by this Department to the applicant subject to licensure under Article X of the Public Welfare Code.

[c] Minimum lot area: one acre.

[d] In addition to the off-street parking required for a single-family home, at least one additional off-street parking space is required for each employee, and one space for loading and unloading children.

[7] Trade home office: the use of a residence as a home office only for a small trade or business, that includes but is not limited to electrician, plumber, carpenter, mason, painter, roofer, and similar occupations, provided that no person shall be employed other than resident members of the immediate family.

[a] The area of the office shall not exceed 25% of the ground floor area of the principal residential structure, excluding the ground area covered by an attached garage or other similar building, or 600 square feet, whichever is less.

[b] No manufacturing or processing shall be conducted on the property. No construction materials, equipment, supplies or inventory shall be stored on the premises. Other than a pickup truck or SUV-type vehicle related to the business, no commercial trucks, vehicles or trailers shall be parked and/or stored at the premises.

[c] In addition to the off-street parking spaces required in this chapter for the residential use, a trades business shall provide one off-street space for each employee, and one off-street parking space for each permitted business vehicle.

[d] One sign not exceeding four square feet may be permitted.

[8] Repair services: a repair shop for small appliances, lawn mowers, watches, guns, bicycles, locks, small business machines and other household products, but not including automobiles, trucks and motorcycle repairs.

[a] No additional persons other than resident members of the immediate family may be employed.

[b] In addition to the off-street parking spaces required in this chapter for the residential use, this accessory use shall provide one off-street space per 200 square feet of total floor area used for the repair service.

[c] One sign not exceeding four square feet may be permitted.

(2) B2  Residential accessory building, structure or use: a residential accessory building, structure or use, including but not limited to:

(a) Garages or parking spaces for the parking of passenger automobiles, including noncommercial trucks and vans with loading capacities not exceeding 3/4 ton.

(b) Garages, enclosed structures or parking for commercial vehicles.

[1] No more than one commercial vehicle shall be parked on a residential property, except as specified for a particular home occupation.

(c) Structures such as fences, walls or signs.

(d) Buildings such as storage sheds, bathhouses and cabanas.

(e) Children's playhouses, including children's elevated playhouses or treehouses (maximum size: 100 square feet).

(f) Shelter for pets of the occupants of the dwelling.

(g) Home gardening or noncommercial greenhouse, or both.

(h) The above buildings in Subsection B(2)(d), (f) and (g) shall be set a minimum of six feet from a side or rear property line but no closer to the front yard than the building line. Such buildings, except for those in Subsection B(2)(a) and (b), shall be no larger than 16 feet in length and 10 feet in width or 160 square feet in total area, whichever is less.

(i) Parking for recreational or other vehicles (a vehicle or piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure-time or recreational use). Recreational vehicles or units include but are not limited to the following: travel trailers, truck-mounted campers, motor homes, folding tent campers, automobiles, buses or trucks adapted for vacation use, snowmobiles, minibikes, all-terrain vehicles, go-carts, boats, boat trailers, and utility trailers. Recreational vehicles or units shall be stored either to the rear or side of the dwelling or in a garage or in a roofed structure.

(3) (Reserved)[1]

[1] Editor's Note: Former Subsection B(3), regarding accessory apartments in residential zoning districts, was repealed 11-3-2014 by Ord. No. 309.

(4) B4  Noncommercial swimming pool. A noncommercial swimming pool shall be permitted as an accessory use to a single-family detached residential dwelling. A noncommercial swimming pool shall be defined, for purposes of this chapter, as a body of water in an artificial or semi-artificial receptacle or other container, whether constructed or placed above or below the ground, used or intended to be used for private swimming by adults or children, or both adults and children, residing in the house. This definition includes but is not limited to in-ground pools, aboveground/in-ground pools, and aboveground and in-ground spas. A noncommercial swimming pool accessory use shall satisfy the following conditions:

(a) Every pool shall be enclosed by a barrier not less than four feet and not more than six feet in height. No barrier is required where the top of the pool structure is at least four feet above the finished grade and the access is removed or folded and locked to prevent entry when not in use. Where the top of the pool structure is less than four feet above the finished grade, the pool shall be enclosed as specified herein.

(b) All gates or doors opening through the barrier shall open away from the pool and shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the release mechanism shall be placed on the pool side of the gate at least three inches below the top of the gate. When the pool is not being used, such gate or door shall be locked.

(c) The pool shall confirm to the applicable setbacks and side and rear dimensional criteria of the district in which it is located. No pool shall be permitted to be located within the front yard.

(d) Openings in any barrier shall not allow passage of a four-inch-diameter sphere. Where the barrier is composed of diagonal members, such as lattice fence, the maximum opening formed by the diagonal members shall be no more than 1 3/4 inches in width.

(e) In no case shall the water in the pool or pool area be permitted to emit an offensive odor or create any unhealthy condition.

(f) Drainage of the pool shall not interfere with or impact the water supply system, existing sewage facilities, or public streets. Further, the pool shall not drain onto neighboring property.

(g) In addition to the aforementioned conditions, all pools, fences, barriers, and related improvements shall conform to all building codes as may be in effect in the Borough and as may be amended from time to time. Where the provisions for this chapter conflict with the applicable building code, the more-stringent regulations shall apply.

(h) The pool shall be lighted by underwater or exterior lights, or both, provided that all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to neighboring properties. Underwater lighting shall be in compliance with the applicable National Electrical Code.

C. Institutional.

(1) C1  Place of worship: any structure or structures used for worship or religious instruction, including social and administrative rooms accessory thereto. Use C10, Cemetery, is permitted as an accessory use to this principal use.

(a) Dimensional requirements:

[1] Minimum lot size: one acre.

[2] Minimum lot width: 100 feet.

[3] Minimum front yard: 50 feet.

[4] Minimum side yard: 25 feet.

[5] Minimum rear yard: 75 feet.

(b) Parking: one off-street parking space for each two seats provided, or at least one off-street parking space for each 40 square feet of gross floor area used or intended to be used for service to patrons, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee.

(2) C2  Library or museum: a library or museum open to the public or connected with a permitted educational use and not conducted as a private, gainful business.

(a) Parking: one off-street parking space per five seats or one off-street parking space per 250 square feet of gross floor area where no seats are provided, plus one space per employee.

(3) C3  Private club: a private club or lodge established for the fraternal, social, educational, civic, or cultural enrichment of its members, whose members meet certain prescribed qualifications for membership and pay dues.

(a) The use shall not be conducted as a private gainful business.

(b) The use shall be for members and their authorized guests only.

(c) No outdoor active recreation area shall be located closer to any lot line than the required front yard depth for the district in which it is located.

(d) Outdoor recreation areas shall be sufficiently screened so as to protect the neighborhood from inappropriate noise and other disturbances.

(e) Parking: one off-street parking space for every three persons present at such a facility when filled to capacity, or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to members and guests, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.

(4) C4  School: religious, sectarian and nonsectarian, denominational private school or public school which is not conducted as a private gainful business.

(a) Dimensional requirements:

[1] Minimum lot area: three acres.

[2] Minimum lot width: 300 feet.

[3] Minimum front yard: 75 feet.

[4] Minimum side yard: 100 feet.

[5] Minimum rear yard: 100 feet.

[6] Maximum height: 50 feet.

[7] Minimum open space: 50%.

[8] Maximum impervious surface: 25%.

(b) Outdoor play areas and fields shall be at least 100 feet from side and rear property lines. Outdoor play areas and fields shall be screened with plant material to protect the neighborhood from activities.

(c) Completely detached buildings on the same lot shall have a minimum separation of at least 20 feet.

(d) The buffer yard requirements of § 340-36 of this chapter shall be met.

