A written application for approval of a use by special exception is submitted to the Zoning Officer or his/her designated representative. The application shall indicate the section of this chapter under which approval of the use by special exception is sought and shall state the grounds upon which it is requested. The application shall include the following:

A public hearing pursuant to public notice is conducted by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application, unless the applicant has agreed, in writing, to an extension of time. Said hearing shall be conducted in accordance with the procedures specified by § 220-134 of this chapter.

In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 220-141 of this chapter.

If land development approval is required for the use by special exception, the application for approval of a land development required by Chapter 191, Subdivision and Land Development, shall be submitted to the City Planning Commission following approval of the use by special exception by the Zoning Hearing Board.

Adult businesses, as defined by this chapter, shall not be permitted in any zoning district other than the M-1 and M-2 Industrial Districts.

An adult business shall not be located within 1,000 feet of another existing or proposed adult business.

An adult business shall not be located within 500 feet of any of the following uses: a church; public or private elementary or secondary school; public library; day-care center or preschool facility; public park; any boundary of an R-1, R-2 or R-3 Zoning District; or any boundary of the Historic District Overlay. The distance shall be measured in a straight line from the nearest lot line of the lot containing the building or structure that houses the adult business to the nearest property line of the premises of any of the above listed uses.

Any adult business, that has viewing booths, as defined herein, shall comply with the following:

If the adult business involves live performances, areas shall be separated from the viewing area and the viewing area shall not be accessible to the performers.

The owner and operator of any adult nightclub shall provide security officers, licensed under the laws of the commonwealth, if the maximum permitted occupancy exceeds 50 persons.

No stock-in-trade that depicts nudity or sexual conduct shall be permitted to be viewed from the sidewalk, street or highway.

Business identification signs shall not include pictorial or graphic representations of products or services available on the premises. Messages shall be limited to verbal descriptions of products or services available on the premises.

No other signs or other displays of products, entertainment or services shall be permitted in any window or other area that is visible from the street or sidewalk.

Windows shall not be covered or made opaque in any way.

Notice shall be given at the entrance stating the hours of operation and restricting admittance to adults only. The term "adult" shall have the meaning provided by applicable statutory law.

Owners and operators of adult businesses shall obtain a license to operate from the City. In addition, such owners or operators shall supply to the City such information regarding ownership and financing of the proposed business as is required by the City's licensing application. Applications for licensing shall be filed with the City Administrator.

The adult business shall be initially licensed upon compliance with all requirements of this section and provisions of the required licensing application. For each year thereafter that the adult business intends to continue, the owner or operator shall seek a renewal of the license. The application for renewal shall be submitted to the City Administrator by November first of the year preceding the year for which renewal is sought. The lack of license or failure to renew such license in a timely manner shall be a violation of this chapter and shall be grounds for denial or revocation of the certificate of occupancy for the adult business.

If the adult business ceases or discontinues operations for a period of 90 or more consecutive days, the use may not be resumed or be replaced by any other adult business unless the use meets all applicable requirements of this § 220-90A.

Dwelling units shall be on the second floor or above when located in the same building with an office or retail business.

Retail businesses shall be located on the street floor of the building. Dwelling units shall not be located on the street floor.

Each dwelling unit shall have the minimum habitable floor area specified below based on the number of bedrooms:

Dwelling units in basements or accessory garages shall not be permitted.

Each dwelling unit shall have a separate entrance that does not require passing through any area devoted to office or retail use.

One and one-half off-street parking spaces shall be provided on the site for each dwelling unit, unless the site qualifies for a parking exemption under § 220-112D.

The minimum site required shall be two acres.

The maximum dwelling unit density shall be 24 units per acre.

An assisted-living facility shall include the following supporting uses:

In addition, an assisted-living facility may include one or more of the following supporting uses, subject to approval by the City:

The buffer area described in § 220-93A of this chapter shall be provided along all property lines adjacent to property in an R-1, R-2 or R-3 District.

Parking shall be provided in accordance with the requirements of § 220-114 except that additional parking for the supporting uses intended primarily for the residents and their invited guests shall not be required.

The operator of the bed-and-breakfast shall be a full-time resident of the dwelling in which the bed-and-breakfast is located.

The lot shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.

The minimum lot area required shall be 7,500 square feet.

