A.
This article establishes additional specific requirements
for certain specific uses, in addition to the sign, parking, environmental
and other general requirements of this chapter and the requirements
of each district. Wherever two requirements conflict, the stricter
requirement shall apply.
A.
Each of the following uses shall meet all of the following
requirements for that use:
(1)
Adult use. (This is limited to the following: adult
bookstore, adult movie theater, massage parlor or adult live entertainment
use).
(a)
Purposes. The regulations on adult uses are
intended to serve the following purposes, in addition to the overall
objectives of this chapter:
[1]
To recognize the adverse secondary impacts of
adult uses that affect health, safety and general welfare concerns
of the Municipality. These secondary impacts have been documented
in research conducted across the nation. These secondary impacts typically
include but are not limited to increases in criminal activity, increases
in activities that increase the risk of transmission of sexually transmitted
diseases, increases in activities that increase the risk of transmission
of other communicable diseases, increases in blight, decreases in
the stability of residential neighborhoods, decreases in property
values for surrounding homes, and decreases in the marketability of
nearby commercial business space. The research conducted across the
nation concludes that adult uses typically involve insufficient self-regulation
to control these secondary effects.
[2]
To limit adult uses to locations where these
secondary impacts can be minimized, particularly as they affect residential
neighborhoods and downtown revitalization.
[3]
To not attempt to suppress any activities protected
by the "free speech" protections of the United States Constitution,
but instead to control secondary effects.
(b)
No portion of a building occupied by an adult
use shall be located within any of the following distances:
[1]
Two hundred fifty linear feet of any residential
zoning district boundary or any public park.
[2]
One hundred linear feet of the lot line of any
existing primarily residential use.
[3]
One thousand linear feet from the lot line of
any existing primary or secondary school, place of worship, day-care
center or child nursery.
(c)
No such use shall be located within 1,000 linear
feet of any existing adult use.
(d)
A fifty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 380-57, but with plantings of an initial minimum height of six feet.
(e)
No pornographic material, displays or words
shall be placed in view of persons who are not inside of the establishment.
Definite precautions shall be made to prohibit minors from entering
the premises.
(f)
No such use shall be used for any purpose that
violates any federal, state or municipal law.
(g)
See § 380-51A(21), prohibited signs.
(h)
The use shall not include the sale or display
of obscene materials, as defined by state law, as may be amended by
applicable court decisions.
(i)
Adult uses shall be prohibited in all districts except where specifically permitted by Article III.
(j)
A minimum lot area of 10,000 square feet is
required.
(k)
For public health reasons, private or semiprivate
viewing booths of any kind are prohibited. This specifically includes
but is not limited to booths for viewing adult movies or nude dancers.
(l)
No use may include live actual or simulated
sex acts nor any sexual contact between entertainers nor between entertainers
and customers. This shall specifically prohibit but not be limited
to entertainers dancing on the laps of customers.
(m)
Only lawful massages, as defined by state court
decisions, shall be performed in a massage parlor.
(n)
All persons within any adult use shall wear
nontransparent garments that cover their genitals and the female areola,
except for entertainers within a permitted lawful adult live entertainment
use.
(o)
Any application for such use shall state the
names and home addresses of all individuals intended to have more
than a five-percent ownership in such use or in a corporation owning
such use and an on-site manager responsible to ensure compliance with
this chapter on a daily basis. Such information shall be updated at
the beginning of each year in writing to the Zoning Officer.
(p)
The use shall not operate between the hours
of 12:00 midnight and 7:00 a.m.
(q)
As specific conditions of approval under this
chapter, the applicant shall prove compliance with the following state
laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990 (which
pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00
a.m.),[1] Act 207 of 1990 (which pertains to obscenity),[2] and Act 120 of 1996 (which pertains to adult-oriented
establishments and which limits enclosed viewing booths, among other
matters).[3]
(4)
Assisted-living facility/personal-care center. The
same standards shall apply as are listed for nursing homes in this
section.
(5)
Auto, boat or mobile/manufactured home sales.
(a)
No vehicle, boat or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area. See buffer yard provisions in § 380-57.
(d)
Any mobile/manufactured homes on a sales site
shall meet the required principal building setbacks from the perimeter
lot lines.
(6)
Auto repair garage.
(a)
All paint work shall be performed within a building,
with a fume collection and ventilation system that directs fumes away
from any adjacent dwellings. Outdoor major repairs (such as body work
and grinding) and outdoor welding shall not occur within 250 feet
of a residential lot line.
(c)
Outdoor storage of motor vehicles shall not
be within any required buffer yard or street right-of-way.
(d)
Overnight outdoor storage of junk, other than
permitted junk vehicles, shall be prohibited within view of a public
street or a dwelling.
(e)
Any junk vehicle (as defined by Article II) shall not be stored for more than 20 days within view of a public street or a dwelling. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.
(f)
Service bay doors shall not face directly towards
an abutting dwelling (not including a dwelling separated from the
garage by a street) if another reasonable alternative exits.
(7)
Auto service station.
(a)
See definition of this term and "auto repair garage" in Article II. The uses may be combined, if the requirements for each are met.
(b)
All activities except those to be performed
at the fuel or air pumps shall be performed within a building. The
use shall not include spray-painting.
(c)
Fuel pumps shall be at least 25 feet from the
existing street right-of-way and shall meet side yard principal building
setback requirements.
(d)
Overnight outdoor storage of junk shall be prohibited
within view of a public street or dwelling. Any junk vehicle stored
outside overnight shall be screened from view of adjacent dwellings.
(e)
Any junk vehicle (as defined by Article II) shall not be stored more than 20 days within view of a public street or a dwelling. No junk vehicles shall be stored within 20 feet of an existing street right-of-way. No more than six junk vehicles shall be stored on the lot outside of an enclosed building at any point in time.
(f)
The use may include a convenience store if the
requirements for such use are also met.
(8)
Bed-and-breakfast inn.
(a)
Within a residential district (where permitted under Article III), a maximum of five rental units shall be provided, and no more than three adults may occupy one rental unit. No maximums shall apply within other permitted districts.
(b)
One off-street parking space shall be provided
for each rental unit. The off-street parking spaces for the bed-and-breakfast
inn shall be located either to the rear of the principal building
or screened from the street and abutting dwellings by landscaping.
(c)
There shall not be any signs, show windows or
any type of display or advertising visible from outside the premises,
except for a single sign with a maximum sign area of six square feet
on each of two sides and with a maximum height of eight feet. Such
sign shall only be illuminated externally and shall use incandescent
light or light of similar effect.
(d)
The use shall have a residential appearance
and character.
(e)
The use shall be operated and/or managed by
permanent residents of the lot.
(f)
There shall not be separate cooking facilities
in any guest room. Food shall only be served to guests who are staying
overnight, unless a restaurant is also permitted.
(g)
No guest shall stay for more than 14 days in
any month.
(h)
The use shall be restricted to buildings that
existed prior to January 1, 1940.
(9)
Boardinghouse (includes rooming house).
(a)
Minimum lot area: 20,000 square feet.
(b)
Minimum side yard building setback: 20 feet
per side.
(c)
Minimum lot width: 100 feet.
(d)
Maximum density: 5,000 square feet of lot area
per bedroom; shall serve a maximum total of 20 persons.
(e)
Each bedroom shall be limited to two adults
each.
(f)
A buffer yard with screening meeting § 380-57 shall be provided between any boardinghouse building and any abutting dwelling.
(g)
See also standards for assisted-living facility,
which is a separate use.
(h)
Signs shall be limited to two wall signs with
a maximum of two square feet each.
(i)
Rooms shall be rented for a minimum period of
five consecutive days.
(10)
Campground.
(a)
For each acre of total lot area, there shall
be a maximum average of three recreational vehicle sites, four tent
sites, or cabin sleeping capacity for eight persons. Such sites may
be clustered in portions of the tract.
