To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the Borough. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to: increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult uses typically involve insufficient self-regulation to control these secondary effects.

To limit adult uses to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and commercial revitalization.

To not attempt to suppress any activities protected by the free speech protections of the state and U.S. Constitutions, but instead to control secondary effects.

Two hundred lineal feet from the lot line of an existing dwelling;

Two hundred lineal feet from the lot line of any residential zoning district;

One thousand lineal feet from the lot line of any primary or secondary school, place of worship, library, public park, day-care center or child nursery.

Such canopy may be attached to the principal building. The canopy shall not include any signs, except for the following: a sign may be attached to each of two sides of the canopy in place of an allowed freestanding sign; an allowed wall sign may be placed on a portion of the canopy that is behind the minimum front yard setback line; and necessary warning signs.

Within the minimum front yard building setback, the distance between the ground level and the bottom of the canopy shall not be greater than 20 feet. Parts of a sloped canopy may have a taller height if the purpose of the taller height is to deflect soot and glare away from the street or neighboring properties.

The screening of evergreens provided in § 255-66 between business and residential uses is not required if the tree buffer would essentially serve the same purpose, or if removal of mature trees would be needed to plant the shrubs.

In a district other than a commercial or industrial district, the antenna shall extend a maximum of 20 feet beyond the existing structure to which it is attached. The antenna shall be attached to one of the following existing lawful structures:

In a commercial or industrial district, the antennas shall extend a maximum of 40 feet beyond an existing building or structure (other than a dwelling), provided the antenna is set back a distance equal to its total height above the ground from any lot line of a dwelling on another lot.

Such antenna/tower shall be set back from all lot lines and street rights-of-way a distance that is greater than the total height of the antenna/tower above the surrounding ground level. The Borough Council may permit an easement arrangement to be used without meeting the setback requirement from the edge of the leased area, provided that there are legal safeguards to ensure that the setback will continue to be met over time from a lot line.

A new tower, other than a tower on a lot of an emergency services station, shall be set back the following minimum distance from any existing dwelling: 300 feet plus the total height of the tower above the surrounding ground level.

A tower attached to the ground shall be surrounded by a security fence/gate with a minimum height of eight feet and evergreen plantings or preserved vegetation with an initial minimum height of four feet.

The applicant shall provide a written statement sealed by a professional engineer stating that the communications antenna/tower will meet the structural and wind resistance requirements of the Construction Code.[2]

The applicant shall describe in writing the policies that will be used to offer space on a tower to other communications providers, which shall serve to minimize the total number of towers necessary in the region. This policy shall be designed to minimize the total number of towers necessary in the Borough.

An applicant for a new commercial communications tower shall provide evidence to the Borough Council ("the Board") that they have investigated co-locating their facilities on an existing tower and other tall structures and have found such alternative to be unworkable. The reasons shall be provided.

A maximum total height of 200 feet above the ground shall apply in a commercial and industrial district and 150 feet in any other district where it may be allowed, unless the applicant proves to the Borough Council as a conditional use that a taller height is absolutely necessary and unavoidable.

The application shall describe any proposed lighting. Strobe lighting shall not be used, but flashing lights may be used.

A new tower shall be designed in a manner that minimizes its visual intrusiveness and environmental impacts to the maximum extent feasible. For example, monopole designs or designs worked into a flag pole are preferred over lattice designs. Self-supporting towers are preferred over towers with guy wires that would require removal of larger numbers of trees.

To protect property values.

To minimize the visual impact of antennas/towers, particularly considering the importance of the scenic beauty of the area in attracting visitors for outdoor recreation.

To minimize the number and heights of towers in a manner that still provides for adequate telecommunications services and competition.

The building shall maintain the appearance of a one-family dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance.

The conversion shall not be permitted if it would require the placement of an exterior stairway on the front of the building, or would require the placement of more than three off-street parking spaces in the required front yard.

If a more restrictive requirement is established by another Borough Code;

The number of bona fide paid professional staff shall not count towards such maximum; and

As may be approved by the Zoning Hearing Board under § 255-17D.

Dwellings or lots owned by the operator or owner of the livestock use;

Dwellings or lots owned by a property-owner providing a written notarized letter waiving such setback; and/or

Dwellings that did not exist at the time of adoption of this chapter.

Meet Borough floodplain regulations;

Not be located within 100 feet of a perennial stream, river, spring, lake, pond or reservoir; and

Not be located within 100 feet of an active public water supply drinking well or an active intake for a public water supply.

The applicant shall provide a soil and erosion control plan to the County Conservation District for review and pay their review fees.

