Adamstown City Zoning Code
ARTICLE VII
Criteria for Special Exceptions, Conditional Uses and Other Selected Uses
§ 320-55 General description.
It is the intent of this article to provide special controls and regulations for particular uses that may be permitted by right or by special exception or by conditional use within the various zoning districts established in this chapter. Special exceptions and conditional uses are deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in this article, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case. The Zoning Hearing Board may grant approval of a special exception, provided that the applicant complies with the standards for special exceptions set forth in this article and demonstrates that the proposed special exception shall not be detrimental to the health, safety and welfare of the neighborhood. Similarly, the Borough Council may grant approval of a conditional use under applicable regulations. The burden of proof shall rest with the applicant. In granting a special exception or conditional use, the Zoning Hearing Board or Borough Council, as appropriate, may attach such reasonable conditions and safeguards in addition to those expressed in this chapter as it may deem necessary to implement the purposes of this chapter.
§ 320-56 Procedure.
The procedure for consideration of a special exception or conditional use shall follow the procedure for review and hearings as stated in Article XII of this chapter.
§ 320-57 Plan requirements.
In addition to any plan informational requirements for a specific land use identified in this article, a special exception or conditional use application shall be accompanied by a scaled drawing of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter and shall include the following:
A.
The location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, and other pertinent information.
B.
The names and addresses of adjoining property owners, including properties directly across a street right-of-way.
C.
Ground-floor plans and building elevations of proposed structures.
D.
A written narrative of the proposed use in sufficient detail to determine that all applicable standards are adequately addressed.
§ 320-58 General standards for all special exception and conditional use applications.
In order to receive a special exception or conditional use approval, the applicant shall establish by credible evidence presented to the Zoning Hearing Board or Borough Council, as applicable, with the application or during the hearings, that:
A.
The proposed use is consistent with the purpose and intent of this chapter.
B.
The proposed use does not detract from the use and enjoyment of adjoining or nearby properties.
C.
The application complies with all criteria established for the respective land use proposal addressed elsewhere in this chapter.
D.
The proposed use does not substantially impair the integrity of the Strategic Comprehensive Plan for the Cocalico Region.
E.
The required front yard, side yards, open space areas, and height limitations for the applicable zoning district have been met.
F.
The off-street parking provisions are in conformance with those specified in Article VIII of this chapter.
G.
Points of vehicular access to the lot are provided at a distance from intersections and other points of access and in number sufficient to prevent undue traffic hazards and obstruction to the movement of traffic.
H.
The location of the site with respect to the existing roads giving access to it is such that the safe capacity of those roads is not exceeded by the estimated traffic to be generated or attracted and not out of character with the normal traffic using said public road.
I.
The pedestrian access from the off-street parking facilities is separated from vehicular access and sufficient to meet the anticipated demand.
J.
The proposed use is not incompatible with the existing traffic conditions and adjacent uses and will not substantially change the character of the immediate neighborhood.
K.
Facilities are available to adequately service the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water and other utilities, etc.).
L.
Screening of the proposed use from adjacent uses is sufficient to prevent the deleterious impact of the uses upon each other.
M.
The use of the site complies with the requirements of any other public agency having jurisdiction over the proposed use.
N.
Operations in connection with a special exception or conditional use will not be more objectionable to nearby properties by reason of noise, odor, fumes, vibration, glare or smoke than would be the operations of any permitted use.
O.
Sufficient setbacks to and/or from agricultural operations are provided in accordance with the applicable district regulations.
§ 320-59 Criteria for specific land uses.
In addition to those items required by §§ 320-57 and 320-58 (if applicable), each of the following land uses contains criteria that shall be addressed by the applicant and reviewed by the Zoning Officer, when permitted by right, or by the Zoning Hearing Board, when permitted by special exception, or by the Borough Council, when permitted by conditional use.
§ 320-60 Bed-and-breakfast inns.
All bed-and-breakfast establishments as defined in this chapter shall be subject to the following additional requirements:
A.
Meals may be offered only to registered guests, and breakfast shall be the only meal which shall be offered.
B.
The bed-and-breakfast establishment shall comply with all applicable state and federal regulations, including but not limited to the regulations of the Pennsylvania Department of Labor and Industry.
C.
The person operating the bed-and-breakfast establishment shall be a resident of the dwelling. Management of a bed-and-breakfast establishment by a nonresident manager may be approved by the Zoning Hearing Board.
§ 320-61 Billboards.
Billboards are permitted, subject to strict compliance with the following conditions as well as any other applicable requirement:
A.
The panel shall not exceed 300 square feet in area on one side.
B.
No more than one panel (two sides) shall be permitted on a lot. Panels cannot be stacked.
C.
There shall be a minimum of 1,000 feet between billboards (except if a billboard is attached to the opposite side of an existing billboard).
D.
No billboards shall be erected less than 600 feet from existing dwellings.
E.
If lighted, a nonglare lighting fixture designed for outdoor use shall be used.
F.
No billboard shall be more than 25 feet high.
G.
All billboards shall be set back a minimum distance of 50 feet from the street right-of-way line or any side lot line.
H.
Any applicant for erection of an off-premises billboard must furnish a copy of an agreement with the owner of the property on which the billboard is proposed to be located.
