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Bridgeport City Zoning Code

ARTICLE III

Use Regulations

§ 560-301 Regulation of uses.

Except as provided for by law, no building, structure, land, lot or premises shall be used for any purposes other than as permitted in this chapter.

§ 560-302 Purpose.

It is the intent of this article to provide clear and specific standards for uses permitted within the various Bridgeport Borough zoning districts, including design standards for uses permitted in more than one district.

§ 560-303 Applicability and interpretation.

A. 
When a use is proposed, the Zoning Officer shall make the final determination on which use classification described herein best or most closely defines or matches the use being proposed. If a proposed use meets the definition of more than one use classification, as defined herein, the most specific use classification which matches most precisely the proposed use shall be used.
B. 
When a proposed use does not precisely match a use classification defined herein, the Zoning Officer shall determine which described use it most closely matches. If the principal use proposed is similar in most respects to a given described use, as determined by the Zoning Officer, then the proposed use shall be classified according to the use defined herein.
C. 
All uses permitted by right, by conditional use or by special exception shall be subject to the use regulations herein, as well as any applicable district regulations, and any other applicable provisions as are specified in this chapter. If there is a conflict between the use regulations herein and any other applicable regulations, the more restrictive regulation shall apply, unless otherwise noted.
D. 
A building, structure, lot, or premises shall be permitted only one principal use, except as may be provided for in this chapter. See § 560-1902, Number of principal uses and principal buildings per lot.
E. 
A building, structure, lot, premises, or use shall not be altered, partitioned or subdivided in any manner for the purpose of creating an additional principal use, or additional accessory use, except as may be provided for in this chapter.

§ 560-304 Permitted uses.

A. 
Use by right. In any given district, a use is permitted by right, provided it is listed as such in the district regulations, provided it can comply with the applicable use regulations stated herein, and provided a use and occupancy permit has been duly issued by Bridgeport Borough, as specified in this chapter.
B. 
Use by conditional use approval. In any district, a use is permitted by conditional use approval, provided it is listed as such and meets the conditions in the district regulations, and provided it can comply with the applicable use regulations stated herein. In addition, the use is subject to approval or denial by the Borough Council. If approved, the Borough Council may impose further conditions to ensure the protection of adjacent uses and the health, safety and general welfare of the residents. Following approval and conditions of the Borough Council, the use is subject to all other applicable codes, permits, regulations, and standards expressed in this chapter.
C. 
Use by special exception. In any district, a use is permitted by special exception, provided it is listed as such in the district regulations, and provided it can comply with the applicable use regulations stated herein. In addition, the use is subject to approval or denial by the Borough Zoning Hearing Board. If approved, the Zoning Hearing Board may impose further conditions to ensure the protection of adjacent uses and the health, safety and general welfare of the residents. Following approval and conditions of the Zoning Hearing Board, the use is subject to all other applicable codes, permits, regulations, and standards expressed in this chapter.
D. 
Accessory uses permitted.
(1) 
An accessory use is permitted if it is listed as a permitted accessory use in the district use provisions. Accessory uses not listed as such are not permitted, except when the Zoning Officer determines a use qualifies as "subordinate and customarily incidental to" the principal use of the subject tract.
(2) 
Accessory uses, when permitted, are subject to the district regulations, the provisions of the uses regulations established herein, and all other applicable sections of this chapter.
(3) 
Accessory uses must be subordinate to a principal permitted use on the lot and may not in any case be a principal use.
(4) 
Any proposed use that is accessory to a use that is permitted by conditional use, special exception, or variance shall require the same type of approval.
E. 
Uses not permitted. Any use not listed in the district in question as explained above is not permitted.
F. 
Use by variance. Any use not permitted in the district regulations or conforming to the use regulations or applicable provisions of this chapter may be permitted if a variance for relief of those requirements is granted by the Borough Zoning Hearing Board. If approved, the Board may impose further conditions to ensure the protection of adjacent uses, and the health, safety and general welfare of the residents. Following approval and conditions of the Board, the use is subject to all other applicable codes, permits, regulations, and standards expressed in this chapter.

§ 560-305 Categories of permitted uses.

A. 
Residential uses.
(1) 
Boardinghouse. A residential use in which a maximum of 12 rooms that do not meet the definition of a lawful dwelling unit are rented for habitation or a dwelling unit includes greater than the permitted maximum number of unrelated persons. A boardinghouse shall not include a use that meets the definition of hotel/motel, residential care facility, bed-and-breakfast home, or group home. A college fraternity or sorority house used as a residence shall be considered a type of boardinghouse. A boardinghouse may either involve or not involve the providing of meals to residents but shall not include a restaurant, dine-in open to the public unless the use also meets the requirements for a restaurant, dine-in. A boardinghouse shall primarily serve persons residing on site for five or more consecutive days. The following additional standards must be satisfied:
(a) 
Minimum lot area: 10,000 square feet.
(b) 
Minimum side yard building setback: 20 feet per side.
(c) 
Minimum lot width: 40 feet.
(d) 
Each bedroom shall be limited to two adults each.
(e) 
A buffer yard with screening meeting § 560-1905D shall be provided between any boardinghouse building and any abutting dwelling.
(f) 
Signs shall be limited to two wall signs with a maximum of two square feet each.
(g) 
Rooms shall be rented for a minimum period of five consecutive days.
(2) 
Multifamily building/unit. A multifamily dwelling is a single, detached, residential use or building containing at least three separate dwelling units, with units arranged in a variety of combinations, including side-by-side, over-and-under, or back-to-back with another dwelling unit. When contained in mixed-use building, "multifamily building/unit" shall refer to at least one dwelling unit contained in a single building containing other uses. The following additional regulations must be satisfied:
(a) 
The dwelling units may share outside access and internal hallways, lobbies and similar facilities.
(b) 
The dwelling units cannot be individually lotted, but shall share a lot or parcel on which the building is located; except under condominium law.
(c) 
Multiple buildings permitted. When two or more multifamily buildings are proposed, they shall be separated by a minimum distance of 15 feet, in addition to required zoning district setbacks.
(d) 
In order to mitigate potential impacts from the proposed development, any multifamily development with three or more units must also satisfy the following requirements:
[1] 
Landscape buffer required. A landscaped screen buffer 15 feet in width shall be provided along the side and rear property lines in order to screen the development from neighboring properties.
[2] 
Refuse collection facilities required. A refuse collection area that is convenient for access by residents and meeting the requirements of refuse collection facilities shall be provided on-site.
[3] 
Centralized postal service hub(s) required. In order to ensure efficient and secure postal service, a central location where residents' mail and parcels/packages may be delivered shall be provided on-site. Each building in a multifamily development must either offer a single mailroom where all residents may receive mail, or an exterior cluster of mailboxes that limits the number of delivery locations for postal workers.
(e) 
Accessory uses. Any accessory use on the same lot with and that is determined to be customarily incidental to this use by the Zoning Officer is permitted. Such accessory use(s) may include but is not limited to any administrative offices, laundry facilities, refuse collection facilities, or recreation facilities that are used exclusively by residents, their visitors, or employees.
(f) 
Transportation impact study required. In order to analyze and mitigate potential traffic impacts associated with the proposed development, a transportation impact study shall be required for any multifamily development with 25 or more dwelling units. Transportation impact studies shall be prepared pursuant to § 560-1912.
(3) 
Single-family detached dwelling. A dwelling unit designed and used exclusively as the residence for only one family unit, that is the only dwelling unit located on the parcel it is situated on, and that is not attached to any other structures or dwelling units, except accessory structures permitted in this chapter. A single-family detached dwelling may be a mobile/manufactured home.
(4) 
Single-family semi-detached dwelling (twin). A dwelling unit in which one side wall is a vertical unpierced fire-resistant wall in common with a neighboring dwelling unit designed so that the vertical party wall separates two families, and acts as the lot line dividing the properties, but it is otherwise surrounded by required yard areas.
(5) 
Two-family detached dwelling (duplex). A building having two separate dwelling units where each unit shares one and only one common partition. Both dwelling units are located on a single parcel and are under common ownership.
(a) 
The duplex must be located entirely on one lot, with front, rear, and two side yards of the required depth for the district in which it is located.
(b) 
Separate ingress and egress must be provided to each unit.
(6) 
Single-family attached dwelling (townhouse). One dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire-resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit.
(a) 
Maximum number of townhouses attached in any manner: eight.
(b) 
Paved area setback: All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, shall be set back a minimum of 10 feet from any dwelling.
(c) 
Garages. See Article IX of Chapter 495, Subdivision and Land Development.
(d) 
Mailboxes. Any mailboxes provided within the street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of noncoordinated types at the curbside are specifically discouraged.
(e) 
Access. Vehicular access points onto all arterial and collector streets shall be minimized to the lowest reasonable number. No townhouse dwelling within a tract of five or more dwelling units shall have its own driveway entering onto an arterial or collector street.
(f) 
Common garbage and recycling facilities shall be provided if the townhouse dwellings are not rear loaded in order to prevent front yard storage of garbage and recycling bins.
(g) 
To the extent possible, varied architectural elements should be utilized to articulate the building facade while forming a cohesive building. This may include different entrances, window treatments, varied colors, garage doors, dormers, offset facades, and a mix of building materials.
(7) 
Group home. A dwelling unit operated by an individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to age, emotional, mental or physical handicap. This definition shall expressly include facilities for the supervised care of developmentally disabled persons and all persons subject to protection under the Federal Fair Housing Act Amendments of 1988. [Note: The Federal Fair Housing Act Amendments defined "handicap" as follows: "1) a physical or mental impairment which substantially limits one or more of such person's major life activities; 2) a record of having such an impairment; or 3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in Section 802 of Title 21." This definition was subsequently adjusted by Section 512 of the Americans With Disabilities Act to address certain situations related to substance abuse treatment.] Group homes must be licensed where required by any appropriate government agencies, and a copy of any such license must be delivered to the Zoning Officer prior to the initiation of the use.
(a) 
Group homes shall be subject to the same limitations and regulations by the Borough as the type of dwelling unit they occupy.
(b) 
It is the express intent of the Borough to comply with all provisions of the Federal Fair Housing Act,[1] as amended, and regulations promulgated thereunder, in the construction of this term.
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
(c) 
A group home shall not include any use meeting the definition of "substance abuse treatment and rehabilitation facility."
(d) 
Accommodations in a group home shall be provided for no more than the maximum number of occupants or residents as permitted by the applicable building code, fire code, and any other similar code that sets forth a maximum occupancy limit for a dwelling or building. Applications for group homes shall specify the maximum number of residents or occupants to be housed or cared for at the facility.
(e) 
The facility shall have adequate trained staff supervision for the number and type of residents. Where Zoning Hearing Board approval or accommodation is required, the Board may require that twenty-four-hour on-site staffing shall be provided, if the Board determines it is necessary.
(f) 
The applicant shall provide evidence of any applicable federal, state or county licensing or certification to the Zoning Officer. In the event an applicant is not subject to any such licensing and certification requirements, the applicant shall provide evidence that the applicant would be in compliance if subject to the same health, safety and welfare standards as required by the applicable federal, state and/or county agency.
(g) 
Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements of the Pennsylvania Department of Environmental Protection and/or the applicable public or community Sewer and Water Boards or Authorities.
(h) 
Arrangements for the collection, storage and disposal of solid waste generated by the facility shall be made by the applicant and submitted to the Borough for approval as part the application for such a use.
(i) 
Notwithstanding any provisions of the Bridgeport Borough Building Code, the group home shall have the following installed throughout the building and any attached accessory building(s):
[1] 
A fire sprinkler system which complies with NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes, or the current corresponding section of the NFPA as may be amended from time to time; and
[2] 
A fire alarm system which complies with Chapter 11 of NFPA 72, National Fire Alarm and Signaling Code, or the current corresponding section of the NFPA as may be amended from time to time.
(j) 
The group home must comply with the Bridgeport Borough Building Code, and an applicant seeking group home use shall provide with its application evidence that the building size and layout are in compliance with the applicable building codes for maximum number of individuals intended to be housed in the building. To satisfy this requirement, the Zoning Officer may request that an applicant provide a dimensioned floor plan indicating the size of each room, including sleeping rooms, and identifying the maximum number of residents who will occupy each sleeping room, to demonstrate that the group home will not be overcrowded.
(k) 
The group home shall register in writing its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer.
(l) 
Any medical or counseling services shall be limited to a maximum of three nonresidents per day. Any staff meetings shall be limited to a maximum of five persons at one time.
(m) 
A minimum of one off-street parking space shall be provided per on-site employee, plus one space for every two residents with a valid driver's license.
(n) 
An appearance shall be maintained that is closely similar to nearby dwellings, and no sign shall identify the use.
(o) 
The persons living on-site shall function as a common household unit.
(p) 
Inspections. The owner, operator or agent of a group home shall permit inspections thereof by the Code Enforcement Officer annually. If the owner, operator or agent does not permit such inspection by the Code Enforcement Officer, the Borough may seek any appropriate legal or equitable relief to compel access to such property for such inspection.
