Akron City Zoning Code
PART 15
PERFORMANCE STANDARDS
§ 27-1501 Applicability.
[Ord. No. 23-003, 6/23/2023]
In addition to all other requirements of this chapter, the following performance standards shall apply to specific uses permitted in the various zoning districts.
§ 27-1502 Adult Establishments.
[Ord. No. 23-003, 6/23/2023]
Adult establishments shall comply with all of the following requirements:
1.
No building that contains any adult establishment shall contain any other kind of adult establishment.
2.
No more than one adult establishment shall be permitted in any one building.
3.
No adult establishment shall be located within the following distances, measured in a straight line without regard to intervening structures, from the closest point of the building within which the adult establishment is located to the closest point of the following:
A.
One thousand feet of any building within which is located another adult establishment.
B.
One thousand feet of any R-1, R-2, and/or R-3 Residential District.
C.
One thousand feet of any existing residential dwelling or residential property.
D.
One thousand feet of the lot line of any lot upon which is located a school, house of worship, child-care facility, commercial recreation facility, community facility, library, recreation area, recreation center, public park, or playground, whether such use is as a principal use or as an accessory use.
E.
One thousand feet of any establishment licensed to serve and/or sell alcoholic beverages.
F.
One thousand feet of the lot line of any lot upon which is located any medical or dental office establishment or hospital.
4.
No display of merchandise outside the building shall be permitted.
5.
No pornographic material displays or words shall be placed in view of persons who are not inside of the establishment. The building will be windowless or have an opaque covering over all windows or doors of any area in which materials are displayed.
6.
No adult establishment shall be used for any purpose that violates any federal, state or municipal law.
7.
The adult establishment shall not include the sale or display of obscene materials, as defined by state law and as may be interpreted or construed by applicable court decisions.
8.
No adult establishment shall be permitted to operate between the hours of 12:00 midnight and 7:00 a.m.
9.
No adult establishment may be changed to a different adult establishment prior to obtaining a special exception for the new adult establishment.
10.
All adult establishments shall comply with the requirements of Act 120 of 1996, 68 Pa.C.S.A. § 5501 et seq.
11.
For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.
§ 27-1503 Bed-and-Breakfast Establishments.
[Ord. No. 23-003, 6/23/2023]
Within a zoning district in which a bed-and-breakfast establishment is permitted by special exception or by right, the Borough may approve such a use, subject to the following requirements:
1.
The owner of a bed-and-breakfast establishment shall be the primary occupant of the establishment.
2.
The operator of a bed-and-breakfast establishment may be a family member who is not the owner.
3.
The owner of a bed-and-breakfast establishment shall keep a register indicating the names of all guests and the length of stay of all such guests.
4.
No more than five bed-and-breakfast units shall be permitted in any bed-and-breakfast establishment located in a residential district and no more than eight units in a business district.
5.
The minimum lot size shall equal that for a single-family detached dwelling in the underlying district for the first three guest rooms, plus 1/4 acre for each additional guest room.
6.
Breakfast shall be the only meal furnished to those guests currently occupying a bed-and-breakfast unit. In no case shall food be served to persons not staying in a bed-and-breakfast unit.
7.
No cooking facilities shall be permitted in any bed-and-breakfast unit.
8.
Bed-and-breakfast units shall be rented on a nightly basis for periods not to exceed one week.
9.
There shall be no external alteration of the building except as may be necessary for reasons of safety. Fire escapes and outside stairways shall, where practicable, be located to the rear of the building.
10.
One sign shall be permitted within the property of a bed-and-breakfast establishment, provided said sign is in full compliance with the sign provisions contained in Part 11.
11.
In addition to the parking requirements provided for in this chapter, one off-street parking space shall be provided for each bed-and-breakfast unit within a bed-and-breakfast establishment.
12.
No more than two nonfamily members of the owner of a bed-and-breakfast establishment shall be employed within the establishment.
13.