I.
All billboards shall be subject to all other applicable state and federal regulations, including but not limited to the Pennsylvania Beautification Act, as well as other requirements for permits on state highways.
§ 320-62 Communications antenna mounted on existing structure.
Communications antennas mounted on an existing public utility transmission tower, building or other structure, including existing communications towers and communications equipment buildings, shall be subject to the following criteria:
A.
The applicant shall demonstrate that the proposed location is necessary for the efficient operation of the system.
B.
The applicant shall submit notice of approval for the proposed installation from the Federal Aviation Administration and the Federal Communications Commission or evidence that no such approval is required.
C.
Communications antennas shall not cause radio frequency interference with other communications facilities located in the Borough.
D.
A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
E.
The owner or operator of the communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.
F.
The applicant shall submit a plan for the removal of the communications antenna and related equipment and facilities when they become functionally obsolete or are no longer in use. The applicant shall be responsible for the removal of the facility within three months from the date the applicant ceases use of the facility or the facility becomes obsolete.
G.
The installation of communications antennas on any historic property will be permitted only when the communications antennas will be installed using stealth technology and will not be visible to persons looking at the historic property. For the purposes of this section only, a historic property is defined as a district, site, building, structure or object that is on or eligible for inclusion on the National Register of Historic Places, is recognized by the Pennsylvania Historical and Museum Commission as being historically significant, or is recognized by the Historic Preservation Trust of Lancaster County as being historically significant. Any lot which contains a historic property shall also be considered a historic property. The applicant shall provide renderings or other diagrams illustrating how the historic property will appear after installation of the communications antenna. Any equipment building or cabinet associated with the communications antenna shall be designed in a manner in keeping with the architecture of the existing structures on the historic property, or all equipment shall be located within an existing structure on the historic property. The applicant shall demonstrate that the installation of the communications antennas and the erection of any communications equipment building complies with all requirements of the National Historic Preservation Act and shall present copies of applicable communications with the State Historic Preservation Office of the Pennsylvania Historical and Museum Commission, including but not limited to the letter of determination.
H.
No communications equipment building shall exceed 200 square feet. If the carrier proposes to use equipment cabinets placed upon a pad, the total area of the pad for all of the equipment cabinets and building shall not exceed 200 square feet in area.
I.
Building-mounted communications antennas shall not be located on any building used for residential purposes.
J.
In addition to the other requirements of this section, building-mounted communications antennas shall not be permitted to exceed the height limitations of the applicable zoning district by more than 20 feet.
K.
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter. Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
L.
The applicant 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 communications antenna location.
M.
The applicant shall submit detailed construction and elevation drawings indicating how the communications antennas will be mounted on the structure.
N.
The applicant shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the communications antennas are to be mounted so that installation and maintenance of the communications antennas and communications equipment building can be accomplished.
O.
The applicant proposing communications antennas to be mounted on any existing tower shall completely enclose the tower with an eight-foot-high nonclimbable fence with a self-locking gate.
P.
The communications antennas and related equipment and facilities shall be visually disguised or concealed, and the applicant shall submit testimony on how the communications antennas and related equipment and facilities will be disguised or concealed so that they are not visible from the surrounding area.
§ 320-63 Communications towers.
Communications towers, including all communications antennas and communications equipment buildings associated with such towers, shall be subject to the following criteria:
C.
The applicant shall demonstrate by means of engineering testimony and reports that the communications tower and all communications antennas to be installed on the communications tower are the minimum height required to function satisfactorily.
D.
Any communications tower shall be set back from each property line a distance equal to its height unless applicant demonstrates by clear and convincing evidence that there will be no danger to persons or property with a lesser setback, but in no circumstances shall the tower be set back less than 100 feet from any property line. To demonstrate that there will be no danger to persons or property with a lesser setback, the applicant shall provide expert testimony by a structural engineer concerning the ability of the communications tower to withstand wind, any other adverse conditions and how the communications tower will fall if it should fail structurally. The setback required by this subsection shall also be applicable to guide wire anchors for the communications tower.
E.
The applicant shall furnish expert testimony regarding the construction methods or other measures used to prevent the toppling of any communications tower onto adjoining properties and/or roads and the wind-borne scattering of ice onto adjoining properties and/or roads. The applicant shall be required to implement construction methods or standards to prevent such occurrences.
F.
All towers shall be completely enclosed by an eight-foot-high nonclimbable fence and self-locking gate. The applicant shall provide landscaping which shall visibly screen the fence. The applicant shall present a plan of the proposed landscaping.
G.
Communications towers shall be sited so as to separate them from adjacent activities and structures located on adjoining lots.
H.
Towers shall not be artificially lighted, unless required by the Federal Aviation Administration or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to surrounding properties.
§ 320-64 Home day care and day-care centers.
All home day care (as a home occupation) and day-care centers shall be subject to the following regulations:
A.
A pickup and dropoff area shall be provided, which shall provide the children and/or adults with safe access to the dwelling.
B.
For child-day-care uses, an outdoor play area shall be provided, which shall be fenced in order to protect the children.
C.
A valid certification to operate a day-care center issued by the Department of Public Welfare shall be obtained and in force, if such certificate is required for operation by the Department of Public Welfare.