(e) Parking:

[1] Nursery school or kindergarten: one off-street parking space for each faculty member and employee, plus two additional spaces per classroom.

[2] Elementary school: one off-street parking space for each faculty member and employee, plus one space per two classrooms and offices.

[3] Junior high/middle school: one off-street parking space per each faculty member and employee, plus one space per two classrooms and offices.

[4] Senior high school: one off-street parking space per each faculty member and employee, plus one space per 10 students of the projected building capacity.

(f) Parking areas shall be adequately screened in compliance with § 340-36 when located within 75 feet of land zoned for or in residential use.

(5) C5  Commercial school: trade or professional school, music or dancing school, or other schools not included in Use C4, School.

(a) A commercial school shall be conducted as a gainful business.

(b) Dimensional requirements:

[1] Minimum lot area: one acre.

[2] Minimum lot width: 120 feet.

[3] Minimum front yard: 50 feet.

[4] Minimum side yard: 25 feet.

[5] Minimum rear yard: 50 feet.

(c) Parking areas shall be located to the side and rear of the building. The parking areas shall be screened in compliance with § 340-36.

(d) Parking: one off-street parking space per faculty member and employee, plus one space for every two students at total enrollment.

(6) C6  Community center: a community center, adult education or social center, or other similar facility operated by an educational, civic, philanthropic or religious institution.

(a) A community center shall not be conducted as a private gainful business.

(b) Dining services may be part of the regular activities of the facility.

(c) The service of alcoholic beverages shall not be part of the regular activities of the facility.

(d) No outdoor active recreation area shall be located closer to any lot line than the required front yard for the district.

(e) Outdoor recreation areas shall be sufficiently screened so as to protect the neighborhood.

(f) 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, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.

(7) C7  Day-care center. A facility in which out-of-home care is provided on a daily basis for seven or more children, disabled persons and/or the elderly.

(a) In residential districts, a day-care center shall be conducted in a building designed to look like a single-family detached residence.

(b) An outdoor recreation area shall be provided with a minimum area of two hundred square feet for each child or 100 square feet for each disabled or elderly person. This outdoor play area shall be located to the side or the rear of the building and shall not include any parking or driveway area. The outdoor play area shall be fully enclosed by a four-foot-high fence and shall be sufficiently screened so as to protect the neighborhood.

(c) The maximum number of children shall be 10 children per acre.

(d) Sufficient facilities for passenger loading and unloading shall be provided.

(e) This use may be permitted as an accessory use to a permitted nonresidential use.

(f) The applicant must have received the applicable permit or permits from the Department of Public Welfare prior to the issuance of a use and occupancy permit.

(g) Parking: at least one off-street parking space for each teacher, administrator, and employee, plus two additional spaces per classroom. Parking areas shall be adequately screened as specified in § 340-36.

(8) C8  Recreational facility: a recreational facility or park owned and operated by the Borough or other governmental agency.

(a) No outdoor active recreation area shall be located closer to any lot line than the required front yard depth for the district.

(b) Outdoor recreation areas shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbances.

(c) Parking: one off-street parking space for each five persons of total capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used by visitors, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.

(9) C9  Nursing home: a nursing facility or convalescent home licensed by the Pennsylvania Department of Health which is set up to provide long-term health care to individuals who, by reason of advanced age, chronic illness or disabilities, are unable to care for themselves.

(a) Minimum lot area: one acre.

(b) No more than 80 resident patients shall be accommodated at any one time.

(c) Each nursing facility must provide an outdoor sitting area, which must be landscaped. The sitting area must be properly situated in terms of the microclimate (no extreme southerly exposure) and shall not be located on land subject to flooding or on slopes over a grade of 5%.

(d) Parking: one off-street parking space per two patient beds, plus one off-street parking space for each staff and visiting doctor, plus one parking space for each employee (including nurses) on the two major shifts.

(10) C10  Cemetery: a burial place or graveyard, including mausoleum, crematory, columbarium, or chapel.

(a) Minimum lot area: five acres; minimum yard and setbacks: 75 feet.

(b) Lot coverage for accessory buildings and parking facilities: A maximum of 10% of the lot area may be devoted to aboveground buildings or impervious surfaces not serving as burial markers or memorials.

(c) No burial plots, structures or parking areas shall be located within the one-hundred-year floodplain.

(d) No outdoor storage shall be permitted.

(e) All structures open to the public shall be supplied with water and sewer. All utilities shall be placed underground.

(f) Parking: one off-street parking space for each employee, and one off-street space for each four visitors in total capacity of the chapel. Parking areas must be screened with plant material when situated within 50 feet of a property line.

(11) C11  Municipal services: all municipal buildings, structures and uses, including but not limited to governmental offices, garages for the storage of tools, equipment and vehicles, municipally sponsored police and emergency services, and the use of land for the stockpiling of materials used by the Borough in its municipal functions.

(a) Parking: one off-street parking space for every four seats in meeting areas or one off-street parking space for each 200 square feet of gross floor area, whichever requires the greater number of off-street parking spaces, plus one off-street parking space for every employee.

D. Office.

(1) D1  Medical office: an office or clinic for medical or dental examination or treatment of persons as outpatients, including laboratories incidental thereto.

(a) Parking: four off-street parking spaces per doctor, plus one additional space for each additional employee. Parking areas must be adequately screened as specified in § 340-36.

(2) D2  Office: a professional, business or government office, other than a municipal office or a medical office.

(a) Parking: one off-street parking space for each 250 square feet of gross floor area. Parking areas must be adequately screened as specified in § 340-36.

E. Commercial and services.

(1) E1  Retail shop: a shop or store, with a gross floor area of 10,000 square feet or less, selling apparel, books, confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts, hardware, toys, household appliances, jewelry, notions, periodicals, shoes, stationery, tobacco, paint, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor coverings, garden supplies, plants, fabrics and automotive accessories. Also included within this use shall be the sale of soft drinks, beer and other alcoholic beverages in sealed containers not for consumption on the premises.

(a) All products on the premises shall be sold at retail.

(b) Parking: one off-street parking space for every 150 square feet of gross floor area, plus one space for every employee.

(2) E2  Repair shop: a repair shop for items, including but not limited to appliances, lawn mowers, watches, guns, bicycles, locks, and small business machines, but not including automobiles, motorcycles, trucks, trailers and other heavy equipment.

(a) The minimum lot area for lawn mower repair shall be one acre.

(b) Parking: one off-street parking space for each 300 square feet of total floor area, plus one additional space for each employee.

(3) E3  Service business. Service business includes barber, beautician, laundry and dry-cleaning, shoe repair, tailor, photographer, travel agency, and photocopier center.

(a) Parking: one off-street parking space for each 100 square feet of total floor area used or intended to be used for servicing customers, plus one additional space for every two employees.

(4) E4  Financial establishment: banks, savings and loan associations, credit unions and other financial establishments.

(a) For each drive-in teller window, a stacking lane shall be provided to serve a minimum of eight vehicles. The stacking lane shall not be used for parking lot circulation aisles, nor shall it in any way conflict with through circulation or parking.

(b) Parking: one off-street parking space for every 150 square feet of gross floor area, plus one space for every employee.

(5) E5  Eating place: a place for the sale and consumption of food and beverages without drive-in service. All food and beverages are to be served by waiters and waitresses and consumed inside the building or outside on a terrace or porch while the patrons are seated at counters and tables. The sale of alcoholic beverages must be incidental to the sale and consumption of food.

(a) Parking: one off-street parking space for every 50 square feet of gross floor area or one off-street parking space for every three seats, whichever requires the greater number of spaces, plus one space for every employee on the largest shift.

