Abbottstown City Zoning Code
ARTICLE X
Performance Standards
§ 204-36 Intent of performance standards for specific uses.
In addition to the general provisions for uses within a particular zoning district established in Articles IV through VIII, and the additional general regulations for all uses in Article IX and elsewhere in the Ordinance, these performance standards for specific uses set forth the specific standards that shall be applied to each use identified herein. These performance standards must be satisfied prior to approval of any application for a zoning permit, conditional use, special exception or variance.
§ 204-37 Performance standards for specific uses.
The following performance standards are established to provide additional requirements applicable to certain permitted, accessory, special exception and conditional uses in all zoning districts. These regulations are intended to supplement the district regulations contained in Articles IV through VIII as well as general standards, parking and loading standards, and sign standards and all other applicable Borough regulations and ordinances, as well as any other local, state, and federal regulations and statutes.
A.
Accessory dwelling units (ADU).
(1)
No more than one ADU shall be permitted on any property.
(2)
The maximum number of occupants of the ADU shall be two persons. Minor children under age 18 and related to the occupants of the ADU by blood, adoption or foster relationship shall not count towards this limit.
(3)
The ADU shall not exceed 50% of the total residential living area of the existing dwelling or 1,000 square feet, whichever is less. The ADU shall not be less than 400 square feet.
(4)
The ADU shall meet the following architectural standards:
(a)
Attached ADUs shall be designed to maintain the architectural design, style, appearance and character of the existing dwelling as a single-family residence. Such an addition shall be consistent with the existing facade, roof pitch, siding and windows.
(b)
Detached ADUs (including manufactured dwelling units) shall be designed to maintain the architectural design, style, appearance and character of the existing primary dwelling on the lot.
(c)
Applicants shall submit a photo, rendering, or plan depicting the exterior of the proposed ADU.
(d)
Attached ADUs shall have a separate entrance from the entrance to the primary residence. This entrance may not be part of the front facade of the primary residence.
(5)
The height of a detached ADU shall not exceed the height of the principal dwelling unit on the lot.
(6)
Each ADU shall have a kitchen and full bath.
(7)
The applicant shall contact the Adams County Tax Services Office to obtain an address for the ADU (whether attached or detached) and the applicant shall provide this information to the Zoning Officer prior to zoning permit approval.
(8)
The applicant shall provide proof from the appropriate sewer and water providers that sufficient EDUs and/or capacity exists to accommodate the additional sewage flow and water usage.
(9)
The applicant shall record, at the cost of the applicant, a memorandum indicating that the occupancy of the ADU shall be limited to permitted occupants as stated in § 204-5, that the ADU shall not be rented to persons who are not related to the occupants of the principal dwelling, and that detached ADUs shall be removed when it is no longer used by persons to related to the occupants of the principal dwelling or converted to a nonresidential accessory use in accordance with the underlying zoning district within 180 days.
(10)
All ADUs shall adhere to the following permitting requirements:
(a)
Zoning permits for ADUs shall be issued for a period not longer than one year and must be renewed at the end of the first term of issuance and every such period thereafter.
(b)
Renewal of said permits requires inspection of the ADU by the zoning officer or his/her designee.
(c)
If a permit for an ADU is not renewed, all rights granted to the landowner under such permit expire, and the landowner must re-apply for the issuance of a new zoning permit under the then current standards for the issuance of such permits.
(d)
Zoning permits for ADUs shall be renewed when a change of occupancy is proposed.
B.
Adaptive reuse of industrial structures.
(1)
The following uses, or a mixture of the following uses, are permitted within a structure for which the adaptive reuse plan has been approved as a conditional use by the Abbottstown Borough Council.
(2)
The adaptive reuse of industrial structures may be permitted as a conditional use by the Abbottstown Borough Council, in accordance with the following standards:
(c)
Access to and from residential units shall be independent of access to and from any nonresidential use located within the structure. Independent access may be provided externally to the building or from an internal system of hallways and staircases. Under no circumstances should residents be required to gain access to a residential unit through nonresidential uses.
(d)
The property owner shall supply all residential and nonresidential units with fire alarms and fire extinguishers, kept in working condition by the property owner at all times. In addition, the property owner shall provide each hallway serving independent units with fire alarms and fire extinguishers, kept in work condition by the property owner at all times.
(e)
The property owner shall provide exit signs in all hallways providing access to individual uses, kept in working condition by the property owner at all times.
(f)
The outdoor storage of raw or finished materials or products shall not be permitted.
(g)
The applicant shall demonstrate that public sewer and public water service has been secured.
C.
Adult-oriented uses.
(1)
No more than one adult-oriented use shall be permitted in any one building.
(2)
No adult-oriented use shall be located within 250 feet of any building within which is located another adult-entertainment use.
(3)
No adult-oriented use shall be located within 500 feet of the LDR or TCMU District.
(4)
No adult-oriented use shall be located within 1,000 feet of any lot upon which is located a school, place of worship, child care facility, public park or playground.
(5)
The landscaping standards of this chapter shall be met.
(6)
The building occupied as an adult-oriented use shall have an opaque covering over all windows and/or glass doors to prevent items and/or services from being visible from outside the building.
(7)
No sign shall be erected on the premises depicting or giving a visual representation of the types of items and/or services offered within the establishment.
D.
Bed-and-breakfast inns and houses.
(1)
A maximum of 10 rooms or suites are permitted in a bed-and-breakfast operation.
(2)
Meals served at bed-and-breakfast operations shall be limited to breakfasts.
(3)
Cooking facilities are prohibited in all guest rooms.
(4)
Common restrooms are permitted in bed-and-breakfast operations. If used, a minimum of one common restroom shall be provided for every two guest rooms.
(5)
Any required exterior improvements to the building, such as those required to meet applicable fire safety requirements, shall be located, to the maximum extent possible, to the rear of the building and shall not detract from the residential character of the building.
(6)
Either the bed-and-breakfast operation owner or a designated operator shall maintain a permanent residence within the bed-and-breakfast operation.
