Columbia City Zoning Code
ARTICLE IV
Additional Requirements for Specific Uses
§ 220-29 Applicability.
A.
This article establishes additional specific requirements for certain specific uses, in addition to the sign, parking, environmental and other general requirements of this chapter and the requirements of each district. Wherever two requirements conflict, the stricter requirement shall apply.
§ 220-30 Additional requirements for specific principal uses.
A.
Each of the following uses shall meet all of the following requirements for that use:
(1)
Adult use (this is limited to the following: adult bookstore, adult movie theater, massage parlor or adult live entertainment use):
(a)
No such use shall be located within 500 linear feet of the lot line of Glatfelter Memorial Field, or any library, public park, existing dwelling, or within 1,000 linear feet of the lot line of any primary or secondary school, place of worship, day-care center or child nursery.
[Amended 8-24-2015 by Ord. No. 860]
(b)
No such use shall be located within 1,000 lineal feet of any existing adult use.
(c)
A forty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 220-59, but with plantings of an initial minimum height of five feet.
(d)
No pornographic material, displays or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.
(e)
No such use shall be used for any purpose that violates any federal, state or municipal law.
(g)
The use shall not include the sale or display of obscene materials, as defined by state law, as may be amended by applicable court decisions.
(h)
These uses are specifically prohibited in all districts except where specifically permitted by Article III.
(i)
A minimum lot area of one acre is required.
(j)
For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers. No room of any kind accessible to customers shall include less than 150 square feet.
(k)
No use may include live actual or simulated sex acts or any sexual contact between entertainers or between entertainers and customers.
(l)
Only lawful massages as defined by state court decisions shall be performed in a massage parlor.
(m)
All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except within a permitted lawful adult live entertainment use.
(n)
Any application for such use shall state the names and home addresses of all individuals intended to have more than a 5% ownership in such use or in a corporation owning such use, and of an on-site manager responsible to ensure compliance with this chapter on a daily basis. Such information shall be updated at the beginning of each year in writing to the Zoning Officer.
(5)
Auto, boat or mobile/manufactured home sales:
(a)
No vehicle, boat or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area. See buffer yard provisions in § 220-59.
(d)
Any mobile/manufactured homes on a sales site shall meet the required principal building setbacks from the perimeter lot lines.
(6)
Auto repair garage:
(a)
All paint work shall be performed within a building, with a fume collection and ventilation system that directs fumes away from any adjacent dwellings. Outdoor major repairs (such as body work and grinding) and outdoor welding shall not occur within 250 feet of a residential lot line.
(c)
Motor vehicles shall not be kept or parked within a required buffer yard, nor within the legal street right-of-way.
(d)
Overnight outdoor storage of junk other than permitted junk vehicles shall be prohibited within view of a public street or a dwelling.
(e)
Any junk vehicle (as defined by Article II) shall not be stored for more than 20 days within view of a public street or a dwelling. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.
(f)
Service bay doors shall not face directly towards an abutting dwelling (not including a dwelling separated from the garage by a street) if another reasonable alternative exits.
(7)
Auto service station:
(a)
See definition of this term and "auto repair garage" in Article II. The uses may be combined, if the requirements for each are met.
(b)
All activities except those to be performed at the fuel or air pumps shall be performed within a building. The use shall not include spray painting.
(c)
Fuel pumps shall be at least 25 feet from the existing street right-of-way and shall meet side yard principal building setback requirements.
(d)
Overnight outdoor storage of junk shall be prohibited within view of a public street or dwelling. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.
(e)
Any junk vehicle (as defined by Article II) shall not be stored more than 20 days within view of a public street or a dwelling. No junk vehicles shall be stored within 20 feet of an existing street right-of-way. No more than six junk vehicles shall be stored on the lot outside of an enclosed building at any point in time.
(f)
The use may include a convenience store if the requirements for such use are also met.
(8)
Bed-and-breakfast inn:
(a)
Within a residential district (where permitted under Article III), a maximum of five rental units shall be provided, no more than three adults may occupy one rental unit and no more than 12 total guests may occupy the facility at one point in time. Within an MDRB District, a maximum of nine rental units and 21 total guests shall apply. No maximums shall apply within another nonresidential district.
(b)
One off-street parking space shall be provided for each rental unit. The off-street parking spaces for the bed and breakfast shall be located either to the rear of the principal building or screened from the street and abutting dwellings by landscaping.
(c)
There shall not be any signs, show windows or any type of display or advertising visible from outside the premises, except for a single nonilluminated sign with a maximum sign area of four square feet on each of two sides and with a maximum height of eight feet.
(d)
The use shall have a residential appearance and character.
(e)
The use shall be operated and/or managed by permanent residents of the lot.