(6) E6  Drive-ins and other eating places: an eating place which utilizes an inside window, service area or cafeteria line where customers place their orders and food is served for consumption at seating areas within or outside the building and for customer take-out service. This type of eating place may also have a drive-through service.

(a) Where a drive-in window is proposed, a stacking lane shall be provided to serve a minimum of 12 cars. The stacking lane shall not be used for parking lot circulation aisles, nor shall it in any way conflict with through circulation or parking.

(b) Buffer plantings and screening, in accordance with § 340-36, shall be provided to prevent headlights from shining on adjacent properties.

(c) Trash receptacles shall be provided outside the restaurant for patron use.

(d) Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located to the rear of the structure and shall be screened from view and shall be landscaped.

(e) Parking: one off-street parking space for every 50 square feet of gross floor area or one off-street parking space for every two seats, whichever requires the greater number of spaces, plus one space for each employee on the largest shift.

(7) E7  Automotive accessories: sale of automotive accessories, parts, tires, batteries, and other supplies.

(a) Installation and storage of parts shall be in an enclosed structure.

(b) Parking: one off-street parking space for each 100 square feet of total floor area, plus one additional space for each employee.

(8) E8  Service station: an establishment for the sale of vehicular fuels and the sale and installation of lubricants, tires, batteries, and similar automotive accessories.

(a) A minimum lot width of 100 feet shall be provided along each street on which the lot abuts.

(b) Access driveways shall be at least 80 feet from the intersection of any street, measured from the intersection of the street lines.

(c) All activities shall be performed within a completely enclosed building, except those to be performed at the fuel pumps.

(d) Fuel pumps shall be at least 25 feet from any street line.

(e) All automobile parts and similar articles shall be stored within a building.

(f) Lubrication, oil changes, tire changes and minor repairs shall be performed within a building.

(g) Vehicles awaiting repairs shall not be stored outdoors for more than seven days.

(h) The sale of convenience-type products shall be permitted as an accessory, use subject to the following:

[1] It shall be in lieu of the sale and installation of lubricants, tires, batteries and similar automotive accessories.

[2] The sale of convenience-type products shall be limited to a maximum floor area of 2,000 square feet.

(i) Paint spraying and body and fender work shall not be permitted.

(j) The sale or rental of automobiles, trucks, trailers, or other vehicles shall not be permitted.

(k) All fuel tanks shall comply with Environmental Protection Agency (EPA) and the Pennsylvania Department of Environmental Protection regulations for such tanks and applicable Borough ordinances.

(l) Parking: one off-street parking space for every 300 square feet of gross floor area or four off-street parking spaces for each service bay, whichever requires the greater number of spaces, plus one space for each employee. Off-street parking spaces are not to be part of nor interfere with the accessways to the pumps.

(9) E9  Indoor entertainment: an entertainment or recreational facility operated as a gainful business and taking place within a building, including a bowling alley, skating rink, billiard hall, movie theater, or other similar use.

(a) Parking requirements:

[1] Movie theater and theater: one off-street parking space for every three seats provided for patron use, plus one off-street parking space for each employee.

[2] Bowling alley: five off-street parking spaces for every bowling lane, plus one off-street parking space for each employee.

[3] Other uses: one off-street parking space for every 120 square feet of gross floor area or one off-street parking space for every three seats, whichever is greater, plus one off-street parking space for each employee.

(10) E10  Tavern: an establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. The sale of food shall be incidental to the primary use.

(a) Parking: one off-street parking space for each 50 square feet of gross floor area or one off-street parking space for every two seats intended for use by patrons, whichever requires the greater number of spaces, plus one off-street parking space for each employee on the largest shift.

(11) E11  Funeral home or mortuary: an establishment for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

(a) Parking: one off-street parking space for each four seats provided for patron use or one off-street parking space for every 50 square feet of gross floor area used or intended to be used in the operation of the establishment, whichever requires the greater number of off-street parking spaces, plus one space for each employee.

(12) E12  Dwelling in combination: a dwelling or dwellings within the same building as an existing or permitted office or commercial use.

(a) The maximum density shall be 1.5 dwelling units per acre.

(b) The total floor area of the dwelling units shall not exceed that of the commercial or office use.

(c) Each dwelling unit shall be completely self-contained, i.e., each unit shall have separate cooking and sanitary facilities.

(d) Parking: two off-street parking spaces for dwellings having three bedrooms or fewer; three off-street parking spaces for dwellings having four bedrooms or more. This parking is in addition to the parking required for the commercial or office use.

(13) E13  Contractor's office. The office of a contractor (building, cement, electrical, heating, masonry, painting, roofing and similar trades) shall be the primary use of the property. Storage may be conducted as an accessory use. The area devoted to storage shall be a maximum of 50% of the maximum building coverage that is allowed in the zoning district.

(a) All materials, vehicles, and equipment shall be stored within a completely enclosed building.

(b) Parking: one off-street parking space for each employee on the largest shift or one space for each 250 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.

(14) E14  Automotive repair: automobile repair garage, including paint spraying and body and fender work, provided that all repair and paint work is performed within an enclosed building.

(a) All automobile parts, refuse, and similar articles shall be stored within a building or enclosed area.

(b) Vehicles awaiting repairs and junk vehicles may not be stored outdoors more than seven days.

(c) Parking: one off-street parking space for each 100 square feet of total floor area, pus one additional space for each employee.

(15) E15  Farm and garden equipment sales: the retail and/or wholesale sale of farm and garden equipment and machinery, including the repair and servicing of such equipment.

(a) All activities shall be performed within a completely enclosed building, except those to be performed at fuel pumps.

(b) All parts and similar articles shall be stored within a building.

(c) Lubrication, oil changes, tire changes and minor repairs shall be performed within a building.

(d) Vehicles and equipment awaiting repairs shall not be stored outdoors for more than seven days.

(e) Paint spraying and body work shall not be permitted.

(f) All fuel tanks shall comply with the Environmental Protection Agency (EPA) and Pennsylvania Department of Environmental Protection regulations for such tanks and applicable Borough regulations.

(g) Parking: one off-street parking space for each 100 square feet of total floor area, plus one additional space for each employee.

(16) E16  Car wash: a facility for washing automobiles, vans and small trucks.

(a) A car wash shall include a water-recycling facility.

(b) Car washes shall be designed with a stacking area to accommodate a minimum of 12 cars. The stacking area shall not in any way conflict with through circulation or parking.

(c) Parking: one off-street parking space for each employee.

(17) E17  Multiple commercial use: a group of commercial establishments which is planned and designed as a complex of related structures, circulation patterns and parking, subject to the following:

(a) The minimum lot area shall be one acre.

(b) The following setbacks shall be provided:

[1] Front yard: 30 feet.

[2] Side yard: 15 feet.

[3] Rear yard: 25 feet.

(c) Not more than 25% of the total lot area shall be occupied by buildings.

(d) Permitted uses: office, medical office, retail shop, service business, financial establishment, eating place, repair shop and indoor entertainment.

(e) Any use of the same general character as any of the above-permitted uses shall be permitted when authorized as a special exception by the Zoning Hearing Board, subject to such reasonable conditions as the Zoning Hearing Board may determine.

(f) The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural unit with appropriate landscaping and coordinated access.

(g) Outdoor storage and display shall conform to the provisions of this chapter.

(h) The distance at the closest point between any two buildings or groups of units of attached buildings shall be at least 10 feet.

(i) Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from any direct glare or hazardous interference of any kind.

(j) Parking: five off-street parking spaces shall be provided and maintained for each 1,000 square feet, or portion thereof, of gross leasable area. Gross leasable area is the total floor area designed for tenant occupancy and use, including basements, mezzanines, storage areas, and upper floors, if any, expressed in square feet and measured from the center line of common partitions and from outside wall faces.

(18) E18  Outside storage and display: the outdoor storage or display, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use..