(q) 
Proof of staff licensure, certification and criminal background clearances.
[1] 
All caretakers, administrators and staff must be duly licensed and/or certified by the Department of Public Welfare, Department of Health and other federal, state or county agency, as may be required for the particular type of care provided and the nature of the employee's responsibilities. Every employee of the group home must have valid criminal background clearances, licensure and/or certification with the issuing agency or agencies while in employed by the group home.
[2] 
The owner, operator or agent of any group home shall provide the Borough with a register of all employees and furnish proof of all required licenses, certifications and criminal background clearances for each employee prior to commencing operation in the Borough. Thereafter, an updated register and proof of licensure, certifications and criminal background clearances shall be provided on at least an annual basis.
[3] 
For every new person employed by the group home, the name of the employee, along with proof of all required licenses, certifications and criminal background clearances, shall be submitted to the Borough prior to the commencement of the employment.
(8) 
Mobile home park. A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more lots, improved with the necessary utility connections and other appurtenances necessary for the placement thereon of mobile homes. A mobile home park is permitted only by conditional use, where such use is permitted. The burden of providing compliance with these standards shall be on the applicant.
(a) 
Maximum permissible density. The maximum permitted residential density shall be eight dwelling units per acre.
(b) 
Distance between mobile home units. The minimum distance between mobile home units shall be 25 feet.
(c) 
Recreation and open space. A minimum of 20% of the total lot area occupied by a mobile home park shall be provided as common open space for use by the residents of the development for active or passive recreation.
[1] 
No less than 25% of this area shall be maintained as open space usable for recreation and leisure activities of residents of the development.
[2] 
No more than 25% of this area may be required buffer area(s).
(d) 
Nonresidential units. No part of a mobile home park shall be used for nonresidential purposes, except such uses that are required for the direct servicing, recreation and well-being of the residents and for the management and maintenance of the park (such as a store, laundromat or office not exceeding 2,000 square feet).
(e) 
Lighting facilities. Lighting facilities shall be required for the safety and convenience of residents. These facilities shall be arranged in a manner which will protect streets and neighboring properties from unreasonable glare or hazardous interference of any kind.
(f) 
Accessory uses and structures customarily incidental to the maintenance, servicing and well-being of mobile home park residents shall be permitted only as part of an approved development plan for the site.
(g) 
Construction. Any mobile home placed on any lot after the adoption of this chapter shall be constructed in accordance with 1976 or later Safety and Construction Standards of the U.S. Department of Housing and Urban Development. (Note: These federal standards supersede any BOCA Code for the actual construction of the home itself.)
(h) 
Each site shall be graded to provide a stable and well-drained area.
(i) 
Each home shall have hitch and wheels removed.
(j) 
Anchoring. A mobile/manufactured home on an individual lot or mobile/manufactured home park shall include a system that secures the home to the ground to prevent shifting, overturning or uneven settling of the home, with a secure base for the tie-downs.
(k) 
Foundation treatment. The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable material that has the appearance of a foundation of a site-built home, such as material with a concrete-type facing. Metal skirting shall only be permitted within a manufactured/mobile home park. Provisions shall be provided as necessary for access to utility connections.
(l) 
The front door of the home shall face onto a public street.
(m) 
The home shall have a roof with a minimum pitch of 3.5:1.
B. 
Commercial uses.
(1) 
Adult use. A building or portion thereof that includes an adult bookstore, adult live entertainment facility, adult movie theater, or similar use where specified sexual activities are performed or where specified anatomical areas are viewed by persons other than the artist and one other person with the consent of the client.
(a) 
No such use shall be located within 500 lineal feet of the lot line of any library, public park, existing dwelling nor 1,000 lineal feet of the lot line of any primary or secondary school, place of worship, day care center or child nursery.
(b) 
Any adult use shall comply with any separate Borough ordinance regulating such uses.
(c) 
A buffer yard with screening meeting § 560-1905D shall be provided between any adult use and any abutting use.
(d) 
No pornographic material, displays or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.
(e) 
No such use shall be used for any purpose that violates any federal, state or municipal law.
(f) 
See § 560-1804, Prohibited signs.
(g) 
The use shall not include the sale or display of "obscene" materials, as defined by state law, as may be amended by applicable court decisions.
(h) 
For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.
(i) 
No use may include live actual or simulated sex acts or any sexual contact between entertainers or between entertainers and customers.
(j) 
Only lawful massages, as defined by state court decisions, shall be performed in a massage parlor.
(k) 
All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except within a permitted lawful "adult live entertainment use."
(l) 
Any application for such use shall state the names and home addresses of all individuals intended to have more than a 5% ownership in such use or in a corporation owning such use and an on-site manager responsible to ensure compliance with this chapter on a daily basis. Such information shall be updated at the beginning of each year in writing to the Zoning Officer.
(m) 
As specific conditions of approval under this chapter, the applicant shall prove compliance with related state laws, as amended. Note: Such laws include, but are not limited to, the Pennsylvania Liquor Code, Act 219 of 1990[2] (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.); Act 207 of 1990[3] (which pertains to obscenity); and Act 120 of 1996[4] (which pertains to adult-oriented establishments and which limits enclosed viewing booths, among other matters).
[2]
Editor's Note: See 47 P.S. § 1-101 et seq.
[3]
Editor's Note: See 18 Pa.C.S.A. § 5903.
[4]
Editor's Note: See 68 Pa.C.S.A. § 5501 et seq.
(2) 
After-hours club. A commercial use that permits the consumption of alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m. and that involves some form of monetary compensation paid by such persons for the alcohol or for the use of the premises, provided the applicant proves compliance with State Act 219 of 1990.
(3) 
Athletic/health club. A building, facility or structure, which, through membership and/or compensation, offers facilities and programs operated by a nongovernmental agency for athletic, health or recreational workout and training, including, but not limited to, gymnasiums, exercise and weight rooms, game courts, locker rooms, jacuzzi and sauna, reduction and tanning salons, weight control programs, classes, group instruction, and accessory pro and health food snack shops:
(a) 
If outdoor courts are provided, they shall comply with approved playing size standards exclusive of any required buffer areas.
(b) 
If outdoor playing courts are provided, a screening buffer is required to surround the playing area, which shall be landscaped according to the standards of this chapter.
(4) 
Bank. A building or portion thereof where the primary use is the processing of credit or monetary transactions, including a savings and loan association, credit union, and other financial establishment.
(a) 
Drive-thru facility may be established as an accessory use to a bank provided that all requirements of the use are met.
(5) 
Brewery/distillery/winery. A facility for the production, packaging and sampling of alcoholic beverages, including beer, wine, cider and distilled liquors, for retail or wholesale distribution, for sale or consumption on- or off-premises, and which produces 100,000 gallons or more of such beverages per year.
(6) 
Car wash. A building, structure or area of land with machine- or hand-operated facilities used principally for the cleaning, detailing, polishing, washing or waxing of motor vehicles:
(a) 
All washing and drying facilities shall be located entirely within an enclosed building or roofed structure, with the exception of manual towel-drying of customers' automobiles by car wash employees.
(b) 
Automatic car washes shall provide sufficient stacking lanes to accommodate a minimum of eight off-street vehicles. Self-service car washes shall provide sufficient stacking lanes to accommodate four vehicles per washing bay.
(c) 
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. On-lot traffic circulation channels and parking areas shall be clearly marked.
(d) 
No less than one trash receptacle per washing lane, in addition to required dumpster, shall be located near the washing or vacuuming area.
(e) 
On-site drainage systems shall be provided to prevent water runoff and freezing on streets and adjoining properties.
(f) 
All water used for cleaning of vehicles shall be collected and recycled and/or treated according to industry standards of the International Car Wash Association.
(g) 
Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
(7) 
Convenience store. A building or portion thereof where retail trade that is not specialized in a particular product occurs. An array of different items, including but not limited to take-out coffee, tobacco and tobacco-related products, dairy products, delicatessen, dry goods, prepared foods for eat-in or carry-out, prepackaged food, grocery items, newspaper items, and similar product lines may be present. A convenience store involving the sale of gasoline shall be regulated as an auto service station. Such use shall be distinct from retail establishment when the following criteria are met:
(a) 
The gross leasable area is less than 10,000 square feet;
(b) 
The facility operates 12 or more hours per day; and
(c) 
The facility is involved in the sale of tobacco products or lottery tickets.
(8) 
Dry cleaners or laundromat. A business specializing in or providing on-site processing for laundry, dry-cleaning, and/or clothes pressing. Self-service (coin or card operated) facilities are included in this category.
(9) 
Event facility. A location, building, site or structure which is used as a place for the purpose of accommodating a group of diners, patrons, guests, or other attendees for functions such as banquets, wedding receptions, parties, entertainment, meetings, conferences, performances, and/or similar gatherings.
(10) 
Firing range. A parcel of land used for the purpose of discharging firearms at fixed and/or moving targets or flying targets. The following standards shall be met:
(a) 
All firing must occur within a completely enclosed sound-resistant building. The applicant shall provide evidence that the noise limits listed in this chapter will be met.
(b) 
All such uses shall have a barrier behind the target area which is of sufficient height and thickness to adequately protect the public safety.
(c) 
All such uses shall comply with any applicable published standards of the National Rifle Association and other applicable federal, state and local regulations.
(d) 
An indoor firing range shall be adequately ventilated and/or air-conditioned to allow the building to remain completely enclosed.
(11) 
Funeral home. A building or portion thereof used for human funeral services or wakes. Such facilities may contain provisions for chapel, embalming, viewing, and other services used in preparation of the deceased, including the storage of caskets, supplies, and funeral vehicles.
(12) 
Hotel/motel. Overnight lodging including hotels, motels, inns, and similar uses where guests may rent a room on a nightly basis for a fee. The following additional standards shall be satisfied:
(a) 
No guest shall stay for more than 30 consecutive days.
(b) 
The owner or manager shall maintain a current guest register.
(c) 
No cooking facilities shall be permitted in guest rooms.
(d) 
If meal service is provided, owners shall comply with all federal, state and local requirements for the preparation, handling and serving of food.
(e) 
Each overnight lodging facility shall be equipped with smoke detectors, fire extinguishers and shall be structured in accordance with requirements of the Pennsylvania Department of Labor and Industry and the Building Code of the Borough of Bridgeport. Guests shall be provided with information regarding the floor plan of the building and the location of emergency exits.
(f) 
A telephone shall be provided in each guest room or, where infeasible, guests shall be provided information on the location of a telephone that is accessible to all guests at any time.
(g) 
All overnight lodging facilities will be licensed annually and shall be inspected annually by the Borough's building inspectors.
(h) 
Accessory uses other than a restaurant located on the ground floor shall be limited in use to paying guests of the hotel.
(13) 
Massage therapy establishment. Any place in the Borough where massage therapy is administered for the payment of a fee or other compensation or consideration, but not including a hospital, nursing home, medical clinic or the office of a physician, surgeon, physical therapist, chiropractor, or osteopath currently licensed as such by the Commonwealth of Pennsylvania, and including barbershops or practices licensed by the Department of Cosmetology, or any athletic program of accredited junior and senior high schools or colleges in which a massage is administered by a trainer within the scope of such athletic program. The following additional standards shall be satisfied:
(a) 
All requirements in Chapter 331, Licenses, Permits and General Business Regulations, Article I, Massage Parlors, shall be met.
(14) 
Medical marijuana dispensary. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health (DOH) to dispense medical marijuana. The term includes the facility from which medical marijuana is dispensed.
(a) 
The facility shall hold a valid permit from the DOH to dispense medical marijuana. A copy of such valid permit and all appropriate documentation shall be submitted to the Borough.
(b) 
The facility shall comply with the requirements for a dispensary under the Medical Marijuana Act[5] and any applicable state regulations promulgated thereunder. Proof of such compliance shall be provided to the Borough.
[5]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(c) 
The facility is only permitted to dispense medical marijuana in an indoor, enclosed, permanent, and secure building, and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(d) 
The facility is not permitted to operate on the same site as a facility used for growing and processing medical marijuana.
(e) 
The facility is not permitted to have a drive-through service.
(f) 
The facility shall have a single, secure public entrance and shall implement appropriate security measures to deter and prevent the theft of medical marijuana and unauthorized entrance into areas containing medical marijuana.
(g) 
Permitted daily hours of operation of a medical marijuana dispensary shall be 8:00 a.m. to 8:00 p.m.
(h) 
The facility is only permitted to dispense medical marijuana to certified patients and medical marijuana caregivers and shall comply with all lawful, applicable state and local health regulations.
(i) 
This use shall comply with the separation requirements set forth in the Medical Marijuana Act. The separation distance shall be measured using a pedestrian route continually accessible to the public, measured from lot line to lot line, regardless of municipality in which it is located.
(j) 
Parking requirements will follow the standards for retail as specified in Article XVII, Off-Street Parking and Loading.