No meals, other than breakfast, shall be served on the premises. Food may be prepared on the premises for consumption off the premises by overnight guests. Food shall not be served to any customers who are not overnight guests.

One identification sign shall be permitted and such sign may either be attached to the wall of the building or may be freestanding in the front yard, provided the surface area of the sign shall not exceed six square feet. The height of the freestanding sign shall not exceed four feet and the freestanding sign shall be located at least five feet from any property line.

The identification sign shall contain no information other than one or more of the following items:

In addition to the parking required for the dwelling, one parking space shall be provided for each sleeping room offered to overnight guests.

Off-street parking shall not be located in any required front or side yard. Parking located in the rear yard shall be screened from adjoining properties in an R-1, R-2 or R-3 District by a compact six-foot-high evergreen hedge.

In the C-1 District, the maximum building height may be increased to no more than 10 stories and no more than 125 feet, provided all of the requirements of this § 220-90E are met.

Any required side or rear yard adjoining an R-1, R-2 or R-3 District shall be increased by one foot for each foot of building height in excess of 45 feet which is proposed.

The applicant shall demonstrate, in writing, that design of the building includes adequate fire-suppression and fire-protection systems appropriate to its height and that City firefighting equipment is adequate to service the building.

The applicant shall demonstrate that the proposed height increase is compatible with adjacent buildings, preserves light and air for adjacent buildings and is consistent with the architectural character of its immediate surroundings.

The facility may be established as a principal use or as an accessory use to an authorized principal use. If the facility is the principal use on the lot, the minimum lot area required shall be five acres.

All operations shall comply with the performance standards of § 220-92 of this chapter.

The storage, transportation, handling, use and disposal of hazardous or potentially hazardous materials shall conform with all applicable regulations and permit requirements of the United States Environmental Protection Agency (EPA) and the Pennsylvania Department of Environmental Protection (DEP).

Fuel storage facilities shall not be located within 500 feet of an existing residential dwelling in any zoning district or within 500 feet of any property line adjoining property in an R-1, R-2 or R-3 District.

All property lines adjoining an existing residential dwelling or property in the R-1, R-2 or R-3 District shall be screened by the buffer area described in § 220-93A of this chapter.

An inventory of materials and quantities stored and an emergency response plan shall be updated annually and submitted to the City Fire Chief.

All operations shall comply with the provisions of the National Fire Prevention Code.

All automated washing facilities shall be in a completely enclosed building, as defined by this chapter. All other car-washing facilities shall be under a roofed structure that has at least two walls.

Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.

Standing spaces shall be provided in accordance with the requirements specified in § 220-97 for drive-through facilities.

The facility shall be connected to public water and public storm sewers.

Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.

The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a communications tower.

Any applicant proposing a new freestanding communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the antenna on an existing building or other structure or an existing communications tower. A good faith effort shall require that all owners within a one-quarter-mile radius of the proposed site be contacted and that one or more of the following reasons for not selecting an alternative existing building or communications tower or other structure apply:

The applicant shall demonstrate that the proposed communications tower and the electromagnetic fields associated with the antennas proposed to be mounted thereon comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).

The applicant for the communications tower shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.

In the M-1 and M-2 Districts, the maximum height of a communications tower shall be 200 feet.

In the C-D District, the maximum height of a communications tower shall be 100 feet.

The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to function effectively.

The setback from all property lines (excluding lease lines) required for the communications tower shall be 100% of the height of the tower.

Tower height shall be measured from the ground level at the base of the communications tower to the top point of the tower or top point of the highest communications antenna, whichever is greater.

Communications towers shall be set back from all overhead electrical transmission or other aboveground lines a distance equal to the height of the tower.

A communications tower shall not be located within 500 feet of any property that is located in the Historic District Overlay.

The communications tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-Manual, as amended.

The communications tower and all appurtenances, including guy wires, if any, and the equipment cabinet or equipment building shall be enclosed by a minimum ten-foot high chain link security fence with locking gate.

The applicant shall submit evidence that the communications tower and its method of installation has been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with the Uniform Construction Code (UCC) and accepted engineering practice.

Equipment cabinets and equipment buildings shall comply with the height and yard requirements of the zoning district for accessory structures. Required setbacks for the accessory structures shall be measured from the lease lines.

