Allowed principal uses by district are listed in the Principal Use Table below.

Allowed accessory uses by district are listed in the Accessory Use Table below.

The actual or projected characteristics of the proposed use;

The relative amount of site area or floor area and equipment devoted to the proposed use;

The relative amounts of sales and customers;

The relative number of employees;

Hours of operation;

Building and site arrangement;

Vehicle trips generated;

Parking utilization and demands; and

Likely impacts on surrounding properties.

Is clearly incidental to and customarily found in connection with the allowed principal use;

Is subordinate to and serving an allowed principal use; and

Is located on the same lot as the principal use served.

Following a determination by the Zoning Officer, a written record shall be kept by the City.

Finds a demonstrated history of the building being used for commercial, retail, office, public school, governmental, or industrial purposes.

Finds exterior features of the building demonstrating that it was designed for commercial, retail, office, public school, governmental, or industrial purposes. The essential architectural character of the building is to be preserved.

Finds that converting the building into a conforming permitted use or activity would be cost-prohibitive.

Finds that the proposed use of the building is similar to the use for which the building was designed and used, or will have less of an impact than that use — especially on traffic and parking.

Finds that the required public notice was given.

Finds that enough parking exists on site and on the adjacent streets and avenues so that the activity proposed for the building will not compete with the surrounding neighborhood's parking needs. In counting the number of parking spaces available for the building, the on-street spaces adjacent to its lot shall be counted. Estimates of parking needs shall not exceed those set forth in Chapter 640.

Sets reasonable limits on the hours of operation, number of employees, noise levels, and odors of the proposed business.

Requires that the building not be expanded more than 20% of its existing height or footprint unless this is otherwise required by building codes. Note that all existing lot coverage and setback requirements shall apply.

Finds that the traffic and deliveries generated by the proposed business will not significantly change the residential nature of the neighborhood, and all public and private roads (existing and proposed) serving the site shall be of adequate design and width to handle such traffic.

Requires that no exterior loudspeaker systems or other audible signals which can be heard at the property line will be used.

Finds that signage will be limited to either the building's existing signage or one wall sign per each street frontage not exceeding 10 square feet. Traffic signs shall be permitted as necessary through the land development process, and off-premises outdoor advertising shall be prohibited on such buildings.

Hears staff recommendations on the above requirements.

It does not exceed density standards.

The lot area per dwelling unit shall conform to the regulations for the zone in which it is located.

Fire escapes, where required, shall be in the rear of the structure and shall not be located on any wall facing a street.

Parking shall be provided in accordance with the provision of Article IV.

Off-street paved parking spaces must be provided as described in Article IV. This may be provided off site through a lease presented to the Board.

The maximum number of occupants permitted in a dormitory shall be determined, as it is for all dwellings, by Chapter 550 of the City of Altoona Code, which adopts the IPMC as the City's property maintenance code.

A dormitory cannot be established on a lot smaller than 6,000 square feet.

An effective and acceptable operation and management plan must be provided to the Zoning Hearing Board for consideration and approval at the hearing. This plan must state the policies for internal and external security and oversight, noise control, and the hours of operation of any nonresidential activities on premises.

The proposed dormitory will not create detrimental impacts on surrounding properties given this plan.

For each dormitory, a responsible party or property manager within 50 miles of Altoona must be identified before the Zoning Hearing Board.

The City Fire Department must inspect and approve each dormitory according to their requirements before the hearing, and annually thereafter.

For each dormitory, updated lists of tenant names, as well as the responsible party or property manager, must be provided to the Zoning Officer. Any change in residents or management must be so reported within 24 hours of the change. The property owner bears the onus for reporting this information as required.

All interior and exterior repairs to smoke/carbon dioxide detectors or other life/safety violations required by any City code must be made within 10 days of notice. All other required repairs must be made within 45 days of notice.

Space is available on the property to accommodate the required number of off-street parking spaces required by Chapter 640 for health services. This shall be determined by allowing 350 square feet of area for each space in addition to the area consumed by the building. (The Board need not consider layout, actual number of spaces to be provided, or any other factor considered under Chapter 640, as this will be done by the Planning Commission. This calculation will simply allow enough space on the lot for the Planning Commission to do its job.)

Hours of operation shall not detract from the neighborhood.

Proposed traffic shall not severely change the residential nature of the neighborhood.

The use shall not produce any glare, noise, sound, fumes, odors, or other noxious elements that can be readily detected at the property line.

