City of Coatesville, PA Article XII Supplemental Use Regulations

§ 224-57 Applicability.

A. Except as provided by law or in this chapter, in each district, no building, structure or land shall be used or occupied except for the purposes permitted in the applicable zoning district and in accordance with the supplemental use regulations of this article. Unless otherwise specified in this chapter, on any property, parcel or tract of land, only one principal use shall be permitted.

B. Uses specifically regulated in this article include the following:

[Amended 11-28-2022 by Ord. No. 1557-2022]

Reference		Type of Use
Accessory uses and structures
§ 224-59B, Residential accessory uses and structures
(1)	Customary
(2)	Ancillary:
	(a)	Residential rooming accommodations
	(b)	Accessory apartments
	(c)	Home occupations (including home day care and bed-and-breakfast inn)
(3)	Temporary
(4)	Prohibited
§ 224-59C, Nonresidential accessory uses and structures
(1)	Customary
(2)	Ancillary
(3)	Temporary
(4)	Prohibited
Principal uses and structures
§ 224-60A, Residential uses
(1)	Multifamily
(2)	Mobile home park
§ 224-60B, Public/institutional uses
(1)	Day-care center
(2)	School/educational facility
(3)	Rooming/boarding house
(4)	Group quarters
(5)	Life-care facility
(6)	Nursing home
(7)	Hospital
(8)	Community utility
(9)	Radio, television or microwave transmitter
§ 224-60C, Commercial uses
(1)	Retail center/retail complex
(2)	Restaurant, fast-food
(3)	Restaurant, with drive-through
(4)	Financial institution, with drive-through
(5)	Auto service/gas station/car wash facility
(6)	Amusement hall/arcade
(7)	Adult commercial
(8)	Office center/office park
§ 224-60D, Industrial uses
(1)	Industrial center
(2)	Industrial park
(3)	Miniwarehouse/public warehouse
(4)	Recycling center
(5)	Junkyard
(6)	Transfer station
(7)	Solid waste landfill
(8)	Solid waste incinerator
Conversion of uses
§ 224-74B, Adaptive reuse projects

C. Uses not listed in Articles IV through VII (district requirements) or prohibited by Articles VIII through X (overlay districts) of this chapter shall not be permitted.

§ 224-58 Applicability of other ordinances and regulations.

A. Uses permitted by right, special exception or conditional use shall be subject, in addition to the supplemental use regulations of this article, to such regulations of yard, lot size, lot width, building area and easements and provisions for off-street parking and loading, landscaping and buffering and access and to other provisions specified in this chapter, Chapter 197, Subdivision and Land Development, and any other applicable ordinances. Where ordinance regulations conflict, the more restrictive shall apply.

B. The laws of the commonwealth and the regulations of the City of Coatesville Authority and the Chester County Department of Health regarding water supply and waste disposal shall be adhered to.

§ 224-59 Accessory uses and structures.

A. Universal accessory use and structure regulations. The following standards shall apply to all accessory uses and structures:

(1) Accessory uses and structures shall comply with the use standards applicable in the zoning district in which they are located, unless explicitly exempted by this chapter.

(2) Unless otherwise specified, accessory uses and structures in residential districts shall not be located in the front yard.

(3) The land area occupied by accessory structures shall be calculated into floor-area or lot-coverage standards for each lot.

(4) No accessory structure shall exceed the height limitations of the district in which it is located except for any freestanding pole, tower, antennas or similar structure not designed for human habitation for which required permits have been obtained.

B. Residential accessory uses and structures.

(1) Customary residential accessory uses and structures. The following customary accessory uses and structures shall be permitted on a residential lot when they meet the definition of "accessory" and applicable permits are obtained in accordance with § 224-79. Such permitted uses and structures include but are not limited to:

(a) Private garage, carport or off-street parking facility.

[1] Any detached structure shall be located in the rear or side yard.

[2] Unless permitted as an adaptive reuse or permitted home occupation, the use of a garage shall be limited to the storage of vehicles and household goods.

[3] Recreational vehicles shall not be occupied as a dwelling or rooming facility on the premises.

[4] The outside, overnight storage of commercial vehicles shall be limited to one vehicle, not to exceed one-ton loading capacity. One additional commercial vehicle shall be permitted if parked inside a garage, an enclosed structure or a parking space screened from view at the street line.

(b) Private swimming pool, tennis court or other recreational facility.

[1] The use or structure shall be located in the side or rear yard.

[2] A tennis court, fences and related lighting shall not be closer to a rear or side lot line than the distance of the required principal building setbacks. Tennis court fences shall be permitted but shall not exceed 12 feet in height.

[3] The following requirements apply specifically to private, nonportable, noncommercial swimming pools which are 24 inches or more in depth:

[a] A building permit shall be required to construct a private swimming pool.

[b] For lots 15,000 square feet or greater, a swimming pool shall be located no closer to a property line or street line than 10 feet. A minimum setback of five feet is required for lots less than 15,000 square feet.

[c] Swimming pools shall be totally enclosed by a fence of a minimum of four feet in height. The height calculation may include a combination of the pool wall and fence, provided that the combined height equals four or more feet.

[d] Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device located on the pool side of the gate.

[e] There shall be no cross-connection with the public sewage system. No permit shall be granted for the installation or construction of any in-ground, permanent pool or portable pool having a capacity of 20,000 gallons or more, unless the City Engineer has certified that the drainage of such pool is adequate and will not interfere with the water supply system, with existing sanitary facilities or with public streets.

(c) Accessory buildings for storage or recreational use.

[1] Such uses shall include storage sheds, bathhouses, gazebos and similar structures.

[2] Such uses shall meet the minimum setbacks indicated in the Table of Residential Neighborhood District Lot Area, Bulk and Coverage Requirements[1] for residential accessory structures.

[1] Editor's Note: This table is included at the end of this chapter.

(d) Antennas, flagpoles and microwave satellite dishes.

[1] Where applicable, the structures shall comply with Federal Communications Commission and Building Code regulations.

[2] Freestanding structures shall be set back from all property lines a distance of at least 1 1/2 times the height of the structure and shall be securely anchored to the ground in a manner satisfactory to the City.

[3] The height requirements of § 224-48D shall apply in addition to the following:

[a] The highest point of an antenna attached to a building shall not exceed the peak of the roof by more than 10 feet.

[b] When freestanding, the total height of a microwave satellite dish shall not exceed 10 feet; when roof-mounted, the dish shall not exceed three feet in diameter and shall be located on a portion of the roof sloping away from any front or side street. Neither the dish or its supports shall exceed the peak of the roof in height.

[4] No more than two antennas shall be permitted per residential property nor more than one antenna tower or microwave satellite dish.

[5] Antenna towers and microwave satellite dishes shall not be located within any front yard, nor shall they be located within a side yard facing a street unless sufficiently screened from the street.

[6] Radio, television or microwave transmitters are subject to the regulations of § 224-60B(9).

(e) Outdoor storage for residential uses. In addition to the outdoor storage requirements of § 224-49J, the following requirements shall apply:

[1] Outdoor storage shall be limited to a maximum of 10% of the total lot area.

[2] No flammable or explosive liquids, solids or gases shall be stored except for tanks of fuel directly connected to energy or heating devices.

(f) Signs, in accordance with Article XIV.

(2) Ancillary residential accessory uses and structures. An ancillary use or structure is a noncustomary use or structure which shall only be permitted on a residential lot if it meets the definition contained herein for accessory uses and structures, a development plan has been submitted for review and applicable zoning, building and occupancy permits are obtained.

(a) Residential rooming accommodations. Such use includes the keeping of roomers, boarders or lodgers as a residential accessory use subject to the following provisions:

[1] Rooming accommodations shall only be permitted in single-family detached or semidetached dwellings.

[2] No more than two roomers, boarders or lodgers shall be accommodated at any one time.

[3] Occupants of the rooming accommodations shall share a common access with the primary residents and have access to the remainder of the dwelling unit; no separate cooking facilities or entrances shall be created.

(b) Accessory apartments. An accessory apartment is a self-contained residential dwelling unit subordinate to and within or on the same lot as the principal residential dwelling. Accessory apartments shall only be permitted within a single-family detached or semidetached dwelling, except as provided for in Subsection B(2)(b)[3], and shall be subject to the following provisions:

[1] Only one accessory apartment shall be permitted on a property.

[2] Both the accessory apartment and principal dwelling shall be owned by the same person; one of the two dwelling units must be owner-occupied.

[3] The principal structure shall be at least five years old for use as an accessory apartment. Detached or attached garages and other outbuildings may be used as accessory apartments if they are at least five years old and meet the adaptive reuse requirements of § 224-61. The garage or outbuilding shall be on the same lot as a single-family detached or semidetached dwelling.

[4] The structure and lot in and on which the accessory apartment is located shall be conforming in regard to required size and setbacks for the district in which it is located.

[5] The accessory apartment shall meet the following minimum size requirements:

Number of Bedrooms in Apartment	Gross Floor Area in Apartment (square feet)
0 (efficiency)	400
1 (maximum allowed)	500

[6] The accessory apartment shall not exceed 35% of the gross habitable floor area contained in the existing dwelling prior to conversion.