(a) No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yard shall be occupied by outside storage or display.

(b) Outside storage and display areas shall occupy an area less than 1/2 of the existing building coverage.

(c) Outside storage areas shall be shielded from view from all public streets and adjacent properties.

(19) E19  Junkyard. A junkyard is an area of land, with or without buildings, used for the storage, outside of a completely enclosed building, of used or discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof. The dismantling, processing, salvage, sale or other use or disposition of the same may or may not be involved. The deposit or storage of two or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation, excluding farm vehicles, or of two or more wrecked or broken vehicles, or the major parts of two or more such vehicles, shall only be stored in a lawful junkyard.

(a) No material shall be placed in a junkyard in such a manner that it is capable of being transferred out of the junkyard by wind, water or other natural causes.

(b) The boundaries of any junkyard shall at all times be clearly delineated.

(c) All paper, rags, cloth and other fibers, and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.

(d) The land area used for a junkyard shall not be exposed to public view from any public street or road by virtue of its location on a hillside or location on a plateau below street level.

(e) A junkyard shall be entirely enclosed by a solid fence or wall, at least eight feet but not more than 10 feet high, constructed of plank boards, brick, concrete block or concrete, with access only through gates. The fence or wall shall be situated no closer to any street or property line than 50 feet. Such fence or wall shall be kept in good repair and neatly painted in a uniform color.

(f) The contents of such a junkyard shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.

(g) Between the fence or wall and the street or property line, buffer plantings shall be placed that are either:

[1] One deciduous tree (one-and-one-half-inch caliper minimum) at an average of one tree per 40 lineal feet of buffer, plus one evergreen tree (three-foot minimum height) at an average of one tree per 20 lineal feet of buffer, or

[2] One deciduous tree (one-and-one-half-inch caliper minimum) at an average of one tree per 40 lineal feet of buffer, plus one deciduous shrub (three-foot minimum height) per four lineal feet of buffer. Shrubs shall be privet, forsythia or viburnum species.

(h) All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects, or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising the materials above the ground, separation of types of material, preventing the collection of stagnant water, extermination procedures, or other means.

(i) No explosive, toxic, or highly flammable materials shall be kept on the property.

(j) No burning shall be carried on in any junkyard. Fire shall be prevented and hazards avoided by organization and segregation of combustibles from other materials and enclosure of combustibles where necessary (gas tanks shall be drained), by the provision of adequate aisles of at least 15 feet for escape and fire-fighting, and by other necessary measures.

(k) All vehicles must be drained of all liquids before they are placed in the junkyard. An impervious base, free of cracks and sufficiently large for draining liquids from all vehicles, shall be provided. The base should be sloped to drain to a sump or holding tank, and the liquid shall be removed from the site as often as is necessary to prevent overflow of the system. Curbing around the pad must be able to retain runoff from a one-hundred-year, twenty-four-hour storm. All hazardous liquids shall be properly disposed of according to the rules and regulations of the Department of Environmental Protection.

(l) Parking: one off-street parking space for each employee in the largest shift, plus three spaces for customer parking.

(20) E20  Bed-and-breakfast: the use of an existing single-family detached dwelling for the accommodation of overnight guests for a fee.

(a) A bed-and-breakfast use shall be accessory to the principal residence of the dwelling.

(b) The minimum lot size for a bed-and-breakfast use shall be the same as for a single-family detached dwelling in the applicable zoning district.

(c) The maximum number of guest rooms shall be four.

(d) There shall be no use of show windows for display or advertising visible outside the premises to attract guests. One nonilluminated sign, which may not exceed four square feet, shall be permitted for each establishment.

(e) Nonresident employees shall be limited to two in addition to the resident members of the family.

(f) No external alterations, additions, or changes to the exterior of the structure shall be permitted, except as required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by any other governmental agency. Fire escapes or external stairways shall be located either to the rear or to the side of the residence.

(g) There shall be no separate kitchen or cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast and afternoon tea only. There shall be no restaurant facilities on the premises open to the public.

(h) Trash facilities shall be located to the rear of the property and shall not be visible from the street. The facilities shall be screened with a fence and/or trees and shrubbery.

(i) The maximum uninterrupted length of stay at a bed-and-breakfast facility shall be 14 days.

(j) The use of any outdoor amenities provided on the premises, such as a swimming pool or tennis court, shall be restricted to the resident family and its guests and to the guests of the establishment. If the outdoor amenities are within 100 feet of the property line, an evergreen hedge or row of evergreen trees shall be planted along the property line, which will block the view of the recreation facilities from the adjacent property.

(k) A zoning permit shall not be granted unless the applicant has obtained documentation from the servicing authority that adequate water and sewer service is available for the proposed use.

(l) Parking: there shall be one off-street parking space per guest bedroom provided on the premises, in addition to off-street parking for the residents of the facility. The off street parking spaces shall be located either to the rear of the main dwelling or in the side yard if screened from the adjacent property by fencing or plant material.

(21) E21  Adult commercial uses.

(a) An adult commercial store, adult entertainment cabaret, adult movie house, tattoo parlor, body piercing services, other similar types of uses, and other adult uses as defined below:

ADULT COMMERCIAL BOOKSTORE

An establishment with more than 15 square feet of floor area devoted to the display, selling and/or rental of pornographic materials, which are pictures, drawings, photographs or other depictions or printed matter and paraphernalia which, if sold knowingly to a minor under 18 years of age, would violate the criminal laws of the Commonwealth of Pennsylvania in effect at the same time.

ADULT ENTERTAINMENT CABARET

A public or private establishment which is licensed to serve food and/or alcoholic beverages, which features live sex, topless dancers, strippers, male or female impersonators, or similar entertainers, or a similar establishment to which access is limited to persons 18 years of age or older.

ADULT MOVIE HOUSE

An enclosed building used regularly and routinely for presenting, displaying or exhibiting obscene matter for observation by patrons therein, or a similar establishment to which access is limited to persons 18 years of age or older.

OTHER ADULT USES

Any business, activity or use similar to or of the same general nature as the uses listed above.

(b) These adult commercial uses shall be subject to the following provisions:

[1] The building or structure of such use shall be located no less than 500 feet from any residential use, public or private school, church, recreation facility or any other religious, institutional or educational use.

[2] No such use shall be located within 2,000 feet of a similar use.

[3] No pornographic material shall be visible from a window, door, or exterior of the building.

[4] No person under the age of 18 years of age shall be permitted within a building whose operation would be considered an adult use.

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

(22) E22  Convenience store: a retail store offering primarily groceries, prepared food items, and other consumer items intended for quick carry-out trade. Where sale of gasoline or fuel is proposed, the use shall be located only in a district where Use E8, Service station, is permitted and only where the requirements for the service station are met.

(a) Minimum lot area: 1.5 acres.

(b) The use shall have frontage on Main Street, Walnut Street or Barringer Avenue.

(c) There shall be only one point of ingress and egress.

(d) No drive-through windows are permitted.

(e) Trash receptacles shall be provided outside of the building for patron use.

(f) Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located to the rear of the structure and shall be screened from view and shall be landscaped.

(g) Parking: one off-street parking space for each 100 square feet of gross area used or intended to be used for servicing customers. At least 55% of the parking stalls shall be located to the side or rear of the building.

(23) E23  Miniwarehouse: a warehouse and/or storage units provided for lease to the general public for the purpose of storage of articles commonly associated with residential properties.

(a) Dimensional requirements:

[1] Minimum lot area: one acre.

[2] Maximum building coverage: 25%.

[3] Minimum setback from street line: 50 feet.

[4] Minimum setback from lot lines: 25 feet.

[5] Minimum lot width: 125 feet.

[6] Maximum height of storage units: 12 feet.