Proper storage area for food storage and garbage disposal shall be provided within a bed-and-breakfast establishment.
14.
Where a bed-and-breakfast establishment has more than one bed-and-breakfast unit, the bed-and-breakfast establishment shall have a minimum of two bathrooms for every three bed-and-breakfast units.
15.
No bed-and-breakfast establishment shall be located within 500 feet of another such establishment unless separated by a public street.
16.
Where a bed-and-breakfast establishment is located within a residential district, the area and bulk regulations for single-family detached dwellings shall apply. The area and bulk regulations for a bed-and-breakfast establishment in a nonresidential district shall be in accordance with the applicable zoning district.
§ 27-1504 Body Art Establishments.
[Ord. No. 23-003, 6/23/2023]
1.
No such establishment shall be allowed within 1,000 feet of another such body art establishment.
2.
No such establishment shall be allowed within 100 feet of a residential district.
3.
No such establishment shall be allowed within 100 feet of an existing school, day care or preschool, park or playground or house of worship.
§ 27-1505 Day-Care Centers, Commercial.
[Ord. No. 23-003, 6/23/2023]
1.
Both public sewer and public water service are required.
2.
Location of Day-Care Centers.
A.
A day-care center may be located either within an office building or within any other building permitted within each zoning district, or it may be located on a separate lot.
B.
The day-care center shall be located in a manner that reduces or eliminates potential hazards to the children being cared for at the facility. It shall be the responsibility of the landowner to show, to the satisfaction of the Zoning Hearing Board, full compliance with this provision.
3.
Buildings containing day-care centers, whether in combination with offices or on separate lots, shall comply with all minimum lot requirements for offices as delineated within the applicable zoning district.
4.
Adequate parking shall be provided for both the day-care center and all offices when located on the same lot. The circulation pattern of the parking area shall be designed to provide a safe and convenient pedestrian access from all parking spaces to the entrance of the facility, with the crossing of traffic lanes minimized to the greatest extent feasible.
§ 27-1506 Group Homes.
[Ord. No. 23-003, 6/23/2023]
1.
A group home shall only be located within a single-family detached dwelling and shall comply with the area and bulk regulations for a single-family detached dwelling within the applicable zoning district.
2.
The purpose of a group home shall be to provide an opportunity for disabled individuals to return to or remain in their communities in order to develop their maximum potential as citizens.
3.
A group home shall comply with the Pennsylvania Department of Labor and Industry Rules and Regulations, the Pennsylvania Department of Public Welfare Rules and Regulations, and the Akron Borough Building and Fire Codes.
4.
All group homes shall be licensed by either the county government or the Commonwealth of Pennsylvania and shall be in compliance with all applicable rules and regulations of those bodies.
§ 27-1507 Screening of Specific Uses.
[Ord. No. 23-003, 6/23/2023]
The following uses shall comply with the standards for screening as indicated:
1.
Community Clubs. All outdoor storage and parking and/or loading areas within 100 feet of a rear or side property line shall be screened from the adjacent properties by a landscape screen comprised of plant materials, fencing or some combination thereof approved by the Borough.
2.
Houses of Worship. All outdoor storage and parking and/or loading areas within 100 feet of a rear or side property line shall be screened from the adjacent properties by a landscape screen comprised of plant materials, fencing or some combination thereof approved by the Borough.
3.
Funeral Homes. All outdoor storage and parking and/or loading areas within 100 feet of a rear or side property line shall be screened from the adjacent properties by a landscape screen comprised of plant materials, fencing or some combination thereof approved by the Borough.
4.
Veterinary Offices/Hospitals. All outdoor storage and animal facilities and parking and/or loading areas within 100 feet of a rear or side property line shall be screened from the adjacent properties by a continuous visual buffer approved by the Borough.
5.
Public Utility Installations. All buildings and parking and/or loading areas within 100 feet of a rear or side property line shall be screened from the adjacent properties by a continuous visual buffer approved by the Borough.