[7] Alterations to the exterior of the existing dwelling shall be limited to access, windows and ventilation. After creation of the accessory apartment, the building shall maintain the appearance of a single-family detached dwelling and shall remain compatible with the character of the surrounding neighborhood.

[8] The converted dwelling shall have no more than the original number of entrances along the front of the building. All other entrances to either the principal or accessory dwelling units shall be located on the side or rear of the building.

[9] There shall be no accessory apartment located in a below-ground basement where the exterior grade is more than halfway up the height of the exterior wall, unless there is at least one exterior facade where the unit is at grade with the ground outside.

[10] An annual permit shall be required for the accessory apartment to ensure that the ownership requirements of Section B(2)(b)[2] above are met. If a property containing an accessory apartment is sold, it shall be the responsibility of the seller to inform the buyer of the restrictions and permit requirements applicable to the apartment.

(c) Home occupations. A home occupation is an activity, conducted for gain by person(s) residing on the premises, that is clearly subordinate to the existing residential use of the property. There shall be two categories of home occupations, major and minor. These uses shall only be permitted in accordance with the standards set forth below:

[1] Minor home occupation. Minor home occupations, which meet all of the following criteria, shall be permitted by right in all residential districts. All other home occupations shall be defined as major.

[a] The use is only carried on by the inhabitants of the dwelling.

[b] The use does not involve any customer or client visits to the dwelling, and there are no direct sales of products on the site.

[c] There is no exterior indication, including but not limited to signs, advertising or other display, that a home occupation is located on the premises.

[d] Commercial delivery and pickup of goods and supplies is limited to no more than once a week, exclusive of normal postal and parcel service typically serving a residential area.

[e] The floor area devoted to the use does not exceed 25% of the floor area of the principal residential structure or 400 square feet, whichever is less.

[2] Major home occupation. A home occupation that cannot meet one or more of the criteria listed in Section B(2)(c)[1] above shall be defined as a major home occupation. Major home occupations shall be permitted by special exception in all residential districts when other applicable criteria of this chapter can be met.

[3] Prohibited home occupations. The following uses shall not be permitted as home occupations under any conditions:

[a] Those home occupations which cannot meet any of the criteria of Subsection B(2)(c)[1] above for a minor home occupation.

[b] The following uses are prohibited as home occupations and shall be classified as commercial uses:

	Animal hospitals
	Auto or small engine repair
	Commercial kennels
	Funeral parlors or undertaking establishments
	Furniture stripping
	Gift or antique shops
	Medical or dental clinics (2 or more doctors or dentists)
	Painting of vehicles, trailers or boats
	Private schools with organized classes
	Rental businesses
	Restaurants
	Rooming houses
	Welding shops
	Other uses of similar character to those listed above

[4] Determination of classification. The Code Enforcement Officer shall determine whether a proposed home occupation is major, minor or prohibited. The applicant shall be responsible for supplying such information as deemed necessary by the Code Enforcement Officer to make this determination.

[5] Issuing of permits. The following procedure for approval and permitting shall apply:

[a] Upon determination that the proposed use is a minor home occupation and is in conformance with the requirements of this chapter, the Code Enforcement Officer shall issue a permit.

[b] Where the Code Enforcement Officer determines that the proposed use is a major home occupation, the use shall require review and approval by the Zoning Hearing Board in accordance with the provisions of § 224-87C, Special exceptions, and the criteria of § 224-59B(2)(c), Home occupations. The Zoning Hearing Board may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this chapter. Following approval, the Code Enforcement Officer shall issue a permit.

[6] Permit limitations. A home occupation permit shall not be transferable to another person or property. The permit issued shall only be valid for the person and on the property for which it was originally issued.

[7] General standards applicable to home occupations. The following standards shall apply to all home occupations, whether major or minor:

[a] A home occupation shall be conducted within a dwelling which is the residence of the principal practitioner or in an accessory building which is normally associated with the residential use. The home occupation shall be carried on wholly indoors.

[b] All applicants shall be required to obtain a permit in accordance with the requirements of Subsection B(2)(c)[5] above.

[c] The appearance of the residential structure or accessory structure shall not be altered nor the occupation conducted in such a manner which would cause the premises to differ from its residential character by the use of materials, construction, lighting, show windows, signs or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter. No interior display of goods shall be visible from the outside.

[d] The storage of commercial vehicles shall comply with Subsection B(1)(a)[4] of this section.

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

[f] No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust or electrical interference detectable to normal senses beyond the property line in excess of levels customarily generated by a residential use.

[g] There shall be no storage or use upon the premises of toxic, explosive, polluting, dangerous or other substances defined as hazardous by the Pennsylvania Department of Community Affairs or the Department of Environmental Protection.

[Amended 3-25-1996 by Ord. No. 1012-96]

[8] Standards applicable to major home occupations. In addition to other applicable criteria of this chapter, the following standards shall apply to major home occupations:

[a] Major home occupations shall only be permitted in single-family detached, semidetached and attached structures.

[b] The total area used for a major home occupation shall not exceed 25% of the floor area of the principal residential structure.

[c] No more than one person, other than resident members of the immediate family, may be employed or subcontracted at the residence. Use of nonresident employees must have prior approval from the Zoning Hearing Board.

[d] No articles shall be sold or offered for sale on site except those produced on the premises. Such sales must have prior approval by the Zoning Hearing Board.

[e] No more than one sign shall be permitted per property, provided that it is no larger than two square feet per side. It shall not be illuminated, animated or placed in a window.

[f] Off-street parking shall be provided in sufficient capacity to prevent interference with normal residential parking in the neighborhood. Off-street parking, inclusive of required residential parking, shall not exceed five spaces.

[g] Beauty parlors and barbershops may be permitted as a major home occupation, provided that no more than two beauty parlor or barber chairs are provided and all other provisions of this chapter are met.

[h] Instructional services may be permitted as a major home occupation, provided that a maximum of two musical students may be instructed at any one time. Nonmusic instruction shall be limited to no more four students at any one time and no more than two trips per hour.

(d) Home day care. An accessory home day-care use is a private residence where care and supervision are provided for between four to 11 children, not related to the caregiver, in either a for-profit or nonprofit situation. (NOTE: Day care provided for more than 11 children is a day-care center and is considered a commercial use, not permitted in residential districts.) Accessory home day care is further divided into two categories: family day care and group day care. These uses shall meet provisions outlined below:

[1] Family day care. A family day-care use is a facility in which care is provided for four to six children at any one time, who are not relatives of the caregiver, where the child-care areas are being used as a family residence.

[a] Family day-care uses shall only be permitted as an accessory use in a single-family detached dwelling.

[b] There shall be no alterations to exterior facades of residential structures to accommodate accessory day-care facilities in a residential district, except for safety purposes, which shall be confined to rear or side walls not visible from any public right-of-way.

[c] A minimum outdoor play area of 200 square feet of contiguous play area shall be provided for each child. The outdoor play area shall be located to the side or rear of the property. If a public park or playground is located within 1,000 feet of the family day-care use, this may be substituted for the play-area requirement.

[d] If within 500 feet of any street, nonresidential use, parking lot of five or more spaces, water body or other safety hazard, the outdoor play area shall be enclosed by a fence with a minimum height of four feet or natural barrier suitable to prevent children from crossing.

[e] In addition to the off-street parking required for a single-family home, at least one additional space is required for each nonresident employee.

[f] Prior to final approval of the use and issuing of a permit by the Code Enforcement Officer, the applicant must hold all pertinent approvals and registration certificates from appropriate state or county agencies as a condition of permit approval and continuation. Where applicable, the use shall also be subject to review and approval by the Zoning Hearing Board as a special exception.

[2] Group day care. A group day-care use is a facility in which care is provided for more than six but no more than 11 children, where the child-care areas are being used as a family residence. Day care in excess of 11 children shall be defined as a day-care center and only permitted as a commercial use in accordance with the standards of this chapter.

[a] All standards noted above for family day care shall be met.

[b] The minimum lot area required for this use shall be 10,000 square feet.

[c] Group day-care facilities shall be located no closer than 1,000 feet to any other such use within any residential district.

[d] Safe off-street loading passenger space and adequate stacking capacity to avoid interference with any adjacent street shall be provided.

[e] Prior to final approval of the use and the issuing of a permit by the Code Enforcement Officer, the applicant must hold all pertinent approvals and licenses from appropriate state or county agencies as a condition of permit approval and continuation. Where applicable, the use shall also be subject to review and approval by the Zoning Hearing Board as a special exception.

(e) Bed-and-breakfast inn. A bed-and-breakfast inn is a building or group of buildings occupied by a resident innkeeper containing guest rooms for the temporary lodging of guests for compensation and providing to the occupants such lodging services as maid service and accessory eating and drinking facilities limited to the serving of breakfast. A bed-and-breakfast shall be subject to the following standards:

[1] A bed-and-breakfast shall only be permitted in a single-family detached dwelling as an adaptive reuse in accordance with § 224-61B of this chapter.