(f)
There shall not be separate cooking facilities in any guest room. Food shall only be served to guests who are staying overnight, unless a restaurant is also permitted.
(g)
No guest shall stay for more than 14 days in any month.
(h)
The use shall be restricted to buildings that existed prior to January 1, 1940.
(9)
Boardinghouse (or rooming house):
(a)
Minimum lot area: 15,000 square feet.
(b)
Minimum side yard building setback: 20 feet side.
(c)
Minimum lot width: 80 feet.
(d)
Maximum density: a minimum of 5,000 square feet of lot area per bedroom. The use shall serve a maximum total of 20 persons.
(e)
Each bedroom shall be limited to two adults each.
(f)
A buffer yard with screening meeting § 220-59 shall be provided between any boardinghouse building and any abutting dwelling.
(g)
See the Borough Housing Ordinance.
(h)
See also standards for "personal care home" which is a separate use.
(i)
Signs shall be limited to two wall signs with a maximum of two square feet each.
(j)
Rooms shall be rented for a minimum period of five consecutive days.
(10)
Campground:
(a)
For each acre of total lot area, there shall be a maximum average of three recreational vehicle sites, four tent sites, or cabin sleeping capacity for eight persons. Such sites may be clustered in portions of the tract.
(b)
Any store shall be limited to sales of common household and camping items to persons camping on the site.
(c)
A commercial campground shall include at least one gravel or paved entrance road from a public street, with a minimum width of 20 feet.
(d)
Minimum lot area: two acres.
(e)
All campsites, recreational vehicle sites, buildings and vehicle parking shall be set back a minimum of 150 feet from all residential lot lines. Any existing healthy trees within such setback shall be preserved, except at needed perpendicular crossings.
(11)
Car wash:
(a)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. On-lot traffic circulation channels and parking areas shall be clearly marked.
(b)
Adequate provisions shall be made for the proper and convenient disposal of refuse. The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.
(c)
Water from the car wash operation shall not flow onto sidewalks or streets in such a manner as could cause ice hazards.
(d)
Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
(12)
Communications antennas and communications equipment buildings:
[Amended 4-14-2003 by Ord. No. 718; 12-12-2016 by Ord. No. 877]
(a)
General and specific requirements for communications antennas. The following regulations shall apply to all communications antennas, except those operated by a federally licensed amateur radio operator, or a Borough-recognized police, fire or ambulance organization:
[1]
Standard of care. All communications antennas 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 Pennsylvania Uniform Commercial Code, American National Standards Institute (ANSI) Code, and National Electrical Code. Any communications antennas 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.
[2]
Historic areas. No communications antenna may be located upon any property, or on a building or structure, that is listed on either the National or Pennsylvania Registers of Historic Places, that is within the Borough's historic district (either inside or outside the public rights-of-way) as defined by Chapter 130, or that is recognized by the Historic Preservation Trust of Lancaster County as being historically significant (a lot that contains an historic property shall also be considered an historic property). The applicant shall demonstrate that the installation of the communications antenna and the erection of any communications equipment building complies with all requirements of the National Historic Preservation Act and shall present copies of applicable communications with the State Historic Preservation Office of the Pennsylvania Historical and Museum Commission, including but not limited to the letter of determination. The applicant shall also comply with any applicable provisions of Chapter 130, Historic District.
[3]
Wind. All communications antennas structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Communications Industry Association (ANSI/TIA-222, as amended).
[4]
Aviation safety. Communications antennas shall comply with all federal and state laws and regulations concerning aviation safety.
[5]
Public safety communications and other communications services. Communications antennas shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
[6]
Radio frequency emissions. A communications antenna shall not, by itself or in conjunction with other communications antennas and/or communications towers, 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.
[7]
Removal. In the event that use of a communications antenna is 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 communications antennas, or portions of communications antennas, shall be removed as follows:
[a]
All abandoned or unused communications antennas and related equipment shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Borough.
[b]
If the communications antenna or related equipment is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Borough, the communications antenna and/or related equipment may be removed by the Borough. As security, the Borough reserves the right to the salvage value of any removed communications antenna and/or related equipment, if such communications antenna and/or related equipment are not removed by the owner within the specific time frame enumerated in this chapter.
[8]
Insurance. Each person that owns or operates a communications antenna shall provide the Borough with a certificate of insurance, naming the Borough as an additional insured, and 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 communications antenna.
[9]
Indemnification. Each person that owns or operates a communications antenna 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 communications antenna. Each person that owns or operates a communications antenna 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 communications antenna. 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.
[10]
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
[a]
The communications antenna shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[b]
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.
[c]
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
[11]
Removal, replacement and modification.