(k) 
Vehicular ingress and egress to and from a medical marijuana dispensary site shall be designed to accommodate the anticipated vehicles used to service the facility.
(15) 
Microbrewery/microdistillery/microwinery. A facility for the production, packaging and sampling of alcoholic beverages, including beer, wine, cider and distilled liquors, for retail or wholesale distribution, for sale or consumption on- or off-premises, and which produces a combined total volume less than 100,000 gallons of such beverages per year. This shall include "nanobreweries."
(16) 
Mixed-use building. A building which contains both residential dwelling unit(s) and at least one nonresidential use. The following additional standards must be satisfied:
(a) 
Dwelling units shall not be located on the ground floor or any mixed-use building. This shall not preclude incidental pedestrian entrances on the ground floor that lead to a dwelling elsewhere in the building.
(b) 
Regardless of the number of residential dwelling units proposed, the use regulations for multifamily building/unit as set forth in § 560-305A(2) shall apply to all mixed-use buildings.
(c) 
Only uses permitted in the respective zoning district may be permitted within mixed-use building.
(17) 
Parking structure. A building or structure designed and used for the parking of motor vehicles open to customers, patrons or tenants of a business or residence, all or parts of which may be above or below ground. Parking structures shall be constructed to the following minimum standards indicated below:
(a) 
On major collector or higher classification highways, it is required that 80% of the facade length at a depth of 40 feet be retail storefronts or other business uses on the street level.
(b) 
For structures not on a major collector or higher classification highway, parking structures shall have a minimum setback of 30 feet from the public right-of-way and shall comply with any more restrictive setback or other yard requirements for the zoning district in which it is located. A minimum twenty-foot-wide planting strip shall be provided between the face of the parking structure and the public right-of-way and shall contain landscaping as required in § 495-63 of Chapter 495, Subdivision and Land Development.
(c) 
Side(s) of a parking garage visible from the street or abutting an adjacent single-family residential district shall be screened to minimize or obscure the visibility of parked cars. Grills, lattice, mock windows, false facades, louvers, or similar treatments may be used.
(d) 
Underground parking structures. Underground parking structures are permitted within any required setback, side yard, and rear yard, on any lot in any nonresidential zoning district, provided no portion of the underground structure extends above grade more than three feet at any point. A parapet or railing may extend above the permitted structure height, provided it is not greater than 36 inches in height; is set back from the property line at least three feet; and has openings equal to at least 50% of its surface along each side. Along any lot line abutting a street, "grade" means the elevation at the center line of the street. Along any lot line not abutting a street, "grade" means ground elevation at the property line. Such structures shall conform to any corner sight distance requirement. An underground parking structure may encroach upon any area set aside for the buffer, screening, or other planting requirements, so long as there is at least four feet of soil between the aboveground surface and the top of the underground parking structure.
(e) 
Parking structures shall be monitored with a commercial security service at all times, provided at the sole expense of the parking structure owner or operator.
(f) 
Underground parking structures are permitted as an accessory use to multifamily building/unit in districts in which it is permitted.
(18) 
Personal care business. A personal care business requires direct, physical contact with the customer in the performance of a personal service. Such uses generally require a license from the Commonwealth Department of Professional Occupations. Personal care businesses may include: barbers, beauticians, nail manicurists, estheticians, tanning salons, and tattoo parlors. See "massage therapy establishment."
(19) 
Professional service business. Such use shall include businesses which typically offer service in conjunction with the sale of goods. Such uses differ from retail or office business in that the customer area is usually separated from the service area, and some form of laboratory, fabrication area or processing area is necessary. Such use includes, but is not limited to, shoe repair shops, household appliance repair shops, tailor, photography studio, copying service, eyeglass labs, and other similar uses, unless otherwise provided for in this chapter. This use does not include auto repair garage.
(20) 
Recreation, indoor. A building or portion thereof providing private or public walk-in or regularly scheduled recreation-oriented activities in an indoor setting. Examples of such facilities include, but are not limited to: arcade, billiard hall, bowling alley, and skating rink.
(21) 
Recreation, outdoor. Land or facilities providing daily or regularly scheduled recreation-oriented activities in an outdoor setting. Examples of such facilities include, but are not limited to: golf course or driving range; and sports or athletic fields and stadiums. Does not include outdoor or drive-in theaters or automobile or animal racing tracks.
(a) 
Any outdoor activity area shall be located no closer to any lot line than the required front yard depth and shall be screened and, if necessary, sound insulation shall be provided to protect the neighborhood from any possible noise.
(b) 
A twenty-foot-wide buffer yard in accordance with § 560-1905 shall be required.
(c) 
A buffer yard with screening meeting §§ 560-1905D and 560-1906 shall be provided between any recreation, outdoor use and any abutting use.
(d) 
Any swimming pool shall meet the requirements for such use, as stated in this article.
(e) 
Lighting, noise and glare control: See Article XVI.
(22) 
Restaurant, dine-in. A building or portion thereof where food and beverages are sold for direct consumption on the premises to persons seated within the building. Customers are normally served by a restaurant employee while seated at the table or counter at which said items are consumed. A dine-in restaurant may include carry-out services, but shall not include establishments where food service is subordinate or incidental to the consumption of alcoholic beverages, entertainment, or to the sale of merchandise or non-food-related services. See also "restaurant, take-out" and "microbrewery/microdistillery/microwinery."
(a) 
Outdoor dining may be established as an accessory use to a dine-in restaurant provided that all requirements of the use are met.
(23) 
Restaurant, take-out. A building or portion thereof where food and beverages are sold primarily in containers for take-out and where the food/beverages are primarily consumed off-site. Customers generally pay for their food/beverage prior to consumption either at a counter or by paying ahead of time via computer/phone. Limited sit-down service may be provided when it is incidental to the take-out function and does not occupy more than 20% of the gross leasable floor area of the use. See also "restaurant, dine-in" and "microbrewery/microdistillery/microwinery."
(a) 
Drive-thru facility may be established as an accessory use to a take-out restaurant provided that all requirements of the use are met.
(b) 
Outdoor dining may be established as an accessory use to a take-out restaurant provided that all requirements of the use are met.
(24) 
Retail establishment. A building or portion thereof involved in the sale, lease, or rental of new or used products, not including vehicle or machinery sales/rental. The following additional standards must be satisfied:
(a) 
There shall be no outdoor display or storage unless permitted by district regulations.
(b) 
The making or selling of cooked food shall not be permitted as an accessory use.
(25) 
Storage facility (self-service). A building, structure or group of buildings and structures consisting of or containing varying sizes of individual, compartmentalized, and controlled access stalls or spaces, for the storage of business, private, or household goods.
(a) 
All storage shall be contained within a permanent building. Temporary storage containers are not permitted.
(26) 
Studio. The workshop and/or gallery of an artist, sculptor, photographer, or performance artist (musician, actor, dancer, etc.). Such use may be open to the public and offer educational events, private lessons, and may include the retail sale of artist work. Such use shall also include a martial arts studio or similar use.
(27) 
Supermarket. A retail store devoted to the sale of food goods and associated household products customarily incidental to food shopping activity. The following additional standards must be satisfied:
(a) 
There shall be no outdoor display or storage unless permitted by district regulations.
(b) 
The making or selling of cooked food shall not be permitted as an accessory use.
(28) 
Tavern/bar/nightclub. Any building or portion thereof wherein alcoholic beverages are served or sold at retail for consumption on the premises, of which the principal business is the sale of such beverages, and where the sale of such beverages comprises at least 75% or more of gross receipts.
(a) 
The facility shall be licensed by the Pennsylvania Liquor Control Board.
(29) 
Theater. Any building or portion thereof that is used primarily for the screening of films or for the viewing of live performances such as dance, dramatic, oratorical, musical, or similar performance art. Theaters generally have a stage or dais that is distinct from the area where the general audience is located; tickets are generally required for entry to events. Such use may include associated offices, ticket windows, and limited food/beverage service when licensed by the appropriate agency.
C. 
Community service, institutional, and utility uses.
(1) 
Cemetery. An area of land used or intended to be used for the burial of the dead, dedicated for such purposes and licensed by the state authority having jurisdiction. The following additional standards must be satisfied:
(a) 
No more than 10% of the area, to a maximum of one acre, may be devoted to accessory buildings not serving as burial markers or memorials.
(b) 
A forty-foot screening or opaque buffer strip, unoccupied except for landscaping and walkways, shall be provided between any building or burial site and the cemetery property line.
(c) 
Any entrance features such as gates or columns shall not exceed 14 feet in height.
(2) 
Conservation/recreation. An area of land which is dedicated or deed-restricted for open space, forest, stream, or wildlife preservation, or for some other general conservation purpose. Such use shall also include a publicly owned or publicly operated recreational facility or park.
(3) 
Day care facility. A day nursery, nursery school, kindergarten, or other agency giving day care to children, senior citizens, or disabled persons. The following additional standards must be satisfied:
(a) 
Registration and licensing. Such use shall have all the required certifications and licenses from the State Department of Human Services (DHS) to operate. In addition, day care facilities shall comply with all applicable DHS regulations including those standards governing adequate indoor space, accessible outdoor play space, and any applicable state or Borough building and fire safety codes.
(b) 
General safety. No portion of a child day care facility shall be located within a 300-foot distance from any potentially hazardous land use or activity which could pose a threat to the safety and welfare of the children, staff, and other occupants at the facility. Hazardous land uses or activities include, but shall not be limited to, gas stations, heavy industrial operations, storage of flammable or high-pressure underground pipelines, truck or rail loading areas, etc.
(c) 
Such a use shall have a minimum lot area of 10,000 square feet and a minimum setback of 10 feet from an abutting residential lot line.
(d) 
Fencing of outdoor play area. In order to physically contain the activity of children in the outdoor play area, there shall be fencing of adequate height (four-foot minimum) and sufficient design to retain children along the perimeter of the outdoor play area. When applicable, the fence may be located along property lines.
(e) 
Minimum separation. A minimum distance of 500 feet is required between any two day care centers.
(f) 
Outdoor play areas of a day care center involving the care of 25 or more children at any one time shall be set back a minimum of 25 feet from the exterior walls of an abutting existing dwelling.
(g) 
In residential districts, any permitted day care use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.
(h) 
The applicant shall prove that the facility will include proper design of drop-off and pickup areas to provide reasonable safety for children. In cases where the existing driveway cannot function as a drop-off area, new on-site drop-off spaces shall be provided.
(4) 
Educational institution. A facility, building, lot, parcel, use, or group of facilities, buildings, and uses that provides a broad educational curriculum to individuals enrolled therein, and is licensed by the State Department of Education, including private and public kindergartens, elementary, junior and senior high schools, colleges, universities, theological schools, and trade schools. The following additional standards must be satisfied:
(a) 
Where abutting the property line of residential use or the boundary of a residential zoning district, a landscaped buffer shall be provided to screen outdoor play or recreation areas from said residential use or districts.
(5) 
Emergency services. A facility, building, lot, parcel, use, or group of facilities, buildings, and uses that provide for ambulance, fire, police, rescue, and other emergency services of a municipal or volunteer nature. May include a supporting social club building or facility. The following additional standards must be satisfied:
(a) 
Emergency service shall have direct access onto a primary or secondary street.
(b) 
The space for parking and maneuvering for volunteers and emergency equipment shall be provided based upon the number or size of the vehicles anticipated. The parking space requirements of Article XVII, Off-Street Parking and Loading, shall apply.
(c) 
All emergency vehicles, except those immediately available for use, shall be stored at all times in a fully enclosed building.
(d) 
Outdoor lighting shall be regulated to eliminate glare on surrounding properties. See § 560-1606.
(e) 
Signage shall be limited to that permitted in the underlying zoning district. See Article XVIII.
(f) 
If located in the R3, INS, or NC Zoning Districts:
[1] 
The building shall be designed in terms of mass and appearance to conform to the area in which it is located.
[2] 
Improvements based upon a traffic study acceptable to Borough Council shall be constructed to ensure safe ingress and egress from the property.
[3] 
No motor repair or body work may be performed at the site. Routine maintenance is permitted and may only be performed within a fully enclosed building.
[4] 
A twenty-foot screening buffer shall be provided if adjacent to the R1 or R2 Zoning Districts. Borough Council may also require fencing if required for public safety or to avoid a public nuisance. Access drives may penetrate this buffer.
(6) 
Government facility. A use owned by a government, government agency or government authority for valid public health, public safety, mail distribution or similar governmental purpose, and which is not owned by Bridgeport Borough. This term shall not include uses listed separately in this section. This term shall not include a prison or a recycling center.
(7) 
Hospital. A use involving the diagnosis, treatment or other medical care of humans that includes, but is not limited to, care requiring stays overnight. For a medical care use that does not involve any stays overnight, see "medical office or clinic." A hospital may involve care and rehabilitation for medical, dental or mental health, but shall not primarily include housing or treatment of the criminally insane or persons actively serving an official sentence after being convicted of a felony. A hospital may also involve medical research and training for health care professionals.