[Amended 11-28-2022 by Ord. No. 1557-2022]

[2] The property upon which the bed-and-breakfast is established shall be the principal residence of the innkeeper. The use shall be carried on by members of the immediate family who reside on the premises; nonresident employees shall be restricted to two in addition to the resident members of the family.

[3] A bed-and-breakfast shall not contain more than five guest facilities; any accommodations beyond this standard shall be regulated as a hotel.

[4] Guests shall not remain in the same bed-and-breakfast for more than 14 consecutive days.

[5] There shall be no separate kitchen or cooking facilities in any guest room. Food served to the guests on the premises shall be limited to breakfast. In nonresidential districts, privately catered events, such as wedding receptions, shall be permitted. In any district, eating facilities shall not be open to the general public.

[6] In residential districts, there shall be no use of windows for display or advertising visible outside the premises to attract guests other than a single, nonilluminated sign, which may not exceed four square feet in area. In nonresidential districts, the requirements of Article XIV, Signs, shall apply.

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

[8] The use of amenities provided by the bed-and-breakfast, such as porches, swimming pools and tennis courts, shall be restricted in use to guests of the establishment. The use of active outdoor recreation amenities shall be limited to the hours of 8:00 a.m. to 10:00 p.m.

[9] Bed-and-breakfasts shall be served by a public sewage system. The applicant shall submit documentation that the proposed use can be adequately served by the Municipal Authority.

[10] One off-street parking space shall be provided for each guest room, plus one space for each nonresident employee, plus the required spaces for a single-family detached dwelling. The off-street spaces shall be located to the side or rear of the main dwelling and screened from the roadway and adjacent properties by fencing or vegetation.

[11] A bed-and-breakfast inn designated as a historic resource requires approval of a certificate of appropriateness in accordance with Article X.

(3) Temporary residential accessory uses and structures. The following uses and structures shall be permitted as a temporary accessory use on a residential lot, provided that they meet the standards below:

(a) A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the following provisions:

[1] The time period of the initial permit shall be six months. The permit may be renewed for three-month time periods, provided that the applicant can demonstrate reasonable progress towards the completion of the project necessitating the temporary structure or use.

[2] Such structure shall be removed completely within 30 days of the expiration of the permit without cost to the City.

[3] A temporary structure, garage or partial structure can be used for temporary dwelling purposes subject to the following:

[a] The structure is used to temporarily house residents displaced from the principal residence due to damage which has made the structure uninhabitable while the principal dwelling is being repaired.

[b] The use is located on the same lot as the principal dwelling.

[c] Cooking and sanitary facilities must be provided.

[d] The structure complies with applicable Building Code requirements.

(b) Garage or yard sales. The temporary display and sale of goods and crafts items on a residentially used property shall be subject to the following provisions:

[Amended 3-26-2012 by Ord. No. 1374-2012]

[1] Community-wide garage or yard sales shall be permitted on two occasions, once in the Spring and once in the Fall at such dates as are set by resolution of City Council.

[2] In addition to the community-wide garage or yard sales, such temporary uses shall be limited to occurrences of not more than two consecutive days and not more than two times within one calendar year. There shall be at least a thirty-day period between such occurrences.

[3] Signs advertising garage sales shall be posted no more than two days prior to the first day of the sale and shall be removed on the final day of the sale. No more than two off-premises signs shall be placed, which must be approved by the owners of the property on which they are placed and subject to the requirements as more specifically set forth in Article XIV, Signs, § 224-71M.

(4) Prohibited residential accessory uses and structures. The following uses and structures shall not be permitted on a residential lot:

(a) Outside storage of unregistered or abandoned vehicles.

(b) Outside storage of automotive parts and accessories.

(c) Outside storage or parking of commercial vehicles except in accordance with Subsection B(1)(a)[4].

(d) Outside storage of construction material for any structure other than those on the property.

(e) Display of merchandise to be sold, either outside or visible from the outside, except as permitted for a garage or yard sale in accordance with Subsection B(3)(b).

C. Nonresidential accessory uses and structures. The following uses and structures shall be permitted as accessory to any permitted commercial, business, industrial or institutional use, provided that they meet the definition contained herein of "accessory," the universal provisions of Subsection A, any regulations of this chapter which apply to the principal use and the nonresidential accessory use standards of this section.

(1) Customary nonresidential accessory uses and structures. The following customary accessory uses and structures shall be permitted on a nonresidential lot when they meet the definition of "accessory" and applicable permits are obtained in accordance with § 224-79. Such permitted uses and structures include, but are not limited to, the following:

(a) Lighting, in accordance with § 224-50.

(b) Off-street parking, in accordance with Article XIII.

(c) Loading and unloading facilities, in accordance with Article XIII.

(d) Signs, in accordance with Article XIV.

(2) Ancillary nonresidential accessory uses and structures. An ancillary accessory use or structure is a noncustomary accessory use or structure, which shall only be permitted on a nonresidential lot when it meets the definition contained herein for "accessory uses and structures" and the following conditions:

(a) A development plan is filed in accordance with Chapter 197, Subdivision and Land Development.

(b) Applicable zoning, building and certificate of occupancy permits are obtained in accordance with § 224-79.

(c) A conditional use permit has been obtained for any use or structure which is detached from the principal use or which generates traffic, parking or stormwater impacts over and above the rates that exist with the principal use.

(d) The ancillary uses below may be permitted as accessory to the principal uses in this section if all other applicable requirements are met.

Ancillary Accessory Uses and Structures
Ancillary Accessory Use or Structure	Principal Use
Convenience store	Gas station, life-care facility, mass transit terminal or hospital
Gas station	Car wash, convenience store or auto service
Public or semipublic swimming pool	Hotel, motel, recreation area, community center, multifamily complex, mobile home parks, health/recreation spa, educational use or life-care facility
Day-care facility	Community center, educational use, office complex, office park, industrial complex, industrial park or religious use
Financial institution	Office complex, office park, industrial complex or industrial park
Restaurant	Hotel, motel, office complex, office park, industrial complex or industrial park

(3) Temporary nonresidential accessory uses and structures. The following temporary accessory uses and structures shall be permitted on a nonresidential lot, provided that they meet the standards below:

(a) A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the following provisions:

[1] The time period of the initial permit shall be six months. The permit may be renewed for three-month periods, provided that applicant can demonstrate reasonable progress towards the completion of the project necessitating the temporary use or structure.

[2] Such structure shall be removed completely within 30 days of the expiration of the permit without cost to the City.

(b) A temporary permit may be issued for a structure used to temporarily house operations that have been displaced from the principal building due to damage which has made the structure uninhabitable, subject to the following provisions:

[1] The temporary structure shall only remain in use until the principal building has been repaired. The time period of the initial permit shall be six months. The permit may be renewed for three-month periods, provided that applicant can demonstrate reasonable progress towards the completion of the project necessitating the temporary use or structure.

[2] The use shall be located on the same lot as the principal use.

[3] Such structure shall be removed completely within 30 days of the expiration of the permit without cost to the City.

(c) A temporary community event, including but not limited to carnivals, circuses, flea markets, public exhibitions, auctions, picnics, air shows, suppers for fundraising and similar organization activities, shall be permitted subject to the following:

[1] Such events shall have obtained a permit from the City. The applicant shall provide the City with plans to ensure adequate parking, emergency access, road access, sanitary facilities, refuse collection, noise control and cleanup after the event.

[2] Signs advertising a temporary community event shall be subject to the following provisions:

[a] Such signs shall comply with the provision of Article XIV, Signs, in regard to size and placement.

[b] Such signs shall be posted not more than 14 days prior to the first day of the event and shall be removed on the final day of the event.

[c] No more than four off-premises signs shall be placed. The location of the off-premises signs must be approved by the owners of the properties upon which they are to be placed.

(4) Prohibited nonresidential accessory uses and structures. The following uses and structures shall not be permitted as accessory uses or structures on a nonresidential lot:

(a) The storage of unregistered or abandoned vehicles, except in garages.

(b) The use of vehicles or trailers for temporary or permanent business operations or storage except in accordance with Subsection C(3).

§ 224-60 Principal uses and structures.

A. Residential uses. Residential uses shall comply with the use standards for the zoning district in which they are located, the lot area, setback, and bulk standards of the Table of Residential Neighborhood District Lot Area, Bulk and Coverage Requirements and the Table of Residential Conservation District Lot Area, Bulk and Coverage Requirements[1] and all other applicable standards of this chapter and other ordinances. Area and bulk standards for mobile home parks shall be as indicated in Subsection A(2) below. In addition, the following supplemental standards shall apply to the specific residential uses listed below:

(1) Multifamily housing.

(a) If the proposal involves an adaptive reuse, the requirements of § 224-61, Conversion of uses, shall be met.

[Amended 6-27-2011 by Ord. No. 1350-2011]

(b) Multifamily dwelling units shall not be located in a below-ground basement where the exterior grade is more than halfway up the height of the exterior wall unless there is at least one exterior facade where the unit is at grade with the ground outside.