(b)
Any store shall be limited to sales of common
household and camping items to persons camping on the site.
(c)
A commercial campground shall include at least
one gravel or paved entrance road from a public street, with a minimum
width of 20 feet.
(d)
Minimum lot area: two acres.
(e)
All campsites, recreational vehicle sites, buildings
and vehicle parking shall be set back a minimum of 150 feet from all
residential lot lines. Any existing healthy trees within such setback
shall be preserved, except at needed at perpendicular crossings.
(11)
Car wash.
(a)
Traffic flow and ingress-egress shall not cause
traffic hazards on adjacent streets. On-lot traffic circulation channels
and parking areas shall be clearly marked.
(b)
Adequate provisions shall be made for the proper
and convenient disposal of refuse. The applicant shall provide evidence
that adequate measures will be in place to prevent pollutants from
being washed into the groundwater or waterways. Any chemicals that
may be hazardous to aquatic life shall be stored within an area that
will completely contain any leaks or spills.
(c)
Water from the car wash operation shall not
flow onto sidewalks or streets in such a manner as could cause ice
hazards.
(d)
Any car wash that is located within 250 feet
of an existing dwelling shall not operate between the hours of 10:00
p.m. and 7:00 a.m.
(12)
College/university/school outdoor athletic uses.
If a facility is within an R1, R2 or R3 District, the applicant shall
prove to satisfaction of the Zoning Hearing Board that the lighting
will be located, engineered and directed to minimize nuisances for
nearby residents. The Zoning Hearing Board may also place reasonable
limits upon the hours of operation.
(13)
Commercial communications antennas as principal
or accessory use.
(a)
An accessory commercial communications antenna
that does not involve a new tower shall be allowed in any district
if it meets the following requirements:
[1]
In a district other than a commercial or industrial
district, the antenna shall extend a maximum of 20 feet beyond the
existing structure to which it is attached. The antenna shall be attached
to one of the following existing lawful structures:
[2]
In a commercial or industrial district, the
antennas shall extend a maximum of 40 feet beyond an existing building
or structure (other than a dwelling), provided that the antenna is
set back a distance equal to its total height above the ground from
any lot line of a dwelling on another lot.
(b)
Any commercial communications antenna/tower that does not meet Subsection A(13)(a) above shall only be allowed where specifically authorized in § 380-27 and in compliance with the following additional regulations:
[1]
A new tower, other than a tower on a lot of
an emergency services station, shall be set back the following distances,
whichever is greater:
[a]
A distance from the lot line of
a lot occupied by an existing dwelling (or that is approved for a
new dwelling) that is greater than the total height of the antenna/tower
above the surrounding ground level;
[b]
The applicable principal building
setback; or
[c]
A minimum distance of 100 feet
plus the total height of the tower above the surrounding ground level
from a primarily residential building on another lot.
[2]
A tower attached to the ground shall be surrounded
by a security fence/gate with a minimum height of eight feet and evergreen
plantings or preserved vegetation with an initial minimum height of
four feet.
[3]
The applicant shall provide a written statement
sealed by a professional engineer stating that the communications
antenna/tower will meet the structural and wind-resistance requirements
of the latest published version of the Borough Building Code.[6]
[4]
The applicant shall describe, in writing, the
policies that will be used to offer space on a tower to other communications
providers, which shall serve to minimize the total number of towers
necessary in the region.
[5]
An applicant for a new commercial communications
tower shall provide evidence to the Zoning Hearing Board that it has
investigated co-locating its facilities on an existing tower and other
tall structures and has found such alternative to be unworkable. The
reasons shall be provided. At an absolute minimum, placement upon
existing or approved towers within a one-mile radius shall be considered,
in addition to other reasonable opportunities.
[6]
A maximum total height of 200 feet above the
ground shall apply in a commercial and industrial district, and 150
feet in any other district where a tower may be allowed, unless the
applicant proves to the Zoning Hearing Board that a taller height
is absolutely necessary and unavoidable.
[7]
The Zoning Hearing Board may require lighting
of an antenna even if it will not be required by the Federal Aviation
Administration. Such lighting is intended to provide protection for
emergency medical helicopters.
[8]
A new tower shall be designed in a manner that
minimizes its visual intrusiveness and environmental impacts to the
maximum extent feasible. For example, monopole designs are preferred
over lattice designs. Self-supporting towers are preferred over towers
with guy wires that would require removal of larger numbers of trees.
(c)
Purposes. These provisions for commercial communications
antenna/towers are primarily designed to serve the following purposes,
in addition to the overall objectives of this chapter:
[1]
To protect property values.
[2]
To minimize the visual impact of antenna/towers,
particularly considering the importance of the scenic beauty of the
area in attracting visitors for outdoor recreation.
[3]
To minimize the number and heights of towers
in a manner that still provides for adequate telecommunications services
and competition.
(d)
A tower/antenna that primarily serves emergency communications by a Borough-recognized police, fire or ambulance association, and is on the same lot as an emergency services station, shall be permitted by right. Such tower shall not be required to meet the regulations of § 380-34A(13)(b).
[Amended 10-27-2009 by Ord. No. 2009-7]
(e)
Any antenna and tower that is no longer in active
use shall be completely removed within six months after the discontinuance
of use. The operator shall notify the Zoning Officer, in writing,
after the antenna or tower use is no longer in active use. Any lease
shall require such removal by the owner of the antenna/tower. Any
lease should provide that the lease shall expire once the antenna/tower
is removed.
(f)
All utility buildings serving a tower shall
have a maximum height of 12 feet. Where a utility building is adjacent
to a residential lot(s), it shall meet principal building setbacks
along those lot lines.
(14)
Conversion of an existing building (including
an existing dwelling) into dwelling units.
(a)
See Article III, which regulates where conversions are permitted. Applicable state firesafety requirements shall be met.
(b)
The following regulations shall apply to the
conversion of an existing one-family dwelling into a greater number
of dwelling units:
[1]
The building shall maintain the appearance of
a one-family dwelling with a single front entrance. Additional entrances
may be placed on the side or rear of the structure. The dwelling units
may internally share the single front entrance.
[2]
The conversion shall not be permitted if it
would require the placement of an exterior stairway on the front of
the building or would require the placement of more than three off-street
parking spaces in the required front yard.
(c)
A previously residential building shall maintain
a clearly residential appearance, except as may be necessary for restoration
of an historic building.
(e)
A maximum total of four dwelling units may be
developed per lot, unless a more-restrictive provision is established
by another section of this chapter.
(15)
Day-care center, child.
(b)
The use shall comply with any applicable state
and federal regulations, including having an appropriate State Department
of Public Welfare (or its successor agency) registration certificate
or license.
(c)
Convenient parking spaces within the requirements of Article VI shall be provided for persons delivering and waiting for children.
(d)
In residential districts, where permitted as
a principal use, a day-care use shall have a minimum lot area of 6,000
square feet and a minimum setback of 10 feet from an abutting residential
lot line.
(e)
The use shall include secure fencing around
outdoor play areas.
(f)
Outdoor play areas of a day-care center involving
the care of 25 or more children at any one time shall be set back
a minimum of 25 feet from the exterior walls of an abutting existing
dwelling.
(g)
This use shall not be conducted in a dwelling
that is physically attached to another dwelling that does not have
a common owner.
(h)
In residential districts, any permitted day-care
use shall maintain an exterior appearance that resembles and is compatible
with any existing dwellings in the neighborhood.
(i)
A day-care use may occur in a building that
also includes permitted or nonconforming dwelling units.
(j)
See also the standards for a place of worship,
which allows a day-care center as an adjunct use.
(16)
Forestry.
(a)
A forestry management plan shall be prepared
and followed for any commercial forestry involving more than 20,000
square feet of land area, other than routine thinning of woods. This
plan shall be prepared by a professional forester.