(7)
Within a bed-and-breakfast operation, common rooms may be used for the following accessory use purposes: gallery for local artists; sales of antiques, collectibles, or similar products; sales of locally produced crafts, artwork, or similar products; or coffee or tea room where coffee, tea, and light refreshments are served. No accessory use shall be permitted within rooms used as guest rooms. Where a permitted accessory use is proposed, hours of operation shall be limited to 11:00 a.m. to 6:00 p.m.
(8)
All area and bulk regulations of the underlying zoning district shall apply.
E.
Building material and contractor supply stores and storage yards. All materials and supplies shall be stored inside an enclosed structure.
F.
Business or industrial park. Business or industrial parks may include the following and other similar uses.
(1)
Printing, lithography, and publishing.
(2)
Scientific and commercial testing laboratories.
(3)
Business and professional offices.
(4)
Corporate headquarters.
(5)
Data processing services.
(6)
Postal delivery services.
(7)
Assemblage and light manufacturing.
(8)
Industrial or business park support uses intended to serve the needs of employees and visitors of the tenants of the industrial or business park, including but are not necessarily limited to newsstands, coffee shops, fitness centers, and day-care centers.
G.
Commercial day-care facilities.
(1)
The operator shall provider proof that both the provider and structure have been licensed by the appropriate county and state agencies.
(2)
The operator shall provide a plan showing the location of all fenced, outdoor play areas associated with the day-care use. These areas shall not be located in any designated front yards.
(3)
No portion of a commercial day-care facility shall be located within a 300-foot distance from any potentially hazardous land use of activity which could pose a threat to the safety and welfare of the children, staff, and other occupants at the facility. Hazardous land uses or activities include, but shall not be limited to, gasoline service stations, heavy industrial operations, storage of flammable or high pressure underground pipelines, truck or rail loading areas, or other similar uses.
H.
Continuing care retirement communities.
(1)
Permitted uses. The following types of uses shall be authorized to be included within a CCRC:
(a)
Residential uses. The following forms of residential arrangements shall be provided within a CCRC. Authorized residential arrangements include independent living, assisted living, and nursing or skilled units, and may be provided in accordance with the following:
[1]
Independent living units may be of the single-family detached, single-family semidetached, or multifamily dwelling unit types.
[2]
Assisted living units may be of the multifamily dwelling unit type.
[3]
Nursing or skilled care units shall be located within a licensed facility providing medical care and related services.
(b)
Common uses. The following common uses shall be permitted to be located within a CCRC:
[1]
Dining facilities, including central kitchens and dining areas for on-site preparation and serving of meals.
[2]
Recreation facilities, including but not limited to activity rooms, auditoriums, lounges, and libraries.
[3]
Health care facilities, including but not limited to physical therapy facilities and services, exercise room with equipment, swimming pools.
[4]
Retail sales uses intended to serve the residents and employees of the CCRC, provided that such retail sales uses do not exceed 10% of the total floor area within the CCRC.
[5]
Personal service uses intended to serve the residents of the CCRC, provided that such personal service uses do not exceed 5% of the total floor area within the CCRC.
[6]
Professional office uses intended to serve the residents of the CCRC, provided that such professional office uses do not exceed 10% of the total floor area within the CCRC. Floor area devoted to medical or care services offered directly within a nursing or skilled care facility shall not be included in calculating this percentage.
[7]
Chapels.
(2)
Bulk and area regulations. The following regulations shall be observed for CCRC developments:
(a)
Maximum development density. The maximum residential density of a CCRC development shall be defined by the density authorized in the zoning district where the CCRC development is proposed. The following weighting factors shall be employed when calculating project density.
(b)
Minimum lot size: five acres.
(c)
Maximum impervious coverage: 65%.
(d)
Maximum building height: Maximum building height shall be defined by the zoning district where the CCRC development is proposed.
(e)
Building placement. A CCRC development shall be designed as a campus-like setting. Dimensional requirements are not established for individual residential or nonresidential use types, provided that the overall project density requirements established for CCRC developments are achieved and that the following dimensional requirements for the CCRC development are applied to the CCRC parcel as a whole.
(3)
Design requirements. A CCRC development shall be subject to the following design standards:
(a)
Dwelling unit standards. The following standards shall be applied to all dwelling units within a CCRC development:
[1]
Single floor dwellings. A minimum of 50% of the dwelling units within a CCRC development shall provide a single-story living arrangement. For the purpose of this section, an apartment unit on a second or third floor shall not be considered to have a single-story living arrangement unless elevator service is provided. Nursing or skilled units shall not be included in this calculation.
[2]
Accessible dwellings. A minimum of 25% of the dwelling units within a CCRC development shall be designed to be accessible to disabled or handicapped residents.
(b)
Nonresidential use standards. The following standards shall be applied to all nonresidential uses within a CCRC development:
[1]
All nonresidential uses within a CCRC development shall be located in a central location within the community. The location of the nonresidential uses shall be connected to the pedestrian system within the development and shall be easily accessible for all residents.
[2]
Nonresidential uses may be integrated into buildings devoted to assisted living units and/or nursing or skilled units.
[3]
Where nonresidential uses are located in a building or buildings separate from residential buildings, the building(s) with the nonresidential uses shall have an architectural design that is consistent with and reflective of the architectural character of the residential buildings within the CCRC. Architectural renderings shall be submitted to document the required consistency.
(d)
Pedestrian facilities. A pedestrian network shall be provided within the CCRC development to connect all dwelling units with all activity centers, designated open space, and any common facilities. The pedestrian network shall be comprised of sidewalks and/or asphalt walkways constructed to the requirements of the Abbottstown Borough SALDO. The pedestrian network shall include benches and shelters at minimum intervals of 500 feet. The pedestrian network within a CCRC development shall be connected to the existing pedestrian network and facilities surrounding the development site to allow for convenient pedestrian access to services and amenities in close proximity to the development site.
I.