[7] Maximum height of other buildings: 35 feet.

[8] Minimum aisle width between buildings: 26 feet.

[9] Maximum size of individual storage unit: 300 square feet.

[10] Maximum size of any building: 6,000 square feet.

(b) The storage facilities complex shall be surrounded by a fence at least eight feet in height of a type approved by the Borough. The outside perimeter of the fence shall be surrounded by an evergreen hedge, which shall provide a visual screen, with the plants being a minimum of six feet in height and planted every six feet.

(c) Outdoor storage of automobiles, boats, or recreational vehicles is permitted if they are within the fenced area and the parked vehicles shall not interfere with traffic movement throughout the complex and they are not visible from the street.

(d) An office and residence is permitted as an accessory use to provide a full-time caretaker.

(e) Minimum requirements for lease restrictions:

[1] Storage shall be limited to items of personal property generally found in residential structures.

[2] No retail business activities other than leasing of storage units and no rental of trucks or vehicles.

[3] No explosive, toxic, radioactive or highly flammable materials.

(f) Parking: a minimum of four spaces, plus one space for every five storage units.

(24) E24  Automobile sales: the sale of automobiles by a duly franchised new-car dealership, used-car sales, or car, truck, trailer, cycle and boat rentals, including repair work conducted as an accessory use.

(a) Minimum area: two acres.

(b) A maximum of 50% of the site area may be used for the storage and display of vehicles. The display and/or storage area shall be at least 25 feet from the right-of-way of the frontage street.

(c) The buffer requirements of § 340-36 of this chapter shall be met.

(d) Parking: one off-street parking space for each 100 square feet of total floor area and one off-street parking space for each 5,000 square feet of total outside vehicle display area, plus one additional space for each employee. This required parking shall not be used for the display of automobiles offered for sale or lease.

F. Utilities.

(1) F1  Utilities: a transformer station, pumping station, relay station, substations, switching center, and any similar or related installation, but not cellular telecommunications facilities permitted as Use F3.

(a) In residential districts, such uses shall be permitted only where all of the following conditions have been met. These requirements shall not apply to uses that are exempt under Section 619 of the Pennsylvania Municipalities Planning Code.[2]

[1] Such installation is essential to service such residential area.

[2] No public business office, storage building or storage yard shall be operated in connection with the use.

[2] Editor's Note: See 53 P.S. § 10619.

(b) Parking: two off-street parking spaces, plus one off-street parking space for each employee normally in attendance at the facility.

(2) F2  Emergency services: fire, ambulance, rescue and other emergency services of a municipal or volunteer nature.

(a) Parking: three off-street parking spaces for every four employees on the two major shifts at maximum employment, or four off-street parking spaces for each fire truck where no community room is a part of the building, whichever requires the greater number of parking spaces. Where a community room is provided, two off-street parking spaces for each fire truck, plus one off-street parking space for each 50 square feet of gross floor area.

(3) F3  Cellular telecommunications facility. A cellular telecommunications facility consists of the equipment and structures involved in receiving telecommunication or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines. A tower is a structure that is intended to support equipment used to transmit and/or receive telecommunications signals. An example of such a structure is a monopole steel structure. An antenna is a device used to collect or transmit telecommunications or radio signals. Examples are panels, microwave dishes, and single poles know as whips.

(a) The following general provisions apply to all cellular telecommunications facilities. The general standards are in addition to the provisions for the particular applications specified in Subsection F(3)(b) and (c) below.

[1] The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter.

[2] The following buffer plantings shall be located around the perimeter of the security fence:

[a] An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted 10 feet on center maximum.

[b] Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible on the site of a tower (and guy wires if used) and equipment building.

[3] An eight-foot-high security fence shall completely surround the tower (and guy wires if used) and equipment building.

[4] The tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-E Manual, as amended.

[5] A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to the Borough to document and verify the design specifications of the foundation for the tower, and anchors for the guy wires if used.

[6] Towers and antennas shall be designed to withstand wind gusts of at least 100 miles per hour.

[7] An antenna may not be located on a building or structure that is listed on a historic register.

[8] Owners of existing towers shall accept the facilities of additional users at fair market lease value, unless the owner of the tower presents to the Borough substantial documented evidence that the multiple use of the tower is technologically infeasible.

[9] When a tower is no longer in use as a telecommunications facility, the owner shall promptly remove the tower within 180 days. Prior to receipt of a zoning permit for the construction of a tower, the applicant shall provide to the Borough financial security in an amount determined by the Zoning Hearing Board to be sufficient to guarantee the removal of the tower. Said financial security shall remain in place until the tower is removed.

[10] The applicant shall make application for and receive a building permit following receipt of a zoning permit.

(b) Site requirements. A cellular telecommunications facility may be located on any parcel in the R-C Residence-Commercial District and upon any Borough-owned property, subject to the following conditions:

[1] A cellular telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.

[2] An antenna may be attached to a nonresidential commercial building or a commercial structure that is a permitted use in the district. The following conditions shall be met:

[a] Maximum height: 20 feet above the existing building or structure.

[b] If the applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with the following:

[i] The tower shall not be located closer to an occupied building than a distance equal to the height of the tower.

[ii] An eight-foot-high security fence shall surround the building.

[iii] A buffer yard shall be planted in accordance with § 340-36.

[iv] Vehicular access to the building shall not interfere with the parking or vehicular circulation on the site of the principal use.

(c) A tower to support an antenna may be constructed on a property with a nonresidential use that is a permitted use in the district, subject to the following conditions:

[1] The tower shall be set back from any occupied building a distance equal to the height of the tower.

[2] Maximum height:

[a] Tower: 110 feet.

[b] Equipment building: 12 feet.

[3] Vehicular access to the tower and equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.

(d) An antenna for a cellular telecommunications facility may be attached to a residential building, provided that it is not more than 20 feet above the existing building.

(e) A cellular telecommunications facility is not permitted on vacant land that has been established as permanent open space or within any floodplain or wetlands areas.

(f) The following criteria shall be used by the Zoning Hearing Board to evaluate an application for a special exception to construct a telecommunications facility:

[1] The applicant shall demonstrate that the tower for the telecommunications facility is the minimum height necessary for the service area. The applicant shall also demonstrate that the facility must be located where it is to serve the company's system. The applicant shall demonstrate that the telecommunications facility cannot be located on any existing tower in the R-C District.

[2] The applicant shall present documentation that the tower is designed in accordance with the standards cited in this chapter for telecommunications towers.

[3] The applicant shall demonstrate that the proposed tower complies with all state and federal laws and regulations concerning aviation safety.

[4] The need for additional buffer yard treatment shall be evaluated.

[5] The applicant shall demonstrate that the telecommunications facility must be located where it is proposed in order to serve the applicant's service area.

[6] Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement for the proposed facility and that vehicular access is provided to the facility.

[7] The applicant shall demonstrate that there are no existing towers or structures in the vicinity on which the facilities can be located to provide substantially the same service.

[8] If a monopole tower is not proposed, the applicant shall demonstrate the necessity for use of a different tower structure.

[9] All plans and drawings submitted for tower and/or antenna proposals shall contain the signature and seal of a professional structural engineer.

G. Temporary uses.

(1) G1  Temporary structure: a temporary structure, building or use. A permit may be issued for a temporary structure, building or use that is necessary during construction or other special circumstances of a nonrecurring nature.

(a) The time period of the initial permit shall not exceed six months. This permit may be renewed for three-month time periods, not to exceed a total of 21 months from the initial permit.

(b) Such structure, building or use shall be removed completely within 30 days of the expiration of the permit, without cost to the Borough.