(b)
The forestry management plan shall be consistent
with the Timber Harvesting Guidelines of the Pennsylvania Forestry
Association.
(17)
Group homes. Group homes are permitted within
a lawful dwelling unit, provided that the following additional requirements
are met:
(b)
A group home shall not include any use meeting
the definition of a “treatment center.”
(c)
A group home shall include the housing of a
maximum of six unrelated persons, except:
(d)
The applicant shall provide a written statement
describing how the facility will have adequate trained staff supervision
for the number and type of residents. The Zoning Officer may require
twenty-four-hour on-site staffing if necessary for the number and
type of residents.
(e)
The applicant shall provide evidence of any
applicable federal, state or county licensing or certification to
the Zoning Officer. If such licensing or certification is changed,
suspended or revoked, the operator shall provide written notice to
the Zoning Officer within seven days.
(f)
The group home shall register, in writing, its
location, general type of treatment/care, maximum number of residents
and sponsoring agency with the Zoning Officer. If there are any changes
in such matters, the operator shall provide written notice to the
Zoning Officer within seven days. The Zoning Officer may require a
new approval if there are significant changes in the nature of the
group home.
(g)
Any on-site medical or counseling services shall
be limited to a maximum of three nonresidents per day. Any on-site
staff meetings shall be limited to a maximum of five persons at one
time.
(h)
A minimum of one off-street parking space shall
be provided per on-site employee, plus one space for every two residents
of a type reasonably expected to be able to drive a vehicle.
(i)
If a group home is in a residential district,
an appearance shall be maintained that is closely similar to nearby
dwellings, and no sign shall identify the use.
(j)
The persons living on site shall function as
a common household unit.
(19)
Junkyard (includes automobile salvage yard).
(a)
Storage of garbage or biodegradable material
is prohibited, other than what is customarily generated on site and
routinely awaiting pickup.
(b)
Outdoor storage of junk shall be at least 100
feet from any residential lot line and 50 feet from any other lot
line and the existing right-of-way of any public street.
(c)
The site shall contain a minimum of two exterior
points of access, each of which is not less than 20 feet in width.
One of these accesses may be limited to emergency vehicles. Cleared
driveways shall be provided throughout the entire use to allow access
by emergency vehicles. Adequate off-street parking areas shall be
provided for customers.
(d)
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot-wide buffer yard which complies with § 380-57, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure chain-link or similar fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
(e)
Burning or incineration is prohibited.
(g)
All gasoline, antifreeze and oil shall be drained
from all vehicles and properly disposed of. All batteries shall be
removed from vehicles and stored in a suitable area on an impervious
and properly drained surface.
(h)
Lot area: one acre minimum; 10 acres maximum.
(20)
Kennel.
(a)
Minimum lot area: three acres.
(b)
All buildings in which animals are housed and
all runs shall be located at least 200 feet from all residential lot
lines.
(c)
Buildings shall be adequately soundproofed so
that sounds generated within the buildings cannot routinely be heard
within any principal building on another lot.
(d)
No animal shall be permitted to use outdoor
runs from 8:00 p.m. to 8:00 a.m. that are within 250 feet of an existing
dwelling. Runs for dogs shall be separated from each other by visual
barriers a minimum of four feet in height, to minimize dog barking.
(e)
Structures in which animals are kept shall provide
adequate shelter from the elements, including being heated during
cold weather.
(f)
All animal wastes shall be removed and properly
disposed of at least once a day.
(g)
The operator of the kennel shall exercise all
necessary control over the animals and shall not allow a nuisance
condition to exist in terms of excessive noise, odor or health hazards.
(h)
The kennel shall be operated in full compliance
with the Federal Animal Welfare Act and applicable state kennel regulations.
The kennel shall be open to regular inspection by the Zoning Officer
and any designated Health Inspector.
(20.1)
Live-work unit.
[Added 5-23-2023 by Ord. No. 2023-03]
(a)
A live-work unit is one building space that is used both for residential
and for business space, such as for an office or an artist's studio.
The business use shall be a use that is listed as permitted by right
in the zoning district. The unit shall be treated as a dwelling unit,
except: (1) a sign shall be allowed meeting the requirements for the
RP District; and (2) minimum parking requirements shall also apply
for the portion of the space that is used for business purposes if
there are nonresident employees or customer traffic to the site.
(b)
If allowed in a residential district, a minimum of 50% of the unit
floor area shall be primarily used for residential purposes and a
maximum of three persons shall work in the unit who do not reside
within the unit.
(c)
The operator of the business in the unit shall also be a permanent
resident of the unit.
(21)
Livestock, raising of.
(a)
Any livestock shall be kept on property controlled
by the operator of the livestock use, with proper confinement measures
as necessary.
(b)
Any structure, other than the inside of a dwelling,
used for the keeping of six or more animals over the age of four months
shall be set back a minimum of 100 feet from the lot line of any existing
dwelling. All bulk storage of manure shall be set back a minimum of
100 feet from any lot line.
(c)
The applicant shall submit a written plan for
the sanitary management of animal wastes. Animal wastes shall be properly
managed to prevent health hazards, pollution of waterways and odor,
insect and rodent nuisances to other properties. Recommendations of
the Pennsylvania State University Cooperative Extension Service and
the County Conservation District should be followed.
(22)
Mineral extraction.
(a)
Application requirements. A copy of all site
plan information that will be required by the State DEP shall also
be submitted to the Borough as part of the zoning application.
(b)
A detailed and appropriate land reclamation
and reuse plan of the area to be excavated shall be submitted to the
Zoning Officer.
(c)
After areas are used for mineral extraction,
those areas shall be reclaimed in phases to a nonhazardous and environmentally
sound state permitting some productive or beneficial future use.
(d)
A seventy-five-foot-wide yard covered by natural
vegetative ground cover (except at approved driveway crossings) shall
be required along all exterior lot lines that are within 250 feet
of an area of excavation. This yard shall include an earth berm with
a minimum average height of six feet and an average of one shade tree
for each 50 feet of distance along the lot lines. Such shade trees
shall be planted outside of any berm and any fence.
(e)
The following minimum setbacks shall apply for
the excavated area of a mineral extraction use from property that
is not owned by the owner or operator of the mineral extraction use:
[1]
One hundred feet from the existing right-of-way
of public streets and from all exterior lot lines of the property.
[2]
One hundred fifty feet from a commercial or
industrial building, unless released by the owner thereof.
[3]
Two hundred fifty feet from a residential lot
line, other than an abandoned dwelling.
[4]
One hundred fifty feet from the lot line of
a publicly owned recreation area that existed at time of the application
for the use or expansion.
(f)
The excavated area of a mineral extraction use
shall be set back 150 feet from the average waterline of a perennial
stream or the edge of a natural wetland of more than two acres.
(g)
Truck access to the use shall be located to
reasonably minimize hazards on public streets and dust and noise nuisances
to residences.
(h)
Fencing. The Zoning Hearing Board may require
secure fencing in locations where needed to protect public safety.
As an alternative, the Zoning Hearing Board may approve the use of
thorny vegetation to discourage public access. Also, warning signs
shall be placed at intervals of not less than 100 feet around the
outer edge of the use.
(j)
County Conservation District. A soil erosion
and sedimentation plan shall be prepared by the applicant and found
to be acceptable to the County Conservation District.
(k)
Hours of operation. The Zoning Hearing Board,
as a condition of special exception approval, may reasonably limit
the hours of operation of the use and of related trucking and blasting
operations to protect the character of adjacent residential areas.
(l)
The activities and residual effects shall not
create conditions that are significantly hazardous to the health and
safety of neighboring residents.
(24)
Mobile/manufactured home installed on an individual
lot or within a mobile/manufactured home park approved after the adoption
of this chapter.