(c) Pedestrian-access facilities shall be provided to the public rights-of-way at the perimeter of the property.

(d) Each dwelling unit shall have direct access to the outdoors or to a common hall from which there is direct access to the outdoors.

(e) Each dwelling shall have separate kitchen and bathroom facilities.

(f) Each dwelling unit shall meet the following minimum size requirements:

	Number of Bedrooms	Gross Floor Area of Dwelling Unit (square feet)
	0 (efficiency)	400
	1	500
	2	650
	3	800
	Each additional bedroom	120 additional

(g) Where condominium ownership of the dwelling units is proposed, an approved homeowners' association document, in accordance with § 224-54E(5), Homeowners' association, shall be submitted.

(2) Mobile home park. A mobile home park, where permitted, shall comply with the site design standards of Article XIII of Chapter 197, Subdivision and Land Development, and all applicable standards of this chapter. Plans for a proposed mobile home park shall be submitted in accordance with the plan submittal and review procedures of Chapter 197, Subdivision and Land Development.

(a) Area, bulk and setback standards. Area, bulk and setback standards shall be as follows:

[1] Mobile home tract:

[a] Minimum tract size: 150,000 square feet.

[b] Minimum tract width: 100 feet at street line.

[c] Minimum open space: 20%.

[2] Mobile home lots:

[a] Minimum lot size:

[b] Single-wide: 3,000 square feet.

[c] Double-wide: 5,000 square feet.

[d] Minimum lot width: 25 feet.

[e] Maximum lot coverage: 40%.

[f] Maximum gross density: eight homes per acre.

[g] Mobile home setback requirements.

[h] From public street right-of-way or tract line: 30 feet.

[i] From cartway line of park street: 15 feet.

[j] From another mobile home: 20 feet.

[k] Accessory uses: from park street: 10 feet; from public street: 30 feet.

(b) Service buildings. Within a mobile home park, nonresidential uses, such as a management office, storage facilities for the park residents, laundry facilities, maintenance building and a community room for the use of park residents, may be constructed. A maximum of 10% of the site area may be used for these purposes. When computing the area, buildings, parking and buffer yard requirements shall be included.

(c) Recreational facilities. A minimum of 25% of the required open space must be used for recreational facilities or areas, such as playgrounds, tennis or basketball courts, or other recreational facilities approved by the City Council. Recreation areas shall be of a size, shape and grade that is conducive to active recreation.

(d) Parking shall be provided in accordance with the requirements of § 197-91H of Chapter 197, Subdivision and Land Development.

(e) Buffering and landscape requirements of this chapter and § 197-91J of Chapter 197, Subdivision and Land Development, shall be met.

[1] Editor's Note: These tables are included at the end of this chapter.

B. Public/institutional uses. Public/institutional uses shall comply with the use standards for the zoning district in which they are located, the lot area, setback and bulk standards of Subsection A and all other applicable standards of this chapter and other ordinances. In addition, the following supplemental standards shall apply to the specific public/institutional uses listed below:

(1) Day-care center. Day-care centers include those facilities in which care is provided for children and where the child-care facility is not being used for a family residence. Such a facility shall be subject to the following regulations:

(a) An outdoor play area shall be provided. This area shall be located to the side or rear of the building. The minimum required size of the outdoor play area shall be 200 square feet per child.

(b) The outdoor play area shall be enclosed by a fence or natural barrier suitable to restrict children within the play area.

(c) Rear and side yards shall be sufficiently screened so as to protect adjacent residential area from inappropriate noise and disturbance.

(d) Safe, off-street passenger unloading space and adequate stacking capacity shall be provided to prevent interference with traffic flow on any adjacent street or road. One unloading space per 20 children shall be provided.

(e) Prior to the issuing of a permit by the Code Enforcement Officer, the applicant shall have received and hold all pertinent approvals and licenses from appropriate state or county agencies as a condition of permit approval and continuation. Where applicable, the use shall also be subject to review and approval by the Zoning Hearing Board as a special exception before a permit is issued.

(f) When used in combination with another nonresidential use, a permit shall be required for each use.

(2) School/educational facility.

(a) A public or private school which is not conducted as a private gainful business and is licensed under the proper governmental authority shall be subject to the following provisions:

[1] Access shall be taken from a major or minor collector as defined in Chapter 197, Subdivision and Land Development.

[2] Outdoor play areas shall be a minimum of 50 feet from side and rear property lines. Outdoor play areas shall be sufficiently screened to protect adjacent residential neighborhoods from inappropriate noise and other disturbances.

(b) A commercial (for-profit) school, including trade or professional schools and art, music or dancing schools, shall only be permitted in nonresidential zoning districts.

(3) Rooming/boarding house. A dwelling used for the housing of roomers, boarders or lodgers with or without common eating facilities, including dormitories, fraternity or sorority houses or other buildings of charitable, educational or philanthropic use, shall be subject to the following provisions:

(a) Individual rooming units shall not contain kitchen and cooking facilities.

(b) Each rooming unit shall have at least 250 square feet of floor area.

(c) No more than one resident shall be permitted per rooming unit unless they are related by blood or marriage, in which case two residents per room shall be permitted.

(d) Residents shall have access to the common areas of the rooming/boarding house and shall share a common outside access.

(4) Group quarters. Group quarters include living arrangements for up to five unrelated individuals that do not meet the definitions of "family" or "group home." This may include a licensed community-based facility which provides lodging, habilitative services or meals to clients, where supervision is provided seven days a week, 24 hours a day, or is staffed continuously by the provider whenever the structure is occupied. Such a facility shall comply with the following standards:

(a) Group quarters shall only be permitted in detached buildings.

(b) The number of persons living in group quarters shall not exceed five. Support staff, which does not reside at the group quarters, shall not be included in the maximum number.

(c) Group quarters must be sponsored and operated by a group, organization or corporation licensed by either the county or state. Proof of licensing shall be submitted with applications for group quarters use. Proof of compliance with all applicable county or state regulations shall be furnished to the Code Enforcement Officer prior to the granting of the zoning permit.[2]

(4.1)

Group homes. [Added 11-9-1998 by Ord. No. 1090-98; amended 2-23-2015 by Ord. No. 1444-2015]

[1] Group homes shall be permitted in any residential dwelling.

[2] The number of persons living in the group home shall have an occupancy permit from the State Department of Labor and Industry.

[3] Group homes must be sponsored and operated by a group, organization or corporation licensed by either the county or state. Proof of licensing shall be submitted with the application for group home use. Proof of compliance with all applicable county or state regulations shall be furnished to the Codes Department prior to granting of any permits.

[2] Editor's Note: Former Subsection B(4)(d), which immediately followed this subsection, pertaining to number of group homes per block, was repealed 8-14-2000.

(5) Life-care facility. A life-care facility provides for the transitional residency of elderly and/or disabled persons, progressing from independent living in single-family units to congregate apartment living where residents share common meals and culminating in a full health- and continuing-care nursing home facility. A life-care facility shall comply with the following standards:

(a) The life-care facility shall be designed specifically for the needs of the elderly. The proposed design shall provide efficient pedestrian access between dwelling units, parking, community facilities, recreation or open space areas and mass transit facilities.

(b) The following ancillary accessory uses may be included when designed for the exclusive use of residents: community center, intermediate-care facility, nursing facility, health center, common dining facility, administrative offices, recreation facilities and retail or service facilities.

(c) A life-care facility shall have direct access to a street serving as a collector road or greater function as defined in Chapter 197, Subdivision and Land Development.

(d) Each life-care facility shall provide an outdoor sitting facility. The sitting area shall be landscaped and shall not be located adjacent to parking lots, major collector streets or detention or retention basins, unless adequate screening is provided. Sitting areas shall not be located on slopes of over five-percent grade.

(e) Residency requirements. Residents must be at least 55 years of age or physically disabled.

(f) The maximum density shall be 10 dwelling units per acre.

(g) Nursing facilities within a life-care facility shall be designed for the temporary and long-term care of the residents. Long-term nursing beds within the facility shall not exceed one bed per three dwelling units. Two beds shall be equivalent to one dwelling unit in the determination of density.

(h) Where the life-care facility is not located within 1/4 mile to basic services, such as post office, bank, grocery store, library, public transportation, etc., the developer shall outline a transportation service for the residents to be provided by the owner or manager, providing access to these facilities at reasonable intervals.

(6) Nursing home. A nursing home provides bed care or chronic or convalescent care for persons who, by reason of illness, physical infirmity or age, are unable to properly care for themselves. A nursing home facility shall comply with the following standards:

(a) Nursing and medical care shall be prescribed and performed under the general direction of persons licensed to provide such care or services in accordance with state laws.

(b) A minimum lot area of 750 square feet per bed shall be provided.

(c) Each nursing home facility shall provide an outdoor sitting facility. The sitting area shall be landscaped and shall not be located adjacent to parking lots, major collector streets or detention or retention basins unless adequate screening is provided. Sitting areas shall not be located on slopes of over five-percent grade.