(2) G2  Temporary community event: a temporary activity, including but not limited to exhibitions, auctions, carnivals, circuses, picnics, and suppers for fund-raising, and similar organizational events. These regulations shall not apply to the local fire company and the area-wide senior citizens center.

(a) Such temporary use shall be limited to not more than seven days per occurrence. Such events shall be limited to not more than four occurrences in a calendar year for each organization or property. There shall be at least a thirty-day period between such occurrences.

(b) Signs advertising a temporary community event shall be limited to 12 square feet in size. Such signs shall be posted no more than 14 days prior to the first day of the event and shall be removed on the final day of the event. No more than four off-premises signs shall be placed within the Borough. The location of off-premises signs must be approved by the owners of the property upon which they are to be located.

(c) The applicant for a temporary community event shall provide plans and documentation to ensure adequate parking, emergency access, road access, sanitary facilities, refuse collection, noise control, and cleanup after the event.

(3) G3  Flea market: a periodic activity where merchandise is sold within a building and/or outdoors, where transient retail merchants offer goods, new and used, for sale to the public.

(a) The minimum site area shall be one acre.

(b) Outdoor sales areas shall not exceed 40% of the site devoted exclusively to the flea market activity.

(c) Outdoor sales area shall not be located in the minimum front, side or rear yards and shall be set back at least 50 feet from any lot line or street line.

(d) Sales directly from vehicles shall be prohibited.

(e) Tables and other accessories which are used for outdoor sales shall be stored within a completely enclosed building when the flea market is not in use.

(f) Goods for sale must be removed from the site when the flea market is not in use.

(g) A flea market shall not be open more than three days in any one week.

(h) The area to be utilized for outdoor sales shall be physically delineated on the site by fencing, plantings, markers or other means acceptable to the Borough Council.

(i) Outdoor sales areas shall not encroach upon required parking areas and shall not interfere with traffic movement on the site.

(j) The proposed flea market shall be served adequate water and sewage disposal facilities, the adequacy of which shall be demonstrated and guaranteed to the satisfaction of the Borough Council.

(k) Parking: one off-street parking space for every 150 square feet of gross floor area and outdoor sales areas, plus one space for each merchant.

(4) G4  Commercial forestry: the harvesting of more than 15 trees with a trunk width of three inches or more at a height three feet above the average ground level on any tract or lot within a calendar year. This use shall not apply to Christmas tree farms nor to the approved clearing of a lot that is necessary for construction.

(a) A forestry management plan shall be prepared and followed.

[1] The plan shall be prepared by a professional forester who has graduated from a college or university with a four-year degree in forest resources management.

[2] The forestry management plan shall be submitted for an advisory review by the Pennsylvania Bureau of Forestry and the Borough Planning Commission.

[3] The forestry management plan shall be consistent with the Timber Harvesting Guidelines of the Pennsylvania Forestry Association.

(b) Clear-cutting shall be prohibited, except on tracts of less than 1/2 acre.

(c) On tracts larger than 1/2 acre, at least 30% of the forest cover (canopy) shall be kept, and the residual trees shall be well-distributed. At least 30% of these residual trees shall be composed of higher-value species, as determined by a professional forester.

(d) An erosion and sedimentation control plan shall be submitted to the Bucks County Conservation District for review and recommendation.

H. Industrial uses.

(1) H1  Extractive operation: sand, clay, shale, gravel, topsoil, or similar extractive operations, including borrow pits (excavations for removing material for filling operations).

(a) A zoning permit shall be obtained on an annual basis.

(b) When applying for a zoning permit, the applicant shall provide the following plans and information:

[1] Plans required.

[a] Plan of the general area (within a one-mile radius of the site), at a scale of 1,000 feet or less to the inch, with a twenty-foot or less contour interval, to show:

[i] Existing data:

[A] Location of the proposed site.

[B] Land use pattern, including building locations and historical sites and buildings.

[C] Roads, indicating major roads and showing width, weight loads, types of surfaces and traffic data.

[ii] Proposed uses or facilities:

[A] Subdivisions.

[B] Parks, schools, and churches.

[C] Highways (new and reconstructed).

[D] Other uses potentially affecting or affected by the proposed extractive operation.

[b] Plan of the proposed site, at a scale of 100 feet or less to the inch, with a five-foot or less contour interval, to show:

[i] Basic data:

[A] Soils and geology.

[B] Groundwater data and watercourses.

[C] Vegetation, with dominant species.

[D] Wind data: directions and percentage of time.

[ii] Proposed usage:

[A] Final grading by contours.

[B] Interior road pattern, its relation to the operation yard and points of ingress and egress to state and township roads.

[C] Estimated amount description of aggregate and overburden to be removed.

[D] Ultimate use and ownership of the site after completion of the operation.

[E] Source and amount of water, if the final plan shows use of water.

[F] Plan of operation showing proposed tree screen locations; soil embankments for noise, dust, and visual barriers and heights of spoil mounds; method of disposition of excess water during operation; location and typical schedule of blasting; machinery (type and noise levels); safety measures; and monitoring of complaints.

[2] Performance standards.

[a] Operations. Extractive operations shall meet all development and performance standards of § 340-33.

[b] Setbacks. No excavation, quarry wall, storage or area in which processing is conducted shall be located within 200 feet of any lot line, 200 feet of any street right-of-way, or within 200 feet of any residential or agricultural district boundary line.

[c] Grading. All excavations, except stone quarries over 25 feet in depth, shall be graded in such a way as to provide an area which is harmonious with the surrounding terrain and not dangerous to human or animal life.

[i] Excavations shall be graded and backfilled to the grades indicated by the site plan. Grading and backfilling shall be accomplished continually and as soon as practicable after excavation. Grading and backfiring may be accomplished by use of waste products of the manufacturing operation or other clean fill materials, provided that such materials are composed of non-noxious, noncombustible solids.

[ii] Grading and backfilling shall be accomplished in such a manner that the slope of the fill or its cover shall not exceed the normal angle of slippage of such materials, or 45° in angle, whichever is less. During grading and backfilling, the setback requirements in Subsection H(1)(b)[2][b] above may be reduced by 0.5, so that the top of the graded slope shall not be closer than 100 feet of any district boundary line, any lot line or any street right-of-way. Stockpiles shall not exceed 100 feet in height.

[iii] When excavations which provide for a body of water are part of the final use of the tract, the banks of the excavation shall be sloped to a minimum ratio of seven feet horizontal to one foot vertical, beginning at least 50 feet from the edge of the water and maintained into the water to a depth of five feet.

[iv] Drainage, either natural or artificial, shall be provided so that disturbed areas shall not collect water or permit stagnant water to remain.

[d] Access. Truck access to any excavation shall be so arranged as to minimize danger to traffic and avoid nuisances to surrounding properties.

[e] Planting. When planting is the final use to which the tract is put, all that is not covered by water shall be covered with a sufficient amount of arable soils to support vegetation. A planting plan shall be prepared for the entire finished tract, using various types of plant material for the prevention of soil erosion and to provide vegetative cover.

[f] Stone quarry. Stone quarries whose ultimate depth shall be more than 25 feet shall provide the following:

[i] A screen planting within the setback area as specified in Subsection H(1)(b)[2][b] above shall be required. Such screen shall be no less than 25 feet in width and set back from the excavation so as to keep the area next to the excavation planted in grass or ground cover and clear of any obstruction.

[ii] A chain-link (or equal) fence at least 10 feet high and with an extra slanted section on top, strung with barbed wire, shall be placed at either the inner or outer edge of the planting completely surrounding the area.

[iii] Warning signs shall be placed on the fence at intervals of no more than 100 feet.

