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Canton City Zoning Code

PART 5

GENERAL PROVISIONS

§ 27-500 Use Regulations.

[Ord. 578, 3/9/2015]
The purpose of this Part supplements the District regulations found in Part 3 with additional requirements applicable to certain specific uses.

§ 27-501 Adult Day Care Center.

[Ord. 578, 3/9/2015]
1. 
Adult Day Care Centers are permitted as a Special Exception (SE) within the Low Density Residential (R1) and Medium Density Residential (R2) zones, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
Adult Day Care Centers may use an existing residential building and occupied as a single-family residence for the owner or the employee of the owner giving day care services to not more than six adults and shall be fully ADA Accessible;
C. 
The facility shall be conducted and operated in compliance with all Pennsylvania Department of Aging registration, certification and licensing requirements and any other local, State or Federal regulations;
D. 
No overnight customers and/or guests are permitted, as hours of operation shall be limited to 5:00 a.m. to 9:00 p.m.;
E. 
A Buffer Yard and Screen Planting of no less than 10 feet in depth shall be established along rear and side lot lines in accordance with § 27-602 of this Chapter;
F. 
Any outdoor recreation areas shall be fully enclosed with a fence in accordance with § 27-605 of this Chapter;
G. 
Passenger "drop-off" and "pick-up" areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site; and
H. 
Off-Street Parking shall be provided in accordance with Part 7 of this Chapter. Off-Street Parking facilities shall provide a minimum of two handicapped parking spaces or 5% of the required parking spaces, whichever is greater.

§ 27-502 Adult-Related Uses.

[Ord. 578, 3/9/2015]
1. 
Adult-Related Uses (Adult Book/Retail Store, Adult Cabaret, Adult Mini-Motion Picture Theater, Adult Motion Picture Theater, Adult Movie Theater, Adult Theater, etc.) are permitted by Conditional Use (CD) within the Industrial (I) zone, subject to the following criteria:
A. 
Any building or structure used and occupied as an Adult-Related Use shall have an opaque covering over all windows or glass in doors in any area in which materials, merchandise, or film are exhibited or displayed, so that no sale materials, merchandise, or film shall be visible from outside of the building or structure;
B. 
No sign shall be erected upon the premises pictorially depicting or giving a visual representation of the type of materials, merchandise or film offered therein;
C. 
Each entrance to the premises shall be posted with a notice specifying that persons under the age of 18 years are not permitted to enter and warning all other persons that they may be offended upon entry;
D. 
No Adult-Related Use may change to another Adult-Related Use, except upon approval of an additional Conditional Use;
E. 
The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate;
F. 
No sexual activity or conduct shall be permitted;
G. 
No more than one Adult-Related Use may be located within one building and no more than one Adult-Related Use within a 1,000-foot radius;
H. 
No person shall operate an Adult-Related Use without first obtaining a Zoning Permit as provided in this Chapter and all other applicable permits required by law. The permit will be reviewed annually for compliance. The Zoning Officer will also perform regular inspections;
I. 
No Adult-Related Use shall be located within 600 feet of any parcel of land which contains any one or more of the following specified land uses:
(1) 
Adult or Child Care Facility;
(2) 
Church or other similar religious facility;
(3) 
Community Center;
(4) 
Museum and Cultural Facilities;
(5) 
Park;
(6) 
Playground;
(7) 
School; and
(8) 
Other lands where minors congregate.
J. 
The Canton Borough Council may attach additional conditions pursuant to this Section, in order to protect the public's health, safety, morals and welfare. These conditions may include, but are not limited to, increased building setbacks.

§ 27-503 Apartment, Accessory.

[Ord. 578, 3/9/2015]
1. 
Accessory Apartments are permitted as a Conditional Use (CD) in the Low Density Residential (R1) and Medium Density Residential (R2) zones. Where permitted, an Accessory Apartment may be created in a Single-Family Detached dwelling existing as of the effective date of the ordinance codified in this chapter; provided, that:
A. 
The Apartment will be a complete and separate housekeeping (plumbing, electric meter, sewer, water, etc.) unit that can be isolated from the original unit;
B. 
Only one Accessory Apartment will be created within a Single-Family Detached dwelling unit;
C. 
The owner(s) of the residence in which the Accessory Apartment is created shall occupy at least one of the dwelling units on the premises, except for bona fide temporary absences;
D. 
The Accessory Apartment shall be designed so that, to the degree feasible, the appearance of the building remains that of a Single-Family Detached dwelling. Where possible, any new entrances shall be located on the side or in the rear of the building, and any additions shall not increase the square footage of the original structure by more than 10%;
E. 
The design and size of the apartment conforms to all applicable State and Borough standards/codes including, but not limited to, Pennsylvania Uniform Construction Code;
F. 
The Accessory Apartment shall be no more than 30% of the structure's total floor area nor greater than 800 square feet;
G. 
A minimum of 400 square feet of floor area shall be required; and
H. 
At least three Off-Street Parking spaces are available for use by the owner-occupant and tenant in accordance with Part 7 of this Chapter.

§ 27-504 Apartment, Conversion.

[Ord. 578, 3/9/2015]
1. 
Conversion Apartments are Permitted by Right (PR) in the Low Density Residential (R1) and Medium Density Residential (R2) zones. Any building existing at the effective date of the ordinance codified in this Chapter may be converted to a dwelling for not more than three families; provided, that:
A. 
The proposed conversion shall conform to the regulations for the district in which it is located. In the case of Multi-Family Dwellings or Conversion Apartment, each unit must contain a minimum of 400 square feet of habitable space, except for efficiency apartments, where 250 square feet of habitable space must be provided for each unit;
B. 
There is no exterior evidence of change in the building except as required by the Pennsylvania Uniform Construction Code;
C. 
Fire escapes, where required, shall be in the rear of the building and shall not be located on any wall facing a street;
D. 
Off-Street Parking shall be provided in accordance with the provisions of Part 7 of this Chapter; and
E. 
The plans for the conversion of said building shall be submitted to the Canton Borough Zoning Officer for review and approval.

§ 27-505 Automatic/Manual Car Washes.

[Ord. 578, 3/9/2015]
1. 
Automatic/Manual Car Washes are Permitted by Right (PR) in the Central Business District (CB) and Commercial (C1) zones, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
Gray water recycling is mandatory, either through an on-site system or through a municipal sewer/water source;
C. 
For Automatic, Self-Service and Full Service car washes, each washing bay shall provide a minimum 100-foot long on-site stacking lane, which precedes the washing process area;
D. 
For full-service car washes, a post-washing/drying area shall be provided for no less than two vehicles per washing lane;
E. 
All structures housing washing equipment shall be set back 15 feet from any street right-of-way, 50 feet from any rear lot line, and 20 feet from any side lot line;
F. 
Automatic and Manual Car Washes shall comply with § 27-602, Buffer Yards and Screen Plantings, and § 27-605, Fences and Walls, within this Chapter;
G. 
Automatic Car Washes that include a Drying System Cycle shall automatically close service bay doors to muffle additional noise that exceeds ordinance limits;
H. 
Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter, and the Applicant shall furnish and implement a working plan for the cleanup of litter and debris; and
I. 
The Applicant shall demonstrate adequate provision for the collection and disposal of greases and wastes.

§ 27-506 Automotive Body Shop/Maintenance/Repair Garage and Service Stations.

[Ord. 578, 3/9/2015]
1. 
Automotive Maintenance/Repair Garages are permitted as a Special Exception (SE) in the Central Business District (CB) and Commercial (C1) zones and Body Shops are permitted as a Special Exception (SE) in the Commercial (C1) zone and Automotive Service Stations are permitted as Special Exceptions (SE) in the Central Business District (CB) and Commercial (C1) zones, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
All paintwork 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 body work and grinding) and outdoor welding shall not occur within 250 feet of a residential lot line;
C. 
All reasonable efforts shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots in accordance with § 27-600 of this Chapter;
D. 
Overnight outdoor storage of "junk" other than "permitted junk vehicles" shall be prohibited within view of a public street or a dwelling;
E. 
Any "junk vehicle" shall not be stored for more than 20 days. A maximum of four junk vehicles may be parked on a lot outside of an enclosed building at any one time, except that additional numbers of vehicles may be parked outside overnight if they: (1) are screened from view from streets and other lots by landscaping or buildings in compliance with § 27-602 of this Chapter and (2) are actively undergoing repair;
F. 
All automotive parts, dismantled vehicles and similar articles shall be stored within an enclosed building;
G. 
Service bay doors shall not face directly towards an abutting dwelling (not including a dwelling separated from the garage by a street); and
H. 
Hazardous fluids shall be disposed of in accordance with regulations of appropriate regulatory agencies.

§ 27-507 Automobile Sales (Car, New and Used, Trailer and Coach).

[Ord. 578, 3/9/2015]
1. 
Automobile Sales (Car, New and Used) are Permitted by Right (PR) in the Central Business District (CB) and Commercial (C1) zones and Automobile Sales (Trailer and Coach) are Permitted by Right (PR) in the Commercial (C1) zone, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
General service, maintenance and repair facilities shall be permitted; provided, that they are conducted within an enclosed building and considered as accessory uses to the automobile sales establishment;
C. 
All outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded as part of the Automobile Sales establishment shall be screened from adjacent properties. Hazardous fluids shall be disposed of in accordance with regulations of appropriate regulatory agencies;
D. 
Automobile inventory shall be aligned and displayed in an orderly fashion so that circulation for fire safety can be maintained at all times; and
E. 
All outdoor display areas adjacent to a residence shall have exterior lighting reduced to 50% luminosity after 11:00 p.m.

§ 27-508 Bars/Taverns.

[Ord. 578, 3/9/2015]
1. 
Bars/Taverns are Permitted by Right (PR) within the Central Business District (CB) and Commercial (C1) zones, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
A Bar/Tavern shall be located in accordance with the provisions and licensing of the Pennsylvania Liquor Control Board;
C. 
Bar/Taverns shall not be located within 500 feet of a church, school, park, or playground;
D. 
A Bar/Tavern hours of operation and activities must be appropriately scheduled to protect the adjacent neighborhood from detrimental noise, disturbance or interruption;
E. 
The owner(s) and operator(s) of a Bar/Tavern shall be responsible for the conduct and safety of the patrons; and
F. 
All activities associated with the use, including the consumption of alcoholic beverages, shall be performed within an enclosed structure. Any use that proposes seating and/or serving of alcoholic beverage on a patio, deck or other outdoor structure, shall be considered a Special Exception (SE) and require approval by the Zoning Hearing Board, in accordance with Special Exception (SE) procedure as set forth in § 27-1016, Subsection 5C,of this Chapter.

§ 27-509 Bed and Breakfast Homes and Inns.

