Carlisle City Zoning Code
ARTICLE XXIV
Additional Requirements for Specific Uses
§ 255-196 Compliance required.
Each use that has additional requirements listed in this article shall comply with the conditions listed in this article as a condition for being permitted. The determination of compliance shall be made by the Zoning Officer. A site plan submission and review may also be required under § 255-253.
§ 255-197 Special exception uses.
A.
Purpose. The special exception process is designed to allow a careful review of uses that have some potential conflicts with adjacent uses or areas.
B.
Procedure.
(1)
The Zoning Officer shall not grant a permit under this chapter for a proposed special exception use until written approval of the Zoning Hearing Board is obtained.
(2)
All applicants for a special exception use shall submit eight sets of required submittal materials for the proposed use to the Zoning Officer, or the Zoning Officer's authorized agent, as part of the application for a special exception use. Photographs of the existing site or buildings may also be requested to be presented by the applicant.
(3)
Site plan, subject to compliance with § 255-253 to determine whether a detailed site plan is required.
(4)
The Zoning Officer should, prior to the next Zoning Hearing Board meeting where the application will be discussed, review the plan to determine compliance with this chapter and submit a report to the Zoning Hearing Board.
(5)
The Board shall review any reports received from the Zoning Officer and Planning Commission.
(6)
The Board shall hear and decide such requests for a special exception use under the procedures of Article XXVIII and the Municipalities Planning Code, as amended.[1] The Municipalities Planning Code shall preempt any section of Article XXVIII that might be directly in conflict.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(7)
The decision of the Board shall be in writing and shall be communicated to the applicant in accordance with the Municipalities Planning Code.
C.
Approval of special exception uses.
(1)
The Zoning Hearing Board shall approve any proposed special exception use if it finds adequate evidence that any proposed use will meet:
(2)
In granting a special exception, the Board may require such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
D.
Special exception standards. Each special exception use shall comply with all of the following standards:
(1)
Other laws. It shall not be in serious conflict with other Borough ordinances or state or federal laws or regulations that the Zoning Hearing Board has clear knowledge of.
(2)
Comprehensive Plan. It shall be generally consistent with the adopted Comprehensive Plan.
(3)
Traffic. It shall not result in or significantly add to a serious traffic hazard or serious traffic congestion.
(4)
Safety. It shall not create a significant public safety hazard, including fires, toxic or explosive hazards.
(5)
Neighborhood. It will not significantly negatively affect the desirable character of an existing residential neighborhood.
(6)
Design. It will involve adequate sight design methods, including evergreen screening, setbacks, berming and traffic control, to avoid serious negative influences on adjacent uses.
F.
Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the building permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.[2]
[2]
Editor's Note: Former Subsection G, which immediately followed this subsection, was repealed 7-11-2024 by Ord. No. 2441.
§ 255-198 Conditional uses.
A.
Purpose. The conditional use process is designed to allow a careful review of uses that have some potential for conflicts with adjacent uses or areas.
B.
Procedure.
(1)
The Zoning Officer shall not grant a permit under this chapter for a proposed conditional use until written approval of the Borough Council is obtained.
(2)
A written application for a conditional use shall be submitted by the applicant to the Zoning Officer or the Zoning Officer's authorized agent, explaining in detail the proposal of the applicant; photographs of the existing site or building and drawings or other plans showing the proposed conditional use may be required by the Zoning Officer.
(3)
Site plan, subject to compliance with § 255-253 to determine whether a detailed site plan is required.
(4)
The Zoning Officer should, prior to the next Borough Council meeting where the application will be discussed, review the plan to determine compliance with this chapter and submit a report to the Borough Council.
(5)
The Planning Commission may, at its option, review a proposed conditional use application and submit an advisory recommendation to the Borough Council. The intent of this provision is to allow an additional review for proposed uses that would have wide-ranging effects.
(6)
The Borough Council shall review any reports received from the Zoning Officer and Planning Commission.
C.
Approval of conditional uses.
(1)
The Borough Council shall approve any proposed conditional use if it finds adequate evidence that any proposed use will meet:
(2)
In granting a conditional use, the Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code[1] and this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
D.
Conditional use standards. Each conditional use shall comply with all of the following standards:
(1)
Other laws. It shall not be in serious conflict with other Borough ordinances or state or federal laws or regulations that the Borough Council has clear knowledge of.
(2)
Comprehensive Plan. It shall be generally consistent with the adopted Comprehensive Plan.
(3)
Traffic. It shall not result in or significantly add to a serious traffic hazard or serious traffic congestion.
(4)
Safety. It shall not create a significant public safety hazard, including fire, toxic or explosive hazards.
(5)
Design. It will involve adequate sight design methods, including evergreen screening, setbacks, berming and traffic control, to avoid serious negative influences on adjacent uses.
E.
Conditions imposed by the Borough Council shall automatically become conditions of any building or other permit issued in connection with the use, and any failure to comply with said conditions shall be a violation of this chapter as well as of any other ordinance relating to such permit.
§ 255-199 Additional standards for specific permitted uses, conditional uses and special exception uses.
[Amended 10-14-2004 by Ord. No. 2019, approved 10-18-2004; 3-10-2005 by Ord. No. 2031, approved 3-10-2005; 3-10-2005 by Ord. No. 2030, approved 3-10-2005; 2-8-2007 by Ord. No. 2068, approved 2-15-2007; 8-9-2007 by Ord. No. 2081, approved 8-21-2007; 11-8-2007 by Ord. No. 2085, approved 11-24-2007; 3-13-2008 by Ord. No. 2098, approved 3-15-2008; 7-14-2011 by Ord. No. 2152, approved 7-14-2011; 8-9-2012 by Ord. No. 2170, approved 8-9-2012; 7-11-2013 by Ord. No. 2182, approved 7-11-2013; 6-12-2014 by Ord. No. 2200, approved 6-12-2014; 4-9-2015 by Ord. No. 2220, approved 4-9-2015; 5-11-2017 by Ord. No. 2271, approved 5-11-2017; 12-10-2020 by Ord. No. 2370, approved 12-10-2020; 7-11-2024 by Ord. No. 2441; 7-10-2025 by Ord. No. 2460, approved 7-10-2025]
A.
The following standards shall be met for each of the uses listed in this section. In addition, each use listed in this section shall meet all other requirements of this chapter. Also, uses listed as a special exception use in a particular district shall meet the standards of § 255-197D. In the case of conflict, the stricter regulation shall rule.
(1)
Adult bookstore, adult movie theater or cabaret.
(a)
No such use shall be located within 300 linear feet of any primary or secondary school, place of worship, public park, day-care center/child nursery, library, residential district or any site marked as a proposed future park location on the Borough Official Map.
(b)
No such use shall be located within 1,000 linear feet of any existing adult bookstore, adult movie theater or cabaret.
(c)
A forty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with Article XXIII, but with plantings of an initial minimum height of six feet, unless the use is attached to a building that includes a minimum of 15 other uses.
(d)
No pornographic material or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.
(e)
The applicant must prove to the satisfaction of the Zoning Hearing Board that such use would not adversely affect the desirable character of the surrounding area, including property values.
(f)
No such use shall be used for any purpose that violates any federal, state or Borough law. Any violation of this zoning requirement involving a serious criminal offense that the proprietor has or clearly should have had continuing and/or preknowledge of and allows to occur shall be sufficient reason for the Borough to withdraw the permit under this chapter.
(g)
No such use shall be allowed in combination with the sale or consumption of alcoholic beverages.
(h)
The use shall not include the sale or display of obscene materials. "Obscene materials" shall be as defined by applicable federal and state law.
(i)
These uses are specifically prohibited in all districts except the C-2 District.
(j)
Any private viewing booths shall be completely enclosed and limited to one person per booth.
(k)
No use may involve live actual or simulated sex acts for exhibition or similar purposes.
(l)
The use shall not operate between the hours of 12:00 midnight and 6:00 a.m.
(2.1)
Age-restricted mid-rise condominium. The purpose of this use is to provide incentives for age-restricted developments by establishing regulations to permit development tailored to the needs of residents 55 years of age and older and their spouses, recognizing their special needs and relatively reduced impacts on surrounding land uses.
(a)
The minimum tract size shall be 1.5 acres.
(b)
At least 1.5 parking spaces shall be required for each dwelling unit.
(c)
Building coverage: 30% maximum.
(d)
Impervious coverage: 60% maximum.
(e)
Dwelling units per building: 42 dwelling units maximum.
(f)
Building length: 280 feet maximum.
(g)
Density: 17 dwelling units per acre maximum.
(h)
Recreation and open space: 15% minimum.
(i)
Distance between buildings: 40 feet minimum.
(j)
Distance from parking paved edge or top of curb to building foundation: 10 feet minimum.
(k)
Distance from internal drive paved edge or top of curb to building foundation: 10 feet minimum.
(l)
The development shall be managed by a condominium owners' association. Prior to granting final land development plan approval for the development, the condominium declarations and bylaws shall be subject to the approval of the Borough Solicitor with respect to provisions relating to the construction and/or maintenance of municipally required improvements and payment and enforceability of costs and expenses related thereto.
(m)
The development may contain a clubhouse and/or association building for the use of residents and their invited guests only. This clubhouse and/or association building may be contained within or attached to a building or may be a separate structure limited to one story. Its program may consist of a meeting room, activity rooms, library, fitness center, limited kitchen facilities, restrooms and offices. The facility may be shared with adjacent age-restricted mid-rise condominium developments.
(n)
The development may contain gatehouses, mechanical entry gates, gazebos and bus shelters. Minimum front yard setbacks for these uses: 10 feet.
(o)
Shared common elements may include, but are not limited to, entrance areas, site amenities, corridors, elevators, association rooms, clubhouses and recreation facilities restricted to use by residents and their invited guests only.
(p)
Multiple uses are allowed on a single lot.
(q)
All units and common areas of the buildings must comply with current Americans with Disabilities Act (ADA) standards.
(r)
In all other respects, the provisions of this chapter pertaining to accessory uses, area and bulk regulations and additional requirements, not excluding supplementary regulations and performance standards, inter alia, applicable to the zoning district in which the age-restricted mid-rise condominium is located shall be complied with. Should any of the provisions of this Subsection A(2.1) be inconsistent with any provisions of this chapter, the provisions of this Subsection A(2.1) shall prevail.
(3)
Animal hospital veterinary office.
(a)
A minimum lot size of at least one acre shall be required for those animal hospitals treating small animals, such as cats, birds or snakes. A minimum lot size of at least three acres shall be required for those animal hospitals treating large animals, such as cattle, horses or pigs.
(b)
All buildings in which animals are housed or provided care shall be located at least 100 feet from all lot lines. Buildings should be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.
(c)
Outdoor animal runs may be provided for small animals so long as the runs are at least 200 feet from any existing dwelling.
(4)
Animal husbandry.
(a)
The use shall be conducted on a lot at least five acres in size.
(b)
No new barns, animal shelters, stables, feed yards or manure storage areas shall be located closer than 300 feet from all dwellings, except the dwelling of the owner or lessee, residential district boundaries and from existing restaurants and existing office uses and 150 feet from all exterior property lines.
(c)
No additions to existing barns, animal shelters, stables, feed yards or manure storage areas will be located closer than 150 feet from all property lines, residential district boundaries and dwellings, except the dwelling of the owner or lessee.
(d)
Any area used for the keeping of animals or livestock shall be separated by a fence and setback 50 feet from any lot line of an existing dwelling or any lot line within a residential district.
(5)
Apartments located in a commercial district.
(6)
Auto repair garage.
(a)
All major repair and paint work shall be performed within an enclosed building.
(b)
All reasonable provisions shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots.
(c)
Outdoor storage of motor vehicles shall only be behind the front yard line and shall be no closer than 20 feet from any abutting lot line of a dwelling.
(d)
Outdoor storage of auto parts and junk shall be prohibited.
(e)
No vehicle that is not operable or does not have current registration shall be stored in view of public streets or a dwelling for a total of more than 10 days.
(f)
Service bay doors shall not face abutting dwellings, if possible.
(g)
A use that is primarily intended to serve trucks with three or more axles shall be required to have a minimum lot area of three acres, and all areas used for repairs and servicing shall be set back a minimum of 100 feet from all existing residential lot lines and residential zoning boundaries.
(7)
Auto, boat, or mobile/manufactured home sales. No vehicle or home on display shall occupy any part of the existing or future street right-of-way, required parking area or required buffer area.
(8)
Auto service station.
(b)
All activities, except those to be performed at the fuel or air pumps, shall be performed within a completely enclosed building.
(c)
Fuel pumps shall be at least 25 feet from the existing street right-of-way.
(d)
All automobile parts and dismantled vehicles are not to be visible from a public street or dwelling.
(e)
No vehicle that is not operable or does not have current registration shall be stored within view of a public street or dwelling for more than a total of 10 days.
(f)
There shall be an ability for a minimum of four vehicles to be serviced at each cluster of gasoline pumps or to be lined up behind cars being serviced without obstruction of access into or out of the use.
(g)
A use that is primarily intended to serve trucks with three or more axles shall be required to have a minimum lot area of three acres, and all areas used for fueling and servicing shall be set back a minimum of 100 feet from all existing residential lot lines and residential zoning district boundaries.
(9)
Bed-and-breakfast use.
(a)
No more than four rental units shall be provided, and no more than four persons may occupy one rental unit.
(b)
At least one bathroom shall be provided for use by guests.
(c)
There shall be no use of show windows or any type of display or advertising visible from outside the premises, except for a single nonilluminated sign no larger than two square feet in size.
(d)
A preexisting residence shall retain a residential appearance and character.
(e)
The use shall be operated only by persons who reside within the bed-and-breakfast and by a maximum of one nonresident employee.
(f)
There shall be no separate cooking facilities in any guest room. Food shall only be served to guests who are staying overnight.
(g)
The maximum, uninterrupted length of stay at a bed-and-breakfast shall be 14 days.
(h)
The use of any amenities provided by the bed-and-breakfast, such as swimming pool or tennis court, shall be restricted in use to the guests and permanent residents of the establishment.
(10)
Boardinghouse.
(a)
Minimum lot area: one acre.
(b)
Minimum setback from all lot lines: 25 feet.
(c)
Minimum lot width: 150 feet.
(d)
Maximum density: eight rental units per acre.
(e)
Each rental unit shall be limited to a maximum of two persons each.
(f)
Interior space: a minimum of 300 square feet of interior floor space per rental unit.
(g)
See also standards for personal care centers, which is a separate use.
(h)
Signs shall be limited to two signs with a maximum of two square feet each.
(11)
Car wash.
(a)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(b)
Access points shall be limited to two on each street abutting the lot.
(c)
On-lot traffic circulation channels and parking areas shall be clearly marked.
(d)
Adequate provision shall be made for the proper and convenient disposal of refuse.
(e)
Centralized sewage disposal facilities and centralized water supply facilities shall be provided.
(f)
Water from the car wash operation shall not flow onto sidewalks or streets, to prevent hazards from ice.
(g)
It shall be unlawful for any person, partnership, firm, corporation or other entity to keep or place in operation a self-service car wash or other self-service motor vehicle laundry, situated in a residential area and where two or more motor vehicles may be washed simultaneously, between the hours of 11:00 p.m. and 6:00 a.m., except during such periods therein as an attendant on premises is provided by the said operator. As used in this subsection, “residential area” shall mean an area zoned residential under this Zoning Ordinance of the Borough of Carlisle.
(12)
(13.1)
Community services and resource center.
(a)
Community services and resource centers shall include one or more community rooms held open to the public on a regular basis for conferences, programs, clinics and the like and may include administrative offices devoted to the use.
(b)
At least 25% of the interior habitable floor space shall be devoted to a community room or rooms.
(13.2)
Convention center.
(a)
Convention centers and exposition centers may include any of the following uses, provided such uses are primarily sized, located and designed as one integrated development to serve those persons or groups of persons attending the exposition and convention center, and not the general public per se:
(b)
Minimum required lot area: five acres.
(c)
Required parking shall be determined based upon a combination of the types of activities proposed and the schedule listed in § 255-205, but in no event shall be less than one parking space for each 200 square feet of indoor floor space. In addition, an unimproved grassed overflow parking area to be provided for peak use periods may be required. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads. Soil erosion, sedimentation and stormwater runoff shall be controlled in accordance with all applicable laws, ordinances and regulations.
(d)
All activities and functions related to the principal and accessory uses, excepting those specified in the next Subsection A(13.2)(e) and parking, shall be conducted indoors.
(e)
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged on site to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. The collection of charges or fees within any public street or right-of-way is prohibited.
(14)
Day-care center: [see nursery school day-care center standards in § 255-199A(29) of this section].
(15)
Drive-through facility for any use. Any drive-in windows and waiting lanes shall be located and have capacity for sufficient numbers of vehicles, to ensure that traffic conflicts and hazards are avoided within the site and along the streets adjoining the use.
(15.1)
Exposition center. Exposition centers shall comply with the provisions relating to convention centers. See § 255-199A(13.1).
(16)
Funeral home: a minimum lot size of one acre.
(17)
Garden apartments or townhouses.
(a)
Rooflines. Variation in rooflines of structures is strongly encouraged for the purpose of variety.
(b)
Buffer yard. In an R-1 Zoning District or an R-2 Zoning District a twenty-foot-wide buffer yard with screening shall be required, as described in Article XXIII, between any townhouse or garden apartment and any abutting existing single-family detached dwelling that would be within 150 feet of a garden apartment or townhouse. The buffer yard shall be the responsibility of the developer of the townhouses or garden apartments.
(c)
Accessory structures and uses. All garages, carports and accessory structures shall be architecturally compatible with the principal buildings, subject to compliance with § 255-200D(7).
(d)
Homeowner or condominium association agreements. Such agreements should be established to restrict the types and locations of fencing, decks and accessory structures that can be placed on an individual lot.
(e)
Maximum length of building. The maximum length of townhouse or garden apartment buildings shall be 200 feet. As used in this section, "building length" means the horizontal measurement of any building length from any one end to any other end, without regard to offsets, but without including diagonal measurements.
(f)
Changes in facade. No more than two adjacent townhouses shall have the same front wall plane. The minimum variation or offset of the front wall plane shall be six feet. This variation may occur through placing dwellings so that they are setback further than attached private garage structures.
(g)
Building setback and separation.
[1]
In an R-1 Zoning District or an R-2 Zoning District any garden apartment or townhouse building shall be set back a minimum of 60 feet from the lot line of any existing single-family detached dwelling.
[2]
Each attached group of townhouses or garden apartments shall be set back a minimum of 30 feet from any other group of such dwellings.
(h)
Private area.
[1]
A private outdoor area in the form of a private yard, patio or balcony, but not including a driveway, shall be provided for each townhouse, immediately abutting that dwelling.
[2]
Landscaped screening, walls, fences and earthen berming shall be used as needed to provide privacy to individual yards.
(i)
Private streets. All private streets and accessways serving more than five dwelling units, but not including parking courts, shall be built to Borough construction standards for public streets.
(j)
Architectural renderings required. Preliminary architectural renderings, models or photos shall be required of any garden apartment or townhouse development of more than 10 units. These renderings are required for informational purposes only and may not be the basis of any regulatory decision.
(k)
Architectural variety. A variety of complementary designs and colors among clusters of dwellings are encouraged to avoid extreme repetition. Extreme changes of facades among townhouse units is discouraged.
(l)
Garages. It is strongly recommended that any townhouse be designed so that garages and/or carports are not an overly prominent part of the view from public streets. For this reason, parking courts, common garage or carport structures or garages at the rear of dwellings are encouraged instead of individual garages opening onto the front of the building, especially for narrow townhouse units.
(m)
Mailboxes. Any mailboxes provided within the street right-of-way shall be clustered together in an orderly arrangement or structure. Individual freestanding mailboxes of noncoordinated types at the curb side are discouraged.
(n)
Trash bins. For any garden apartment or rental townhouse development, common trash receptacles shall be provided in locations that are convenient for residents and for collection. Trash dumpsters shall be adequately screened from view by appropriate evergreen planting, wood fences or brick walls.
(o)
Paved area setback. All off-street parking spaces, except spaces on driveways in front of carport or garage entrances, shall be set back a minimum of 10 feet from any dwelling.
(p)
Number of units attached. In any building that includes entirely garden apartments, a maximum of 20 dwelling units may be attached or within one building. In any building that includes townhouses, a maximum of eight dwelling units may be attached.
(q)
Active recreation area.
[1]
For any garden apartment or townhouse development involving 50 or more dwelling units, a minimum of 8% of the total land area shall be dedicated to and suitable for recreation.
[3]
For any development that will not be limited to persons 55 years and older, this land area shall be suitable for active recreation. "Suitable for active recreation" shall mean well-drained, contiguous, planted in grass and with average slopes of less than 4%.
[4]
For any development limited to persons 55 years and older, this recreation area shall be suitable for passive recreation, with appropriate landscaping and paths or trails.
[5]
The process of maintenance for recreation areas shall be acceptable to the Director of the Borough Parks and Recreation Department.
(18)
Group home.
(a)
The group home shall not be occupied by more than 10 persons, including caregivers, and the residents shall function as a common household, except that a higher number may be approved by the Zoning Hearing Board as a special exception, subject to § 255-197.
(b)
Each bedroom shall not be occupied by more than two persons or such larger amount as may be permitted under the Uniform Construction Code of the Borough of Carlisle and the Property Maintenance Code of the Borough of Carlisle, as amended.
(c)
There shall at all times be adequate supervision by people qualified by training in the field for which the group home is intended.
(d)
Such facilities shall be licensed under or operated by the applicable federal, state, or county program or agency, and such information shall be available to the public.
(e)
The group care home shall register its location, general type of treatment/care, maximum number of residents, and sponsoring agency or program with the Borough.
(f)
Any medical or counseling services provided shall occur on the lot only for residents and up to two nonresidents per day.
(g)
One off-street parking space shall be provided for each of the following: the supervisor, each additional employee per shift; and every two residents who can reasonably be expected to be able to drive a motor vehicle.
(i)
The group home shall notify the Borough if there is any loss or suspension or significant change in certification by the state.
(j)
Off-street parking areas of more than four spaces shall be buffered from adjacent existing single-family dwellings by an appropriate evergreen planting screen.
(k)
If the group-care home is within a residential district, the building shall be maintained and/or constructed to ensure that it is closely similar in appearance, condition, and character to the other residential structures in the area. No exterior signs or other features visible from the exterior shall identify the type of use.
(19)
Heliport.
(a)
A minimum lot size of five acres shall be required.
(b)
The Pennsylvania Bureau of Aviation, within the Pennsylvania Department of Transportation, shall find the landing area safe and acceptable for licensing to develop the property for a heliport.
(c)
The Zoning Hearing Board shall review the proposed primary approaches to ensure that helicopters would not routinely fly at low altitudes over residential areas.
(d)
All portions of the landing pad shall be a minimum of 800 feet from any existing dwelling or residential district.
(e)
All portions of the landing pad shall be a minimum of 50 feet from any exterior lot line.
(f)
The maximum weight of any helicopter landing or taking off shall be 12,000 pounds.
(g)
There shall be a maximum of 20 takeoffs and/or landings in any seven-day period.
(h)
Takeoffs and landings shall only occur between the hours of 9:00 a.m. and 7:00 p.m.
(i)
No zoning restrictions shall apply to nonroutine takeoffs and landings to pick up persons in a clear medical emergency.
(j)
The Zoning Hearing Board may modify these restrictions, as needed, to permit a heliport for medical emergencies as an accessory use to a hospital, provided that the applicant proves that the public safety justifies such modifications.
(20)
Hospital.
(a)
Shall be located on a lot with its main access onto an arterial or collector street.
(b)
At least two access roads with a minimum width of 20 feet shall be provided from such arterial or collector street.
(c)
All facilities shall be located on the ground floor, unless an elevator sufficient to accommodate rolling beds or litters provides access to other than ground floor levels.
(d)
The Zoning Hearing Board may set such conditions as deemed necessary beyond state requirements for fire safety.
(e)
Shall have a minimum lot size of two acres.
(21)
Junkyard.
(a)
Storage of organic material is prohibited.
(b)
All junk shall be at least 100 feet from any adjoining lot.
(c)
All junk shall be at least 200 feet from any public street, residential district or lot line of a residential lot.
(d)
The site shall contain a minimum of two exterior points of access, each of which is not less than 30 feet in width.
(e)
The site shall be completely enclosed by a forty-foot-wide buffer yard which complies with § 255-191. This buffer yard shall be located on the outside of any fencing.
(f)
The burning or incineration of vehicles or junk shall be prohibited.
(g)
All junkyards shall be completely surrounded by well-maintained and secure fencing, with a minimum height of seven feet, to prevent access by children. Said barrier shall be maintained in good condition.
(i)
All oil and gasoline shall be drained and batteries removed from vehicles. Batteries shall only be stored on an impervious surface that will collect any leaks.
(22)
Kennel.
(a)
All buildings in which animals are housed and all runs shall be located at least 200 feet from all lot lines of existing residential uses and the boundaries of residential districts.
(b)
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at a residential lot line.
(c)
No animal shall be permitted to use outdoor runs from 9:00 p.m. to 8:00 a.m.
(d)
State laws regulating kennels are hereby referenced.
(e)
A kennel may be used for breeding, within the other requirements of this chapter.
(23)
Membership club. These uses are restricted to those not conducted primarily for gain, although a restaurant may be operated primarily to serve members and their guests. No sign advertising the sale of food or beverages will be permitted. Structures hereafter converted or erected for such use are subject to all applicable regulations for the district in which the facility is to be located.
(23.1)
Mid-rise stacked flats.
(a)
The minimum tract size shall be 1.5 acres.
(c)
Building coverage: 30% maximum.
(d)
Impervious coverage: 60% maximum.
(e)
Dwelling units per building: 42 dwelling units maximum.
(f)
Building length: 280 feet maximum.
(g)
Density: 17 dwelling units per acre maximum.
(h)
Recreation and open space: 15% minimum.
(i)
Distance between buildings: 40 feet minimum.
(j)
Distance from parking paved edge or top of curb to building foundation: 10 feet minimum.
(k)
Distance from internal drive paved edge or top of curb to building foundation: 10 feet minimum.
(l)
The development shall be managed by an association. Prior to granting final land development plan approval for the development, the association declarations and bylaws shall be subject to the approval of the Borough Solicitor with respect to provisions relating to the construction and/or maintenance of municipally required improvements and payment and enforceability of costs and expenses related thereto.
(m)
The development may contain a clubhouse and/or association building for the use of residents and their invited guests only. This clubhouse and/or association building may be contained within or attached to a building or may be a separate structure limited to one story. Its program may consist of a meeting room, activity rooms, library, fitness center, limited kitchen facilities, restrooms and offices. The facility may be shared with adjacent mid-rise stacked flats developments.
(n)
The development may contain gatehouses, mechanical entry gates, gazebos and bus shelters. Minimum front yard setbacks for these uses: 10 feet.
(o)
Shared common elements may include, but are not limited to, entrance areas, site amenities, corridors, elevators, association rooms, clubhouses and recreation facilities restricted to use by residents and their invited guests only.
(p)
Multiple uses are allowed on a single lot.
(q)
All units and common areas of the buildings must comply with current Americans with Disabilities Act (ADA) standards.
(r)
In all other respects, the provisions of this chapter pertaining to accessory uses, area and bulk regulations and additional requirements, not excluding supplementary regulations and performance standards, inter alia, applicable to the zoning district in which the mid-rise stacked flats development is located shall be complied with. Should any of the provisions of this Subsection A(23.1) be inconsistent with any provisions of this chapter, the provisions of this Subsection A(23.1) shall prevail.
(24)
Mineral extraction.
(a)
The use shall include adequate measure to prevent hazards to adjacent properties and to allow reasonable uses of adjacent properties.
(b)
The site shall be reclaimed in phases to a nonhazardous state permitting some economically productive future use and that extracting activities and resulting condition of the site will not result in environmental degradation of the surrounding area.
(c)
Buffer yard. A buffer yard, within the standards of Article XXIII, with a width of 200 feet shall be required between the lot line of any existing residential use and any mineral extraction use.
(d)
Minimum setback from all exterior lot lines: 100 feet.
(e)
Additional setbacks: 200 feet from any publicly owned recreational land, school, place of worship, creek, river, lake or wetland.
(f)
Fencing. The Board may require fencing where it is needed to protect the public safety.
(h)
County Conservation District. The Board may require that the applicant submit a copy of all submitted materials to the County Conservation District for a review.
(i)
Engineering review. The Board may submit an application affecting greater than 10 acres to a professional engineer for review. Reasonable routine review fees as occur shall be paid for by the applicant.
(j)
Hours of operation. The Board may reasonably limit the hours of operation of the use and of related trucking operations to protect the character of any nearby residential areas.
(k)
Acreage. A maximum of 25 acres may be actively surface mined during any calendar year, to ensure adequate reclamation.
(25)
Mobile/manufactured home.
(a)
Shall be constructed in accordance with the Safety and Construction Standards of the United States Department of Housing and Urban Development.
(b)
Shall have a site graded to provide a level, stable and well-drained area.
(c)
Shall have wheels, axles and hitch mechanisms removed.
(d)
Shall be placed on a permanent foundation, as described by the following:
[1]
The foundation system shall consist of ten-inch-diameter concrete piers, concrete footing perpendicular to the main longitudinal frame or equivalent and shall be installed from ground level to below the frost line (36 inches maximum). This foundation system shall be placed on eight foot centers along each of the two main longitudinal frames for each section of the home, with no more than three feet overhang at each end of the section.
[2]
One-half-inch-diameter by twelve-inch-long eyebolts shall be cast in place at each corner and at two midpoints in the concrete piers, concrete footing or equivalent. Concrete blocks shall be used to support the home on the foundation system, and wood shims may be used for final leveling. The concrete support blocks shall not be wider than the support foundation.
[3]
The mobile/manufactured home shall be securely anchored or tied down with cable and thin buckles or equivalent connecting the frame to the cast-in-place eyebolts on at least four corners and two midpoints. The tie down shall also be in accordance with the manufacturers' recommendations furnished with each home.
[4]
Homes shall not be placed more than four feet above the supporting ground area.
(e)
Shall be enclosed from the bottom of the home to the ground or stand using industry-approved skirting material compatible with the home.
(f)
Shall have a pitched instead of a flat roof.
(g)
Should be located with the longest side facing the public street.
(26)
Mobile/manufactured home park.
(a)
Shall have a minimum tract size of 10 acres, a maximum overall density of no more than four mobile homes per acre, including the area of any future streets, and a maximum tract size of 100 acres.
(b)
Each dwelling unit shall be served by both public centralized sewer and water service.
(e)
Minimum separation between mobile homes of 20 feet.
(g)
An average of at least 1,000 square feet of contiguous usable recreation area shall be provided for each mobile home. This shall be developed as an active playground area, unless the development would be limited to persons over age 55, in which case passive recreation shall be provided for. Areas with the required perimeter setback shall not count as this recreational area.
(h)
Each unit shall comply with the requirements for mobile/ manufactured homes in this section.
(i)
A mobile/manufactured home park may include a recreation center for residents, a rental/management office, maintenance buildings for the park and the sale of mobile/manufactured homes that will be placed on the tract.
(27)
Motel or hotel.
(a)
Accessory uses permitted. An auditorium, restaurant, tavern and/or gift shop operated in connection with a hotel or motel as a clearly accessory use shall be permitted.
(b)
Area and bulk regulations. The maximum impervious coverage shall be 65%, unless a more restrictive requirement is stated in a district.
(c)
Each rental unit shall have its own toilet and bathing or shower facilities.
(29)
Nursery school/day-care center.
(b)
The use shall comply with an applicable county, state and federal regulations, including having an appropriate Pennsylvania Department of Public Welfare registration certificate or license, if required.
(c)
Convenient parking spaces within the requirements of Article XXV shall be provided for persons delivering and waiting for children.
(d)
Shall include adequate measures to ensure the safety of children from traffic.
(e)
Outside play areas in residential districts shall be limited to use between 8:00 a.m. and 8:00 p.m.
(f)
No portion of an outside play area shall be less than 30 feet from an existing occupied dwelling without the owner's written consent.
(g)
Residential districts. In these districts, any permitted day-care center shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.
(30)
Nursing home.
(b)
Maximum impervious coverage: 70%.
(c)
The use shall provide a minimum of 15% of the site suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian or wheelchair pathways.
(d)
There shall be a minimum of 500 square feet of total lot area per resident.
(e)
Setback. Principal and accessory buildings shall be set back a minimum of 40 feet from the lot line of an existing dwelling.
(31)
Personal care center. The standards for nursing homes in this section shall apply, subject to compliance with § 255-199A(29).
(32)
Place of worship.
(a)
Permitted, special exception uses or conditional uses.
[1]
Places of worship, including churches, synagogues, temples, chapels, halls and the like.
[2]
Religious education buildings, but not primary or secondary schools (see as a distinct land use).
[3]
Recreation buildings, when accessory to worship activity.
[4]
Accessory residences, when restricted to clergy and related religious workers and their families and clearly related to worship activity, such as parsonage or convent.
(b)
Special exception use. Memorial gardens for the interment of remains of only cremated humans, as an accessory use to a place of worship, provided all area and bulk requirements of this section and the following provisions are met:
(c)
Area and bulk regulations. The following regulations shall be observed:
(33)
Public utilities.
(a)
Scope. This subsection shall apply to any structure or other improvement to be constructed, including the extension or replacement or existing facilities by any public utility, as defined by existing state law, except common or contract carriers.
(b)
Hearing. No special exception permit shall be issued until the Zoning Hearing Board, after a public hearing, decides that the extension or replacement of an existing facility or the construction of a new facility is reasonably necessary for convenience or welfare of the public, except within a preemption by the State Public Utility Commission.
(c)
Area and bulk regulations. All public utility uses and buildings shall comply with the area and bulk regulations and other regulations specified for the zoning district in which such structure or use is located, except within a preemption by the State Public Utility Commission.
(d)
Hazardous facilities. Nothing in this subsection shall be construed to prejudice any rights of the municipality to obtain an injunction restricting the construction of facility which shall create a danger to the public safety or obtaining such other relief as may be appropriate.
(f)
Public utility corporation exception. This chapter shall not apply to any existing or proposed building or extension thereof used or to be used by public service corporations if, upon petition of the corporation, the Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
(34)
Recreational facilities, private and semiprivate.
(a)
Private swimming pools.
[1]
Swimming pools exterior to buildings are structures for the purpose of permits and regulations of this chapter.
[2]
Outdoor swimming pools shall not be counted as floor area in computing the lot coverage, but shall not be located within any required setback area.
[3]
All swimming pools shall be enclosed by a fence or other substantial barrier not less than four feet high, with a self-latching gate to prevent unauthorized access to the pool by small children.
[4]
All swimming pools shall be provided with a filtering system utilizing chlorinated water, meeting any State Department of Environmental Protection requirements.
(b)
Semiprivate swimming pools and swimming clubs.
[1]
All pools shall be surrounded on all sides by a yard 25 feet in width, exclusive of parking areas.
[2]
All pools shall abut a public street or have permanent access thereto.
[3]
All pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when attendant is not present.
[4]
All structures shall be no less than 100 feet from any residential lot line exterior to the lot on which the pool is located.
[5]
All lot lines abutting a dwelling shall be screened by a dense-planted hedge which shall have a height of not less than five feet when full grown and which shall be maintained in good condition, as determined by the Borough Council.
[6]
Intoxicating beverages shall not be permitted on the premises.
[7]
No bright, direct floodlighting or spotlights shall be directly visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.
[8]
The pool shall open no earlier than 8:00 a.m. and close no later than 9:00 p.m., prevailing time.
[9]
The pool shall be constructed in accordance with all applicable state and federal requirements.
(c)
Tennis courts.
[1]
Tennis courts are considered structures for the purposes of permits and regulations of other ordinances.
[2]
For the purposes of this chapter, tennis courts are not counted as floor area in computing the lot coverage but shall not be located between the building setback line and the street line.
[3]
Tennis courts shall include a permanent fence 10 feet in height behind each base line and extending five feet beyond the (extended) sidelines.
[4]
Tennis courts, or required fences for such shall not be located within 15 feet of any lot line.
(d)
Other outdoor recreational activities. No private or semiprivate recreational facility shall be located within 15 feet of any property line nor within any required setback area.
(35)
Recycling collection center.
(a)
This use shall not be bound by the requirements of solid waste disposal facility (see definition, § 255-12).
(b)
All materials shall be kept in appropriate containers, with appropriate sanitary measures to prevent the attraction of insects or rodents and to avoid any fire hazards.
(c)
Such facility shall have adequate provision for serving by trucks and for off-street parking.
(d)
A twenty-foot buffer yard with screening as described in Article XXIII shall be provided between this use and any abutting dwelling or residential district.
(e)
This use may be an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a Borough-owned use, subject to the limitations of this subsection.
(f)
Materials to be collected shall be of the same character as the following materials: paper, cardboard, aluminum and glass.
(g)
The use shall include no processing other than collection, sorting and routine cleaning. No burning or landfilling shall occur.
(36)
Restaurant, fast-food.
(a)
See drive-through facility in § 255-199A(15) of this section.
(b)
Shall screen all trash containers.
(c)
Shall provide landscaping on all areas not covered by buildings, structures, parking areas or access drives.
(d)
May provide an outdoor menu board within a maximum sign area of 20 square feet, beyond the signs normally permitted, if drive-up service is provided to customers in their vehicles.
(37)
Retirement village.
(a)
The minimum lot size shall be 1.5 acres.
(b)
The minimum lot area per dwelling unit shall be 2,400 square feet.
(c)
At least two off-street parking spaces shall be required for each dwelling unit, provided that the Zoning Hearing Board may, as an additional special exception, reduce the required parking as low as a minimum of one off-street space per three dwelling units if the Board determines that such parking would be sufficient to accommodate all residents' vehicles, based upon evidence presented by the applicant. In addition, the other standards pertaining to parking contained in Article XXV of this chapter shall be applied.
(d)
In all other respects, provisions of this chapter pertaining to accessory uses, area and bulk regulations and additional requirements, not excluding supplementary regulations and performance standards, inter alia, applicable to the zoning district in which the retirement village is located shall be complied with.
(38)
Schools, public or private, primary or secondary.
(a)
Area and bulk regulations. All area and bulk regulations of the prevailing zoning district shall apply with the following exceptions:
(b)
Standards. The following shall be observed for each use:
[1]
Each site shall be easily accessible from an improved street, with safe ingress and egress for both vehicular and pedestrian traffic.
[2]
Each site shall be served by both public water and public sewer service.
[3]
All playground areas intended primarily for children under age 10 contiguous to a street or developed lot shall be fenced.
(39)
Self-storage development.
(a)
Outdoor storage shall be limited to recreational vehicles, campers and boats on trailers parked on paved areas. All such items stored out of doors must be licensed and inspected, if applicable, and in operable condition.
(b)
Trash, radioactive or highly toxic substances, garbage, refuse, explosive or flammable materials, hazardous substances, animals, animal carcasses or similar items shall not be stored.
(c)
Nothing shall be stored in interior traffic aisles, off-street parking areas, loading areas or accessways.
(d)
Major repairs of boats, vehicles, trailers, lawn mowers or any similar equipment shall not be permitted.
(e)
Adequate lighting shall be provided to illuminate the area, but directed away or shielded to direct light away from adjacent uses.
(f)
All outdoor storage areas located within 200 feet of the existing right-of-way of an expressway or arterial street shall be separated from that street by a buffer yard under § 255-191.
(g)
No building shall be longer than 200 feet. All buildings shall be separated from each other by a minimum distance of 15 feet.
(40)
Solid waste disposal area or facility.
(a)
Intent. The intent of these standards is not in any way to preempt or reduce state regulations, but instead to address local land-use-oriented concerns.
(b)
All solid waste storage, disposal and incineration shall be at least 300 feet from any public street or exterior lot line.
(c)
All areas to be used for the storage, disposal or incineration of solid waste shall be a minimum of 500 feet from any residential district or publicly owned park, or any existing residential use that the applicant does not have an option to buy or the banks of any nonintermittent creek or river.
(d)
The site shall contain a sufficient number of access points, each with a minimum cartway width of 30 feet.
(e)
Any burning or incineration shall be carried out in a completely enclosed incinerator approved by DEP. Any material to be incinerated that is to be stored for more than three hours shall be stored in an enclosed structure.
(f)
The site shall be selected and designed by a registered professional engineer with proven experience in solid waste disposal planning and operation. The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations.
(g)
Open dumps and open burning of refuse is prohibited.
(h)
The applicant shall prove to the satisfaction of the Zoning Hearing Board that the existing street network can handle the additional truck traffic, especially without bringing trash-hauling trucks through or alongside existing residential or residentially zoned areas.
(i)
The applicant shall prove to the satisfaction of the Zoning Hearing Board that the proposed use would not significantly impact negatively on dwellings or neighborhoods.
(j)
The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use would not be a hazard to ground water quality, create noxious smells off of the tract or violate the performance standards of Article XXIII. The Zoning Hearing Board, upon the advice of the Borough Engineer, may require a sanitary landfill to include a double liner and a system to collect and treat leachate and methane.
(k)
A chain link or other approved fence with a minimum height of eight feet shall surround active solid waste disposal areas to prevent the scattering of litter and to keep out children. Earthen berms or evergreen screening shall be used to prevent the landfill operations from being visible from an expressway or arterial streets or dwellings.
(l)
A minimum total lot size of 30 acres, which may include land in an adjoining municipality, is required for any solid waste facility other than a resource recovery facility or a solid waste transfer facility. For a resource recovery facility or solid waste transfer facility, a minimum lot size of 10 acres is required.
(m)
Health hazards. Any facility shall be operated in such a manner as to prevent the attraction, harborage or breeding of insects, rodents or vectors.
(n)
Attendant. An attendant shall be present during all periods of operation or dumping.
(o)
Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.
(p)
Emergency access. The operator of the use shall cooperate fully with local emergency services. This should include practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.
(q)
Hours of operation. Applicants are requested to agree to limit the hours of operation to between 7:00 a.m. and 9:00 p.m.
(r)
Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.
(s)
Radioactive and infectious materials. No radioactive or infectious materials may be stored, disposed of or incinerated. Infectious materials are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.
(t)
Staging. No area larger than 40 acres shall be approved as a new or expanded disposal area for a sanitary landfill in any calendar year.
(u)
The applicant shall provide sufficient information for the Zoning Hearing Board to determine that the requirements of this chapter will be met, subject to compliance with § 255-184.
(v)
State requirements. Nothing in this chapter is intended to supersede any state requirements. It is the intent of this chapter that when similar issues are regulated on both the Borough and state levels, that the stricter requirement shall apply for each aspect, unless it is determined that an individual state regulation preempts Borough regulation in some aspect.
(w)
The applicant shall enter into an agreement with the Borough specifying the types and frequencies of environmental monitoring that will be put into place while the use is under way and after any underground use area is closed.
(x)
A leachate treatment system or a recycling collection or processing center may be accessory uses.
(y)
Maximum tonnage. Any resource recovery facility or solid waste transfer facility shall have a maximum capacity of 300 tons per day for treating, sorting and/or disposing of solid waste.
(41)
Swimming pool. [See recreational facilities, private and semiprivate, in Subsection A(34) of this section.]
(42)
Temporary exhibition area.
(a)
Districts: shall be permitted only as a special exception use in the R-2 District on a lot that abuts an expressway.
(b)
Minimum lot area: six acres.
(c)
This use shall only be permitted on a lot that is at least partially within 3,000 feet of a lot that includes an existing temporary exhibition area.
(d)
Setback. All commercial uses and buildings shall be located a minimum of 100 feet from the lot line of any existing residentially used tract or an abutting residentially or institutionally zoned property. Otherwise, a forty-foot setback applies for all buildings.
(e)
Uses. This use shall be limited to the following: off-street parking; outdoor exhibition of whole motor vehicles, including parts or accessories; sales of whole motor vehicles, including parts or accessories, sales of antiques and community service events sponsored by nonprofit organizations or other charitable events.
(f)
Days. This use shall only be permitted as a temporary use that may occur during a maximum of 40 days in any calendar year. This number of days does not include community service events sponsored by nonprofit organizations or other charitable events.
(g)
Hours. The use shall be open to the general public only during daylight hours and in no case shall be open to the general public between the hours of 9:00 p.m. and 6:00 a.m.
(h)
Lighting. (See § 255-181.) The only lighting that shall be permitted shall be that which is needed for safety and security purposes.
(i)
Fencing and screening. The Zoning Hearing Board may require fencing and screening around portions or all of the site where they deem it is necessary for compatibility with adjacent properties.
(j)
Maximum impervious coverage: 10%.
(43)
Townhouse. [See garden apartments and townhouses in § 255-199A(17) of this section.]
(44)
Truck terminal.
(a)
There shall be a ten-acre minimum lot area.
(b)
The major potential routes of tractor-trailer truck traffic must not threaten to pass through predominately residential areas or the Historic District.
(c)
All truck or trailer parking, outdoor storage or loading or unloading areas shall be separated by a sixty-foot buffer yard within the provisions of § 255-191 from public streets, any abutting dwelling and any abutting residential district.
(d)
Any access roads, loading area or truck or trailer storage area shall be a minimum of 300 feet from a dwelling or a residential district.
(e)
The use shall be located within 3,000 feet of an interchange of Interstate 81, measured along the center line of public streets.
(f)
All truck or trailer parking, outdoor storage or loading/unloading areas shall be set back a minimum of 400 feet from any existing dwelling or a residential district.
(g)
No storage of solid waste, explosive or flammable materials, hazardous or highly toxic substances, animals or animal carcasses shall be permitted.
(h)
The use shall involve a minimum 12,000 square feet of lot area per loading and/or unloading bay for each truck.
(45)
Warehouse or wholesale.
(b)
Truck or rail access and operations shall not conflict with the convenience and safety of auto traffic and parking.
(c)
No storage of solid waste, explosive or flammable materials, hazardous or highly toxic substances, radioactive substances, animals, animal carcasses or similar items shall be permitted.
(d)
Uses that would involve the serving of the use by an average of more than 200 tractor-trailer trips per weekday shall be required to meet the additional standards in this section for a truck terminal. The term "tractor-trailer trip" is defined as the total of all of the ingress and egress movements at a given land use site during a given weekday. Each ingress and each egress shall be counted as one trip.
(e)
See requirements in § 255-200D(1) for commercial or industrial outdoor storage or display.
(46)
Building contractor's headquarters and storage.
(a)
That portion of the lot intended or utilized for storage of contractor's equipment or building materials shall be located at least 100 feet in any direction from any adjoining lot line.
(b)
The lot shall be completely enclosed by a 40 foot wide buffer yard which shall comply with § 255-191. This required buffer yard shall be located outside of any fencing.
(c)
All storage shall be confined within a completely enclosed building or similar structure which shall be maintained in good condition.
(47)
Manufacture and assembly of products from wood or previously prepared materials such as glass, leather, cellophane, textiles, rubber or synthetic rubber, when located in a planned mixed use business park.
(a)
All assembly or production work shall be performed within an enclosed building.
(b)
Provisions shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots, and the use shall comply with the provisions of Article XXIII of this chapter.
(c)
Storage of all raw or finished materials shall be confined within a completely enclosed building or similar structure which shall be maintained in good condition.
(d)
Service bay doors shall not face the street upon which the building fronts.
(e)
All scrap, refuse or other waste products shall be stored and confined within an enclosed building or similar structure which shall be maintained in good condition.
(48)
Welding, when located in a planned industrial development.
(a)
All welding activities shall be performed within an enclosed building.
(b)
Provisions shall be made to prevent or minimize noise, odor vibration, light or electrical interference to adjacent lots and the use shall comply with the provisions of Article XXIII of this chapter.
(c)
The storage of raw or finished materials shall be confined to within an enclosed building or similar structure which shall be maintained in good condition.
(d)
All scrap, refuse or other waste materials shall be stored and confined within an enclosed building or similar structure which shall be maintained in good condition.
(e)
Service bay doors shall not face the street upon which the building fronts.
(49)
Sales or rental of industrial equipment other than vehicles primarily intended for use on public streets.
(a)
No equipment for sale or rent shall be displayed in any required front, side or rear yard as the same is defined in Article II of this chapter, nor shall any equipment for sale or rent be displayed in any required parking areas.
(b)
Any equipment stored on the site for the purpose of immediate or future service work must be contained within an enclosed building or similar structure which shall be maintained in good condition.
(50)
Wireless communications facilities.
(a)
Purpose. The purpose of § 255-199A(50) is to establish reliable standards for the construction, siting, design, permitting, maintenance, and use of wireless communication facilities in the Borough. While the Borough recognizes the benefit of wireless communication facilities in providing high quality communications service and enhancement to its residents and businesses, the Borough also recognizes that it has an obligation to protect public safety and to minimize the visual impact of such facilities through the standards set forth in the following provisions.
(b) ACCESSORY EQUIPMENT ANTENNA BASE STATION CO-LOCATION COMMERCIALLY REASONABLE DISTRIBUTED ANTENNA SYSTEMS (DAS) EMERGENCY EQUIPMENT COMPOUND MODIFICATION or MODIFY MONOPOLE NON-TOWER WIRELESS COMMUNICATIONS FACILITIES (NON-TOWER WCF) REPLACEMENT RIGHT-OF-WAY (ROW) SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)[1] [2] [3] [4] [5] [6] STEALTH TECHNOLOGY SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE[1] [2] TOWER TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF) WIRELESS WIRELESS COMMUNICATIONS FACILITY (WCF) WIRELESS SUPPORT STRUCTURE
Definitions. The following words and phrases, when used in § 255-199A(50) or otherwise in Chapter 255 with respect to wireless communications facilities, shall have the meaning given as indicated below:
Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure, including but not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets or other similar equipment.
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities (defined below). An antenna shall not include private-residence-mounted satellite dishes or television antennae or amateur radio equipment, including, without limitation, ham or citizen band radio antennae.
A unit functioning as a transmitter and receiver of broadcasting or other signals, as in connection with a mobile phone.
The mounting of one or more WCFs, including antennas, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.
Terms and pricing that are reasonably consistent with similar wireless facility leases and agreements within a fifty-mile radius of the Borough.
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
A condition that:
An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located.
The improvement, upgrade or expansion of existing wireless telecommunication facilities or improvement, upgrade or expansion of the wireless telecommunication facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
A WCF or site which consists of a single-pole structure, designed and erected on the ground or on top of a structure, to support communications antennae and connect appurtenances.
Wireless communications facilities, including but not limited to antennas and related equipment. Non-tower WCF shall not include support structures for antennas.
The replacement of existing wireless telecommunications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar, or less, in size, weight and height as the wireless telecommunications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
The surface of and space above and below any real property in the Borough in which the Borough has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Borough, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes. Other municipal owned lands not listed above shall not be considered a right-of-way. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.
A wireless communications facility that meets the following criteria:
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the accessory equipment) is no more than three cubic feet in volume; and
All accessory equipment associated with the facility (excluding antennas) is cumulatively no more than 28 cubic feet in volume.
The facilities do not require antenna structure registration under 47 CFR Part 17;
The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x); and
The facilities do not result in human exposure to radio-frequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
State-of-the-art design techniques used to blend objects into the surrounding environment and to minimize the visual impact as much as possible. These design techniques are applied to wireless communications towers, antennae and other facilities which render them more visually appealing or blend the proposed facility into the existing structures or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennae, building-mounted antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
Any increase in the height of the wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless telecommunications facility may exceed the size limits set forth in this paragraph if necessary to avoid interference with existing antennas;
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array shall not occur without municipal approval.
A self-supporting lattice tower, guy tower, monopole, or any other pole, that is constructed primarily to support an antenna for receiving and/or transmitting a wireless signal.
A tower and its supporting antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles. DAS hub facilities are considered to be tower-based WCFs.
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
The set of equipment and network components including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunication services. The term shall not include the wireless support structure.
A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower, utility pole or other structure not classified as a wireless support structure that could support the placement or installation of wireless telecommunications facilities if approved by the Borough.
(c)
Permitted uses for wireless communications facilities (WCF).
[1]
Tower-based wireless communications facilities (WCF) that do not meet the definition of a "small wireless communications facility" are permitted in the I-1 General Industrial District and in the I-2 Light Industrial District, either in or out of the right-of-way, upon conditional use approval and subject to the requirements of § 255-199A(50).
[2]
Non-tower wireless communications facilities (WCF) that do not meet the definition of a "small wireless communications facility" are permitted by right in the following zoning districts, out of the right-of-way, subject to the requirements of § 255-199A(50): C-1, C-2, C-3, C-4, C-5, I-1, I-2, I-C, UM and INS.
[3]
Non-tower wireless communications facilities, small wireless communications facilities, and tower-based wireless communications facilities shall not be located on a structure that is listed on the National Register of Historic Places, property designated by the Borough in an adopted plan as being historically significant, or in the HP Historic Preservation Overlay District.
[4]
Small wireless communications facilities that are co-located on an existing wireless support structure are permitted by right in all zoning districts subject to the issuance of a building permit by the Borough Building Codes Official and subject to the requirements of § 255-199A(50).
[5]
Small wireless communications facilities requiring the installation of a new utility pole or other wireless support structure are permitted by right in all zoning districts subject to the issuance of a building permit by the Borough Building Codes Official and subject to the requirements of § 255-199A(50).
(d)
Bulk and area requirements.[4]
[4]
Editor's Note: The bulk and area requirements for wireless communications facilities are included as attachments to this chapter.
(e)
Design, construction, and operations.
[1]
All WCF shall be designed, constructed, inspected, operated, maintained, repaired, modified and removed in strict compliance with all current applicable federal and state technical and safety codes.
[2]
No WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services.
[3]
Co-location. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennae on tower-based WCFs where technically and economically feasible.
[4]
Signage. Tower-based WCFs and small WCFs shall include a posted sign at the location. Such signage shall include the ownership, contact name and phone number in the event of an emergency and Federal Communication Commission (FCC) registration number (if applicable). Such signage shall not include commercial advertising and is subject to approval by the Borough.
[5]
Lighting. WCFs shall not be artificially lighted beyond what is required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
[6]
Noise. WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards established by the Borough, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis.
[7]
Access.
[a]
An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCFs.
[b]
Maximum use of existing roads, whether public or private, shall be made to the extent practicable.
[c]
Road construction shall at all times minimize ground disturbance and the cutting of vegetation.
[d]
Road grades shall closely follow natural contours to ensure minimal visual disturbance and minimize soil erosion.
[e]
Where applicable, the WCF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility and maintenance responsibilities.
[f]
The easement shall be a minimum of 20 feet in width and the access road shall be paved to a width of at least 10 feet throughout its entire length.
[g]
Vehicular access to the WCF shall not interfere with the parking or vehicular circulations for a principal use, if located on the site.
[8]
Fencing. A security fence with a minimum height of eight feet shall surround any tower-based WCF located outside a right-of-way, including guy wires, associated equipment, and buildings.
[9]
Mounting. Any applicant proposing a non-tower WCF or small WCF to be mounted on a building, utility pole, or any other structure, shall submit detailed construction and elevation drawings indicating how the non-tower WCF will be mounted on the structure for review by the municipal building codes office and/or the Borough engineer for compliance with the building code.
[10]
Safety in rights-of-way.
[a]
Schedule of operations. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.
[b]
Emergency. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under any one of the following circumstances:
[i]
The construction, repair, maintenance or installation of any municipal or other public improvement in the right-of-way.
[ii]
The operations of the Borough or other governmental entity in the right-of-way.
[iii]
Vacation of a street or road or the release of a utility easement.
[iv]
An emergency as determined by the Borough.
[c]
Visual obstruction. All WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb, or in an area in which there are no curbs, within eight feet of the edge of the cartway.
[11]
Inspections.
[a]
A copy of any inspection report and certification of continued use, as required by national and state agencies, shall be provided to the Borough following the inspection. Any repairs advised by report shall be completed by the owner within 60 calendar days after the report is filed with the Borough.
[b]
The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of § 255-199A(50) and any other provisions found within the municipal code or state, or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator and property owner, to ensure such compliance.
(f)
Aesthetics, landscaping, and screening.
[1]
Stealth technology. All WCFs shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact.
[a]
Tower-based WCFs shall employ stealth technology, and the tower shall be painted an appropriate color to harmonize with its surroundings.
[b]
Non-tower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact.
[c]
All utility buildings and accessory structures shall be designed to blend into the environment in which they are situated.
[2]
Landscaping plan. A tower-based WCF located outside the right-of-way shall submit a landscape plan describing the following:
[a]
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
[b]
An evergreen screen shall be created by planting trees (a minimum of six feet tall at planting that will grow to a minimum of 15 feet tall at maturity) on ten-foot centers maximum.
[c]
Ground-mounted equipment associated with, or connected to, a tower-based WCF shall be screened from public view using landscaping and/or screening, as described above.
[3]
Small wireless communications facilities. All small wireless communications facilities in the Borough shall comply with the requirements of the Borough Small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the Borough Community Development Department.
(g)
Replacement, co-location, or modification.
[1]
An application for replacement, co-location or modification of a previously approved wireless support structure or wireless communication facility shall be reviewed for conformance with the municipal building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment. These previously approved facilities shall not be subject to the issuance of new zoning or land use approvals, provided that:
[a]
The proposed co-location, modification or replacement may not substantially change the physical dimensions of the wireless support structure to which the wireless communications facilities are to be attached.
[b]
The proposed co-location, modification or replacement may not further increase the height of a wireless support structure which had already been extended by more than 10% of its originally approved height or by the height of one additional antenna array; provided, however, that nothing herein shall preclude an applicant from further increasing the height of a wire support structure which had already been extended by more than 10% of its originally approved height or by the height of one additional antenna array if approved by the Borough through a conditional use.
[c]
The proposed co-location, modification or replacement may not increase the dimensions of the equipment compound approved by the Borough.
[d]
The proposed co-location, modification or replacement complies with applicable conditions of approval applied to the initial wireless telecommunications facilities, equipment compound and wireless support structure.
[e]
The proposed co-location, modification or replacement may not exceed the applicable wind loading and structural loading requirements for the wireless support structure.
[2]
Replacement of wireless communications facilities on existing wireless support structures or within existing equipment compounds may be performed by the applicant without obtaining building or zoning permits from the Borough.
[3]
Any substantial change to an existing WCF shall require conditional use approval by Borough Council.
(h)
Permit requirements.
[1]
An application for a new tower-based WCF or small WCF requiring the installation of a new utility pole or other wireless support structure shall not be approved unless the Borough finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be co-located on an existing or approved structure or building.
[2]
Any application for approval of a new tower-based WCF or small WCF requiring the installation of a new utility pole or other wireless support structure shall include a comprehensive inventory of all existing towers and other suitable wireless support structures within a one-half-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
[3]
Gap in coverage or capacity. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists with respect to the applicant in the area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage or capacity. The existence or nonexistence of a gap in wireless coverage or capacity shall be a factor in the Borough's decision on an application for approval of tower-based WCFs.
[4]
The applicant shall demonstrate that the proposed WCF comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
[5]
Notification.
[a]
Upon receipt of an application for a tower-based WCF, the Borough shall mail notice thereof to the owner or owners of every residential property within 500 feet of the parcel or property of the proposed facility.
[b]
Upon receipt of an application for a small WCF in the rights-of-way requiring the installation of a new utility pole or other wireless support structure, the Borough shall mail notice thereof to the owner or owners of every residential property within a 100-foot radius of the proposed facility.
[6]
Review time frame. Within 30 calendar days of the date that an application for a WCF that does not meet the definition of a "small WCF" is filed with the Borough, the Borough shall notify the applicant, in writing, of any information that may be required to complete such application. Within 10 calendar days of the date that an application for a small WCF is filed with the Borough, the Borough shall notify the applicant, in writing, of any information that may be required to complete such application.
[a]
All applications for new tower-based WCFs shall be acted upon within 150 days (or the most recent time frame established by the Federal Communications Commission) of the receipt of a fully completed application for the approval of such new WCF, and the Borough shall advise the applicant, in writing, of its decision.
[b]
All applications for small WCFs requiring the installation of a new utility pole or other wireless support structure shall be acted upon within 90 days (or the most recent time frame established by the Federal Communications Commission) of the receipt of a fully completed application for the approval of such WCF, and the Borough shall advise the applicant, in writing, of its decision.
[c]
All applications for modification or co-location of WCFs shall be acted upon within 60 days (or the most recent time frame established by the Federal Communications Commission) of the receipt of a fully completed application for the approval of such modification or co-location of WCF, and the Borough shall advise the applicant, in writing, of its decision.
[d]
If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the review periods noted in Subsection A(50)(h)[6][a] and [b] above.
[7]
Retention of experts.
[a]
The applicant or owner of a WCF that does not meet the definition of a "small wireless communications facility" seeking to obtain a permit to construct a new WCF or seeking to replace, modify or relocate an existing WCF shall deposit with the Borough the sum of a minimum of $1,000, possibly more, to be held in a non-interest-earning escrow account by the Borough for purposes of covering the charges of professional consultants utilized by the Borough to review, comment and make recommendations with respect to the application submitted. The Borough may hire any professional consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of approval and § 255-199A(50). The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's professional consultant(s) in providing expert evaluation and consultation in connection with these activities. In the event the escrow account becomes exhausted, the applicant or owner shall deposit additional funds into the escrow account in increments of $1,000. Upon approval or issuance of the permit or approval of the application or plan, the Borough will return all remaining funds in the escrow account to the applicant or owner.
[b]
The amount of the initial deposit and any additional funds required to be deposited as noted above may be modified from time to time by resolution of Borough Council.
[8]
Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a WCF. The amount of this fee may not be in excess of the Borough's actual reasonable cost to review and process the application. Zoning permits and building permits will be required as applicable. Such permit fees shall be established by the Borough Fee Schedule and shall comply with the applicable requirements of the FCC.
(i)
Discontinuation, abandonment and removal.
[1]
Nonconforming WCFs. Any nonconforming WCF which is hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of § 255-199A(50).
[2]
Discontinuation. In the event that use of a WCF is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[a]
All unused or abandoned WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Borough.
[b]
If the WCF and/or accessory facility is not removed within three months of the cessation of operations at the site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.
[c]
Any unused portions of WCFs, including antennas, shall be removed within three months of the time of cessation of operations.
[3]
Bonding. The facility owner or operator shall post and maintain funds for removal of all structures associated with the WCF in an amount of 110% of the identified removal costs, as adjusted over time.
[a]
The removal funds shall be posted and maintained with the bonding company or federal or commonwealth chartered lending institution chosen by the facility owner or operator and participating land owner posting the financial security, provided that the bonding company or lending institution is authorized to conduct business within the commonwealth and is approved by the Borough.
[b]
An independent and certified professional engineer shall be retained by the applicant to estimate the cost of removal without regard to salvage value of the equipment. Said estimates shall be submitted to the Borough after the first year of operation and every five years thereafter.
[4]
Reimbursement for right-of-way use. In addition to permit fees as described in this section, every WCF in the right-of-way is subject to the Borough's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Borough's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Borough. The owner of each small WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.
[5]
Indemnification. Each person that owns or operates a WCF shall, at its sole cost and expense, enter into an agreement to indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each person that owns or operates a WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of the WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(51)
Commercial convenience store.
(a)
The facilities shall be designed and constructed to accommodate a minimum of four vehicles for service at each cluster of gasoline pumps, to prevent obstruction of interior traffic patterns, and to prevent spillover of vehicles onto any public street
(b)
All facilities and improvements must be located within 3,800 feet of an interstate interchange.
(c)
In addition to all other permitted signs, an outdoor menu board not exceeding a maximum sign area of 20 square feet is permitted when drive-through service is provided.
(d)
Any drive-through facility must comply with the requirements of § 255-199A(15).
(52)
Treatment center.
(a)
The applicant shall provide a written description of all types of residents the use is intended to include over the life of the permit and the training and licensing of the staff. Any future additions or modifications to this list shall require approval of the Zoning Officer.
(b)
The applicant shall prove to the satisfaction of the Zoning Officer, with the burden-of-proof being upon the applicant, that the use will involve adequate supervision and security measures to protect public safety.
(c)
If the treatment center is a temporary residence for the clients, the maximum number of clients shall be indicated at the time of application, and that number (excluding employees) shall not exceed the minimum space requirements contained in the Uniform Construction Code, as amended and adopted by the Borough, as well as the Borough of Carlisle Property Maintenance Code, as amended.
(d)
For nonresidential treatment centers, the following additional criteria shall apply:
(e)
Where treatment centers are permitted by special exception, the applicant shall satisfy the applicable criteria in this § 255-199A(52) to the satisfaction of the Zoning Hearing Board and shall meet the general special exception standards set forth in § 255-197.
(f)
Parking requirements for treatment centers: one per employee, computed on the basis of the estimated maximum number of employees on duty at any one time, plus one space per three resident beds. A reduction in the foregoing parking requirements may be approved by the Zoning Officer, where the treatment center is permitted by right, or the Zoning Hearing Board, where the treatment center is permitted by special exception, to the extent that the applicant demonstrates that parking facilities are not required because residents of the treatment center are not able or permitted to drive.
(g)
For residential treatment centers, no exterior signs or other features visible from the exterior shall identify the type of use.
(53)
Community gardens.
(a)
Purpose and intent.
[1]
Allow the growing of crops in urbanized areas while minimizing negative impacts to adjacent properties and the community.
[2]
Encourage locally grown produce, promote healthy and nutritional food, and fill gaps in food accessibility for a community.
[3]
Foster community development by providing opportunities for recreation, education/training, special events, social interaction, and economic potential.
[4]
Provide green space in urbanized areas to enhance community character and reduce the impact of pollutants and stormwater runoff.
(b)
Community gardens may include the following uses:
[1]
The cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity.
[2]
Greenhouses, hoop houses, cold frames, and similar structures for the growing of plants.
[3]
Sheds, gazebos, and pavilions, and similar structures as accessory uses.
[4]
Composting as an accessory use, subject to Subsection A(53)(c)[7] below.
(c)
Community gardens are subject to the following regulations:
[1]
Lot size and width. Community gardens shall be located on lots that comply with the minimum lot size and width in the district in which they are located.
[2]
Setbacks. All accessory structures must comply with the setbacks for accessory structures in the district in which they are located.
[3]
Coverage. Lots used as community gardens must comply with the building and/or impervious coverage requirements of the zoning district in which the lot is located.
[4]
Height. The height of structures shall be in conformance with accessory building height of the zoning district.
[5]
Parking. The applicant shall demonstrate that sufficient parking spaces and loading spaces will be available or provided for all uses proposed.
[6]
Signs. A community garden may include one sign per road frontage, no larger than four square feet in a residential district and 10 square feet in a nonresidential district.
[7]
Composting.
[a]
Setback regulations for composting containers and materials shall comply with underlying zoning regulations for accessory structures.
[b]
Designated composting areas shall be screened from adjoining residential districts with either a fence or suitable screening material.
[c]
Composing areas and structures must be maintained in a way that protects adjacent properties from nuisance odors and the attraction of rodents or other pests.
[d]
Composting materials shall only be generated on site.
[8]
Operations.
[a]
The hours of operation shall be consistent with other outdoor public and institutional uses in the district and protect neighbors from light, noise, disturbance or interruption.
[b]
A community garden shall be conducted in such a way that no traffic congestion, noise, glare, odor, smoke, vibration, fire hazards, safety hazards, electromagnetic interference, or otherwise, shall be noticeable at or beyond the property line.
(d)
Permitting process for community gardens. Applicants proposing a community garden must submit a community garden permit application (free) to the Zoning Officer for approval, identifying the following:
[1]
Location map and property address.
[2]
Name and contact information of person or organization.
[3]
All existing and proposed structures and buildings.
[4]
Location and height of proposed structures and buildings, including sheds, containers, compost facilities, landscaping and fencing.
[5]
Description of the proposed operation and activities.
[6]
Distance between structures/activities and neighboring properties.
[7]
Driveways, access drives, parking areas, and loading areas.
[8]
Estimated number of separate plots to be cultivated by individuals.
[9]
Certify compliance with all applicable local, state and federal regulations and permits.
(54)
Mobile food vending.
(a)
Purpose and intent. Carlisle Borough recognizes that the diversity of prepared food options can be enhanced by permitting mobile food vendors to serve prepared food within the Borough limits in the I-1 General Industrial Zoning District. The Borough further recognizes that mobile food vendors have the same responsibilities to their customers and the community as do food service establishments with fixed locations and should be required to abide by the local permitting process. The requirements of this section apply to mobile food vendors who return to the same location or service area daily or on a set schedule within the Borough of Carlisle.
(b)
Requirements for mobile food vendors within the I-1 Zoning District in the Borough of Carlisle.
[1]
Vendors must have a current permit from the Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services.
[2]
Vendors may operate only on private property with written permission from the property owners. The parcel must be zoned I-1 General Industrial.
[3]
Vendors may operate only during daylight hours between 8:00 a.m. and 8:00 p.m.
[4]
Mobile vending units shall be located at least 10 feet away from the nearest building, provided that a mobile vending unit may be located closer than 10 feet to a building if the location has been approved in advance by the Borough Fire Chief. Mobile vending units shall be located a minimum distance of 15 feet in all directions of a fire hydrant.
[5]
Vendors shall only serve walk-up customers, not customers in a motor vehicle.
[6]
Vendors shall not broadcast music or loud advertisements.
[7]
Vendors shall not provide customer seating.
[8]
No signage is allowed except signage affixed to the mobile vending unit identifying the vendors and menu/price information.
[9]
Vendor must display the food vendor and Department of Agriculture permits in a prominent location on the unit.
[10]
Only one mobile vending unit may locate on any parcel at one time.
[11]
Vendors must provide for adequate waste collection from their customers and remove waste from the site daily without using public waste receptacles.
[12]
Vendors must operate in a safe, sanitary, and nonoffensive manner. Complaints of unsafe conditions, excessive waste or noise (from patrons or machinery), or other disruptive conditions to neighboring owners or occupants will be investigated and may be the cause for revoked permits or denied permit renewal.
[13]
The mobile food vendor operator or his/her designee must be present at all times except in cases of an emergency.
[14]
No liquid waste or grease is to be disposed in tree pits, storm drains or onto the sidewalks, streets, or other public space. Under no circumstances shall grease be released or disposed of in the Borough's sanitary sewer system.
(c)
Permit requirements. Mobile food vendors must obtain a yearly permit to operate within the I-1 District in the Borough of Carlisle. The following information shall be provided with each application for a mobile food vendor permit:
[1]
Name of mobile food vendor.
[2]
Make, model, and license plate number of vending unit.
[3]
Owner's contact information.
[4]
Operator's contact information.
[5]
Type of vendor (street vending unit or sidewalk vending unit).
[6]
Copy of approved permit from the Pennsylvania Department of Agriculture.
[7]
List of operating locations and times (calendar).
[8]
Signatures from property owners indicating consent for the use of their property.
[9]
Signature by applicant indicating agreement to the listed requirements for operation of a mobile food vendor business in the I-1 District.
[10]
Proof of valid insurance policy that provides minimum liability coverage of $1,000,000 with the Borough named as additional insured.
(d)
Investigation of applicants; granting of authorization.
[1]
Upon receipt of an application for a permit, the Chief of Police or his or her delegate shall cause such investigation of the applicant, the applicant's business or organization and good moral character to be made as he or she deems necessary for the protection of the public welfare.
[2]
If, as a result of such investigation, the applicant, applicant's business or organization or good moral character is found to be unsatisfactory, the Chief of Police or his or her delegate shall endorse on such application his or her disapproval and the reasons for the same and transmit the application to the Zoning Department.
[3]
If, as a result of such investigation, the applicant, business or organization and good moral character of the applicant are found to be satisfactory, the Chief of Police or his or her delegate shall endorse on the application his or her approval and transmit the application to the Zoning Department.
[4]
Mobile food vendor permits shall be issued by the Zoning Officer. No permit shall be issued until such investigation is complete, but in no event shall authorization be granted sooner than three full business days from the date of receipt of the application by the Carlisle Police Department.
(e)
Appeals. Any person aggrieved by the action of the Zoning Officer in denying a permit application or in the decision with reference to the revocation of authorization shall have the right of appeal to the Zoning Hearing Board. Such appeal shall be taken by filing an application with the Zoning Officer, within seven days after notice.
(f)
Permit review. Permit requests shall be submitted to the Zoning Officer for review and approval.
(g)
Special or multiple vendor events. This § 255-199A(54) and its requirements, rights, and privileges shall not apply in any respect to mobile food vendors at events regulated and permitted under § 237-9B (exceptions to fixed locations) of the Borough ordinance.
(h)
Permit fees. The Borough Council may by resolution establish, and from time to time amend, a fee amount for a mobile food vendor permit.
(i)
Maximum number of permits. No more than 10 active mobile food vendor permits shall be allowed at any given time. Permits shall be issued to qualified applicants on a first-come-first-served basis. The Borough may refuse a permit if the Borough determines that issuing the permit will negatively impact traffic flow, or will otherwise be detrimental to the general public health and safety, or if the number of issued mobile food vendor permits is already exhausted. Mobile food vendors will be encouraged to adjust the locations or times of their proposed sales to accommodate the Borough's ability to ensure public health and safety. The Borough may refuse a permit to anyone seeking a mobile food vendor permit if the entity has a poor record of conformance with permit requirements. No permit shall be issued until the permit fee established by the schedule of fees has been paid in full.
(j)
Violations and remedies. Violations of § 255-199A(54) shall result in enforcement remedies as specified in § 255-243.
§ 255-200 Additional standards for specific accessory uses.
A.
General. Accessory structures or uses that are clearly customary and incidental to a principal use that is permitted by right or special exception are permitted within the requirements of this section and this chapter.
B.
Setback requirements.
(1)
The accessory structure setbacks listed in this section shall apply to every permitted accessory use or structure, unless the regulations of this section are clearly intended to allow a structure or use to occur with a smaller setback or to require a larger setback for a particular accessory use or structure.
(2)
Front yard. No accessory structure or use shall be permitted within a required residential front yard, unless specifically permitted by this section.
C.
Accessory uses permitted by right in all districts.
(1)
Fence, hedge or wall.
(3)
Off-street parking only to serve a permitted use in that district.
(4)
Satellite antenna or household antenna.
(5)
Keeping of pets.
(6)
Windmill.
(7)
Solar energy system.
(8)
Recreational facilities limited to residents of a development and their clearly occasional guests.
(9)
Restaurant, day-care center or recreational facilities limited to use by employees and their families of a permitted principal use.
(10)
No-impact home occupation as an accessory use to all dwelling units.
D.
Accessory use standards. Each accessory use that has requirements listed in this section shall comply with all of these requirements, in addition to all other requirements of this chapter:
(1)
Commercial or industrial outdoor storage and display.
(a)
Location. Shall not occupy any part of the existing or future street right-of-way, area intended or designed for pedestrian use, required parking area or part of the required paved area setback.
(b)
No outside industrial storage shall be located on land with an average slope in excess of 15%.
(c)
No outdoor industrial storage or area routinely used for the storage of four or more tractor-trailers, or detached trailers of tractor-trailers shall occur within 200 feet of an existing dwelling or a residential district or an expressway or arterial street existing right-of-way, unless the storage is buffered from view by buildings or a twenty-foot-wide buffer yard and screening within the requirements of Article XXIII.
(d)
Outdoor storage of any type shall not be permitted unless such storage is part of the normal operations conducted on the premises, subject to design and performance standards for the prevailing zoning district.
(e)
All organic rubbish or storage shall be contained in airtight, vermin-proof containers which shall also be screened from public view. All such storage shall be located behind the minimum front yard setback line.
(f)
Any establishment which furnishes shopping carts shall ensure all shopping carts are marked with the name of the establishment and provide clearly marked areas within the required parking space areas for storage of said carts.
(2)
Day-care center. [See nursery school/day-care center, § 255-200D(8) of this section.]
(3)
Fences and walls.
(a)
Unless otherwise stated, these uses shall be allowed in all districts.
(c)
Fences.
[1]
Any fence located in a yard which abuts a public street in a residential district shall have a minimum ratio of 3:1 of opaque to nonopaque areas and shall not exceed five feet in height. Wire mesh may be attached to the inside of the fence. However, temporary fences for construction may be nonopaque and shall not exceed eight feet in height.
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
[2]
Fences may be located on the side or rear lot line.
[3]
In a residential district, any fence located on a lot other than in a yard which abuts a public street may have a height of up to six feet and may be nonopaque.
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
[4]
In all other districts, fences shall have a maximum height of 12 feet.
[5]
A fence of up to 10 feet may be allowed in a rear yard in any district for the sole purpose of enclosing a court for tennis or similar sports.
[6]
A fence shall not be required to comply with accessory structure setbacks.
[7]
A fence may be erected in a location wherever clearly necessary to ensure safety of persons at the top of a retaining wall.
[8]
For commercial or industrial businesses with garden centers and outside storage which share one common wall with the principal use, a fence equal in height to the height of the common wall shall be permitted for the remaining three sides of the garden center or outside storage area.
[9]
Fences which are accessory to a residential use may be erected within that unimproved portion of a street right-of-way which is not being used for vehicular or pedestrian travel, stormwater facilities, utilities or other public uses, provided such fences do not obstruct sight distances and provided further, such fences shall be removed, at the owner's sole expense, promptly upon notice from the Borough. Any fence not timely removed may be removed by the Borough, and the cost of removal shall be assessed as a lien against the property.
[Added 2-12-2004 by Ord. No. 2007, approved 2-16-2004]
(d)
Walls.
[1]
Engineering and retaining walls necessary to hold back slopes are exempted from the regulations of this section and are permitted by right as needed in all districts.
[2]
Any walls should be architecturally compatible with the structure and the landscape.
[3]
Any wall in the front yard of a use and parallel to the street in a residential district shall be a special exception, permitted only if compatible with the character of the area.
[4]
Where adjacent to a street, walls may be one foot in height for every two feet they are set back from a property line, up to a maximum height of six feet.
(4)
Garage sale (including yard sales and porch sales).
(a)
Shall include only the occasional sale of personal effects, food, nonalcoholic beverages, and other similar items, and may include the rental of on-site parking spaces. A garage sale shall not include wholesale sales.
(b)
No dwelling unit shall hold a garage sale during more than four days total in any ninety-day period.
(c)
Shall only be conducted by the owner of the lot or tract where such activity is conducted, by an occupant of the dwelling unit thereon erected, or by a duly licensed transient retail vendor, and by no other persons whatsoever.
(d)
Shall be clearly accessory to a dwelling unit.
(e)
Shall not be conducted upon any street, sidewalk or public area.
(5)
Home occupation.
(a)
The home occupation shall be conducted unobtrusively and shall not impinge upon neighbors nor adversely affect the residential character of the premises or the neighborhood.
(b)
The home occupation shall be carried on only by residents of the dwelling unit, plus not more than one full-time additional employee or equivalent, except in the R-1 Low Density Residential, R-2 Medium Density Residential and R-5 Traditional Residential Districts, where no additional employees shall be permitted.
(c)
The home occupation may be conducted in the dwelling unit, garage or outbuildings on the premises; however, the total space devoted to the home occupation, including storage of materials, shall not exceed 25% of the finished floor space of the principal dwelling unit.
(d)
There shall be no use of show windows, displays or advertising visible outside the premises to attract customers or clients, except for home occupations in the R-3 High Density, R-4 Town Center and OR Office Residential Districts as may be permitted by this chapter.
(e)
There shall be no exterior storage of materials for the home occupation, including storage within a fenced yard.
(f)
Retail sale of goods shall be prohibited, except in the R-3 High Density, R-4 Town Center and OR Office Residential Districts and which shall need special exception approval by the Zoning Hearing Board.
(g)
No business of any type shall be conducted as a home occupation that involves visits to the premises by clients, customers or patients, except in the R-3 High Density, R-4 Town Center, and OR Office Residential Districts where up to an average of five visits per day to the premises by clients, customers or patients may be permitted when authorized by the Zoning Hearing Board as a special exception.
(h)
No more additional off-street parking spaces need be created on the premises for the home occupation.
(i)
No home occupation shall create noise, fumes, odor, dust, vibrations, electromagnetic interference, heat, glare, smoke, radiation or other effects that are noticeable at or beyond the property line.
(6)
Keeping of pets.[1] (Note: This does not pertain to animal husbandry which is regulated by § 255-199.)
(a)
This is a permitted by right accessory use in all districts unless otherwise stated.
(b)
No use shall involve the keeping of animals or fowl in such a manner that it creates a serious nuisance, including noise or smell or a health hazard or a safety hazard.
(c)
In the residential districts, no more than three dogs and no more than four cats may be kept, unless the nearest dwelling other than that of the owner is at least 300 feet from any area in which the animals are regularly kept. No numerical restriction shall apply to cats and dogs less than six months of age.
(d)
In any zoning district, not more than two horses may be stabled or maintained, provided that no structure housing the horses or area fenced in for their use is less than 50 feet from any lot line and is not closer than 150 feet to the nearest existing dwelling other than that of the owner.
(e)
Keeping of more than the specified number of cats or dogs or for commercial purposes shall be considered a kennel.
(f)
Keeping of more than the specified number of horses shall be considered a stable.
(7)
Multifamily building accessory uses.
(a)
Uses permitted. Accessory use in multi-dwelling-unit buildings shall be restricted to uses designed for residents of dwellings only. They shall be restricted to those uses specified in the following subsections of these controls which, if provided, shall conform to the applicable regulations.
(b)
Washing machines and dryers. No common area for such facilities shall exceed more than 1/4 of the floor area of any single floor. Area for such purpose shall be properly ventilated.
(c)
Lockers or storage area. Each garden apartment dwelling unit shall be provided with a minimum of 96 cubic feet of storage area in an enclosed room which shall be capable of being locked.
(d)
Recreational room or lounge. Any such facilities shall be located in a room which is properly safeguarded from use by persons not residing in the dwelling, or their occasional guests.
(e)
Outdoor recreation.
[1]
Such facilities shall be limited to the following: tennis courts completely surrounded by a fence 10 feet in height; barbecue or other cookout facilities constructed of permanent material; yards which are completely landscaped; garden areas for tenant use; play lots, provided that facilities located in this area are surrounded by fencing at least four feet in height, with benches for adults; facilities for such games as shuffleboard, basketball or horseshoes, provided that a paved surface is provided and that such facilities are located at least 20 feet from any building;, and swimming pools, subject to regulations of §§ 255-199 and 255-200.
[2]
All outdoor recreational facilities, except yards and garden areas, shall not be located within 15 feet of any lot line.
[3]
No outdoor facilities, except yards, shall be located between the minimum building setback line and the street lines.
(f)
Other building accessory uses.
[1]
Garages shall be designed to conform with the main building and shall not be within 25 feet of any street line.
[2]
Recreational facilities shall be conducted within a building or in a landscaped area which is set back at least 25 feet from any street line.
[3]
Storage areas. All such facilities shall be located in an area which has direct access to a street or driveway. No such area shall be located within 25 feet of any street line.
[4]
Other accessory use controls. All uses shall be restricted to the activities related to the primary use, excluding accessory services to adjacent uses on nearby lots.
(8)
Nursery school/day-care center as an accessory use to a residential use.
(a)
Care of a maximum of four children may occur in a single-family detached dwelling or up to two children in any other dwelling unit. This restriction shall apply only to children not related to the owner or lessee of the property by blood, marriage, adoption or foster relationship.
(b)
Shall occur on a lot with a minimum of 1,000 square feet of usable outdoor open space or that is within 200 feet of a public park.
(c)
The dwelling shall retain a residential appearance, with no change to the exterior of the dwelling to accommodate the use.
(9)
Outdoor storage. [See commercial or industrial outdoor storage, in Subsection D(1) of this section.]
(10)
Recreational vehicle storage as an accessory use to a dwelling. One licensed, uninhabited recreational vehicle or unit in transportable condition may be stored on a lot, within the following limitations:
(a)
It shall not be stored within the front yard.
(b)
It shall be set back a minimum of six feet from the lot line of any lot that includes an existing residential use.
(c)
Any recreational vehicle that is unlicensed or not in transportable condition shall be kept out of view from any public street or existing dwelling, other than that of the owner.
(d)
For the purposes of this section, "stored" shall be defined as the parking of a recreational vehicle for a total of 24 hours or more during any seven-day period.
(e)
One recreational vehicle may be inhabited as a temporary accessory residence to a single-family detached dwelling for a period of seven days once in a calendar year.
(11)
Satellite antennas.
(a)
Satellite antenna shall be a permitted by right accessory use in all districts for all uses.
[1]
A satellite antenna shall have a maximum diameter of three feet in a residential district and 15 feet in any other district.
[2]
In any district other than a residential district, a satellite antenna shall have a maximum height of 25 feet above the average ground level, if the antenna is ground mounted, or 15 feet above the highest point of a roof, if roof-mounted.
(12)
Single- or two-family dwelling accessory uses. Where the following setbacks for a specific accessory use differs from the accessory setback requirements in a particular district, the setbacks of this subsection shall rule for that particular use.
(b)
Detached garage or detached carport.
[1]
Maximum height: 20 feet.
[2]
Maximum length: 30 feet.
[3]
Maximum width: 30 feet.
[4]
No temporary structures shall be permitted.
[5]
No structure shall be within eight feet of any street line.
[6]
No structure shall be permitted within any required front yard nor within any accessory structure setback applicable to a district.
[7]
No dwelling units shall be permitted within a detached garage.
(c)
Storage shed or any other customary and incidental accessory building: maximum height, 12 feet.
(d)
Other accessory use controls.
[1]
No animal husbandry uses shall be permitted. [See keeping of pets, within § 255-200D(6) of this section.] Individual gardens for home consumption are permitted, except within the required front yard.
[2]
No activities shall be permitted which create a public nuisance and/or interfere with the customary use of adjacent residential lots.
[3]
This section is not by itself intended to prohibit uses that are very clearly customary and incidental to a residential use, provided that they do not threaten public health and safety.
(14)
Windmill.
(a)
All windmills that could be climbed upon by children shall be surrounded by a fence at least five feet in height which is located at least five feet from the base of such windmill.
(b)
No windmill shall be permitted the design of which permits any vane, sail or rotor blade to pass within 10 feet of the ground.
(c)
All electrical wiring leading from a windmill shall be located underground.
E.
Vending machines. No vending machine may be an accessory use or accessory to a dwelling unit or units in any residential zoning district.
[Added 5-14-2015 by Ord. No. 2221, approved 5-14-2015]
§ 255-200.1 Persons with disabilities.
[Added 7-11-2024 by Ord. No. 2441]
The Borough of Carlisle complies with the Federal Fair Housing Act and Americans with Disabilities Act, as amended, and will ensure that policies and regulations do not discriminate against persons on the basis of race, color, religion, national origin, disability, or family status. The Borough shall grant requests for reasonable accommodation if such requests provide equal housing opportunity to persons with disabilities and do not constitute substantial changes of the Carlisle Zoning Ordinances. Written requests for reasonable accommodation shall be submitted to the Zoning Officer. Requests for reasonable accommodation will be treated as administrative decisions. The Zoning Officer will provide a written response to a complete request within 45 days unless additional information is requested by the Zoning Officer. At a minimum, requests for reasonable accommodation shall include the following:
A.
Plans of the structure and property with sufficient detail to evaluate the reasonable accommodation request; and
B.
The applicant shall identify the disability which is protected by the Americans with Disabilities Act and/or the Fair Housing Act, the extent of the modification of the provisions of this chapter necessary for a reasonable accommodation, and the manner by which the reasonable accommodation requested may be removed when such person(s) with a protected disability no longer will be present on the property.
C.
Any modification or accommodation approved under this section may be limited to the time period during which the persons with disabilities occupy or utilize the property.