[a]
To the extent permitted by law, the removal and replacement of communications antennas and/or related equipment for the purpose of upgrading or repairing the communications antenna is permitted, so long as such repair or upgrade does not substantially change the overall size of the wireless support structure or the numbers of communications antennas.
[b]
To the extent permitted by state law, any material modification to a communications antenna shall require notice to be provided to the Borough, and possible supplemental permit approval to the original permit or authorization.
(b)
In addition to the regulations enumerated in § 220-30(12)(a), the following regulations shall apply to communications antennas that fall under the Pennsylvania Wireless Broadband Collocation Act:
[1]
Permit required. Communications antenna applicants proposing the modification of an existing communications tower, which does not substantially change the dimensions of the existing structure, shall obtain a building permit from the Borough. In order to be considered for such permit, the applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures.
[2]
Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a communications antenna is filed with the Borough, the Borough shall notify the applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Borough shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision.
[3]
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 communications antenna not to exceed the amounts set by applicable state law.
(c)
In addition to the regulations enumerated in § 220-30(12)(a), the following regulations shall apply to communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act:
[1]
Prohibited on residential dwellings. No communications antenna shall be located on any residential dwelling.
[2]
Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the communications antenna and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these communications antenna provisions. The applicant and/or owner of the communications antenna shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.
[3]
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 communications antenna, as well as related inspection, monitoring and related costs.
[4]
Development regulations. To the extent permitted by federal and state law, communications antennas shall be co-located on existing wireless support structures subject to the following conditions:
[a]
The total height of any wireless support structure and mounted communications antenna shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.
[b]
In accordance with industry standards and where permitted by state or federal law, all communications antenna applicants must submit documentation to the Borough justifying the total height of the communications antenna. Such documentation shall be analyzed in the context of such justification on an individual basis.
[c]
If the applicant proposes to locate the related equipment in a separate communications equipment building, the building shall comply with the minimum setback requirements for the applicable zoning district, and landscaping shall be required to screen as much of the equipment building as possible.
[5]
A security fence with a maximum height of eight feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building, or any structure housing related equipment, shall not interfere with the parking or vehicular circulations on the site for the principal use.
[6]
Noncommercial usage exemption. Borough residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, radio and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of the Zoning Ordinance. Amateur radio operators are exempt from the regulations enumerated in this ordinance.
[7]
Design regulations. Communications antennas 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 chosen by the applicant shall be subject to the approval of the Borough.
[8]
Inspection. The Borough reserves the right to inspect any communications antenna 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 property upon which a communications antenna is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(d)
Regulations applicable to all communications antennas located in the public rights-of-way. In addition to the regulations enumerated in § 220-30(12)(a), the following regulations shall apply to communications antennas located in the public rights-of-way:
[1]
Co-location. Communications antennas in the ROW shall be co-located on existing poles, such as existing utility poles or light poles. If co-location is not technologically feasible, the applicant, with the Borough's approval, shall locate its communications antennas on existing poles or freestanding structures that do not already act as wireless support structures.
[2]
Design requirements:
[a]
Communications antenna installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and 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.
[b]
Communications antennas and related equipment shall be treated with stealth technology by the communications antenna owner or applicant to match the wireless support structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
[3]
Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications antennas in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.
[4]
Equipment location. Communications antennas and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:
[a]
Ground-mounted related equipment shall be located between the sidewalk and the curb. For reasons of safety and aesthetics, such equipment shall neither protrude onto the curb, nor obstruct the sidewalk.
[b]
Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.
[c]
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.
[d]
Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner.
[e]
Any proposed underground vault related to communications antennas shall be reviewed and is subject to approval by the Borough.
[5]
Relocation or removal of facilities. Within two months 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, the owner of a communications antenna in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications antenna 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:
[a]
The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;
[b]
The operations of the Borough or other governmental entity in the right-of-way;
[c]
Vacation of a street or road or the release of a utility easement; or
[d]
An emergency as determined by the Borough.
(13)
Communications towers.
[Added 4-14-2003 by Ord. No. 718]
(a)
The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas.
(b)
The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(c)
Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation, and applicable airport zoning regulations, and the Airport Approach Ordinance.
(d)
Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure, or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a one-fourth-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
[1]
The proposed communications antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost;
[2]
The proposed communications antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable costs;
[3]
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function;
[4]
Addition of the proposed communications antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation; or
[5]
A commercially reasonable agreement could not be reached with the owners of such structures.
(e)
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free all-weather surface for its entire length.
(f)
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot which meets the minimum lot size requirements for the zoning district.
(g)
Recording of a plot of subdivision or land development shall not be required for a leased parcel on which a communications tower has proposed to be constructed, providing the communications equipment building is unmanned.