(8) 
Library, museum, or community center. A facility, building, lot, parcel, use, or group of facilities, buildings, and uses that is open to the general public or a subset thereof (e.g., senior citizens) for educational, social or recreational programs and other community uses, and owned and operated by a civic, educational, municipal, philanthropic, religious, or tax-exempt entity.
(9) 
Membership club. A building or portion thereof that houses the headquarters or meeting place of members of a non-profit organization where educational, recreational, civic, social, fraternal, religious, political, or labor union activities take place. Only members of the organization or authorized guests shall attend events at the club. The following additional standards must be satisfied:
(a) 
This use shall not include a firing range, boardinghouse, tavern, restaurant or retail establishment unless that particular use is permitted in that district and the requirements of that use are met.
(b) 
Any active outdoor play areas shall be set back at least 30 feet from any abutting residential lot line.
(10) 
Place of worship. A church, synagogue, temple, mosque, or other place of religious worship, including any accessory use or structure, such as administrative facilities, education or day care facilities or dwelling(s) located on the same lot. The following additional standards must be satisfied:
(a) 
Weekly religious education rooms and meeting rooms are permitted accessory uses, provided that such uses are of such a character and intensity that they would be clearly customary and incidental to the place of worship.
(b) 
A primary or secondary school and/or a day care center are permitted on the same lot as a place of worship, provided that the requirements for such uses are also met.
(c) 
Noncommercial buses used primarily to transport persons to and from religious services or a permitted school on the lot may be parked on the lot.
(d) 
Other uses shall only be permitted if all of the requirements for such uses are also met, including being permitted in the applicable district.
(e) 
Two dwelling units may be accessory to a place of worship on the same lot, provided that they are only used to house full-time religious leaders and their families.
(f) 
If the place of worship is located on a parcel of property in conjunction with an education institution as defined in this article, the minimum lot size shall be five acres and use conditions associated with said use shall also apply.
(11) 
Plant nursery. The outdoor raising of plants, shrubs and trees for sale and transplantation.
(12) 
Residential care facility. A facility in which residents that are elderly, ailing, or recovering from illness/injury reside within rentable rooms or dwelling units and where they have access to skilled medical care and are provided supervision or assistance with activities of daily living. The following additional standards must be satisfied:
(a) 
Such use shall be licensed by the Commonwealth of Pennsylvania for the housing and intermediate or fully skilled nursing care of three or more persons.
(b) 
Leasable dwelling units may contain kitchen facilities and any other facility that a traditional dwelling unit may contain.
(c) 
Any accessory use on the same lot with and customarily incidental to this use is permitted, including any accessory retail, personal care business, office or cafeteria use that is used exclusively by residents, their visitors, or employees.
(d) 
A minimum of 20% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.
(13) 
Substance abuse treatment and rehabilitation facility. Such a use shall include a building, structure, or use in which the treatment of persons for substance abuse or addiction to drugs or alcohol is performed. Included in this definition is the dispensing of an agent in decreasing doses to an individual to alleviate adverse physiological or psychological effects incident to withdrawal from the continuous or sustained use of an opiate and for assisting patients in reaching and maintaining a narcotic drug-free state of detoxification.
(a) 
Such use shall not abut a residential property, school, or child-care facility.
(b) 
Such use shall involve adequate on-site supervision and security measures to protect public safety.
(c) 
If the use involves five or more residents, a suitable on-lot outdoor recreation area shall be provided that is supervised by staff.
(14) 
Swimming pool, non-household. A man-made area with walls of man-made materials intended to enclose water in which the depth exceeds 24 inches for bathing or swimming and that does not meet the definition of a "household swimming pool." The following additional standards must be satisfied:
(a) 
The water surface shall be set back at least 50 feet from any existing dwelling.
(b) 
Minimum lot area: one acre.
(c) 
A buffer yard with screening meeting § 560-1905D shall be provided between any swimming pool, non-household and any abutting use.
(d) 
The water surface shall be surrounded by a secure, well-maintained fence at least six feet in height.
(e) 
Drainage: A proper method shall be provided for drainage of the water from the pool that will not flood other property.
D. 
Office uses.
(1) 
Co-working space. A building or portion thereof containing desks or other workspaces and facilities that involves a shared working environment for people who are usually not employed by the same organization. Co-working sites typically operate on a membership basis, though co-working sites may host classes or events which are open to the public or to prospective members. Common facilities such as a kitchen, meeting rooms, and the like shall be permitted.
(2) 
Office, business/professional. A building or portion thereof consisting of facilities for the conducting of business by employees and which may involve public access or appointment-only customer/client interaction.
(a) 
Such use shall not include the offices of medical or dental professionals, which are defined as "medical office or clinic."
(b) 
Multifamily units are not permitted in office tenant spaces.
(3) 
Medical office or clinic. An office which offers scheduled appointments or walk-in service for the examination, diagnosis and/or treatment of medical or dental concerns for outpatients. Such facilities may include a reception/waiting area, examination rooms, X-ray or other imaging facilities, employee breakrooms, and pharmacy facilities. Patients may remain on the premises overnight when medically necessary.
(4) 
Research facility. A building or portion thereof consisting of facilities wherein the conducting of scientific or medical research, investigation, experimentation or testing takes place. Such facilities shall not include the manufacture, production, or sale of products.
E. 
Industrial uses.
(1) 
Animal care. A business dedicated to the care of dogs, cats, or other common household pet. Such use may include veterinary care and the overnight boarding, breeding, grooming, sale, training, and the like for household pets. The following additional standards must be satisfied:
(a) 
Proof of appropriate licensure shall be provided to the Borough.
(b) 
Minimum lot area: 15,000 square feet.
(c) 
Any structure in which animals are treated or housed shall be a minimum of 50 feet from any residential lot line.
(d) 
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be perceived within any adjacent dwellings.
(e) 
Outdoor enclosures may be provided for small animals for use between 8:00 a.m. and 8:00 p.m., provided the runs are set back at least 150 feet from any existing dwelling and set back a minimum of 100 feet from all lot lines.
(f) 
Although animals may be kept as an accessory use, a commercial kennel shall only be allowed if a kennel is permitted in that district and if the applicable requirements are met.
(2) 
Artisan manufacturing. A business specializing in the manufacture and production of goods created on-site by a craftsperson using hand tools and/or small-scale, light mechanical equipment. Examples of such work include pottery, fiber crafts, sculpture, leathercraft, jewelry, soaps, metalwork, cabinetry, stained glass, textile production, candle-making, and hand-made food products. Artisan manufacturing may also include display and retail sale of such goods produced on site. Artisan manufacturing may also include demonstration of and instruction in the production processes.
(a) 
Artisan manufacturing shall not include any activity that causes noise, odor, or vibration to be detectable on a neighboring property.
(b) 
Artisan manufacturing shall occupy a maximum of 5,000 square feet; any use meeting the standards of artisan manufacturing but which exceeds 5,000 square feet shall be considered manufacturing, processing, and production.
(3) 
Assembly plant. A building, structure, or use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, and distribution of such products, but excluding fundamental industrial processing.
(a) 
All assembly activities shall be contained entirely within a building.
(b) 
Any permitted use under this definition shall comply with all Borough ordinances regarding noise and other nuisances, such as light, heat, smoke, and odor.
(4) 
Auto, boat and/or mobile/manufactured home sales. A business specializing in the retail sale or rental of new or used automobiles, trucks, and the like.
(a) 
This use may involve the sale or rental of one or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles, boats, or transportable mobile/manufactured homes in a livable condition.
(b) 
This use may include an auto repair garage as an accessory use, provided that all requirements of such use are complied with.
(c) 
This use shall not include a mobile/manufactured home park (unless the requirements for that use are also met) or a junkyard.
(d) 
No vehicle, boat or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area.
(e) 
A buffer yard with screening meeting § 560-1905D shall be provided between any auto, boat and/or mobile/manufactured home sales use and any abutting use.
(f) 
See light and glare standards in § 560-1606.
(g) 
See parking requirements in Article XVII.
(h) 
Any mobile/manufactured homes on a sales site shall meet the required principal building setbacks from the perimeter lot lines.
(5) 
Auto repair garage. An area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station."
(a) 
An auto repair garage shall include, but not be limited to, a use that involves any of the following work: major mechanical or bodywork, straightening of body parts, painting, welding or rebuilding of transmissions. Any activity permitted as part of an auto service station is also permitted as part of an auto repair garage.
(b) 
All repair work must be performed within a building.
(c) 
The storage of parts, tires, and fluids must be within an enclosed area.
(d) 
All paint work shall be performed within a building, with a fume collection and ventilation system that directs fumes away from any adjacent dwellings. Outdoor major repairs (such as bodywork and grinding) and outdoor welding shall not occur within 250 feet of a residential lot line.
(e) 
All reasonable efforts shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots. See standards in Article XVI.
(f) 
A buffer yard with screening meeting § 560-1905D shall be provided between any auto repair garage and any abutting use.
(g) 
Outdoor storage of motor vehicles shall not be within any required buffer yard or street right-of-way.
(h) 
Overnight outdoor storage of junk other than permitted junk vehicles shall be prohibited within view of a public street or a dwelling.
(i) 
Any "junk vehicle" (as defined by Article II) shall not be stored for more than 20 days within view of a public street or a dwelling. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.
(j) 
Service bay doors shall not face directly towards an abutting dwelling (not including a dwelling separated from the garage by a street) if another reasonable alternative exits.
(k) 
This use shall not include activity meeting the definition of a "truck stop."
(6) 
Auto service station. An area where gasoline is dispensed into motor vehicles and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections, and sale of pre-packaged propane.
(a) 
A business that maintains an accessory use of providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be an auto service station.
(b) 
This use shall not include activity meeting the definition of a "truck stop."
(c) 
All activities except those to be performed at the fuel or air pumps shall be performed within a building. The use shall not include spray painting.
(d) 
Fuel pumps shall be at least 25 feet from the existing street right-of-way and shall meet side yard principal building setback requirements.
(e) 
Overnight outdoor storage of junk shall be prohibited within view of a public street or dwelling. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.
(f) 
Any junk vehicle (as defined by Article II) shall not be stored more than 20 days within view of a public street or a dwelling. No junk vehicles shall be stored within 20 feet of an existing street right-of-way. No more than six junk vehicles shall be stored on the lot outside of an enclosed building at any point in time.
(g) 
The use may include a convenience store if the requirements for such use are also met.
(7) 
Building supply or lumber yard. A business involved in the retail sale or wholesale of building supplies such as bricks, concrete, lumber, plumbing, roofing materials, doors, windows, and similar products typically purchased for construction and repair of buildings.
(a) 
Outdoor storage and waste disposal may be established as an accessory use to a building supply or lumber yard facility provided that all requirements of the use are met.
(8) 
Communications facility. The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services. Such equipment must comply with the regulations of § 560-1911, Requirements and standards for communications facilities.
(9) 
Contractor's office/storage. A facility, building, lot, parcel, use, or group of facilities, buildings, and uses including offices, workshops, and/or storage of materials for services rendered in the building trades, including carpentry, cement, electric, furniture-making, heating, painting, plumbing, roofing, landscaping, and the like. The following additional standards must be satisfied:
(a) 
All operations, other than deliveries, shall be conducted within a completely enclosed building.
(b) 
No shipping or receiving shall be permitted between the hours of 10:00 p.m. and 7:00 a.m.
(c) 
Outdoor storage and waste disposal may be established as accessory uses to a contractor's office/storage facility provided that all requirements of the use are met.
(10) 
Junkyard. Land or a structure used for the collection, storage, dismantling, processing and/or sale, other than within a completely enclosed building, of material of one or more of the following types: "junk" (see definition in Article II); three or more junk vehicles that are partly or fully visible from an exterior lot line, dwelling and/or public street (this shall not apply to such vehicles allowed to be stored within the requirements for an auto repair garage or auto service station); and one or more mobile/manufactured homes that are not in a habitable condition.
(a) 
Junk stored within a completely enclosed building for business purposes shall be considered a warehouse.
(b) 
A junkyard specifically shall include, but not be limited to, any metal scrap yard or auto salvage yard.
(c) 
Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on site and routinely awaiting pickup.
(d) 
Outdoor storage of junk shall be at least 100 feet from any residential lot line and 50 feet from any other lot line and the existing right-of-way of any public street.
(e) 
The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared driveways shall be provided throughout the entire use to allow access by emergency vehicles. Adequate off-street parking areas shall be provided for customers.
(f) 
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot-wide buffer yard which complies with § 560-1905, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
(11) 
Kennel. An establishment licensed by the commonwealth to operate and house cats, dogs, or other permitted household pets, and where grooming, breeding, boarding, training or selling of animals is conducted for profit:
(a) 
A minimum lot size of 1/2 acre shall be required for interior pens.
(b) 
Interior pens shall be soundproofed so that animal noises will not be heard off-premises.
(c) 
If outdoor boarding of animals, outdoor pens, or animal runways are provided, the minimum lot size shall be one acre.