§ 320-65 Home occupations.
All home occupations shall be subject to the following regulations:
A.
No more than two home occupations shall be permitted in any dwelling.
B.
The person conducting a home occupation shall be a resident of the dwelling.
C.
No more than one person not in residence in the dwelling shall be employed in such occupation.
D.
No more than 25% of the floor area of the dwelling shall be devoted to the home occupation. In computing the floor area of the dwelling, attics and basements that are not finished and are not used for residential or home occupation purposes shall not be included. In determining the floor area of the home occupation, areas that are used principally for residential purposes but which may also by used in conjunction with the home occupation, such as common hallways, common bathrooms and congregating areas, shall be excluded from the calculation.
E.
No displays or change in the building facade, other than a permitted sign, shall indicate from the exterior that the dwelling is being used for any purpose other than as a dwelling.
F.
The home occupation shall be conducted entirely within the dwelling. No outdoor storage shall be permitted, and no manufacturing, repairing or other activity connected with the home occupation shall be performed outside of the dwelling. The home occupation shall be conducted in such a manner that no noise, odor, vibration or other evidence of the home occupation is perceptible from the street or adjoining properties.
G.
Retail sales shall not be permitted as a home occupation. Retail sales may be permitted in conjunction with a home occupation, provided that such retail sales are necessarily related to and an integral part of the home occupation.
§ 320-66 Lot averaging standards.
A.
Purpose.
(1)
It is the purpose of this section to permit a more varied, efficient, and economical development pattern; to foster the protection of critical natural resources, such as streams, groundwater, floodplains, wetlands, steep slopes, woodlands and wildlife habitat areas; and to conserve open space areas within residential subdivisions.
(2)
By providing for lot averaging, impervious cover and other improvements may be reduced, resulting in a lesser increase in stormwater runoff as well as a reduction in subdivision improvement costs.
(3)
By providing for lot averaging, it is the specific goal of the Borough to minimize the potential adverse aesthetic effects of conventional land development as a whole and on neighboring property owners in particular, by encouraging the use of site planning which will reduce the visual impact of development from the vantage point of surrounding properties and nearby public roads.
B.
Eligibility. As a design option, a developer may be allowed to modify the area and bulk regulations for single-family detached residential development only, provided the following procedures and conditions are met:
(1)
Lot averaging shall be permitted in the Low Density Residential (R-1) District and the Medium Density Residential (R-2) District.
(2)
The tract of land to be subdivided shall be contiguous and shall be held in single and separate ownership.
(3)
The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the site, due to flooding, erosion or other dangers or inconveniences. Conditions of soil, groundwater, drainage and topography shall be compatible with proposed site design.
C.
Lot averaging controls. No lot of such size as to be capable of further subdivision under the district regulations shall be included in determining the average lot area unless the possibility of such further subdivision is eliminated by a deed restriction or agreement in a form acceptable to the Borough and duly recorded in the office of the Recorder of Deeds of Lancaster County.
D.
Area and bulk regulations. For developments utilizing the lot-averaging design option, the following minimum area and bulk regulations shall apply:
R-1 - Low Density Residential District | |||
|---|---|---|---|
Normal Minimum | If 50% or More of the Tract Has Slopes in Excess of 20% | ||
Lot size | 1 acre | 2 acres | |
Lot width | 100 feet | 250 feet | |
Front yard | 50 feet | 50 feet | |
Side yard | 15 feet | 30 feet | |
Rear yard | 30 feet | 50 feet | |
Lot coverage (maximum) | 20% | 10% | |
Maximum height(1) | 35 feet | ||
Lot-Averaging Minimum | If 50% or More of the Tract Has Slopes in Excess of 20% | ||
Lot size | 20,000 square feet | 1.0 acre | |
Lot width | 80 feet | 100 feet | |
Front yard | 30 feet | 40 feet | |
Side yard | 12 feet | 15 feet | |
Rear yard | 20 feet | 25 feet | |
Lot coverage (maximum) | 35% | 25% | |
Maximum height(1) | 35 feet | ||
NOTES: | ||
|---|---|---|
(1) | Except as provided for in § 320-26. | |
The overall gross residential density of the tract shall not exceed one dwelling unit per acre, or 0.5 dwelling units per acre for tracts with 50% or more of the tract area with slopes of 20 or more. | ||
R-2 - Medium Density Residential District | ||
|---|---|---|
Normal Minimum | ||
Lot size | 6,000 square feet | |
Lot width | 60 feet | |
Front yard | 25 feet | |
Side yard | 10 feet | |
Rear yard | 25 feet | |
Lot coverage (maximum) | 35% | |
Maximum height(1) | 35 feet | |
Lot-Averaging Minimum | ||
Lot size | 4,000 square feet | |
Lot width | 40 feet | |
Front yard | 20 feet | |
Side yard | 6 feet | |
Rear yard | 20 feet | |
Lot coverage (maximum) | 50% | |
Maximum height(1) | 35 feet | |
NOTES: | ||
|---|---|---|
(1) | Except as provided for in § 320-26. | |
The overall gross residential density of the tract shall not exceed 7.26 dwelling units per acre. | ||
E.