§ 27-1508 Accessory Dwelling Units.
[Ord. No. 23-003, 6/23/2023]
1.
It is the purpose of this section to provide the opportunity to encourage and to accommodate extended family living without substantially altering existing neighborhood character.
2.
Accessory dwelling units shall be permitted as a use by special exception in accordance with the general standards as set forth in § 27-1905, Subsection 2, herein and specific criteria as set forth below. Where said general standards and specific criteria overlap, the specific criteria shall supersede the general standards.
A.
The installation of an accessory dwelling unit in new and existing single-family dwellings (hereinafter "principal dwellings") shall be subject to the following development, design and owner-occupancy standards:
(1)
All provisions of the zoning district shall apply, except the provisions regarding the number of dwelling units permitted on a lot.
(2)
The design and construction of an accessory dwelling unit shall conform to all applicable standards in Akron Borough's building, plumbing, electrical, fire and any other applicable codes.
(3)
An accessory dwelling unit shall be contained in, or attached to, the principal dwelling or be located above a detached garage.
(4)
An accessory dwelling unit may be constructed in either an existing or a new single-family dwelling.
(5)
The addition of an accessory dwelling unit to the principal dwelling shall be designed so that the appearance of the building remains that of a single-family dwelling.
(6)
The maximum size of an accessory dwelling unit shall not exceed 40% of the principal dwelling total floor area, nor more than 1,000 square feet, nor have more than two bedrooms.
(7)
The property owner must occupy either the principal dwelling or the accessory dwelling unit as their permanent residence.
(8)
Occupancy of an accessory dwelling unit, or principal dwelling, shall be limited to the property owner or those related by blood or marriage or adoption to the property owner.
(9)
Accessory dwelling units shall not be located in basements.
(10)
Only one accessory dwelling unit shall be permitted per principal dwelling.
(11)
One additional off-street parking space shall be provided for the accessory dwelling unit.
(12)
The principal dwelling and accessory dwelling unit must be served by public sewer and public water service.
(13)
Accessory dwelling units are permitted to be located on lots that are 90% or more of the zoning district's required minimum lot size.
(14)
Restoration Plan. A plan for the removal of the accessory dwelling unit that identifies those structures, exterior and interior walls, electrical and plumbing improvements and connections to public water and sewer services to be retained and those to be removed upon termination of the accessory dwelling unit shall be submitted with the application for an accessory dwelling unit permit. In particular, it shall include a removal plan for the stove.
B.
Accessory Dwelling Unit Permits.
(1)
In the event an application is approved, then an accessory dwelling unit permit shall be issued to the applicant. The accessory dwelling unit permit shall be deemed to be automatically revoked upon vacation of the accessory dwelling unit, or principal dwelling unit, by the property owner or those related by blood or marriage or adoption to the property owner.
(2)
Any property owner with an existing accessory dwelling unit at the time of the passage of this chapter shall have a period of 90 days from said date to apply for an accessory dwelling unit permit, subject to the following:
(3)
An accessory dwelling unit permit shall expire December 31 of each year and, once granted, may be renewed without additional hearings, subject to the provisions of this section, by completing the renewal form prescribed by the Zoning Officer and paying the annual permit fee adopted by the Akron Borough Council. Failure to apply for renewal and/or failure to pay for the annual permit shall be grounds for revocation of a permit.
(4)
The Zoning Officer, or designee, shall have the right, at any time, upon reasonable request, to enter and inspect an accessory dwelling unit for which an accessory dwelling unit permit has been issued.
(5)
The permit holder shall notify the Zoning Officer in writing within 90 days once the accessory dwelling unit is no longer needed, the property is sold or for some other reason the applicant no longer meets the requirements for such use. Upon notification, the accessory dwelling unit permit shall be terminated. The applicant shall then comply with the terms of the restoration plan within 90 days of the date of termination.
§ 27-1509 Telecommunications Facilities.