(d) 
Accessory pens and runways shall be kept a minimum of 200 feet from any property line, and are not to be used for the boarding of animals.
(e) 
Length of stay for any animal shall not exceed two weeks.
(12) 
Manufacturing, processing, and production. A facility, building, lot, parcel, use, or group of facilities, buildings, and uses engaged in the manufacture or assembly of products, parts, or materials. The processing, fabrication, assembly, treatment, packaging, incidental storage, and distribution of such products is included under this use. The following additional standards must be satisfied:
(a) 
All activity must be contained entirely within a building or structure.
(b) 
All use permits shall be accompanied by an application signed by a registered architect or engineer certifying that no dust, vibration, odors, or fumes will be detectable at the property line.
(c) 
The following uses and activities are specifically prohibited:
[1] 
Abattoir, meat-packing, tanning, curing or storage of leather, rawhides or skins; manufacture or processing of fertilizer, wood pulp, disinfectants, or soap.
[2] 
Lime kilns, flour mills, manufacture of cement.
[3] 
Foundries, manufacture or processing of asphalt.
[4] 
Incineration, reduction, distillation, storage, or dumping of slaughterhouse refuse, rancid fats, garbage, dead animals, or offal (other than within an approved solid waste facility).
[5] 
Any other use which is determined by the Borough Council and the Borough Engineer as noxious or offensive by reason of odor, dust, fumes, smoke, gas, vibration, illumination or noise, or which may be dangerous to the public health, welfare or safety.
(13) 
Medical marijuana grower/processor. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the department under this act to grow and process medical marijuana, subject to the following express standards and criteria:
(a) 
The facility shall hold a valid permit from the Department of Health to grow and process medical marijuana. A copy of such valid permit and all appropriate documentation shall be submitted to the Borough.
(b) 
The facility shall comply with the requirements for a grower/processer under the Medical Marijuana Act[6] and any applicable state regulations promulgated thereunder. Proof of such compliance shall be provided to the Borough.
[6]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(14) 
Mineral extraction. The removal from the surface or beneath the surface of the land of bulk mineral resources using significant machinery. This use also includes accessory stockpiling and processing of mineral resources. "Mineral extraction" includes but is not limited to the extraction of sand, gravel, topsoil, limestone, sandstone, oil, coal, clay, shale and iron ore. The routine movement of and replacement of topsoil during construction shall not by itself be considered to be mineral extraction.
(a) 
Application requirements. A copy of all site plan information that will be required by the Pennsylvania Department of Environmental Protection shall also be submitted to the Borough as part of the zoning application.
(b) 
A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted.
(c) 
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.
(d) 
A seventy-five-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 250 feet of an area of excavation. This yard shall include an earth berm with a minimum average height of six feet and an average of one shade tree for each 50 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence.
(e) 
The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not part of the mineral extraction use:
[1] 
One hundred feet from the existing right-of-way of public streets and from all exterior lot lines of the property;
[2] 
One hundred fifty feet from a commercial or industrial building, unless released by the owner thereof;
[3] 
Two hundred fifty feet from a residential lot line, other than an abandoned dwelling; and
[4] 
One hundred fifty feet from the lot line of a publicly owned recreation area that existed at time of the application for the use or expansion.
(f) 
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.
(g) 
Truck access to the use shall be located to reasonably minimize hazards on public streets and dust and noise nuisances to residences.
(h) 
Fencing. Borough Council may require secure fencing in locations where needed to protect public safety. As an alternative, Borough Council may approve the use of thorny vegetation to discourage public access. Also, warning signs shall be placed at intervals of not less than 100 feet around the outer edge of the use.
(i) 
Noise. See Chapter 353.
(j) 
County Conservation District. A soil erosion and sedimentation plan shall be prepared by the applicant and found to be acceptable to the County Conservation District.
(k) 
Hours of operation. Borough Council, as a condition of 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.
(l) 
The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents.
(15) 
Recycling center. A use involving the bulk commercial collection, separation and/or processing of types of waste materials found in the typical household or office for some productive reuse, but which does not involve the actual processing or recycling of hazardous or toxic substances, and which does not primarily involve the processing of nonrecycled solid waste unless the use also meets the applicable requirements for a solid waste transfer facility. This definition shall not include a junkyard.
(a) 
All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.
(b) 
Adequate provision shall be made for movement of trucks if needed and for off-street parking.
(c) 
A buffer yard with screening meeting § 560-1905D shall be provided between any recycling center use and any abutting dwelling.
(d) 
This use may be a principal or accessory use, including being an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a Borough-owned use, subject to the limitations of this section.
(e) 
Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum and glass. No garbage shall be stored as part of the use, except for that generated on site and that accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on site.
(f) 
The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or landfilling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard.
(g) 
The use shall not include the collection or processing of pieces of metal that have a weight greater than 50 pounds, except within an industrial district.
(h) 
The use shall include the storage of a maximum of 50 tons of materials on the site if the use is within a residential district and within 500 feet of an existing dwelling.
(16) 
Solid waste transfer facility. A type of solid waste disposal facility which receives and temporarily stores solid waste at a location other than the generation site, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal, and which may or may not involve the separation of recyclables from solid waste.
(a) 
All solid waste processing and storage shall be kept a minimum of 150 feet from all of the following features: public street right-of-way, exterior lot line or creek or river.
(b) 
All solid waste processing and storage shall be kept a minimum of 300 feet from any dwelling that the operator of the facility does not own.
(c) 
The use shall have adequate access for fire-fighting purposes, and will not routinely create noxious odors detectable off of the site.
(d) 
The use shall not include any waste incineration or burning, except for state-approved indoor incineration.
(e) 
All solid waste processing and storage shall occur within enclosed buildings or enclosed containers. All unloading and loading of solid waste shall occur within an enclosed building and over an impervious surface that drains to a holding tank that is adequately treated.
(f) 
The use shall be surrounded by a secure fence and gates with a minimum height of eight feet.
(g) 
The use shall have a minimum lot area of five acres, which may include land extending into another municipality.
(h) 
The use shall be operated in a manner that prevents the attraction, harborage or breeding of insects, rodents or other vectors.
(i) 
An attendant shall be on duty during all times of operation and unloading.
(j) 
The hours of operation shall be limited to between 8:00 a.m. and 6:00 p.m., and no solid waste operations shall occur on Saturday and Sunday.
(k) 
No radioactive, chemotherapeutic, infectious or toxic materials shall be permitted on site.
(l) 
No exterior storage of trash dumpsters, receptacles, containers or trash vehicles shall be permitted, regardless of whether such are filled or empty.
(m) 
No storage of processed or raw waste shall be permitted for a period in excess of 48 hours.
(n) 
All vehicles delivering or removing materials shall be completely enclosed or covered when arriving at or departing from the facility.
(o) 
Trucks and trailers delivering solid waste to the facility or removing materials from the facility or returning after a delivery shall not utilize Borough-owned streets or alleys.
(17) 
Warehouse. A facility, building, lot, parcel, use, or group of facilities, buildings, and uses engaged in the storage, wholesale, and/or distribution of manufactured equipment, goods, materials, products, or supplies. The bulk storage of chemicals and materials that are explosive, inflammable or hazardous is strictly prohibited.
(a) 
A buffer yard with screening meeting § 560-1905D shall be provided between any warehouse use and any abutting use.
(18) 
Wholesale sales. The sale of goods in large amounts to retailers or supply companies, rather than to consumers directly.
(19) 
Other uses not expressly permitted. Any one individual use not specifically prohibited that complies with Article XIX, General Regulations, and all other applicable sections of this chapter.
F. 
Accessory uses.
(1) 
Accessory structure, residential. A building or structure erected for the private use of the owner or occupant of a single-family dwelling unit, which is situated on the same lot as the residence, and used for common household purposes, storage or vehicular parking, including but not limited to a detached garage, storage shed, gazebo, deck, barn, private greenhouse, carport, or shelter for pets. Residential swing sets shall not be considered structures. The following additional regulations must be satisfied:
(a) 
All residential accessory structures shall require a zoning permit.
(b) 
The total ground floor area of all accessory structures on any one lot shall not exceed 1,000 square feet.
(c) 
Setbacks:
[1] 
No accessory structure may be erected or placed within the required front yard setback or between the front facade of the primary building and the right-of-way, whichever is greater.
[2] 
A residential accessory structure shall be required to meet the principal building setbacks for the district in which it is located.
(d) 
Residential accessory structures may not be occupied or contain bedrooms or kitchens.
(2) 
Accessory structure, nonresidential. A building or structure erected for uses customarily incidental to a nonresidential use permitted in nonresidential zoning districts and legally established as a principal use of the premises. The following additional regulations must be satisfied:
(a) 
A trailer, freezer, or shipping container, whether or not removed from its wheels, shall not be used as an accessory building.
(b) 
An accessory building shall not be used to establish a new or unrelated use on the premises.
(c) 
An accessory building or structure shall not be located closer than 15 feet from any other building or property line and shall not be located within the front yard area.
(3) 
Bed-and-breakfast home. A home occupation that offers up to four rooms for rent by paying guests on an overnight basis for periods not to exceed 14 days. A bed-and-breakfast home is permitted only as accessory to an owner-occupied single-family detached dwelling. The following additional regulations must be satisfied:
(a) 
A bed-and-breakfast home is allowable only in a building originally constructed as a single-family detached dwelling.
(b) 
A bed-and-breakfast home shall not have more than four guest rooms.
(c) 
One off-street parking space for each guest bedroom shall be provided in a side or rear yard, in addition to any other required parking. There shall be no parking allowed in the front yard.
(d) 
Meal service for guests is limited to breakfast and shall not include the sale of alcoholic beverages. Owners shall comply with all federal, state and local requirements for the preparation, handling and serving of food.
(e) 
Owner shall maintain a current guest register.
(f) 
Any modifications, additions, alternations, fire escapes, etc., are allowed only to the side and rear of the structure. The structure's facade shall be maintained to appear as a single-family dwelling.
(g) 
Each bed-and-breakfast facility shall be equipped with smoke detectors and fire extinguishers in accordance with the requirements of the Pennsylvania Department of Labor and Industry and with the Borough Property Maintenance Code.[7] Guests shall be provided with information regarding the floor plan of the building and the location of emergency exits.
[7]
Editor's Note: See Ch. 405, Property Maintenance.
(h) 
A telephone shall be provided in each guest room or, where infeasible, guests shall be provided information on the location of a telephone that is accessible to all guests at any time.
(i) 
No cooking is allowed in guest rooms.
(j) 
All bed-and-breakfast homes must be licensed by the Borough, with the license to be renewed each year.
(k) 
All bed-and-breakfast homes will be inspected yearly by the Borough's building inspectors.
(l) 
As a home occupation, no outside employees are permitted.
(m) 
A bed-and-breakfast use shall not be permitted on a lot with an area less than 10,000 square feet.
(4) 
Commercial vehicle parking. The parking of pickup trucks, panel trucks, vans and similar vehicles over 3/4 tons capacity on lots or parcels, whether containing advertising or not, which are associated with or instrumental to the operation of a business. Flatbed, truck, semi- and tractor trailers designed, intended, arranged or used for hauling or transporting goods, property or equipment shall be included in this definition. Commercial vehicle parking is permitted in all districts if the following additional regulations are satisfied:
(a) 
A maximum of one commercial vehicle may be parked off-street on a residential district property, provided it is kept in a garage, carport, or in a legal parking space. Parking of commercial vehicles on grass or other unfinished surfaces shall not be permitted.
(b) 
Commercial vehicles cannot be parked in any restricted yard setback.
(c) 
Commercial vehicle parking shall be screened from view from a street, alley, or abutting residential property.
(d) 
Commercial vehicles greater than 25 feet in length shall not be parked in residential zoning districts.
(5) 
Communications antenna/tower. A structure used for transmitting or retransmitting electronic signals, and the nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services. Communications antennas shall include, but are not limited to, antennas used for cellular telephone communications. Such equipment must comply with the regulations of § 560-1911, Requirements and standards for communications facilities.
(6) 
Daycare home, family or group. A facility located in a single-family detached dwelling or in a dwelling unit other than the child's own home where the child care areas are being used as a family residence, operated for profit or not for profit, in which child day care is provided to children who are not relatives of the caregiver. Includes both family day care (six or fewer children) and group day care (more than six children but fewer than 12). The following additional regulations must be satisfied:
(a) 
Categories included. The provisions of this section pertain to day care service for children by caregivers in family and group day care homes, subject to regulations of the Pennsylvania Department of Human Services (DHS). Day care service for children shall include out-of-home child day care service for part of a twenty-four-hour day for children under 16 years of age by caregivers, excluding care provided by relatives. Day care service for children shall not include babysitting or day care furnished in places of worship during religious services.
(b) 
Registration and licensing. Such use shall have all the required certifications and licenses from the DHS to operate. In addition, day care facilities shall comply with all applicable DHS regulations including those standards governing adequate indoor space, accessible outdoor play space, and any applicable state or Borough building and fire safety codes.