Convenience stores.
(1)
The use shall be located on a lot abutting an arterial street.
(2)
Convenience stores may include fuel pumps, which shall be at least 25 feet from any existing and required future road right-of-way or 50 feet from the road centerline, whichever is greater.
(3)
All services not normally associated with vehicular refueling shall be performed within a completely enclosed building.
(4)
The outdoor display of products for sale at the establishment shall not be permitted except for under following conditions:
(a)
Propane tank and DVD kiosks shall be permitted year round.
(b)
The temporary sale of flowers no more than one week before Easter or Mother's Day.
(c)
The temporary sale of fireworks no more than one week before the Fourth of July.
(d)
All remnants of these temporary sales, including but not limited to product, tents, trash receptacles and temporary signage shall be removed no later than three days following Easter, Mother's Day or the Fourth of July respectively.
(e)
The required number of parking spaces for the convenience store use shall be maintained at all times. Under no circumstances shall these temporary sale events reduce the available number of parking spaces below the minimum amount required by this chapter.
(5)
A site circulation plan shall be devised that separates those vehicles waiting fueling service from those awaiting other services.
(6)
A site plan shall be provided to the Zoning Officer for review. The site plan shall show building dimension and placement, internal circulation, landscaping, location and size of signage, and all other pertinent design information.
(8)
Any outdoor lighting shall comply with the provisions of this chapter.
(9)
Areas for the sale or rental of propane tanks shall conform to the requirements of § 204-31K(7).
J.
Conversion apartments.
(1)
The lot shall meet all area and bulk regulation for the underlying zoning district.
(2)
Only existing, single-family detached dwellings may be converted for conversion apartment use.
(3)
A maximum of four units may be created by the conversion of a single-family detached structure.
(4)
The first dwelling unit contains a minimum of 850 square feet of usable living space, and each successive unit contains a minimum of 700 square feet of usable living space.
(5)
Any unit with cooking facilities on the third floor level of a structure must provide a fire escape at the rear of the structure.
(6)
Parking areas shall be provided in accordance with the applicable standards of Article XII of this chapter.
(7)
Access to each unit must be reviewed and approved by an appropriate local fire protection official. The property owner shall provide each unit with fire alarms, kept in working condition by the property owner at all times.
(8)
The property owner shall provide exit signs in all hallways leading to and from second and third floor apartments. In addition, the property owner shall provide each hallway serving independent units with fire alarms, kept in working order by the property owner at all times.
K.
Cottage industries.
(1)
A cottage industry is deemed to include, but is not necessarily limited to, all occupations permitted under § 204-37P(1) as well as the following or similar types of occupations: handicraft manufacturing, cabinet shops, photographic studios, brewing, distilling, repair of outdoor fishing and hunting equipment (excluding motorized vehicles), and welding shops. Other occupations in addition to those listed above may be considered to be cottage industries provided it is determined that such occupations are of the same general character as those occupations listed above.
(2)
Not more than one cottage industry shall be allowed in or on the same premises. The presence of a home occupation in the primary dwelling unit shall not preclude the establishment of a cottage industry, provided that all applicable requirements for both cottage industries and home occupations are met.
(3)
The cottage industry shall be considered an accessory use to the main residence and shall be operated fully within an accessory building on the lot. No more than 1,500 square feet of floor area in the accessory building may be devoted to the cottage industry. The cottage industry shall not occupy more than one building.
[Amended 3-21-2024 by Ord. No. 2024-01]
(4)
The cottage industry shall conform to the area and bulk requirements of the underlying zoning district.
(5)
The person conducting the cottage industry shall reside within the dwelling located on the lot.
(6)
No more than four persons other than family members who reside within the dwelling may be employed by the cottage industry.
(8)
A minimum of two off-street parking spaces must be provided, plus one additional space for each employee.
(9)
The cottage industry shall comply with any nuisance ordinances adopted or in effect by the Borough of Abbottstown. No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke, odor, or electrical interference to the detriment of the quiet use and enjoyment of adjoining and surrounding property.
(10)
Retail sales shall be limited to the following: products produced or repaired on site, items collected, traded and/or occasionally sold by hobbyists, such as coins, stamps, and antiques, incidental sales directly associated with the cottage industry, and internet sales.
(11)
No on-site customer service or business shall be conducted before 8:00 a.m. or after 8:00 p.m.
(12)
The outdoor storage of good and/or materials of any kind is prohibited.
L.
Financial institutions.
(1)
Space for a minimum of six occupied vehicles is required for those patrons waiting in line for drive-through service. This distance shall be measured from the point at which drive-through patrons receive banking services at bank teller windows or remote teller stations.
(2)
The required space reserved for the drive-through line shall be separated from parking spaces for non-drive-through customers and from pedestrian walkways and shall be incorporated into an overall circulation plan for the site.
(3)
The drive-through facility, including teller windows and remote teller stations, and the driveway shall be located along the side or rear of the financial institution. In no event shall the drive-through facility be permitted along the front of the financial institution, between the principal structure and the adjoining public road.
(4)
A site plan shall be provided to the Zoning Officer for review. The site plan shall show building dimension and placement, internal circulation, landscaping, location and size of signage, and all other pertinent design information.
M.
Food service establishments.
(1)
Including drive-through facilities.
(a)
Space for a minimum of six occupied vehicles is required for those patrons waiting in line for drive-through service. This distance shall be measured from the point at which drive-through patrons receive food service at service windows.
(b)
The required space reserved for the drive-through line shall be separated from parking spaces for non-drive-through customers and from pedestrian walkways and shall be incorporated into an overall circulation plan for the site.
(c)
The drive-through facility, including service windows and remote ordering stations, and the driveway shall be located along the side or rear of the establishment. In no event shall the drive-through facility be permitted along the front of the establishment, between the principal structure and the adjoining public road.
(d)
A site plan shall be provided to the Zoning Officer for review. The site plan shall show building dimension and placement, internal circulation, landscaping, location and size of signage, and all other pertinent design information.