Access shall be provided to the communications tower and equipment cabinet or equipment building by means of a public street or a right-of-way to a public street. The right-of-way shall be a minimum of 20 feet in width and shall be improved with a dust-free, all-weather surface for its entire length.

Recording of a plat of subdivision shall be required for the lease parcel on which the communications tower is proposed to be constructed.

Approval of a land development plan, prepared in accordance with the requirements of Chapter 191, Subdivision and Land Development, shall be required for all communications towers.

The owner of the communications tower shall be responsible for maintaining the parcel on which the tower is located, as well as the means of access to the tower, including clearing and cutting of vegetation, snow removal and maintenance of the access driveway surface.

The owner of any communications tower that exceeds 50 feet in height shall submit to the City proof of an annual inspection conducted by a structural engineer at the owner's expense and an updated tower maintenance program based on the results of the inspection. Any structural faults shall be corrected immediately and reinspected and certified to the City by a structural engineer at the owner's expense.

The owner of the communications tower shall notify the City immediately upon cessation or abandonment of the operation. The owner of the communications tower shall enter into an agreement with the City guaranteeing that the tower shall be dismantled and removed within six months of the cessation of operations, if there is no intention to continue operations, evidenced by the lack of an application to the City to install antennas on the existing tower. If the owner of the communications tower fails to remove the tower, then, the landowner shall be responsible for its immediate removal. Failure to remove an abandoned communications tower shall be subject to the enforcement provisions of § 220-141 of this chapter.

All tower structures shall be fitted with anti-climbing devices as approved by the manufacturer for the type of installation proposed.

All antennas and tower structures shall be subject to all applicable Federal Aviation Administration (FAA) and airport zoning regulations.

No sign or other structure shall be mounted on the tower structure, except as may be required or approved by the FCC, FAA or other governmental agency.

The exterior finish of the tower shall be compatible with the immediate surroundings.

If the base of the tower is visible from adjoining streets or properties in an R-1, R-2 or R-3 District, the base of the tower shall be screened by landscaping suitable to the proposed location.

At least one off-street parking space shall be provided on the site to facilitate periodic visits by maintenance workers.

No antenna or tower structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).

Uses of the same general character as any of the uses authorized as permitted uses by right or uses by special exception in the zoning district in which the property is located shall be allowed, if the Zoning Hearing Board determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any comparable use specifically listed in the zoning district. In making such determination, the Zoning Hearing Board shall consider the following characteristics of the proposed use:

The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.

If the most nearly comparable use is a use by special exception in the zoning district, the proposed use shall comply with the applicable express standards and criteria specified in this article for that most nearly comparable use.

The proposed use shall be consistent with the purpose statement for the zoning district in which it is proposed and shall be consistent with the community development objectives of this chapter.

Each dwelling unit shall contain a minimum of 400 square feet of gross floor area.

Each dwelling unit shall have separate living, sleeping, kitchen and sanitary facilities.

In the R-2 District, only one new dwelling unit shall be created in a single-family dwelling. In the R-3 District, the maximum number of new dwelling units created shall be four dwelling units.

Conversion of detached garages or other accessory structures to dwelling units shall not be permitted.

Safe ingress and egress and adequate turnaround areas shall be provided on the lot for circulation of automobiles owned by the residents.

In addition to the off-street parking spaces required for the existing dwelling, one off-street parking space shall be provided for each conversion apartment.

All units shall comply with all applicable requirements of the Uniform Construction Code (UCC) for the proposed occupancy.

The facility shall be registered with or licensed by the Commonwealth of Pennsylvania.

In the R-1, R-2 and R-3 Zoning Districts, the facility shall be permitted to be located only in a church or school.

Outdoor play areas shall be provided which shall have a minimum area of 65 square feet per child and which shall be secured by a fence with self-latching gate. The location of the outdoor play area shall take into account the relationship of the play area to adjoining properties.

Outdoor play areas that adjoin residential lots shall be screened by the buffer area described in § 220-93A of this chapter.

The general safety of the property proposed for a day-care center or preschool facility shall meet the needs of small children. There shall be no potential hazards in the outdoor play area and a safe area for dropping off and picking up children shall be provided.