[Ord. No. 23-003, 6/23/2023]
1.
Purpose. It is the purpose of this section to balance the interests of the residents of the Borough, telecommunications providers, and telecommunications customers in the siting of telecommunications facilities within the Borough so as to protect the health, safety and integrity of residential neighborhoods through appropriate zoning and land use controls and to provide a competitive environment for telecommunications carriers that does not unreasonably discriminate among providers of functionally equivalent personal wireless services and shall not prohibit or have the effect of prohibiting the provision of personal wireless services. To that end, this section shall:
A.
Provide for appropriate locations and development of telecommunications facilities in the Borough.
B.
Protect the Borough's developed and natural environment by promoting compatible design standards for telecommunications facilities.
C.
Minimize adverse visual impacts of telecommunications facilities through careful design, siting, landscape screening and innovative camouflaging techniques.
D.
Avoid potential damage to adjacent properties from tower or antenna failure through engineering and careful siting to telecommunications tower structures and antennas.
E.
Maximize use of any new and existing telecommunications towers so as to minimize the need to construct new towers and minimize the total number of towers throughout the Borough.
F.
Encourage and promote the location of new telecommunications facilities in areas that are not zoned for residential use.
G.
Allow for, and regulate, telecommunications facilities in accordance with the Federal Telecommunications Act of 1996.
2.
Exclusions. The following shall be exempt from this chapter:
A.
Any tower and antenna less than eighty (85) feet in total height that is owned and operated by an amateur radio operator licensed by the Federal Communications Commission.
B.
Any device designed for over-the-air reception of television broadcast signals, multichannel multipoint distribution service or direct broadcast satellite service.
C.
Any telecommunications facilities located on property owned, leased or otherwise controlled by the Borough, provided a license or lease authorizing the telecommunications facility has been approved by the Borough.
3.
Preferred Location Sites.
A.
Co-Location Sites. Any existing telecommunications tower currently being used for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication shall be a preferred location site, regardless of the underlying zoning designation of the site; provided, however, that locations which meet this criteria shall be subject to the design and siting components of this chapter.
B.
Publicly Used Structures. Publicly used structures are preferred location sites throughout the Borough because they appear in virtually all neighborhoods, are dispersed throughout the Borough, and, due to their institutional or infrastructure uses, are generally similar in appearance to or readily adaptable for telecommunications facilities. Therefore, telecommunications facilities should be less noticeable when placed on publicly used structures than when placed on commercial or residential structures. Publicly used structures include, but are not limited to, facilities such as police or fire stations, libraries, community centers, civic centers, courthouses, utility structures, water towers, elevated roadways, bridges, flagpoles, schools, hospitals, clock or bell towers, light poles and houses of worship.
C.
Industrial and Commercial Structures. Wholly industrial and commercial structures, such as warehouses, factories, retail outlets, supermarkets, banks, motor vehicle service stations, and approved accessory buildings, shall be preferred location sites, particularly where existing visual obstructions or clutter on the roof or along a roofline can and will be removed as part of the installation of the telecommunications facility.
4.
General Standards.
A.
Permitted Telecommunications Facilities.
(1)
Telecommunications Tower Requirements. Table 1[1] indicates, for each zoning district, which type of telecommunications towers are permitted and whether the tower is a use permitted by right, special exception or condition. An "N" indicates that a telecommunications tower is not permitted in that specific zoning district.
B.
There shall be no more than two towers located on any one parcel of property.
C.
Radial Spacing. Antenna towers 85 feet or taller shall be located at least 2,640 feet from other antenna towers of 85 feet or taller.
D.
Compliance with Other Provisions.
(1)
All telecommunications facilities must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate telecommunications facilities. If such standards and regulations are changed, then the owners of the telecommunications facilities governed by this chapter shall bring such telecommunications facilities into compliance with such revised standards and regulations within the date established by the agency promulgating the standards or regulations.