(h)
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
(i)
In all zoning districts except industrial districts, the maximum height of any communications tower shall be 150 feet; provided, however, that such height may be increased to no more than 200 feet, provided that the required setbacks from adjoining property lines (not lease lines) are increased by one foot for each one foot in height in excess of 150 feet. In the industrial districts, the maximum height of any communications tower shall be 180 feet.
(j)
The foundation and base of any communications tower shall be set back from a property line (not lease line) located in any residential district at least 100 feet and shall be set back from any other property line (not lease line) at least 50 feet.
(k)
The base of a communications tower shall be landscaped so as to screen the foundation, base and communications equipment building from abutting properties with evergreen plantings or preserved vegetation. The evergreen plantings can be either a hedge or row of evergreen trees which shall be a minimum height of six feet at planting and shall grow to a minimum height of 15 feet at maturity.
(l)
The communications equipment building shall comply with the required yards and height requirements of the applicable zoning district for an accessory structure.
(m)
The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current structural standards for steel antenna towers and antenna supporting structures published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the Borough of Columbia's Building Code.
(n)
The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and 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 communications tower and the communications antennas.
(o)
All guy wires associated with the guyed communications tower shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
(p)
The site of a communications tower shall be secured by a fence with a minimum height of six feet and a maximum height of eight feet to limit accessibility by the general public, which fence shall be nonclimbable and shall contain a self-locking gate.
(q)
No signs or lights shall be mounted on the communications tower accept as may be required by the Federal Communications Commission, the Federal Aviation Administration, or any other governmental agency that has jurisdiction.
(r)
Communications towers shall be protected and maintained in accordance with the requirements of the Borough of Columbia's Building Codes.
(s)
Visual appearance. Communications towers shall employ stealth technology. All communications towers and related 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. The Borough Zoning Hearing Board 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; benefit neighboring properties by preventing 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. Any utilities extending to the communications tower shall be placed underground.
[Amended 12-12-2016 by Ord. No. 877]
(t)
Permit required for modifications. To the extent permissible under applicable state and federal law, any applicant proposing the modification of an existing communications tower, which increases the overall height of such wireless support structure, shall first obtain a building permit from the Borough.
[Amended 12-12-2016 by Ord. No. 877]
(u)
Gap in coverage. An applicant for a communications tower must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of communications tower being proposed is the least intrusive means by which to fill that gap. The existence or non-existence of a gap in wireless coverage or capacity shall be a factor in the Borough Zoning Hearing's decision on an application for approval of communications tower.
[Amended 12-12-2016 by Ord. No. 877]
(v)
Additional antennas. As a condition of approval for all communications towers, the WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate communications antennas on communications towers where technically and economically feasible. To the extent permitted by federal and state law, the owner of a communications tower shall not install any additional communications antennas without obtaining the prior written approval of the Borough.
[Added 12-12-2016 by Ord. No. 877]
(w)
Wind. Any communications tower structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Communications Industry Association (ANSI/EIA/TIA-222), as amended.
[Added 12-12-2016 by Ord. No. 877]
(x)
Related equipment. To the extent permitted by federal or state law, either a one single-story wireless communications equipment building not exceeding 250 square feet in area, or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment, may be located on the site for each unrelated company sharing space on the communications tower.
[Added 12-12-2016 by Ord. No. 877]
(y)
Public safety communications and other communications services. No communications tower shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
[Added 12-12-2016 by Ord. No. 877]
(z)
Maintenance. The following maintenance requirements shall apply:
[Added 12-12-2016 by Ord. No. 877]
[1]
Any communications tower shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2]
Such maintenance shall be performed to ensure the upkeep of the communications tower in order to promote the safety and security of the Borough's residents, and utilize the best available technology for preventing failures and accidents.
(aa)
Historic areas. No communications tower may be located upon any property, or on a building or structure, that is listed on either the National or Pennsylvania Registers of Historic Places, that is within the Borough's historic district (either inside or outside the public rights-of-way).
[Added 12-12-2016 by Ord. No. 877]
(bb)
Noise. Communications towers 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.
[Added 12-12-2016 by Ord. No. 877]
(cc)
Retention of experts. The Borough may hire any consultant and/or expert necessary to assist the Borough in reviewing and evaluating the application for approval of the communications tower and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The applicant and/or owner of the communications tower shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.
[Added 12-12-2016 by Ord. No. 877]
(dd)
Timing of approval. Within 30 calendar days of the date that an application for a communications tower is filed with the Borough, the Borough shall notify the applicant in writing of any information that may be required to complete such application. All applications for communications towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such communications towers and the Borough shall advise the applicant in writing of its decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.