Notwithstanding the minimum lot size required in the base zoning district and the requirements above, if strict compliance with the minimum results in an otherwise unacceptable development design, the Zoning Hearing Board, by variance, may permit a further reduction in the minimum lot size if it will promote the objectives of this chapter.
§ 320-67 Mobile home parks.
A.
General description. Mobile homes are becoming an increasingly popular form of housing. However, because of their limited size, relative mobility, and type of construction, this type of housing requires the availability of supporting installations and services to provide the occupants with a healthful, safe, convenient and attractive residential environment. The following restrictions and regulations are adopted as part of this chapter, establishing the circumstances and conditions under which mobile home parks may be established.
B.
Location, area and height regulations.
(1)
Location. Mobile home parks shall only be located in the R-1 Low Density Residential District and only in areas where the undisturbed slope of the land is 12% or less.
(2)
Minimum size. The minimum size of a mobile home park for which a building permit or certificate of use and occupancy may be issued shall be five acres.
(3)
Density. There shall be a maximum of eight dwelling units per acre.
(4)
Setback. The minimum setback from a public road to any mobile home service or accessory building or off-street parking facility shall conform to the setback(s) prescribed in Article VI of this chapter.
(5)
Yard. The minimum allowable distance between any other mobile home park boundary line and a mobile home, off-street parking facility, service or accessory buildings shall be 20 feet.
(6)
Distance between buildings. Mobile homes shall be separated from each other and from service or accessory buildings and the adjoining pavement of a mobile home park street or common parking area by at least 20 feet.
C.
Required mobile home space size and mobile home stand.
(1)
Mobile home space size. Subject to the area and density regulations, the minimum area of any mobile home space shall be 3,000 square feet. When off-street parking as required in Article VIII of this chapter is provided in common parking areas rather than on the mobile home space, the minimum area shall be 2,500 square feet.
(2)
Mobile home stand. Each mobile home space shall be provided with a hard-surfaced mobile home stand providing a foundation that will not heave, shift or settle unevenly because of frost action, inadequate drainage, vibration or other forces acting on the superstructure. Each mobile home stand shall be equipped with appropriately designed utility connections. The space between the floor of the mobile home and stand shall be enclosed to conceal all supports and utility connections.
D.
Mobile home requirements.
E.
Service and accessory buildings.
(1)
Construction. All service and accessory buildings including management offices, storage areas, laundry buildings, and indoor recreation areas shall be adequately constructed, ventilated and maintained so as to prevent decay, corrosion, termites and other destructive elements from causing deterioration.
(2)
Accessory buildings. Service and accessory buildings shown on an approved plan may be erected in a mobile home park. Attachments to individual mobile homes in the form of sheds and lean-tos are prohibited.
(3)
Mobile home park office. Every mobile home park shall have a structure designed and clearly identified as the office of the mobile home park manager.
(4)
Storage space. Occupants of each mobile home park shall be provided with at least 150 cubic feet of enclosed storage space, which shall be provided in a common storage building located in the mobile home park.
(5)
Use of service and accessory buildings. Service and accessory buildings located in a mobile home park shall be used by the occupants only of the mobile home park or their guests.
F.
Water supply.
(1)
Approved source. All mobile home parks shall be connected to a public water supply.
(2)
Connection required. All mobile homes and service buildings shall be connected to an approved water supply system. Individual water-riser pipes having an inside diameter of not less than 3/4 inch shall be provided on each mobile home stand and shall terminate no less than four inches above the ground.
(3)
Protection of lines. Adequate provisions shall be made to protect water service lines from damage including a shutoff valve on each mobile home space below the frost line.
(4)
Fire hydrants. Fire hydrants shall be installed in accordance with specifications of the Borough.
G.
Sewage disposal.
(1)
Approved system. All mobile home parks shall be connected to the public sewerage system.
(2)
Connection required. All mobile homes and service buildings shall be connected to an approved sewerage system. Individual sewer-riser pipes having at least a four-inch diameter shall be located on each mobile home stand and shall extend at least one inch above ground level. Provision shall be made for sealing the sewer riser pipe with a securely fastened plug or cap when the mobile home site is unoccupied.
(3)
Protection of system. Adequate provisions shall be made to protect sanitary sewers from stormwater infiltration and breakage. All sewer lines shall be constructed of materials approved by the PADEP or the Borough.
H.
Storm drainage.
(1)
Surface drainage. The ground surface in all parts of the mobile home park shall be graded and equipped to drain all surface water in a safe and efficient manner as approved by the Borough Engineer.
(2)
Drainage structures. Storm sewers, culverts and related installations shall be provided to permit the unimpeded flow of natural watercourses; to ensure the drainage of all low points along the line of streets; to intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained.
(3)
Stormwater kept separate. Stormwater shall be kept separated from sanitary waste until the latter is treated in a manner approved by the PADEP.
I.
Mobile home park streets.
(1)
Width. All mobile home park streets shall have a right-of-way of 50 feet and a paved width of 34 feet.
(2)
Construction standards. Pavement base and pavement wearing surface shall be constructed according to the specifications of the Borough.
(3)
Curbs. Curbs shall be required on both sides of all streets in a mobile home park. Curbs shall be the vertical type; shall be uniform throughout the park; and shall be maintained in their original condition at all times.