[Ord. 578, 3/9/2015]
1. 
Bed and Breakfast Homes and Inns shall be Permitted by Right (PR) in the Low Density Residential (R1), Medium Density Residential (R2) and Central Business District (CB) zones, subject to the following specific criteria:
A. 
A Bed and Breakfast Home shall be allowed only in an owner-occupied, single-family, detached residential dwelling or buildings accessory thereto. No modification to the external appearances of the building (except fire and safety requirements), which would alter its residential character, shall be permitted;
B. 
The owners of a Bed and Breakfast Home or Bed and Breakfast Inn must be in the residence when guests are present;
C. 
Accommodations for overnight lodging at a Bed and Breakfast Home shall be limited to no more than five guest rooms and to no more than 10 guests at a given time. The guest rooms for both Bed and Breakfast Homes and Inns shall be rented to overnight guests on a daily basis for periods not exceeding one week;
D. 
Meals shall be offered only to registered overnight guests;
E. 
No cooking facilities shall be provided or permitted in individual guest rooms;
F. 
Bed and Breakfast Homes and Inns must conform to all zoning regulations with regard to parking, access, signs, area, setbacks, etc., as are applicable under this Chapter;
G. 
Lighting shall not be shed on adjoining properties;
H. 
The use of a residential dwelling for a Bed and Breakfast Home and Inn must be approved, where a municipal sewer connection is available, by the Canton Municipal Authority; and
I. 
All Bed and Breakfast Homes and Inns shall comply with the rules and regulations of the Pennsylvania Department of Labor and Industry, PA Uniform Construction Code and all other applicable building, safety, and fire codes of the Federal, State, or local government.

§ 27-510 Boarding Homes (Includes Rooming and Lodging Houses).

[Ord. 578, 3/9/2015]
1. 
Boarding Homes are Permitted by Right (PR) in the Low Density Residential (R1), Medium Density Residential (R2) and Central Business District (CB) zones, subject to the following specific criteria:
A. 
The use of a residential dwelling for a Boarding Home must be approved, where a municipal sewer connection is available, by the Canton Municipal Authority;
B. 
Accommodations shall be limited to no more than five guest rooms for rent;
C. 
Not more than 10 guests may be accommodated at any one time;
D. 
Meals for compensation shall be provided only to Boarding Home guests. No cooking facilities shall be provided or permitted in the individual guest rooms;
E. 
Guest rooms shall contain a minimum of 250 square feet of habitable floor area per person;
F. 
All floors above grade shall have direct means of escape to ground level;
G. 
Off-Street Parking shall be provided in accordance with Part 7 of this Chapter; and
H. 
All Boarding Homes shall comply with the rules and regulations of the Pennsylvania Department of Labor and Industry, PA Uniform Construction Code and all other applicable building, safety, and fire codes of the Federal, State, or local government.

§ 27-511 Child Day Care.

[Ord. 578, 3/9/2015]
1. 
Child Day Care shall be Permitted by Special Exception (SE) in the Low Density Residential (R1), Medium Density Residential (R2) and Central Business District (CB) zones, subject to the following criteria:
A. 
The Child Day Care facility shall meet all State and Federal licensing and registration requirements and shall provide proof of compliance with the Commonwealth of Pennsylvania Code, Title 55, Chapter 3270, Child Day Care Centers;
B. 
The Child Day Care Facility shall be capable of providing supplemental parental care and supervision and/or instruction to seven or more children simultaneously, who are not related to the caregiver or operator on a daily basis;
C. 
Child Day Care Facilities enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period;
D. 
If the Child Day Care Center is located at and is accessory to a legally established house of worship, a public or nonpublic school, or a place of employment, such buildings shall obtain a Pennsylvania Uniform Construction Code Occupancy Permit;
E. 
Off-Street Parking shall be provided in accordance with Part 7 of this Chapter;
F. 
The Child Day Care provides safe off-street pickup and drop-off points in order to minimize traffic congestion. Vehicles shall enter and exit from the pickup and drop-off points at least 60 feet from any intersection. The passenger "pickup" and "drop-off" points shall be arranged so that the passengers do not have to cross traffic. Off-Street Parking compounds shall not be used as outdoor play areas;
G. 
The minimum area of said play area shall be 300 square feet or 10 square feet per child, whichever is greater, unless superseded by regulations of any designated State agency of the Commonwealth having jurisdiction over said use by virtue of licensing. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all lot lines. Outdoor play areas shall be completely enclosed by a four-foot high fence that shall screen the area from adjoining residential zones or use properties. All outdoor play areas must provide a means of shade such as shade tree(s) or pavilion(s); and
H. 
Outdoor play area requirements may be waived, where the Applicant provides information that demonstrates that a public playground facility is within 250 feet of the Child Day Care Facility.

§ 27-512 Churches, Places of Worship and Church-Related Educational and Child Day Care Facilities.

[Ord. 578, 3/9/2015]
1. 
Churches and Places of Worship and Church-Related Educational and Accessory Child Day Care Facilities are Permitted by Right (PR) in the Low Density Residential (R1) and Medium Density Residential (R2) zones, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
The Child Day Care Facility shall meet all State and Federal licensing and registration requirements and shall provide proof of compliance with the Commonwealth of Pennsylvania Code, Title 55, Chapter 3270, Child Day Care Centers;
C. 
The Child Day Care Center or Facility is located at and is accessory to a legally established House of Worship, a public or nonpublic school, or a place of employment. Such buildings shall obtain a Pennsylvania Department of Labor and Industry Occupancy Permit;
D. 
All residential, educational and day care uses shall be accessory, and located upon the same lot or directly adjacent to a lot containing a House of Worship;
E. 
Church-Related Educational and Accessory Child Day Care Facilities enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period;
F. 
Passenger "drop-off" areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site;
G. 
The minimum area of said play area shall be 300 square feet or 10 square feet per child, whichever is greater, unless superseded by regulations of any designated State agency of the Commonwealth having jurisdiction over said use by virtue of licensing. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all lot lines. Outdoor play areas shall be completely enclosed by a four-foot high fence that shall screen the area from adjoining residential zones or use properties. All outdoor play areas must provide a means of shade such as shade tree(s) or pavilion(s);
H. 
Outdoor play area requirements may be waived, where the Applicant provides information that demonstrates that a public playground facility is within 250 feet of the Child Day Care Facility; and
I. 
Off-Street Parking shall be provided in accordance with Part 7 of this Chapter.

§ 27-513 Clubs, Lodges, and Fraternal Organizations.

[Ord. 578, 3/9/2015]
1. 
Clubs, Lodges, and Fraternal Organizations are Permitted by Right (PR) in the Central Business District (CB) zone. These and similar uses are restricted to those not conducted primarily for financial gain, although a dining room may be operated for the benefit of club members; provided, that no permanent sign advertising the sale of food or beverages will be permitted.
A. 
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
A Buffer Yard/Screen Planting of no less than 15 feet in depth shall be maintained along all lot lines abutting a residential use in accordance with § 27-602 of this Chapter;
C. 
All outdoor recreation/activity areas shall be set back at least 25 feet from any lot line;
D. 
All clubhouses and related facilities (e.g., pavilions, parking lots, etc.) shall meet the minimum building setback requirements for the Central Business District (CB);
E. 
A Club, Lodge or Fraternal Organization hours of operation and activities must be appropriately scheduled to protect the adjacent neighborhood from detrimental noise, disturbance or interruption; and
F. 
A Club, Lodge or Fraternal Organization serving alcohol may only be established or operated in accordance with the regulation of the Pennsylvania Liquor Control Board or other equivalent assigned agency.

§ 27-514 Commercial Communication Antennas, Towers and/or Equipment.

[Ord. 578, 3/9/2015]
1. 
Communication Antennas (Commercial), Towers and/or Equipment are Permitted by Right (PR) in the Central Business District (CB), Commercial (C1), Industrial (I) and Open Space (OS) zones, and shall meet the following requirements:
A. 
The Applicant must demonstrate that the proposed location is necessary for the efficient operation of the system;
B. 
The Applicant shall demonstrate that the Communication Tower and all Communication Antennas to be installed on the Communication Tower are the minimum height required to function satisfactorily. In no event shall the height of the Communication Tower and or Antenna exceed the maximum permitted height of the applicable zone by more than 40 feet;
C. 
Any Communication Tower shall be set back from each lot line a distance equal to its height, but in no circumstances less than 50 feet from any lot line. This setback shall also be applicable to guide wire anchors for the Communication Tower;
D. 
All towers shall be completely enclosed by an eight-foot high fence and self-locking gate;
E. 
The Applicant shall furnish expert testimony regarding the construction methods or other measures used to prevent the toppling of any Communication Tower on to adjoining properties or lots and/or roads and the wind borne scattering of ice onto adjoining properties or lots and/or roads. The Applicant shall be required to implement construction methods or standards to prevent such occurrences;
F. 
Communication Towers shall be sited so as to separate them from adjacent activities and structures located on adjoining lots;
G. 
The Applicant shall submit notice of approval for the proposed installation from the Federal Aviation Administration/PA Bureau of Aviation and the Federal Communications Commission;
H. 
Communication Towers which contain Communication Antennas which are capable of transmitting signals shall not create electrical, electromagnetic, microwave or other interference off site;
I. 
The Applicant shall submit a plan for the removal of the Communication Tower and all Communications Antennas on such Communication Tower and all related equipment and facilities when they become functionally obsolete or are no longer in use. The Applicant shall furnish a bond or other guarantee acceptable to the Borough Solicitor guaranteeing the removal of the facility within three months from the date the Applicant ceases use of the facility or the facility becomes obsolete;
J. 
The Borough may require the Applicant to post a maintenance or performance bond in an amount sufficient to secure the installation and maintenance of the Communication Tower, Communications Antenna and related equipment and facilities during their lifetime;
K. 
A communications equipment cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 12 feet in height;
L. 
Towers shall either maintain a galvanized steel finish, or subject to any applicable standards of the Federal Aviation Administration and painted a neutral color so as to reduce visual obtrusiveness. Communication Towers shall not be artificially lighted unless required by the Federal Aviation Administration or other applicable authority. If lighting is required, the lighting alternatives and design chosen must comply with § 27-600, Subsection 4, Lighting and Glare, of this Chapter;
M. 
At a tower site the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings; and
N. 
The following landscaping shall be required to screen as much of the Communications Tower as possible, the fence surrounding the Communications Tower, and any other ground level features (such as equipment cabinets or a building):
(1) 
A landscaping screen with a minimum width of 25 feet shall be required to surround the site. The screen shall consist of a variety of low level shrubs and ground covers chosen to blend in to the natural setting; and
(2) 
Existing vegetation on and around the site shall be preserved to the greatest extent possible.

§ 27-515 Compressed Natural Gas (CNG) Dispensing Station.