(7) Hospital. A hospital is an accredited general medical facility within which the diagnosis, treatment and care of human ailments is performed primarily on an inpatient basis. Such use shall comply with the following standards:

(a) Access shall be taken from a collector street as defined in Chapter 197, Subdivision and Land Development.

(b) Where the use adjoins existing residential uses, care shall be taken to locate emergency and service entrances where they are not objectionable to adjoining neighbors.

(8) Community utility. A community utility refers to a building, structure or use which is operated, owned or maintained by a public utility corporation, municipality or municipal authority or which is privately owned and approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal and/or treatment or public water supply, storage and/or treatment or for the purpose of providing transmission of energy or telephone service. Such use shall meet the following standards:

(a) The installation shall be essential in serving the immediate community.

(b) No public business office or any storage yard or storage building shall be operated in connection with the use.

(c) No facility or projecting area thereof as viewed in the plan view shall occupy greater than 10% of the property on which it is located.

(d) When located adjacent to a residential use or a residential district, a Class B buffer, as defined in § 224-51B, shall be provided between the utility and the residential use or district.

(9) Radio, television or microwave transmitter. A radio, television or microwave transmitter shall include a transmitting or relay tower and supportive buildings and shall comply with the following standards:

(a) Such transmitter shall be set back a minimum of 50 feet or one and one-half (11/2) times its height, whichever is greater, from its property line.

(b) Such transmitter shall be licensed by the Federal Communications Commission.

(c) No public business office or any storage yard or storage building shall be operated in connection with the use.

(d) No facility or projecting area thereof as viewed in the plan view shall occupy greater than 10% of the property on which it is located.

(e) When located adjacent to a residential use or a residential district, a Class B buffer, as defined in § 224-51B, shall be provided between the use and the residential use or district.

C. Commercial uses. Commercial uses shall comply with the use standards for the zoning district in which they are located, the lot area, setback and bulk standards of the Table of Commercial Use Lot Area, Setback and Bulk Standards[3] and all other applicable standards of this chapter and other ordinances. In addition, the following supplemental standards shall apply to the specific commercial uses listed below:

(1) Retail center/retail complex. A retail center involves two or more retail or service uses located in one building; a retail complex involves two or more retail or service uses located in two or more buildings on a single lot. Both uses are preplanned and designed as a group of related uses or structures and circulation patterns. A retail center or complex shall comply with the following standards. The standards below shall also apply to a single proposed retail use 15,000 square feet or more in gross floor area.

(a) When located adjacent to a residentially zoned district or existing residential development, no parking, loading or service area shall be located less than 15 feet from the adjacent property line.

(b) Primary access shall be from a collector street as defined by Chapter 197, Subdivision and Land Development.

(c) Parking lot design and landscaping shall be in accordance with the requirements of Chapter 197, Subdivision and Land Development.

(d) Signs, lighting, outdoor storage, screening and access shall be in accordance with the applicable sections of this chapter.

(e) Establishments furnishing shopping carts shall provide defined areas on the site for storage of such carts, which shall be clearly marked and designed for their storage.

(f) Trash receptacles for patron use shall be provided outside any establishment with takeout service or convenience shopping.

(g) Sidewalks shall be provided along all street frontage. Pedestrian access to sidewalks and mass transit stops on or adjacent to the property shall be provided.

(2) Restaurant, fast-food. A fast-food restaurant is a commercial establishment that offers quick food service, which is accomplished through a limited menu of items prepared and held for service or prepared quickly. Generally, orders are not taken at the customer's table and food is served in disposable wrapping or containers. Such use shall comply with the following standards:

(a) When the use is adjacent to or on the same lot with a group of commercial facilities, it shall use the common access with the other business establishments and not have a separate access to the abutting collector street.

(b) Sidewalks shall be provided along all street frontage. A pedestrian walkway shall be provided from the entrance of the restaurant to the sidewalk adjacent to the street.

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

(d) A trash storage area shall be provided which is designed to be screened from the street and adjacent properties to prevent trash from blowing from the area and to permit safe and easy trash removal.

(e) In addition, the following standards shall apply to a fast-food restaurant with a gross floor area of 1,800 square feet or greater:

[1] The use shall have direct access to a collector street as defined by Chapter 197, Subdivision and Land Development.

[2] There shall be only one point of ingress and one point of egress to the collector street.

[3] The access shall be at least 40 feet from street intersections. The distance shall be measured from the street right-of-way to the edge of the access driveway.

(f) A fast-food restaurant with drive-through service shall also comply with the standards of Subsection C(3) below.

(3) Restaurant, drive-through. A drive-through restaurant is a commercial establishment which delivers prepared food and beverages to waiting customers in motor vehicles for consumption on or off premises. Such use shall comply with the following standards:

(a) The use shall have direct access to a collector street as defined by Chapter 197, Subdivision and Land Development.

(b) There shall be only one point of ingress and one point of egress to the collector street.

(c) The access shall be at least 40 feet from street intersections. The distance shall be measured from the street right-of-way to the edge of the access driveway.

(d) When the use is adjacent to or on the same lot with a group of commercial facilities, it shall use the common access with the other business establishments and not have a separate access to the abutting collector street.

(e) Drive-through service windows shall have a vehicle stacking lane which can accommodate a minimum of eight cars. The stacking lane shall not be used for parking lot circulation aisles, nor shall it conflict in any way with circulation or parking. The drive-through window shall not be located adjacent to a residential use or residential zoning district.

(f) Sidewalks shall be provided along all street frontage. A pedestrian walkway shall be provided from the entrance of the restaurant to the sidewalk adjacent to the street.

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

(h) A trash storage area shall be provided which is designed to be screened from the street and adjacent properties to prevent trash from blowing from the area and to permit safe and easy trash removal.

(i) Where a drive-through restaurant is also a fast-food restaurant, the standards of Subsection C(2) above shall also apply.

(4) Financial institution with drive-through service windows or drive-through automated tellers. Banks, savings and loan associations, credit unions and other financial establishments proposed in conjunction with drive-through windows or drive-through automated tellers shall comply with the following standards:

(a) The use shall have direct access to a collector street as defined by Chapter 197, Subdivision and Land Development.

(b) There shall be only one point of ingress and one point of egress to the collector street.

(c) The access shall be at least 40 feet from street intersections. The distance shall be measured from the street right-of-way to the edge of the access driveway.

(d) Drive-through windows or automated tellers shall have a vehicle stacking lane which can accommodate a minimum of six cars. The stacking lane shall not be used for parking lot circulation aisles, nor shall it conflict in any way with circulation or parking.

(5) Auto service/gas station/car wash facility. Commercial establishments involving the retail sales of vehicular fuel or automotive repair or service or a car wash facility shall comply with the following standards:

(a) For gas station or car wash facilities, access to streets shall be at least 40 feet from the intersection of any street.

(b) Fuel pumps shall be at least 25 feet from any street right-of-way.

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

(d) All automotive repair or service activities, except those performed at the fuel pumps, shall take place within a completely enclosed building.

(e) Vehicles shall not be stored outdoors more than five days while waiting for repairs unless such vehicles are completely screened from view; junk vehicles may not be stored in the open at any time.

(f) Stacking spaces for fuel pumps and car wash bays shall not interfere with circulation or parking on the remainder of the lot. Stacking room for vehicles shall be provided as follows:

[1] Fuel pumps: stacking room for two vehicles at each fuel pump island in addition to the space required adjacent to each pump.

[2] Car wash bay: stacking room for four vehicles at each entrance and two drying spaces at each exit.

(6) Amusement hall/arcade. An amusement hall or arcade is an entertainment facility operated as a gainful business within a building or structure, providing three or more automatic amusement devices or games, including pool or billiard rooms or similar facilities. Such use shall comply with the following standards:

[Amended 4-28-1997 by Ord. No. 1047-97]

(a) No audio speakers or equipment shall be installed inside or outside the location of such use which would cause sound to emanate to the exterior of the premises.

(b) Such use shall only be operated between the hours of 10:00 a.m. and 10:00 p.m.

(c) This use shall not be located within 1,000 feet of a public or private school.

(7) Adult entertainment uses. Such uses shall comply with the following standards:

[Amended 4-28-1997 by Ord. No. 1047-97]

(a) Statement of Purpose.

[1] Because adult entertainment uses tend to bring with them secondary concerns that impact on the health, safety and general welfare concerns of the City of Coatesville, the City desires to restrict or limit the location where such uses can locate.

[2] The City does not intend to effect or suppress any activities protected by the First Amendment of the United States Constitution, but instead address these secondary effects. Neither is it the intent nor effect of these ordinance provisions to condone or legitimize the distribution of obscene material. Neither is it the intent to permit any use which is prohibited by the provisions of any other city code or ordinance.

[3] Based on evidence concerning the adverse secondary effects of adult uses on the community from findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Northend Cinema, Inc. v. Seattle, 585 P.2d 1153 (Wash. 1978), and on studies in other communities, including but not limited to Phoenix, Arizona; Minneapolis, Minnesota; Saint Paul, Minnesota; Manatee County, Florida; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Los Angeles, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; and Beaumont, Texas; and also on findings found in the Report of Attorney General's Working Group on the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the City Council finds that the following concerns are associated with the establishment of these uses in the City of Coatesville:

[a] Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that may go uncontrolled by the operators of the establishments. Further, there is recently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.