(c) 
General safety. No portion of a child day care facility shall be located within a 300-foot distance from any potentially hazardous land use or activity which could pose a threat to the safety and welfare of the children, staff, and other occupants at the facility. Hazardous land uses or activities include, but shall not be limited to, gas stations, heavy industrial operations, storage of flammable or high-pressure underground pipelines, truck or rail loading areas, etc.
(d) 
Outdoor play area. An outdoor play area, as required by DHS regulations, shall be provided for any proposed child day care facility.
[1] 
On-site outdoor play area. An on-site outdoor structured play area or areas of high outdoor activity shall be located within yard setback areas which provide adequate separation, safety, and protection from adjoining uses, properties, and roadways. Whenever possible, the on-site outdoor play area shall not be located in the front yard. The outdoor play area should be located immediately adjacent to the child care facility.
[a] 
No play structure shall be located less than 10 feet from any property line.
[b] 
In order to physically contain the activity of children in the outdoor play area, a minimum four-foot-high fence shall be erected along the perimeter of the outdoor play area. When applicable, the fence shall be located along property lines. Natural or physical barriers, such as hedgerows, walls, or dense vegetation may be used in place of fencing so long as such barriers functionally restrict children from unsafe areas.
[2] 
Off-site outdoor play area. In accordance with DHS standards, a child day care facility may utilize off-site play areas in lieu of or as a supplement to an on-site play area. These standards permit the use of off-site play areas which are located within a 1/2-mile distance of the facility, measured from the property line of the facility. The route to the play area shall not involve the crossing of primary arterial or collector streets. Pedestrian access on sidewalks or improved walkways shall be required.
[3] 
Hours of outside play. Outside play shall be limited to the hours between 8:00 a.m. and sunset, as defined by the National Weather Service.
(e) 
Altering exterior of residential structures. Any addition or improvement to an existing residential structure or property for purposes of child day care shall preserve its residential character. The scale, bulk, height, and roof pitch of any addition and the building materials used shall be compatible with the existing structure.
(f) 
Drop-off area. A drop-off area shall be provided with sufficient area to allow the temporary parking of two vehicles. An existing driveway may be used for the drop-off area if it can be demonstrated that there is sufficient space available in the driveway, which is not otherwise occupied or committed, to safely accommodate two parked vehicles. If a driveway is used for the drop-off area and the proposed use fronts a primary arterial, collector, or feeder street, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a drop-off area, two new on-site drop-off spaces shall be provided.
(g) 
Hours of operation. The hours of operation shall be limited to the hours between 6:30 a.m. and 8:00 p.m.
(h) 
Minimum separation distance. In order to avoid a concentration of individual group day care homes in residential neighborhoods, group day care homes shall be located a minimum of 300 feet from each other as measured from the respective property lines. No such separation shall be required for in nonresidential zoning districts.
(i) 
Minimum lot size. The minimum lot size for group day care homes shall be 10,000 square feet or the minimum required by the underlying zoning district, whichever is greater.
(7) 
Drive-through facilities. A building, design, facility, or structure, or portion thereof, from which a business, product or service is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during the transaction. The following additional regulations must be satisfied:
(a) 
A minimum of five automobile waiting spaces are provided for each drive-in lane. These spaces shall not interfere with parking spaces, loading, unloading, or the internal circulation of the site.
(b) 
Ingress to the drive-in-facility must occur from an aisleway within the interior circulation of the lot, and not directly from a public roadway.
(c) 
Egress from the drive-in facility shall not occur within 15 feet from a pedestrian entrance or exitway to the building.
(d) 
A clearly marked crosswalk shall be provided that connects the building entryway(s) to the parking lot situated perpendicular to the drive-through stacking lane that, in addition to paint, is in a physical form sufficient to alert drivers of potential pedestrian/vehicle conflicts.
(e) 
A drive-through facility shall not be located within the front yard area.
(8) 
Fences, walls, and berms. Any constructed barrier or structure of any material or combination of materials, erected to enclose or screen areas of land which may be located within the yard requirement of the zoning district. Fences, walls, and berms are permitted in all zoning districts if the following additional regulations are satisfied:
(a) 
Fences, walls and earth berms are permitted by right in all districts. Any fence or wall shall be durably constructed and well-maintained. Any earth berm shall be landscaped. Fences or walls that have deteriorated shall be replaced or removed.
(b) 
Fences or walls may not be erected within a floodplain area, swale, or other watercourse system that impedes the flow of stormwater from the site or that of an adjoining property.
(c) 
Fences.
[1] 
Front yard. Any fence located in the required front yard of a lot in the NC Neighborhood Commercial District or a residential district shall:
[a] 
Be an open-type of fence (such as picket or split rail) with a minimum ratio of 1:1 of open-to-structural areas;
[b] 
Not exceed four feet in height.
[2] 
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.
[3] 
Height. A maximum height of 12 feet shall apply to a fence that is not within a residential district, except in the required front yard of the NC District. A fence in a residential district (except within a required front yard) shall have a maximum height of six feet, except:
[a] 
A maximum of height of 12 feet shall be permitted around an electric substation and similar hazardous facilities.
[4] 
No fence shall be built within an existing street right-of-way, except that the Borough may permit a fence to intrude up to five feet into a Borough right-of-way if the owner enters into a legally binding agreement that requires the fence to be moved out of the right-of-way if deemed necessary by the Borough in the future. A fence of a dwelling may be constructed without a setback from a lot line in a residential district.
[5] 
Barbed wire, electrically charged, or other wire fences shall not be used around dwellings. Chain link fencing is permitted. No fence or wall shall be constructed out of fabric, junk, junk vehicles, appliances, tanks or barrels.
[6] 
The term "wall" does not include engineering retaining walls, which are permitted uses as needed in all districts.
(d) 
Walls.
[1] 
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, with approval of the Borough under the Building Code.
[2] 
No wall of greater than three feet in height shall be located in the required front yard in a residential district, except as a backing for a permitted sign as permitted in § 560-1807A.
[3] 
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 and six feet if it is not.
[4] 
Walls that are attached to a building shall be regulated as a part of that building. A fence shall not be erected in, or interfere with, the sight triangle for vehicular traffic.
(e) 
A fence may not be erected within a floodplain area, swale, or other watercourse system that impedes the flow of stormwater from the site or that of an adjoining property.
(9) 
Garage sale. The accessory use of a residential lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character. The following additional regulations must be satisfied:
(a) 
A maximum of four garage sales shall be permitted per residential property per calendar year. A multiday sale counts as one.
(b) 
No garage sales shall be permitted at residential properties which have had a previous garage sale during the previous 60 days.
(c) 
Garage sales shall last a maximum of three consecutive days.
(d) 
Garage sales shall only be conducted between sunrise and sunset of any given day.
(e) 
Only household articles and personal possessions incidentally accumulated by the owner or occupant of the residence shall be sold at garage sales. No sale of food, beverages, titled personal property such as cars and boats, new or other merchandise offered for resale, articles or possessions brought to the premises by nonresidents of the property or industrial or commercial equipment shall be permitted at garage sales. Groups of neighbors within a block may combine their belongings into one garage sale, provided that all participating neighbors are listed on the application.
(10) 
Home occupation. A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building. The following additional regulations must be satisfied:
(a) 
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.
(b) 
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.
(c) 
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.
(d) 
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.
(e) 
The use shall not require delivery by tractor-trailer trucks.
(f) 
A maximum of one truck related to the home occupation shall be parked overnight on the lot or on an adjacent street. Such truck shall not exceed 12,000 pounds aggregate gross vehicle weight. No excavating equipment shall be permitted to be parked overnight on the lot or on an adjacent street. See the separate Borough ordinance regulating truck parking.
(g) 
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.
(h) 
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.
(i) 
Any tutoring or instruction shall be limited to a maximum of two students at a time.
(j) 
A barber or beauty shop shall not include any nonresident employees.
(k) 
The main office of a medical doctor, chiropractor or dentist shall need special exception approval as a general home occupation. The Zoning Hearing Board may require additional off-street parking for such use.
(l) 
A general home occupation may include one two-square-foot nonilluminated sign as permitted by Article XVIII. A light home occupation shall not include any sign.
(m) 
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.
(n) 
The Zoning Hearing Board may also permit up to three nonresident employees as a special exception if the Board, after considering the above criteria, determines that the property is especially well-suited to a more intense use.
(o) 
The use shall not involve manufacturing, other than of custom crafts and sewing. The use shall not involve commercial repair of motor vehicles.
(p) 
The use may include sales using telephone, mail order or electronic methods. On-site retail sales shall only be permitted within a general home occupation and if specifically approved as part of a special exception approval. Such retail sales shall be limited to sales that are clearly accessory to an approved barbershop or similar on-site service.
(q) 
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.
(r) 
A zoning permit shall be required for any home occupation.
(11) 
Keeping of pets. A pet is a privately owned companion animal that is kept in the home for pleasure rather than for commercial purposes (not intended for research or resale). A household pet includes the following animal groups only: dogs, cats, birds, ferrets, fish, hedgehogs, rabbits, rodents, reptiles and amphibians. Nothing herein shall prohibit the keeping of an emotional support animal, Seeing Eye dog, service animal, or medically supportive animal.
(12) 
Livestock. The keeping of animals other than domesticated pets and fowl/poultry shall be limited to lots of at least one acre in size and shall be limited to two heads of livestock per acre, with the exception of horses, which shall be limited to one horse per acre. Riding academies, livery or boarding stables, and commercial kennels are not included in this provision.
(a) 
Any livestock shall be kept on property controlled by the operator of the livestock use, with proper confinement measures as necessary.
(b) 
Any structure, other than the inside of a dwelling, used for the keeping of six or more animals over the age of four months shall be set back a minimum of 100 feet from the lot line of any existing dwelling.
(c) 
The applicant shall submit a written plan for the sanitary management of animal wastes. Animal wastes shall be properly managed to prevent health hazards, pollution of waterways and odor, insect and rodent nuisances to other properties.
(13) 
Mobile food vending. Vending, serving, or offering for sale food and/or beverages from a mobile food vending unit. The following requirements shall be satisfied:
(a) 
Permits.
[1] 
It is unlawful for any person to operate within the Borough a mobile food unit, as defined in this chapter, without having obtained a permit or that purpose.
[2] 
No person shall then sell or offer food products at any location until the vendor for said mobile food unit has been duly licensed.
[3] 
All permits shall be prominently displayed on the mobile food unit or mobile food truck.
[4] 
Mobile food units and mobile food trucks operating for three consecutive days or less on the same property under a public assembly permit issued by the Borough are exempt from the permit requirement.
[5] 
Mobile food units and mobile food trucks operating at or on a Borough park or recreation area with the written permission of the Borough Manager or her/his designee are exempt from the permit requirement.
[6] 
Permits shall be issued for a period of time not to exceed six months. Permits are required to be renewed prior to the expiration date.
(b) 
Mobile food vendors are responsible for providing receptacles for trash within five feet of their operation.
(c) 
A mobile food vendor may not operate within 15 feet of a fire hydrant.
(d) 
A mobile food vending unit shall be located so the unit and those waiting for service will not interfere or block in any way vehicular or pedestrian access to the property, the right-of-way, or public sidewalks. The mobile food unit may be located in a parking space as long as no other parking spaces are blocked.
(e) 
All sales by mobile food vendors shall cease to operate no later than 2:30 a.m. each day. Mobile food units shall be removed from public property no later than 2:45 a.m. each day.
(14) 
No-impact home-based business. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client, or patient traffic, whether vehicular or pedestrian, pickup, delivery, or removal functions to and from the premises, in excess of those normally associated with residential use. The business or commercial activity shall satisfy the following requirements:
(a) 
The business activity shall be compatible with the residential use of the property and the surrounding residential uses.
(b) 
The business shall employ no employees other than family members residing in the dwelling.
(c) 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(d) 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs, or lights.
(e) 
The business activity shall not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(f) 
The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(g) 
The business activity shall be conducted only within the dwelling and shall not occupy more than 25% of the habitable floor area.
(h) 
The business shall not involve any illegal activity.
(i) 
The business shall be registered with the Borough Finance Department.
(15) 
Outdoor dining. Outdoor dining shall be permitted as an accessory use on the same premises as a licensed food establishment (restaurant) that has indoor seating.
(a) 
To ensure quality standards for customers and food safety, the following provisions shall apply:
[1] 
All outdoor dining areas shall be subject to compliance with all applicable health, building, accessibility, fire, and plumbing codes of Borough of Bridgeport.
[2] 
Areas for outdoor dining shall not interfere with any means of ingress or egress to a building, or with any emergency or safety exits. Where the dining area extends into a public sidewalk or right-of-way, the following shall apply: A minimum sidewalk width, exclusive of the outdoor dining area, of 48 inches shall be maintained free and clear at all times for pedestrians (unless a greater width is required by the building and/or accessibility codes). Such area shall not include the outdoor dining area and shall be free of surface obstacles and obstructions (i.e., hydrants, streetlights, parking meters, and street trees).