[Added 12-12-2016 by Ord. No. 877]
(ee)
Removal. In the event that use of a communications tower 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 communications towers or portions of communications towers shall be removed as follows:
[Added 12-12-2016 by Ord. No. 877]
[1]
All unused or abandoned communications towers and related equipment shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Borough.
[2]
If the communications tower and/or related equipment is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Borough, the communications tower and related equipment may be removed by the Borough and the cost of removal assessed against the owner of the communications tower. As security, the Borough reserves the right to the salvage value of any removed communications tower and/or related equipment, if such communications tower and/or related equipment are not removed by the owner within the timeframes enumerated in this chapter.
[3]
Any unused portions of communications towers, including antennas, shall be removed within two months of the time of cessation of operations. The Borough must approve all replacements of portions of a communications tower previously removed.
(ff)
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 communications tower, as well as related inspection, monitoring, and related costs.
[Added 12-12-2016 by Ord. No. 877]
(gg)
Indemnification. Each person that owns or operates a communications tower 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 communications tower. Each person that owns or operates a communications tower shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of the communications tower. 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.
[Added 12-12-2016 by Ord. No. 877]
(hh)
Financial security. Prior to receipt of a zoning permit for the construction or placement of a communications tower, the applicant shall provide to the Borough financial security sufficient to guarantee the construction of the communications tower. Said financial security shall remain in place until the communications tower is fully constructed. Should the communications tower be abandoned by the owner and/or operator, and not removed within two months of such abandonment, the Borough shall have the authority to remove the communications tower and sell all of its pieces, as well as related equipment, used in the operation of the communications tower, in order to recover the cost of said removal.
[Added 12-12-2016 by Ord. No. 877]
(ii)
Location. Communications towers shall not be located in, or within 75 feet of, an area in which all utilities are located underground.
[Added 12-12-2016 by Ord. No. 877]
(jj)
Design regulations.
[Added 12-12-2016 by Ord. No. 877]
[1]
The communications tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the applicant shall be subject to the approval of the Borough Zoning Hearing Board.
[2]
To the extent permissible by law, any height extensions to an existing communications tower shall require prior approval of the Borough.
[3]
Any proposed communications tower shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's communications antennas and comparable communications antennas, for the maximum amount of future users based on the size of the proposed communications tower.
(kk)
Inspection. To the extent permissible under federal and state law, the Borough reserves the right to inspect any communications tower 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 property upon which a communications tower is located at any time, upon reasonable notice to the operator, to ensure such compliance.
[Added 12-12-2016 by Ord. No. 877]
(ll)
In addition to the regulations enumerated in § 220-30A(13)(a) through (d), (h), (m) through (n), (s) through (w), and (y) through (dd), the following regulations shall apply to communications towers located in the Public Rights-of-Way.
[Added 12-12-2016 by Ord. No. 877]
[1]
Location and development standards. Communications towers in the ROW shall not exceed a height comparable to the average height of utility poles or electrical poles within a two-block radius of the proposed facility. Communications towers are prohibited in areas in which all utilities are located underground. Communications towers shall not be located in the front facade area of any structure.
[2]
Communications towers shall be permitted along certain roads by special exception throughout the Borough, regardless of the underlying zoning district. A listing of such roads is kept on file at the Borough Zoning Office and is adopted via Resolution of Borough Council.
[3]
Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications towers in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.
[4]
Equipment location. Communications towers and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:
[a]
Ground-mounted related equipment shall be located between the sidewalk and the curb. For reasons of safety and aesthetics, such equipment shall neither protrude onto the curb, nor obstruct the sidewalk.
[b]
Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough Zoning Hearing Board.
[c]
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough Zoning Hearing Board.
[d]
Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner.
[e]
Any underground vaults related to communications towers shall be reviewed and approved by the Borough Zoning Hearing Board.
[5]
Design regulations.
[a]
The communications tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Borough Zoning Hearing Board.
[b]
Communications towers in the public ROW shall not exceed a height comparable to the average height of utility poles or electrical poles within a two-block radius of the proposed facility.
[c]
To the extent permissible under state and federal law, any height extensions to an existing communications tower shall require prior approval of the Borough, and shall not increase the overall height of the communications towers to more than 40 feet.
[d]
Any proposed communications towers shall be designed structurally, electrically, and in all respects to accommodate both the applicant's communications antennas and comparable communications antennas the maximum amount of future users based on the size of the proposed communications tower.
[6]
Relocation or removal of facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an Emergency, an owner of a communications tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications tower 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:
[a]
The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;
[b]
The operations of the Borough or other governmental entity in the right-of-way;
[c]
Vacation of a street or road or the release of a utility easement; or
[d]
An emergency as determined by the Borough.
[7]
Reimbursement for ROW use. In addition to permit fees as described in this section, every communications tower 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 communications tower 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.
(14)
Conversion of an existing building (including an existing dwelling) into dwelling units:
(a)
See § 220-25, which establishes where conversions into dwelling units are permitted. Within a residential district, a residential building shall not be converted into additional numbers of dwelling units.
(b)
Applicable state firesafety requirements shall be met.
(c)
The following regulations shall apply to the conversion of an existing one-family dwelling into a greater number of dwelling units:
[1]
The building shall maintain the appearance of a one-family dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance.
[2]
The conversion shall not be permitted if it would require the placement of an exterior stairway on the front of the building, or would require the placement of more than three off-street parking spaces in the required front yard.
(d)
A previously residential building shall maintain a clearly residential appearance, except as may be necessary for restoration of a historic building.
(f)
Except within the DC District, a maximum total of four dwelling units may be developed per lot unless a more restrictive provision is established by another section of this chapter.
(15)
Day-care center, child:
(b)
The use shall comply with any applicable state and federal regulations, including having an appropriate Pennsylvania Department of Public Welfare (or its successor agency) registration certificate or license.
(c)
Convenient parking spaces within the requirements of Article VI shall be provided for persons delivering and waiting for children.
(d)
In residential districts, where permitted as a principal use, shall have a minimum lot area of 10,000 square feet and a minimum setback of 10 feet from an abutting residential lot line.
(e)
Shall include secure fencing around outdoor play areas.
(f)
Outdoor play areas of a day-care center involving the care of 25 or more children at any one time shall be set back a minimum of 25 feet from the exterior walls of an abutting existing occupied dwelling.
(g)
This use shall not be conducted in a dwelling that is physically attached to another dwelling that does not have a common owner.
(h)
In residential districts, any permitted day-care use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.
(i)
A day-care use may occur in a building that also includes permitted or nonconforming dwelling units.
(16)
Forestry, commercial:
(a)
A forestry management plan shall be prepared and followed for any commercial forestry involving more than two acres, other than routine thinning of woods. This plan shall be prepared by a professional forester.
(b)
The forestry management plan shall be consistent with the Timber Harvesting Guidelines of the Pennsylvania Forestry Association.
(17)
Group homes: Group homes are permitted within a lawful dwelling unit, provided the following additional requirements are met:
(b)
A group home shall not include any use meeting the definition of a "treatment center."
(c)
A group home shall include the housing of a maximum of six unrelated persons, except:
(d)
The facility shall have adequate trained staff supervision for the number and type of residents. If the facility involves five or more residents, then twenty-four-hour on-site staffing shall be provided.
(e)
The applicant shall provide evidence of any applicable federal, state or county licensing or certification to the Zoning Officer.
(f)
The group home shall register in writing its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer.
(g)
Any medical or counseling services shall be limited to a maximum of three nonresidents per day. Any staff meetings shall be limited to a maximum of five persons per day.
(h)
A minimum of one off-street parking space shall be provided per on-site employee, plus one space for every two residents having a valid driver's license.
(i)
If a group home is in a residential district, an appearance shall be maintained that is closely similar to nearby dwellings, and no sign shall identify the use.
(j)
The persons living on site shall function as a common household unit.
(19)
Junkyard (includes automobile salvage yard):
(a)
Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on-site and routinely awaiting pickup.
(b)
Outdoor storage of junk shall be at least 100 feet from any residential lot line and 50 feet from any other lot line and the existing right-of-way of any public street.
(c)
The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared driveways shall be provided throughout the entire use to allow access by emergency vehicles. Adequate off-street parking areas shall be provided for customers.
(d)
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot-wide buffer yard which complies with § 220-59, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
(e)
Burning or incineration is prohibited.
(g)
All gasoline, antifreeze and oil shall be drained from all vehicles and properly disposed of. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious and properly drained surface.
(h)
Lot area: three acres minimum; 20 acres maximum.
(20)
Kennel:
(a)
All buildings in which animals are housed and all runs shall be located at least 200 feet from all residential lot lines.
(b)
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent principal building.
(c)
No animal shall be permitted to use outdoor runs from 8:00 p.m. to 8:00 a.m. that are within 250 feet of an existing dwelling. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking.
(21)
Livestock, raising of:
(a)
Any livestock shall be kept on property controlled by the operator of the livestock use, with proper confinement measures as necessary.
(b)
Any structure, other than the inside of a dwelling, used for the keeping of six or more animals over the age of four months shall be set back a minimum of 100 feet from the lot line of any existing dwelling.
(c)
The applicant shall submit a written plan for the sanitary management of animal wastes. Animal wastes shall be properly managed to prevent health hazards, pollution of waterways and odor, insect and rodent nuisances to other properties. Recommendations of the Pennsylvania State University Cooperative Extension Service and the County Conservation District should be followed.
(22)
Mineral extraction:
(a)
Application requirements. A copy of all site plan information that will be required by the PADEP shall also be submitted to the Borough as part of the zoning application.
(b)
A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted.
(c)
After areas are used for mineral extraction, those areas shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting some productive or beneficial future use.
(d)
A seventy-five-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 250 feet of an area of excavation. This yard shall include an earth berm with a minimum average height of six feet and an average of one shade tree for each 50 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence.
(e)
The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not owned by the owner or operator of the mineral extraction use:
[1]
One hundred feet from the existing right-of-way of public streets and from all exterior lot lines of the property;
[2]
One hundred fifty feet from a commercial or industrial building, unless released by the owner thereof;
[3]
Two hundred fifty feet from a residential lot line, other than an abandoned dwelling,
[4]
One hundred fifty feet from the lot line of a publicly owned recreation area that existed at time of the application for the use or expansion.
(f)
The excavated area of a mineral extraction use shall be set back 150 feet from the average waterline of a perennial stream or the edge of a natural wetland of more than two acres.
(g)
Truck access to the use shall be located to reasonably minimize hazards on public streets and dust and noise nuisances to residences.
(h)
Fencing. The Zoning Hearing Board may require secure fencing in locations where needed to protect public safety. As an alternative, the Zoning Hearing Board may approve the use of thorny vegetation to discourage public access. Also, warning signs shall be placed at intervals of not less than 100 feet around the outer edge of the use.
(j)
County Conservation District. A soil erosion and sedimentation plan shall be prepared by the applicant and found to be acceptable to the County Conservation District.
(k)
Hours of operation. The Zoning Hearing Board, as a condition of special exception use approval, may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.
(l)
The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents.
(24)
Mobile/manufactured home: Installed on an individual lot or within a mobile/ manufactured home park approved after the adoption of this chapter.
(a)
Construction. Any mobile/manufactured home placed on any lot after the adoption of this chapter shall be constructed in accordance with 1976 or later Safety and Construction Standards of the U.S. Department of Housing and Urban Development. (Note: These federal standards supersede any BOCA Code for the actual construction of the home itself.)
(b)
Each site shall be graded to provide a stable and well-drained area.
(c)
Each home shall have hitch, wheels and axles removed.
(d)
Anchoring. A mobile/manufactured home on an individual lot or mobile/manufactured home park shall include a system that secures the home to the ground to prevent shifting, overturning or uneven settling of the home, with a secure base for the tie-downs.
(e)
Foundation treatment. The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable material that has the appearance of a foundation of a site-built home.
(f)
The front door of the home shall face onto a public street.
(h)
A mobile/manufactured home shall not be permitted within the historic district.
(i)
The home shall have a roof with a minimum pitch of 3.5:1.
(25)
Mobile/manufactured home park:
(a)
Plans and permits. Plans shall be submitted and reviewed by the Borough for all mobile/manufactured home parks in compliance with the mobile home park provisions of Chapter 190, Subdivision and Land Development, and all other provisions of such chapter that apply to a land development, including the submission, approval and improvements provisions (other than specific provisions altered by this section).
(b)
The minimum tract area shall be five contiguous acres, which shall be under single ownership, but which may include land in an abutting existing mobile home park. The tract shall have a minimum width at the minimum building setback line of 200 feet. Two abutting lots may be merged together to form a single mobile/manufactured home park.
(c)
Density. The maximum average overall density shall be five dwelling units per acre.
[1]
To calculate this density, land in common open space or proposed streets within the park may be included, but land within the one-hundred-year floodway or that has natural slopes of 15% or greater shall not be included.
[2]
Phases. If an existing mobile home park is to be expanded into an area not previously part of that mobile home park, the maximum density and minimum common open space for the new area shall be considered separately from the previously approved areas of the mobile home park. All expansions to an existing park shall also meet all other provisions of this and other applicable ordinances.
(d)
Landscaped perimeter. Each mobile/manufactured home park shall include a twenty-five-foot-wide landscaped area including substantial attractive evergreen and deciduous trees around the perimeter of the site, except where such landscaping would obstruct safe sight distances for traffic. A planting plan for such area shall be approved by the Zoning Hearing Board as part of any required special exception approval. Such landscaped area shall not be required between adjacent mobile home park developments. This landscaped area shall be 35 feet wide abutting existing single-family detached dwellings. The same area of land may count towards both the landscaped area and the building setback requirements.
(e)
A dwelling, including any attached accessory building, shall be set back a minimum of 25 feet from another dwelling within the mobile home park, except that unenclosed porches, awnings and decks may be 15 feet from the walls of another dwelling.