(a)
Construction. Any mobile/manufactured home placed
on any lot after the adoption of this chapter shall be constructed
in accordance with 1976 or later Safety and Construction Standards
of the U.S. Department of Housing and Urban Development. (Note: These
federal standards supersede any building code for the actual construction
of the home itself.)
(b)
Each site shall be graded to provide a stable
and well-drained area.
(c)
Each home shall have hitch and wheels removed.
(d)
Anchoring. A mobile/manufactured home on an
individual lot or mobile/manufactured home park shall include a system
that secures the home to the ground to prevent shifting, overturning
or uneven settling of the home, with a secure base for the tie-downs.
(e)
Foundation treatment. The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable material that has the appearance of a foundation of a site-built home, such as material with a concrete-type or stucco facing. This Subsection A(24)(e) shall not apply within a manufactured/mobile home park. Metal skirting shall only be permitted within a manufactured/mobile home park. Provisions shall be provided as necessary for access to utility connections.
(f)
The front door of the home shall face onto a
public street, except within a mobile home park.
(h)
A mobile/manufactured home shall not be permitted
within a state-certified or National Register historic district.
(i)
The home shall have a main roof with a minimum
pitch of 4.5:1.
(25)
Mobile/manufactured home park.
(a)
Plans and permits. Plans shall be submitted and reviewed by the Borough for all mobile/manufactured home parks in compliance with the mobile home park provisions of Chapter 325, Subdivision and Land Development, and all other provisions of such chapter that apply to a land development, including the submission, approval and improvements provisions (other than specific provisions altered by this section).
(b)
The minimum tract area shall be three contiguous
acres, which shall be under single ownership, but which may include
land in an abutting existing mobile home park. The tract shall have
a minimum width at the minimum building setback line of 200 feet.
Two abutting lots may be merged together to form a single mobile/manufactured
home park.
(c)
Density. The maximum average overall density
shall be five dwelling units per acre.
[1]
To calculate this density, land in common open
space or proposed streets within the park may be included, but land
within the one-hundred-year floodway or that has natural slopes of
15% or greater shall not be included.
[2]
Phases. If an existing mobile home park is to
be expanded into an area not previously part of that mobile home park,
the maximum density and minimum common open space for the new area
shall be considered separately from the previously approved areas
of the mobile home park. All expansions to an existing park shall
also meet all other provisions of this chapter and other applicable
ordinances.
(d)
Landscaped perimeter. Each mobile/manufactured
home park shall include a twenty-five-foot-wide landscaped area, including
substantial attractive evergreen and deciduous trees, around the perimeter
of the site, except where such landscaping would obstruct safe sight
distances for traffic. A planting plan for such area shall be approved
by the Zoning Hearing Board as part of any required special exception
approval. Such landscaped area shall not be required between adjacent
mobile home park developments. This landscaped area shall be 35 feet
wide abutting existing single-family detached dwellings. The same
area of land may count towards both the landscaped area and the building
setback requirements.
(e)
A dwelling, including any attached accessory
building, shall be set back a minimum of 25 feet from another other
dwelling within the mobile home park, except that unenclosed porches,
awnings and decks may be 15 feet from the walls of another dwelling.
(f)
The minimum separation between homes and the
edge of the interior street cartway or parking court cartway shall
be 25 feet.
(g)
The minimum principal and accessory building
setbacks from exterior/boundary lot lines shall be 40 feet.
(h)
Each home shall comply with the above requirements for mobile/manufactured homes in this § 380-34
(i)
Accessory structures. A detached accessory structure
or garage shall be separated by a minimum of 15 feet from any dwelling
unit which the accessory structure is not accessory to.
(j)
Common open space for a mobile home park. A
minimum of 10% of the total lot area of the entire mobile home park
shall be set aside as common open space for the residents.
(k)
Streets.
[1]
Access to individual mobile home spaces shall
be from interior parking courts, access drives or private streets
and shall not be from public streets exterior to the development.
[2]
Streets within the mobile home park that provide
access to reach 20 or more dwellings shall have a minimum paved cartway
of 24 feet, and other local private streets or parking courts serving
fewer than 20 homes shall have a minimum paved cartway of 20 feet.
[3]
Curbs and sidewalks are not required on the
private streets, but all private streets shall meet all other Borough
cartway construction standards.
(l)
Utilities. All units within the mobile home
park shall be connected to a public water and a public sewage system.
The system shall meet appropriate minimum water pressure/fire flow
and hydrant requirements.
(29)
Place of worship.
(a)
Minimum lot area: 25,000 square feet, except
5,000 square feet in the NC or GC District.
(b)
Weekly religious education rooms and meeting
rooms are permitted accessory uses, provided that such uses are of
such a character and intensity that they would be clearly customary
and incidental to the place of worship. A primary or secondary school
and/or a child or adult day-care center is permitted on the same lot
as a place of worship, provided that the requirements for such uses
are also met. Noncommercial buses used primarily to transport persons
to and from religious services or a permitted school on the lot may
be parked on the lot. Other uses shall only be permitted if all of
the requirements for such uses are also met, including being permitted
in the applicable district.
(c)
Two dwelling units may be accessory to a place
of worship on the same lot, provided that they are only used to house
religious leaders and their families.
(30)
Recreation, outdoor.
(a)
Any outdoor activity area shall be located no
closer to any lot line than the required front yard depth and shall
be screened, and, if necessary, sound insulation shall be provided
to protect the neighborhood from any possible noise.
(c)
Any swimming pool shall meet the requirements
for such use, as stated in this article.
(31)
Recycling collection center.
(a)
This use shall not be bound by the requirements
of a solid waste disposal facility.
(b)
All materials shall be kept in appropriate containers,
with appropriate sanitary measures and frequent enough emptying to
prevent the attraction of insects or rodents and to avoid fire hazards.
(c)
Adequate provision shall be made for movement
of trucks if needed and for off-street parking.
(d)
A twenty-foot-wide buffer yard with screening as described in § 380-57 shall be provided between this use and any abutting residential lot line.
(e)
This use may be a principal or accessory use,
including being an accessory use to a commercial use, an industrial
use, a public or private primary or secondary school, a place of worship
or a Borough-owned use, subject to the limitations of this section.
(f)
Materials to be collected shall be of the same
character as the following materials: paper, fabric, cardboard, plastic,
metal, aluminum and glass. No garbage shall be stored as part of the
use, except for that generated on site and that accidentally collected
with the recyclables. Only materials clearly being actively collected
for recycling may be stored on site.
(g)
The use shall only include the following operations:
collection, sorting, baling, loading, weighing, routine cleaning and
closely similar work. No burning or landfilling shall occur. No mechanical
operations shall routinely occur at the site other than operations
such as baling of cardboard.
(h)
The use shall not include the collection or
processing of pieces of metal that have a weight greater than 50 pounds,
except within an industrial district.
(i)
The use shall include the storage of a maximum
of 50 tons of materials on the site if the use is within a residential
district and within 500 feet of an existing dwelling.
(32)
Residential conversions. See "conversions of
an existing building" within this section.
(34)
Retirement community.
[Amended 5-10-2022 by Ord. No. 2022-02]
(a)
The use shall meet the definition stated in § 380-21, which includes limits on the ages of residents. A dwelling within a retirement community shall not be occupied by a person less than 18 years of age for more than 30 days in any calendar year. No portion of a dwelling shall be leased/licensed to any person(s) less than 55 years of age. The foregoing age and occupancy restrictions must be incorporated into a recordable agreement or declaration, in a form acceptable to the Borough, which shall be binding upon owners within the retirement community and be enforceable by the Borough.
(b)
The use shall be served by both public water and public sewage
services.
(c)
A retirement community shall only include the following uses
(but need not include all of the uses):
[1]
Assisted-living facility/personal-care center.
[2]
Nursing home.
[3]
Single-family detached dwellings.
[4]
Twin dwellings.
[5]
Townhouse dwellings.