[3] 
Pedestrian barriers. Outdoor dining areas that serve alcohol must be enclosed and separated from the pedestrian or travel way to allow for the privacy of the dining patron and to permit the unimpeded flow of traffic. Outdoor dining areas that do not serve alcohol may be enclosed and separated from the pedestrian or travel way to allow for the privacy of the dining patron and to permit the unimpeded flow of traffic. When the dining area is located within the interior of the property, enclosures may consist of a wall or fence approved by the Borough. The following minimum standards shall apply if the establishment chooses to use a barrier:
[a] 
Pedestrian barriers shall have sufficient weight to prevent them from being tipped or knocked over.
[b] 
If the pedestrian barrier is to be permanent, the method of attachment shall be subject to approval by the Borough. No barrier shall be permanently attached to a public sidewalk or an area located within the right-of-way.
[c] 
Pedestrian barriers shall be at least 36 inches high to prevent a tripping hazard unless more restrictive requirements are required by other municipal codes.
[d] 
Where pedestrian access to an outdoor dining area is not through a food establishment, the required opening shall not be less than 44 inches in width unless a greater width is required by other municipal codes.
[e] 
Pedestrian barriers shall be made of durable wood or durable metal, such as wrought iron.
[f] 
Pedestrian barriers shall not have legs or supports that protrude into a sidewalk more than two inches.
[g] 
Prohibited barriers.
[i] 
Fabric inserts (whether natural or synthetic fabric) of any size shall not be permitted to be used as part of a barrier.
[ii] 
The use of chain link, cyclone fencing, chicken wire or similar appurtenances is prohibited. Materials not specifically manufactured for fencing or pedestrian control (including but not limited to buckets, food containers, tires, tree stumps, vehicle parts, pallets, etc.) and not expressly permitted elsewhere in these guidelines shall not be used as components of a barrier.
[4] 
Furniture. To ensure outdoor dining in a quality environment, furniture shall be limited to the following materials:
[a] 
Iron, cast: low-carbon iron, hand- or machine-cast parts, stainless steel connectors, hand ground to a smooth finish.
[b] 
Iron, wrought: heavy-gauge, low-carbon, welded and finished with a hard abrasive paint.
[c] 
Steel, expanded: minimum of 13-gauge cold-rolled steel, low-carbon, welded and finished with a hard abrasive paint.
[d] 
Steel, wire: 13-/14-gauge cold-welded, smooth ground joints, and abrasive-resistant finish.
[e] 
Aluminum, cast.
[f] 
Aluminum, extruded.
[g] 
Wood, frame.
[h] 
Wood, wicker.
[i] 
The use of plastic furniture to satisfy the requirements of this subsection shall be prohibited unless the plastic material is durable and of sufficient weight such that the furniture cannot blow away from wind and storms.
[j] 
The use of tarps or similar coverings to cover the furniture when not in use shall be prohibited.
[5] 
Roof coverings. All outdoor dining areas shall have an approved umbrella, awning, or roof material available for patrons. The following shall apply:
[a] 
No third-party advertising shall be permitted.
[b] 
Flame-resistant material shall be used.
[c] 
If awnings are used, they shall be a minimum of six feet eight inches in height above the sidewalk or patio surface.
[d] 
If umbrellas are used, they shall be a minimum of six feet eight inches in height above the sidewalk or patio surface and adequately weighted with a minimum base of not less than 60 pounds.
[e] 
Tents shall not be permitted over an outdoor dining area.
[6] 
Signs. No signs advertising outdoor dining shall be permitted unless approved pursuant to this chapter.
[7] 
Parking. In addition to the parking requirements for the principal restaurant use, outdoor dining shall provide additional parking in accordance with the following:
Number of Outdoor Seats
Required Number of Parking Spaces
1 to 12
None
13 to 24
1 space per 6 seats after the first 12 seats
25 to 40
1 space per 4 seats after the first 24 seats
[8] 
The number of outdoor dining seats shall be limited to a maximum of 25% of the total number of indoor seats in the associated principal restaurant use. However, at no point shall more than 40 outdoor dining seats be provided at any one restaurant.
[9] 
Outdoor dining shall be permitted between April 1 and November 30. Hours of operation shall be from 8:00 a.m. to 10:00 p.m. (Sunday through Thursday) and 8:00 a.m. to 11:00 p.m. (Friday and Saturday). All seating of patrons shall provide for the dining area to close at the required hour.
[10] 
Setbacks.
[a] 
Outdoor dining shall be permitted in the front, side, and rear yards of the property upon which the principal restaurant is located, unless otherwise regulated below.
[b] 
No outdoor dining area shall be established within 75 feet of the property line of a single-family or two-family detached or semidetached dwelling unit located completely or partially within a residential zoning district.
[c] 
Outdoor dining areas shall not be permitted to the rear or on either side of a principal restaurant building when said building is immediately adjacent to an existing single-family or two-family detached or semidetached dwelling unit or residentially zoned district. However, the outdoor dining area can be located to the rear or side of the principal restaurant building when the outdoor dining area is more than 250 feet from the property line of the immediately adjacent single-family or two-family detached or semidetached dwelling unit or residentially zoned district.
[d] 
For the purposes of this Subsection D(14)(a)[10], the setbacks and requirements set forth in Subsection D(14)(a)[10][b] and [c] above shall not apply to any properties, dwelling units, or residential zoning districts separated from the accessory outdoor dining use by a public road. For the purposes of this subsection, paper alleys and alleys shall not be considered public roads.
[11] 
Outdoor dining areas shall be located on a permanent surface. Temporary flooring shall not be used.
[12] 
Exterior heating systems. When heaters are used in an outdoor dining area, the following shall apply:
[a] 
The use of outdoor heaters shall be in compliance with the International Fire Code, as amended.
[b] 
Heaters shall not be located on a public sidewalk or within a public right-of-way.
[c] 
Heaters shall not be located closer than 10 feet to a means of ingress/egress into and/or out of a building or into and/or out of an outdoor dining area.
[d] 
When heaters are located in outdoor dining areas, the owner/operator of the restaurant shall provide a plan for fire protection in accordance with applicable codes. Said plan shall be approved by the Borough's Code Officials.
[e] 
Where applicable, heaters shall be securely fastened to a wall or the floor of the outdoor dining area to prevent the heater from accidentally tipping over. Said fastening shall be subject to review and approval by the Borough's Code Officials.
[f] 
All gas-fired heaters shall be equipped with safety shutoff valves that stop gas flow if flame is extinguished as well as a tip-over safety switch.
[13] 
Outdoor dining areas shall provide additional outdoor trash receptacles, which must meet the material requirements of § 560-305F(15)(a)(4) above.
[14] 
The sale of alcoholic beverages shall be incidental to the sale and consumption of food. Outside bar service and/or walk-up bar service for the sole purpose of the consumption of alcohol without the consumption of food is prohibited.
[15] 
Pets are not permitted in the outdoor dining area unless otherwise expressly allowed by law.
[16] 
Tables, chairs and other furnishings or accessories may not be left in place overnight but shall be removed from the sidewalk during nonbusiness hours or stored neatly so as not to impede pedestrian travel.
[17] 
No table, chair, or other furnishing or accessories used in connection with outdoor dining may be attached, chained, or in any manner affixed to any tree, post, sign, or other Borough-owned fixture.
[18] 
Seating and tables for outdoor dining on the public sidewalk shall be at the same elevation as the public sidewalk. Paint, carpeting, artificial turf, platforms, or other surfaces of any kind shall not be permitted at any time on any public sidewalk. The outdoor dining or its operations shall not damage, stain, or discolor any part of the sidewalk or public right-of-way.
(b) 
Outdoor dining shall be permitted as part of an accessory cafeteria, provided that the outdoor dining area is used exclusively by the occupants of the building or campus.
(c) 
Storage of materials. At the conclusion of any outdoor dining season, all portable equipment (i.e., barriers, furniture, roof coverings, etc.) shall be stored within the facility in a location that does not interfere with the operation of the food establishment, or shall be stored off site.
(d) 
Outdoor dining permit. To ensure compliance with safety and food code standards of the Borough, the following regulations shall govern the issuance of all outdoor dining permits:
[1] 
Applications shall be filed on forms provided by the Borough along with the required fees (as set forth in the Fee Schedule or by separate resolution of the Borough Council) and any information necessary to determine compliance with this section.
[2] 
Applications shall be submitted to the Building Code Officer (BCO) for a review.
[3] 
Upon a successful review and approval by the BCO, a permit shall be issued. Fees shall be paid upon the filing of an application and shall be renewed on an annual basis.
[4] 
All locations shall be subject to periodic inspections for compliance with the standards of this section. Two or more violations of this section may result in a minimum seven-day suspension and/or revocation of all zoning, health, or building permits applicable to the outdoor dining use.
[5] 
Noise. Outdoor dining shall be subject to Chapter 353, Noise. No amplified music or sound is permitted. All activities, including the playing of music or other forms of entertainment, shall comply with the noise limitations of the Borough Ordinances and any other regulatory agencies having jurisdiction, as applicable.
[6] 
Applicants proposing to use the sidewalk or right-of-way for outdoor dining shall well and truly save, indemnify, defend, and keep harmless the Borough of Bridgeport, its officers, employees, and agents against any and all actions, suits, demands, payments, costs, and charges for and by reason of the existence of outdoor dining and all damages to persons or property resulting from or in any manner caused by the presence, location, use, operation, installation, maintenance, replacement, or removal of outdoor dining or by the acts or omissions of the employees or agents of the applicant in connection with outdoor dining.
(16) 
Outdoor storage and waste disposal. The outdoor keeping of junk, material, merchandise, or any goods in an unroofed or open area, or unenclosed building for more than 24 hours. The following additional regulations must be satisfied:
(a) 
No part of a public right-of-way, buffer area, required front yards, stormwater management systems, or required parking spaces shall be used for outdoor storage.
(b) 
Where permitted, outside accessory storage areas shall occupy an area less than 25% of the ground floor area of the principal building or structure.
(c) 
Outdoor storage area shall be shielded from public view and adjoining properties on ground level by fencing, walls, or high density landscaping sufficient to screen the storage area.
(d) 
The parking of tractor trailers, vans, and company vehicles which supply or service establishments shall only be permitted in the GC General Commercial, GIC General Industrial Commercial, and LIC Light Industrial Commercial Districts in the Borough.
(e) 
The practice of storing or depositing any abandoned or junked automobiles, vehicles, machinery or discarded equipment of any kind, or parts thereof, in or on any public or private property, vacant or occupied within the Borough of Bridgeport shall be deemed to be and constitute a nuisance and is hereby prohibited.
(f) 
All outdoor storage facilities for fuel, flammable or explosive materials and raw materials shall be enclosed by walls which measure a minimum of six feet in height in order to shield the facilities from the direct view of any adjacent property and to prevent the access of children and other members of the general public.
(g) 
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces. All material or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, sealed containers.
(h) 
All outdoor storage and/or waste disposal areas must be located within the building envelope, as created by the yard setback requirements. In addition, no outdoor storage and/or waste disposal area shall be located between the primary building(s) on a site and public streets, nor shall it be located closer than 15 feet to any side or rear property line, nor 15 feet from any structure or lot.
(i) 
No dangerous materials or substances, as defined herein, or wastes of any form may be stored in a floodplain area.
(j) 
All solid and liquid wastes shall be disposed on a timely basis and in an environmentally safe manner.
(17) 
Parking lot. A surface level area designed according to the standards of this chapter and used for the parking of motor vehicles to serve accessory to the principal use on the lot. Parking lots utilized by uses established on the premises where the parking occurs are permitted as accessory uses for all nonresidential principal uses, as well as multifamily building, provided:
(a) 
Parking lots shall be designed, surfaced and striped according to the standards set forth in Article XVII, Off-Street Parking and Loading.
(b) 
They are not located in required buffer areas.
(c) 
The re-striping of a parking lot shall require a use permit from the Borough to ensure inspection for spacing requirements and conformance to approved plans.
(d) 
Electric vehicle charging stations are required within all new, expanded or reconstructed parking areas. See § 560-1704H.
(18) 
Recreational vehicle storage. The keeping of a vehicle built on a single chassis; 400 square feet or less when measured at the largest horizontal projection; designed to be self-propelled or permanently towable by a light-duty truck; designed primarily not for use a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. The following additional regulations must be satisfied:
(a) 
Recreational vehicles may be temporarily or seasonally stored outdoors in residential zoning districts.
(b) 
Storage of the recreational vehicle shall not diminish the required on-lot parking spaces.
(c) 
Recreational vehicles cannot be parked in any restricted yard setback.
(d) 
No such vehicle shall be parked on a public street without first obtaining a permit from the Borough.
(e) 
No more than one recreational vehicle shall be parked outside of the principal building.
(f) 
The habitation of recreation vehicles located on a public street or on a lot in a residential zoning district shall be prohibited.