(2)
All proposed telecommunications facilities must complete the United States Department of Transportation Federal Aviation Administration Form 7460-1 (1-93) or its equivalent. A copy of the approved application shall be submitted to the Borough as part of the required information for application for a permit.
(3)
Owners of telecommunications facilities shall provide documentation showing that each telecommunications facility is in compliance with all applicable federal and state requirements. Evidence of compliance must be submitted every 12 months.
E.
A report from a qualified engineer, licensed in the Commonwealth of Pennsylvania, shall be submitted for review in addition to all information required for an Akron Borough Zoning Hearing Board application, conditional use application, or application for permit, documenting the following:
(1)
Telecommunications facility height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design.
(2)
Evidence of structural integrity of the tower structure.
(3)
Structural failure characteristics of the telecommunications facility and demonstration that site and setbacks are of adequate size to contain debris.
(4)
A definition of the area of service to be served by the antenna or tower and whether such antenna or tower is needed for coverage or capacity.
(5)
Information demonstrating that the proposed facility would provide the needed coverage or capacity.
(6)
Identification of the geographic service area for the subject installation, including a map showing the site and the nearest or associated telecommunications facility sites within the network; a description of the distance between the telecommunications facility sites; and a description of how this service area fits into and is necessary for the service network.
(7)
The applicant shall quantify any additional tower capacity anticipated, including the approximate number and types of antennas. The applicant shall provide a drawing for each tower showing existing and proposed antenna locations. The applicant shall also describe any limitations on the ability of the tower to accommodate other users, e.g., radio frequency interference, mass height, frequency or other characteristics. The applicant shall describe the technical options available to overcome those limitations and reasons why the technical options considered were not chosen to be incorporated.
F.
A statement indicating whether or not the site is a preferred location site must be submitted. If the site is not a preferred location site, the following information must be provided:
(1)
A list of publicly used buildings, co-location sites or other location sites located within the geographic service area. Provide a list (by address with lot and block number noted) and a map at 1:200 scale of all such buildings or sites within the service area.
(2)
A description of the good-faith efforts and measures that were taken to secure each of these preferred location sites.
(3)
An explanation as to why each such site was not technologically, legally or economically feasible and why such efforts were unsuccessful.
(4)
An explanation of how and why the proposed site is essential to meet service demands for the geographic service area and Borough-wide network.
G.
If the proposed site is zoned R-1 Residential District, R-2 Residential District or R-3 Residential District, and there are alternative sites in the business districts of the Borough, applicants must justify why those alternate sites have not been proposed.
H.
Applicants must identify all existing towers and all towers for which there are applications currently on file with the Zoning Officer for existing and proposed telecommunications facilities. Applicants must provide evidence of the lack of space on all suitable existing towers to co-locate the proposed antenna. If co-location on any such towers would result in less visual impact than the visual impact of the proposed tower, the applicant must justify why such co-location is not being proposed.
I.
In all zoning districts, applicants must demonstrate that they cannot provide personal wireless communication service without the use of the proposed telecommunications tower.
5.
Design Standards.
A.
Security. All telecommunications facilities shall be equipped with an appropriate anti-climbing device or other similar protective device to prevent unauthorized access to the telecommunications facility. Telecommunications towers shall be enclosed by decay-resistant security fencing not less than six feet in height and shall be equipped with an appropriate anti-climbing device or other similar protective device designed to prevent tower access.
B.
Lighting. Antenna towers shall not be artificially lighted unless required by the FAA or other state or federal agency. If the FAA requires safety lighting, the use of red beacons is preferred to flashing strobe lights. Security lighting on the site may be mounted up to 20 feet high and shall be directed towards the ground to reduce light pollution, prevent off-site light spillage, and avoid illuminating the tower. When incorporated into the approved design of the facility, light fixtures used to illuminate sports fields, parking lots, or similar areas may be included in the facility.
C.