(4)
Clear sight triangle. Measured along the center lines of intersecting streets, a clear sight triangle of 75 feet from the point of intersections shall be kept free of all obstructions except at the intersection of a mobile home park road with a public road where the clear sight triangle shall be 100 feet.
(5)
Grades. There shall be a minimum grade of 0.75% and a maximum grade of 10% on all mobile home park streets.
J.
Off-street parking requirements.
K.
Pedestrian walks.
(1)
Required. All mobile home parks shall provide pedestrian walks on both sides of the street which allow pedestrian access between individual mobile homes, service and accessory buildings, and public rights-of-way.
(2)
Width. All pedestrian walks shall have a minimum width of four feet.
(3)
Construction. All pedestrian walks shall be constructed of hard-surfaced material and shall be maintained in their original condition at all times.
(4)
Lighting. All pedestrian walks shall be provided with lighting units so spaced, equipped and installed that will allow safe movement of pedestrians at night.
L.
Ground cover and screening.
(1)
Surface protection. Ground surfaces in all parts of every park shall be paved, covered with other solid material or protected with vegetative growth that is capable of preventing soil erosion and the emanation of dust during dry weather.
(2)
Harmful vegetation. Park grounds shall be maintained free of vegetative growth which is poisonous or which may harbor rodents, insects or other pests harmful to man.
(3)
Screening. Screening, such as fences or natural growth, shall be provided along the property boundary line separating the mobile home park from adjacent properties.
M.
Electrical distribution. Every mobile home park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances, which shall be installed and maintained in accordance with local electric power companies' specifications regulating such systems. Each mobile home shall be connected to this electrical distribution system.
N.
Solid waste and vector control. Solid waste disposal and vector control shall be the responsibility of the mobile home park operator and shall be performed in accordance with the requirements of the PADEP regulations.
O.
Permits. A permit to construct or make alterations to a mobile home park shall be issued only after a plan, which has been approved by the PADEP, has been filed with and approved by the Borough Council. The Council shall require that the standards prescribed in this section are met prior to its approval.
P.
Submission and review of plans. All plans submitted shall contain the following information at a scale of not smaller than one inch equals 50 feet.
(1)
All information required by Rules and Regulations, PADEP, Chapter 4, Article 415, Regulations of Mobile Home Parks, Section 4, Submission and Review of Plans adopted October 30, 1959, as amended from time to time.
(2)
Name of mobile home park.
(3)
Name of municipality.
(4)
Date of plan preparation.
(5)
Graphic scale.
(6)
Name and address of firm preparing plan.
(7)
North point.
(8)
Name and address of owner of record.
(10)
Location map.
(11)
Approximate boundaries of mobile home spaces numbered consecutively.
(12)
Location and dimension of pedestrianways.
(13)
Location of off-street parking spaces.
(14)
Location of bench mark and datum used.
(15)
Location of proposed monuments and markers.
(16)
Location and dimensions of streets with complete curve data on center lines.
(17)
Clear sight triangle at all street intersections.
(18)
Typical cross-section of all roads.
(19)
Street center-line profile.
(20)
Location of all utilities.
(21)
Location, dimensions and use of all service and accessory structures.
(22)
Location and dimensions of all mobile home stands.
(23)
Location of all plantings and landscaping.
(24)
Location and type of waste containers.
(25)
Engineer's or surveyor's certificates with seal that survey and plan are correct.
Q.
Inspections and certificate of use and occupancy.
(1)
Original issuance. A certificate of use and occupancy for an approved mobile home park shall be issued by the Zoning Officer upon presentation of a certificate of registration issued by the PADEP and after inspection by the Zoning Officer as provided in this chapter. A certificate of use and occupancy shall be issued only for that portion of the mobile home park for which all improvements shown on the approved plan have been installed. Additional certificates of use and occupancy shall be issued for each further portion improved and ready for occupancy.
(2)
Renewal. The certificate of use and occupancy shall be issued for a period of one year and shall expire concurrently and require renewal at the same time as the certificate of registration issued by the PADEP. Renewal of certificate of use and occupancy shall be performed in the same manner as described for issuance of the original certificate of use and occupancy.
(3)
Periodic inspection. A representative of Adamstown Borough may inspect a mobile home park at reasonable intervals and at reasonable times to determine compliance with this chapter.
§ 320-68 No-impact home-based businesses.
No-impact home-based businesses are permitted as a use by right in all districts, except that such permission shall not exceed any deed restriction, covenant or agreement restricting the use of the land, nor any master deed, bylaw or other document applicable to a common-interest-ownership community.
A.
A no-impact home-based business is a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.
B.
The business or commercial activity must satisfy the following requirements:
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(5)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
§ 320-69 Planned unit residential developments.
A.
Planned unit residential developments shall comply with the following standards as well as all other applicable provisions of this chapter not in conflict herewith.
B.
The purpose of the following standards and requirements is to permit the clustering of detached, semidetached and attached structures on reduced-sized lots and the grouping of the open space made available by this reduction so as to achieve a design that will provide an alternative pattern of subdivision layout to the standard uniform lot pattern which prevails under other sections of this chapter. The standards set forth are designed to achieve:
(1)
A characteristic of design and site planning in which houses are grouped together on a tract of land, and each cluster of houses serves as a module which is set off from others like it by an intervening space that helps give visual definition to each individual cluster.