(19) 
Refuse collection facilities. An enclosed area for the storage of household or commercial refuse and recyclable materials pending removal from the site. Refuse collection facilities may either be located inside the building(s) or within an area enclosed by either walls or opaque fencing and permitted in all zoning districts, according to the following provisions:
(a) 
These facilities should be architecturally compatible with the principal building(s) on-site.
(b) 
Walls or fencing shall be designed to shield the refuse facilities from direct view from adjacent properties and to a height of at least six feet.
(c) 
These facilities shall be designed in a manner which can accommodate large collection trucks.
(d) 
Landscaping is encouraged around these facilities.
(e) 
Refuse facilities attached to or within buildings shall be subject to the same building setbacks as the buildings.
(f) 
Refuse facilities detached from residential buildings shall be subject to the setback of 10 feet from all property lines.
(20) 
Renewable energy systems. Solar, small-scale wind, and geothermal energy facilities are permitted as accessory uses in all zoning districts.
(21) 
Rooftop dining. The use of a rooftop area for the consumption of food or beverages by a licensed food establishment (restaurant) that has indoor seating.
(a) 
The rooftop dining area must be operated by the operator of the restaurant which serves as the principal use in the building.
(b) 
Rooftop dining areas shall comply with all applicable federal, state, county, and Borough laws, ordinances, and regulations, including, but not limited to, those governing health, safety, building accessibility, fire, and plumbing.
(c) 
Umbrellas shall not be permitted on the roof. Canopies or awnings may be used to protect people and personal property from the elements.
(d) 
No more than 25% of the seats in the rooftop dining area may be bar or lounge seats.
(e) 
Rooftop dining shall not be permitted in any building which contains a residential use.
(f) 
Rooftop dining shall be permitted only between March 1 and November 30. Hours of operation shall be from 8:00 a.m. to midnight. Seating of patrons shall end with sufficient time to provide service and close the rooftop dining area by midnight.
(g) 
No rooftop dining area shall be established within 100 feet of the property line of a single-family or two-family detached or semidetached dwelling unit located completely or partially within a residential zoning district.
(h) 
No rooftop dining area shall be established within 100 feet of the property line of an unimproved lot located completely or partially within a residential zoning district.
(i) 
The rooftop dining area shall not extend beyond the width and depth of the building upon which the principal restaurant is located.
(j) 
In order to limit visibility from the street, elevators and rest rooms shall be located to the rear of the rooftop. In the case of a building located on a corner lot, the rear of the rooftop shall be that area located farthest from the adjacent street with the highest street classification. (See § 495-50E of Chapter 495, Subdivision and Land Development.) In the event both adjacent streets have the same street classification, the rear of the rooftop shall be that area farthest from the adjacent street with highest average daily traffic.
(k) 
The number of rooftop dining seats shall not exceed that allowed by applicable state and local health, accessibility, fire, and building codes, nor shall the number of rooftop seats exceed the number of seats in the principal restaurant use.
(l) 
The rooftop area must be surrounded by railing or walls no less than 42 inches in height. The bar shall be set back at least 15 feet from the edge of the roof.
(m) 
Handicap access to the rooftop shall be from the interior space of the business within the principal building.
(n) 
All lighting of the rooftop area shall comply with the lighting requirements in the Borough Code of Ordinances. All lights associated with the rooftop must be turned off when the rooftop area is not in use.
(o) 
Food preparation on the rooftop shall not include an open flame.
(p) 
Outdoor heaters shall meet the following requirements:
[1] 
The use of outdoor heaters shall be in compliance with the International Fire Code, as amended.
[2] 
Heaters shall not be located closer than 10 feet from a means of ingress or egress onto to the roof.
[3] 
Where applicable, heaters shall be securely fastened to a wall or the floor of the outdoor dining area to prevent the heater from accidentally tipping over. Said fastening shall be subject to review and approval by the Borough's Code Officials.
[4] 
No propane fired heaters shall be used on the roof.
(q) 
No signs advertising rooftop dining shall be permitted, unless in compliance with and permitted by Article XVIII of this chapter.
(r) 
All merchandise, goods, articles, furniture, or equipment shall be adequately secured to ensure safety to persons and property during times of inclement or hazardous weather conditions.
(s) 
Parking. One parking space shall be provided per three seats in the rooftop dining area. This parking requirement may be met in whole, or in part, by free valet parking service to its customers during the hours the rooftop dining is in use. The applicant shall demonstrate, by means of an easement or long-term contract, that the parking spaces to be utilized by the rooftop dining establishment will be available for exclusive use of the rooftop dining facility.
(t) 
Storage of materials. At the conclusion of any rooftop dining season, all portable equipment shall be stored within the facility in a location that does not interfere with the operation of the food establishment or shall be stored off site.
(u) 
Rooftop dining permit. To assure compliance with safety and food code standards of the Borough, the following regulations shall govern the issuance of all rooftop dining permits or proposed changes to rooftop dining permits:
[1] 
Applications shall be filed on forms provided by the Borough along with the required fees and any information necessary to determine compliance with this section.
[2] 
Applications shall be submitted to the Building, Zoning and Codes Department for review to determine compliance with this chapter, safety standards and other applicable municipal regulations.
[3] 
The applicant shall seek and comply with safety recommendations from the Fire Marshal.
(v) 
Noise. Rooftop dining shall be subject to the noise regulations of Chapter 353. No live music shall be permitted. All amplifiers and speakers shall be equipped with audio decibel limiters set to insure that sound generated at the rooftop dining facility does not violate the regulations of the Borough ordinances and any other regulatory agencies having jurisdiction.
(w) 
Upon final approval of an application, a permit shall be issued. Fees shall be paid upon the filing of an application and shall be renewed on an annual basis.
(x) 
All locations shall be subject to periodic inspections for compliance with the standards of this section. Each zoning or code violation shall be a separate offense; each day a violation continues shall be the subject of a separate fine.
(22) 
Satellite dishes or antennae.
(a) 
Satellite dish. A device incorporating a reflective surface that is solid, open mesh, or bar configured, and is in the shape of shallow dish, cone, or parabolic figure which is larger than 24 inches in diameter. Such device is used to receive radio, television or electromagnetic radiation between terrestrial and/or orbital bases. Satellite dishes are permitted in all zoning districts if the following additional regulations are satisfied:
[1] 
A satellite antenna shall not be located within a front yard, unless a certification from the installer is submitted to the Zoning Officer, certifying that the antenna cannot be feasibly located in any other area on the premises in question.
[2] 
Roof mounting is not recommended. If roof mounted, the antenna shall be located on a portion of the roof sloping away from the front yard of the lot, and no portion shall project above the ridge line.
[3] 
Satellite antennas mounted on nonresidential buildings shall be architecturally screened if visible from the public street. Ground-mounted antennas installed on nonresidential properties shall be visually screened from the public street and adjoining residential properties.
[4] 
An edge of any satellite antenna shall not be erected within five feet of any property line.
[5] 
No standard antenna, including its supporting structure, shall have a total height above the average surrounding ground level of greater than 65 feet.
[6] 
An antenna shall be properly anchored to resist high winds.
(b) 
Vertical antennae. Vertical Antennae are permitted in all zoning districts if the following additional regulations are satisfied:
[1] 
Standard, nonsatellite, home reception antennas are exempt from the provisions of this section. Transmitting antennas requiring FCC approval are included in this section.
[2] 
Such antennas shall not be located within the front yard area, and are required to comply with regulations of the Borough Building Code.
[3] 
In residential zoning districts, such antennas are required to comply with the height restrictions of the district in which they are located, whether roof- or ground-mounted.
[4] 
In nonresidential zoning districts, ground-mounted, commercially utilized antennas, and antennas (to include, but not be limited to, two-way radio from a base to land-mobile antenna, such as radio-dispatched taxis, and antennas and used for restaurants, offices, industries or other businesses) exceeding 35 feet in height shall be erected at a distance from the property line equal to its height. If such a structure is located on a lot abutting a residential district, it shall be located at least 200 feet from the residential zone. This shall not restrict the use of antennas for emergency, military, or public safety dispatch communication.
[5] 
Not included under this regulation are roof- or structure-mounted telecommunications or telecommunications towers, which are regulated under "telecommunications facilities."
(23) 
Short-term rental. A transient vacation rental or use in which overnight accommodations are provided in single-family detached dwellings to guests for compensation. The following additional regulations must be satisfied:
(a) 
This use is only permitted as an accessory use in single-family detached dwellings.
(b) 
No guest can stay more than 30 days.
(c) 
The room(s) offered for rent shall be within the principal building and shall not be in an accessory building.
(d) 
The entire principal dwelling shall not be rented out.
(e) 
The owner of the dwelling must be present overnight in the dwelling during the course of the short-term rental.
(f) 
Off-street parking meeting the requirements of Article XVII must be provided.
(24) 
Swimming pool, residential. A body of water or receptacle for water having a depth at any point greater than 24 inches which is primarily used or intended to be used for swimming or bathing. Wading pools are exempt from these provisions and are considered temporary pools if made of plastic, light metal, or other light-duty materials which do not exceed a full volume depth of 24 inches at the lowest point, and which are completely emptied of water when not in use. The following additional regulations must be satisfied:
(a) 
The pool shall meet current UCC regulations or shall be completely enclosed by a fence or wall not less than four feet in height, with a self-locking gate as access. In addition, swimming pools equipped with elevated platforms or walkways that are at least four feet above the ground need not be fenced if the design prevents access by ladders or steps which can be made inaccessible and locked when not attended or in use.
(b) 
Location. Any pool deck or shelter that is elevated above the average surrounding ground level and the water surface of any pool shall be set back a minimum of five feet from any lot line. Patios around pools that are level with the average surrounding ground level are not required to be set back from lot lines. A swimming pool, filters, pumps and other mechanical equipment shall not be permitted in the front yard and shall conform to the rear and side yard setbacks of the applicable zoning district. A pool shall meet the requirements of any water or sewer easement.
(c) 
Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property.
(d) 
The Borough does not assume responsibility for guaranteeing to the public that all new and existing pools fully comply with these provisions.
(e) 
Water contained in swimming pools must be kept healthy and sanitary at all times and shall not emit offensive odor that creates a nuisance or unhealthy condition.
(f) 
Abandoned pools must be removed or appropriately filled in and covered under ground.
(25) 
Unit for care of relative. A dwelling unit that is created for and limited to occupancy by a relative of the permanent residents of the principal dwelling unit and is necessary to provide needed care and supervision to such relative. The following additional regulations must be satisfied:
(a) 
The accessory unit shall be occupied by a maximum of two persons, who shall be relatives of the permanent residents of the principal dwelling unit. At least one resident of the accessory unit shall need such accommodations because of an illness, old age or disability.
(b) 
The applicant shall prove to Borough Council that the accessory unit has been designed and constructed so that it can be easily reconverted into part of the principal dwelling unit after the relative no longer resides within the unit. Such accessory unit may be converted into an additional bedroom(s), permitted home occupation area or similar use. A lawful detached garage may be converted into a unit for care of relative and then be reconverted to a garage or permitted home occupation area. A new freestanding building shall not be constructed or placed for this use.
(c) 
The applicant shall file in the Recorder of Deeds' office a covenant running with the land that will prohibit the use of the accessory unit as a separate dwelling unit after the relative no longer resides within the unit. Such covenant shall also be binding upon future owners.
(d) 
The owner of the property shall be required to annually renew the permit for the use. Such renewal shall be conditioned upon the owner proving that a relative of the occupants of the principal dwelling unit continues to reside within the accessory unit.
(e) 
Such accessory unit shall not decrease the one-family residential appearance of a one-family dwelling, as viewed from exterior property lines.
(f) 
Additional parking for the accessory unit may be waived by Borough Council as part of the conditional use approval if the applicant proves that the resident(s) of the accessory unit will not routinely operate a vehicle.
(26) 
Water feature. An artificial body of water accessory to the principal use on the property that is not required for retention or detention purposes and does not meet the definition of "swimming pool, residential." Water features may be of a recreational or decorative nature, and may include koi ponds. Water features are permitted in all zoning districts if the following additional regulations are satisfied:
(a) 
The water feature shall meet current UCC regulations or shall be completely enclosed by a fence or wall not less than four feet in height, with a self-locking gate as access.
(b) 
The water surface of any water feature shall be set back a minimum of five feet from any lot line.
(c) 
A proper method shall be provided for drainage of the water from the feature that will not flood other property.
(d) 
The Borough does not assume responsibility for guaranteeing to the public that all new and existing water features fully comply with these provisions.
(e) 
Water features, filters, pumps and other mechanical equipment shall not be permitted in the front yard and shall conform to the rear and side yard setbacks of the applicable zoning district.
(f) 
Water contained in these features must be kept healthy and sanitary at all times and shall not emit offensive odor that creates a nuisance or unhealthy condition.
(g) 
Abandoned water features must be removed or appropriately filled in and covered under ground.
(27) 
Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Officer is clearly customary and incidental to a permitted by right, special exception or conditional principal use.