[Ord. 578, 3/9/2015]
1. 
Compressed Natural Gas (CNG) Dispensing Stations are permitted as a Special Exception (SE) in the Commercial (C1) and Industrial (I) zones, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
The CNG Filling Station dispenser island shall be constructed in a manner that allows vehicular access adjacent to the island without interfering with or obstructing Off-Street Parking;
C. 
Fueling operations at the point of transfer (where the fueling connection is made) shall be at least 20 feet from any building, building opening, public street or sidewalk and at least 10 feet from storage tanks and cylinders;
D. 
Concrete or steel bollards at a minimum height of 48 inches shall be placed on the fuel island adjacent to fuel dispensers. At the Borough Zoning Hearing Board discretion, concrete or steel bollards may also be placed around the perimeter of the Equipment Pad;
E. 
Outdoor lighting shall be in accordance with § 27-600, Subsection 4,of this Chapter;
F. 
The Equipment Pad associated with the Compressed Natural Gas (CNG) Filling Station shall be enclosed by a soundproof building in order to comply with standards set forth under § 27-600, Subsection 7, of this Chapter;
G. 
Compressor and Cylinder tanks within the Equipment Pad shall be screened from adjacent streets and Residential uses in accordance with § 27-602 of this Chapter; and
H. 
The Equipment Pad associated with the Compressed Natural Gas (CNG) Filling Station perimeter shall be enclosed by a six-foot high security fence with gate in compliance with § 27-605 of this Chapter.

§ 27-516 Compressor and Metering Stations.

[Ord. 578, 3/9/2015]
1. 
Compressor Stations and Metering Stations are permitted as a Conditional Use (CD) in the Commercial (C1) zones and Permitted by Right (PR) in the Industrial (I) zone, intended for the reasonable development of oil and gas resources in Canton Borough, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
Building and Noise Control.
(1) 
Acoustically Designed Building. All Compressors and associated mechanical equipment shall be located within a fully enclosed, acoustically designed building; and
(2) 
Noise Control. The Noise Level does not exceed a noise standard of 60 dbA at the nearest lot line or the applicable standard imposed by Federal law, whichever is less.
C. 
The following setback shall be maintained for a Compressor Station Building:
(1) 
Shall be located 750 feet from the nearest existing building or 200 feet from the nearest lot line, whichever is greater, unless waived by the owner of the adjoining building or adjoining lot.
D. 
A Buffer of undisturbed area of not less than 50 feet in width shall be maintained along all lot lines and road rights-of-way to provide a Buffer and shall not be used for parking, storage or any other purpose except landscaping and crossing of access roads. In determining the type and extent of the Buffer required, the Borough shall take into consideration the design of the project structure(s) and site, topographic features which may provide natural buffering, existing natural vegetation, and the relationship of the proposed project to adjoining areas;
E. 
Any required landscaped Buffer may be installed in the setback area, and shall consist of trees, shrubbery and other vegetation and shall be a minimum of 25 feet wide;
F. 
Design details of Buffers shall be included on the Site Plan, and Buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for Land Developments in the Bradford County Subdivision and Land Development Ordinance;
G. 
It shall be the responsibility of the property or lot owner to maintain all Buffers in good condition, free of rubbish, and replace any dying or dead plants or deteriorating landscape material;
H. 
The Compressor Station Building perimeter shall be enclosed by a six-foot high security fence in compliance with § 27-605 of this Chapter;
I. 
All operations shall comply with all applicable local, State and Federal laws and rules and regulations. No Zoning Permit shall be issued until such time as the Applicant provides evidence of compliance with State and Federal regulations; and
J. 
For any facility approved by the Borough, the operator shall submit to the Borough Zoning Officer copies of all Department of Environmental Protection required or Department of Environmental Protection issued permits, documents and reports associated with the operation.

§ 27-517 Convenience Store with Gas Dispensing.

[Ord. 578, 3/9/2015]
1. 
Convenience Stores with Gas Dispensing are Permitted by Right (PR) in the Central Business District (CB) and Commercial (C1) zones, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
A Site Circulation Plan shall be provided that depicts the separation of fueling service areas and Convenience Store areas. The plan shall show the location and dimensions of all structures, fuel pumps and location of the tank field; the location and dimensions of parking, landscaping areas and signage; and the description of internal circulation and access, in accordance with the standards herein;
C. 
Minimum setback for access drives shall meet the following standards:
(1) 
From the intersection of street right-of-way lines: 40 feet;
(2) 
From the side lot line: 10 feet;
(3) 
Minimum width of access drive: 12 feet;
(4) 
Maximum width of access drive: 35 feet; and
(5) 
Minimum separation of drives on same lot: 25 feet;
D. 
Minimum setbacks from street right-of-way lines for structures and/or buildings shall be in accordance with the following underlying Zoning District or as listed below, whichever is most restrictive:
(1) 
Pumps: 40 feet;
(2) 
Building: 50 feet;
(3) 
Canopies: 35 feet; and
(4) 
Motor vehicles shall not be permitted to be parked on sidewalk areas.
E. 
Minimum setback of fuel pumps from parking areas shall be 20 feet;
F. 
Outdoor Display. All merchandise, except oil racks, shall be displayed within a building. Vending machines shall be maintained in a semi-enclosed structure or within the building;
G. 
Outdoor lighting shall be in accordance with § 27-600, Subsection 4, of this Chapter;
H. 
Fuel delivery shall not impede traffic-flow patterns; and
I. 
Compressed Natural Gas (CNG) Dispensing may be added to this use and must follow the criteria set forth under § 27-515 of this Chapter.

§ 27-518 Crematorium.

[Ord. 578, 3/9/2015]
1. 
Crematoriums are permitted as a Special Exception (SE) in the Low Density Residential (R1), Medium Density Residential (R2), Central Business District (CB) and Commercial (C1) zones, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
All vehicle parking shall be contained on the facility property or lot and comply with Part 7, Off-Street Parking and Loading, of this chapter. Loading Areas/Docks shall provide Buffer Yard/Screen Planting of no less than 15 feet in depth with either landscaping or fencing from neighborhood uses;
C. 
The Crematorium must be approved, where a municipal sewer connection is available, by the Canton Municipal Authority;
D. 
Any building used as a Crematorium shall provide auxiliary means of electric service in the event of a power failure;
E. 
Crematoriums containing emission stacks shall be covered or shrouded with material safe for such use compatible with the existing facility/neighborhood;
F. 
The owner shall conduct an evaluation of the design of the proposed crematory exhaust stack location and stack height in relation to nearby structures including, at a minimum, all structures on the owner's property and all structures on neighboring properties within 300 feet of the proposed stack location. At a minimum, the stack height shall be at least 1.5 times the height of nearby structures;
G. 
Operating hours shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday;
H. 
The cremation unit shall be totally enclosed within a building;
I. 
The crematory operator/owner shall provide the Borough Zoning Officer with the necessary certifications to operate the crematory;
J. 
A crematory may provide a room(s) for the private viewing of the cremation by members of the deceased family but may not be used to conduct public or private funeral home services;
K. 
Any and all odors and smoke generated as part of a Crematorium operation shall be in conformance with the regulations set forth in Part 6, Performance Standards, of this Chapter and in compliance with PA Department of Environmental Protection Air Emission Standards and Permitting; and
L. 
No outdoor storage shall be permitted on a lot associated with a Crematorium.

§ 27-519 Dormitory Style Housing Facility (Minor and Major).

[Ord. 578, 3/9/2015]
1. 
Dormitory Style Housing Facilities (Minor and Major) are permitted as a Special Exception (SE) in the Central Business District (CB), Commercial (C1) and the Industrial (I) zones, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
All vehicle parking shall be contained on the Facility property or lot and comply with Part 7, Off-Street Parking and Loading, of this Chapter;
C. 
Sewage and water facilities shall be sufficient to handle the anticipated load created by the proposed Housing Facility and shall meet all requirements of the PA Department of Environmental Protection and the Canton Municipal Authority;
D. 
Dormitory Style Housing Facilities shall be designed and constructed to meet all applicable PA Uniform Construction Code requirements and shall be inspected and approved by the Canton Borough Fire Department Chief prior to being occupied. The Applicant shall provide satisfactory evidence to the Borough indicating that these requirements have been met;
E. 
Residents of Dormitory Style Housing Facilities shall be provided with meals, sleeping accommodations, bathroom facilities and recreational opportunities, and may also be provided with housekeeping services or laundry facilities. There shall be no more than two persons per bedroom;
F. 
Arrangements for collection, storage and disposal of solid wastes generated by the facility shall be made by the Applicant and submitted to the Borough Zoning Officer with the application for Special Exception (SE);
G. 
Where applicable, ingress, egress and regress off of State Highways shall comply with all applicable PENNDOT, Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads. No Zoning Permit shall be issued until such time as the Applicant provides evidence of compliance with a PENNDOT Highway Occupancy Permit; and
H. 
All other applicable requirements of this Chapter, including the Sign standards set forth under Part 8 of this Chapter.

§ 27-520 Drive-Thru Facilities for Permitted Commercial Uses.

[Ord. 578, 3/9/2015]
1. 
Drive-Thru Facilities For Permitted Commercial Uses shall be Permitted by Right (PR) within the Central Business District (CB) and Commercial (C1) zones, subject to the following criteria:
A. 
The minimum distance of any driveway to lot line shall be 10 feet;
B. 
The minimum distance between driveways on the site shall be 65 feet, measured from the two closest driveway curbs;
C. 
The minimum distance of a driveway into the site from a street intersection shall be 60 feet, measured from the intersection of the street right-of-way to the nearest end of the curb radius;
D. 
The angle of the driveway intersection with the street shall be based upon safe traffic movements;
E. 
Drive-Thru Facilities for Permitted Commercial Uses shall be limited to: restaurants, banks or financial institutions, car washes, retail uses, and other uses that are typically associated as having drive-thru facilities, as determined by the Borough Zoning Officer;
F. 
Drive-Thru Facilities adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center;
G. 
Outdoor lighting shall be contained on site in accordance with § 27-600, Subsection 4, of this Chapter;
H. 
All Drive-Thru Facilities for Permitted Commercial Uses Drive-In shall be designed and planned to take advantage of and be compatible with natural features of the site and area. Additionally, the side and rear lot lines of the drive-thru facilities shall be adequately screened with a fifteen-foot wide landscaped buffer yard in accordance with § 27-602 of this Chapter;
I. 
All Drive-Thru windows shall be separated from the parking lot's interior driveways and have stacking lanes of at least 100 feet in length for pharmacies and financial institutions and 160 feet for fast-food businesses;
J. 
Outside speakers shall not be audible from any residential area; and
K. 
All automated teller machines shall be located so that the on-site movement of vehicles will not be hampered by those cars belonging to persons using the automated teller machines.

§ 27-521 Farm/Roadside Stand.