[g] No ground vibration caused by blasting or machinery shall exceed the limits established by the Act of July 10, 1957, P.L. 685, as amended, 73 P.S. §§ 164 to 168, and the rules and regulations adopted thereunder, with the exception that no blasting shall cause a peak particle velocity greater than one inch per second, measured at any property line. Blasting shall not occur between the hours of 6:00 p.m. and 7:00 a.m.

[h] Applicants for this use shall submit a water impact study in accordance with the requirements of this chapter.

[i] The buffer requirements of § 340-36 of this chapter shall be met.

[j] Parking: one off-street parking space for each employee in the largest shift, plus one space for each company vehicle normally stored on the premises.

(2) H2  Manufacturing: manufacturing, including the production, processing, cleaning, testing, and distribution of materials, goods, foodstuffs, and products.

(a) The buffer requirements of § 340-36 of this chapter shall be met.

(b) Parking: one off-street parking space for each employee on the largest shift, plus one space for each company vehicle normally stored on the premises.

(3) H3  Research: research, testing, or experimental laboratory.

(a) The buffer requirements of § 340-36 of this chapter shall be met.

(b) Parking: one off-street parking space for each employee on the largest shift, or one off-street parking space for every 250 square feet of total floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.

(4) H4  Wholesale business, wholesale storage, warehousing: wholesale business, wholesale storage or warehousing with no retail sales.

(a) No explosive, toxic, radioactive or highly flammable materials shall be stored on the premises.

(b) The buffer requirements of § 340-36 of this chapter shall be met.

(c) Parking: one space per employee on the largest shift, plus one for each vehicle normally stored on the premises.

(5) H5  Printing: printing, publishing, and binding.

(a) The buffer requirements of § 340-36 of this chapter shall be met.

(b) Parking: three off-street parking spaces for each four employees on the largest shift or one off-street parking space for every 250 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.

(6) H6  Contracting: contractor offices and shops, such as building, cement, electrical, heating, masonry, painting, and roofing.

(a) The buffer requirements of § 340-36 of this chapter shall be met.

(b) All materials and vehicles shall be stored within a building or an enclosed area which is properly screened.

(c) Parking: one off-street parking space for each employee on the largest shift or one off-street parking space for every 500 square feet of total floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.

(7) H7  Truck terminal: a use of land or structures for the storage of trucks and/or the transfer of freight from one truck to another.

(a) Short-term warehousing may be permitted under this use.

(b) The truck terminal shall be licensed by the Public Utilities Commission.

(c) Trucks with compressors running 24 hours a day shall be located within a quadrangle of buildings or walls.

(d) The buffer requirements of § 340-36 of this chapter shall be met.

(e) Parking: one off-street parking space for each employee or one space for every 500 square feet of total floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises.

(8) H8  Mill: a mill where grain and similar products are processed.

(a) The buffer requirements of § 340-36 of this chapter shall be met.

(b) Parking: one off-street parking space for each employee on the largest shift, plus one space for every 250 square feet of total floor area used for servicing customers.

(9) Academic clinical research centers.

[Added 4-2-2018 by Ord. No. 325]

(a) Parking requirements will follow the applicable parking regulations found in the Silverdale Borough Code General Regulations in § 340-64, and specifically Subsection H(3). Off-street parking regulations as listed for commercial or facilities and in accordance with the Silverdale Borough Zoning Ordinance and Subdivision Land Development Ordinance.

(b) An academic clinical research center may only grow medical marijuana in an indoor, enclosed and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The security system shall be electronically tied into the police department for monitoring. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

(c) All external lighting serving an academic clinical research center must be shielded in such a manner to not allow light to be emitted skyward onto adjoining properties. All lighting shall comply with the Silverdale Borough Zoning Ordinance and Subdivision Land Development Ordinance.

(d) A buffer planting is required where an academic clinical research center adjoins a residential use or district, and shall comply with the most recent edition of the Silverdale Borough Zoning Ordinance and Subdivision Land Development Ordinance.

(10) Medical marijuana grower/processors.

[Added 4-2-2018 by Ord. No. 325]

(a) 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 security system shall be electronically tied into the police department for monitoring. 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.

(b) The maximum floor area 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 the production and cultivation or for required laboratory testing.

(c) 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.

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

(e) 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.

(f) Grower/processors may not locate within 1,500 feet of the property line of a public, private, or parochial school or day-care center. Measurement shall be taken from the closest property line of the grower to the closest property line of the public, private or parochial school or day-care center.

(g) All external lighting serving a medical marijuana grower/processor must be shielded in such a manner to not allow light to be emitted skyward onto adjoining properties. All lighting shall comply with the most recent edition of the Silverdale Borough Code.

(h) Parking requirements will follow the parking regulations found in the Silverdale Borough Code Subsection D(2), Off-street parking regulations, as listed for commercial or facilities and in accordance with the Silverdale Borough Zoning Ordinance and Silverdale Subdivision and Land Development Ordinance.

(i) A buffer planting is required where an academic clinical research center adjoins a residential use or district, and shall comply with the most recent edition of the Silverdale Borough Zoning Ordinance and Silverdale Subdivision and Land Development Ordinance.

(j) Entrances and driveways to a medical marijuana grower/processor facility must be designed to accommodate the anticipated vehicles used to service the facility, including delivery vehicles, tractor-trailers, vans and box trucks. Driveway access and egress, parking lot lighting and drainage shall comply with the most recent edition of the Silverdale Borough Zoning Ordinance and Silverdale Subdivision and Land Development Ordinance.

[1] All accesses must secure the appropriate highway occupancy permit (state, county and/or borough).

[2] The clear sight triangle found is in accordance with the most recent edition of the Silverdale Borough Code and Subdivision Land Development Ordinance must be considered and maintained.

[3] The driveway must be designed and improved to the standards expressly described in the Silverdale Borough Code and Subdivision Land Development Ordinance § 340-64 and Chapter 290, §§ 290-30 through 290-33.

(k) Driveways and parking space at a medical marijuana grower/processor facility must be designed to accommodate turning radii of the anticipated vehicles used to service the facility. No street-side loading or unloading shall be permitted. Delivery vehicles shall have the necessary space to enter, and if required turn-around and exit the facility as needed to serve the facility.

(l) Loading and off-loading areas within the structure is required. If an external loading dock arrangement is necessary it must be from within a secure environment.

(11) Medical marijuana transport vehicle service.

[Added 4-2-2018 by Ord. No. 325]

(a) A traffic impact study is required where the office is operated.

(b) Parking requirements will follow the parking regulations found in the Silverdale Borough Code General Regulations of § 340-64 and specific parking regulations of Subsection H(4), Off-street parking regulations, as listed for commercial or facilities and in accordance with the Silverdale Borough Zoning Ordinance and Silverdale Subdivision and Land Development Ordinance.

(c) All external lighting serving a medical marijuana transport vehicle service must be shielded in such a manner to not allow light to be emitted skyward onto adjoining properties. All lighting shall comply with the Silverdale Borough Zoning Ordinance and Silverdale Subdivision and Land Development Ordinance.

(d) A buffer planting is required where a medical marijuana transport vehicle service adjoins a residential use or district, and shall comply with the most recent edition of the Silverdale Borough Zoning Ordinance and Silverdale Subdivision and Land Development Ordinance.

(e) Entrances and driveways to a medical marijuana transport vehicle service must be designed to accommodate the anticipated vehicles used to service the facility, including delivery vehicles, tractors, vans and box trucks. Driveway access and egress, parking, parking lot lighting and drainage shall comply with the most recent edition of the Silverdale Borough Zoning Ordinance and Silverdale Subdivision and Land Development Ordinance.

[1] All accesses must secure the appropriate highway occupancy permit (state, county and/or borough).

[2] The clear sight triangle found is in accordance with the most recent edition of the Silverdale Borough Code and Subdivision Land Development Ordinance must be considered and maintained.