Off-street parking shall be provided in accordance with the requirements of Article XV of this chapter.

All of the applicable criteria for a home occupation specified in § 220-90P shall be met.

Evidence shall be submitted that all applicable requirements of the Pennsylvania Department of Human Services have been met and continuing compliance shall be maintained.

A safe area shall be provided for dropping off and picking up children.

An adequate outdoor play area shall be provided and shall be secured by a fence with self-latching gate. Such play area shall be screened from adjoining dwellings on properties by a minimum four-foot high compact, dense evergreen hedge or opaque fence.

Outdoor play areas shall have a minimum area of 400 square feet.

The minimum site required to construct garden apartments or townhouses shall be 10,000 square feet.

The maximum dwelling unit density shall be 12 units per acre.

All applicable area and bulk regulations of the R-3 District for the proposed dwellings shall apply.

All parking areas adjacent to property containing a single-family dwelling shall be screened by the buffer area described in § 220-93A.

All portions of the property not covered by buildings, driveways, parking and recreation facilities shall be suitably landscaped with grass, ground cover and decorative shrubs or trees.

The design and orientation of the buildings on the property shall take into account compatibility with and visual impact on adjacent properties located in the R-1, R-2 and R-3 Districts.

On lots containing more than 48 dwelling units, indoor or outdoor recreational facilities appropriate to the needs of the residents shall be provided.

In the R-3 District, the minimum area and bulk regulations for a group-care facility, personal-care boarding home or transitional dwelling housing no more than eight residents shall be the same as the requirements for a single-family dwelling in the R-3 District.

In the R-3 District, the minimum lot area required for a group-care facility, personal-care boarding home or transitional dwelling housing more than eight, but fewer than 15 residents shall be 10,000 square feet. The minimum lot area required to house 15 or more residents shall be 20,000 square feet.

No group-care facility, personal-care boarding home or transitional dwelling shall be located within 500 feet of another existing or proposed group-care facility, personal-care boarding home or transitional dwelling in any zoning district measured between the nearest property lines of each use.

In the R-3 District, adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs and the area shall be secured by a fence with self-latching gate.

In the C-1 and C-2 Districts, there shall be no minimum lot area requirement for a group-care facility, personal-care boarding home or transitional dwelling.

Adequate provisions shall be made for access for emergency medical and firefighting vehicles.

Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

The buffer area described in § 220-93A of this chapter shall be provided along property lines that adjoin property in an R-1, R-2 or R-3 District.

Where applicable, licensing or certification by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy and a copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.

The minimum site required shall be one acre.

All activities shall comply with the performance standards specified in § 220-92 of this chapter.

All materials, equipment and processes shall be contained within a completely enclosed building, as defined herein, and windows and doors shall remain closed during manufacturing processes.

Adequate public utilities shall be available to meet the demands of the proposed manufacturing processes.

Adjacent public streets shall be adequate to accommodate traffic volumes and weight limits associated with truck traffic to and from the site.

The storage, handling, transportation and disposal of hazardous or potentially hazardous materials shall be in accordance with all applicable permits and requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).

The buffer area described in § 220-93A of this chapter shall be provided along all property lines that adjoin property in an R-1, R-2 and R-3 District.

The home occupation shall be carried on by a member of the family residing in the dwelling unit. No more than one person who is not a resident of the dwelling unit shall be employed in the dwelling unit.

No more than 25% of the gross floor area of the principal dwelling shall be devoted to the conduct of the home occupation.

The home occupation shall be carried on wholly within the principal dwelling. The home occupation shall not be conducted in any accessory structure.

A limited number of samples of handcrafted articles produced on the premises may be displayed for the purposes of accepting orders. Articles produced on the premises shall be displayed in quantity only off the premises at a retail outlet, consignment shop or product or craft show.

There shall be no display or sale on the premises of merchandise that has been produced off the premises; however, merchandise such as Amway, Tupperware or similar products may be stored on the premises for delivery off the premises to customers or salespersons at their residence or place of business. In addition, small amounts of products may be sold as an accessory use to an authorized principal use, such as sale of beauty products accessory to a beauty shop and similar situations.

There shall be no exterior displays or signs, either on or off the premises, other than a small identification sign no more than three square feet in surface area containing only the name of the resident and the nature of the home occupation. The sign may be attached to the wall of the dwelling or may be freestanding in the front yard, provided the freestanding sign is at least three feet from any property line.