[b] Certain employees of sexually oriented businesses defined in this chapter as adult theatres and cabarets engage in a higher incident of certain types of sexually oriented behavior at these businesses than employees of other establishments.

[c] Sexual acts, including masturbation and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos or live sex shows, as defined under this chapter as adult bookstores, adult novelty shops, adult video stores, adult motion-picture theatres or adult arcades.

[d] Offering and providing such space encourages such activities, which create unhealthy conditions.

[e] Persons frequent certain adult theatres, adult arcades and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.

[f] At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including but not limited to syphilis, gonorrhea, human immunodeficiency virus infection (AIDS), genital herpes, hepatitis B, Non B amebiasis, salmonella infections and shigella infections.

[g] Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States: 600 in 1982, 2,200 in 1983, 4,600 in 1984, 8,555 in 1985 and 253,448 through December 31, 1992.

[h] As of May 1, 1995, there have been 13,559 reported cases of AIDS in the State of Pennsylvania.

[i] Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV antibody test in Chester County, Pennsylvania.

[j] The number of cases of early (less than one year) syphilis in the United States reported annually has risen, with 33,613 cases reported in 1982 and 45,200 through November of 1990.

[k] The number of cases of gonorrhea in the United States reported annually remains at a high level, with over 500,000 cases being reported in 1990.

[l] The Surgeon General of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components and from an infected mother to her newborn.

[m] According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

[n] Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

[o] Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view adult oriented films.

[p] The findings noted in Subsection C(7)(a)[3][a] through [o] raise substantial governmental concerns.

(b) Design requirements. The purpose of these design requirements is to minimize, where conditions permit, the secondary concerns which include difficulties for law enforcement, municipal maintenance, trash, deleterious effects on business and residential property values, increased crime, particularly corruption of the morals of minors, and prostitution and encourage residents and businesses to move elsewhere.

[1] Yard and area regulations.

[a] In addition to the lot area, setback and bulk standards applicable to uses permitted pursuant to the provisions of § 224-18.1, no adult entertainment use shall be located:

[b] Within 1,000 feet of a public or private school.

[c] Within 500 feet of any residential use or district, religious use, active or passive recreation facility or community center.

[d] Within 500 feet of a similar use.

[e] Within 200 feet of a licensed premises, licensed pursuant to the alcoholic beverage control regulations of the Commonwealth of Pennsylvania.

[f] Within 100 feet of an entertainment business which is oriented primarily towards children and family entertainment.

[g] No person under the age of 18 years of age shall be permitted within an adult entertainment use.

[h] No materials sold shall be visible from any window, door or exterior of the building.

[2] For the purpose of Subsection C(7)(b)[a], [b] and [c], the lot area, setback and bulk standards measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a use. Presence of a municipal, county or other political subdivision boundary shall be irrelevant for the purposes of calculating and applying the distance requirements of this section.

(c) Data. Sufficient additional data shall be submitted to enable the Planning Commission and the City Council to determine that the requirements of this and other ordinances of the City relevant to the proposed use have been fulfilled and that the owners and operators of proposed adult entertainment facilities demonstrate a desire and ability to comply with the ordinances of the City and to prevent their establishments from being used for any illegal activities.

(d) Adult entertainment uses must maintain any license or permit required by the state and must operate in conformance with all requirements of the Pennsylvania Crimes Code. No alcoholic beverages can be served at any adult entertainment use.

(8) Office center/office park. An office center is a structure or building containing two or more offices that share common facilities, such as parking, signs or entryways. An office park is a tract of land designed and developed from a single, unified plan involving the layout of several lots, buildings, access streets, landscaping and other improvements typically in a campus-like setting. The following standards shall apply to all office parks and to any office center with more than 5,000 square feet of gross leasable floor area:

(a) When located adjacent to a residentially zoned district or existing residential development, no parking, loading or service area shall be located less than 15 feet from the adjacent property line.

(b) Primary access shall be from a collector street as defined by Chapter 197, Subdivision and Land Development.

(c) Sidewalks shall be provided along all street frontage. Pedestrian access to sidewalks and mass transit stops on or adjacent to the property shall be provided.

[3] Editor's Note: This table is included at the end of this chapter.

D. Industrial uses. Industrial uses shall comply with the use standards for the zoning district in which they are located, the lot area, setback and bulk standards of the Table of Industrial Use Lot Area, Setback and Bulk Standards[4] and all other applicable standards of this chapter and other ordinances. In addition, the following supplemental standards shall apply to the specific industrial uses listed below:

(1) Industrial center. An industrial center is a structure or building which contains two or more industrial uses that share common facilities, such as parking, signs or entryways. Such use shall comply with the following standards:

(a) There shall be a minimum of 10,000 square feet of lot area per use in the industrial complex building.

(b) Access for the center shall be from a collector street as defined by Chapter 197, Subdivision and Land Development.

(c) Sidewalks shall be provided along all street frontage. Pedestrian access to sidewalks and mass transit stops on or adjacent to the property shall be provided.

(d) All loading and outside storage shall be located to the side or rear of the building.

(e) The applicant shall submit a plan for the overall design and improvements of the industrial center.

(f) The proposed development shall be served by public water and sewage, the adequacy of which shall be demonstrated prior to plan approval.

(2) Industrial park. An industrial park is a grouping of two or more industrial establishments in separate buildings, developed according to a single, unified plan, involving the layout of several lots, buildings, access streets, utilities, landscaping and other improvements. Such use shall comply with the following standards:

(a) The minimum lot size for the individual structures within the industrial park shall be 20,000 square feet.

(b) At least 70% of the total floor area of the park shall be devoted to industrial uses.

(c) Access for the park shall be from a collector street as defined by Chapter 197, Subdivision and Land Development.

(d) Sidewalks shall be provided along all street frontage. Pedestrian access to sidewalks and mass transit stops on or adjacent to the property shall be provided.

(e) All uses within the industrial park shall take access from an interior roadway. Interior roadways shall have street trees in accordance with the requirements of § 197-49 of Chapter 197, Subdivision and Land Development.

(f) All loading and outside storage shall be located to the side or rear of the buildings.

(g) The applicant shall submit a plan for the overall design and improvements of the industrial park.

(h) The proposed development shall be served by public water and sewage, the adequacy of which shall be demonstrated prior to plan approval.

(3) Miniwarehouses/public warehouse. Miniwarehouses are storage units provided for lease to the public for the purpose of storage of personal property and in which each storage unit has direct access from the outside. A public warehouse is a single structure providing individual storage of personal property where access to the majority of the storage units is made through a main entrance into the building. Such uses shall comply with the following standards:

(a) Access shall be from a collector street as defined by Chapter 197, Subdivision and Land Development.

(b) Preliminary plans shall be reviewed and subject to approval by city police and fire officials regarding security and fire protection.

(c) Storage of explosive, radioactive, toxic, highly flammable or otherwise hazardous materials shall be prohibited.

(d) All storage shall be within closed buildings except as noted below in Subsection D(3)(g)[3].

(e) No business activity other than the leasing of storage units shall be permitted.

(f) The construction of new miniwarehouses or public warehouses shall not be permitted within the Floodplain Conservation Overlay District as defined in Article VIII of this chapter. Where public warehouses are located in existing buildings in the Floodplain Conservation Overlay District, the storage areas shall be located above the one-hundred-year floodplain elevation and all applicable requirements of the Floodplain Conservation Overlay District shall be met.

(g) In addition to the above standards, miniwarehouses shall also comply with the following:

[1] The minimum aisle width between buildings shall be 15 feet. Additional width shall be provided to accommodate a ten-by-twenty-foot parking space in front of each storage unit.

[2] Each structure shall not exceed 6,000 square feet in size and shall be built on a permanent foundation of durable material. Trailers, boxcars or similar structures shall not be used for storage.

[3] Outdoor storage shall comply with the following requirements:

[a] Outdoor storage of automobiles, boats and recreation vehicles is permitted, provided that they are screened so as not to be visible from adjacent streets or properties.

[b] A maximum of 20% of the total site area may be used for such outdoor storage.

[c] Stored vehicles shall not interfere with traffic movement through the complex.

[4] The storage facilities shall be surrounded by a fence at least eight feet in height, of a type approved by the City.

(4) Recycling center. A recycling center is a business that accumulates material, such as paper, glass, aluminum and plastic, that is no longer useful for its intended purpose. The materials are then used or sold to another business as a raw material which can be used to manufacture a new product. Such use shall comply with the following standards:

(a) Operation of a recycling facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania, the rules and regulations of the Department of Environmental Protection (PaDEP) and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of PaDEP, the more restrictive regulations shall supersede and control.

[Amended 3-25-1996 by Ord. No. 1012-96]

(b) Storage of recycled material shall:

[1] Be within containers that prevent the material from being carried from the site by wind or water.

[2] Prevent the inhabitation of vectors.