[6]
Apartments.
[7]
Dining, community center and noncommercial recreation/activities
uses that are clearly accessory to the residential uses and that are
limited to use by the residents and employees of the development and
their invited guests.
[8]
Retail and personal service uses that are clearly accessory
to the residential uses and are intended to primarily serve the needs
of residents and employees of the development and their invited guests,
and provided that such uses shall not have individual exterior entrances
but instead shall be integrated into a principal building, and provided
that no establishment shall exceed 3,000 square feet of floor area.
These uses include but are not limited to a card shop or barber/beauty
shop.
[9]
Only the following other support facilities and services may
be provided, each of which shall be primarily intended to serve residents
and employees of the retirement community and their invited guests:
chapel or similar religious center, exercise center, meeting rooms,
library, laundromat, vehicle maintenance shop/garage for retirement
community use, child and adult day-care center, medical and therapy
services and facilities, and home care services and facilities. Such
services and facilities shall be designed and constructed integrally
with and managed as part of the retirement community.
[10]
The total area occupied by all nonresidential
uses and accompanying parking shall not exceed 10% of the total lot
area of the development.
(d)
Density and lot requirements.
[1]
[2]
Areas that will be part of the right-of-way of public streets after development shall not count towards the minimum total lot area. Provided that the overall lot area/density requirement of Subsection A(34)(d)[1] above is met, no minimum lot area shall apply for each individual dwelling unit. Instead, a condominium, rental or similar type of arrangement is encouraged.
[3]
Minimum lot width of development: 200 feet.
[4]
Yard requirements. All buildings within the retirement community
shall be set back a minimum of 30 feet from perimeter lot lines and/or
rights-of-way of existing public streets that are boundaries of the
property. All principal buildings shall be set back a minimum of 25
feet from any right-of-way of any public street created within the
property, or 30 feet from the edge of the travel lane of a street
without a public right-of-way, or 10 feet from a parking court without
a public right-of-way. All principal buildings shall be separated
by a minimum of 12 feet if between two side building walls and 40
feet between any other building walls.
[5]
Not less than 15% of the parcel to be developed as a retirement
community shall be preserved as common open space. Common open space
shall meet the requirements of and shall be reserved in accordance
with this section and the definition of "open space, common," provided
that notwithstanding the provisions of the definition, "open space,
common" within the retirement community may include areas that are
set back 10 feet or more from any residential building. The common
open space shall be improved so as to be suitable for use by the residents
of the development, including but not limited to benches, trails and
landscaping. Improvements to common open space shall be predominantly
ADA-compliant, to the extent reasonably practicable with existing
grades and landscaping.
[6]
Maximum height for all buildings shall be 35 feet; provided,
however, that the maximum height of a building may be increased to
45 feet if the building shall be set back from the required front,
side or rear yard setback at least one additional foot for each one
additional foot of building height in excess of 35 feet. In no case
shall any building exceed 2.5 stories.
[7]
Maximum building coverage of the entire development shall be
35%.
[8]
Maximum impervious coverage of the entire development shall
be 60%.
[9]
Lighting facilities shall be provided and arranged in a manner
which shall protect the street and neighboring properties from any
direct glare or hazardous interference of any kind. No freestanding
outdoor light fixture shall be placed at a height greater than 20
feet.
[10]
The applicant shall demonstrate compliance with
all requirements of all commonwealth, county and federal agencies
having jurisdiction, if applicable.
[11]
Signs shall be uniform in design and style throughout the retirement community. Signs that are not readable from the exterior of the retirement community shall not be regulated in size and/or number by this chapter. The size, type and number of all signs which are readable from the exterior of the retirement community shall comply with Article VII. In no case shall more than one freestanding sign be permitted per each abutting street. No sign shall be internally illuminated. All signs shall comply with all applicable provisions of Article VII, except as specifically modified by this subsection.
[12]
Landscaping. See §§ 380-57 and 380-58. Landscaping shall be an integral part of the retirement community. Landscape plans must be sealed by a registered landscape architect licensed in the Commonwealth of Pennsylvania. Yards and passive recreation and common areas shall be fully landscaped. A variety of trees and shrubs shall be used. The locations and species of trees shall be subject to approval by the Borough. The Zoning Officer shall permit existing healthy trees that will be preserved and protected to be credited towards the number of trees required to be planted.
[13]
Safety shall be emphasized in the design of the
retirement community. Particular attention shall be given to pedestrian
use. Pedestrian sidewalks or pathways shall be provided, which shall
be separated from vehicle traffic. Pathways outside of the street
right-of-way may be provided in place of sidewalks, provided that
they serve the same purposes.
(35)
School, public or private, primary or secondary.
(a)
Minimum lot area: two acres.
(b)
No building, children's play equipment, basketball
courts or illuminated recreation facilities shall be within 25 feet
of a residential lot line, unless a more-restrictive setback is established
by another section of this chapter.
(c)
The use shall not include a dormitory, unless
specifically permitted in the district.
(36)
Self-storage development.
(a)
All storage units shall be of fire-resistant
construction.
(b)
Outdoor storage shall be limited to recreational
vehicles, boats and trailers. No junk vehicles shall be stored within
view of a public street or a dwelling.
(c)
Trash, radioactive or highly toxic substances,
garbage, refuse, explosives or flammable materials, hazardous substances,
animal carcasses or skins, or similar items shall not be stored.
(d)
Nothing shall be stored in interior traffic
aisles, required off-street parking areas, loading areas or accessways.
(e)
The use shall not include a commercial auto
repair garage, unless that use is permitted in the district and the
use meets those requirements.
(f)
Adequate lighting shall be provided for security,
but it shall be directed away or shielded from any adjacent residential
uses.
(h)
Minimum separation between buildings: 20 feet,
which shall allow passage by emergency vehicles.
(37)
Student group residence.
(a)
This provision shall only apply to a residential
use that an accredited college or university certifies, in writing,
is recognized by it as an affiliated organization. If such recognition
is withdrawn, in writing, then the zoning approval shall expire. A
student group residence shall house students who share an academic
interest, such as a foreign language. Any student housing that does
not meet the definition of a “student group residence,”
“dwelling unit” or “dormitory” shall be regulated
as a boarding- or rooming house.
(b)
A student group residence shall only house students
enrolled in studies equal to at least 1/2 of a full-time schedule
and/or paid staff of an accredited college or university and family
members of staff members.
(c)
A student group residence is not required to
be owned by a college or university. One organization may occupy more
than one building.
(d)
At least one competent adult age 22 years or
older shall live on site and serve in a supervisory role.
(e)
A student group residence building shall be
set back a minimum of 100 feet from the boundary of an R1 or R2 District
and 200 feet from any dwelling that is not owned by a college or university
(other than another student group residence).
(f)
Noise-abatement measures shall be used to avoid
conflicts with nearby dwellings.
(g)
Landscaping shall be used as a buffer between
a student group residence and any nearby dwellings.
(38)
Swimming pool, nonhousehold.
(a)
The water surface shall be set back at least
50 feet from any existing dwelling.
(b)
Minimum lot area: one acre.
(c)
Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by a buffer yard meeting § 380-57.
(d)
The water surface shall be surrounded by a secure,
well-maintained fence at least six feet in height.
(e)
Drainage. A proper method shall be provided
for drainage of the water from the pool that will not flood other
property.
(39)
Target range.
(a)
All target ranges shall have a barrier behind
the target area which is of sufficient height and thickness to adequately
protect the public safety. This barrier shall be made of earth for
an outdoor firearms range.
(b)
The design of the outdoor firearms target range
shall be compared by the applicant with any applicable published guidelines
of the National Rifle Association.
(c)
An outdoor firearms target range and any firing
stations shall be located a minimum of 250 feet from any residential
lot line, unless all firing would occur within a completely enclosed
sound-resistant building. Clay pigeon shooting shall be directed away
from homes and streets.