[Ord. 578, 3/9/2015]
1. 
Farm/Roadside Stands shall be Permitted by Right within the Low Density Residential (R1), Medium Density Residential (R2) and Mobile Home Park (MHP) zones, subject to the following criteria:
A. 
The area where the products are displayed or sold shall not exceed 800 square feet;
B. 
The stand shall be at least 50 feet from an intersection and shall be at least 25 feet from the edge of the legal right-of-way line of any adjoining street;
C. 
The stand shall be portable, shall be maintained in good condition, and shall be removed during seasons when products are not being offered for sale; except that a stand may remain in place throughout the year if it would be located a minimum of 100 feet from the existing street right-of-way line; and
D. 
Parking for vehicles shall be provided outside of the existing street right-of-way and in compliance with the provisions of Part 7 of this Chapter. Parking shall be provided for a minimum of five vehicles.

§ 27-522 Farmers and/or Flea Market.

[Ord. 578, 3/9/2015]
1. 
Farmers and/or Flea Markets shall be Permitted by Right (PR) within the Central Business District (CB) zone, subject to the following criteria:
A. 
The retail sales area shall be considered to be that of the smallest rectangle, or other regular geometric shape, which encompasses all display stands, booths, tables or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The retail sales shall include all indoor and/or outdoor areas as listed above;
B. 
The retail sales area shall be set back at least 25 feet from all property or lot lines, and shall be calculated as part of the maximum permitted lot coverage, regardless of its surface treatment;
C. 
Off-Street Parking and Loading shall be designed and used in accordance with Part 7, Off-Street Parking and Loading, of this Chapter;
D. 
All outdoor display and sales of merchandise shall not begin prior to one hour before the official sunrise and shall cease no less than one hour prior to dusk;
E. 
Any exterior amplified public address system shall be arranged and designed so as to prevent objectionable impact on adjoining properties; and
F. 
Exterior trash receptacles shall be provided amid any outdoor retail sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All Applicants shall include a description of a working plan for the clean-up of litter.

§ 27-523 Firearm Repair and Sales.

[Ord. 578, 3/9/2015]
1. 
Firearm Repair and Sales shall be Permitted by Right (PR) within the Central Business District (CB) and Commercial (C1) zones, subject to the following criteria:
A. 
The Applicant shall provide a Federal Firearms License (FFL) from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and demonstrate compliance with Pennsylvania laws related to Firearm Repair and Sales.

§ 27-524 Fuel Storage/Distribution Center.

[Ord. 578, 3/9/2015]
1. 
Fuel Storage/Distribution Center is permitted by Special Exception (SE) in the Industrial (I) zone, subject to the following criteria:
A. 
Minimum lot area shall be one acre;
B. 
All Fuel Storage facilities, including tank trucks, must be secured with appropriate fencing at least eight feet in height;
C. 
All State and Federal regulations concerning storage safety must be met and copies of all licenses and certificates required for storage of these materials must be provided to the Borough Zoning Officer prior to issuance of a Certificate of Occupancy;
D. 
All Fuel Storage facilities, including tank trucks and their containment areas, shall be set back a minimum of 50 feet from any Wetland, Water course or 100-year Floodplain;
E. 
Outdoor Lighting shall be in accordance with § 27-600, Subsection 4, of this Chapter;
F. 
A Buffer Yard/Screen Planting of no less than 15 feet in depth shall be maintained along rear and side lot lines abutting a Residential Use;
G. 
Physical Barriers. Physical barriers with a minimum height of 48 inches and capable of resisting a horizontal force of 12,000 pounds anywhere on its surface and in any direction. The physical barrier shall be placed around each outdoor above-ground storage tank and the portions of underground storage tanks which extend above the ground;
H. 
Dispensing Areas. All dispensing areas for the dispensing of regulated substances shall have the following requirements:
(1) 
Perimeter drains or other types of stormwater inlets and collection systems shall be required which will convey the runoff from the entire fuel dispensing area to a collection area where the runoff can be treated through the use of an oil-water separator prior to discharge to the environment. All oil-water separators shall be regularly maintained, including, but not limited to, emptying, removing sediment and refilled with water to ensure they are not full of oil and can work properly;
(2) 
The fuel dispensing area is defined as extending 6.5 feet from the corner of each fuel dispenser or the length at which the hose and nozzle assembly may be operated plus one foot, whichever is greater. The paving around the fuel dispensing area may exceed the minimum dimensions of the "Fuel Dispensing Area" stated above;
(3) 
The fuel dispensing area must be covered, and the cover's minimum dimensions must be equal to or greater than the area of the fuel dispensing area, as defined above. The cover must not drain onto the fuel dispensing area; and
(4) 
In addition to these regulations, the fuel dispensing area including sumps and collection systems shall be designed and installed in accordance with the PA Uniform Construction Code.
I. 
Spill Kits. Storage tank systems, which dispense the substance stored in it in dispensing areas, as defined above, shall have spill kits with the following minimum requirements:
(1) 
Spill kits shall include, but are not limited to, an absorbent product capable of neutralizing and absorbing the regulated substance stored within the storage tanks;
(2) 
Spill kits shall also include a method of disposal of the spilled substance; and
(3) 
Spill kits shall be placed in conspicuous location. In instances where there is more than one dispenser in the dispensing area, there shall be one spill kit for every six dispensers.

§ 27-525 Funeral Homes/Mortuary.

[Ord. 578, 3/9/2015]
1. 
Funeral Homes and Mortuaries shall be Permitted by Right (PR) within the Medium Density Residential (R2) and Commercial (C1) zones, subject to the following criteria:
A. 
The Applicant shall furnish evidence that the use of materials and disposal of wastes will be accomplished in a manner which complies with State and Federal regulations;
B. 
Sewage and water facilities shall be sufficient to handle the anticipated load created by a Funeral Home/Mortuary and shall meet all requirements of the PA Department of Environmental Protection and the Canton Municipal Authority;
C. 
All rooms available for funerals and viewing shall be located within the lot's principal building;
D. 
A Buffer Yard/Screen Planting of no less than 15 feet in depth shall be maintained along rear and side lot lines abutting a Residential use; and
E. 
Off-Street Parking shall be provided in accordance with Part 7 of this Chapter. Sufficient Off-Street Parking shall be provided to prevent back-ups onto adjoining roads; the Applicant shall describe what measures will be used to prevent back-ups (e.g., overflow parking, parking attendants, etc.) to prevent such back-ups.

§ 27-526 Government or Public Service Building.

[Ord. 578, 3/9/2015]
In any District, a building may be erected, altered or extended and land may be developed which is arranged, intended or designed for Government, Municipal or Public Uses, including municipal recreation uses, in accordance with applicable District provisions.

§ 27-527 Group Homes.

[Ord. 578, 3/9/2015]
1. 
Group Homes shall be permitted as a Conditional Use (CD) in the Central Business District (CB) and Commercial (C1) zones, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
A Group Home must be licensed where required by an appropriate State or Federal agency(ies) and shall be in compliance with all applicable rules and regulations of the licensing body(ies). A copy of any required license must be delivered to the Canton Borough Zoning Officer prior to beginning the use;
C. 
Group Homes may be directly affiliated with a parent institution or organization, which shall provide full-time supervision and administration to the residents of the house;
D. 
A common cooking and eating area must be provided; no cooking or dining facilities shall be provided in individual rooms or suites;
E. 
The residents of Group Homes shall reside on the premises to benefit from the services provided;
F. 
Group Homes shall not be located within 500 feet of any public recreation facility, school facility, day care center or public library;
G. 
Group Homes shall not be located within 500 feet of another Group Home;
H. 
Within the districts that Group Homes are permitted as a Conditional Use (CD), the application shall be accompanied by a statement describing the following:
(1) 
The composition of the Group Home;
(2) 
The policies and goals of the Group Home and the means proposed to accomplish those goals;
(3) 
The characteristics of the residents and number of clients/residents to be served;
(4) 
The operating methods and procedures to be used; and
(5) 
Any other facts relevant to the proposed operation of the Group Home.
I. 
Any use permit granted for the Group Home shall be bound to the type and number of clients or residents listed on the application. Any change in the type or number of clients or residents being housed shall require a new hearing before the Canton Borough Council.

§ 27-528 Group Quarters.

[Ord. 578, 3/9/2015]
1. 
Group Quarters shall be permitted as a Special Exception (SE) in the Central Business District (CB) and Commercial (C1) zones, subject to the following criteria:
A. 
A minimum of 250 square feet of habitable space shall be provided for each occupant;
B. 
A common kitchen and dining facility shall be provided and no cooking or dining facilities shall be provided in individual rooms or suites. This provision is not intended to require such facilities if the affiliated institution provides them elsewhere;
C. 
Each Group Quarters shall provide one Off-Street Parking space for each occupant;
D. 
All Group Quarters shall comply with all applicable building, health, and fire codes;
E. 
The use of a Group Quarters must be approved, where a municipal sewer connection is available, by the Canton Municipal Authority; and
F. 
Group Quarters may be an Accessory or Principal Use, but must be directly affiliated with a parent religious, educational, charitable, or philanthropic institution.

§ 27-529 Home Occupation.

[Ord. 578, 3/9/2015]
1. 
Home Occupations shall be permitted as an Accessory Use (AC) in the Low Density Residential (R1), Medium Density Residential (R2) and Mobile Home Park (MHP) zones, subject to the following criteria:
2. 
It is the intent of this Section to regulate the operation of Home Occupations so that the average neighbor, under normal circumstances, will not be aware of the existence of the Home Occupation. The burden of proof shall be on the Applicant to demonstrate that the standards will be met. Based upon the potential nuisances of a proposed Home Occupation not specifically permitted by this Section, the Borough Zoning Officer may determine that a particular type or intensity of use is unsuitable to be a Home Occupation or that the proposed lot area or setbacks are not adequate. The following standards shall apply:
A. 
The Home Occupation must be conducted entirely inside a building and shall be clearly incidental and secondary to the use of the dwelling as a residence;
B. 
The total area used by all Home Occupations on the premises does not exceed 35% of the Gross Floor Area of the dwelling unit, including basement, and 600 square feet of an accessory structure;
C. 
No outdoor display or display visible from outdoors, or outdoor storage of materials, goods, products, supplies, or equipment used in the Home Occupation(s) shall be permitted;
D. 
There shall be no evidence visible from outside the dwelling (show windows, business displays, advertising, etc.) that the residence is being operated as a Home Occupation except for the required parking area and permitted sign;
E. 
No external structural alterations, which are not customary to a residential building, shall be allowed;
F. 
Only members of the family residing in the dwelling shall conduct the Home Occupation and not more than two persons other than residents of the dwelling shall be employed on the premises;
G. 
Off-Street Parking shall be provided on the premises as required by this Chapter to prevent parking on any public or private street right-of-way under Part 7 of this Chapter;
H. 
No Home Occupation use shall generate nuisances such as traffic, noise, vibration, glare, odors, fumes, electrical interference, or hazards to any greater extent than what is usually experienced in the residential neighborhood;
I. 
No goods or items for retail or wholesale sale shall be permitted except for items hand-crafted on the premises or goods and items incidental to the operation of an approved Home Occupation with the total display and/or storage area limited to 200 square feet;
J. 
The use shall not involve the parking of more than one truck of any type on the lot or on adjacent streets at any period of time. The use shall not require the parking or servicing by a vehicle with more than 26,000 pounds registered gross vehicle weight, except for deliveries and/or pick-ups of a maximum of two times per day;
K. 
For Home Occupation Signage, see Part 8, § 27-805, Subsection 6;
L. 
§ 27-600, Performance Standards, shall also apply to Home Occupations;
M. 
The following uses shall not be permitted as Home Occupations:
(1) 
Adult Related Uses;
(2) 
Veterinarians;
(3) 
Commercial Kennels;
(4) 
Motor Vehicle or Small Engine Repair Shops;
(5) 
Retail or Wholesale Sales;
(6) 
Restaurant; and
(7) 
Funeral Homes.
N. 
The following types of uses shall be permitted as Accessory Uses (AC) in all Districts. All other applications for Home Occupations not specifically enumerated as permitted shall be considered Conditional Uses (CD), except that the uses enumerated in Subsection 2M of this Section shall be prohibited:
(1) 
Professional Offices for individual practitioners;
(2) 
Rooming and/or housing of not more than two persons;
(3) 
Custom dressmaking or tailoring;
(4) 
Foster family care for not more than four children simultaneously;
(5) 
Day Care that provides care for six or fewer children at any one time who are not relatives of the caregiver;
(6) 
Tutoring for not more than four children simultaneously;
(7) 
Mail order or sales businesses not involving customer contact on the premises or wholesale brokering not involving stock on the premises;
(8) 
Businesses involving the use of personal computers for sales or services and which do not involve customer contact on the premises; and
(9) 
Single chair beauty shops and barbershops.