[3] The driveway must be designed and improved to the standards expressly described in the Silverdale Borough Code and Subdivision Land Development Ordinance.

(f) Driveways and parking space at a medical marijuana transport vehicle service facility must be designed to accommodate turning radii of the anticipated vehicles used to service the facility. No street-side loading or unloading shall be permitted. Delivery vehicles shall have the necessary space to enter, and if required turn-around and exit the facility as needed to serve the facility.

(g) 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. No medical marijuana product, by-product, supplies, or apparatus may be stored in any transport vehicle unless the vehicle is inside the building with the necessary security as required for a grower/producer.

(h) Loading and off-loading areas within the structure is required. If an external loading dock arrangement is necessary, it must be from within a secure environment.

(12) Medical marijuana dispensary.

[Added 4-2-2018 by Ord. No. 325]

(a) A medical marijuana dispensary must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the DOH.

(b) A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

(c) A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana, or at a transporting vehicle service facility.

(d) Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.

(e) Permitted hours of operation of a dispensary shall be 9:00 a.m. to 5:00 p.m. Monday through Friday.

(f) A medical marijuana dispensary shall be a maximum of 1,000 square feet of which no more than 150 square feett shall be used for secure storage of product, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.

(g) A medical marijuana dispensary shall:

[1] Not have a drive-through service;

[2] Not have outdoor seating areas;

[3] Not have outdoor vending machines;

[4] Prohibit the administering or consumption of medical marijuana on the site; and

[5] Not offer direct or home delivery service.

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

(i) A medical marijuana dispensary may not be located within 1,500 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 property line of the facility or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use area, regardless of municipality in which it is located.

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

(k) Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or a day-care center.

(l) All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward onto adjoining properties. All lighting shall comply with the Silverdale Borough Zoning Ordinance and Silverdale Subdivision and Land Development Ordinance.

(m) Parking requirements will follow the parking regulations found in the Silverdale Borough Code Subsection E(3), Off-street parking regulations, as listed for service businesses and in accordance with the Silverdale Borough Zoning Ordinance and Silverdale Subdivision and Land Development Ordinance.

(n) A buffer planting is required where a medical marijuana dispensary adjoins a residential use or district, and shall comply with the most recent edition of the Silverdale Borough Zoning Ordinance and Silverdale Subdivision and Land Development Ordinance.

(o) Entrances and driveways to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility, including delivery vehicles, tractors, vans and box trucks. Driveway access and egress, parking, parking lot lighting and drainage shall comply with the most recent edition of the Silverdale Borough Zoning Ordinance and Silverdale Subdivision and Land Development Ordinance.

[1] All accesses must secure the appropriate highway occupancy permit (state, county and/or borough).

[2] The clear sight triangle found is in accordance with the most recent edition of the Silverdale Borough Code and Subdivision Land Development Ordinance must be considered and maintained.

[3] The driveway must be designed and improved to the standards expressly described in the Silverdale Borough Code and Subdivision Land Development Ordinance.

(p) Driveways and parking space at a medical marijuana dispensary facility must be designed to accommodate turning radii of the anticipated vehicles used to service the facility. No street-side loading or unloading shall be permitted. Delivery vehicles shall have the necessary space to enter, and if required turn-around and exit the facility as needed to serve the facility.

(q) Loading and off-loading areas within the structure is required. If an external loading dock arrangement is necessary, it must be from within a secure environment.

§ 340-20 Table of Use Regulations.

In the following Table of Use Regulations, “Y” denotes a use permitted by right; “N” denotes a use which is not permitted; “SE” denotes a use subject to special exception (refer to Article XI); and “C” denotes a use subject to conditional use approval (refer to Article X).

List of Uses					R-1	R-C	HD	I/I
A.	Residential
	A1	Detached dwelling			Y	Y	Y	Y
	A2	Residential conversion			Y	Y	Y	Y
	A3	Twin			Y	Y	Y	Y
	A4	Performance standard subdivision			N	N	Y	N
	A5	Mobile home park			N	Y	N	N
B.	Accessory residential [Amended 12-6-2004 by Ord. No. 273; 11-3-2014 by Ord. No. 309]
	B1	Accessory home occupation
		[1]		No-impact home-based business	Y	Y	Y	Y
		[2]		Personal services	N	Y	N	Y
		[3]		Instructional services	N	Y	N	Y
		[4]		Home crafts	N	Y	N	Y
		[5]		Family day care	N	Y	N	Y
		[6]		Group child day-care center	N	Y	N	N
		[7]		Trade home office	N	Y	N	Y
		[8]		Repair services	N	Y	N	Y
	B2	Accessory building, structure use			Y	Y	Y	Y
	B3	Accessory apartment			N	Y	N	Y
	B4	Noncommercial swimming pool			Y	Y	Y	Y
C.	Institutional
	C1		Place of worship		Y	Y	N	Y
	C2		Library or museum		Y	Y	N	Y
	C3		Private club		N	Y	N	Y
	C4		School		Y	Y	N	Y
	C5		Commercial school		N	Y	N	Y
	C6		Community center		N	Y	N	Y
	C7		Day-care center		N	Y	N	Y
	C8		Recreational facility		Y	Y	Y	Y
	C9		Nursing home		N	Y	N	Y
	C10		Cemetery		Y	Y	N	Y
	C11		Municipal services		Y	Y	Y	Y
D.	Office
	D1		Medical office		N	Y	N	Y
	D2		Office		N	Y	N	Y
E.	Commercial and services
	E1		Retail shop		N	Y	N	N
	E2		Repair service		N	Y	N	N
	E3		Service business		N	Y	N	N
	E4		Financial establishment		N	Y	N	N
	E5		Eating place		N	Y	N	N
	E6		Drive-in		N	Y	N	N
	E7		Automobile accessories		N	C	N	N
	E8		Service station		N	Y	N	N
	E9		Indoor entertainment		N	Y	N	N
	E10		Tavern		N	Y	N	N
	E11		Funeral home		N	Y	N	N
	E12		Dwelling in combination		N	Y	N	N
	E13		Contractor's office		N	Y	N	N
	E14		Automobile repair		N	C	N	N
	E15		Farm and garden equipment		N	Y	N	N
	E16		Car wash		N	Y	N	N
	E17		Multiple commercial use		N	C	N	N
	E18		Outside storage and display		N	Y	N	Y
	E19		Junkyard		N	C	N	N
	E20		Bed-and-breakfast		N	Y	N	N
	E21		Adult commercial use		N	C	N	N
	E22		Convenience store		N	Y	N	N
	E23		Miniwarehouse		N	Y	N	N
	E24		Automobile sales		N	C	N	N
F.	Utilities
	F1		Utilities		Y	Y	Y	Y
	F2		Emergency services		Y	Y	Y	Y
	F3		Cellular telecommunications		N	SE	N	N
G.	Temporary
	G1		Temporary structure		Y	Y	Y	Y
	G2		Temporary community event		Y	Y	N	Y
	G3		Flea market		N	Y	N	Y
	G4		Commercial forestry		Y	Y	Y	Y
H.	Industrial uses [Amended 4-2-2018 by Ord. No. 325]
	H1		Extraction operation		N	N	N	C
	H2		Manufacturing		N	N	N	Y
	H3		Research		N	N	N	Y
	H4		Wholesale business		N	N	N	Y
	H5		Printing		N	N	N	Y
	H6		Contracting		N	N	N	Y
	H7		Truck terminal		N	N	N	C
	H8		Mill		N	N	N	Y
	H-9		Academic clinical research centers		N	N	N	Y
	H10		Medical marijuana grower/processors		N	N	N	Y
	H11		Medical marijuana transport vehicle offices		N	N	N	Y
	H12		Medical marijuana dispensaries		N	N	N	Y