Visual Impact. Telecommunications facilities shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or other applicable federal or state agency, be painted a neutral color or painted and/or textured to match the existing structure so as to reduce visual obtrusiveness.
D.
All telecommunications facilities shall provide one off-street parking space and mud-free access to the site. The access drive and parking area must be covered with an all-weather material such as stone, asphalt, concrete or cement.
E.
Any equipment shelter or cabinet that supports telecommunications facilities shall be screened from public view or made compatible with the architecture of the surrounding structures or placed underground so as to be visually unobtrusive. Equipment shelters or cabinets shall be screened from public view by using landscaping or shall be made of materials and painted colors consistent with the surrounding backdrop. The shelter or cabinet must be regularly maintained. The shelter or cabinet shall comply with the requirements of Part 13, Accessory Uses.
F.
Landscaping.
(1)
Native vegetation on the site shall be preserved to the greatest possible extent. Disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area. The applicant shall provide a site plan showing existing significant vegetation to be removed, and vegetation to be replanted to replace that loss.
(2)
Landscaping shall be used to effectively screen the view of the shelter or cabinet or other ground-level equipment from adjacent public ways, public property and residential property. The applicant shall provide a detailed site plan showing the proposed landscape screening.
G.
Minimum Lot Area. The lot on which the telecommunications facility is to be located on must meet all minimum lot area requirements for uses permitted by right in the underlying zoning district in which the facility is proposed.
H.
Setbacks. Telecommunications facilities shall be set back a distance equal to the height of the tower from all property lines. Towers, guy wires and accessory facilities shall meet the minimum zoning district setback requirements.
I.
No advertising is permitted on telecommunications facilities.
J.
Antennas Attached to Existing Structures.
(1)
For antennas attached to the roof or to a support structure on a rooftop, a 1:1 setback ratio (example: ten-foot-high antenna and supporting structure requires a ten-foot setback from edge of roof or structures) shall be maintained, unless an alternative placement is shown to reduce visual impact.
(2)
Telecommunications facilities may exceed the height limitation specified for the zoning district in which the existing structure is located; however, no antenna shall extend a distance greater than 10 feet above the roofline, parapet or top of the structure, whichever is of the lowest elevation.
(3)
If an antenna is installed on a structure other than a tower, the antenna and associated electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(4)
Roof-mounted antennas shall be made visually unobtrusive by screening to match existing air-conditioning units, stairs, elevator towers or other background.
(5)
Where feasible, telecommunications facilities should be placed directly above or incorporated with vertical design elements of a building to help in camouflaging.
6.
Co-location.
A.
The applicant and owner shall allow other future personal wireless service companies, including public and quasi-public agencies, using functionally equivalent personal wireless technology to co-locate antennas, equipment and facilities on a telecommunications facility, unless specific technical constraints prohibit said co-location. The applicant and other personal wireless carriers shall provide a mechanism for the construction and maintenance of shared facilities and infrastructure.
B.
Competitive conflict shall not be considered an adequate reason to preclude co-location.
C.
Addition of equipment for co-location of additional users on existing antenna towers and sites is not subject to the special exception or conditional use process, if the tower height remains unchanged.
7.
Removal of Antennas and Towers.
A.
All telecommunications facilities shall be maintained in compliance with Borough standards contained in the applicable building and technical codes so as to ensure the structural integrity of such facilities. If, upon inspection by the Zoning Officer or any code official, any such telecommunications facility is determined not to comply with the code standards or to constitute a danger to persons or property, then notice of such lack of compliance shall be provided to the owner of the facility and, if the owner of the property is different from the owner of the facility, to the owner of the property. Such owner shall then have 30 days to bring the facility into compliance or to remove such facility.
B.
Failure to bring such telecommunications facility into compliance or to have it removed within 30 days of receipt of such notice shall constitute a violation of this chapter and of all other applicable Borough codes and regulations adopted pursuant thereto and of the Borough Code and the Pennsylvania Municipalities Planning Code.