[3] Be set back a minimum of 100 feet from a property line or street line.

(c) Any materials stored outdoors shall be properly screened so as not to be visible from any adjacent streets or property. The storage of paper shall be within a building.

(d) Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every recycling center shall be protected by locked barricades, fences, gates or other means designed to deny access to the area at unauthorized times or locations. Such barricades shall be at least six feet high and shall be kept in good repair and neatly painted in a uniform color.

(e) Litter control shall be exercised to confine blowing litter to the work area, and a working plan for cleanup of litter shall be submitted to the City. To control blowing paper, a fence shall be erected with a minimum height of six feet, with openings not more than three inches by three inches, along all boundaries.

(f) A Class D buffer shall be required between the fence and the street line and along any edge of the property adjacent to a residential use or district. (See § 224-51B, Buffering.)

(g) Unloading of materials shall be continuously supervised by a facility operator.

(h) Hazardous waste included on the list of hazardous waste maintained by the Department of Environmental Protection shall not be disposed of at a recycling center. No municipal or solid waste or hazardous waste shall be processed or stored at a recycling center.

[Amended 3-25-1996 by Ord. No. 1012-96]

(i) When this use is combined with a transfer station, the separation of material shall be done so that the recycling process does not interfere with the prompt disposal of the municipal solid waste.

(j) A zoning permit shall be obtained and renewed on an annual basis.

(5) Junkyard. A junkyard is an area of land, with or without buildings, used for the storage of used or discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. Such use shall comply with the following standards:

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

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

(c) The land area being used for junkyard purposes 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.

(d) Buffering and screening requirements shall be as follows:

[1] The junkyard shall be entirely closed by a solid fence or wall, at least eight feet high but not more than 10 feet high, constructed of plank boards, brick, cinder block or concrete, with access only through solid gates.

[2] The fence or wall shall be situated no closer to any street or property line than 30 feet.

[3] Such fence or wall shall be kept in good repair and painted a uniform color.

[4] The contents of the junkyard shall not be placed or deposited to a height greater than the height of the required wall or fence.

[5] A Class D buffer shall be required between the fence and the street line and along any edge of the property adjacent to a residential use or district. (See § 224-51B, Buffering.)

(e) 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 of materials above the ground, separation of types of materials, preventing the collection of stagnant water, extermination procedures or other means.

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

(g) No burning shall be carried on in any junkyard. Fire shall be prevented and hazards avoided by organization and segregation of stored materials, with particular attention to the separation 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 in width for escape and fire-fighting and by other necessary measures.

(h) All vehicles shall be drained of liquid before they are placed in the junkyard. An impervious pad, free of cracks and sufficiently large for draining liquids from all vehicles, shall be provided. The pad should be sloped to drain to a sump or holding tank, and 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 Department of Environmental Protection rules and regulations.

[Amended 3-25-1996 by Ord. No. 1012-96]

(i) A zoning permit shall be obtained and renewed on an annual basis.

(j) Outside storage of motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation, wrecked or broken vehicles or the major parts of such vehicles shall only be permitted in a licensed junkyard.

(6) Transfer station. A transfer station is a facility where municipal solid waste is delivered for the purpose of compacting the material into larger vehicles for transport to a final disposal site or processing facility. Such use shall comply with the following standards:

(a) Operation of a transfer station shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania, the rules and regulations of the Department of Environmental Protection (PaDEP) and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of PaDEP, the more restrictive regulations shall supersede and control.

[Amended 3-25-1996 by Ord. No. 1012-96]

(b) Litter control shall be exercised to confine blowing litter to the work area, and a working plan for cleanup of litter shall be submitted to the City. To control blowing paper, a fence shall be erected with a minimum height of six feet, with openings not more than three inches by three inches, along all boundaries.

(c) A Class D buffer shall be required between the fence and the street line and along any edge of the property adjacent to a residential use or district. (See § 224-51B, Buffering.)

(d) Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every transfer station shall be protected by locked barricades, fences, gates or other means designed to deny access to the area at unauthorized times or locations. Such barricades shall be at least six feet high and shall be kept in good repair and neatly painted in a uniform color.

(e) The entire transfer process, which includes unloading, compaction and loading onto the transfer trucks, shall occur inside a building. Unloading of materials shall be continuously supervised by a facility operator.

(f) Municipal solid waste shall not remain on the site for more than 72 hours.

(g) At the end of each workday, all municipal solid waste shall be compacted in a transfer container. Oversized items and items that cannot be compacted because of their size or construction shall be stored in the building. These items shall not remain on the site for more than 15 days.

(h) A contingency plan for disposal of municipal solid waste during a plant shutdown must be submitted to the City and approved by the City Council.

(i) Leachate from the municipal solid waste and water used to wash vehicles or any part of the operation shall be disposed of in a manner in compliance with PaDEP regulations. If the leachate is to be discharged to a municipal sewage treatment plant, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall the leachate be disposed of in a storm sewer, to the ground or in any other manner inconsistent with PaDEP regulation.

[Amended 3-25-1996 by Ord. No. 1012-96]

(j) Solid waste landfill operations and open burning of any materials shall be specifically prohibited.

(k) A zoning permit shall be obtained and renewed on an annual basis.

(l) A transfer station may include the separation and collection of material for the purpose of recycling if the standards of § 224-60D(4) for a recycling center are met.

(7) Solid waste landfill. A solid waste landfill is a land site on which engineering principles are used to bury deposits of solid waste without creating public health or safety hazards, nuisances, pollution or environmental degradation. Such use shall comply with the following standards:

(a) Operation of any solid waste landfill shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania, and the rules and regulations of the Department of Environmental Protection and the provisions of this chapter. In the event that any of the provisions of this part are less restrictive than any present or future rules of the Department, the more restrictive Department rules or regulations shall supersede and control in the operation of such solid waste landfill.

[Amended 3-25-1996 by Ord. No. 1012-96]

(b) Hazardous materials, including but not limited to highly flammable materials, explosives, pathological wastes and radioactive materials and liquids, shall not be disposed of in a solid waste landfill. The disposal of sewage liquids and solids shall be specifically prohibited in a solid waste landfill.

(c) Litter control shall be exercised to confine blowing litter to the work area, and a working plan for cleanup of litter shall be established. Measures shall also be provided to control dust.

(d) Suitable measures shall be taken to prevent fires by means and devices mutually agreeable to the Pennsylvania Department of Environmental Protection and the City. Burning of municipal solid waste is prohibited at a solid waste landfill.

[Amended 3-25-1996 by Ord. No. 1012-96]

(e) A solid waste landfill operation shall be under the direction at all times of a responsible individual who is qualified by experience or training to operate a landfill. Unloading of waste shall be continuously supervised.

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

(g) Salvaging shall be conducted by the operator only and shall be organized so that it will not interfere with prompt sanitary disposal of waste or create unsightliness or health hazards. The storage of salvage shall be controlled in a manner that will not permit the inhabitants or reproduction of deleterious vectors.

(h) Direct access to a major collector or highway collector, as defined by Chapter 197, Subdivision and Land Development, shall be required for the operation of a solid waste landfill.

(i) Buffering and screening requirements shall be as follows:

[1] The landfill shall be entirely closed by a fence or wall, at least eight feet high but not more than 10 feet high, constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. There shall be no openings greater than three by three inches in the fence or wall.

[2] The fence or wall shall be situated no closer to any street or property line than 50 feet.

[3] Such fence or wall shall be kept in good repair and painted a uniform color.

[4] A Class D buffer shall be required between the fence and the street line and along any edge of the property adjacent to a residential use or district. (See § 224-51B, Buffering.)

(j) A zoning permit shall be obtained and renewed on an annual basis.

(8) Solid waste incinerator. A solid waste incinerator is a facility designed to reduce municipal solid waste by combustion. This use may or may not include heat exchange equipment for energy recovery. Such use shall comply with the following standards:

(a) Operation of any incinerator shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Department of Environmental Protection and the provisions of this chapter. In the event that any of the provisions of this part are less restrictive than any present or future rules of the Department, the more restrictive Department rules or regulations shall supersede and control in the operation of such incinerator.

[Amended 3-25-1996 by Ord. No. 1012-96]

(b) Hazardous materials, including but not limited to highly flammable materials, explosives, pathological wastes and radioactive materials and liquids, shall not be disposed of in an incinerator.

(c) Litter control shall be exercised to confine blowing litter to the work area, and a working plan for cleanup of litter shall be established.

(d) Unloading of municipal solid waste shall be continuously supervised by a facility operator.

(e) All parts of the process, unloading, handling and storage of solid waste, shall occur within a building. Open burning of any materials shall be specifically prohibited.

(f) Process waste (ash) from the incinerator shall be stored in such a manner as to prevent it from being carried from the site by wind or water. This process waste shall be located at least 100 feet from any property line and stored in leakproof and vectorproof containers. Such process waste shall be disposed of in a solid waste landfill approved by PaDEP or in another manner approved by PaDEP.

[Amended 3-25-1996 by Ord. No. 1012-96]

(g) Access to the site shall be limited to posted times when an attendant is on duty. Access shall be controlled by locked barricades, fences, gates or other means designed to deny access to the area at unauthorized times or locations.

(h) Direct access to a major collector or highway collector, as defined by Chapter 197, Subdivision and Land Development, shall be required for the operation of an incinerator.

(i) Buffering and screening requirements shall be as follows:

[1] The site shall be entirely enclosed by a fence or wall, at least eight feet high but not more than 10 feet high, constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. There shall be no openings greater than three inches by three inches in the fence or wall.

[2] The fence or wall shall be situated no closer to any street or property line than 50 feet.

[3] Such fence or wall shall be kept in good repair and painted a uniform color.

[4] A Class D buffer shall be required between the fence and the street line and along any edge of the property adjacent to a residential use or district. (See § 224-51B, Buffering.)

(j) A zoning permit shall be obtained and renewed on an annual basis.

[4] Editor's Note: This table is included at the end of this chapter.

§ 224-61 Conversion of uses.

A. (Reserved)[1]

[1] Editor's Note: Former Subsection A, Residential conversions, was repealed 6-27-2011 by Ord. No. 1350-2011.

B. Adaptive reuse projects. This section applies to all proposals involving the conversion of an existing structure into some other form of permitted use. The purpose of permitting adaptive reuse projects is to promote the preservation of large older structures and historic resources in the City by providing incentives to help maintain these structures. Adaptive reuse projects shall be permitted, provided that the following standards are met:

(1) General requirements.

(a) The proposed reuse of an existing building or structure shall comply with the use requirements of the applicable base or overlay zoning district.

(b) Area and bulk requirements shall be maintained but may be modified by the City Council where the applicant has demonstrated sensitive restoration.

(c) Adaptive reuse projects that create residential living space shall meet the applicable requirements for such, as defined in § 224-60, for that portion of the project.

[Amended 6-27-2011 by Ord. No. 1350-2011]

(d) Adaptive reuse projects that involve any multifamily or nonresidential use shall satisfy the applicable supplemental regulations for such uses, as defined in this article.

(e) Evidence verifying the capability of existing or proposed services to meet the expanded needs of the proposed use shall be provided.

(f) If a proposed adaptive reuse project involves a structure which occupies a parcel which is also proposed for land development, the adaptive reuse project must be completed consecutively to or prior to the issuance of an occupancy permit for that project, otherwise an adaptive reuse shall not be permitted. This shall also apply where the structure proposed for adaptive reuse has been subdivided from a parcel within the last five years.

(2) Structural and facade alterations.

(a) Every effort shall be made to restore buildings or structures defined as historic resources to their original architectural style and scale.

[Amended 4-11-2005 by Ord. No. 1247-2005]

(b) Signage, lighting or other accessory uses or structures shall be designed in a manner which reflects the original use of structures or buildings to the extent possible for historic resources.

(c) Improvements to the exterior of historic resources beyond routine maintenance and repair shall be avoided except for safety improvements, which shall be designed to achieve the least disruption to building facades which are visible from any public right-of-way.

(d) Additional entrances to historic resources shall be placed on the side or the rear of the building, not visible from any public right-of-way, to avoid disruption of the facade.

(e) The removal or alteration of significant architectural features from historic resources to accommodate a new use shall be prohibited.

(f) Deteriorated architectural features which contribute to the character of historic resources shall be repaired rather than replaced. In the event that replacement is necessary, the new material shall match the material being replaced in composition, color, design, texture and other visual qualities.

(3) Parking and access.

(a) Off-street parking and loading facilities shall be expanded, in conformance with the requirements of this chapter; the location and design of additional facilities shall reflect the permitted use of the property.

(b) All access, off-street parking and storage requirements shall be improved to meet the requirements for the new use, as defined by this chapter.

(c) Any reuse project that involves the conversion of an existing garage into some other use must be analyzed in terms of availability of parking.

§ 224-62 Unified land development process.

[Admended 4-11-2005 by Ord. No. 1247-2005]

A. More than one principal use, building or structure may be established on a single lot where permitted, provided that all lot and yard requirements, standards and other requirements of this chapter shall be met for each use. In each case, the Code Enforcement Officer shall require suitable provision for access, as defined in § 224-53 of this chapter, in the event of potential subdivision of the tract or lot.

B. More than one principal use may be permitted in a single structure or on a lot, provided that such unified development plans meet the provisions of this section, the uses and number of uses proposed are listed as a permitted use in that district or in any overlay district, that the criteria for each use are satisfied and that all permit application and review processes are followed.

C. Unified land development plans shall use the lot area, setback, bulk and coverage requirements as defined for each use in their respective districts or in any overlay district.

D. The ground level portion of the front of a building shall be reserved for nonresidential uses in any building that contains both residential dwellings and nonresidential uses. The foregoing shall also apply to the side of a building for mixed-use buildings on a corner lot.

§ 224-62.1 Dispensary facilities.

[Added 1-12-2026 by Ord. No. 1601-2026]

A. A dispensary facility, as defined in § 224-8, Definitions, of this chapter, is permitted in a building with 5,000 square feet of gross floor area or less.

B. The following standards and specifications shall apply to a medical marijuana dispensary:

(1) A medical marijuana dispensary shall be owned and operated in accordance with all applicable laws and regulations including the Medical Marijuana Act.[1]

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

(2) A medical marijuana dispensary shall not be located within 1,000 feet of the property line of a lot that has a public, private or parochial school or family day-care home, child group day-care home or child day-care center. The measurement shall be made from the nearest point of the building or structure used as part of the premises where a medical marijuana dispensary is conducted to the nearest property line of the premises of the public, private or parochial school or family day-care home, child group day-care home or child day-care center.

(3) A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed permanent secure facility located within the Commonwealth and as approved by the Pennsylvania Department of Health or in accordance with a curbside delivery protocol as approved by the Pennsylvania Department of Health.

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

(5) A medical marijuana dispensary may not operate without a permit issued by the Pennsylvania Department of Health pursuant to the Medical Marijuana Act.

(6) The consumption of medical marijuana on the premises shall not be permitted.

§ 224-62.2 Hookah bars/lounges.

[Added 1-12-2026 by Ord. No. 1601-2026]

A. A hookah bar/lounge, as further defined in § 224-8, Definitions, of this chapter, shall be permitted by right subject to the appropriate provisions specified within this section.

B. The following standards and specifications shall apply to a hookah bar/lounge:

(1) A hookah bar/lounge shall not be located within 500 feet of the property line of a lot with a public, private or parochial school or family day-care home, child group day-care home or child day-care center. The measurement shall be made from the nearest point of the building or structure used as part of the premises where a hookah bar/lounge is conducted to the nearest property line of the premises of a public, private or parochial school or family day-care home, child group day-care home or child day-care center.

(2) Alcoholic beverages shall not be permitted to be brought onto the premises for on-premises consumption. The sale and service of alcohol shall comply with all federal, commonwealth and local laws.

(3) No person under the age of 21 years old shall be permitted to be on the premises of any hookah bar/lounge. Businesses shall be responsible for verifying the age of consumers.

(4) A hookah bar/lounge shall not be permitted to operate between the hours of 11:00 p.m. to 8:00 a.m.

(5) Ventilation. Any establishment that will allow smoking on site shall provide adequate ventilation. The ventilation shall, at a minimum, prevent smoke and vapors from migrating into adjacent buildings and/or suites and to outdoor public areas. A mechanical exhaust hood system shall be required if an establishment heats coals indoors.

§ 224-62.3 Tobacco stores/smoke shops.

[Added 1-12-2026 by Ord. No. 1601-2026]

A. A tobacco store/smoke shop, as defined in § 224-8, Definitions, of this chapter, shall be permitted by right subject to the appropriate provisions specified within appropriate sections of this chapter.

B. The following standards and specifications shall apply to a tobacco store/smoke shop:

(1) Each tobacco store/smoke shop shall be located no closer than 500 feet from any other tobacco store/smoke shop, as measured from the property line. The measurement should be made from the nearest point of the building or structure used as part of the premises where a tobacco store/smoke shop is conducted to the nearest property line of another tobacco store/smoke shop.

(2) Each tobacco store/smoke shop shall be located at least 500 feet from an existing residential use or residential zoning district, as measured from the property line, The measurement should be made from the nearest point of the building or structure used as part of the premises where a tobacco store/smoke shop is conducted to the nearest property line of a residential use or a lot in a residential zoning district.

(3) There shall be one off-street parking space required for each 150 feet of gross floor area or fraction thereof.

(4) Tobacco stores/smoke shops shall not be permitted to operate between the hours of 11:00 p.m. to 8:00 a.m.

(5) Ventilation. Any establishment that will allow smoking on site shall provide adequate ventilation. The ventilation shall, at a minimum, prevent smoke and vapors from migrating into adjacent buildings and/or suites and to outdoor public areas. A mechanical exhaust hood system shall be required if an establishment heats coals indoors.

(6) Persons under the age of 21 shall not be permitted to enter the facility. Businesses shall be responsible for verifying the age of consumers.