(2)
The preservation and proper allocation and utilization of unusual and important physical or topographical features of undeveloped land that is held for the common recreational enjoyment of the adjacent residents of the Borough at large.
(3)
More efficient use of the land of those public facilities required to serve new residential development.
C.
Site standards.
(1)
The provisions of this section shall apply only to a tract of land having a minimum of 40 acres proposed to be developed for 100 or more dwelling units and which tract is under single ownership.
(2)
The site, when developed, shall be connected to the public water and public sewer systems.
(3)
The site shall have existing street frontage sufficient to construct the necessary interior roads to service such development.
D.
Density.
(1)
The maximum number of residential lots or units that may be created shall be computed by subtracting from the total tract area 20% of the area and dividing the remaining area by 10,000 square feet for detached dwellings, and 3,000 square feet for semidetached and attached dwellings.
E.
Common open space. There shall be common open space within any site, or portion thereof, which is submitted for final approval. Such open space shall be usable for recreational or ornamental purposes. This includes parcels of land or water, or a combination of land and water, within the site designated for a planned unit residential development and/or municipality. The use of any open space may be limited or controlled at the time of final plat approval where necessary to protect adjacent properties or uses. At least 50% of the area of the planned unit residential development shall be allocated to and shall remain common open space, exclusive of roads, parking areas, structures, and service lawns.
F.
Dimensional requirements.
(1)
No detached or semidetached building shall be located within 25 feet of any other building.
(2)
No attached building shall be located within 50 feet of any other building.
(3)
No building shall be located within 50 feet of the center line of any internal street.
(4)
All internal streets will have a minimum paved cartway of 34 feet with curbing and sidewalk provided, unless the Zoning Hearing Board deems the thirty-four-foot width, the curbing or the sidewalk unnecessary.
G.
Off-street parking and loading requirements. Off-street parking and loading shall be provided for in accordance with Article VIII of this chapter.
H.
Commercial areas, not exceeding 10% of the total area of the planned residential development, will be permitted only in developments that total 100 acres or more in size.
§ 320-70 Semidetached buildings in Industrial and Highway Commercial Districts.
The Zoning Hearing Board may allow, as a special exception, the elimination of adjacent side or rear yards on two adjacent lots in Industrial and Highway Commercial Districts, provided the following conditions and standards are adhered to.
§ 320-71 Alternative energy sources.
[Amended 4-3-2012 by Ord. No. 365]
A.
Solar energy systems – general requirements.
(1)
The local utility provider shall be contacted to determine grid interconnection and net metering policies. The applicant shall submit written confirmation to the Borough that the utility company has been informed of the owner's intent to install a grid-connected system and has approved of such connection. The applicant also shall submit certificates of design compliance obtained by the equipment manufacturers from a certifying organization, and any such design shall be certified by an Engineer registered in the Commonwealth of Pennsylvania.
(2)
The solar energy system shall comply with all applicable Borough ordinances and codes so as to ensure the structural integrity of such solar energy system.
(3)
In order to ensure the safety of emergency responders and in accordance with Borough requirements, the type of solar energy system (thermal, chemical or electrical) and the system shutoff location(s) shall be clearly identified on the equipment.
(4)
Before any construction can commence on any solar energy system, the property owner must acknowledge that he/she is the responsible party for owning and maintain the solar energy system. If the solar energy system is abandoned or is in a state of disrepair, it shall be the responsibility of the property owner to remove or maintain the solar energy system.
B.
Solar collectors – roof-mounted. Roof-mounted solar collectors shall be permitted as an accessory use to a principal use within any zoning district by right in accordance with the following standards:
(1)
Roof-mounted solar collectors shall comply with the maximum building height requirements of the zoning district in which the installation of the solar collector is proposed.
(2)
On pitched roofs, roof-mounted solar collectors shall be installed as close to parallel as possible to the pitch of the roof while not sacrificing the efficiency of the solar collector.
(3)
On flat roofs, roof-mounted solar collectors may be installed at an angle to improve the efficiency of the solar collector with regard to the predominant sun angle, provided that the solar collector is placed in a manner to minimize its visibility from street level.
(4)
There will be a minimum of 36 inches of clearance at the ridgeline where solar photovoltaic energy systems are installed on roofs. Systems are allowed to be installed down to the eave, if there remain three access points from the ground to the ridge. If there are less than three access points to the roof ridge, then there shall remain a thirty-six-inch perimeter of walking area around the system.
(5)
The systems installed shall provide for the ability to disconnect the system and disable the production of electricity to avoid potentially hazardous conflicts between the system and firefighters and their respective firefighting apparatuses. The manufacturer's specifications and a detailed sketch showing the location of all disconnects shall be submitted to the Borough with a copy to the local fire department responsible for coverage of the site as part of the application. The systems shall be subject to the review of the local fire chief/marshal prior to the issuance of a building permit.
C.
Solar collectors – ground-mounted. Ground-mounted solar collectors shall be permitted as an accessory use to a principal use within any zoning district by right in accordance with the following standards:
(1)
Ground-mounted solar collectors shall comply with the setback requirements of the zoning district in which the installation of the solar collector is proposed.