(e)
Outdoor seating areas shall be considered patron floor area for the calculation of the required number of parking spaces.
(f)
Outdoor seating areas may be located in the front yard area, provided that a minimum four-foot pedestrian path is maintained between the defined edge of the outdoor seating area and any street or parking areas.
(g)
Hours of operation shall be limited to no earlier than 6:00 a.m. or later than 10:00 p.m. for establishments without a license to serve alcohol issued by the Pennsylvania Liquor Control Board or its successor agencies. Hours of operation for establishments with a license to serve alcohol issued by the Pennsylvania Liquor Control Board or its successor agencies shall be governed by applicable requirements of said license or applicable state law.
(2)
Excluding drive-through facilities.
(a)
Kitchen exhaust shall be vented through a vertical exhaust system. For restaurants located in a two- or three-story building, all kitchen exhaust shall be vented to an exhaust outlet located no lower than the second floor of the building. For restaurants located in a single-story building, all kitchen exhaust shall be vented to an exhaust outlet located on the roof of the building.
(b)
Outdoor seating areas shall be considered patron floor area for the calculation of the required number of parking spaces.
(c)
Outdoor seating areas may be located in the front yard area, provided that a minimum four-foot pedestrian path is maintained between the defined edge of the outdoor seating area and any street or parking areas.
(d)
Hours of operation shall be limited to no earlier than 5:00 a.m. or later than 12:00 a.m. for establishments without a license to serve alcohol issued by the Pennsylvania Liquor Control Board or its successor agencies. Hours of operation for establishments with a license to serve alcohol issued by the Pennsylvania Liquor Control Board or its successor agencies shall be governed by applicable requirements of said license or applicable state law.
N.
Funeral home.
(1)
A funeral home, which shall not include a crematorium, shall meet all applicable state and federal regulations. A copy of any license and/or permit required to operate shall be provided to the Borough prior to approval.
O.
Group homes.
(1)
The provider and the structure shall be licensed by the appropriate county and/or state agencies and shall comply with all applicable rules and regulations.
(2)
No more than six residents shall occupy a group home at one time.
(3)
There shall be twenty-four-hour resident supervision by personnel qualified by training and experience in the field for which the group home is intended.
(4)
Any medical or counseling services provided shall be performed only for residents.
(5)
The lot on which a group home is located shall be at least 1,000 feet from the lot on which another group home is located. Such distance shall be measured in a horizontal straight line from the nearest point on one lot to the nearest point on the other lot.
(6)
There shall be no alteration to the outside of the structure that would alter the single-family character of the dwelling, be inconsistent with the basic architecture of the dwelling, or be incompatible with surrounding dwellings.
(7)
No sign for the group home shall be displayed.
P.
Home occupations.
(1)
A home occupation is deemed to include, but is not necessarily limited to, the following types of occupations: barber; hairdresser; dressmaker; milliner; professional office of attorney, architect, landscape architect, community planner, engineer, accountant, physician, dentist, realtor, insurance agent, clergyman, teacher, artist, horticulturist, or surveyor; clerical, typing and/or word processing services; specialty "homemade food" products, which require licensing for home production by a state and/or local health agency; and appliance repair, provided that no work may be performed out of doors and no appliances may be stored out of doors. Other occupations in addition to those listed above may be considered to be home occupations provided it is determined that such occupations are of the same general character as those occupations listed above.
(2)
Not more than one home occupation shall be allowed per parcel. The presence of a cottage industry in an accessory structure shall not preclude the establishment of a home occupation, provided that all applicable requirements for home occupations and cottage industries are met.
(3)
The person conducting the home occupation shall reside within the dwelling located on the lot.
(4)
No more than two persons other than family members who reside within the dwelling may be employed by the home occupation.
(5)
The home occupation shall be operated entirely within the dwelling unit. No more than 25% of the livable floor area of the dwelling may be devoted to the home occupation. The applicant shall submit floor plans of the dwelling or the accessory building devoted to home occupation use. Said floor plans shall clearly depict the portion of the building devoted to home occupation use.
(7)
The dwelling in which the home occupation is conducted shall retain a residential design and character. The applicant shall submit photographs of the existing building and shall submit architectural drawings of said building if an addition is proposed in support of the home occupation use. Said photographs and/or architectural drawings shall demonstrate that residential design and character will be retained.
(8)
A minimum of two off-street parking spaces must be provided, plus one additional space for each employee.
Q.
Hospitals.
(1)
A hospital shall have a minimum tract size of 10 acres. Each lot within a hospital development shall comply with the minimum lot area and width requirements of the zoning district within which it is located.
(2)
A hospital shall be located on a lot abutting and having direct vehicular access onto an arterial or collector street as defined in this chapter.
(3)
A minimum of two access drives, complying with the requirements of § 186-29 of the Borough Subdivision and Land Development Ordinance, shall be provided from such arterial or collector road. However, the hospital shall make the maximum use possible of interior roads or access drives, as opposed to numerous driveways entering onto existing public roads.
(4)
A hospital may include various accessory uses that are customarily incidental to and in direct support of the primary health care mission of the hospital. Such accessory uses could include the following facilities, which shall be integrated with the hospital facilities:
(a)
Medical and administrative offices.
(b)
Medical laboratory or blood donor station.
(c)
Patient hostel.
(d)
Hospital staff dormitory.
(e)
Ambulance service.
(f)
Methadone clinics and drug rehabilitation facilities.
(g)
Pharmacy.
(h)
Gift shop.
(i)
Teaching facilities.
(j)
Research facilities.
(k)
Interior service and convenience uses.
(5)
The principal and accessory uses comprising the hospital may be located in a single building or may consist of several buildings located on one or more lots.
(6)
Regardless of the number of buildings on a lot, all front, rear, and side yard building setbacks for the zoning district within which it is located shall apply.
(7)
The hospital shall be in single ownership and shall consist of harmonious groupings of buildings, service and parking areas, circulation, and open space.