8.
Abandoned Towers.
A.
The owner of a telecommunications facility and the owner of the property where the facility is located shall remove any abandoned telecommunications facility within 30 days of abandonment. Any telecommunications facility that is not operated for a continuous period of 12 months shall be considered abandoned. If the telecommunications facility is not removed within 30 days of abandonment, the Borough may notify the property owner and the owner of the telecommunications facility to remove the telecommunications facility within 30 days of receipt of such notice. Failure to remove the telecommunications facility pursuant to such notice shall constitute a violation of this chapter and all other applicable Borough ordinances and regulations issued pursuant thereto and of the Borough Code and the Pennsylvania Municipalities Planning Code.
B.
If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of this chapter as if such tower or antenna was a new tower or antenna.
§ 27-1510 Solar Energy Systems.
[Ord. No. 23-003, 6/23/2023]
1.
Solar Energy Systems as an Accessory Use. It is the purpose of this section to promote the safe, effective and efficient use of solar energy systems installed to reduce the on-site consumption of utility-supplied energy and/or hot water as an accessory use while protecting health, safety and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls. A solar energy system shall be permitted in any zoning district as an accessory use, and specific criteria are set forth below:
A.
A solar energy system is permitted in all zoning districts as an accessory use.
B.
A solar energy system shall provide power for the principal use and/or accessory use of the property on which the solar energy system is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.
C.
A solar energy system connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection.
D.
To the greatest extent feasible, accessory solar energy systems shall be roof-mounted or located on an existing impervious surface. The applicant must demonstrate that roof-mounting is infeasible prior to any application for a ground-mounted system.
E.
A roof-mounted system may be mounted on a principal building or accessory building. A roof-mounted system, whether mounted on the principal building or accessory building, may not exceed the maximum building height or accessory building height specified for the building type in the underlying zoning district. In no instance shall any part of the solar energy system extend beyond the edge of the roof.
F.
A roof-mounted system shall be set back from the edge of the building roof in order to establish a clear perimeter area. Access pathways shall also be provided between solar panels if applicable.
G.
A ground-mounted system shall not exceed 10 feet.
H.
The surface area of a ground-mounted system, regardless of the mounted angle, shall be calculated as part of the overall lot coverage. Of the allowable lot coverage, the surface area of a ground-mounted system shall not constitute more than 2% of the allowable lot coverage or 360 square feet, whichever is less.
I.
A ground-mounted system or system attached to an accessory building shall not be located within the required front yard setback.
J.
The minimum solar energy system setback distance from the property lines shall be equivalent to the building setback or accessory building setback requirement of the underlying zoning district.
K.
The number of solar panels and supporting equipment shall be considered as one solar energy system.
L.
All mechanical equipment associated with and necessary for the operation of the solar energy system shall comply with the following:
(1)
Mechanical equipment shall be screened from adjacent property. The screen shall consist of shrubbery, trees, or other plant materials which provide a visual screen.
(2)
Mechanical equipment shall not be located within the minimum front yard setback of the underlying zoning district.
(3)
Mechanical equipment shall be set back at least 10 feet from the rear and side property lines.
M.
Solar panels shall not be placed in the vicinity of the airport in a manner that would interfere with airport flight patterns. Acknowledgement from the Federal Aviation Administration may be necessary.
N.
All power transmission lines from a ground-mounted solar energy system to any building or other structure shall be located underground.
O.
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 maintaining 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.
2.
General Requirements.
A.
Solar panels shall be located in a manner that will prevent glare toward adjacent properties, occupied structures, and roadways.
B.
The design of the solar energy system shall conform to applicable industry standards. A building permit shall be obtained for a solar energy system per the Pennsylvania Uniform Construction Code (UCC). All wiring shall comply with the applicable version of the National Electrical Code (NEC). As applicable, the applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters' Laboratories (UL), Institute of Electronics and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), ETL Testing Laboratories, Florida Solar Energy Center (FSEC), or other similar certifying organization.