(2)
Ground-mounted solar collectors shall not be permitted by right in any front yard. The Zoning Hearing Board may authorize, by special exception, the installation of a ground-mounted solar collector in a front yard if the applicant demonstrates that, due to solar access limitations, no location exists on the property other than the front yard where the solar collector can perform effectively.
(3)
Ground-mounted solar collectors shall not exceed a height of 10 feet.
(4)
Glare from ground-mounted solar collectors shall be directed away from adjoining properties or street rights-of-way. Fences or vegetative screens may be utilized to prevent glare from impacting adjoining properties or street rights-of-way.
D.
Small wind energy systems. Small wind energy systems shall be permitted as an accessory use to a principal use within any zoning district by right in accordance with the following standards:
(1)
The design and installation of all small wind energy systems shall conform to applicable industry standards, including those of the ANSI, Underwriters' Laboratories (UL), Det Norske Veritas, Germanischer Lloyd Wind Energies, the ASTM, or other similar certifying organizations, and shall comply with the Building Code[1] and with all other applicable fire and life safety requirements. The manufacturer's specifications shall be submitted as part of the application.
(2)
No more than one small wind energy system shall be permitted per lot.
(3)
Small wind energy systems shall not generate noise which exceeds 55 decibels, measured at any property line.
(4)
Small wind energy systems shall not be artificially lighted, except to the extent required by the FAA.
(5)
All on-site utility and transmission lines extending to and from the small wind energy system shall be placed underground.
(6)
No part of any small wind energy system shall be located within or above any front yard, along any street frontage, nor within any required principal building setback of any lot.
(7)
Structure-mounted small wind energy systems shall comply with all applicable provisions of this section.
(8)
All small wind energy systems that are independent of any other structure shall be located a minimum distance of 1.1 times the turbine height from any inhabited structure, property line, street right-of-way, or overhead utility line. This setback requirement shall not apply to inhabited structures when located on the same lot as the small wind energy system.
(9)
The maximum height of any small wind energy system shall not exceed 50 feet from the finished grade elevation.
(10)
No portion of any small wind energy system shall extend over parking areas, access drives, driveways or sidewalks.
(11)
The minimum height of the lowest position of the wind turbine shall be 15 feet above the ground.
(12)
Small wind energy systems shall not display advertising, except for reasonable identification of the small wind energy system's manufacturer. Such sign shall have an area of less than four square feet.
(13)
When an accessory building is necessary for storage cells or related mechanical equipment, the accessory building shall not have a floor area exceeding 200 square feet and shall comply with the accessory building requirements specified within each zoning district. Accessory buildings shall not be located within any front yard or along any street frontage, nor within any required setback of any lot.
(14)
The owner shall provide a copy of the letter from the electric utility company, indicating that it has received and processed an application for interconnection of renewable generation equipment with the application for a zoning permit. The owner shall provide a copy of the final inspection report or other final approval from the electric utility company to the Borough prior to the issuance of a certificate of use and occupancy for the small wind energy system. Off-grid systems shall be exempt from this requirement.
(15)
The owner of the small wind energy system shall, at the owner's expense, complete decommissioning within 12 months after the end of the useful life of the small wind energy system. It shall be presumed that the wind turbine is at the end of its useful life if no electricity is generated for a continuous period of 12 months.
(16)
The owner of the small wind energy system shall provide evidence that the owner's insurance policy has been endorsed to cover damage or injury that might result from the installation and operation of the small wind energy system.
E.
Large wind energy production facilities. Large wind energy production facilities shall be permitted as a special exception use in the Woodland (W) District, subject to the following regulations:
(1)
The layout, design and installation of large wind energy production facilities shall conform to applicable industry standards, including those of the ANSI, Underwriters' Laboratories (UL), Det Norske Veritas, Germanischer Lloyd Wind Energies, the ASTM, or other similar certifying organizations, and shall comply with the Building Code and with all other applicable fire and life safety requirements. The manufacturer's specifications shall be submitted as part of the application.
(2)
Large wind energy production facilities shall not generate noise which exceeds 55 decibels, measured at any property line.
(3)
All on-site utility and transmission lines extending to and from the large wind energy production facility shall be placed underground.
(4)
All large wind energy production facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Staff regulation shall not be considered a sufficient braking system for overspeed protection.
(5)
Large wind energy production facilities shall not be artificially lighted, except to the extent required by the FAA.
(6)
Wind turbines and towers shall not display advertising, except for reasonable identification of the large wind energy production facility's manufacturer. Such sign shall have an area of less than four square feet.
(7)
Wind turbines and towers shall be a nonobtrusive color such as white, off-white or gray.
(8)
All large wind energy production facilities shall, to the extent feasible, be sited to prevent shadow flicker on any occupied building on adjacent lot.
(9)
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.
(10)
All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
(11)
No portion of any large wind energy production system shall extend over parking areas, access drives, driveways or sidewalks.
(12)
All large wind energy production facilities shall be independent of any other structure and shall be located a minimum distance of 1.1 times the turbine height from any inhabited structure, property line, street right-of-way, or overhead utility line.
(13)
The minimum height of the lowest position of the wind turbine shall be 30 feet above the ground.