The use shall not require internal or external alterations or construction features that are not customary to a dwelling or that change the fire rating of the structure.

Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 220-92 of this chapter.

The use shall not significantly intensify vehicular or pedestrian traffic beyond that which is normal for the residences in the neighborhood.

There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.

The use shall not cause an increase in the use of water, sewage, electricity, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.

The home occupation shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises and commercial vehicles shall not be parked on the premises.

Materials or equipment used in the home occupation shall not be stored outside a completely enclosed building.

Any home occupation where customers, clients or students routinely visit the premises shall provide a paved off-street parking area in accordance with the requirements of Article XV for the specific use in addition to the parking spaces required for the dwelling unit.

The following are examples of permitted home occupations, provided all of the foregoing criteria are met:

The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses or uses by special exception, including, but not limited to:

The acceptability of any proposed home occupation not specifically listed in Subsection P(15) above shall be determined by the Zoning Hearing Board in accordance with the standards of this § 220-90P and the applicable criteria for comparable uses not specifically listed in § 220-90I.

The following dwelling unit types may be constructed on lots proposed for infill housing, subject to the requirements of this § 220-90Q: single-family dwellings, two-family dwellings or townhouses containing no more than four dwelling units in a building.

If a vacant lot proposed for infill housing is in separate ownership from adjacent lots, but does not meet the minimum lot area or lot width requirements of the district for construction of a single-family dwelling or two-family dwelling, a single-family dwelling or two-family dwelling may be constructed on the lot without a variance, provided at least 75% of the minimum front, side and rear yard setbacks required in the district can be met.

If two or more contiguous lots under single ownership are proposed for infill housing, but do not meet the minimum lot area and lot width requirements of the district for construction of a single-family or two-family dwelling, the lots shall be consolidated or resubdivided into one or more lots that more closely conform to the minimum lot area and lot width required for construction of a single-family dwelling or two-family dwelling in the district in which they are located.

If, after consolidation or resubdivision, the minimum lot area and/or lot width requirements of the district for construction of a single-family or two-family dwelling still cannot be met by one or more of the consolidated or resubdivided lots, a single-family or two-family dwelling may be constructed on the lot or lots without variances, provided the minimum lot areas and lot widths are at least 75% of the lot area and/or lot width required for the construction of a single-family dwelling or two-family dwelling in the district and at least 75% of the minimum front, side and rear yard setbacks required in the district can be met.

The minimum lot area required to construct townhouses as infill housing shall be 10,000 square feet. This minimum lot area may be reduced to no less than 7,500 square feet, provided 75% of the front, side and rear yard setbacks required in the district for dwellings can be met.

If the lot meets the requirements of § 220-125B for setback averaging, this provision shall supersede the requirement to provide 75% of the minimum required front yard setback in Subsection Q(2), (4) and (5), above.

In the case of corner lots, the requirement to provide 75% of the minimum required side yard shall apply to the side yard modification authorized by § 220-94A.

The design of the dwelling units shall be compatible with the height, architectural style and building materials of existing dwellings in the same block on the same side of the street.

The minimum site required shall be 10 acres.

The premises shall be maintained so as to not constitute a nuisance or menace to public health and safety.

No garbage, hazardous materials or hazardous waste, as defined by federal statute, or other organic waste shall be stored on the premises.

The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 220-141 of this chapter.

The manner of storage of junk or other materials or equipment on the site shall facilitate access for firefighting, shall prevent hazards from fire or explosion and shall prevent the accumulation of stagnant water.

The junkyard operation shall comply with the performance standards of § 220-92 of this chapter.

No junk shall be stored or accumulated and no structure shall be located within 300 feet of any dwelling or within 100 feet of any property line or public street right-of-way.

The premises shall be enclosed by a metal chain-link fence not less than eight feet in height supported on steel posts with a self-latching gate. The fence shall be located on the inside of the buffer area, if required by Subsection R(10), below, and shall be maintained in good condition.

The fence shall be supplemented with screening material that creates a visual barrier that is at least 80% opaque.

The buffer area described in § 220-93A of this chapter shall be provided along all property lines adjoining property in any C-D, R-1, R-2 or R-3 District.