(8)
Off-street parking shall be permitted in the areas required for front, side, and rear yard setbacks up to a point of 25 feet from any front, side, or rear lot line of the hospital. This setback shall not be applied along internal lot lines of the hospital for common parking areas serving buildings on multiple lots. All parking areas shall be suitably paved with permanent hard-surface coverings.
(9)
Where a hospital contains any of the accessory uses listed above, the number of parking spaces required shall be the sum of the parking requirements for each separate principal and accessory use.
(10)
All buildings within a hospital development shall be provided with centralized sewer and water services.
(11)
The facility shall comply with all applicable federal, state, county, and local regulations and shall be licensed as required by the state.
(12)
Lighting for buildings, access ways and parking areas shall comply with the requirements of this chapter.
(13)
Any patient hostel or hospital staff dormitory shall comply with the following requirements:
(a)
Permitted accessory uses include off-street parking, indoor vending machines and laundry facilities. These accessory uses shall be intended only for use by the residents of the patient hostel or the hospital staff dormitory.
(b)
Any hospital staff dormitory shall be located a minimum of 150 feet from any lot line of an existing dwelling or boundary of a residential district.
(c)
Any hospital staff dormitory shall have a maximum capacity of one resident per 500 square feet of lot area and shall be restricted to hospital staff members.
S.
Manufacturing, heavy.
(1)
Proposed heavy manufacturing uses shall provide to the Borough copies of all applicable state and federal emission, disposal, operation, transportation and other permits required by state and/or federal law before a zoning permit will be issued.
(2)
The outdoor storage of raw or finished materials or products shall be permitted provided that all materials and/or products are fully screened from view by any adjoining residential parcels. Where a fence is used as part of this screening, landscaping shall be provided along the outside edge of the fence. All such screening shall be done in accordance with § 204-32.
(3)
Materials shall not be piled or stacked higher than the screening, landscaping and/or fence.
(4)
Where the site abuts a residential zone or district permitting residential use, the building wall facing such lots shall not have any service door openings or loading docks oriented toward the residential zone.
T.
Manufacturing, light.
(1)
All light manufacturing activities shall be conducted within completely enclosed structures.
(2)
No outdoor storage of raw or finished materials or products shall be permitted.
(3)
Where the site abuts a residential zone or district permitting residential use, the building wall facing such lots shall not have any service door openings or loading docks oriented toward the residential zone.
U.
Manufacturing, medium.
(1)
The outdoor storage of raw or finished materials or products shall be permitted provided that all materials and/or products are fully screened from view by any adjoining residential parcels. Where a fence is used as part of this screening, landscaping shall be provided along the outside edge of the fence. All such screening shall be done in accordance with § 204-32.
(2)
Materials shall not be piled or stacked higher than the screening, landscaping and/or fence.
(3)
Where the site abuts a residential zone or district permitting residential use, the building wall facing such lots shall not have any service door openings or loading docks oriented toward the residential zone.
V.
Mixed-use structures.
(1)
Mixed-use structures shall consist of two or more limited specialty retail, business office, professional office, or food service establishment uses or one or more specialty retail, business office, professional office, or food service establishment uses and one or more residential units.
(2)
Commercial uses outlined in § 204-37W(1) may be located on the first floor of the structure, and also, when access is approved by appropriate local fire protection officials, on the second floor of the structure.
(3)
Professional office or business office uses outlined in § 204-37W(1) may be located on the first and second floors of a structure. The third floor of a structure may also be used for professional offices or business offices provided that the office space on the third floor is an extension of a professional office or business office business which has its primary office space on the first or second floors.
(5)
Access to and from residential units shall be independent of access to and from any nonresidential use located within the mixed-use structure. Independent access may be provided externally to the building or from an internal system of hallways and staircases. Under no circumstances should residents be required to gain access to a residential unit through commercial, business office, or professional office spaces.
(6)
Access to second and third floor uses, whether residential, commercial or professional office in nature, shall be approved by appropriate local fire protection officials. The property owner shall supply all residential units and each floor of commercial or professional office space with fire alarms, kept in working condition by the property owner at all times.
(7)
The property owner shall provide exit signs in all hallways leading to and from second and third floor uses. In addition, the property owner shall provide each hallway serving independent units and each use area with fire alarms, kept in working condition by the property owner at all times.
W.
Mobile home park.
(1)
All mobile home park proposals shall meet the applicable standards contained in the Abbottstown Borough Subdivision and Land Development Ordinance.
X.
Multifamily development.
(1)
No multifamily dwelling shall include more than 16 dwelling units.
(2)
In addition to the setback and yard requirements of the underlying zoning district, every multifamily dwelling shall meet the following building separation requirements.
(4)
Off-street parking shall not be located between the front facade of the building and the adjoining street right-of-way or access drive. Such parking shall be provided in one or more of the following locations.
(a)
In a common parking lot located to the rear of the building.
(b)
In a common garage located underneath the building and accessed from the rear of the building.
(c)
In garage spaces dedicated to individual dwelling units and accessed from the side or rear of the building.
(d)
A maximum of two access driveways are permitted to provide access a common parking area from public streets or main internal circulation driveways.
(5)
Architectural styles and building materials shall be similar to those found in surrounding residential areas. An architectural rendering shall be supplied showing all architectural elements and indicating construction materials.
Y.
Nursing or residential care facilities.
(1)
Permitted uses. The following types of uses shall be authorized to be included within nursing or residential care facilities:
(a)
Residential uses. At least one of the following forms of residential arrangements shall be provided within a nursing or residential care facility.
(b)
Common uses. The following common uses shall be permitted to be located within a nursing or residential care facility:
[1]
Dining facilities, including central kitchens and dining areas for on-site preparation and serving of meals.
[2]
Recreation facilities, including but not limited to activity rooms, auditoriums, lounges, and libraries.
[3]
Health care facilities, including but not limited to physical therapy facilities and services, exercise room with equipment, swimming pools.
[4]
Personal service uses intended to serve the residents of the CCRC, provided that such personal service uses do not exceed 5% of the total floor area within the nursing or residential care facility.
[5]
Professional office uses intended to serve the residents of the nursing or residential care facility, provided that such professional office uses do not exceed 10% of the total floor area within the nursing or residential care facility. Floor area devoted to medical or care services offered directly within a nursing or skilled care facility shall not be included in calculating this percentage.
[6]
Chapels.
(2)
Bulk and area regulations. The following regulations shall be observed for nursing or residential care facility developments:
(a)
Maximum development density. The maximum residential density of a nursing or residential care facility development shall be defined by the density authorized in the zoning district where the nursing or residential care facility development is proposed. The following weighting factors shall be employed when calculating project density.
(b)
Minimum lot size: three acres.
(c)
Maximum impervious coverage: 65%.
(d)
Maximum building height: Maximum building height shall be defined by the zoning district where the nursing or residential care facility development is proposed.
(e)
Building placement. A nursing or residential care facility development shall be designed as a campus-like setting. Dimensional requirements are not established for individual residential or nonresidential use types, provided that the overall project density requirements established for nursing or residential care facility developments are achieved and that the following dimensional requirements for the CCRC development are applied to the nursing or residential care facility parcel as a whole.
(f)
Minimum building separation. The following minimum building separation distances shall be applied to all buildings within the nursing or residential care facility development:
(3)
Design requirements. A nursing or residential care facility development shall be subject to the following design standards:
(a)
Dwelling unit standards. The following standards shall be applied to all dwelling units within a nursing or residential care facility development:
[1]
Accessible dwellings. A minimum of 25% of the dwelling units within a nursing or residential care facility development shall be designed to be accessible to disabled or handicapped residents.
Z.
Public or private schools.
(1)
A site circulation plan that separates the bus loading and drop-off zone(s) from student, employee and/or visitor parking areas shall be provided. Under no circumstances shall pedestrian facilities for students, employees or visitors be allowed to cross through the bus loading and drop-off zone(s).
AA.
Recycled material collection and processing facilities.
(1)
All operations, including collection, shall be conducted within a wholly enclosed building.
(2)
There shall be no outdoor storage of materials collected, used, or generated by the operation.
(3)
The applicant shall provide a written explanation of the scope of the operation and any measures used to mitigate problems associated with noise, fumes, dust, and litter.
(4)
The applicant will assure regular maintenance and the immediate collection of stray debris.
(5)
The lot shall have direct access onto a roadway deemed adequate by the Borough Engineer as having adequate structural and geometric characteristics to accommodate the anticipated future truck traffic.
(6)
The facility shall not be located within 500 feet of any residential use or district.
BB.
Residential day-care facilities.
(1)
The operator shall provider proof that both the provider and structure have been licensed by the appropriate county and state agencies.
(2)
No more than five persons shall receive care at any one time.
(3)
The operator shall provide a plan showing the location of all fenced, outdoor play areas associated with the day-care use. These areas shall not be located in any designated front yards.
(4)
No portion of a residential day-care facility shall be located within a 300-foot distance from any potentially hazardous land use of activity which could pose a threat to the safety and welfare of the children, staff, and other occupants at the facility. Hazardous land uses or activities include, but shall not be limited to, gasoline service stations, heavy industrial operations, storage of flammable or high-pressure underground pipelines, truck or rail loading areas, or other similar uses.
DD.
Self-storage facilities.
(1)
Structures containing self-storage units shall be limited to one story and shall not exceed 12 feet in height.
(2)
Each individual storage unit shall abut a paved access aisle at least 20 feet wide.
(3)
A security fence at least six feet high shall surround a self-storage facility, and access through such fence shall be by way of an automatic gate, security guard, or similar means.
(4)
A buffer yard at 25 feet in width, including a planting screen, shall be provided when a self-storage facility abuts an existing residential use or a residential district and shall be in accordance with the standards for such. Within the buffer yard, the developer shall provide vegetation to provide visual screening. The screening shall contain various types and sizes of plant species, arranged in such a manner to establish an effective visual barrier.
(5)
The use of individual storage units shall be restricted to household goods and business equipment, supplies, and records. No storage of perishable items or hazardous, explosive, or highly flammable materials, or materials that emit noxious odors shall be permitted. No business activities including, but not limited to, equipment servicing or repair, shall be conducted on the site. Storage units shall not be used as areas for rehearsals by musical groups.
(6)
No storage outside of individual units shall be permitted.
(7)
No outdoor storage of recreational vehicles, boats, or similar vehicles shall be permitted, except in approved vehicle storage areas.
(8)
No outdoor storage of unlicensed vehicles shall be permitted.
(9)
A self-storage facility may include an office/residence for an on-site manager/caretaker as part of the principal use. This building shall not be used solely as a residence, but must serve, in part, as an office for the self-storage facility. The building may be occupied as a dwelling by only manager/caretaker and his/her family.
(11)
All access drives, aisles, parking, and loading areas shall be constructed in accordance with applicable requirements of the Abbottstown Borough Subdivision and Land Development Ordinance.
(12)
Lighting shall be permitted in accordance with this chapter.
EE.
Shopping centers.
(1)
A shopping center shall contain a minimum of four separate uses.
(3)
The developer shall design the plaza at a pedestrian scale, such that the arrangement of buildings creates a cluster of commercial uses surrounding a center court. Parking areas shall be located to the sides or rear of the property. Under no circumstances will the typical "strip" development, with buildings arranged parallel to the road and parking located in front of the buildings, be permitted.
(4)
An architectural rendering showing the appearance of store facades, including all signage, building materials, and colors, shall be submitted with the site plan.
(5)
Only one primary ingress and egress point shall be permitted. The access shall be located on a road classified as an arterial road.
(6)
A secondary ingress and egress point shall be permitted as well, provided it is limited to right-in, right-out turning movements. The access shall not be located on the same road as the primary ingress and egress point.
(7)
The applicant shall work with the Borough, the county, and the state, as applicable, to determine the most suitable placement of all ingress and egress points. The applicant shall be responsible for any traffic control devises required as a result of the development.
FF.
Single-family attached dwellings.
(1)
No building consisting of single-family attached dwellings shall include more than eight dwelling units.
(2)
In addition to the setback and yard requirements of the underlying zoning district, single-family attached dwellings shall meet the following building separation requirements.
(a)
The front facade of a building consisting of single-family attached dwellings shall be no closer than 30 feet to any facade of any other building consisting of single-family attached dwellings.
(b)
The side and rear facades of a building consisting of single-family attached dwellings shall be no closer than 20 feet to the side and rear facades of any other building consisting of single-family attached dwellings.
(3)
Within any building consisting of single-family attached dwellings, no adjacent single-family attached units shall have a building footprint placed at the same distance from the front lot line, the street line, access drive line, or other feature defining the front of the property. The building footprint of adjacent dwellings shall vary by no less than two feet and no more than four feet to create a staggered appearance of the individual single-family attached units. Further, the roof plane shall vary from dwelling unit to dwelling unit in a manner consistent with the variation in the location of the front and rear of the building footprint.
(4)
There shall be, for any building consisting of single-family attached dwellings, at least three different architectural plans having substantially different designs, building materials, and exterior and floor elevations.
(5)
All single-family attached units shall comply with the following architectural requirements:
(a)
Windows shall constitute a minimum of 15% of the total area of every front and rear wall, and 10% of the total area of every side wall.
(b)
A minimum roof pitch of no less than 4/12 shall be used.
(c)
Eaves shall be provided on all single-family attached buildings. The use of eaves in coordination with additional architectural features, such as dentils, brackets, and decorative moldings, is strongly encouraged.
(d)
An architectural feature, such as but not limited to vertical bands, shall be used to delineate the individual dwelling units of a building consisting of single-family attached dwelling units. In no event shall the building facade transition from one dwelling unit to another without a distinct visual or architectural break between the two units.
(6)
On any building consisting of single-family attached dwelling units, all individual dwelling units shall share a common roofing material and color.
GG.
Truck terminals, warehousing, wholesaling and/or distribution facilities.
(1)
These provisions shall not apply to wholesale buying or membership clubs that are open to the public.
(2)
There shall be a two-acre minimum lot size.
(3)
A 100-foot setback line shall be required along any boundary line that separates the site from a zoning district that permits residential development or from an existing residential property.
(4)
A twenty-foot buffer yard shall be provided along the exterior lot lines, except for vehicular and pedestrian access areas traversing the yard areas.
(5)
Within the buffer yard, the developer shall provide vegetation to provide visual screening. The screening shall contain various types and sizes of plant species, arranged in such a manner to establish an effective visual barrier.
(6)
Loading and unloading docks shall be located on the side of the building furthest removed from the closest residential structure.
(7)
The loading and unloading areas shall be designed such that all truck maneuvering can be accomplished on the property inside all road rights-of-way.
(8)
A site plan shall be submitted to the Borough Council for use at the conditional use hearing during which the project will be reviewed. The site plan shall show building dimension and placement, internal circulation, landscaping, and all other pertinent design information needed for the complete review of the project.
(9)
Truck or rail access and operations shall not conflict with the convenience and safety of vehicular traffic and parking.
(10)
No storage of trash, garbage, refuse, explosive or flammable materials, hazardous substances, or similar items shall be permitted.
HH.
Undertaking and crematorium establishments.
(1)
Undertaking and crematorium establishments, which may be combined or separate uses, may also include a funeral home component and shall meet all applicable state and federal regulations. A copy of any license and/or permit required to operate shall be provided to the Borough prior to approval.
II.
Vehicle sales, service and/or repair.
(1)
All services not normally associated with vehicular sales, including but not necessarily limited to major vehicular repair, shall be performed within a completely enclosed building.
(2)
A site circulation plan that separates those patrons awaiting vehicle repair from those patrons awaiting other services shall be prepared. At a minimum, parking shall not be permitted between the service bays and any other component of the operation. A "No Parking" lane shall be established in front of the entrance to the service bays.
(3)
All repair and paint work shall be performed within an enclosed building.
(4)
All provisions shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots.
(5)
Outdoor storage of vehicles shall not exceed three times the indoor repair area, shall only be back of the front building setback line and shall be no closer than 20 feet from side and rear lot lines.
(6)
All dismantled vehicles and vehicle parts are to be located within an enclosed building. Outdoor storage of vehicle parts and junk shall be prohibited.
(7)
Main or accessory buildings shall not be located closer than 50 feet to any residential district or the lot line of any existing principally residential use.
(8)
No more than five vehicles in nondrivable condition shall be stored within view of a public road or adjacent lot.
(9)
Any vehicle on the premises longer than 14 days shall be deemed to be a stored vehicle. No vehicle shall be stored in excess of 45 days.
(10)
No recreational vehicle that is under repair at a repair station shall be utilized for temporary dwelling purposes during the time that it is stored at the repair station.
JJ.
Veterinary and animal hospitals.
(1)
A minimum lot size of at least one acre shall be required for those animal hospitals treating small animals (such as dogs, cats, and birds). A minimum lot size of at least three acres shall be required for those animal hospitals treating large animals (such as cattle, horses, and other livestock).
(2)
All buildings in which animals are housed or provided care shall be located at least 50 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds outside the building will be minimized and not result in a nuisance.
(3)
Outdoor animal runs may be provided for small animals so long as a visual barrier at least four feet in height is provided between the runs and a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 10:00 p.m. to 7:00 a.m.
(4)
An animal hospital shall not include the sheltering of stray, abandoned or unwanted animals.
(5)
Animals may be kept overnight on a limited basis, usually for a single night as a follow-up to specific treatment that requires such a stay. Animals that are kept overnight must remain inside the building and may be taken outside for a limited time only by office staff.
KK.
Wireless communications antennas. These standards apply to wireless communications antennas mounted on an existing public utility transmission tower, building, or other structure, along with associated communications equipment buildings.
(1)
Building-mounted wireless communications antennas shall not be located on any single-family detached dwelling.
(2)
Building-mounted wireless communications antennas shall not be permitted to exceed the height of the structure it is mounted on by more than 20 feet. Omnidirectional or whip wireless communications antennas shall not exceed 20 feet in height or seven inches in diameter.
(3)
Directional or panel wireless communications antennas shall not exceed five feet in height and three feet in width.
(4)
Any applicant proposing wireless communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania-registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
(5)
Any applicant proposing wireless communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the enforcement officer for compliance with all codes and applicable law.
(6)
Any applicant proposing wireless communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and wireless communications equipment building can be accomplished.
(7)
Wireless communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(8)
Wireless communications antennas shall not cause radio frequency interference with other communications facilities located in Abbottstown Borough.
(9)
Any wireless communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
(10)
The owner or operator of the wireless communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.
LL.
Wireless communications towers. The following standards shall be applicable to the erection of a new, or an enlargement of an existing, wireless communication tower.
(1)
Evaluation of siting opportunities. An applicant seeking zoning permit approval to erect a wireless communications tower or enlarge an existing wireless communications tower shall demonstrate compliance with the following requirements.
(a)
An applicant shall demonstrate that all structures in excess of 50 feet in height within a one-mile radius of the proposed site have been evaluated as an alternative site. Installation opportunities include, but are not limited to, smoke stacks, water towers, agricultural silos, tall buildings, towers operated by other wireless communication companies, and other communications towers (fire, police, etc.). The applicant shall provide a site alternative analysis describing the location of other sites that were considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the alternative site was not chosen. Where an alternative site is not chosen, supplementary evidence shall include one or more of the following reasons for not proposing to install wireless communications antenna on the alternative site:
[1]
The proposed antennas and related equipment would exceed the structural capacity of the existing structure, as certified by an engineer licensed in the Commonwealth of Pennsylvania, and that appropriate reinforcement cannot be accomplished.
[2]
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment, as certified by an appropriate technical expert, and that the interference cannot be effectively mitigated.
[3]
The existing structure does not possess appropriate location, space, or access, to accommodate the proposed antennas and equipment or to allow the antennas and equipment to perform their intended function.
[4]
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure that exceeds applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. Such a determination shall be certified by an appropriate technical expert.
[5]
A commercially reasonable agreement could not be reached with the owners of such structures. Where such an agreement is not reached, the applicant shall indicate why any offers or counter-offers made were deemed to be unreasonable.
(b)
If the applicant claims that no structures in excess of 50 feet exist within the study area, the applicant shall provide evidence detailing how such determination was made. Such written evidence shall be submitted, and deemed to be complete, before approval for the erection of a wireless communications tower may occur.
(c)
An applicant shall demonstrate that the proposed facility is needed at the proposed location. The applicant shall provide an existing coverage analysis demonstrating a "dead spot" at or near the proposed tower location.
(d)
An applicant shall provide a written analysis that identifies potential negative impacts on neighboring residents and properties, and indicates how negative impacts will be effectively mitigated.
(2)
Where the applicant has demonstrated that no opportunities exist to site wireless communications antenna on an existing structure and that a wireless communications tower is necessary, the following siting criteria must be met:
(a)
The minimum distance between the base of the wireless communications tower, or any anchoring guy wires, and any property line or public road right-of-way, shall be a minimum of 30% of the tower height.
(b)
The minimum distance between the base of the tower, or any anchoring guy wires, and residential, place of worship, or school property shall be 200 feet.
(3)
An applicant must demonstrate that a proposed wireless communications tower is the minimum height required to function satisfactorily. The maximum height of a wireless communications tower shall be 120 feet, exclusive of any antennas or other equipment attached thereto. The maximum height of a wireless communications tower including any antennas or other equipment attached thereto shall be 130 feet.
(4)
An applicant shall demonstrate that the proposed tower will not negatively affect surrounding areas as a result of structural failure, falling ice or other debris, or radio frequency interference. All wireless communications towers shall be fitted with anti-climbing devices, as approved by the manufacturers.
(5)
The applicant shall use the monopole, or davit-pole, type of wireless communications tower. Lattice-type wireless communications towers shall be prohibited.
(6)
The applicant shall demonstrate compliance with the following landscaping requirements:
(a)
The base of the wireless communications tower, any supporting cables or guy wires, maintenance buildings, and parking areas, shall be enclosed by a protective fence. The protective fence shall be a minimum of six feet in height.
(b)
An evergreen screen shall be planted around the external perimeter of the protective fence. Evergreen trees shall be a minimum of six feet at planting, and shall reach a minimum height of 15 feet at maturity. Any trees which die within a year of planting shall be replaced by the applicant. Where the tower site is either fully or partially located within a grove of existing trees, the evergreen screen requirement may be waived along any portion of the protective fence that is blocked from view from beyond the property line hosting the facility by said grove of trees.
(7)
Where a specific color pattern is not required by the Federal Aviation Administration (FAA), wireless communications tower colors shall be a light grey or galvanized metal color. Towers shall be finished, treated and maintained in a manner that prevents the formation of rust.
(9)
Access to a wireless communications tower facility shall be provided by an access driveway located within an easement of at least 20 feet in width. The access driveway shall be a minimum of 10 feet in width, and shall be constructed with a dust-free, all-weather surface for its entire length.
(10)
An applicant shall obtain land development and/or all other approvals/permits from the Borough prior to zoning permit approval.
(11)
A list of the contents of the equipment building or box, with specific attention to any potentially unsafe or toxic substances, including batteries, to be located in the facility, shall be provided. Documentation demonstrating how any spills of unsafe or toxic material will be contained within the equipment building or box shall also be provided.
(12)
Information regarding the intended power supply and auxiliary power supply for the facility shall be provided.