A home-based business is defined as a business that is conducted entirely within a dwelling unit; entirely by the members of the household residing in that unit; and in a manner that is clearly incidental, accessory, and subordinate to the unit's primary residential use. Most modern zoning ordinances regulate home-based businesses because of the deleterious effects that these businesses can have on their neighborhoods. A home-based business can congest its neighborhood's parking spaces and streets; generate intrusive amounts of noise, vibration, glare, electrical interference, odors, and radio/television signal disruption; draw large trucks for delivery purposes; erect a disturbing number of signs; utilize unsightly outdoor storage areas; and generally change the character of its neighborhood from residential to commercial. Many zoning ordinances attempt to minimize such damaging effects by designating all home-based businesses as special exceptions and requiring each to procure the approval of the Zoning Hearing Board, which is to reject any such business that will adversely affect its neighborhood.

However, more and more home-based businesses are being created that have little or no deleterious effects on their neighborhoods. Many professionals now "telecommute" from home, draw no extra parking or traffic activity, generate no noise or other interference, and have no signs. While home-based businesses that could have a significant effect on their neighborhoods clearly should still lie under the Zoning Hearing Board's jurisdiction, those that have little or no such effects should be excused from the paperwork, time, and expense involved in a special exception application.

This chapter attempts to establish such a system by dividing home-based business into two categories: no-impact home-based businesses (which will have little or no effect on their neighborhoods) and major-impact home-based businesses (which may have some effects on their neighborhoods). The Zoning Officer shall determine which of these categories a particular home-based business falls into according to the standards of Subsection B below. If a particular home-based business is determined to be a no-impact home-based business according to these standards, then it may be established without any further approvals. However, if it is determined to be a major-impact home-based business, then Subsection C below requires that it must be approved by the Zoning Hearing Board as a special exception.

This section applies to all home-based businesses within the City of Altoona, regardless of the zoning district in which they are located.

Any person who wishes to establish a home-based business within the City is required to apply for a home-based business license with the Zoning Officer on a form supplied by the City. This application shall not be considered complete unless enough information is included on the form to enable the Zoning Officer to determine whether the proposed home-based business is a no-impact home-based business or a major-impact home-based business according to the standards below.

After a complete notarized application has been filed, the Zoning Officer shall have 45 days to determine the status of the proposed home-based business. When the Zoning Officer fails to make this determination within 45 days, then the proposed home-based business shall automatically be classified as a no-impact home-based business.

The Zoning Officer shall determine that a proposed home-based business would be a major-impact home-based business unless it meets the standards below, in which case it shall be classified as a no-impact home-based business and may be established without any further approvals.

Shall not alter the residential appearance of the building or any accessory buildings.

The business shall be owned and operated by the person (or a member of his or her immediate family) owning and occupying the premises on which the business is to be conducted.

Not more than one nonfamily member is on the premises at any given time who assists or engages in the business.

Any use of space outside of the principal structure shall be screened from the street and abutting properties. If the business does not trigger the requirements of Chapter 640, the Zoning Hearing Board shall apply the standards contained in Chapter 640 to the business.

Traffic shall not be noticeably increased above that normally associated with a single-household dwelling.

The appearance of the building shall be residential in character (i.e., gabled rooflines, wood siding or brick, an articulated footprint, varied facade, etc.).

Proposed traffic will not severely change the residential nature of the neighborhood, and all public and private roads (existing and proposed) serving the site shall be of adequate design and width to handle such traffic.

The water and sewer system is able to provide the necessary service to the facility without impacting other utility customers.

The maximum number of residential units on the site shall be determined using such factors as the ability of the applicant to meet the standards set forth by zoning and land development, utility capacity, unit affordability for central Pennsylvania residents, and overall impact on the neighborhood.

No private unit shall be smaller than 300 square feet nor larger than 800 square feet.

The entire operation is fully enclosed in a solid walled structure, including any storage; and

The entire operation does not exceed 5,000 square feet of gross floor area, including any storage; and

The operation emits no noise, dust, smoke, vibration, or odors detectable to reasonable human senses at the property line (excluding standard heating and cooling equipment, but including all washers or dryers used in the operation); and

The operation contains one paved off-street parking space per employee in addition to any other parking requirements stipulated by in Article IV of the City of Altoona.