The site shall be designed utilizing natural topography and/or constructed earthen mounds so as to obstruct visibility from adjacent public streets and properties.

The operator shall submit a stormwater management plan to control runoff for review and approval by the City Engineer.

The operator shall obtain a license from the City prior to initiating operations that shall be renewable annually upon payment of the required license fee established from time to time by resolution of City Council and subject to inspection by the Zoning Officer to determine continuing compliance with these standards.

The maximum number of parking spaces in any neighborhood resident parking lot shall be 16 spaces.

The neighborhood resident parking lot shall serve residents within a 600-foot radius of the parking lot.

The neighborhood resident parking lot shall be posted with signs that restrict parking to neighborhood residents and their invited guests.

Lighting shall be restricted to low level pedestrian walkway lighting and bollard lighting in the parking area.

The buffer area described in § 220-93A of this chapter shall be provided along all property lines adjoining property in an R-1, R-2 or R-3 District.

The minimum lot area required by the zoning district shall apply to the conversion of any existing structure to use by a nonprofit service organization.

The minimum site required for construction of a new building to house a nonprofit service organization shall be 10,000 square feet.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

The buffer area described in § 220-93A of this chapter shall be provided along all property lines adjoining property in an R-1, R-2 or R-3 District.

Exterior lighting shall not be permitted, except for shielded, building-mounted security lighting, low-level pedestrian walkway lighting and bollard lighting in parking lots.

Off-street parking shall be provided in accordance with § 220-114C of this chapter.

The minimum lot area required for a nursing home shall be 20,000 square feet.

The property shall be served by public water and public sewers.

Water pressure and volume shall be adequate for fire protection.

All nursing homes shall be licensed by the commonwealth and the license shall be maintained throughout the occupancy. Failure to maintain the license shall be grounds for revocation of the certificate of occupancy.

Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.

The parking and circulation plan shall be referred to the City Police Department and volunteer fire company for comments regarding traffic safety and emergency access.

Nursing homes shall have a bed capacity of at least 20 beds, but not more than 200 beds.

All property lines adjoining property in an R-1, R-2 or R-3 District shall be screened by the buffer area described in § 220-93A of this chapter.

Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).

The applicant shall demonstrate that all, or part, of the parking required for a proposed use or the expansion of an existing use cannot be met on the site of the use it is intended to serve.

Off-site parking shall be located within 600 feet of the use it is intended to serve.

If metered on-street parking spaces are located within 600 feet of the existing or proposed use, these on-street spaces may be used to satisfy 20% of the total number of off-site parking spaces required.

Evidence shall be provided that the owner of the site where the use is located has ownership and control of the site proposed for off-site parking or has executed a long-term lease or other acceptable legal agreement to guarantee the maintenance and continued use of the off-site parking. Any covenant executed to guarantee the maintenance of off-site parking shall be recorded in the office of the McKean County Recorder of Deeds.

In the event that off-site parking is proposed in a City of Bradford parking lot, an agreement with the City shall be presented that indicates the number of spaces, the terms of the lease and a guarantee of annual renewal. Failure to maintain the agreement or provide alternate off-site spaces shall be a violation of this chapter and shall be subject to the enforcement provisions of § 220-141 of this chapter.

If there is any on-site parking available for the use, it shall be reserved for customers and visitors. Employee parking shall be located in the off-site parking area and shall not be permitted on-site.

The applicant shall demonstrate that safe pedestrian access exists between the off-site parking area and the use it is intended to serve.

If the site on which the principal use is located is sold, the site utilized for off-site parking accessory to that principal use shall be conveyed to the new owner. If the off-site parking is not owned by the owner of the principal use, any lease or other legal agreement for the off-site parking shall be assigned to the new owner of the principal use.

The buffer area described in § 220-93A of this chapter shall be provided along all property lines that adjoin property in an R-1, R-2 or R-3 District.

The minimum site required shall be one acre.

Only uses permitted by right or authorized as uses by special exception in the district in which the shopping center is located shall be permitted in the shopping center.

The buffer area described in § 220-93A of this chapter shall be provided along all property lines that adjoin property in a C-D, R-1, R-2 or R-3 District.