The applicant shall describe in writing or on site plans methods that will be used to address water pollution and insect and odor nuisances. The applicant shall provide a written comparison of proposed methods of controlling insect and odor nuisances and avoiding water pollution to applicable sections of the Pennsylvania Soil and Water Conservation Technical Guide as published by the U.S. Department of Agriculture and the State Department of Environmental Protection's Manure Management Manual for Environmental Protection, or their successor publications. The applicant may meet this requirement by providing a cross-reference to certain sections of such manuals or other written industry standards to describe the methods that will be used.

The location of the facility is requested to consider prevailing wind patterns as they may affect the nearest existing dwellings.

An area shall be provided for trucks to turn around on the property that avoids the need to back out onto a public road.

The applicant shall prove that a continuous route over roads will be available and will be used by trucks leaving the use that entirely involves roads with a minimum paved cartway width of 18 feet from the exit driveway of the mineral extraction use to reach Route 116. This route shall consider any improvements that the applicant proposes to fund.

A copy of all information submitted to state agencies shall also be submitted to the Zoning Officer at the same time.

A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Zoning Officer. Compliance with such plan shall be a condition of Borough permits.

After areas are used for mineral extraction, those areas shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting some productive or beneficial future use.

A fifty-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 200 feet of an area of excavation. The Borough Council may require this yard to include an earth berm with a minimum average height of six feet and an average of one shade tree for each 40 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence.

The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not owned by the owner or operator of the mineral extraction use:

The excavated area of a mineral extraction use shall be set back 150 feet from the average waterline of a perennial stream or the edge of a natural wetland of more than two acres.

Truck access to the use shall be located to reasonably minimize hazards on public streets and dust and noise nuisances to residences.

Fencing. The Borough Council may require secure fencing in locations where needed to protect public safety. As an alternative, the Borough Council may approve the use of thorny vegetation to discourage public access. Also, warning signs shall be placed around the outer edge of the use.

Hours of operation. The Borough Council, as a condition of conditional use approval, may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.

The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents.

The Borough may require that the applicant post financial security to cover the costs of damage that may occur to entrances and exits to public roads as a result of the trucks carrying mining materials.

A plan shall be submitted showing sequential phases of mining activities on the land. Mining activities shall be conducted on a maximum of 50 acres at a time. Reclamation shall be initiated on one phase before the next phase is opened for mining.

A plan shall be submitted showing how dust will be controlled.

To calculate this density: land in common open space or proposed streets within the park may be included, but land within the one-hundred-year floodplain, wetlands and slopes over 25% shall not be included.

Access to individual mobile/manufactured home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.

Streets within the mobile/manufactured home park that provide access to reach 20 or more dwellings shall have a minimum paved cartway of 24 feet, and other local private streets or parking courts serving less than 20 homes shall have a minimum paved cartway of 20 feet.

Curbs and sidewalks are not required on the private streets, but all private streets shall meet all other Borough cartway construction standards.

If a development includes over 30 dwelling units that will not be restricted to at least one resident age 55 and older and will not be timeshare dwellings, then the common open space shall at a minimum include a rectangular grass field 50 feet by 150 feet that is suitable for free play by young persons. If all dwellings in a development will be restricted to at least one resident age 55 and older, then the common open space shall at a minimum include landscaped trails that are ADA accessible.

A recreation building or pool available to all residents of the development may count towards the open space requirement. Areas with a width of less than 50 feet shall not count towards this requirement. This requirement shall be in place of any requirement for recreation land or fees under Chapter 220, Subdivision and Land Development.

(Reserved)[1]

On a corner lot, a fence or wall shall meet the same requirements along both streets as would apply within a front yard. A fence shall not be required to comply with minimum setbacks for accessory structures.

Height. A fence located in a residential district in a location other than a required front yard shall have a maximum height of 6.5 feet, and eight feet in any other district, except a maximum of height of 12 feet shall be permitted around a tennis court or where the applicant proves to the Zoning Officer that such taller height is necessary to protect public safety around a specific hazard.

Setbacks. No fence shall be built within an existing street right-of-way. A fence may be constructed along a lot line, but not on the lot line itself. However, a fence shall be located on the inside of any buffer plantings required by § 255-66. Where no setback is required, a one foot or greater setback is recommended to provide for future maintenance of the fence and to account for possible inaccurate lot lines.

Fence materials. Barbed wire shall not be used as part of fences around dwellings in residential districts. Electrically charged fences shall only be used to contain farm animals, and shall be of such low intensity that they will not permanently injure humans. No fence or wall shall be constructed out of fabric, junk, junk vehicles, appliances, drums or barrels.

Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section, and are permitted by right as needed in all districts. However, if a retaining wall is over eight feet in height, it shall be set back a minimum of 15 feet from a lot line of an existing dwelling.

No wall of greater than three feet shall be located in the required front yard in a residential district, except as a backing for a permitted sign as permitted in § 255-55.

A wall in a residential district outside of a required front yard shall have a maximum height of three feet if it is within the minimum accessory structure setback.