The architectural appearance of buildings in which the operation is located is of a scale and style that complements, is respectful of, and preserves the character of the surrounding neighborhood. The operation will not generate more traffic than the public street being accessed can accommodate, and alleys shall not be used to access the operation unless there is no alternative. The Zoning Hearing Board may require the operation to conduct a traffic study to verify the traffic information required; and

Hours of operation shall be set by the Zoning Hearing Board, but no activities or deliveries may occur at night, after dusk or before dawn.

For gasoline filling stations, the area used by the vehicle while fuel is being dispensed may be counted as a parking space. Such spaces shall meet the requirements for parallel parking.

Service stations shall make available the proper number of required spaces for customers, and such spaces shall meet the requirements of this article. Spaces created for vehicle storage and service need not meet the access requirements of this article so long as all vehicles maneuvered in such areas are under the direct control of a paid employee of the business.

Auto sales lots shall make available the proper number of required spaces for customers. Areas for vehicle storage, whether for servicing or sales, may be designed as necessary for the conduct of business, provided that all vehicles being maneuvered in these areas are under the direct control of a paid employee of the business. In no event shall areas of the property designated for other purposes be used for automobile sales or storage.

Attended lots need not meet the accessibility requirements for individual spaces, provided that all vehicles being maneuvered in such lots are under the direct control of a paid attendant for the lot.

That the applicant(s):

That the business:

That the city:

These regulations apply to all building-mounted systems installed and constructed after the effective date of this chapter.

All building-mounted systems are permitted in all zoning districts as an accessory use only to any lawfully permitted principal use on the same property upon issuance of the proper permits and upon compliance with all requirements of this section and as elsewhere specified in this chapter.

Ground-mounted solar photovoltaic systems are prohibited.

Before any construction or installation on any solar PV system shall commence, a building permit issued by the City of Altoona shall be obtained to document compliance with this chapter.

Solar PV systems constructed prior to the effective date of this chapter are not required to meet requirements of this chapter.

Any upgrade, modification or structural change that alters the size or placement of an existing solar PV system by 50% or more, or that triggers code compliance, shall comply with the provisions of this chapter.

Building-integrated systems, as defined by this chapter, are not considered an accessory use and are not subject to the requirements of this article, but are subject to all other applicable building, electrical, and safety codes.

The solar PV system must be constructed to comply with any electrical and safety regulations adopted by the City of Altoona or the State of Pennsylvania.

All systems must be installed by a qualified solar installer as defined by this chapter.

All wiring must comply with the National Electrical Code.

The solar PV system must be constructed to comply with the most recent fire code, as amended and adopted by the City of Altoona.

Panels installed on principal or accessory structures must be mounted at the same angle as the roof's surface with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and edge or surface of the system.

For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.

For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to four feet above the roof to which it is attached.

No element of the system shall reflect glare (as defined by the FAA) onto a neighboring property, public right-of-way, or aircraft flight path.

If a building-mounted system is to be installed on any building or structure that is non-conforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system shall be permitted, so long as the building- mounted system does not increase the degree of non-conformity.

If a building-mounted system is to be installed on a building or structure on a non-conforming property that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system shall be permitted, so long as there is no expansion of any setback or lot coverage non-conformity and so long as it complies with the other provisions of this chapter.

No signage or graphic content may be displayed on the solar PV system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.

Disconnect and other emergency shutoff information will be clearly displayed on a light-reflective surface.

Twenty-four-hour emergency contact information will be clearly displayed.

Systems and sites may not be used for displaying advertising except for reasonable identification of the owner/operator and shall comply with all signage restrictions.

The City of Altoona reserves the right to inspect a solar PV system for building or fire code compliance and safety with 24-hour notification to the property owner and/or owner-operator of the system.

The solar energy system shall be removed, at the owner's, within 180 days of determination by the designated municipal representative that the system is no longer being maintained in an operable state of good repair or no longer supplying solar power. Such an order shall be in writing, shall offer the option to rectify, and shall notify the owner of his or her right to appeal such determination.

If, upon inspection, the City of Altoona determines that a fire code or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the City may order the owner to repair or remove the system within a reasonable time as determined by the Code Enforcement Officer. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the owner of his or her right to appeal such determination.

If an owner fails to repair or remove a solar PV system as ordered, and any appeal rights have been exhausted, the City of Altoona may enter the property, remove the system and charge the owner for all costs and expenses of removal, including reasonable attorney's fees or pursue other legal action to have the system removed at the owner's expense.