Sidewalks shall be installed in front of all stores and along the frontage of the property, if a sidewalk does not currently exist.

The site plan shall be designed to minimize points of access to the public street. Shared driveways shall be utilized where feasible and cross-easements shall be dedicated for shared access, where necessary.

The site shall be planned as an integrated development. Uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common architectural design theme. Where necessary, cross-easements shall be recorded to allow for shared parking.

Site lighting, if proposed, shall be designed with cutoff luminaires with a maximum cutoff angle of 60°. (See illustration in Appendix B.[1]) The maximum illumination at any property line adjoining property in an R-1, R-2 or R-3 District shall be 0.2 footcandle.

The site shall be landscaped in accordance with the requirements of § 220-93 and § 220-113J of this chapter.

The minimum lot area required shall be 20,000 square feet.

Ingress and egress to and from the site shall be designed to maximize sight distance along the adjacent public streets and enhance safety for vehicles entering and exiting the property.

City maintenance facilities and public safety buildings shall be located so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.

All buildings intended for public occupancy shall be designed to provide convenient access for emergency vehicles, as well as access to all sides of the building for firefighting equipment.

All outside storage, including trash dumpsters, shall be completely enclosed by a six-foot high dense evergreen hedge or solid fence.

The buffer area described in § 220-93A of this chapter shall be provided along all property lines that adjoin property in an R-1, R-2 or R-3 District.

Public and semipublic swimming pools shall include any noncommercial swimming pool operated by a public or semipublic agency, including community clubs and homeowners' associations.

Public pools shall be open to the general public and semipublic pools shall be limited to use by members and their invited guests.

All public and semipublic pools shall have permanent vehicular access to a public street.

The construction of all such pools shall comply with all applicable state requirements.

The buffer area described in § 220-93A of this chapter shall be provided along all property lines that adjoin property in an R-1, R-2 or R-3 District.

The minimum lot area required for buildings intended for human occupancy or storage of equipment shall be 10,000 square feet. There shall be no minimum lot area required for all other structures.

Maintenance vehicles shall be stored within a completely enclosed building, as defined herein.

Outdoor storage of materials or equipment, other than maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum eight-foot-high fence with locking gate and is screened by 100% opaque screening material placed in the fencing or by a six-foot-high dense, compact evergreen hedge.

Any area of the building that is used for business offices shall comply with the parking requirements of Article XV of this chapter for that use. Any area of the building that is used for storage of material, vehicles or other equipment shall provide one parking space for each 1,500 square feet of gross floor area devoted to that use.

The minimum lot area required in the R-3 and C-2 Districts shall be 10,000 square feet. There shall be no minimum lot area required in the C-1 District.

The following minimum floor areas shall be provided for each dwelling unit based on the number of students to be housed in each dwelling unit:

All applicable requirements of Chapter 127, Housing Standards, of the City Code shall be met.

Each dwelling unit shall have common areas for cooking, eating and leisure activities. The maximum number of students sharing a single common area for cooking, eating and leisure activities shall be 16.

Off-street parking shall be provided in accordance with the requirements of § 220-114C. If off-street parking cannot be provided on the site of the student housing, all or part of the required parking may be provided in a neighborhood resident parking lot and/or a public parking lot, provided the parking lot is located within 600 feet of the lot containing the student housing and further provided that evidence of a lease agreement for the spaces in the parking lot is presented to the City and that the lease agreement is maintained as a condition for occupancy of the student housing units.

Temporary uses such as festivals or fairs or other similar activities sponsored by a local nonprofit, community or charitable organization shall be exempt from obtaining approval from the Zoning Hearing Board, provided the Zoning Officer determines compliance with the standards of this § 220-90BB as a condition of issuing a certificate of occupancy.

Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail establishment with the permission of the landowner for a period not exceeding 72 hours shall not be subject to the provisions of this § 220-90BB. Any such activity exceeding 72 hours in duration shall be subject to approval under this § 220-90BB.

A peddler and transient merchant license, required by Chapter 156 of the City Code, shall be obtained, if applicable.

The proposed temporary use or structure shall be limited to those uses or structures authorized in the zoning district where it is proposed.