§ 27-530 Kennels (Commercial).

[Ord. 578, 3/9/2015]
1. 
Kennels shall be Permitted by Right (PR) in the Industrial (I) zone, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
All Kennels shall comply with all applicable State Codes and Regulations;
C. 
All buildings in which animals are housed and all runs shall be located at least 100 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot line;
D. 
Off-Street Parking shall be provided in accordance with Part 7 of this Chapter;
E. 
Outdoor runs may be provided if screening is provided in accordance with § 27-602 of this Chapter;
F. 
No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.; and
G. 
Private Kennels, as defined in Part 2 of this Chapter, shall be exempt from the above standards; provided, that the property owner provides a written statement to the Canton Borough Zoning Officer that the dogs contained within the Private Kennel will be owned and maintained for hunting purposes.

§ 27-531 Massage Therapy Establishment.

[Ord. 578, 3/9/2015]
1. 
Massage Therapy Establishments shall be Permitted by Right (PR) in the Central Business District (CB) zone, subject to the following criteria:
A. 
State and/or National Certification or approved equivalent shall be required for all employees, excluding administrative staff. All State and/or National Certification or approved equivalent shall be submitted to the Borough Zoning Officer prior to issuance of a Zoning Permit;
B. 
Hours of operation shall be from 8:00 a.m. up to 8:00 p.m.; and
C. 
A Massage Therapy Establishment shall operate in compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania.

§ 27-532 Medical/Dental Office Buildings and Testing Laboratories (Including Mobile Units).

[Ord. 578, 3/9/2015]
1. 
Medical/Dental Office Buildings and Testing Laboratories (Including Mobile Units) shall be Permitted by Right (PR) in the Commercial (C1) zone, subject to the following criteria:
A. 
The building shall be occupied and used only by persons licensed to practice the healing arts in the Commonwealth of Pennsylvania, and their staffs;
B. 
A Buffer Yard/Screen Planting shall be provided in accordance with § 27-602 of this Chapter;
C. 
Off-Street Parking shall be provided in accordance with Part 7 of this Chapter; and
D. 
Any accessory services including laboratories and pharmacies for the use of patients visiting medical practitioners in the clinic may be permitted as part of the clinic facility subject to the following specific conditions:
(1) 
All entrances to parts of the building in which these accessory services are provided shall be from within the building and shall not be directly accessible without passing through the building; and
(2) 
The hours during which these services are provided shall be the same as those during the regular operation hours of the principal clinic.

§ 27-533 Mini Self-Storage Units.

[Ord. 578, 3/9/2015]
1. 
Mini Self-Storage Units shall be Permitted by Right (PR) in the Commercial (C1) and Industrial (I) zones, subject to the following provisions:
A. 
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 26 feet wide when cubicles open onto one side of the lane only, and at least 30 feet wide when cubicles open onto both sides of the lane;
C. 
Required parking spaces may not be rented as, or used for, vehicular storage. However, additional external storage area may be provided for the storage of privately owned travel trailers and/or boats, so long as such external storage area is screened from adjoining residentially zoned land, residential uses and adjoining roads and is located behind building walls closest to street right-of-way. This Provision shall not be interpreted to permit the storage of partially dismantled, wrecked or inoperative vehicles;
D. 
All storage shall be kept within an enclosed building except that the storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatus relying upon such fuels shall be stored only in external storage areas as described above;
E. 
An on-site manager shall not be required, but recommended, to be on the site on a full-time basis and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval and all applicable ordinances. In addition, full-time surveillance consisting of either security cameras or on-site residence shall be provided. Any dwelling for a resident manager shall comply with all requirements of the underlying zoning district and shall be entitled to all residential accessory uses provided in this Chapter;
F. 
A Buffer Yard/Screen Planting shall be provided along abutting residentially zoned property(ies) in accordance with § 27-602 of this Chapter; and
G. 
Mini Self-Storage Units shall be used solely for the storage of property. The following examples are uses expressly prohibited upon the site:
(1) 
Auctions (except those as a result of default by renters), commercial wholesale or retail sales or garage sales;
(2) 
The servicing, repair or fabrication of motor vehicles, boats, trailers, lawnmowers, appliances or other similar equipment;
(3) 
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment;
(4) 
The establishment of a transfer and storage business; and
(5) 
Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations. The Applicant shall adequately demonstrate that all Mini Self-Storage Units and/or use contracts shall specifically prohibit these uses.

§ 27-534 Mixed Uses.

[Ord. 578, 3/9/2015]
1. 
When two or more Principal Uses occupy the same lot, but not the same building, all parking, lot area, lot width, building setbacks, height, and building area requirements shall be provided so that the requirements pertaining to each use will be met in full; and
2. 
Where applicable, shared parking and shared access shall be encouraged with Mixed Use developments.

§ 27-535 Mobile Home Courts/Parks.

[Ord. 578, 3/9/2015]
1. 
Mobile Home Courts/Parks shall be Permitted by Right (PR) in the Mobile Home Park (MHP) zone, subject to the following criteria:
A. 
Mobile Home Courts/Parks shall be developed and approved in accordance with regulations set forth in the Bradford County Subdivision and Land Development Ordinance, Article VI, Sections 601 through 606;
B. 
Minimum lot area shall be not less than five acres;
C. 
Mobile Home Courts/Park lots shall be not less than 65 feet wide measured at the minimum required setback line nor less than 7,200 square feet in area, per manufactured/mobile home unit, exclusive of streets and other public areas;
D. 
Mobile Home Courts/Parks must be approved, where a municipal sewer and water connection is available, by the Canton Municipal Authority;
E. 
Minimum building setback line from the cartway line of a private street shall be 20 feet;
F. 
The minimum spacing between Manufactured/Mobile home units, including attached accessory structures, shall be no less than 20 feet. On a corner lot, the side yard abutting the street shall have a width equal to the depth of the front yard required and shall be subject to all front yard requirements of this Chapter;
G. 
The minimum rear yard for each lot shall be 10 feet;
H. 
Detached accessory structures shall be located on the lot no closer than five feet from a Manufactured/Mobile Home and shall comply with the required front, side, and rear setback lines;
I. 
Manufactured/Mobile Home units shall not be located closer than 25 feet from the Court/Park property or lot lines to the side and rear not adjacent to a street. Units adjacent to public streets shall not be located closer than 35 feet to the right-of-way line and shall contain a Buffer Yard in accordance with § 27-602 of this Chapter;
J. 
Off-Street Parking and Loading spaces shall be provided in accordance with Part 7 of this Chapter;
K. 
Not less than 10% of the total land area shall be provided for usable Open Space. Such space shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located and easily accessible to all park residents; and
L. 
Such Open Space shall be maintained with a durable vegetative cover that is capable of preventing soil erosion and the emanation of dust during dry weather.

§ 27-536 Motels, Hotels and Similar Lodging Facilities.

[Ord. 578, 3/9/2015]
1. 
Motels, Hotels and Similar Lodging Facilities shall be Permitted by Right (PR) in the Commercial (C1) zone, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
Off-Street Parking and Loading spaces shall be provided for the Motel, Hotel and Similar Lodging Facility, in addition to other accessory facilities developed as part of the Motel/Hotel premises, in accordance with Part 7 of this Chapter;
C. 
Motels, Hotels and Similar Lodging Facilities must be approved, where a municipal sewer and water connection is available, by the Canton Municipal Authority;
D. 
The following Accessory Uses (AC) may be approved as part of the application:
(1) 
Auditorium;
(2) 
Barber and Beauty Shops;
(3) 
Gift Shop;
(4) 
Meeting Facilities;
(5) 
Recreational Uses and Swimming Pools;
(6) 
Restaurants;
(7) 
Sauna, Spa or Steam Room;
(8) 
Solarium;
(9) 
Valetshop; and
(10) 
Other similar retail sales and personal services.
E. 
The Accessory Uses (AC) listed in Subsection 1D of this Section aside from outdoor recreational uses shall be physically attached to the main hotel building except that one freestanding Restaurant shall be permitted on the same lot as a Principal or Permitted Hotel subject to the following:
(1) 
The proposed Restaurant shall offer the preparation and serving of food and drink to be consumed on the premises;
(2) 
No drive-thru or take-out services shall be permitted;
(3) 
No additional freestanding signs other than those permitted for the principal hotel use shall be permitted; and
(4) 
Sufficient required Off-Street Parking spaces have been provided and located to conveniently serve the freestanding Restaurant without interfering with required Off-Street Parking associated with the Motel/Hotel use.

§ 27-537 Museums and Cultural Facilities.

[Ord. 578, 3/9/2015]
1. 
Museums and Cultural Facilities shall be permitted as Conditional Uses (CD) in the Low Density Residential (R1) and Medium Density Residential (R2) zones and Permitted by Right (PR) in the Central Business District (CB) zone, subject to the following criteria:
A. 
Such Museums and Cultural Facilities shall focus primarily upon State or local history, events or artists; and
B. 
Such Museums and Cultural Facilities shall be designed and constructed with an exterior appearance that is in harmony with the nature of the district.