C.
Where applicable, the local utility provider (i.e., PPL) shall be contacted to determine grid interconnection and net metering policies. The applicant 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.
D.
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.
E.
Decommissioning of a solar energy system. The applicant shall sign an agreement stating that when all reasonable uses of the panels are no longer necessary, they will be promptly removed at the applicant's expense. The agreement shall be written in language acceptable to the Borough Solicitor and shall, at the request of the Borough, include a bond for estimated expenses of removal. Decommissioning shall include removal of all systems, equipment, buildings, cabling, electrical components, foundations, and other associated facilities and equipment.
F.
A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturer's or installer's identification and any appropriate warning signs and placards may be displayed on the solar energy system, provided they comply with the prevailing sign regulations.
G.
A solar energy system shall not be constructed until a building permit has been approved and issued.
H.
No signage or advertising shall be permitted on any part of the accessory solar energy system.
§ 27-1511 Geothermal Energy Systems.
[Ord. No. 23-003, 6/23/2023]
Geothermal heat pumps are permitted in all zoning districts as an accessory use under the following conditions:
1.
Open-loop systems shall not be permitted.
2.
The design and installation of geothermal energy systems shall conform to applicable industry standards, including those of the International Ground Source Heat Pump Association (IGSHPA) Standards, as amended, and found in Appendix 1 of the PA DEP Ground Source Heat Pump Manual of 2001, or the most-current manual.
3.
Manufacturer specifications shall be submitted as part of any building or zoning application.
4.
All systems shall be set back a minimum of 25 feet from any property line or right-of-way line and a minimum of 100 feet from any potable water supply wells.
5.
Circulating fluids used in any closed-loop system shall use only nontoxic, biodegradable fluids such as food-grade propylene glycol.
§ 27-1512 Short-Term Rentals.
[Ord. No. 23-003, 6/23/2023]
1.
The maximum length of stay per registered party shall be less than 30 consecutive days.
2.
No exterior or interior sign intended to be seen by the public shall be permitted.
3.
In addition to meeting the Pennsylvania Uniform Construction Codes and the International Property Maintenance Code (latest editions adopted by the Borough), the premises must meet all of the following:
A.
Operating smoke detector in each bedroom.
B.
Operating smoke detector outside each bedroom in the common hallway.
C.
An additional operating smoke detector and carbon monoxide detector on each level.
D.
GFI outlet required if outlet is located within six feet of a water source (all sinks, sump pumps, etc.).
E.
Aluminum and metal exhaust from dryer (if dryer is provided).
F.
Mounted and visible fire extinguisher in kitchen (2-A, 10BC fire extinguisher or better).
G.
Stairs, including handrail (indoor and outdoor), in good condition.
H.
Covers on all outlets.
I.
Fully functioning bathing and toilet facilities.
J.
Fully functioning kitchen (if one has been installed).
4.
The owner of the dwelling shall reside in the Borough of Akron.
5.
The applicant must meet the International Property Maintenance Code as adopted by the Borough of Akron. The property, for such purposes, shall continue to be considered as a single-family dwelling.
§ 27-1513 Mixed Use.
[Ord. No. 23-003, 6/23/2023]
1.
Purpose. It is the purpose of this section to provide for the creative redevelopment or reuse of large nonresidential buildings within the C-1 Commercial District by permitting a variety of commercial, office and residential uses by conditional use. Large nonresidential buildings in this district often house offices and commercial uses for the residents and the public. This section is intended to provide economically viable uses for such existing buildings in excess of 10,000 square feet of net floor area.
2.
Conversion. The conversion of a large nonresidential building to mixed use shall be permitted within the C-1 Commercial District by conditional use in accordance with the standards set forth below.
5.
Access to the Site. There shall be adequate, safe access to the site for pedestrians and vehicles.
7.
Utilities. The site shall be served by public sewer and public water.