In addition to any other available remedies, any unpaid costs resulting from the removal of a vacated abandoned or decommissioned solar PV system shall constitute a lien upon the real property against which the costs were charged. Legal counsel of the City of Altoona shall institute appropriate action for the recovery of such cost, plus attorney's fees, including, but not limited to filing of municipal claims pursuant to for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the City of Altoona in connection with the removal work and the filing of the claim.

A permit shall be secured from the Zoning Officer which shall specifically state the following criteria:

Storage containers under this section shall not require land development review; however, the applicant shall submit plans clearly showing the location of the container on the property and supply a listing of the types of materials to be stored in the container with the application.

A single six-month extension is available through an administrative hearing before the Zoning Hearing Board. If granted, such approval shall order the Zoning Officer to issue another permit in accordance with Subsection A (1) above. This approval shall not be construed to be a variance or special exception.

The Zoning Officer or Zoning Hearing Board may require the applicant to post financial security to ensure proper removal of the containers.

This section shall not apply to containers used in conjunction with work for which a valid building or demolition permit has been issued, unless such containers are in place for more than 30 days after work under the permit has been completed.

Containers remaining in place beyond the permitted temporary period shall be considered permanent and regulated as structures under this chapter.

Construction drawings must be reviewed and approved by the City of Altoona Code Enforcement Department via a building permit. To the extent applicable, all WECS shall comply with adopted City building codes.

The WECS or met towers may cause no more than 45 decibels (dBA) of noise on the A scale and/or 60 decibels (dBC) of noise on the C scale - or no more than 10 decibels above the ambient noise level, whichever is greater - as measured from any property line.

The turbine's blades may not cast a shadow onto a neighboring residence's windows.

The accompanying tower must be secured so that the general public and children may not climb it.

The tower must be no taller (to the tip of the blade at its highest point in rotation, including any building or other structure on which it might stand) than the distance from the center of its base to the nearest property line multiplied by a factor of 1.1. A WECS or met tower may exceed the building height limits otherwise imposed by its zoning district so long as it meets the requirements of this section.

Within six months of the date on which the WECS is no longer used, it must be dismantled and removed from its host property.

Signs may not be installed on a WECS. WECS shall not be lighted unless required by the Federal Aviation Administration.

WECS shall be a nonobtrusive color: white, off-white, or gray.

Accessory WECS shall not be erected in front yards within residential zoning districts.

Any physical modification to a WECS that alters the size, type, or number of turbines must be approved as a new WECS via a new application.

Any WECS may only serve one principal use or lot unless otherwise approved by the Zoning Hearing Board.

Construction drawings must be reviewed and approved by the City of Altoona Code Enforcement Department via a building permit. All such WECS must be submitted for land development approval under the provisions of Part 7. All state and federal permits and permissions - as well as land development approval — must be obtained before a building permit will be issued. To the extent applicable, all WECS shall comply with the adopted City building codes.

The WECS or met towers may cause no more than 45 decibels (dBA) of noise on the A scale and/or 60 decibels (dBC) of noise on the C scale — or no more than 10 decibels above the ambient noise level, whichever is greater — as measured from any property line.

The WECS's blades may not cast a shadow onto a residence's windows.

The accompanying tower must be secured so that the general public and children may not climb it.

The tower must be no taller (to the tip of the blade at its highest point in rotation, including any buildings or structures on which it might stand) than the distance from the center of its base to the nearest property line multiplied by a factor of 1.1.A WECS or met tower may exceed the building height limits otherwise imposed by its zoning district so long as it meets the requirements of this section.

Signs may not be installed on a WECS. WECS shall not be lighted unless required by the Federal Aviation Administration.

WECS shall be a nonobtrusive color: white, off-white, or gray.

All transmission lines to WECS shall be placed underground.

If the applicant or owner is granted or holds a special exception for a WECS or wind turbine, the City, at any time after the grant of the special exception, may require the applicant to provide a form of surety approved by the City Solicitor if the Zoning Officer determines that the turbine or its system is not in compliance with the regulations of this section or any other federal, state, or local regulation. Any notice of violation issued by the City will require that the identified defect be appropriately fixed and that the required surety be provided in an amount determined by the City to be adequate to remove the entire turbine and system if needed.

Any physical modification to a WECS that alters the size, type, or number of turbines must be approved as a new WECS via a new application.

Any road damage caused by the installation of the WECS shall be repaired by its owner or at the cost of its owner.

Applications to the Zoning Hearing Board for WECS special exception shall include the following: