Chalfont City Zoning Code
ARTICLE IV
Use Regulations
§ 440-9 Applicability of regulations.
Except as provided by law or in this chapter, in each district no building, structure or land shall be used or occupied except for the purposes permitted in § 440-12 and for the zoning districts so indicated.
§ 440-10 Uses by right; special exceptions; conditional uses; uses not permitted.
This section decreases importance on the table of use regulations, § 440-14, and more importance on the use regulations themselves, § 440-15, and the district regulations.
A.
A use listed by right is permitted subject to the requirements specified in § 440-15 after approval has been granted in accordance with the requirements of Chapter 370, Subdivision and Land Development, of the Code of the Borough of Chalfont, if applicable, and after a zoning permit has been issued in accordance with § 440-136.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
A use listed as a use permitted by special exception may be permitted as a special exception, provided the Zoning Hearing Board authorizes issuance of a zoning permit by the Zoning Officer, subject to the requirements of §§ 440-15 and 440-147, and after approval has been granted subject to the requirements of Chapter 370, Subdivision and Land Development, if applicable, and such further restrictions as the Borough Council may impose to ensure protection of adjacent uses or the health, safety and general welfare.
C.
A use listed as a use permitted as a conditional use may be permitted as such, provided the Borough Council has received a positive recommendation from the Planning Commission, has granted the conditional use subject to the expressed standards set forth in §§ 440-15 and 440-148 and after approval has been granted subject to the requirement of Chapter 370, Subdivision and Land Development, if applicable, and such further conditions that the Borough Council may impose to ensure protection of adjacent uses or the health, safety and general welfare.
D.
A use not listed as being permitted by right, special exception or conditional use in a particular zoning district is not permitted in that particular zoning district.
§ 440-11 Uses subject to other regulations.
A.
Uses permitted by right or as a special exceptions or conditional uses shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area, easements, provisions for off-street parking and loading and to such other provisions as are specified in other articles hereof.
B.
No zoning permit shall be issued for a use or structure until a certification of the availability of public sewage service is obtained from the servicing authority.
§ 440-12 Lawful uses not otherwise provided.
Any lawful use which is required to be permitted by the Pennsylvania Municipalities Planning Code[1] and which is not otherwise permitted in categories of this chapter may be permitted by special exception, provided that the applicant for such special exception use establishes that the proposed use meets the following criteria as well as the requirements set forth in all other applicable sections of this chapter.
A.
The use must comply with the lot area, dimensional and design criteria of the district in which it is permitted.
B.
Where applicable, the applicant must demonstrate that the use proposed will comply with all permit requirements of the Bucks County Department of Health and Pennsylvania Department of Environmental Protection and other commonwealth or federal governmental agencies which regulate such use.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 440-13 Special regulations.
Lots of record. A lot that is of public record and in singular and separate ownership at the time of the enactment of this chapter may be used for a permitted use in the district in which it is located.
A.
Reduction of lot area. No lot shall be so reduced that the area of the lot or the dimensions of the required open space shall be less than herein prescribed.
B.
Modification of front yard requirements. Where an unimproved lot of record is situated on the same street frontage with and within 300 feet of two or more improved lots, the front yard requirements for the district may be modified so that the front yard shall be an average of the existing and required front yard.
C.
Minimum setback of accessory building. An accessory building may be erected within one side yard or within the rear yard, provided that it is located not further forward than the front line of the principal building and provided that the side and rear yards are not less than seven feet each.
§ 440-14 Table of use regulations.
[Amended 11-18-2008 by Ord. No. 377; 5-12-2009 by Ord. No. 377A; 12-13-2011 by Ord. No. 399-A; 5-14-2013 by Ord. No. 405; 7-14-2015 by Ord. No. 419; 9-12-2017 by Ord. No. 435]
The Table of Use Regulations provides the list of permitted uses and the district in which they are permitted. This table is for references purposes only and is not part of ordinance regulations.[1]
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
§ 440-15 Use regulations.
[Amended 12-18-2001 by Ord. No. 326; 11-18-2008 by Ord. No. 377; 3-24-2009 by Ord. No. 380; 5-12-2009 by Ord. No. 377A; 6-23-2009 by Ord. No. 386]
A.
Agricultural uses.
(1)
A1 General Farming. Agriculture, horticulture, arboriculture and viticulture, bee raising and the products thereof and all buildings (barns, sheds, silos, etc.) associated with this use. Raising and/or keeping livestock is not permitted.
(a)
Retail sales shall meet the requirements of use A3 Agricultural Retail.
(b)
A greenhouse shall not be considered impervious surface and shall require a zoning permit, provided that it does not remain on the ground for more than three months in a calendar year.
(c)
For the keeping of bees, adequate shade and water shall be provided in the immediate vicinity of the hives. The hives shall be located at least 100 feet from the property line.
(d)
Parking: one off-street parking space per employee.
(2)
A2 Nursery. The raising of plants, shrubs and trees, outdoors or in a greenhouse, for sale and transplantation.
(a)
The maximum impervious surface ratio shall be 3%.
(b)
A greenhouse shall be considered impervious surface and shall not require a zoning permit, provided that it remains on the ground for more than three months in a calendar year.
(c)
Retail sales shall meet the requirements of use A3 agricultural retail and provide one parking space for each 200 square feet of sales area each.
(d)
Parking: one off-street parking space per employee.
(3)
A3 Agricultural Retail. The retail sales of agricultural products at roadside stands or other structures to the general public.
(a)
Agricultural retail is an accessory use which shall be clearly subordinate to primary use A1.
(b)
Products sold must be grown, raised and produced on the property.
(c)
The maximum floor area shall be limited to 2,000 square feet.
(d)
When proposed on lots of less than two acres, agricultural retail shall only be permitted by conditional use.
(e)
Agricultural retail uses shall meet the yard and setback requirements for the related primary agricultural use.
(f)
Parking: one off-street parking space for each 200 square feet of sales area plus one off-street parking space for each employee.
B.
Residential uses.
(1)
B1 Single-Family Detached. A single-family detached dwelling on an individual lot with private yards on all sides of the house and with no public or community open space. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, manufactured dwellings, modular dwellings and mobile homes.
(2)
B2 Detached Dwelling Off-Center. A single-family detached dwelling unit on an individual lot with private yards on all sides of the house. The building is set close to one side property line with a side yard which may be reduced to five feet, and the other side yard shall be no less than 15 feet.
(3)
B3 Twin. A single-family attached unit having only one dwelling from ground to roof and only one wall in common with another dwelling unit.
(a)
Parking: two off-street parking spaces per each dwelling unit.
(4)
B4 Duplex. A single-family attached dwelling unit with one dwelling unit located above another dwelling unit. The dwelling units share a common lot area which is the sum of the required lot areas of all dwelling units within the building. There shall be no more than two dwelling units per structure, and each unit shall have individual outside access.
(a)
Parking: two off-street parking spaces per each dwelling unit.
(5)
B5 Multiplex. An attached dwelling unit that may be arranged in a variety of configurations, side-by-side, back-to-back or vertically. The dwelling units share a common lot area which is the sum of the required lot areas of all dwelling units within the building. The essential feature is the small number of units attached. No more than six units shall be attached in any structure, and structures shall average four units each. Each unit shall have individual outside access.
(a)
Area and dimensional requirements.
[1]
Minimum lot area (per building): 8,000 square feet.
[2]
Minimum lot area (per dwelling unit): 2,500 square feet.
[3]
Minimum lot width at setback line (per building): 80 feet.
[4]
Maximum impervious surface ratio (on lot): 45%.
[6]
Minimum rear yard: 20 feet.
[7]
Minimum building spacing: 30 feet.
[8]
Maximum building height: 35 feet.
(b)
Parking: two off-street parking spaces per each dwelling unit.
(6)
B6 Townhouse. A single-family attached dwelling with one dwelling unit from ground to roof, with each unit separated by a party wall and having individual outside access. A row of attached townhouses shall not exceed eight dwelling units.
(a)
(b)
Parking: two off-street parking spaces per each dwelling unit.
(7)
B7 Garden Apartment. A grouping of dwelling units sharing common elements that may include common outside access. The dwelling units share a common lot area, which is the sum of the required lot areas of all dwelling units within the building. Apartments shall contain three or more dwellings in a single structure.
(a)
Area and dimensional requirements.
[1]
Minimum lot area (per building): one acre.
[2]
Minimum lot area (per dwelling unit): 2,000 square feet.
[3]
Minimum street frontage: 100 feet.
[5]
Minimum building spacing: 50 feet.
[6]
Maximum number of units per building: 16.
[7]
Maximum impervious surface ratio (on-lot): 65%.
[8]
Maximum building height: 35 feet.
(b)
Parking: two off-street parking spaces per each dwelling unit.
(8)
B8 Residential Conversion. The conversion of an existing residential or nonresidential building into two or more dwelling units, subject to the following provisions:
(a)
The following maximum density requirements shall be met:
[1]
In the R-2 and R-3 Districts, the number of dwelling units permitted on a lot shall not exceed 1 1/2 times the maximum density permitted for single-family detached dwellings in these districts.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[2]
In the CC and BC Districts, the number of dwelling units permitted on a lot shall not exceed the maximum density permitted for single-family detached dwellings in these districts.
(b)
The building to be converted shall meet the minimum yard requirements for use B1 single-family detached for the applicable zoning district. This requirement shall not apply in the BC District.
(c)
Detached dwelling that are converted must maintain the appearance of a detached dwelling with a single front entrance. Stairways leading to the second or any higher floor shall be located within the walls of the building unless approved for an alternate location by the Planning Commission. Stairways and fire escapes shall otherwise be located on the rear wall in preference to either side wall and in no case on a front wall or on a side wall facing a street. After conversion, the building shall retain substantially the same structural appearance it had before such conversion.
(d)
Certification should be provided from the water and sewer servicing authority that adequate service is available for the proposed conversion.
(e)
Separate cooking, sleeping, living and bathroom facilities shall be provided for each dwelling unit.
(f)
Trash receptacles shall not be visible from the street or abutting properties except on scheduled pickup days.
(g)
Off-street parking spaces shall be located to the side or rear of the principal structure.
(h)
Off-street parking lots with three or more spaces shall be buffered from abutting residences by hedge material placed on three-foot centers. Alternately, a six-foot fence may be erected which provides a visual screen.
(i)
The minimum floor area of a dwelling shall be 700 square feet.
(j)
Parking: two off-street parking spaces for each dwelling unit.
(9)
B9 Rooming House or Boardinghouse. A dwelling used for the housing of roomers, boarders or lodgers with or without common eating facilities, including dormitory, fraternity, sorority or other buildings of charitable, educational or philanthropic institutions.
(a)
The minimum lot area per sleeping room shall be 2,000 square feet in R-2 Districts in addition to the lot area requirement for other permitted uses in the applicable district.
(b)
The minimum lot width and minimum yards shall be as specified in the applicable district.
(c)
No separate cooking facilities shall be provided within each guest room.
(e)
The Zoning Hearing Board shall determine the required amount of parking based on one off-street parking space per occupant at the maximum occupancy rate. The required amount of parking shall be specified in the Zoning Hearing Board's order.
(10)
B10 Mobile Home Park. A parcel of contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes, subject to the following provisions:
(a)
Area and dimensional requirements.
Type of Unit | Minimum Lot Area (square feet) | Minimum Lot Width at Building Setback (feet) | Maximum Building Coverage (percent) | Minimum Yards Front, Side, Rear | Minimum Distances Between Units (feet) | ||
|---|---|---|---|---|---|---|---|
Single-wide units to 61 feet | 4,800 | 45 | 25 | 20 | 5 | 15 | 30 |
Single-wide units 61 feet or longer | 5,250 | 45 | 25 | 20 | 5 | 15 | 30 |
Double-wide units | 7,000 | 60 | 25 | 30 | 5 | 15 | 30 |
(b)
Minimum site area: 10 acres.
(c)
Performance standards.
[1]
Maximum impervious surface ratio: 0.25.
[2]
Density: 2.5 dwelling units/acre.
[3]
Required open space. Fifty-five percent of the base site area shall be preserved as open space unless the resource protection land acreage determined in § 440-17B is greater.
[4]
The area between the ground level and the perimeter of the mobile home shall be enclosed by means of wood or aluminum skirting or a similar material.
[5]
Each mobile home shall be placed on a permanent foundation in accordance with applicable Borough codes.
[6]
Every mobile home shall have access to an improved street in the mobile home park in accordance with Chapter 370, Subdivision and Land Development, of the Code of the Borough of Chalfont.
[7]
The minimum number of spaces completed and ready for occupancy before the first occupancy is permitted shall be nine.
[8]
No space shall be rented for residential use of a mobile home in any such park except for periods of 30 days or more.
[9]
Plans for any mobile home park shall be submitted in conformance with Chapter 370, Subdivision and Land Development, and the Borough ordinance regulating mobile home parks.
[10]
Public water and sewer service shall be required.
[11]
A zoning permit shall be required for each mobile home placed in a park.
[12]
Minimum off-street parking: two off-street parking spaces shall be provided for each mobile home.
[13]
A mobile home park shall be required to install a Class A buffer in accordance with § 440-20, Table 2.[1]
[1]
Editor's Note: Table 2, Buffer Yard Planting Options, is included as an attachment to this chapter.
(11)
B11 Life Care Facility. A "life care facility" is a form of residential use designed and operated for individuals requiring certain medical and nonmedical support facilities and services.
(b)
Maximum density. The maximum density for a life care facility shall be the highest density permitted in the applicable district.
(c)
Maximum impervious surface ratio: 25%.
(d)
Maximum height: 35 feet.
(e)
Support facilities and services. A life care facility may include some or all of the following medical and nonmedical support facilities and services.
[1]
Retail facilities shall be for use of residents and their guests only. No outside advertising is permitted. The life care retail facilities may occupy no more than 1/10% of the total floor area. Retail facilities shall be limited to the following uses:
[2]
Life care nursing facility. A health care facility designed for the temporary and long-term care of the residents of the life care facility. Nursing beds shall not exceed one life care facility bed per three dwelling units.
[3]
Social services. Residents of the life care facility may be provided with social services, including, but not limited to, homemaker, personal care and financial management services.
[4]
Other support facilities may include, but are not limited to, lounge areas, reading rooms, craft rooms, common dining facilities, exercise rooms and recreational rooms. These may not be private businesses but must be owned and operated by the owner of the facility and available for use by all residents without cost.
(f)
Open space and passive recreational areas. At least 50% of the site area must be maintained as open space which shall not include detention basins, parking lots, accessory buildings or any impervious surfaces except those used for recreational purposes. At least 20% of the site which may be considered part of the open space shall be developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks. No outdoor sitting areas shall be located on land within the one-hundred-year floodplain or on slopes in excess of 5%.
(g)
Off-street parking. There must be 1/2 off-street parking space per bedroom in addition to one off-street parking space for each employee on the largest shift.
(h)
Fire protection. All rooms in the life care facility shall be provided with sprinkler systems designed in accordance with applicable National Fire Prevention Act requirements for fire protection and shall contain and be served by wet-charged standpipes to the top floor.
(i)
Location to services.
[1]
Due to the dependence of the elderly on alternate means of transportation and the need for acquiring access to primary services, a life care facility must be located within 1/4 of a mile to the following services:
[2]
If this is not possible, the developer of a life care facility shall submit to the Borough a transportation plan which shall outline a transportation service for the residents of the life care facility, to be provided by the owner or manager, providing access to these services at reasonable intervals. This plan must be approved by the Borough as a condition for approval of use.
(12)
B12 Planned Village Development.
[Amended 7-14-2015 by Ord. No. 419]
(a)
General site and performance requirements for between 10 and 20 acres:
[1]
Minimum site area: 10 acres. (For sites in excess of 20 acres gross site area, the applicant shall provide a minimum of 15% and a maximum of 25% of the gross site area devoted to nonresidential uses permitted by conditional use in accordance with § 440-106.)
[2]
Maximum gross density: 3.6 dwelling units per acre of base site area.
[3]
Impervious area ratio: 55%.
[4]
Open space requirement. A portion of the base site area may be preserved as open space. The recommended percentages are identified below. The Borough Council shall have discretion regarding the actual percentages of open space to be provided as part of the conditional use hearing.
[5]
Buffer requirements. A Type B buffer pursuant to Table 2[2] shall be provided between all residential and nonresidential uses, and a Type A buffer pursuant to Table 2 shall be provided between all residential uses (including residential against open space and detention basins). Any required buffers can be reduced by five feet if a fence of at least six feet in height is provided along the property line.
[2]
Editor's Note: Table 2, Buffer Yard Planting Options, is included as an attachment to this chapter.
[6]
Use placement. Parcels that have frontage along a local street that connects two streets that have a collector street status or greater, as identified within § 440-39, shall be provided with a B13 Village House use fronting on the local street. All other parcels or portions thereof within the planned village development shall be permitted to utilize any other permitted use.
[7]
Flag lots shall be prohibited within the B12 Planned Village Development Use.
[8]
In addition to the required parking for any proposed uses, a minimum of one additional visitor parking space shall be provided within the boundaries of the proposed use for each two dwelling units proposed.
(b)
Permitted uses. The following uses are permitted with the given lot area requirements and the uses regulations in this section:
[2]
Use B5 Multiplex. Area and dimensional requirements shall be in accordance with § 440-15B(5).
[3]
Use B6 Townhome. Area and dimensional requirements shall be in accordance with § 440-15B(6).
[4]
Use B13 Village House. Area and dimensional requirements shall be in accordance with § 440-15B(13).
[5]
Use B14 Small-Lot Village House. Area and dimensional requirements shall be in accordance with § 440-15B(14).
(13)
B13 Village House.
[Added 7-14-2015 by Ord. No. 419]
(a)
A single-family detached dwelling on an individual lot with private yards on all sides of the house. It differs from other forms of detached housing in the lot size (minimum 10,000 square feet) and placement on the lot. It is similar to structures found within the Borough of Chalfont Historic District. The structure is placed closer to the street and is additionally distinguished by plantings or architectural treatments.
(b)
At the discretion of the Borough Council, each village house may be required to provide one or more of the following as to each lot (with no two adjacent homes sharing the same elevation and facade):
[2]
A front yard raised above the sidewalk grade by at least 30 inches and a retaining wall of at least 18 inches high at the sidewalk line, if the topography would allow such improvements.
[3]
Either a fence of permanent construction at least 30 inches in height with one flowering shrub per each 60 inches across the width of the front of the house or a hedgerow having plant materials meeting the requirements of Table 3, Section D.[3]
[3]
Editor's Note: Table 3, Plant Materials List, is included as an attachment to this chapter.
(c)
Area and dimensional requirements:
[1]
Minimum lot area: 10,000 square feet.
[2]
Building area: 35% maximum.
[3]
Lot width: 50 feet minimum.
[4]
Front yard setback: 15 feet minimum from the right-of-way line; provided, however, that a front yard setback of only 10 feet from the right-of-way line is required for a corner lot with the side of the house facing the street.
[5]
Side yard setback: five feet minimum on one side with an aggregate of 15 feet minimum.
[6]
Rear yard setback: 30 feet minimum.
[7]
Impervious surface: 40% maximum.
(d)
Parking: two off-street parking spaces shall be provided for each dwelling unit.
(14)
B14 Small-Lot Village House.
[Added 7-14-2015 by Ord. No. 419]
(a)
A single-family detached dwelling on an individual lot with small private yards on all sides of the house. It differs from other forms of detached housing due to the small lot size (minimum 7,000 square feet) and placement on the lot. It is similar to structures found within the Borough of Chalfont Historic District. The structure is placed closer to the street and is additionally distinguished by plantings or architectural treatments.
(b)
At the discretion of the Borough Council, each small-lot village house may be required to provide one or more of the following as to each lot (with no two adjacent homes sharing the same elevation and facade):
[2]
A front yard raised above the sidewalk grade by at least 30 inches and a retaining wall of at least 18 inches high at the sidewalk line, if the topography would allow such improvements.
[3]
Either a fence of permanent construction at least 30 inches in height with one flowering shrub per each 60 inches across the width of the front of the house or a hedgerow having plant materials meeting the requirements of Table 3, Section D.[4]
[4]
Editor's Note: Table 3, Plant Materials List, is included as an attachment to this chapter.
(c)
Area and dimensional requirements.
[1]
Minimum lot area: 7,000 square feet.
[2]
Building area: 40% maximum.
[3]
Lot width: 50 feet minimum.
[4]
Front yard setback: 15 feet minimum from the right-of-way line; provided, however, that a front yard setback of only 10 feet from the right-of-way line is required for a corner lot with the side of the house facing the street.
[5]
Side yard setback: five feet minimum on one side with an aggregate of 15 feet minimum.
[6]
Rear yard setback: 20 feet minimum.
[7]
Impervious surface: 55% maximum.
(d)
Parking: two off-street parking spaces shall be provided for each dwelling unit.
C.
Institutional and recreational uses.
(1)
C1 Place of Worship. A structure referred to as a church, synagogue, temple, mosque or other facility that is used for prayer by persons of similar beliefs; a special purpose building that is architecturally designed and particularly adapted for the primary use of conducting, on a regular basis, formal religious services by a religious congregation.
(a)
Access shall be to a collector or primary street.
(b)
Parking: one off-street parking space for each two seats provided for patron use or at least one off-street parking space for each 40 square feet of gross floor area used or intended to be used for service to patrons, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee.
(2)
C2 School. Religious, sectarian and nonsectarian, denominational private school or public school which is not conducted as a private gainful business.
(a)
Schools in residential districts shall be subject to a minimum open space ratio of 0.75 and a maximum impervious surface ratio of 0.10.
(b)
Schools shall have access to a collector or primary street, except when located in the R-1 District.
(c)
Parking: one off-street parking space for each faculty member and employee plus one space per two classrooms and offices.
(3)
C3 Commercial School. Trade or professional school, music or dancing school or other schools not included in C2.
(a)
Parking: one off-street parking space per faculty member and employee, plus one space for every two students, at total enrollment.
(4)
C4 Library or Museum. Library or museum open to the public or connected with a permitted educational use and not conducted as a private, gainful business.
(a)
Parking: one off-street parking space per five seats or one off-street parking space per 250 square feet of gross floor area where no seats are provided, plus one space per employee.
(5)
C5 Private Club. A private club or lodge established for the fraternal, social, educational, civic or cultural enrichment of its members, whose members meet certain prescribed qualifications for membership and pay dues.
(a)
The use shall not be conducted as a private gainful business.
(b)
The use shall be for members and their authorized guests only.
(c)
No outdoor active recreation area shall be located nearer to any lot line than the required front yard depth.
(d)
Outdoor recreation areas shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbances.
(e)
Parking: one off-street parking space for every three persons present at such facilities when they are filled to capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to members and guests, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.
(6)
C6 Community Center. An educational, social, cultural or other similar facility, operated by a public or nonprofit group or agency, subject to the following provisions:
(a)
The use shall not be conducted as a private gainful business.
(b)
Dining services and/or the service of alcoholic beverages shall not be part of the regular activities at the facility.
(c)
No outdoor active recreation area shall be located nearer to any lot line than the required front yard depth.
(d)
Outdoor recreation areas shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbances.
(e)
Community centers shall have access to a collector or primary street.
(f)
Parking: one off-street parking space for each four seats provided for patron use or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.
(7)
C7 Day-Care Center. A facility in which out of home day care is provided to four or more children, disabled persons and/or elderly.
(a)
An outdoor recreation area shall be provided with a minimum area of 200 square feet for each child and 100 square feet for each child, disabled or elderly person. This outdoor play area shall be located to the side or rear of the lot and shall not include any parking areas. The outdoor play area shall be fully enclosed by a four-foot-high fence. A Class A buffer yard shall be provided in accordance with § 440-20, Table 2.[5]
[5]
Editor's Note: Table 2, Buffer Yard Planting Options, is included as an attachment to this chapter.
(b)
Sufficient facilities for passenger loading and unloading shall be provided.
(c)
This use may be permitted as accessory to a permitted nonresidential use.
(d)
A license from the Pennsylvania Department of Human Services shall be required.
(e)
Parking: one off-street parking space for each teacher, administrator and maintenance employee, plus one space per six children, disabled or elderly persons.
(8)
C8 Nursing Home. A nursing facility or convalescent home licensed by the Pennsylvania Department of Health which is set up to provide long-term health care to individuals who, by reason of advanced age, chronic illness or disabilities, including individuals suffering from Alzheimer's disease and related conditions, are unable to care for themselves.
[Added 12-13-2011 by Ord. No. 399-A]
(a)
A lot area of not less than one acre plus 500 square feet per resident is required.
(b)
Nursing homes shall have frontage and direct access on an arterial or collector street.
(c)
Each nursing home facility must provide an outdoor sitting area which must be landscaped. The sitting area must be properly situated in terms of the microclimate (no extreme southerly exposure) and shall not be located on land subject to flooding or on slopes over a 5% grade.
(d)
Parking: one off-street parking space per two patient beds, plus one off-street parking space for each staff and visiting doctor, plus one parking space for each employee (including nurses) on the two major shifts.
(e)
This use shall not include a hospital or residential care facility that includes areas devoted to the care of individuals under psychiatric care and/or areas where individuals are detained or otherwise confined and/or committed by either self- or court-appointed means.
(f)
This use shall also include a personal care boarding facility licensed by the Department of Human Services. All requirements relating to the C8 Nursing Home use shall be met by a personal care boarding facility.
(9)
C9 Borough Services. All Borough buildings, structures and uses, including but not limited to governmental offices; garages for the storage of tools, equipment and vehicles; Borough-sponsored police and emergency services, including those volunteer fire departments and emergency services departments which are partially or wholly funded by the Borough of Chalfont; and the use of land for the stockpiling of materials used by the Borough in its Borough functions.
(a)
The provisions of this chapter with respect to lot area, lot width, yard regulations, coverage regulations, height regulations, parking and any and all other regulations or requirements of this chapter (with the exception of those of the Floodplain Conservation District) shall be inapplicable to any municipal uses of property. Unless specifically excluded, municipal use of any property shall be deemed to be a permitted use within any district.
(10)
C10 Hospital. Such use shall include a licensed hospital or residential care facility that includes areas devoted to the care of individuals under psychiatric care and/or areas where individuals are detained or otherwise confined and/or committed by either self- or court-appointed means.
[Added 12-13-2011 by Ord. No. 399-A]
(a)
A lot area of no less than 10 acres shall be provided.
(b)
Where this use adjoins existing residential uses, a Class C buffer shall be provided. All other buffering associated with this use shall be in accordance with this chapter.
(c)
This use shall take access from a major collector or arterial highway.
(d)
Parking. No less than one off-street space shall be provided for every 450 square feet of gross floor area, plus one space for each employee.
(e)
An emergency access drive shall be required from a major collector or arterial highway.
(f)
All loading, maintenance, storage, tank and waste facilities shall be located internally on the site and not visible from any adjoining street or adjacent lot. These areas shall be required to have an independent Class C buffer.
D.
Office use.
(2)
D2 Medical Office. Office or clinic for medical or dental examination or treatment of persons as outpatients, including laboratories incidental thereto.
(3)
D3 Office Park. An office park is a planned development of office and related uses which includes improvements for internal streets, coordinated utilities, landscaping and buffering.
(a)
Area and dimensional requirements:
(b)
Permitted uses. C7 Day-Care Center, D1 Office, D2 Medical Office, E1 Retail Shop, E2 Service Business, E3 Financial Establishments, E4 Sit-down Restaurant, E10 Recreational Facility, E18 Parking Lot, E22 Dwelling in Combination With a Business and G2 Research.
(c)
At least 70% of the total floor space of the park shall be utilized for office uses.
(d)
Accessory outside storage or display of materials, goods or refuse is not permitted within an office park.
(e)
Individual uses may be located in detached and attached structures.
(f)
All uses within the office park shall take access from an interior roadway. Access for the park shall be from an arterial or collector highway.
(g)
All parking and loading facilities shall be located to the side or rear of buildings.
(h)
Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.
(j)
The applicant shall submit a plan for the overall design and improvements for the office park in accordance with Chapter 370, Subdivision and Land Development, of the Code of the Borough of Chalfont.
(k)
Parking: one off-street parking space for each 200 square feet of gross floor area.
E.
Retail and consumer service uses.
(1)
E1 Retail Shop. A shop or store with a gross floor area of 10,000 square feet or less selling items, including, but not limited to, apparel, books, confections, drugs, dry goods, flowers, prepackaged foodstuffs, furniture, gifts, hardware, toys, household appliances, jewelry, notions, periodicals, shoes, stationery, tobacco, paint, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, plants, fabrics and automotive accessories, not including repair and installation. Also included within this use shall be the sale of soft drinks, beer and other alcoholic beverages in sealed containers not for consumption on the premises.
(a)
All products produced on the premises shall be sold on the premises at retail.
(b)
The sale or rental of automobiles, trucks or other vehicles shall not be permitted.
(c)
Parking: one off-street parking space for every 200 square feet of gross floor area, plus one space for every employee on the largest shift.
(2)
E2 Service Business. Service business, including, but not limited to, barber, beautician, laundry and dry cleaning, shoe repair, tailor, photographer, travel agency and photocopy center.
(a)
Parking: one off-street parking space for every 200 square feet of gross floor area used or intended to be used for servicing customers, plus one space for each employee on the largest shift.
(3)
E3 Financial Establishment. Bank, savings and loan association, credit union and other financial establishments.
(a)
When drive-through service is provided as part of this use, a stacking lane shall be provided to serve a minimum of eight vehicles. Additional standards for use H13 drive-throughs shall also be met.
(b)
Parking: one off-street parking space for every 200 square feet of gross floor area, plus one space for every employee.
(4)
E4 Sit-Down Restaurant. Eating place for the sale and consumption of food and beverages without drive-through service. All food and beverages served by waiters and waitresses are to be consumed inside the building while patrons are seated at counters and tables. The sale of alcoholic beverages must be incidental to the sale and consumption of food.
(a)
Parking: one off-street parking space for every 50 square feet of gross floor area or one off-street parking space for every three seats, whichever requires the greater number of spaces, plus one space for every employee on the largest shift.
(5)
E5 Fast-Food Restaurant. Eating place which utilizes an inside window, service area or cafeteria line where customers place their orders and food is served for consumption at seating areas within the building and for customer takeout service.
(a)
Where a drive-through window is proposed, a stacking lane shall be provided to serve a minimum of eight cars. Additional standards for use H13 drive-throughs shall also be met.
(b)
Trash receptacles shall be provided outside the restaurant for patron use.
(c)
Parking: one off-street parking space for every 50 square feet of gross floor area or one off-street parking space for every two seats, whichever requires the greater number of spaces, plus one space for each employee on the largest shift.
(6)
E6 Repair Shop. Repair shop for appliances, lawn mowers, watches, guns, bicycles, locks, small business machines and other light equipment, but not including automobiles, motorcycles, trucks and heavy equipment.
(7)
E7 Funeral Home or Mortuary. An establishment for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
(a)
Parking: one off-street parking space for each four seats provided for patron use or one off-street parking space for every 50 square feet of gross floor area used or intended to be used in the operation of the establishment, whichever requires the greater number of off-street parking spaces, plus one space for each employee on the largest shift.
(8)
E8 Motel, Hotel and Inn. A building or group of buildings for the accommodation of transient guests, chiefly motorists, containing guest rooms for rent.
(b)
The maximum length of stay shall not exceed 30 days.
(c)
Parking: one off-street parking space for each rental room or suite, plus one off-street parking space for each employee on the largest shift. In addition, parking shall be provided for the accessory facilities noted in Subsection E(8)(a) above, based on one off-street parking space for every four persons of total capacity or based on the parking requirements for the specific use if it is listed as a separate use (i.e., E4 Sit-Down Restaurant).
(9)
E9 Indoor Entertainment Facility. An entertainment or recreational facility operated as a gainful business and taking place within a building, including a bowling alley, skating rink, billiard hall, movie theater, theater or other similar use.
(a)
Parking requirements.
[1]
Movie theater, theater. One off-street parking space for every three seats provided for patron use, plus one off-street parking space for each employee on the largest shift.
[2]
Bowling alley. Five off-street parking spaces for every bowling lane, plus one off-street parking space for each employee on the largest shift.
[3]
Other uses. One off-street parking space for every 120 square feet of gross floor area or one off-street parking space for every three seats, whichever is greater, plus one off-street parking space for each employee on the largest shift.
(10)
E10 Recreational Facility. A recreational facility with indoor and/or outdoor facilities. Activities may include the following:
(a)
Court games such as racquetball, handball, squash, tennis, basketball and volleyball.
(b)
Facilities for exercise equipment and health clubs.
(c)
Swimming pools.
(d)
Facilities related thereto. The use shall not include a rifle or shooting range.
[1]
Outdoor active recreation areas shall be set back at least 100 feet from any lot line if adjacent land is zoned for or is in residential use.
[2]
Outdoor recreation areas shall be sufficiently screened and isolated so as to protect the neighborhood from inappropriate noise and other disturbances.
[3]
Parking: one off-street parking space for every three persons of total capacity or at least one off-street parking space for every 150 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each employee on the largest shift.
(11)
E11 Tavern. An establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. The sale of food shall be incidental to the primary use.
(a)
Parking: one off-street parking space for each 50 square feet of gross floor area or one off-street parking space for every two seats intended for use by patrons, whichever requires the greater number of spaces, plus one off-street parking space for each employee on the largest shift.
(13)
E13 Service Station. An establishment for the sale of vehicular fuels and the sale and installation of lubricants, tires, batteries and similar automotive accessories. Any establishment selling vehicular fuels shall meet the requirements of this use.
(a)
A minimum lot width of 200 feet shall be provided along each street on which the lot abuts.
(b)
Access drives shall be at least 80 feet from the intersection of any streets, measured from the intersection of the street line.
(c)
All activities shall be performed within a completely enclosed building, except those to be performed at the fuel pumps.
(d)
Fuel pumps shall be at least 25 feet from any street right-of-way line.
(e)
All automobile parts and similar articles shall be stored within a building.
(f)
Lubrication, oil changes, tire changes and minor repairs shall be performed within a building.
(g)
Vehicles awaiting repairs shall not be stored outdoors for more than seven days.
(h)
The sale of convenience-type products shall be permitted as an accessory use subject to the following:
(i)
Paint spraying or body and fender work shall not be permitted.
(j)
The sale or rental of automobiles, trucks, trailers or other vehicles shall not be permitted.
(k)
All fuel tanks shall comply with Environmental Protection Agency (EPA) and Pennsylvania Department of Environmental Protection (DEP) regulations for such tanks.
(l)
Parking: one off-street parking space for every 300 square feet of gross floor area or four off-street parking spaces for each service bay, whichever requires the greater number of spaces, plus one space for each employee. Off-street parking spaces are not to be a part of nor interfere with the accessways to the pumps.
(14)
E14 Car Wash. A facility for washing automobiles.
(15)
E15 Automobile Sales. The sale, lease or rental of new or used automobiles, trucks (not exceeding one ton), motorcycles, boats and recreational vehicles.
(a)
Display areas shall not be permitted in the required front yard.
(b)
Automobile repair work shall be permitted as an accessory use, provided the requirements for use E16 auto repair are met.
(c)
Parking: one off-street parking space for each 200 square feet of gross floor area and one off-street parking space for each 2,000 square feet of total outside vehicle display area, plus one space for each employee on the largest shift. This required parking shall not be used for the display of vehicles.
(16)
E16 Automobile Repair. Automobile repair facility, including paint spraying and body and fender work.
(a)
All work shall be performed within a fully enclosed building.
(b)
All automobile parts and similar articles shall be stored within a building.
(c)
This use shall not include the sale of fuel. Any facility which does sell fuel shall be considered a service station.
(d)
Vehicles awaiting repairs shall not be stored outdoors for more than 30 days.
(e)
The sale of automotive accessories, parts, tires, batteries and other supplies shall be permitted in conjunction with this use.
(f)
The sale of new or used vehicles shall be prohibited.
(g)
Parking: one off-street parking space for each 200 square feet of gross floor area and one off-street parking space for each 2,000 square feet of total outside vehicle display area, plus one space for each employee on the largest shift. This required parking shall not be used for the display or storage of vehicles.
(17)
E17 Truck Sales. Truck and heavy equipment repair and sales.
(a)
Display areas shall not be permitted in the required front yard.
(b)
All repair work shall be performed within a fully enclosed building.
(c)
Vehicles awaiting repairs shall not be stored outdoors for more than 30 days.
(d)
Rental of trucks, automobiles and other vehicles shall be permitted.
(e)
Parking: one off-street parking space for each 200 square feet of gross floor area and one off-street parking space for each 2,000 square feet of total outside vehicle display area, plus one space for each employee on the largest shift. This required parking shall not be used for the display or storage of vehicles.
(18)
(19)
E19 Shopping Center. A group of commercial establishments which is preplanned and designed as a complex of related structures and circulation patterns, subject to the following:
(a)
The minimum lot area shall be four acres and the minimum lot width shall be not less than 250 feet.
(c)
Not more than 25% of the total lot area shall be occupied by buildings.
(d)
Permitted uses. D1 Office, D2 Medical Office, E1 Retail Shop, E2 Service Business, E3 Financial Establishment, E4 Sit-Down Restaurant, E5 Fast-Food, E6 Repair Shop, E9 Indoor Entertainment Facility and F3 Terminal.
(e)
Any use of the same general character as any of the above permitted uses shall be permitted when authorized as a special exception by the Zoning Hearing Board, subject to such reasonable restrictions as the Zoning Hearing Board may determine.
(f)
The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural unit with appropriate landscaping and coordinated access.
(h)
The distance at the closest point between any two buildings or groups of units of attached buildings shall be not less than 20 feet.
(i)
The proposed development shall be served by adequate water and public sewage disposal facilities, the adequacy of which shall be demonstrated and guaranteed to the satisfaction of the Borough Council.
(j)
Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from any direct glare or hazardous interference of any kind and meet the standards of § 440-26.
(k)
Parking. Five off-street parking spaces shall be provided and maintained for each 1,000 square feet, or portion thereof, of gross leasable area. Gross leasable area (GLA) is the total floor area designed for tenant occupancy and use, including basements, mezzanines, storage areas and upper floors, if any, expressed in square feet and measured from the center line of common partitions and from outside wall faces.
(20)
E20 Adult Commercial. Any establishment or concern which as a regular and substantial course of conduct performs or operates as an adult bookstore, adult video store, adult theater, adult motion-picture theater, adult cabaret, adult motel/hotel, adult arcade, or any other business or concern which as a regular and substantial portion of its business offers it patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting or relating to specified anatomical areas or specified sexual activities as described below, but not including those uses or activities the regulation of which is preempted by state law:
(b)
"Specified sexual activities" includes:
[1]
The fondling or other erotic touching of human genitals, public region, buttocks, anus or female breasts.
[2]
Sex acts, actual or simulated, including intercourse, oral copulation or sodomy.
[3]
Masturbation, actual or simulated.
[4]
Excretory functions as part of or in connection with any of the activities described in Subsection E(20)(a) or this subsection.
[5]
Striptease or the removal of clothing or the wearing of transparent or diaphanous clothing, including models dressed only in lingerie or swimwear.
(c)
Adult commercial uses shall be subject to the following provisions:
[1]
The building or structure of such use shall be located no less than 500 feet from any residential use or district, public or private school, church, recreation facility or any other religious, institutional or educational use.
[2]
No such use shall be located within 2,000 feet of a similar use.
[3]
No material displaying specified anatomical areas or specified sexual activities shall be visible from a window, door or exterior of the building.
[4]
No person under the age of 18 years of age shall be permitted within a building whose operation would be considered an adult use.
[5]
Parking: one off-street parking space for each four seats provided for patron use or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee.
(21)
E21 Flea Market. A periodic sales activity held within a building and/or outdoors where transient retail merchants offer goods, new or used, for sale to the public. [This does not include garage or yard sales as defined in Subsection H(2)(h).]
(a)
The minimum site area shall be two acres.
(b)
Outdoor sales areas shall not exceed 40% of the site devoted exclusively to the flea market activity.
(c)
Outdoor sales shall not be located in the minimum front, side or rear yards and shall be set back at least 50 feet from any lot line or street line.
(d)
Sales directly from vehicles shall be prohibited.
(e)
Tables and accessories which are used for outdoor sales shall be stored within a completely enclosed building when the flea market is not open.
(f)
Goods for sale must be removed from the site when the flea market is not in use.
(g)
A flea market shall not be open more than three days in any one week.
(h)
The area to be utilized for outdoor sales shall be physically delineated on the site by fencing, planting, markers or other means acceptable to the Borough Council.
(i)
Outdoor sales areas shall not encroach upon required parking areas and shall not interfere with traffic movement on the site.
(j)
The proposed flea market shall be served by adequate water and sewage disposal facilities, the adequacy of which shall be demonstrated and guaranteed to the satisfaction of the Borough Council.
(k)
Parking: one off-street parking space for every 150 square feet of gross floor area and outdoor sales areas, plus one space for each merchant.
(22)
E22 Dwelling in Combination With a Business. A dwelling or dwellings within the same building as an existing or permitted office or commercial use.
(23)
E23 Pet Day Care and Salon. An establishment which provides day care and hygiene services, including clipping, grooming and washing of domestic dogs and cats. Accessory retail sales of pet food supplies, gifts and training aids is permitted.
(b)
Overnight boarding is not permitted.
(c)
No outdoor enclosures or runs are permitted.
(d)
Sales of pet-related goods shall not occupy more than 10% of the floor area dedicated to pet care.
(e)
Parking: one off-street parking space for every 200 square feet of gross floor area, plus one space for every employee.
(24)
E24 Kennel. The keeping of dogs, cats and other domestic animals for retail sales, hunting, training or exhibition at organized shows and competitions.
(a)
Minimum lot area: two acres.
(b)
No more than 10 dogs or cats or no more than 15 small domestic animals shall be kept under the permanent care of the occupants. This requirement shall not apply to litters of domestic animals, which may be kept until they are weaned.
(c)
Animal shelters and runs shall not occupy more than 1% of the yard area.
(d)
Animal shelters and runs shall be located 50 feet from a property line and shall be buffered from the adjacent property line by an evergreen hedge. Hedge materials shall be placed on three-foot centers and shall produce a visual screen.
(e)
Animal shelters and runs shall be properly cleaned and maintained to prevent the creation of any nuisance health hazard or odor.
(f)
All dogs must be kept indoors between 10:00 p.m. and 10:00 a.m.
(g)
All kennels shall be licensed under the Dog Law Act of 1982, P.L. 784-225.[7]
[1]
Parking: one off-street parking space for each employee plus one space for each 10 animals in capacity, except if the kennel is also used for animal training, in which case one space shall be provided for each three animals.
[7]
Editor's Note: See 3 P.S. § 459-101 et seq.
(25)
E25 Sale of Motor Fuel as an Accessory Use to Use E1. The sale of motor fuel (gasoline and/or diesel fuel) as an accessory use that is accessory and subordinate to use E1 may be provided, if meeting the following conditions:
[Amended 5-14-2013 by Ord. No. 405]
(a)
The E25 use may only be utilized within the Butler Avenue Gateway Commercial Overlay District by conditional use.
(b)
Canopy covering fuel pumps shall be located a minimum of 30 feet from the ultimate right-of-way.
(c)
Fuel pumps shall only be located beneath approved canopy.
(d)
Access to the fuel pump area shall be taken from access drives interior to the proposed development only.
(e)
All fuel pumps and tanks shall comply with Environmental Protection Agency (EPA) and Pennsylvania Department of Environmental Protection (DEP) regulations for such tanks.
(26)
E26 Sales of Consumer Fireworks. Subject to compliance with all of the following regulations with respect to the use, as well as the general provisions regarding the special exceptions noted in § 440-147B and C, which said standards, although related to special exceptions, shall be applicable to conditional uses pursuant to this section, the following specific requirements shall be required:
[Added 1-14-2020 by Ord. No. 459]
(a)
Any structure containing quantities of consumer fireworks, as defined herein, exceeding 50 pounds shall be no closer than 150 feet to any building, state highway, railway, local street or alley, waterway, or utility right-of-way, including, but not limited to, any natural gas line.
(b)
All land development plans for the construction, use, or renovation of an existing building for the purpose of selling fireworks shall be reviewed by the Pennsylvania UCC Certified Plan Reviewer and Borough personnel for compliance with all required fire safety codes, including, but not limited to, the International Fire Code.
(c)
Sale of fireworks shall be subject to compliance with all of the provisions of Pennsylvania Act 43 of 2017 pertaining to the sale thereof. Security and site management shall be provided 24 hours per day.
(e)
All sales of consumer fireworks, as defined herein, shall be conducted only from a facility exclusively dedicated to the storage and sale of fireworks.
(f)
If the facility in which the sales of consumer fireworks are conducted is a temporary structure, it shall comply with the following regulations, in addition to the other regulations set forth in Subsection E(26)(a) through (f) above:
[1]
The temporary structure is located no closer than 250 feet from a facility storing, selling or dispensing gasoline, propane or other flammable products.
[2]
An evacuation plan is posted in a conspicuous location for a temporary structure in accordance with NFPA 1124.
[3]
The outdoor storage unit, if any, is separated from the wholesale or retail sales area to which a purchaser may be admitted by appropriately rated fire separation.
[4]
The temporary structure complies with NFPA 1124 as it relates to retail sales of consumer fireworks in temporary structures.
[5]
The temporary structure is located one of the following distances from a permanent facility licensed to sell consumer fireworks under the Act of May 15, 1939 (P.L. 134, No. 65), referred to as the "Fireworks Law,"[9] at the time of the effective date of this subsection:
[a]
Prior to January 1, 2023, at least five miles.
[b]
Beginning January 1, 2023, at least two miles.
[9]
Editor's Note: See 72 P.S. § 9401 et seq.
[6]
The temporary structure does not exceed 2,500 square feet.
[7]
The temporary structure is secured at all times during which consumer fireworks are displayed within the structure.
[8]
The temporary structure has a minimum of $2,000,000 in public and product liability insurance.
[9]
The sales period is limited to June 15 through July 8 and December 21 through January 2 of each year.
[10]
Consumer fireworks not on display for retail sale are stored in an outdoor storage unit.
[12]
Storage of consumer fireworks shall be permitted only as an accessory use to the sale of consumer fireworks on premises.
(g)
The facility from which fireworks are sold, whether permanent or temporary, shall comply with the on-lot dimensional area and parking regulations of the LI Zoning District, including, but not limited to, setbacks and buffers.
F.
Utility, service and transportation uses.
(1)
F1 Utilities. Transformer station, pumping station, substations, telephone switching center, water or sewage treatment facility and any similar or related installation. In addition to public utilities, this use includes private utilities in a subdivision or land development. Cellular telecommunications facilities are regulated under use F4 and are not utilities.
(a)
In residential districts, such uses shall be permitted only where all of the following conditions have been met. These requirements shall not apply to uses that are exempt under Section 619 of the Pennsylvania Municipalities Planning Code.[10]
[1]
Such installation is essential to service such residential areas.
[2]
No storage building or storage yard shall be operated in connection with the use.
[10]
Editor's Note: See 53 P.S. § 10619.
(b)
Parking: two off-street parking spaces, plus one off-street parking space for each employee normally in attendance at the facility at any time.
(2)
F2 Emergency Services. Fire, ambulance, rescue and other emergency services of a Borough or volunteer nature.
(a)
Parking: three off-street parking spaces for every four employees on the two major shifts at maximum employment or four off-street parking spaces for each fire truck where no community room is a part of the building, whichever requires the greater number of parking spaces. Where a community room is provided, two off-street parking spaces for each fire truck plus one off-street parking space for each 50 square feet of gross floor area.
(3)
F3 Terminal. Railway station or bus station providing transportation services to the general public.
(a)
Parking: off-street parking spaces as the Planning Commission and Borough Council shall determine adequate to serve customers, patrons, visitors, employees and vehicles normally parked on the premises.
(4)
Wireless Communications Facilities.
[Amended 9-10-2019 by Ord. No. 457]
(a)
General and Specific Requirements for non-tower wireless Communications Facilities.
[1]
The following regulations shall apply to all non-tower WCFs that do not meet the definition of a small WCF:
[a]
Permitted in all zones subject to regulations. Non-tower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and subject to generally applicable permitting by the Borough.
[b]
Eligible facilities request. WCF applicants proposing a modification to an existing WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Borough Zoning Officer. In order to be considered for such permit, the WCF applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures.
[c]
Nonconforming wireless support structures. Non-tower WCFs shall be permitted to co-locate upon nonconforming tower-based WCFs and other nonconforming structures. Co-location of WCFs upon existing tower-based WCFs is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.
[d]
Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.
[e]
Wind and ice. All non-tower WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
[f]
Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
[g]
Public safety communications. Non-tower WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
[h]
Radio frequency emissions. A non-tower WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
[i]
Removal. In the event that use of a non-tower WCF is 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:
[i]
All abandoned or unused WCFs and accessory equipment shall be removed within 60 days of the cessation of operations at the site unless a time extension is approved by the Borough.
[ii]
If the WCF or accessory equipment is not removed within 60 days of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.
[j]
Insurance. Each person that owns or operates a non-tower WCF shall annually provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.
[k]
Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, 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 non-tower WCF. Each person that owns or operates a non-tower 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 a non-tower 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.
[l]
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
[i]
The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[ii]
Such maintenance shall be performed to ensure compliance with applicable structural safety standards and radio frequency emissions regulations.
[iii]
All maintenance activities shall conform to industry maintenance standards.
[m]
Timing of Approval.
[i]
Within 90 days of receipt of a complete application for a non-tower WCF on a preexisting wireless support structure that substantially changes the wireless support structure to which it is attached, the Borough Council shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.
[ii]
Within 60 days of receipt of a complete application for a non-tower WCF on a preexisting wireless support structure that does not substantially change the wireless support structure to which it is attached, the Borough Zoning Officer shall issue the required building and zoning permits authorizing construction of the WCF. All applications for such WCF shall designate that the proposed WCF meets the requirements of an eligible facilities request.
[2]
In addition to the requirements in § 440-15F(4)(a)[1] above, the following regulations shall apply to all non-tower WCFs that substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Co-location Act:
[a]
Noncommercial usage exemption. Borough residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or Internet connections at their residences shall be exempt from the regulations enumerated in this § 440-15F(4).
[b]
Small WCF exemption. Non-tower WCFs that meet the definition of a small WCF shall be exempt from the requirements of this § 440-15F(4)(a)[2]. Such small WCFs shall be subject only to the requirements of § 440-15F(4)(c).
[c]
Prohibited on certain structures. No non-tower WCF shall be located on single-family detached residences, single-family attached residences, semi-detached residences, duplexes, or any residential accessory structure.
[d]
Conditional use authorization required. Any WCF applicant proposing the construction of a new non-tower WCF or the substantial change of an existing non-tower WCF, shall first obtain conditional use authorization from the Borough Council. The conditional use application shall demonstrate that the proposed facility complies with all applicable provisions in the Chalfont Borough Zoning Ordinance.
[e]
Historic buildings. No non-tower WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or eligible to be so listed, located within an historic district, or is included in the official historic structures list maintained by the Borough. Any application proposing a non-tower WCF to be constructed in the Borough historic district shall require supplemental approval from the Borough Historic Architectural Review Board.
[f]
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 non-tower WCF, as well as related inspection, monitoring and related costs. Such permit fees shall be established by the Borough Fee Schedule[11] and shall comply with the applicable requirements of the FCC.
[11]
Editor's Note: The current Fee Schedule is on file in the Borough offices.
[g]
Development regulations. Non-tower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs, subject to the following conditions:
[i]
The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.
[ii]
In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Borough justifying the total height of the WCF.
[iii]
If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
[iv]
A security fence not to exceed eight feet in height shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
[h]
Design regulations. Non-tower WCFs shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology utilized by the WCF applicant shall be subject to the approval of the Borough.
[i]
Removal, replacement and substantial change.
[i]
The removal and replacement of a non-tower WCF and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall height of the WCF or increase the number of antennas.
[ii]
Any substantial change to a WCF shall require notice to be provided to the Borough Zoning Officer, and possible supplemental permit approval as determined by the Borough Zoning Officer.
[j]
Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the lease area of any property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
[3]
Regulations Applicable to all non-tower WCFs located in the Public rights-of-way. In addition to the applicable non-tower WCF provisions listed in § 440-15F(4)(a)[1], the following regulations shall apply to non-tower WCFs located in the public rights-of-way that do not meet the definition of a small WCF:
[a]
Design requirements.
[i]
WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
[ii]
Antennas and accessory equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
[b]
Time, Place and Manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
[c]
Equipment location. Ground-mounted accessory equipment shall be located underground or, if undergrounding is demonstrated to be unfeasible, 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 Council. In addition:
[i]
In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb, within four feet of the edge of the cartway, or within an easement extending onto a privately owned lot;
[ii]
Ground-mounted accessory equipment that cannot be placed underground shall be screened from surrounding views, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough Council. Ground-mounted accessory equipment shall be screened, when possible, by utilizing existing structures. If screening by utilizing existing structures is not possible, ground-mounted accessory equipment shall be made architecturally and aesthetically compatible with the surrounding area through the use of coatings, landscaping, and/or screening walls or enclosures to the satisfaction of the Borough Council. Screening shall not cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or otherwise inconvenience public use of the ROW as determined by the Borough Council.
[iii]
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough Council. The WCF owner shall be solely responsible for this requirement.
[iv]
Any graffiti on any accessory equipment shall be removed within 30 days upon notification by the Borough at the sole expense of the owner.
[v]
Any proposed underground vault related to a non-tower WCF shall be reviewed and approved by the Borough Council.
[vi]
Accessory equipment attached to the wireless support structure shall have a minimum of eight feet of vertical clearance above finished grade.
[d]
Relocation or Removal of Facilities. Within 90 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 the following circumstances:
[i]
The construction, repair, maintenance or installation of any Borough 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; or
[iv]
An emergency as determined by the Borough.
[e]
Reimbursement for ROW use. In addition to permit fees as described in this section, every non-tower WCF in the ROW is subject to the Borough's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each non-tower 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.
(b)
General and specific requirements for tower-based wireless communications facilities.
[1]
The following regulations shall apply to all tower-based wireless communications that do not meet the definition of a small WCF:
[a]
Conditional use authorization required. Tower-based WCFs are permitted by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this § 440-15F(4)(b).
[i]
Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall send via first-class mail notice to all owners of every property within 500 feet of the proposed facility, advising of the subject matter and date of such hearing. Such notice shall be sent 10 days in advance of any such hearing. The WCF applicant shall provide proof of the notification to the Borough Council along with the list of return receipts received.
[ii]
Prior to Borough Council's approval of a conditional use authorizing the construction and installation of a tower-based WCF, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of Borough Council that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable, less-intrusive alternative location exists. This test is also met when the WCF applicant demonstrates that the WCF is being proposed to densify an existing wireless network, introduce new services or otherwise improve service capabilities.
[iii]
The conditional use application shall be accompanied by a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
[iv]
The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.
[v]
Where the tower-based WCF is located on a property that is not owned by the WCF applicant, the WCF applicant shall present documentation to Borough Council that the owner of the property has granted an easement or other property right, if necessary, for the proposed WCF and that vehicular access will be provided to the facility.
[vi]
Engineer inspection. Prior to the Borough Zoning Officer's issuance of a zoning permit authorizing construction and erection of a tower-based WCF, a structural engineer licensed in the Commonwealth of Pennsylvania shall issue to the Borough Zoning Officer a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional hearings or at a minimum be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.
[vii]
Co-location and siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. Borough Council may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:
[A]
The proposed antenna and accessory equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
[B]
The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower, and the interference cannot be prevented at a reasonable cost.
[C]
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
[D]
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
[viii]
The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions of this chapter.
[b]
Development regulations.
[i]
Tower-based WCFs shall not be located in, or within 50 feet of, an area in which all utilities are located underground, unless the WCF applicant proves to the satisfaction of the Borough that installing its facility in such a location is necessary to provide wireless service and that no other feasible alternative exists.
[ii]
Tower-based WCFs are permitted outside the public rights-of-way in the following zoning districts by conditional use, subject to the requirements of this chapter:
[iii]
No tower-based WCF shall be permitted in the Borough Historic District.
[iv]
Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum requirements of the underlying zoning district. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed WCF structure's height, unless the applicant shows to the satisfaction of the Borough Council that the proposed tower-based WCF has been designed in such a manner that a lesser setback will have no negative effects on public safety.
[v]
Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:
[A]
The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the WCF.
[B]
Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.
[C]
Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed height of the tower-based WCF, unless the applicant shows to the satisfaction of the Borough Council that the proposed tower-based WCF has been designed in such a manner that a lesser setback will have no negative effects on public safety.
[c]
Design regulations.
[i]
Height. Tower-based WCFs shall be designed and kept at the minimum functional height. The maximum total height of a tower-based WCF, which is not located in the public ROW, shall not exceed the maximum building height allowed in each zoning district, as measured vertically from the ground level to the highest point on the structure, including antennas and subsequent alterations. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the tower-based WCF is the minimum height necessary for the service area.
[ii]
Visual Appearance and Land Use Compatibility. Tower-based WCFs shall employ stealth technology which may include the tower portion to be painted brown or another color approved by Council or shall have a galvanized finish. All tower-based WCFs and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; prevent a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
[iii]
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
[iv]
Any tower-based WCF over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.
[d]
Surrounding environs.
[i]
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.
[ii]
The WCF applicant shall submit a soil report to the Borough Council complying with the standards of Appendix I: Geotechnical Investigations, ANSI/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
[e]
Fence/screen.
[i]
A security fence having a height not to exceed eight feet shall completely surround any tower-based WCF located outside the public rights-of-way, as well as guy wires, or any building housing WCF equipment.
[ii]
A screen consisting of a hedge planted three feet on center maximum or consisting of evergreen trees each at least four feet in height and planted 10 feet on center maximum, shall surround the tower-based WCF and security fence. Existing vegetation shall be preserved to the maximum extent possible.
[f]
Accessory equipment.
[i]
Ground-mounted accessory equipment associated or connected with a tower-based WCF shall not be located within 50 feet of a lot in residential use.
[ii]
Accessory equipment associated, or connected, with a tower-based WCF shall be placed underground or screened from public view using stealth technology. All ground-mounted accessory equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
[iii]
Either one single-story wireless communications equipment building not exceeding 500 square feet in area for each unrelated company sharing commercial communications antenna(e) space on the tower-based WCF outside of the public ROW.
[g]
Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Pennsylvania Uniform Construction Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.
[h]
Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Borough Council with a written commitment that it will allow at least two other service providers to co-locate antennas on tower-based WCFs, where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Borough Zoning Officer.
[i]
Eligible facilities request. WCF applicants proposing a modification to an existing WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Borough Zoning Officer. In order to be considered for such permit, the WCF applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures.
[j]
FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
[k]
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCFs. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Borough that the property owner has granted an easement or other property right for the proposed facility.
[l]
Parking. For each tower-based WCF, there shall be one off-street parking space.
[m]
Inspection. The Borough reserves the right to inspect any tower-based WCF to ensure compliance with the Zoning Ordinance and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the lease property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
[n]
Wind and ice. Any tower-based WCF shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering department of the Telecommunications Industry Association (ANSI/TIA-222, as amended).
[o]
Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
[p]
Maintenance. The following maintenance requirements shall apply:
[i]
Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance, repair or replacement.
[ii]
Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Borough's residents and utilize industry standard technology for preventing failures and accidents.
[q]
Radio frequency emissions. A tower-based WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Borough Secretary on an annual basis.
[r]
Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
[s]
Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Secretary.
[t]
Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
[u]
Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Borough Zoning Officer, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, and the Borough Council shall advise the WCF applicant in writing of its decision. If additional information was requested by the Borough to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.
[v]
Nonconforming uses. Nonconforming tower-based WCFs which are 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 this section. The co-location of antennas is permitted on nonconforming structures.
[w]
Removal. In the event that use of a tower-based 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:
[i]
All unused or abandoned tower-based WCFs and accessory equipment shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Borough.
[ii]
If the WCF and/or accessory equipment is not removed within 90 days of the cessation of operations at a 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.
[iii]
Any unused portions of tower-based WCFs, including antennas, shall be removed within 90 days of the time of cessation of operations. The Borough must approve all replacements of portions of a tower-based WCF or pole facility previously removed.
[x]
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 tower-based WCF, as well as related inspection, monitoring, and related costs. Such permit fees shall be established by the Borough Fee Schedule[12] and shall comply with the applicable requirements of the FCC.
[12]
Editor's Note: The current Fee Schedule is on file in the Borough offices.
[y]
Insurance. Each person that owns or operates a tower-based WCF shall provide the Borough Zoning Officer with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF.
[z]
Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, 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 tower-based WCF. Each person that owns or operates a tower-based 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 a tower-based 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.
[aa]
Engineer signature. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(c)
Regulations applicable to all small wireless communications facilities.
[1]
The following regulations shall apply to small wireless communications facilities:
[a]
Location and development standards.
[i]
Small WCFs are permitted by administrative approval from the Borough Zoning Officer in all Borough zoning districts, subject to the requirements of this § 440-15F(4)(c) and generally applicable permitting as required by the Borough Code.
[ii]
Eligible facilities request. WCF applicants proposing a modification to an existing WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Borough Building Code Official. In order to be considered for such permit, the WCF applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures.
[iii]
Small WCFs located within the Borough Historic District shall be co-located on an existing wireless support structure. No new wireless support structure may be installed for the purpose of supporting a small WCF within the Borough Historic District.
[iv]
Small WCFs in the public ROW requiring the installation of a new wireless support structure shall not be located in front of any building entrance or exit.
[b]
Nonconforming wireless support structures. Small WCFs shall be permitted to co-locate upon nonconforming tower-based WCFs and other nonconforming structures. Co-location of WCFs upon existing tower-based WCFs is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.
[c]
Standard of care. Any small WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.
[d]
Historic buildings. No small WCF may be located within 100 feet of any property, or on a building or structure, that is listed on either the National or Pennsylvania Register of Historic Places, or eligible to be so listed, located within an historic district, or is included in the official historic structures list maintained by the Borough. Any application proposing a small WCF to be constructed in the Borough historic district shall comply with the historic district design requirements of this § 440-15(F)(4)(c) and all generally applicable historic district requirements as established by the Borough Code.
[e]
Wind and ice. All small WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
[f]
Aviation safety. Small WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
[g]
Public safety communications. Small WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
[h]
Radio frequency emissions. A small WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
[i]
Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
[j]
Accessory equipment. Small WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Borough.
[k]
Graffiti. Any graffiti on the wireless support structure or on any accessory equipment shall be removed at the sole expense of the owner within 30 days of notification by the Borough.
[l]
Design standards. All small WCFs in the Borough shall comply with the following design standards:
[i]
Utility poles shall not obstruct vehicular, pedestrian, or cyclist traffic or sight lines in an unsafe manner.
[ii]
All small WCFs shall be designed and constructed in an effort to minimize aesthetic impact to the extent technically feasible.
[iii]
No small WCFs shall extend beyond the boundaries of the rights-of-way unless approved on a case-by-case basis by the appropriate Borough official.
[iv]
Antenna standards.
[A]
Any antenna associated with a small WCF shall not exceed three cubic feet in volume.
[B]
All pole-top antennas shall be flush-mounted as closely to the top of the utility pole as technically feasible.
[C]
All antennas shall be of a design, style, and color that reasonably matches the utility pole upon which they are attached.
[D]
Any necessary pole-top extension shall be of the minimum height necessary to achieve separation from the existing pole attachments.
[E]
Any antenna mounted on a lateral standoff bracket shall protrude no more than necessary to meet clearances.
[F]
If mounted on an existing structure, no antenna shall impair the function of said structure.
[G]
Antenna placement shall not impair light, air, or views from adjacent windows.
[v]
Accessory equipment standards.
[A]
Accessory equipment shall not exceed 28 cubic feet in volume. Stealth technology shall not be included in the accessory equipment volume calculation.
[B]
Accessory equipment shall be mounted flush to the side of a utility pole, or as near flush to the side of a utility pole as technically feasible.
[C]
Accessory equipment shall be mounted so as to provide a minimum of eight feet vertical clearance from ground level.
[D]
Accessory equipment shall be of a color that reasonably matches the utility pole upon which such accessory equipment is mounted.
[E]
All accessory equipment shall be contained within a single equipment shroud or cabinet.
[F]
All small WCFs shall post a sign in a readily visible location identifying the owner's permit number and the name and phone number of a party to contact in the event of an emergency. The only other signage permitted shall be that required by the FCC or any other federal or state agency.
[G]
Accessory equipment placement shall not impair light, air, or views from adjacent windows.
[H]
No accessory equipment shall feature any lighting, including flashing indicator lights, unless required by state or federal law.
[vi]
Wiring standards.
[A]
Exposed wiring is prohibited.
[B]
Transmission, fiber, power cables and any other wiring shall be contained within any utility pole for which such concealment is technically feasible. If wiring cannot be contained within the utility pole, all wiring shall be contained within conduit or U-guard that is flush-mounted to the utility pole.
[C]
All wiring shall be installed without excessive slack or extra cable storage on the utility pole.
[D]
Any conduit or U-guard shall be of a color that reasonably matches the utility pole to which the small WCF is attached.
[E]
Loops of extra wiring shall not be attached to any utility pole.
[vii]
Replacement poles.
[A]
The maximum height of any proposed replacement utility pole shall be:
{1} | No more than 10% taller than the tallest existing utility pole in the public rights-of-way within a 250-foot radius of the proposed small WCF; or | |
{2} | Fifty feet above ground level, whichever is greater. |
[B]
Any replacement utility pole shall be of comparable materials and design to the existing utility pole.
[C]
Any replacement utility pole shall be placed within five feet of the existing utility pole being replaced.
[D]
Any replacement utility pole shall be designed to accommodate all uses that exited on the existing utility pole prior to replacement. As part of an application for a small WCF, the applicant shall provide documentation from a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the replacement utility pole, small WCF, and prior existing uses shall be structurally sound.
[E]
Any replacement utility pole shall not deviate from the predominant pattern of existing adjacent structures.
[viii]
New poles.
[A]
The maximum height of any new utility pole shall be:
{1} | No more than 10% taller than the tallest existing utility pole in the public rights-of-way within a 250-foot radius of the proposed small WCF; or | |
{2} | Fifty feet above ground level, whichever is greater. |
[B]
Any new utility pole shall be installed in accordance with the predominant pattern of existing adjacent structures.
[C]
To the extent technically feasible, no new utility pole shall be installed:
{1} | In the front facade area of any commercial or residential building; | |
{2} | Within 10 feet of the edge of any driveway; | |
{3} | In the public rights-of-way directly opposite any driveway; or | |
{4} | In violation of the design standards contained herein. |
[ix]
Decorative poles.
[A]
Decorative poles shall be required:
{1} | For the replacement of any existing decorative pole; and | |
{2} | In any zoning district where all utilities are required to be placed underground on a nondiscriminatory basis. |
[B]
For any replacement decorative pole, the new decorative pole shall match the existing decorative pole in shape, design, color, and material.
[x]
Additional Historic District Standards.
[A]
All applicants proposing the construction of a small WCF within the Borough Historic District shall be required to submit a copy of construction drawings detailing the dimensions and design of the proposed small WCF to the Borough Board of Historic Architectural Review (HARB) in order to allow HARB to provide input on the design of the proposed small WCF.
[B]
All small WCFs within the Borough Historic District shall comply with the applicable requirements for construction and design within such district.
[C]
Small WCFs and accessory equipment shall be treated to match the color and texture of the underlying wireless support structure to the maximum extent technically feasible.
[D]
No ground-mounted accessory equipment shall be permitted in the Borough Historic District.
[E]
Any signage associated with a small WCF in the Borough Historic District shall be directed away from the windows of adjacent properties and direct lines of sight.
[F]
All small WCFs in the Borough Historic District shall utilize camouflaging in order to limit the aesthetic impact of the small WCF to the maximum extent technically feasible. As part of an application for a small WCF in the Borough Historic District, the applicant shall provide proposals for camouflaging of the small WCF for Borough review and approval. If the proposed small WCF does not utilize camouflaging, the applicant shall include documentation detailing the camouflaging efforts explored in the design of the small WCF and a detailing description of why the utilization of such camouflaging is technically infeasible for the proposed small WCF.
[G]
In order of preference, small WCFs in the Borough Historic District shall be deployed in the public ROW of the following roads:
{1} | Main Street. | |
{2} | Butler Pike (Business 202). |
[m]
Timing of Approval.
[i]
Within 60 days of receipt of an application for Co-location of a small WCF on a preexisting wireless support structure, the Borough Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.
[ii]
Within 90 days of receipt of an application for a small WCF requiring the installation of a new wireless support structure, the Borough Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.
[iii]
Within 10 calendar days of the date that an application for a small WCF is filed with the Borough Zoning Officer, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such application.
[n]
Relocation or removal of facilities. Within 90 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 small 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 determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[i]
The construction, repair, maintenance or installation of any Borough 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; or
[iv]
An emergency as determined by the Borough
[o]
Reimbursement for ROW use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the Borough's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW 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.
G.
Industrial uses.
(1)
G1 Manufacturing. Manufacturing, including the production, processing, cleaning, testing and distribution of materials, goods, foodstuffs and products.
(b)
Parking: one off-street parking space for each employee on the largest shift, plus one off-street parking space for each company vehicle normally stored on the premises, plus one off-street parking space for every 10 employees on the largest shift for visitor parking. Also, the applicant must illustrate on the land development plan that there is sufficient area on site to accommodate the parking requirement based on one space for every 500 square feet of gross floor area; this is to ensure that a sufficient amount of parking can be provided if the use or tenancy changes. In addition, the requirements of §§ 440-31, 440-32 and 440-33 shall be met.
(2)
G2 Research. Research, testing or experimental laboratory.
(a)
Parking. One off-street parking space for each employee on the largest shift or one space for every 250 square feet of gross floor area, whichever requires the greater number of parking spaces, plus one space for each company vehicle normally stored on the premises.
(3)
G3 wholesale Business, Wholesale Storage, Warehousing. Wholesale Business, Wholesale Storage or Warehousing, Excluding Retail Sales.
(a)
Parking: one off-street parking space for each employee on the largest shift, plus one off-street parking space for each company vehicle normally stored on the premises, plus one off-street parking space for every 10 employees on the largest shift for visitor parking. Also, the applicant must illustrate on the land development plan that there is sufficient area on site to accommodate the parking requirement, based on one space for every 500 square feet of gross floor area; this is to ensure that a sufficient amount of parking can be provided if the use or tenancy changes. In addition, the requirements in §§ 440-21, 440-32 and 440-33 shall be met.
(4)
G4 Mini Warehouse. A structure containing separate storage spaces which are leased to the general public for the purpose of storing items generally stored in residential structures.
(a)
The maximum height of storage units shall be 12 feet.
(b)
The minimum building spacing shall be 24 feet.
(c)
No structures shall exceed 6,000 square feet in size.
(d)
Outdoor storage of automobiles, boats and recreational vehicles shall be permitted based on the following ratio: one square foot of outdoor storage area for every two square feet of indoor storage area. The outdoor storage area shall not be located in the required yards and shall not interfere with traffic movement through the complex. Outdoor storage areas shall be properly screened so as not to be visible from any adjacent streets or property.
(e)
Such use shall be surrounded by a fence at least six feet in height.
(f)
One office shall be permitted as accessory use.
(g)
No business activity other than leasing of storage units shall be permitted.
(h)
Storage of explosive, toxic, radioactive or highly flammable materials shall be prohibited.
(i)
Parking: one off-street parking space for each 2,000 square feet of gross floor area of storage. These parking spaces should be distributed equally throughout the storage facility.
(5)
G5 Printing. Printing, publishing, binding.
(a)
Parking: one off-street parking space for each employee on the largest shift or one off-street parking space for every 250 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.
(6)
G6 Contracting. Contractor offices and shops such as building, cement, electrical, heating, painting, masonry and roofing.
(a)
Parking: one off-street parking space for each employee on the largest shift or one space for each 250 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.
(7)
G7 Crafts. Plumbing, carpentry, upholstery, cabinetmaking, furniture-making and similar crafts.
(a)
Parking: one off-street parking space for each employee on the largest shift or one off-street parking space for every 500 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.
(8)
G8 Outside Storage. Principal use of the site is for the outside storage of items such as unregistered automobiles, boats and tractor trailers.
(a)
No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas and no part of the front yard shall be occupied by outside storage.
(b)
Outside storage and display areas shall be shielded from view from all public streets and adjacent lots.
(9)
G9 Fuel Storage and Distribution. Fuel storage and distribution tanks and related buildings.
(a)
Approval shall be secured from the Pennsylvania State Police Fire Marshal and the Pennsylvania Department of Environmental Protection (DEP) for the storage of fuel.
(b)
No retail sales shall be permitted on the premises.
(c)
Parking: one off-street parking space for each employee, plus one space for each company vehicle normally stored on the premises.
(10)
G10 Junkyard. An area of land, with or without buildings, used for the storage of used or discarded materials, including, but not limited to, wastepaper, glass, rags, metal, building materials, house furnishings, machinery, vehicles or parts thereof. The deposit or storage of two or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation, excluding farm vehicles, or of two or more wrecked or broken vehicles or the major parts of two or more such vehicles shall only be stored in a licensed junkyard.
(a)
The maximum lot area shall be 10 acres.
(b)
Such use shall be a minimum of 100 feet from any street line or property line.
(c)
The land area used for junkyard purposes shall not be exposed to public view from any public street or residence.
(d)
A junkyard shall be entirely enclosed by a solid fence or wall, at least eight feet but no more than 10 feet high, constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. Such gates shall be locked at all times when the junkyard is not in operation. Such fence or wall shall be kept in good repair and neatly painted in a uniform color.
(e)
A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. The buffer yard shall be 100 feet in width. Evergreens shall be four to five feet in height and planted on ten-foot staggered centers. The buffer yard plantings required by § 440-20, Table 1, Determination of Buffer Yard Class, and Table 2, Buffer Yard Planting Options, shall not be applicable.[14] However, all other requirements of § 440-20 shall be met.
[14]
Editor's Note: Tables 1 and 2 are included as attachments to this chapter.
(f)
The contents of a junkyard shall not be placed or deposited to a height greater than eight feet.
(g)
All paper, rags, cloth and other fibers and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.
(h)
The storage of toxic chemicals or nuclear wastes shall be prohibited.
(i)
Dumping of trash or landfill operations and burning of any materials shall be prohibited.
(j)
No material shall be placed in a junkyard in such a manner that it is capable of being transferred out of the junkyard by wind, water or other natural causes.
(k)
All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of material, preventing the collection of stagnant water, extermination procedures or other means.
(l)
No burning shall be carried on in any junkyard. Fire shall be prevented and hazards avoided by organization and segregation of stored materials, with particular attention to the separation of combustibles from other materials and enclosure of combustibles where necessary (gas tanks shall be drained), by the provision of adequate aisles, at least 15 feet, for escape and firefighting and by other necessary measures.
(m)
All vehicles must be drained of all liquids before they are placed in the junkyard. An impervious base, free of cracks and sufficiently large for draining liquids from all vehicles, shall be provided. The base should be sloped to drain to a sump or holding tank and liquid shall be removed from the site as often as is necessary to prevent overflow of the system. Curbing around the pad must be able to retain runoff from a 100-year, twenty-four-hour storm. All hazardous liquids shall be properly disposed of according to the Department of Environment Protection's Rules and Regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(n)
A zoning permit shall be obtained on an annual basis with application made by January 15 of each year. The permit shall be issued only after an inspection by the Zoning Officer to certify that this use meets all provisions of this chapter and other ordinances.
(o)
Materials meeting the definition of "municipal waste," as defined below, shall not be stored on site for a period exceeding one year. If municipal waste is stored on a site for a period greater than one year, the applicable requirements for a municipal waste disposal facility in accordance with Pennsylvania Code, Title 25, Chapters 271 to 285, as amended, shall be met:
"Municipal waste. Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishment and from community activities and sludge not meeting the definition of residual or hazardous waste under Pennsylvania Code, Title 25, Chapter 271.1, as amended, from a municipal, commercial or institutional water supply treatment plan, water treatment plant or air pollution control facility."
(p)
Parking: one off-street parking space for each employee on the largest shift, plus one space for each company vehicle normally stored on the premises.
(11)
G11, Medical Marijuana Dispensary.
[Added 9-12-2017 by Ord. No. 435]
(a)
A medical marijuana dispensary shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate and up-to-date registration with the Department of Health. Should registration be denied or revoked at any time, any special exception shall immediately become void.
(b)
A medical marijuana dispensary shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.
(c)
A medical marijuana dispensary shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, of a parcel containing a public, private or parochial school, or day-care center. Nor shall a medical marijuana dispensary be located closer than 2,500 feet to another medical marijuana dispensary or from a medical marijuana grower/processor.
(d)
A medical marijuana dispensary must operate entirely within an indoor, enclosed, and secure facility. No exterior sales and no sidewalk displays shall be permitted. No drive-through, drop-off, or pickup services shall be permitted.
(e)
A medical marijuana dispensary may not operate on the same site as a medical marijuana grower/processor.
(g)
No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.
(h)
A medical marijuana dispensary shall post a copy of its permit in a location within its facility in a manner that is easily observable by patients, caregivers, law enforcement officers, and agents of the Pennsylvania Department of Health.
(i)
Parking: one off-street parking space for each employee on the largest shift or one off-street parking space for every 250 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.
(12)
G12 Medical Marijuana Grower/Processor.
[Added 9-12-2017 by Ord. No. 435]
(a)
A medical marijuana grower/processor shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities. A medical marijuana grower/processor shall provide proof of registration with the Pennsylvania Department of Health and shall at all times maintain a valid, accurate, and up-to-date registration with the Pennsylvania Department of Health. Should registration be denied or revoked at any time and for any reason, any permits shall immediately become void.
(b)
A medical marijuana grower/processor shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, of a parcel containing a public, private or parochial school or a day-care center. Nor shall a medical marijuana grower/processor be located closer than 2,500 feet to another medical marijuana grower/processor or medical marijuana dispensary.
(c)
A medical marijuana grower/processor must operate entirely within an indoor, enclosed, and secure facility.
(d)
A medical marijuana grower/processor may not operate on the same site as a medical marijuana dispensary.
(e)
A medical marijuana grower/processor shall be secured and all remnants and by-products properly disposed of in accordance with the Pennsylvania Department of Health Policy and shall not be placed within any unsecure exterior refuse containers.
(f)
No retail sales of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.
(g)
No use of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.
(h)
A medical marijuana grower/processor shall submit a security plan to and obtain approval from the Director of Public Safety. The medical marijuana grower/processor shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility, as required by Section 1102 of the Medical Marijuana Act[16] and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.
[16]
Editor's Note: See 35 P.S. § 10231.1102.
(i)
A medical marijuana grower/processor facility shall not be open to the general public. All visitors, including vendors, contractors, and other individuals requiring access to the facility, shall be required to sign a log and present appropriate identification in order to gain access to the site.
(j)
Parking: one off-street parking space for each employee on the largest shift or one off-street parking space for every 250 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.
H.
Accessory uses.
(1)
H1 Accessory Home Occupation. A customary home occupation for gain. An accessory home occupation is an accessory use that shall be clearly subordinate to the existing residential use of the property. Such use shall meet the general standards and the specific standards related to the use as set forth below:
(a)
General standards. The following shall apply to all home occupations:
[1]
A home occupation must be conducted within a dwelling which is the bona fide residence of the principal practitioner. The home occupation shall be carried on wholly indoors.
[2]
The maximum amount of floor area devoted to this home occupation shall not be more than 25% of the ground floor area of the principal residential structure (excluding the ground area covered by an attached garage or such other similar building) or 600 square feet, whichever is less.
[3]
In no way shall the appearance of the residential structure be altered or the occupation within the residences be conducted in a manner which would cause the premises to differ from its residential character by the use of colors, materials, construction, lighting, show windows, signs or advertising visible outside the premises to attract customers or clients, other than a sign as permitted in accordance with Article XV.
[4]
All commercial vehicles shall be parked on lot. Only one commercial vehicle may be parked outside of a garage or an enclosed structure.
[5]
Off-street parking spaces are not permitted in the front yards. A ten-foot-wide driveway providing access to parking areas in the side or rear of the property may be located in the front yard. All off-street parking areas must be located at least 10 feet from any property line. Off-street parking lots with three or more spaces shall be buffered from abutting residences by evergreen hedge material placed on three-foot centers. Alternately, a six-foot fence may be erected which provides a visual screen.
[6]
There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.
[7]
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust or electrical interference detectable to the normal senses off the lot. No equipment or process shall be used which creates visible or audible interferences in any radio or television receivers off the premises.
[8]
Frequent and repetitive servicing by commercial vehicles for supplies and materials shall not be permitted.
[9]
All accessory home occupations shall be located on an improved public street.
[11]
A zoning permit shall be required for all accessory home occupations.
[12]
Yearly registration is required.
(b)
Specific use standards. The following shall apply to specific types of accessory home occupations:
[1]
Use H1A Professional Offices. A professional office is a service-oriented business use conducted within an enclosed area specifically designed for the functional needs of the use, wherein the professional service of the practitioner is the saleable commodity offered to the client. Professional offices include, but are not limited to, the following:
[a]
Office facility of a salesman, sales representative or a manufacturer's representative.
[b]
Office facility of an architect, engineer, broker, psychiatrist, psychologist, insurance agent, land surveyor, lawyer, musician, real estate agent or accountant.
[c]
Office facility of a minister, rabbi or priest, providing that the office is open to the public or congregation.
[2]
Use H1B Personal Services. A service business including, but not limited to, barbers, beauticians or photographers.
[a]
Beauty parlors and barber shops may be permitted as a conditional use, provided no more than two beauty parlor or barber chairs are provided.
[b]
Only resident members of the immediate family may be employed.
[c]
In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, one additional space shall be provided for each 200 square feet of service space.
[3]
Use H1C Instructional Services. An instructional service is a home occupation in which the practitioner provides the client with special instruction in a specific area of study.
[a]
Instructional services involving a maximum of four students at a time are permitted. In the case of musical instructions, no more than two students at a time shall be permitted.
[b]
No persons shall be employed other than resident members of the immediate family.
[c]
In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, an instructional service shall provide one off-street parking space per two students being instructed at any one time.
[4]
[5]
Use H1E Family Day Care. A family day care use is a facility in which care is provided for up to three children or up to four disabled and/or elderly adults at any one time, who are not relatives of the caregiver, where the child or adult care areas are being used as a family residence.
[a]
This use shall be conducted in a building designed for residential occupancy and for the safety and well-being of the occupants.
[b]
A minimum fenced outdoor play area of 200 square feet of contiguous area shall be provided for each child as a recreational area for the children. An outdoor recreation area of 100 square feet of contiguous area shall be provided for each disabled and/or elderly person. This area shall not include any impervious surface or parking areas.
[c]
If a family day care use is located adjacent to a nonresidential use, a parking lot or on a street with a classification higher than a secondary street, the outdoor play or recreation area must be enclosed by a four-foot-high fence which is deemed appropriate by the Borough. The outdoor play or recreation area should be located to the side or rear of the property.
[e]
Hours. Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
[f]
Parking standards. In addition to the off-street parking required for a single-family home, at least one additional off-street parking space is required for each employee and one space for the loading and unloading of children or disabled and/or elderly persons.
[6]
Use H1F Trades. The use of a residence as a base of operations for the business. Trades for this home occupation include, but are not limited to, electrician, plumber, carpenter, mason, painter, roofer, landscape maintenance, arborist and similar occupations.
[a]
The area of the office, storage of materials and equipment (excluding vehicles) shall not exceed the limitations of Subsection H(1)(a), General standards, above.
[b]
No manufacturing, processing or sales shall be conducted on the property.
[c]
In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, a trades business shall provide one off-street space and one off-street parking space for each business vehicle. No parking of business vehicles over one-ton capacity shall be parked outside of a structure.
[7]
Use H1G Repair Services and Other Home Occupations. A repair shop for appliances, watches, guns, bicycles, locks, small business machines and other goods, but not including items powered by internal combustion engines. Other home occupations not specified in uses H1A through H1F above.
(2)
H2 Residential Accessory Building, Structure or Use. Residential accessory building, structure or use, including, but not limited to:
(a)
Garages or parking spaces for the parking of passenger automobiles, including noncommercial trucks and vans with loading capacities not exceeding one ton.
(b)
(c)
Structures such as fences, walls or signs.
(d)
Buildings such as storage sheds, bathhouses and private greenhouses. These structures may be placed in side and rear yards at a distance from property lines no less than seven feet and require zoning and building permits.
(e)
Parking or storage of recreational vehicles.
[1]
Recreational vehicle. A vehicle or piece of equipment, whether self-propelled or designed to be towed or carried, intended to be used primarily for leisure, recreation or travel. Recreational vehicles or units include travel trailers, truck-mounted campers, motor homes, folding tent campers and automobiles or trucks designed for vacation uses and other vehicles not suitable for daily general family transportation. Snowmobiles, minibikes, all-terrain vehicles, go-carts, boats and boat trailers are also deemed recreational vehicles.
(f)
Boarding accommodations. The keeping of roomers, boarders or lodgers as an accessory use:
[1]
No more than two roomers, boarders or lodgers shall be accommodated.
[2]
Such use shall be permitted only in single-family detached dwellings.
[3]
The roomers, boarders or lodgers shall live within the principal residential building. Roomers, boarders or lodgers may not inhabit any accessory structure.
[4]
No separate cooking facilities or dwelling units may be created.
(g)
Swimming pool. Any structure intended for wading, swimming and/or diving purposes, made of concrete, masonry, metal or other man-made impervious material or a combination thereof, in which the water is treated to maintain a sanitary condition and that has a water depth of 24 inches or more. This includes in-ground, aboveground/on-ground swimming pools and hot tubs/spas. Pools are permitted as an accessory use to a residential use.
[1] ABOVEGROUND/ON-GROUND SWIMMING POOL BARRIER HOT TUB/SPA IN-GROUND POOL
The following definitions relate to swimming pools:
A removable swimming pool of any shape that has walls and an impervious liner that is located on the surrounding earth and may be disassembled or stored and reassembled to its original integrity.
A fence, a wall, a building wall or a combination thereof.
A structure containing water intended for recreational use, in which all controls, water-heating, and water-circulating equipment are an integral part of the product.
A permanent swimming pool in which the surface of the water is approximately level with the surrounding ground surface and the volume of water is below ground level.
[2]
An outdoor swimming pool, including an in-ground, aboveground/on-ground pool and hot tub/spa, shall be fenced and maintained as required by the Pennsylvania Uniform Construction Code, as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[a]
An outdoor swimming pool, including an in-ground, aboveground/on-ground pool and hot tub/spa, shall be provided with a barrier that completely surrounds the swimming pool, which shall comply with the following:
[i]
The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level or mounted on top of the pool structure; the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be two inches.
[ii]
Openings in the barrier shall not allow passage of a four-inch-diameter sphere.
[iii]
Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
[iv]
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches in width.
[v]
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed four inches.
[vi]
Maximum mesh size for chain link fences shall be 1 1/4 inches square unless the fence is provided with slats fastened at the top or the bottom which reduce the opening to no more than 1 3/4 inches.
[vii]
Where the barrier is composed of diagonal members, such as lattice fence, the maximum opening formed by the diagonal members shall be no more than 1 3/4 inches.
[viii]
Access gates shall comply with the requirements of Subsection H(2)(g)[2][a][i] through [vii] above and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate:
[A]
The release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate.
[B]
The gate and barrier shall have no opening greater than 1/2 inch within 18 inches of the release mechanism. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.
[3]
A building and zoning permit shall be required to locate or construct an in-ground or aboveground swimming pool.
[4]
A pool, including filters and other mechanical equipment, shall not be located within seven feet of any property line.
[5]
The pool may be lighted by underwater or exterior lights, or both, provided all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to neighboring properties. Underwater lighting shall be in compliance with the applicable National Electrical Code.
[6]
There shall be no cross-connection with a public sewerage system.
[7]
The permanent inlet shall be above the overflow level of the pool.
[8]
At the time of application for a zoning permit, it shall be demonstrated that the drainage of the pool is adequate and will not interfere with the water supply system, with existing sewage facilities, or with public streets and shall not drain onto a neighboring property.
[9]
A dense planting of trees and shrubs shall be established and maintained between the pool and all property lines to protect the adjoining properties from noise arising from mechanical equipment and activities in and around the pool.
(h)
Garage or yard sales. The temporary display and sale of goods and craft items on a residentially used property.
[1]
Such temporary uses shall be limited to occurrences of not more than three days. Such occurrences shall be limited to not more than four occurrences in a calendar year. There shall be at least a thirty-day period between such occurrences.
(i)
Accessory buildings and structures shall not exceed 18 feet in height.
(3)
H3 Accessory Apartment. A separate dwelling unit subordinate in size to the principal single-family detached dwelling unit. The accessory apartment shall be contained in the principal building residence or in an accessory building.
(a)
Not more than 30% of the total floor area of the principal residence shall be occupied by the accessory apartment.
(b)
Not more than one accessory apartment shall be permitted per lot.
(c)
The lot must conform to the minimum lot area requirement for use B1 Single-Family Detached Dwelling in the applicable zoning district.
(d)
The principal residence must maintain the appearance of a detached dwelling with a single front entrance. The dwelling units may share the single front entrance or additional entrances may be placed on the side or rear of the structure. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall and in no case on a front wall or on a side wall facing a street.
(e)
The minimum floor area of the dwelling unit shall be 700 square feet.
(f)
Separate cooking, sleeping, living and bathroom facilities shall be provided for each dwelling unit.
(g)
Trash receptacles shall not be visible from the street or abutting properties except on scheduled pickup days.
(h)
Certification should be provided from the water and sewer servicing authority that adequate service is available for the additional dwelling units.
(i)
Parking: The required off-street parking for the principal dwelling plus one additional off-street parking space per bedroom in the accessory apartment shall be provided.
(4)
H4 Accessory Building Dwelling Unit. A separate, subordinate dwelling in a detached building on the same lot as a single-family detached dwelling.
(a)
Approval of the accessory building dwelling unit use shall be based on approval of the principal use on the lot. For example, if the principal use is granted by special exception, the accessory building dwelling unit shall be granted by special exception.
(b)
The minimum floor area of the dwelling units shall be 700 square feet.
(c)
No more than one accessory dwelling unit shall be permitted per lot.
(d)
The lot upon which the principal dwelling and accessory building dwelling unit are located shall meet the minimum yard requirement use for B1 single-family detached dwelling in the applicable zoning district.
(e)
The accessory dwelling unit shall have separate cooking, sleeping, living and bathroom facilities.
(f)
Certification should be provided from the water and sewer authority that adequate service is available for the additional dwelling unit.
(g)
Trash receptacles shall not be visible from the street or abutting properties except on scheduled pickup days.
(h)
As a condition of approval for an accessory apartment, the owner of the main dwelling shall certify to the Borough, by affidavit on an annual basis, the identity and relationship of the person or persons residing in the accessory apartment.
(i)
Parking. The required off-street parking for the principal dwelling, plus two additional off-street parking spaces per dwelling unit.
(5)
H5 Nonresidential Accessory Building or Structure. Accessory buildings or structures or uses customarily incidental to nonresidential uses except outside storage or display.
(6)
H6 Outside Storage and Display. Outside storage or display, other than storage as a principal use of the land, necessary but incidental to the normal operation of a principal use.
(a)
No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas and no part of the front yard shall be occupied by outside storage or display.
(b)
Outside storage and display areas shall occupy an area of less than 1/2 the existing building coverage.
(c)
Outside storage areas shall be shielded from view from all public streets and adjacent lots.
(d)
Outside display shall be shielded from any adjacent residential uses on the same side of the street.
(7)
H7 Temporary Structure or Use. A temporary permit shall be required for structures or uses necessary during construction or other special circumstances of a nonrecurring nature.
(a)
The time period of the initial permit shall not exceed six months. This permit may be renewed for three-month time periods, not to exceed a total of 21 months from the initial permit. Extensions must be approved by the Borough Council.
(b)
A temporary structure shall meet building coverage and impervious area criteria for the specific district.
(c)
Such structure or use shall be removed completely upon expiration of the permit without cost to the Borough.
(8)
H8 Temporary Community Event. A temporary activity, including, but not limited to, public exhibitions, auctions, carnivals, circuses, picnics and suppers for fund-raising, and similar organizational events and meetings.
(a)
Such temporary uses shall be limited to occurrences of not more than seven days per occurrence. There shall be at least a thirty-day period between such occurrences.
(c)
Such uses may be permitted contingent upon approval by the Borough Manager. The applicant shall provide the Borough Council with plans to ensure adequate parking, emergency access, road access, sanitary facilities, refuse collection, noise control and cleanup after the event.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(9)
H9 Radio and Television Towers.
(a)
Such structures shall be set back from all property lines a distance of at least 1 1/2 times the height of the structure.
(b)
Such structures shall be anchored to the ground in accordance with Uniform Construction Code requirements.
(c)
Such structures shall have a minimum height of up to 75 feet.
(d)
Towers or facilities associated with cellular telecommunications facilities shall meet the standards of use F4 cellular telecommunications facilities.
(10)
H10 Bed-and-Breakfast. An establishment in which overnight accommodations and a breakfast meal are provided. The facility shall be in a building converted or designated for such use and operated by resident owners.
(a)
Such use shall be accessory only to a single-family detached dwelling.
(c)
The maximum number of guest rooms in the R-1 and R-2 Districts shall be six. In all other districts, the maximum number of guest rooms shall be four.
(d)
There shall be no show windows for display or advertising visible outside the premises to attract guests, other than a single, nonilluminated sign, which may not exceed four square feet.
(e)
Nonresident employees shall be limited to two in addition to the resident members of the family.
(f)
No external alterations, additions or changes to the exterior structure shall be permitted, except as required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by any other governmental agency. Fire escapes or external stairways shall be located either to the rear or to the side of the residence.
(g)
There shall be no separate kitchen or cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast and afternoon tea only. There shall be no restaurant facilities on the premises open to the public.
(h)
The maximum uninterrupted length of stay at a bed-and-breakfast shall be 14 days.
(i)
The use of any outdoor amenities provided on the premises, such as a swimming pool or tennis court, shall be restricted to the resident family and its guests and to the guests of the establishment. If the outdoor amenities are within 100 feet of a property line, an evergreen hedge or row of evergreen trees shall be planted along the property line, which will block the view of the recreation facilities from the adjacent property.
(j)
A zoning permit shall not be granted unless the applicant has obtained a valid Bucks County Department of Health permit for this intended use. If the proposed use is to be served by a public water and sewage system, the applicant shall submit documentation from the servicing authority that adequate service is available for the proposed use.
(k)
There shall be one off-street parking space per guest bedroom provided on the premises and one off-street parking space per employee in addition to other off-street parking spaces required by this chapter. The off-street parking space shall be located either to the rear of the main dwelling or screened from the roadway and adjacent properties by fencing or natural vegetation.
(11)
H11 Telephone Booth. The placing of public telephone booths shall be permitted in any district upon the following conditions:
(12)
H12 Cemetery. A burial place or graveyard, including mausoleum, crematory or columbarium. This use shall be accessory only to a place of worship.
(a)
Minimum lot area: five acres.
(b)
No more than 10% of the lot area, to a maximum of five acres, may be devoted to aboveground buildings not serving as burial markers or memorials, such as business and administrative offices, chapels, maintenance facilities and the like. This restriction includes parking facilities.
(c)
No building or structure shall be located within 50 feet of a property line or street line.
(d)
One single-family detached dwelling for a full-time caretaker shall be permitted.
(e)
Parking: one off-street parking space for each employee and one off-street parking space for each four visitors in total capacity of the chapel.
(13)
H13 Drive-Through. Any vehicle-related commercial facilities in which a service is provided or goods, food or beverage are sold to the operator or passengers in a motor vehicle without the necessity of the operator or passengers disembarking from the vehicle. Drive-throughs shall be accessory uses to the principal uses E2 Service Business, E3 Financial Establishment and E5 Fast-Food Restaurant. Drive-throughs shall be by special exception for use in E1 Retail Shop.
(a)
General standards.
[1]
The drive-through facility shall be designed so as not to impede or impair vehicular and pedestrian traffic movement or exacerbate the potential for pedestrian/vehicular conflicts.
[2]
Drive-throughs located on pad sites in existing shopping centers shall have circulation patterns that are integrated with that of the center.
[3]
Hours of operation shall be set as a condition of the conditional use permit.
(b)
Locational standards.
[1]
Drive-through uses may not be located across a street from residential zoning districts unless separated by an arterial street.
[2]
Drive-through uses are not permitted on sites abutting schools, parks, playgrounds, libraries, churches and other public and semipublic uses that have substantial pedestrian traffic.
(c)
Frontage requirements. Minimum lot frontage on at least one street shall be 150 feet for all drive-through uses.
(e)
Street access.
[1]
Drive-through uses may abut only arterial streets, and access shall not be taken from residential streets.
[2]
Access must be taken to adjacent lots with nonresidential uses if either lot adjoins the adjacent lot for at least 50% of the length of the side of either lot.
[3]
All driveway entrances and exits must be set back at least 50 feet from an intersection.
(f)
Drive-through lanes.
[1]
The stacking lanes for drive-through facilities shall not cross or pass through off-street parking areas, nor shall stacking lane cross or be crossed by pedestrian accessways.
[2]
The pedestrian access to the entrance of the drive-through facilities shall not cross the drive-through lane.
[3]
The drive-through lane shall not be the sole ingress and egress to the site.
[4]
The minimum horizontal radius for curvature of a drive-through lane shall be 18 feet.
[5]
The length of drive-through lanes shall be measured along the center line of the prescribed vehicular path.
[6]
Drive-through lanes shall be marked by signs which indicate the entrance and exit for the drive-through lane. Signs indicating one-way directions for the drive-through lane shall be required where necessary by the Borough Engineer.
(g)
Lane width.
[1]
A bypass or escape lane of at least 10 feet must be provided for emergency purposes and for ease of circulation.
[2]
Drive-through lanes are to be separated from parking aisles by painted lines. The lanes and stacking areas shall be a minimum of 12 feet wide.
[3]
Lane separation. An on-site circulation pattern is to be provided for drive-through traffic that separates such traffic from that of sit-down patrons.
(h)
Stacking distance.
(i)
Setbacks.
[1]
Overhead canopies shall be set back 10 feet from any street right-of-way and property line and 20 feet from any residential property line. The total height for any overhead canopy shall not exceed 20 feet.
[2]
Service areas and stacking lanes must be set back at least 10 feet from all lot lines.
[3]
Outdoor speaker or menu boards must be set back at least 50 feet from all lot lines.
(j)
Curbing. Interior curbs shall be used to separate driving areas from exterior fixtures such as fuel pumps, vacuums, menu boards, canopy supports and landscaped islands. The curbs shall be of a nonmountable design with a minimum reveal of six inches.
(k)
Application requirements. A traffic impact study shall be submitted to provide information which will be used to determine the necessary stacking area and the impacts of the proposal upon local traffic circulation. The traffic impact study shall address the following issues:
[1]
Nature of the product or service being offered.
[2]
Method by which product or service is being offered (e.g., window service or brought to vehicle by employee).
[3]
Time required to service typical customer.
[4]
Arrival rate for patrons.
[5]
Peak demand hour.
[6]
Anticipated vehicular stacking required.
[7]
Anticipated traffic generation.
(14)
H14 Satellite Dish Antenna. The following regulations shall apply to satellite dish antennas greater than three feet in diameter:
(a)
No more than one satellite dish antenna shall be permitted on any lot.
(b)
The diameter of a satellite dish antenna shall not exceed nine feet when proposed as an accessory use to a residential use or to any use in R-1, R-2, R-3 and R-4 Districts. When separately supported, the total height of the satellite dish antenna shall not exceed 12 feet.
(c)
The diameter of a satellite dish antenna shall not exceed 23 feet when proposed as an accessory use to any use in the BC, CC, VOC and LI Districts.
(d)
A satellite dish antenna shall not be located in the front yard of a residential structure.
(e)
When separately supported, the satellite dish antenna shall be screened by staggered plantings of evergreen trees or hedge which present a solid visual barrier to any adjoining residential uses and to the street.
(f)
Roof mounting of a satellite dish antenna is only permitted by conditional use, subject to the following:
[1]
The applicant must demonstrate that anchoring the antenna to the ground would result in the obstruction of the antenna's reception window; furthermore, such obstruction involves factors beyond the control of the applicant.
[2]
For residential uses, the antenna shall be located on a portion of the roof sloping away from the front of the lot, and no part thereof shall project above the ridgeline.
[3]
A satellite dish antenna shall not be mounted on a chimney.
[4]
The applicant must provide a certified statement from a registered engineer that the proposed installation meets or exceeds Uniform Construction Code requirements. This shall include documentation of the load distributions within the building's support structure.
(g)
A building and zoning permit is required for installation of a satellite dish antenna.
(15)
H15 Keeping of Animals. The keeping of dogs, cats or other small animals ordinarily kept in the home for private purposes.
(a)
The use shall be established as an accessory use only.
(b)
No more than five dogs, cats or other small animals ordinarily kept in the home shall be kept under the permanent care of the occupants.
(c)
Animal shelters shall not be located closer to the property line from 15 feet or the minimum yard requirements, whichever is less.
(d)
Animal shelters shall not occupy more than 1% of the rear yard area.
(e)
Animals shall not be permitted to run at large.
(f)
Animal shelters shall be properly cleaned and maintained to prevent the creation of any nuisance, health hazard or odor.
(g)
Except for the sale of young animals born to pets under the permanent care of the occupants, no animals shall be sold or offered for sale on the property. Young animals born to pets under permanent care of occupants can be sold only once a year.
(h)
All dogs must be kept indoors between 12:00 p.m. and 7:00 a.m.
(j)
A zoning permit shall not be required for this use.
(16)
H16 Outdoor Eating Area Accessory To And Clearly Subordinate To Uses E1, E4, E5 and/or E11 may be provided meeting the following conditions:
[Amended 5-14-2013 by Ord. No. 405]
(a)
There shall be a maximum area of 1,000 square feet.
(b)
Access to the outdoor eating area shall only be through the principal use, excluding any emergency egress required.
(c)
A barrier a minimum of 48 inches high shall be provided around the entire area and shall be approved by the Borough Council and the Borough Engineer.
(d)
If alcoholic beverages are sold within the principal use, the applicant shall meet all requirements of the Commonwealth of Pennsylvania.
(e)
Parking shall be provided for the enclosed area at a rate indicated within the requirements for the principal use.
(f)
The H16 use may only be utilized within the Butler Avenue Gateway Commercial Overlay District, or within properties that border the Butler Avenue Gateway Commercial Overlay District, by conditional use.
(g)
Hours of operation shall be 10:00 a.m. to 10:00 p.m.