Walls that are attached to a building shall be regulated as a part of that building.

The use shall be conducted primarily by a permanent resident of the dwelling, and involve a maximum of one person working on site at any one time who does not reside within the dwelling. A maximum of one nonresident employee shall visit the property on a daily basis or operate a vehicle based at the property.

The use shall be conducted indoors. No outdoor storage or display related to the home occupation shall be permitted. No changes shall occur to the exterior of a building that would reduce its residential appearance as viewed from a street.

The use shall occupy an area that is not greater than 25% of the total floor area of the principal dwelling unit. The use shall clearly be secondary to the residential use.

One off-street parking space shall be required per nonresident employee. In addition, for a general home occupation, the Zoning Hearing Board shall require additional off-street parking if the Board determines it is necessary for customer parking.

The use shall not require delivery by tractor-trailer trucks.

The regulations of § 255-39D(11)(d) regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.

No equipment or machinery shall be permitted that produces noise, noxious odor, vibration, glare, electrical or electronic interference detectable on another property. The use shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and amounts typically found on a residential property. The use shall not involve the storage or use of toxic or highly hazardous substances.

A home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 9:00 p.m. and 7:30 a.m.

Any tutoring or instruction shall be limited to a maximum of three students at a time.

A barber or beauty shop shall not include any nonresident employees.

The main office of a medical doctor, chiropractor or dentist shall not be permitted as a home occupation.

A home occupation may include one two-square-foot nonilluminated sign, as permitted by Article VII.

The Zoning Hearing Board shall deny a general home occupation application, or limit its intensity through conditions, if the Board determines the use would be too intense for the proposed location. In making such determination, the Board shall review the likely amounts of traffic, the types of operations involved and related nuisances, the amount of off-street and on-street parking that is available, the density of the neighborhood, whether the use would be adjacent to another dwelling, and setbacks from other dwellings.

The use shall not involve manufacturing, other than of custom crafts and sewing. The use shall not involve commercial repair of motor vehicles.

The use may include sales using telephone, mail order or electronic methods. On-site retail sales shall be prohibited, except for sales of hair care products as accessory to a barber/beauty shop.

If more than one home occupation is accessory to a dwelling, the total aggregate impact of the home occupations shall be considered in determining compliance with this chapter.

A zoning permit shall be required for any home occupation.

The use shall not routinely involve routine visits to the home occupation by customers or more than one nonresident employee at a time.

The use shall only involve the following activities:

The term light home occupation also includes, but is not limited to, any use that meets the definition of a "no-impact home-based business" in the State Municipalities Planning Code.

For tires not mounted on a motor vehicle, any outdoor storage of more than five tires on a lot in a residential district or more than 50 used tires in a nonresidential district shall only be permitted as part of a Borough-approved junkyard.

The outdoor storage of more than 50 used tires shall be limited to the Industrial District.

Where allowed, any storage of used tires shall involve stacks with a maximum height of 15 feet, and that cover a maximum of 400 square feet. Each stack shall be separated from other stacks from all lot lines by a minimum of 75 feet. If the same set of tires is stored on a lot for more than six months, they shall be stored within a building or trailer.

The operator of a lot involving tire storage shall prove that the tires are stored in a manner that minimizes public health hazards from the breeding of vectors in accumulated water and/or that the site is regularly sprayed to minimize vectors.

Such limits shall only apply to dogs or cats over six months in age.

If a lot includes more than three acres, then the maximum combined total number of allowed dogs and cats shall be increased to 10. Any greater number of dogs and/or cats shall need approval as a kennel.

No limit shall apply to the number of cats kept on a farm of more than 20 acres.

However, as a special exception, the minimum lot area for keeping one horse may be reduced to one acre, as an accessory use to a detached dwelling, provided: the horse is the principal mode of transportation for the resident; and adequate, safe and healthful means of disposal of animal waste is used at all times.

The following and similar animals shall not be kept as pets, except that the Zoning Hearing Board may approve a particular number and type of species as a special exception if the applicant proves they will not cause nuisances or hazards: bears, wolves, wolf-dog hybrids, cows, venomous snakes that could be toxic to humans, hogs or sheep.

Maximum total floor area of all accessory buildings: 1,000 square feet.

Maximum of two accessory buildings per lot.

A maximum of two vehicles may be parked provided they have a maximum of 14,000 pounds aggregate gross vehicle weight.

A maximum of one vehicle may be parked with an aggregate gross vehicle weight of over 14,000 pounds aggregate gross vehicle weight or the tractor or trailer of a tractor-trailer combination may be parked, provided such vehicle is kept a minimum of 50 feet from any dwelling on another lot.

A maximum of one piece of construction equipment that is not primarily intended for on-road use shall be stored outdoors overnight in a residential district within view of another dwelling.