§ 27-538 Natural Gas Processing Plants.

[Ord. 578, 3/9/2015]
1. 
Natural Gas Processing Plants are Permitted by Right (PR) in the Industrial (I) zone intended for the reasonable development of oil and gas resources in Canton Borough, subject to the following criteria:
A. 
Minimum lot area shall be 10 acres;
B. 
Building and Noise Control.
(1) 
Acoustically Designed Building. All associated mechanical equipment shall be located within a fully enclosed, acoustically designed building; and
(2) 
Noise Control. The Noise Level does not exceed a noise standard of 60 dbA at the nearest lot line or the applicable standard imposed by Federal law, whichever is less.
C. 
The following setbacks shall be maintained for Natural Gas Processing Plant Buildings:
(1) 
Shall be located 750 feet from the nearest existing building or 200 feet from the nearest lot line, whichever is greater, unless waived by the owner of the building or adjoining lot.
D. 
A Buffer of undisturbed area of not less than 50 feet in width shall be maintained along all lot lines and road rights-of-way to provide a Buffer and shall not be used for parking, storage or any other purpose except landscaping and crossing of access roads. In determining the type and extent of the Buffer required, the Borough shall take into consideration the design of the project structure(s) and site, topographic features which may provide natural buffering, existing natural vegetation, and the relationship of the proposed project to adjoining areas;
E. 
Any required landscaped Buffer may be installed in the setback area, and shall consist of trees, shrubbery and other vegetation and shall be a minimum of 25 feet wide;
F. 
Design details of Buffers shall be included on the Site Plan, and buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for Land Developments in the Bradford County Subdivision and Land Development Ordinance;
G. 
It shall be the responsibility of the property or lot owner to maintain all buffers in good condition, free of rubbish, and replace any dying or dead plants or deteriorating landscape material;
H. 
The Natural Gas Processing Plant Building perimeter shall be enclosed by a six-foot high security fence in compliance with § 27-605 of this Chapter;
I. 
All operations shall comply with all applicable local, State and Federal laws and rules and regulations. No Zoning Permit shall be issued until such time as the Applicant provides evidence of compliance with State and Federal regulations; and
J. 
For any facility approved by the Borough, the operator shall submit to the Borough copies of all Department of Environmental Protection required or issued permits, documents and reports associated with the operation.

§ 27-539 No Impact Home-Based Business.

[Ord. 578, 3/9/2015]
1. 
No Impact Home-Based Businesses shall be Permitted by Right (PR) in the Low Density Residential (R1), Medium Density Residential (R2) and Mobile Home Park (MHP) zones, subject to the following criteria:
A. 
The business activity shall be compatible with the residential use of the property or lot and 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 of 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 may 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 may 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 may not occupy more than 25% of the habitable floor area; and
H. 
The business may not involve any illegal activity.

§ 27-540 Nonresidential Conversion.

[Ord. 578, 3/9/2015]
1. 
The conversion of a residential dwelling in any district into a permitted nonresidential use is permitted subject to the following regulations:
A. 
The proposed use shall comply with the yard, area, off-street parking, and other requirements of the applicable district;
B. 
No existing yards or required open space shall be reduced to less than the requirements of the applicable district governing a permitted use;
C. 
No living accommodation or sleeping quarters shall be authorized except such as accessory use as is permitted in the applicable district;
D. 
The Off-Street Parking and Sign regulations shall apply for the permitted nonresidential use under Parts of this Chapter; and
E. 
All other supplemental regulations of this Chapter applicable to the proposed use shall apply.

§ 27-541 Nursery School.

[Ord. 578, 3/9/2015]
1. 
Nursery Schools shall be permitted as a Special Exception (SE) in the Low Density Residential (R1), Medium Density Residential (R2) and Central Business District (CB) zones, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
Nursery Schools must be approved, where a municipal sewer and water connection is available, by the Canton Municipal Authority;
C. 
The use shall comply with applicable State and Federal regulations, including having an appropriate Pennsylvania Department of Public Welfare registration certificate or license, if required;
D. 
Passenger "drop-off" and "pick-up" areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site;
E. 
Outside play areas in residential districts shall be limited to use between 8:00 a.m. and 8:00 p.m. No portion of an outside play area shall be less than 30 feet from an existing occupied dwelling without the owner's written consent; and
F. 
Within the Low Density Residential (R1) and Medium Density Residential (R2) zones, any permitted Nursery School shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.

§ 27-542 Nursing Homes (Senior/Disabled Housing).

[Ord. 578, 3/9/2015]
1. 
Nursing Homes shall be permitted as a Special Exception (SE) in the Low Density Residential (R1) and Medium Density Residential (R2) zones, subject to the following criteria:
A. 
The facility shall be constructed and operated in accordance with all applicable licensing requirements set forth by the Commonwealth of Pennsylvania;
B. 
Nursing Homes must be approved, where a municipal sewer and water connection is available, by the Canton Municipal Authority;
C. 
The facility shall contain 30 or more dwelling units, attached side by side for use of common party walls for single-family dwelling units. Rooms or suites may be designed for housekeeping purposes; however, a central kitchen, central dining facilities, and central recreational facilities shall be provided;
D. 
All living facilities must be connected to the central facilities through internal passageways (i.e., common stairwells, hallways, corridors, elevators, etc.);
E. 
Twenty-four-hour staff shall be required;
F. 
At least 10% of required parking spaces shall be designed for handicapped persons; and
G. 
Service areas and facilities shall not be located closer than 100 feet from a residential use.

§ 27-543 Oil and Gas (Unconventional) Well Pad Development.

[Ord. 578, 3/9/2015]
1. 
It is intended for the reasonable development of oil and gas resources in Canton Borough, as Oil and Gas (Unconventional) Well Pad Development shall be permitted as a Conditional Use (CD) in the Industrial (I) district. In addition, the following standards shall apply:
A. 
Minimum lot area shall be five acres;
B. 
The outer edge of the Oil and Gas (Unconventional) Well Pad must be at least 300 feet from any existing building;
C. 
Oil and Gas (Unconventional) Well Pad Development, other than the placement, use and repair of oil and gas pipelines, water pipelines, access road and security facilities must be located at least 300 feet from any existing building; and
D. 
No Oil and Gas (Unconventional) Well may be drilled within 1,000 feet of any existing water well, surface water intake, reservoir or other water supply extraction point in the Borough without written consent of the applicable water purveyor or unless a Variance is granted by the PA Department of Environmental Protection as part of the permit review process, nor shall any Oil and Gas (Unconventional) Well be drilled within 300 feet of any stream, spring, body of water or wetland greater than one acre in size.

§ 27-544 Outdoor Fuel Burning Appliances.

[Ord. 578, 3/9/2015]
Outdoor Fuel Burning Appliances shall be permitted as an Accessory Use (AC) in the Low Density Residential (R1), Medium Density Residential (R2), Commercial (C1) and Industrial (I) zones, subject to the criteria set forth in Canton Borough Ordinance, Part 4, Outdoor Fuel Burning Appliances (10/9/2007) and any future amendments.

§ 27-545 Personal Care Homes.

[Ord. 578, 3/9/2015]
1. 
Personal Care Homes shall be permitted as a Special Exception (SE) in the Low Density Residential (R1) and Medium Density Residential (R2) zones, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
Personal Care Homes must be approved, where a municipal sewer and water connection is available, by the Canton Municipal Authority;
C. 
The facility shall be constructed and operated in accordance with all applicable licensing requirements set forth by the Commonwealth of Pennsylvania;
D. 
No more than two persons at a time shall reside in any room designated for overnight visits;
E. 
The minimum front and rear yard setbacks shall be not less than 20 feet;
F. 
A Buffer Yard of no less than 15 feet in width shall be established along rear and side yards abutting residential uses; and
G. 
Off-Street Parking shall be provided in accordance with Part 7 of this Chapter.

§ 27-546 Pipe Yard and Equipment Staging Areas.

[Ord. 578, 3/9/2015]
1. 
Pipe Yards and Equipment Staging Areas shall be Permitted by Right (PR) in the Commercial (C1) and Industrial (I) zones, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
Unhoused equipment and piping material shall be enclosed within a chain link fence six feet in height;
C. 
Repair and maintenance activity requiring use of equipment that will generate noise, odors or glare beyond the property or lot boundaries will be conducted within a building, or outdoors during the hours of 8:00 a.m. to 6:00 p.m. Monday through Friday;
D. 
No flammable or explosive liquids, solids or gases shall be stored in bulk above ground, except for tanks of fuel directly connected to energy or heating devices;
E. 
No materials or wastes shall be deposited upon a property or lot in such form or manner that they may be transferred off the property or lot by any reasonably foreseeable natural causes or forces;
F. 
Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way;
G. 
The Pipe Yard and Equipment Staging Area shall not be situated any closer than 300 feet from any existing residential dwelling; and
H. 
Any lighting of the Pipe Yard and Equipment Staging Area shall be pointed downward and inward to the property or lot center and shaded to prevent direct reflection on adjacent property(ies) or lot(s).

§ 27-547 Public/Semi-Public Swimming Pools.

[Ord. 578, 3/9/2015]
1. 
Public/Semi-Public Swimming Pool shall be Permitted by Right (PR) in the Open Space (OS) zone, subject to the following criteria:
A. 
A Public/Semi-Public Swimming Pool's hours of operation and activities shall be appropriately scheduled to protect the existing and surrounding neighborhood from detrimental noise, disturbance or interruption;
B. 
A registered lifeguard shall be on duty at all times when the swimming pool is being used; and
C. 
A plan for ingress and egress shall be presented inclusive of anticipated peak hour rates and vehicular directional movements and provided to the Borough Zoning Officer.

§ 27-548 Public Utility Facilities.

[Ord. 578, 3/9/2015]
1. 
Public Utility Facilities shall be permitted in any District without regard to the use and area regulations with exception to building height; provided, however, that buildings or structures erected for these utilities shall be subject to the following regulations:
A. 
Front yards shall be provided in accordance with the regulations of the District in which the Facility is located. Side and rear yards shall be a minimum of 10 feet;
B. 
Height restrictions shall be required by the District regulations;
C. 
Unhoused equipment shall be enclosed within a chain link fence six feet in height topped with barbed wire;
D. 
When equipment is totally enclosed within a building, no fence or screen planting shall be required and the yards shall be maintained in accordance with the District in which the Facility is located; and
E. 
The external design of the building shall be in conformity with the buildings in the District.

§ 27-549 Residential Treatment Facility.

[Ord. 578, 3/9/2015]
1. 
Residential Treatment Facilities shall be permitted as a Conditional Use (CD) in the Low Density Residential (R1) and Medium Density Residential (R2) zones, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
Residential Treatment Facilities shall not exceed 15 residents;
C. 
A Residential Treatment Facility shall not be located within 800 feet of an existing Residential Treatment Facility. The lot containing a Residential Treatment Facility shall be located a minimum of 500 feet from a lot line of a lot occupied by each of the following: a school, public park or playground and day care center;
D. 
Residential Treatment Facilities shall meet the following requirements:
(1) 
Proof of adequate supervision by people qualified by training and experience in the field for which the Facility is intended shall be provided;
(2) 
The Facility must comply with the PA Uniform Construction Code with respect to emergency lighting, smoke detectors, exit lights, and other safety devices;
(3) 
All services provided on site shall be contained within the structure and operated by a nonprofit, charitable, or for-profit organization;
(4) 
The Applicant for these Facilities shall submit, with its Conditional Use (CD) application, a plan outlining in detail the management of the Facility. This shall include information on personnel, supervision, hours of operation, services provided, rules and regulations, and any other information pertinent to the operation of the Facility;
E. 
The Applicant shall provide a written description of all conditions that will cause persons to occupy the use during the life of the permit. Any future additions to this list shall require an additional Conditional Use (CD) approval;
F. 
The Applicant shall prove to the satisfaction of the Canton Borough Council that the use will involve adequate on-site supervision and security measures to protect public safety. If any applicable County, State, Federal or professional association standards provide guidance on the type of supervision that is needed, the proposed supervision shall be compared to such standards; and
G. 
The Canton Borough Council may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.

§ 27-550 Restaurants.

[Ord. 578, 3/9/2015]
1. 
Restaurants shall be Permitted by Right (PR) in the Central Business District (CB) and Commercial (C1) zones, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
Restaurants must be approved, where a municipal sewer and water connection is available, by the Canton Municipal Authority;
C. 
Exterior trash receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. All applications shall include a description of a working plan for the clean-up of litter;
D. 
Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties;
E. 
All exterior seating play areas shall be completely enclosed by a minimum three-foot high fence and comply with § 27-605; and
F. 
A Buffer Yard of no less than 15 feet in width shall be established along rear and side yards abutting residential uses.

§ 27-551 Sawmill Operation.

[Ord. 578, 3/9/2015]
1. 
Sawmill Operations shall be Permitted by Right (PR) in the Industrial (I) zone, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
All cutting, sawing, grinding, or other processing shall be conducted within a completely enclosed building;
C. 
Litter control shall be exercised to prevent the scattering of windborne debris and a working plan for the cleanup of litter shall be submitted to the Borough Zoning Officer;
D. 
No materials shall be deposited or stored, and no building or structure shall be located, within 200 feet of any property line;
E. 
Any external area used for the unloading/loading, transfer, storage or deposition of material must be provided with buffering, landscaping and screening in accordance with § 27-602 of this Chapter;
F. 
All facilities shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting will not have to back upon onto public roads;
G. 
All access drives serving the site shall have a paved minimum thirty-two-foot wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a fifty-foot long gravel section of access drive should be placed just beyond the preceding 200-foot paved section to help collect any mud that may have attached to a vehicle's wheels. The owner and/or operator shall be responsible for removing any mud from public roads caused by persons traveling from the site;
H. 
In general, access drives shall intersect public streets at 90° as site conditions permit, however in no case shall access drives intersect public streets at less than 70°. Said angle shall be measured from the center line of the street to the center line of the access drive; and
I. 
All features of the Sawmill operation shall comply with the standards set forth in Part 6, Performance Standards, of this Chapter, § 27-600, Subsections 1 through 10.

§ 27-552 Shooting and Archery Ranges - Indoor.

[Ord. 578, 3/9/2015]
1. 
Shooting and Archery Ranges - Indoor shall be Permitted by Right (PR) in the Commercial (C1) zone, subject to the following criteria:
A. 
Lot area shall be determined on the basis of building size, yard requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
A Development Plan shall identify the Safety Fan for each firing range. The Safety Fan shall include the area necessary to contain all projectiles including direct fire and ricochet. The Safety Fan configuration shall be based upon qualified expert testimony regarding the trajectory of the bullet and the design, effectiveness of berms, overhead baffles, or other safety barriers to contain projectiles to the Safety Fan;
C. 
The Applicant shall present expert testimony to establish that sufficient soundproofing shall be provided to render the sound of discharge of any Firearm inaudible when outside the building in which the Indoor Shooting Range is located; and
D. 
All operations shall be conducted in accordance with "National Rifle Association Range Sourcebook" and operation plan provided to the Borough Zoning Officer.

§ 27-553 Solar Collectors and Arrays.

[Ord. 578, 3/9/2015]
1. 
Solar Collectors and Arrays shall be Permitted as an Accessory Use (AC) in all Zoning Districts within the Borough, subject to the following criteria:
A. 
PA Uniform Construction Code building permits shall be required for installation of rooftop and building-mounted Solar Collectors;
B. 
Ground-mounted and freestanding Solar Collectors and arrays are permitted subject to the following requirements:
(1) 
The location of the Solar Collector or Array meets all applicable setback requirements of the District in which it is located;
(2) 
The height of the solar collector and any mounts shall not exceed 20 feet when oriented at maximum tilt;
(3) 
The total surface area of all ground-mounted and freestanding Solar Collectors and Arrays on the lot shall not exceed 1,000 square feet; and
(4) 
A PA Uniform Construction Code building permit has been obtained for the Solar Collector.
C. 
Where Site Plan approval is required for a development or activity, the Site Plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed Solar Collectors;
D. 
All Solar Collector and Array installations must be performed by a qualified solar installer, and prior to operation, the electrical connections must be inspected by the designated Third Party Inspection Agency and by an appropriate electrical inspection person or agency, as determined by the Borough Zoning Officer. In addition, any connection to the public utility grid must be inspected by the appropriate public utility;
E. 
When solar storage batteries are included as part of the Solar Collector system, they must be placed in a secure container or enclosure; and
F. 
If a Solar Collector or Array ceases to perform its originally intended function for more than 12 consecutive months, the property or lot owner shall remove the collector, mount battery container and associated equipment and facilities by no later than 90 days after the end of the twelve-month period.

§ 27-554 Swimming Pools (Private).

[Ord. 578, 3/9/2015]
1. 
Swimming Pools (Private) shall be Permitted as an Accessory Use (AC) in the Low Density Residential (R1) and Medium Density Residential (R2) zones, subject to the following criteria:
A. 
The pool is intended, and is to be used, solely for the enjoyment of the occupants of the principal use of the property or lot on which it is located, including guests;
B. 
It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than five feet to any lot line, nor shall it be nearer to any street line upon which the residence abuts than the existing setback line. In no case shall it be any closer than 20 feet from any street right-of-way;
C. 
All permanent in-ground Swimming Pools (Private) now existing or hereafter constructed, installed, established or maintained, shall comply with the Canton Borough Swimming Pool Ordinance, Part 1, Construction, Maintenance and Use of Private Swimming Pools and the PA Uniform Construction Code requirements for In-Ground Residential Swimming Pools and Above Ground and Storable Swimming Pool Pools, provided by the Canton Borough Zoning Officer;
D. 
Water may not be discharged from a Swimming Pool unless discharged so as not to flow onto adjacent properties or lots or right-of-way. Any pool proposed to be drained shall contact the Canton Borough Zoning Officer for proper disposal;
E. 
Enclosed indoor pools must comply with applicable regulations pertaining to accessory structures; and
F. 
Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties or lots so that no beam of light, only diffused or reflected light, enters adjoining properties or lot.

§ 27-555 Tattoo/Body Piercing Parlors.

[Ord. 578, 3/9/2015]
1. 
Tattoo parlors shall be Permitted by Right (PR) in the Central Business District (CB) zone, subject to the following criteria:
A. 
No person, organization, or corporation may operate a tattoo parlor unless it has obtained a Certificate of Registration from the Pennsylvania Department of Health. Such Certificate shall be obtained annually and shall not be transferable;
B. 
The current Certificate shall be posted in a prominent and conspicuous area where patrons may readily see it;
C. 
It shall be unlawful for any person to engage in the business of operating a Tattoo/ Body Piercing Parlor without first obtaining a permit to engage in such business in accordance with the provisions in this Part;
D. 
The room in which tattoo procedures are conducted shall have an area of not less than 100 square feet;
E. 
The Tattoo/Body Piercing Parlor shall take all measures necessary to ensure against the presence or breeding of insects, vermin, and rodents within the establishment. Pest control records are to be available during normal business hours;
F. 
The Tattoo/Body Piercing Parlor shall provide the Zoning Officer with proper facilities for the disposal of waste materials; and
G. 
The establishment shall have a cleaning area which shall have an area for the placement of an autoclave or other sterilization unit.

§ 27-556 Temporary Uses (Special Events).

[Ord. 578, 3/9/2015]
1. 
Temporary Uses (Special Events) are Permitted by Right (PR) in all Zoning Districts, subject to the following criteria:
A. 
Special Events include Temporary Uses such as carnivals, circuses, festivals, fairs, horse shows, dog shows, steeplechases, outdoor religious meetings, rodeos, outdoor concerts, tractor pulls, special outdoor entertainment on commercial properties or lots, and other similar activities;
B. 
Activities which are sponsored by an organization, including, but not limited to, volunteer fire companies, local chambers of commerce, veterans' organizations, service clubs, civic organizations, churches or religious organizations, sports or hunting clubs, charitable, educational, or nonprofit organizations or recognized chapter thereof, will be required to obtain a Temporary Zoning Permit;
C. 
A Temporary Zoning Permit may be issued for a period not to exceed five consecutive days;
D. 
The access to the lot shall be adequate for the crowds anticipated;
E. 
Adequate water and sanitary facilities must be supplied to the site. Light, noise, and dust from the activity shall be confined within the site;
F. 
Adequate parking shall be provided for the anticipated number of vehicles; and
G. 
At the end of the allowed time period, the Temporary Use and all debris shall be removed. The Canton Borough Zoning Officer may require a signed contract with a disposal firm as part of the application for the Temporary Use to ensure that all debris is removed. A new permit allowing the same Temporary Use at the same location may not be issued for a period of one-month from the date that the original permit was issued. It is not intended to restrict a different Applicant for a similar Temporary Use.

§ 27-557 Uses Not Provided For.

[Ord. 578, 3/9/2015]
Uses Not Provided For within this Chapter shall follow procedures set forth under Part 3, § 27-305, Uses Not Provided For, of this Chapter.

§ 27-558 Warehousing and Distribution Facilities.

[Ord. 578, 3/9/2015]
1. 
Warehousing and Distribution Facilities shall be Permitted by Right (PR) in the Industrial (I) zone, subject to the following criteria:
A. 
Minimum lot area shall be five acres;
B. 
Off-Street Parking and Loading spaces shall be provided for the Warehousing and Distribution Facility in accordance with Part 7;
C. 
The Applicant shall provide the Borough Zoning Officer a detailed description of the proposed use in each of the following topics and a complete Land Development application shall be submitted to the Bradford County Planning Commission:
(1) 
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials and the methods for disposal of any surplus or damaged materials. In addition, the Applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with State and Federal regulations;
(2) 
The general scale of operation in terms of its market area, specific floor space requirements for each activity, the total number of employees of each shift, and an overall needed site size or area; and
(3) 
Any environmental impacts that are likely to be generated (e.g., noise, smoke, dust, litter, glare, outdoor lighting, vibration, electrical disturbance, waste water, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The Applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by Part 6 and all other applicable laws and ordinances.
D. 
Retail sales shall not exceed 20% of the gross floor area;
E. 
Outdoor storage of materials is prohibited, unless enclosed within a fenced area (in accordance with § 27-605) located in the rear yard and a minimum of 30 feet from all lot lines and screened with landscaped buffer plantings in accordance with this Chapter. The maximum area for outdoor storage shall be 750 square feet; and
F. 
Screening and a thirty-foot landscaped buffer shall be provided from any loading/unloading dock area that adjoins any Residential Zoning District and/or existing dwelling.

§ 27-559 Water Impoundment.

[Ord. 578, 3/9/2015]
1. 
Water Impoundments shall be permitted as a Conditional Use (CD) in the Industrial (I) zone intended for the reasonable development of oil and gas resources in Canton Borough, subject to the following criteria:
A. 
Minimum lot area shall be 10 acres;
B. 
Hours of Operation shall be 8:00 a.m. until 8:00 p.m.;
C. 
All water hauling vehicle parking and staging shall be contained on the facility property or lot. In addition, the Applicant shall demonstrate adequate circulation and turning radii for water hauling vehicles accessing fill hydrants;
D. 
A Water Impoundment shall contain a maximum of two fill hydrants for water hauling vehicles;
E. 
Water Impoundments shall not be located closer than 300 feet from an existing building;
F. 
The Water Impoundment perimeter shall be enclosed by a six-foot high security fence in compliance with § 27-605 of this Chapter with a locked gate for company access only. The company shall also attach life preservers at equidistant points around the perimeter and a rope ladder leading up slope, out of the impoundment, to an area free of water and impoundment liner;
G. 
All proposed improvements for a proposed Water Impoundment shall comply with § 27-600, Performance Standards, Applicable to All Nonresidential Uses under this Chapter;
H. 
Any lighting of the Water Impoundment shall be pointed downward and inward to the property or lot center and shaded to prevent direct reflection on adjacent property or lot;
I. 
The Applicant shall provide all other necessary information to enable the Borough to assess the environmental, community and other public health, safety and welfare effects of the proposed operation. The Applicant shall provide the following:
(1) 
Application Information. All required application information, and all other necessary information to enable the Borough to assess compliance with this Chapter; and
(2) 
Susquehanna River Basin Commission (SRBC) Approval by Rule. A copy of all applications and information required by the applicable SRBC Rules and Regulations for Water Withdrawal.
J. 
Evidence of Erosion and Sedimentation submission and plan review by the Bradford County Conservation District;
K. 
Any individual Water Impoundment, not located within an Oil and Gas (Unconventional) Well Pad, shall not be located within the FEMA designated floodway;
L. 
Where applicable, ingress, egress and regress off of State Highways shall comply with all applicable PENNDOT, Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads. No Zoning Permit shall be issued until such time as the Applicant provides evidence of compliance with a PENNDOT Highway Occupancy Permit; and
M. 
A Buffer or Screening of undisturbed area of not less than 25 feet in width shall be maintained along all lot lines and road rights-of-way to provide a Buffer and shall not be used for parking, storage or any other purpose except landscaping and crossing of access roads. In determining the type and extent of the Buffer required, the Borough shall take into consideration the design of the project structure(s) and site, topographic features which may provide natural buffering, existing natural vegetation, and the relationship of the proposed project to adjoining areas.

§ 27-560 Water Treatment Facility (Hydrofracking Fluids).

[Ord. 578, 3/9/2015]
1. 
Water Treatment Facilities shall be permitted as a Conditional Use (CD) in the Industrial (I) zone, subject to the following criteria:
A. 
Minimum lot area shall be 10 acres;
B. 
All water hauling vehicle parking and staging shall be contained on the facility property or lot. In addition, the Applicant shall demonstrate adequate circulation and turning radii for water hauling vehicles accessing intake and fill points;
C. 
All proposed improvements for a proposed Water Treatment Facility shall comply with § 27-600, Performance Standards, Applicable to All Nonresidential Uses under this Chapter;
D. 
A Buffer or Screening of undisturbed area of not less than 50 feet in width shall be maintained along all lot lines and road rights-of-way to provide a Buffer and shall not be used for parking, storage or any other purpose except landscaping and crossing of access roads. In determining the type and extent of the Buffer required, the Borough shall take into consideration the design of the project structure(s) and site, topographic features which may provide natural buffering, existing natural vegetation, and the relationship of the proposed project to adjoining areas;
E. 
Any required landscaped buffer may be installed in the setback area, and shall consist of trees, shrubbery and other vegetation and shall be a minimum of 25 feet wide;
F. 
The Water Treatment Facility property or lot perimeter shall be enclosed by a six-foot high security fence in compliance with § 27-605 of this Chapter;
G. 
Any lighting of the Water Treatment Facility shall be pointed downward and inward to the property or lot center and shaded to prevent direct reflection on adjacent property or lot;
H. 
At the building setback line, the Facility shall include an elevated earthen berm that is a minimum of three feet higher than the finished elevation of Water Treatment ponds and Facilities. The berm must have a crown width of at least three feet and may not have a slope steeper than a three to one ratio;
I. 
The Applicant shall provide all other necessary information to enable the Borough to assess the environmental, community and other public health, safety and welfare effects of the proposed operation. The Applicant shall provide the following:
(1) 
Application Information. All required application information, and all other necessary information to enable the Borough to assess compliance with this Chapter; and
(2) 
Department of Environmental Protection (DEP) Application Information. A copy of the WMGR123 application and information required by the applicable DEP Rules and Regulations.
J. 
For any Water Treatment Facility approved by the Borough, the operator shall submit to the Borough copies of all Department of Environmental Protection required or Department of Environmental Protection issued documents and reports associated with the operation, within 15 days of the date of the document or report; and
K. 
Where applicable, ingress, egress and regress off of State Highways shall comply with all applicable PENNDOT, Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads. No Zoning Permit shall be issued until such time as the Applicant provides evidence of compliance with a PENNDOT Highway Occupancy Permit.

§ 27-561 Water Withdrawal and Distribution Facility.

[Ord. 578, 3/9/2015]
1. 
Water Withdrawal and Distribution Facilities shall be Permitted by Right (PR) in the Central Business District (CB) and Industrial (I) zones, subject to the following criteria:
A. 
Minimum lot area shall be one acre;
B. 
Hours of Operation shall be 8:00 a.m. until 8:00 p.m.;
C. 
All water hauling vehicle parking and staging shall be contained on the facility property or lot. In addition, the Applicant shall demonstrate adequate circulation and turning radii for water hauling vehicles accessing fill hydrants;
D. 
A Water Withdrawal and Distribution Facility shall contain a maximum of four fill hydrants for water hauling vehicles;
E. 
All proposed improvements for a proposed Water Withdrawal and Distribution Facility shall comply with § 27-600, Performance Standards, Applicable to All Nonresidential Uses under this Chapter;
F. 
Any lighting of the Water Withdrawal and Distribution Facility shall be pointed downward and inward to the property or lot center and shaded to prevent direct reflection on adjacent property or lot;
G. 
The Applicant shall provide all other necessary information to enable the Borough to assess the environmental, community and other public health, safety and welfare effects of the proposed operation. The Applicant shall provide the following:
(1) 
Application Information. All required application information, and all other necessary information to enable the Borough to assess compliance with this Chapter; and
(2) 
Susquehanna River Basin Commission (SRBC) Approval by Rule. A copy of all applications and information required by the applicable SRBC Rules and Regulations for Water Withdrawal.
H. 
Evidence of Erosion and Sedimentation submission and plan review by the Bradford County Conservation District;
I. 
Any Water Withdrawal and Distribution Facility shall not be located within the FEMA designated floodway;
J. 
Where applicable, ingress, egress and regress off of State Highways shall comply with all applicable PENNDOT, Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads. No Zoning Permit shall be issued until such time as the Applicant provides evidence of compliance with a PENNDOT Highway Occupancy Permit; and
K. 
A Buffer or Screening of undisturbed area of not less than 25 feet in width shall be maintained along all lot lines and road rights-of-way to provide a Buffer and shall not be used for parking, storage or any other purpose except landscaping and crossing of access roads. In determining the type and extent of the Buffer required, the Borough shall take into consideration the design of the project structure(s) and site, topographic features which may provide natural buffering, existing natural vegetation, and the relationship of the proposed project to adjoining areas.

§ 27-562 Wine Tasting Room and Retail Sales.

[Ord. 578, 3/9/2015]
1. 
Wine Tasting Room and Retail Sales shall be Permitted by Right (PR) in the Commercial (C1) and Central Business District (CB) zones, subject to the following criteria:
2. 
Wine Tasting Room and Retail Sales for the commercial purpose of Tasting and Retail Sale of wine and related promotional items shall comply with the following conditions:
A. 
Lot area shall be determined on the basis of building size, yard requirements, water and wastewater requirements and other applicable standards as per Part 4 of this Chapter;
B. 
For a Wine Tasting Room and Retail Sales, the maximum floor area of a building, which may be devoted to serving the customers, shall be 1,500 square feet. Floor area devoted to serving the customer shall include any area for customer access and circulation, for the display of products including floor area devoted to counters, tables, display cases, preparing products for customers and similar purposes. Floor area not included in the area devoted to serving the customer would include display area outside the building or structure as well as inside floor area for storage and processing of wine where customer access is restricted, except for instructional tours related to the wine making process;
C. 
Wine Tasting Room and Retail Sales may provide for the sale of wine and related products, wine tasting, and instruction related to the wine making process;
D. 
The use of the space within the Wine Tasting Room and Retail Sale area for special events such as parties or receptions is permitted in accordance with the following standards:
(1) 
Use of the Wine Tasting Room and Retail Sale area for special events shall be an Accessory Use (AC);
(2) 
Special events are limited to the following:
(a) 
Educational seminars, workshops, meetings and other events are permitted provided they are held indoors. The term "indoors" does not include events held under tents or other temporary structures;
(b) 
A Wine Tasting Room Special Event shall not exceed 50 attendees;
(c) 
All special events shall end no later than 10:00 p.m.;
(d) 
Amplified music is permitted pursuant to Part 6, Performance Standards, of this Chapter;
(e) 
Parking shall be provided in accordance with Part 7, Off-Street Parking and Loading Regulations; and
(f) 
Lighting may be used for special events for the duration of the event only and may not shine or produce glare on adjacent properties or lots.