(d)
An outdoor firearms target range shall be properly
posted.
(f)
An indoor firearms target range shall be adequately
ventilated and/or air-conditioned to allow the building to remain
completely enclosed.
(40)
Townhouses/row houses and apartments.
(a)
Maximum number of townhouses attached in any
manner: eight.
(b)
Paved area setback. All off-street parking spaces,
except spaces on driveways immediately in front of a carport or garage
entrance, shall be set back a minimum of 15 feet from any dwelling.
(c)
Garages. Townhouses shall be designed so that
garages and/or carports are not an overly prominent part of the view
from public streets. For this reason, parking courts, common garage
or carport structures or garages at the rear of dwellings are encouraged
instead of individual garages opening onto the front of the building,
especially for narrow townhouse units.
(d)
Mailboxes. Any mailboxes provided within the
street right-of-way should be clustered together in an orderly and
attractive arrangement or structure. Individual freestanding mailboxes
of noncoordinated types at the curbside are specifically discouraged.
(e)
Access. Vehicular access points onto all arterial
and collector streets shall be minimized to the lowest reasonable
number. No townhouse dwelling within a tract of five or more dwelling
units shall have its own driveway entering onto an arterial or collector
street.
(41)
Treatment centers.
(b)
The applicant shall provide a written description
of all types of persons intended to occupy the use during the life
the permit. Any future additions to this list shall require an additional
special exception approval.
(c)
The applicant shall prove to the satisfaction
of the Zoning Hearing Board that the use will involve adequate on-site
supervision and security measures to protect public safety.
(d)
The Zoning Hearing Board may place conditions
upon the use to protect public safety, such as conditions on the types
of residents and security measures.
(e)
If the use involves five or more residents,
a suitable on-lot outdoor recreation area shall be provided that is
supervised by the center's staff.
(f)
Any such use shall be set back a minimum of
600 feet from any existing treatment center.
(42)
Veterinarian office (includes animal hospital).
(a)
Minimum lot area: 15,000 square feet.
(b)
Any structure in which animals are treated or
housed shall be a minimum of 50 feet from any residential lot line.
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be perceived within any adjacent
dwellings.
(c)
Outdoor animal runs may be provided for small
animals for use between 8:00 a.m. and 8:00 p.m., provided that the
runs are at least 150 feet from any existing dwelling, and provided
that the runs for dogs are separated from each other by visual barriers
a minimum of four feet in height, to minimize dog barking.
(d)
Although animals may be kept as an accessory
use, a commercial kennel shall only be allowed if a kennel is permitted
in that district and if the applicable requirements are met.
(43)
Alternative school campus.
[Added 11-24-2009 by Ord. No. 2009-9]
(a)
Any commercial uses to be located on the same lot as the alternative school campus as permitted by § 380-21 must demonstrate during the application process that each such proposed use meets all requirements as to setback, lot coverage, and other dimensions as would be required if located on a separate lot as provided in § 380-55B, unless such use meets or complies with Subsection A(43)(b). Such use is also subject to the dimensional requirements as set forth in § 380-28.[7]
[7]
Editor's Note: See also the Table of Dimensional Requirements
included at the end of this chapter.
(b)
As an alternative to compliance with Subsection A(43)(a), the applicant for the alternative school campus may enter into an agreement restricting subdivision of any lots from the alternative school campus or separation of ownership pursuant to the Pennsylvania Uniform Condominium Act, Pennsylvania Uniform Planned Community Act,[8] or any similar statute.
[1]
Such an agreement must be in a form acceptable to the Solicitor for
the Borough and must be submitted as part of the application process
for approval of the alternative school campus.
[2]
Any such agreement must he in recordable format and must be recorded
in the office of the Recorder of Deeds for Lancaster County prior
to the release by the Borough of any final plan for the project for
recordation.
[3]
Any such agreement must provide that the applicant, for itself and
all successive owners of the alternative school campus, waive any
rights they might otherwise have pursuant to the Municipalities Planning
Code[9] to contest the denial of any request for approval on basis
that the application violated the terms of the agreement.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Such agreement must provide that it would be specifically enforceable
by the Borough and in any action brought to so enforce the agreement,
the applicant or the successor landowners would be responsible for
the Borough's attorneys fees incurred if such action were successful.
[8]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq. and
68 Pa.C.S.A. § 5101 et seq.
(c)
The following specific criteria shall apply:
[1]
The limits of the alternative school campus shall be located on a
single lot under single ownership.
[2]
All classrooms, administrative offices, cluster housing units and
recreation facilities related to the alternative school shall be located
within the alternative school campus.
[3]
A minimum of 60% of the area of the alternative school campus shall
be limited to the exclusive use of the alternative school. Commercial
and residential uses available to the general public shall not be
included within this sixty-percent area of the alternative school
campus.
[4]
A maximum of 40% of the area of the alternative school campus may
be comprised of other uses permitted within the NC Neighborhood Commercial
District.
[5]
The number of commuting students attending the alternative school
classes onsite shall not exceed the number of students living on the
alternative school campus.
[6]
As much as possible, parking shall be located to the side or rear
of buildings facing a public street.
[7]
Complementary architecture shall be provided throughout the alternative
school campus.
[8]
The alternative school campus shall be served by internal vehicular
drives. Such drives will not be dedicated for public use.
[9]
A pedestrian and bicycle path system shall be provided that connects
all appropriate uses within the alternative school campus to each
other use within the alternative school campus and to the sidewalk
system of the Borough.
[10]
An application for an alternative school campus shall provide
evidence that contact with the provider of public transit services
has occurred, that a request for service to the alternative school
campus has been made, and a determination whether service will be
provided once the alternative school campus has been constructed.
If public transit service is intended to eventually be provided, the
applicant shall show that provisions have been made for convenient
public transit stops and shelters. Any shelters should also be designed
to be suitable for use as a school bus stop.
[11]
The applicant shall install external lighting throughout the
alternative school campus meeting minimum requirements of the Borough.
Such lighting shall have a maximum total height of 25 feet.
[12]
The following uses shall be allowed within an approved alternative
school campus:
[a]
Alternative school, including classrooms, administrative offices,
cluster housing units and recreation facilities related to the school.
[c]
Offices.*
[e]
Personal service use.*
[f]
Restaurant.*
[g]
Retail store.*
|
*These uses shall only be permitted adjacent to an existing
public street adjacent to the alternative school campus.
|
A.
General. Accessory buildings, structures or uses that
are clearly customary and incidental to a permitted-by-right, special
exception or conditional use are permitted by right, except as provided
for in this chapter. A business shall only be conducted as an accessory
to a dwelling if specifically permitted by this chapter.
B.
Accessory setbacks. The accessory setback requirements
of the applicable district shall apply to every accessory building,
structure or use, unless a standard that is clearly meant to be more-restrictive
or less-restrictive is specifically stated in this article for a particular
accessory use. Accessory structure setback requirements shall not
apply to permitted surface parking lots, fences or permitted accessory
signs.
C.
Front yard setback. No accessory structure, use or
building shall be permitted in a required front yard in any district,
unless specifically permitted by this chapter.
D.
Special standards. Each accessory use shall comply
with all of the following standards listed for that use:
(2)
Bees, keeping of.
(a)
Facilities for the keeping of bees shall be
set back a minimum of 40 feet from any lot line and shall be fenced
if within 100 feet of a lot line. Signs shall be erected as necessary
to warn persons of the presence of bees.
(b)
The bee facilities shall be located and managed
in such as manner as to minimize the potential of the bees entering
streets, sidewalks or unauthorized properties.
(3)
Bus shelters.
(a)
A bus shelter shall be allowed in accordance
with this section in order to provide refuge for mass-transit riders
from adverse weather conditions.
(c)
A shelter with illuminated advertising signs
shall only be allowed within the R1A, RP, NC or GC District. The location
of the bus shelter shall be approved in advance by the transit provider.
The applicant shall prove to the Zoning Officer that the location
will not interfere with pedestrian traffic along the sidewalk and
with safe sight distances at intersections. The Borough may also require
a written agreement for use of the public right-of-way.
(d)
The applicant shall prove to the Zoning Officer
that there is a legally binding commitment by a responsible entity
to properly maintain the bus shelter and to remove the shelter if
it is not needed in the future or if it falls into disrepair.
(e)
Such shelters shall be durably constructed,
with a roof. For security and safety purposes, the majority of the
side walls of the shelter shall be constructed of a clear shatter-resistant
material.
(f)
Any light bulbs/lighting elements shall not
be directly visible from outside of the shelters. The lighting may
be diffused by an allowed sign. Glare shall not be created.
(g)
A bus shelter shall not be located directly
abutting a single-family detached dwelling or a twin dwelling.
(4)
Day-care, child, as accessory to a dwelling.
(b)
In any case, seven or more children (other than
children who are related to the primary caregiver) shall only be cared
for at one time within a single-family detached dwelling with a minimum
lot area of 12,000 square feet and a ten-foot minimum setback from
all existing dwellings on another lot(s). Four to six children, in
addition to children who are related to the primary caregiver, shall
only be cared for at one time within a dwelling that is not attached
to another dwelling. The care of fewer numbers of children may occur
within any lawful dwelling unit.
(c)
The dwelling shall retain a residential appearance
with no change to the exterior of the dwelling to accommodate the
use, other than cosmetic improvements.
(d)
Any day-care center involving seven or more children shall be considered a principal use and meet the standards of § 380-34 for such use, if permitted.
(e)
The use shall be actively operated by a permanent
resident of the dwelling.
(f)
If four to six children who are not related
to a permanent resident of the dwelling are cared for, then a minimum
of 200 square feet of safe exterior play area shall be available.
(g)
See also "day-care center" as a principal use in § 380-34 and “day care as accessory to a place of worship” in § 380-27B.[1]
[1]
Editor's Note: See also the Tables of Permitted
Uses, which consist of the Primarily Residential and Park Districts
Table and the Primarily Nonresidential Districts Table, included at
the end of this chapter.
(h)
The use shall comply with any applicable state
and federal regulations, including having an appropriate State Department
of Public Welfare (or its successor agency) registration certificate
or license if required by such agency.
(i)
The use shall include a secure fence around
any outdoor areas routinely used for outdoor play that abut one or
more streets.
(5)
Drive-through facilities.
(a)
The proposed traffic flow and ingress-egress
shall not cause traffic hazards on adjacent streets.
(b)
On-lot traffic circulation shall be clearly
marked.
(c)
A drive-through use shall be designed with space
for an adequate number of waiting vehicles while avoiding conflicts
with traffic onto, around and off of the site. Any drive-through facilities
shall be designed to minimize conflicts with pedestrian traffic. If
special exception approval is required, the Zoning Hearing Board may
require that credible testimony be provided that the drive-through
use provides adequate waiting spaces for vehicles for reasonably expected
demand.
(6)
Fences and walls.
(a)
Fences and walls are permitted by right in all
districts. Any fence or wall shall be durably constructed and well-maintained.
Fences that have deteriorated shall be replaced or removed.
(c)
Fences:
[Amended 10-27-2009 by Ord. No. 2009-7]
[1]
Front yard. Any fence located in a required
front yard (including all street frontages for corner lots) of a lot
in a residential or RP District shall:
[a]
Be of an open-type fence (such
as picket or split rail) with a minimum ratio of 1:1 of open to structural
areas;
[b]
Not exceed four feet in height;
and
[c]
Be constructed entirely of wood
(plus any required fasteners and any wire mesh attached on the inside
of the fence) or wrought iron or other material, such as vinyl, that
resembles wood or wrought iron.
[2]
The ornamental side of the fence shall be installed
to face the lot lines and not the interior of the lot.
|
Example of Residential Maximum Fence Heights
 |
[3]
Height. No maximum height shall apply to fences
that are not within a residential district. A fence located in a residential
district in a location other than a required front yard shall have
a maximum height of 6.5 feet, except:
[a]
A maximum of height of 12 feet
shall be permitted where the applicant proves to the Zoning Hearing
Board that such taller height is necessary to protect public safety
around a specific hazard.
[4]
Setbacks. No fence shall be built within an
existing street right-of-way. A fence of a dwelling may be constructed
without a setback from a lot line in a residential district, but a
one-foot or greater setback is recommended to provide for future maintenance
of the fence.
[5]
Fence materials. Barbed wire shall not be used
as part of fences around dwellings. Electrically charged fences shall
only be used to contain farm animals and shall be of such low intensity
that they will not permanently injure humans. No fence shall be constructed
out of fabric, junk, junk vehicles, appliances, tanks or barrels.
(d)
Walls.
[1]
Engineered retaining walls necessary to hold
back slopes are exempted from setback regulations and the regulations
of this section and are permitted by right as needed in all districts.
[2]
Walls in the minimum front yard or the side or rear accessory building setback in a residential district shall have a maximum height of three feet. This height limit shall not apply to a wall serving as a backing for a permitted sign as permitted in § 380-51.
[3]
Walls that are attached to a building shall
be regulated as a part of that building.
(7)
Garage sale.
(a)
See definition in Article II. A garage sale shall not include wholesale sales nor sale of new merchandise of a type typically found in retail stores.
(b)
Garage sales as an accessory use shall be held
a maximum of four days total in any 12 consecutive months.
(c)
The use shall be clearly accessory to the principal
use.
(8)
Home occupations.
(a)
All home occupations shall meet the following
requirements:
[1]
The use shall be conducted primarily by a permanent
resident of the dwelling and involve a maximum of one person working
on site at any one time who does not reside within the dwelling. A
maximum of one nonresident employee shall visit the property on a
daily basis or operate a vehicle based at the property.
[2]
The use shall be conducted indoors. No outdoor
storage or display related to the home occupation shall be permitted.
No changes shall occur to the exterior of a building that would reduce
its residential appearance as viewed from a street.
[3]
The use shall occupy an area that is not greater
than 25% of the total floor area of the principal dwelling unit. The
use shall clearly be secondary to the residential use.
[4]
One off-street parking space shall be required
per nonresident employee. In addition, for a general home occupation,
the Zoning Hearing Board shall require additional off-street parking
if the Board determines it is necessary for customer parking.
[5]
The use shall not require delivery or pickup
by tractor-trailer trucks.
[6]
The regulations of § 380-35D(11)(d) regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.
[7]
No equipment or machinery shall be permitted
that produces noise, noxious odor, vibration, glare, electrical or
electronic interference detectable on another property. The use shall
not involve the storage or use of hazardous, flammable or explosive
substances, other than types and amounts typically found on a residential
property. The use shall not involve the storage or use of toxic or
highly hazardous substances.
[8]
A home occupation shall not be conducted in
a manner that is perceptible to other residents between the hours
of 9:00 p.m. and 7:30 a.m.
[9]
Any tutoring or instruction shall be limited
to a maximum of three students at a time.
[10]
A barber- or beauty shop shall not include any
nonresident employees.
[11]
The main office of a medical doctor, chiropractor
or dentist shall not be permitted as a home occupation.
[12]
See home occupation sign requirements in § 380-50. A light home occupation shall not include any sign, except within a commercial district.
[13]
The Zoning Hearing Board shall deny a general
home occupation application, or limit its intensity through conditions,
if the Board determines the use would be too intense for the proposed
location. In making such determination, the Board shall review the
likely amounts of traffic, the types of operations involved and related
nuisances, the amount of off-street and on-street parking that is
available, the density of the neighborhood, whether the use would
be adjacent to another dwelling, and setbacks from other dwellings.
[14]
The use shall not involve manufacturing, other
than of custom crafts and sewing. The use shall not involve commercial
repair of motor vehicles.
[15]
The use may include sales using telephone, mail
order or electronic methods. On-site retail sales shall only be permitted
within a general home occupation and if specifically approved as part
of a special exception approval. Such retail sales shall be limited
to sales that are clearly accessory to an approved barbershop or similar
on-site service.
[16]
If more than one home occupation is accessory
to a dwelling, the total aggregate impact of the home occupations
shall be considered in determining compliance with this chapter.
[17]
A zoning permit shall be required for any home
occupation.
(b)
In addition to the requirements listed in Subsection D(8)(a) above, the following additional requirements shall apply to a light home occupation:
[1]
The use shall not involve routine visits to
the home occupation by customers or more than one nonresident employee
at a time.
[2]
The use shall not involve any signs visible from the exterior of the lot, except as is allowed by § 380-50 within a commercial district.
[3]
The use shall only involve the following activities:
[a]
Work routinely conducted within
an office;
[b]
Custom sewing and fabric and basket
crafts;
[c]
Cooking and baking for off-site
sales and use;
[d]
Creation of visual arts (such as
painting or wood carving);
[e]
Repairs to and assembly of computers
and computer peripherals; and
[f]
A construction tradesperson, provided
that a maximum of one nonresident shall routinely operate from the
lot.
[4]
On-site retail sales shall be prohibited.
(9)
Outdoor storage and display, commercial or industrial,
as a principal or accessory use.
(a)
Location. Outdoor storage or display shall not
occupy any part of any of the following: the existing or street right-of-way,
sidewalk or other area intended or designed for pedestrian use or
required parking area.
(b)
No such storage or display shall occur on areas
with a slope in excess of 25% or within the one-hundred-year floodway.
(d)
Any storage of more than 50 used tires shall
only be permitted as part of a Borough-approved junkyard. Any storage
of used tires shall involve stacks with a maximum height of 15 feet
and that cover a maximum of 400 square feet. Each stack shall be separated
from other stacks and from all lot lines by a minimum of 75 feet.
(10)
Pets, keeping of.
(a)
This is a permitted-by-right accessory use in
all districts.
(b)
No use shall involve the keeping of animals
or fowl in such a manner or of such types of animals that it creates
a serious nuisance (including noise or odor), a health hazard or a
public safety hazard. The owner of the animals shall be responsible
for collecting and properly disposing of all fecal matter from pets.
No dangerous animals shall be kept outdoors in a residential district,
except within a secure, completely enclosed cage or fenced area of
sufficient height or on a leash under full control of the owner.
(d)
The keeping of one or two total pigeons (except
as may be preempted by the State Carrier Pigeon Law), chickens, ducks,
geese and/or similar fowl shall be permitted on lot with a minimum
lot area of 10,000 square feet.
(e)
Animals shall only be permitted provided they
do not create unsanitary conditions or noxious odors for neighbors.
(f)
A minimum lot area of two acres shall be required
for the keeping of horses.
(g)
Only those pets that are domesticated and are
compatible with a residential character shall be permitted as "keeping
of pets." Examples of permitted pets include dogs, cats, rabbits,
gerbils and lizards but do not include bears, goats, wolves, wolf-dog
hybrids, cows, venomous snakes that could be toxic to humans, hogs
or sheep.
(h)
It shall be unlawful on a residential property
to maintain any exotic wildlife, as defined by the Pennsylvania Game
and Wildlife Code, whether or not an exotic wildlife possession permit
has been issued.
(11)
Residential accessory structure or use (see definition in Article II).
(a)
Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 380-28A,[2] unless specifically exempted by this chapter. Accessory
structures shall not be located within a front yard nor within 10
feet of any street right-of-way line (such as on a corner lot).
[2]
Editor's Note: Refer to the Table of Dimensional Requirements, which is included at the end of this chapter.
(b)
Accessory buildings in a residential district
shall meet the following requirements:
[Amended 10-27-2009 by Ord. No. 2009-7]
(d)
Parking of trucks and buses. The overnight parking
of commercial trucks and buses on a primarily residential lot in a
residential district is prohibited, except that the following shall
be permitted if such vehicle(s) is used by residents of the dwelling
to travel to and from work:
[1]
The parking of a maximum of two vehicles, each
up to 12,000 pounds' aggregate gross vehicle weight.
(g)
No major recreational equipment shall be parked or stored on any
lot in a residential district except in an enclosed building or behind
the building nearest to a street; provided, however, that such equipment
may be parked anywhere on the lot for a period nor to exceed 48 hours
during loading and unloading. No such equipment shall be used for
living, sleeping or housekeeping purposes when parked or stored. For
the purposes of this section, major recreational equipment shall include,
but shall not be limited to, boats and boat trailers, travel trailers,
pickup campers or coaches (designed to be mounted on vehicles), motorized
dwellings, tent trailers, and cases or boxes used for transporting
recreational equipment, whether occupied by such equipment or not.
[Added 10-27-2009 by Ord. No. 2009-7]
(12)
Swimming pool, household (referred to hereafter
as "pool").
(a)
Enclosure pools. A new or existing swimming
pool shall include a secure fence or other enclosure meeting the requirements
of the applicable building code.
(b)
Location. Any pool deck or shelter that is elevated
above the average surrounding ground level and the water surface of
any pool shall be set back a minimum of 10 feet from any lot line.
Patios around pools that are level with the average surrounding ground
level are not required to be set back from lot lines. A pool is not
permitted within a required front yard. A pool shall comply with limitations
of any water or sewer easement.
(c)
Drainage. A proper method shall be provided
for drainage of the water from the pool that will not flood other
property. Such method shall be subject to approval of the Zoning Officer.
(d)
The Borough does not assume responsibility for
guaranteeing to the public that all new and existing pools fully comply
with these provisions.
(13)
Telephones or vending machines.
(a)
No outdoor pay telephone and no outdoor coin-operated
vending machine shall be placed on a public sidewalk in the public
right-of-way, except for nonilluminated newspaper/periodical vending
machines. A nonilluminated newspaper/periodical vending machine shall
only be permitted on a sidewalk if a four-foot-wide pedestrian path
is unobstructed.
(b)
No pay telephone and no coin-operated vending
machine shall be permitted outdoors as accessory to a dwelling or
a vacant lot.
(14)
Unit for care of relative.
(b)
The accessory unit shall be occupied by a maximum
of two persons, who shall be close relatives of the permanent residents
of the principal dwelling unit. At least one resident of the accessory
unit shall need such accommodations because of an illness, old age
or disability.
(c)
The applicant shall prove to the Zoning Hearing
Board that the accessory unit has been designed and constructed so
that it can be easily reconverted into part of the principal dwelling
unit after the relative no longer resides within the unit. A written
plan shall be submitted showing how the separate unit will be changed
to no longer be a separate unit. The accessory unit may be converted
into an additional bedroom(s), permitted home occupation area or similar
use. A lawful detached garage may be converted into a unit for care
of a relative and then be reconverted to a garage or permitted home
occupation area.
(d)
The applicant shall establish a legally binding
mechanism that will prohibit the use of the accessory unit as a separate
dwelling unit after the relative no longer resides within the unit.
Such mechanism shall also be binding upon future owners.
(e)
The owner of the property shall be required
to annually renew the permit for the use. Such renewal shall be conditioned
upon the owner proving that a relative of the occupants of the principal
dwelling unit continues to reside within the accessory unit.
(f)
Such accessory unit shall not decrease the one-family
residential appearance of a one-family dwelling as viewed from exterior
property lines.
(g)
Additional parking for the accessory unit may
be waived by the Zoning Hearing Board as part of the special exception
approval if the applicant proves that the resident(s) of the accessory
unit will not routinely operate a vehicle.