Approval for temporary uses or structures shall be granted for a specific time period not to exceed six months. If the Zoning Hearing Board determines that there will be a continued need for the temporary use or structure on an annual basis, the Board may authorize annual renewal of the permit for the temporary use or structure by the Zoning Officer, provided all conditions of the original approval are maintained.

All temporary uses or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.

All temporary uses or structures that are proposed to be accessible to the public shall provide parking in accordance with the requirements of Article XV for the proposed use.

Vehicular access for all temporary uses or structures that are proposed to be accessible to the public shall be designed to minimize congestion on the site and not impede the free flow of traffic for any other permanent use or structure on the site.

All temporary uses or structures proposed to be used as principal uses or structures shall comply with all applicable area and bulk regulations for principal structures in the zoning district in which they are located. All temporary uses or structures that are proposed to be used as accessory uses or structures shall comply with the requirements of the zoning district for accessory structures.

Temporary uses or structures that are proposed as principal uses or structures and that are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the site.

The minimum site required to develop two-family dwellings shall be 10,000 square feet.

The minimum lot area required per dwelling unit shall be 5,000 square feet.

If the property is proposed to be subdivided for fee simple ownership of each dwelling unit, the units may be divided along the common walls without a variance for the side yard required in the R-2 District, provided the minimum lot area of 5,000 square feet per dwelling unit is provided and all other applicable area and bulk regulations are met for each lot.

If a two-family dwelling is proposed to be created within an existing single-family dwelling, the requirements of § 220-90J for conversion apartments shall be met.

The minimum lot area required to install a personal wind energy system shall be one acre.

The maximum height of a personal wind energy system shall be 60 feet.

Only one personal wind energy system shall be permitted on a lot.

The personal wind energy system shall be accessory to an existing principal structure on the lot.

The applicant shall provide evidence that the proposed height of the personal wind energy system does not exceed the height recommended by the manufacturer or distributor of the system.

The applicant shall comply with all applicable regulations of the Pennsylvania Public Utility Commission (PUC) governing generation of electricity for private use and shall provide evidence with the application that they have notified the applicable utility company of their intent to install a personal wind energy system.

The personal wind energy system generators and alternators shall be constructed so as to prevent the emission of radio and television signals. The applicant shall correct any signal disturbance problem identified after initiation of the operation within 90 days of identification.

The minimum distance between the ground and any protruding blades utilized on a personal wind energy system shall be 25 feet measured at the lowest point of the arc of the blades.

The lowest point of the arc of the blades utilized on a personal wind energy system shall be 25 feet above the height of any structure located within 150 feet of the base of the personal wind energy system.

The supporting tower or the lot on which it is located shall be enclosed by a six-foot-high fence, unless the tower is fitted with anti-climbing devices for a distance of 12 feet above the ground.

The applicant shall submit evidence from the manufacturer regarding the structural integrity of the tower, base and footings and the installation's ability to withstand expected wind loads.

The personal wind energy system shall be set back from all property lines, public street rights-of-way and aboveground utility lines a distance equal to 110% of the height of the wind energy system, as defined herein.

Personal wind energy systems shall comply with all applicable requirements of the Federal Aviation Administration (FAA).

Personal wind energy systems shall not be artificially lighted unless required by the Federal Aviation Administration (FAA).

No tower shall have any sign, writing or picture that may be construed as advertising.

Standard installation drawings shall be submitted showing the wind turbine structure, including the tower, the base and the footings. An engineering analysis of the tower showing compliance with the Uniform Construction Code (UCC) and certified by a licensed professional engineer shall be provided. This analysis may be provided by the manufacturer.

The application shall be accompanied by a line drawing of the electrical components in sufficient detail to determine compliance with the National Electrical Code. This information may be supplied by the manufacturer.

Appropriate warning signage regarding electrical or other hazards shall be placed on the wind turbine towers and electrical equipment.

All wiring shall be underground.

All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, over-speeding or excessive pressure on the tower structure, rotor blades and turbine components.

Personal wind energy systems shall have a nonreflective, painted steel finish in a neutral color to reduce the visual impact.

Personal wind energy systems shall not produce noise in excess of 60 dBA, for any period of time, as measured from the property line closest to the personal wind energy system, except during short-term emergencies such as utility outages and/or severe windstorms.

An individual wind energy system that is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner pursuant to an enforcement notice issued in accordance with § 220-141 of this chapter.