(14)
All large wind energy production facilities shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, or the wind turbines' climbing apparatus shall be limited to no lower than 12 feet from the ground, or the wind turbines' climbing apparatus shall be fully contained and locked within the tower structure.
(15)
The large wind energy production facility owner is required to notify the Borough immediately upon cessation or abandonment of the operation. The large wind energy production facility owner shall then have 12 months in which to dismantle and remove the large wind energy production facility from the lot. At the time of issuance of the permit for the construction of the large wind energy production facility, the owner shall provide financial security in form and amount acceptable to the Borough to secure the expense of dismantling and removing said structures.
(16)
The owner of the large wind energy production facility shall be required to provide a certificate of insurance to the Borough, providing evidence of liability insurance of not less than $1,000,000 and naming the Borough as an additional insured on the policy or policies of the owner and/or lessee.
F.
Outdoor wood-fired boilers. Outdoor wood-fired boilers shall be permitted as an accessory use to a principal use within any zoning district by right in accordance with the following standards:
(1)
All outdoor wood-fired boilers shall comply with the regulations established for outdoor wood-fired boilers by the Pennsylvania Department of Environmental Protection in 25 Pa. Code Chapter 123, § 123.14, as may be amended from time to time.
(2)
All outdoor wood-fired boilers shall be set back a minimum of 50 feet from any property line and a minimum of 150 feet from any residences or other buildings or structures where frequent assembly occurs, such as schools., offices, businesses, places of worship, or any similar use as determined by the Zoning Officer, excluding such structures when located on the same lot as the outside wood-fired boiler.
(3)
All outdoor wood-fired boilers shall have a minimum stack height of 10 feet above the ground. In any case where residences or other buildings or structures where frequent assembly occurs, such as schools, offices, businesses, places of worship, or any similar use as determined by the Zoning Officer, are located within 300 feet or closer to an outside wood-fired boiler, excluding such structures when located on the same lot as the outside wood-fired boiler, the stack height shall be two feet above the height of the eave of overhang of the roof of such residences or buildings that are nearest to the outdoor wood-fired boiler location.
(4)
No person shall construct, install, establish or maintain any outdoor wood-fired boiler without first obtaining a zoning permit.
G.
Geothermal energy systems. Geothermal energy systems shall be permitted as an accessory use to a principal use within any zoning district by right in accordance with the following standards:
(1)
Only closed-loop geothermal energy systems shall be permitted. Open-loop geothermal energy systems are prohibited within the Borough.
(2)
For all closed-loop geothermal systems relying upon circulating fluids, only nontoxic, biodegradable circulating fluids such as food grade propylene glycol shall be permitted.
(3)
Geothermal systems shall not encroach on public drainage, utility roadway or trail easements of any nature.
(4)
All horizontal closed-loop systems shall be no more than 20 feet deep.
(5)
All vertical closed-loop geothermal energy systems shall have proper grout sealing with the following properties:
(a)
High thermal conductivity to allow heat transfer;
(b)
Low viscosity to allow the grout top wrap around the pipe;
(c)
Low shrinkage volume to ensure that the grout will not pull away from the pipe; and
(d)
Low permeability to prevent the migration of antifreeze solution in the event of a line breakage.
(6)
Geothermal energy systems shall be located a minimum distance of 25 feet from any property line, unless documentation in the form of a written agreement with the adjoining property owner(s) is provided.
(7)
Geothermal energy systems shall be located a minimum distance of 100 feet from existing potable water wells and a minimum distance of 25 feet from any existing septic system.
(8)
Aboveground equipment associated with geothermal pumps shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all required setbacks for the applicable zoning district.
(9)
All horizontal closed-loop geothermal energy systems shall be properly backfilled, including the removal of sharp-edged rocks before backfilling in order to prevent such rocks from coming into contact with the system pipe.
(10)
The design and installation of geothermal systems and related boreholes for geothermal heat pump systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), the International Ground Source Heat Pump Association (IGSHPA), the American Society for Testing and Materials (ASTM), the Air-Conditioning and Refrigeration Institute (ARI), or other similar certifying organizations, and shall comply with the Adamstown Borough Building Code[2] and with all other applicable Borough requirements. The manufacturer's specifications shall be submitted as part of the application.
(11)
Abandonment. If the geothermal system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at its expense after a demolition permit has been obtained in accordance with the following:
(a)
The heat pump and any external mechanical equipment shall be removed.
(b)
Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with applicable regulations. The top of the pipe, coil or boring shall be uncovered and grouted.
H.
Building permit required. The installation of solar energy systems, wind energy facilities, geothermal energy systems and/or outdoor wood-fired boilers shall be subject to all permitting and inspections with regard to applicable provisions of the Pennsylvania Uniform Construction Code (UCC) and the National Electric Code (NEC) in addition to any other Borough ordinances and/or regulations required to demonstrate compliance with the provisions of this chapter.
I.
Protection. Where a solar or wind energy system has been installed, it shall be the responsibility of the property owner to secure any easements or restrictive covenants necessary to protect the skyspace affecting the solar or wind system. Such an agreement shall be negotiated between owners of affected properties, but it is not a requirement for approval of a building and zoning permit for the solar or wind energy system.