(f)
The minimum separation between homes and edge of interior street cartway or parking court cartway shall be 25 feet.
(g)
The minimum principal and accessory building setbacks from exterior/boundary lot lines shall be 40 feet.
(h)
Each home shall comply with the above requirements for mobile/manufactured homes in this § 220-30.
(i)
Accessory structures. A detached accessory structure or garage shall be separated a minimum of 15 feet from any dwelling units which the accessory structure is not accessory to.
(j)
Common open space for a mobile home park. A minimum of 10% of the total lot area of the entire mobile home park shall be set aside as common open space for the residents.
(k)
Streets.
[1]
Access to individual mobile home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.
[2]
Streets within the mobile home park that provide access to reach 20 or more dwellings shall have a minimum paved cartway of 24 feet, and other local private streets or parking courts serving less than 20 homes shall have a minimum paved cartway of 20 feet.
[3]
Curbs and sidewalks are not required on the private streets, but all private streets shall meet all other Borough cartway construction standards.
(l)
Utilities. All units within the mobile home park shall be connected to a public water and a public sewage system. The system shall meet appropriate minimum water pressure/fire flow and hydrant requirements.
(26)
Nursing home:
(b)
A minimum of 20% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.
(28)
Personal care home: the standards for nursing homes in this section shall apply.
(30)
Place of worship:
(a)
Minimum lot area: 20,000 square feet.
(b)
Weekly religious education rooms and meeting rooms are permitted accessory uses provided that such uses are of such a character and intensity that they would be customary and incidental to the place of worship. A primary or secondary school and/or a child or adult day-care center are permitted on the same lot as a place of worship provided the requirements for such uses are also met. Noncommercial buses used primarily to transport persons to and from religious services or a permitted school on the lot may be parked on the lot. Other uses shall only be permitted if all of the requirements for such uses are also met, including being permitted in the applicable district.
(c)
Two dwelling units may be accessory to a place of worship on the same lot provided that they are only used to house religious leaders and their families.
(31)
Recreation, commercial outdoor:
(a)
Any outdoor activity area shall be located no closer to any lot line than the required front yard depth and shall be screened and, if necessary, sound insulation shall be provided to protect the neighborhood from any possible noise.
(c)
Any swimming pool shall meet the requirements for such use, as stated in this article.
(32)
Recycling collection center:
(a)
This use shall not be bound by the requirements of a solid waste disposal facility.
(b)
All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.
(c)
Adequate provision shall be made for movement of trucks if needed and for off-street parking.
(d)
A twenty-foot-wide buffer yard with screening as described in § 220-59 shall be provided between this use and any abutting residential lot line.
(e)
This use may be a principal or accessory use, including being an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a Borough-owned use, subject to the limitations of this section.
(f)
Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum and glass. No garbage shall be stored as part of the use, except for that generated on-site and that accidentally collected with the recyclables. Only materials being actively collected for recycling may be stored on site.
(g)
The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or landfilling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard.
(h)
The use shall not include the collection or processing of pieces of metal that have a weight greater than 50 pounds, except within an industrial district.
(i)
The use shall include the storage of a maximum of 50 tons of materials on the site if the use is within a residential district and within 500 feet of an existing dwelling.
(33)
Residential conversions: see Subsection A(14), Conversion of an existing building, within this section.
(35)
Retirement community:
(b)
A retirement community shall only include the following:
[1]
Personal care enter.
[2]
Nursing home.
[3]
Single-family detached dwellings.
[4]
Twin dwellings.
[5]
Townhouse/rowhouse dwellings.
[6]
Apartments.
[7]
Dining, community center and recreation uses that are accessory to the residential uses and that are limited to use by the residents and employees of the development and their invited guests.
[8]
Retail and personal service uses that are accessory to the residential uses and are intended to primarily serve the needs of residents and employees of the development and their invited guests, and provided that such uses shall not have individual exterior entrances but instead shall be integrated into a principal building, and provided that no establishment shall exceed 3,000 square feet of floor area.
(c)
A retirement community shall meet the same dimensional standards as would apply within the HDRM District, except for the following:
[1]
No commercial use, no apartments and no building over 35 feet in height shall be located within 150 feet of the lot line of a residential use located outside of the INS District.
[2]
No residential use shall be located within 75 feet of the existing right-of-way of an expressway.
[3]
The maximum height shall be 35 feet. However, in areas not regulated by Subsection A(35)(c)[1] above, the maximum height shall be six stories or 72 feet, whichever is more restrictive.
(d)
A maximum total of 80% of the total lot area of a retirement community shall be covered by impervious surfaces.
(e)
(f)
Non-man-made slopes of greater than 25% shall not be regraded in such a manner as to circumvent the requirements of this chapter. Isolated areas of greater than 25% slope that are less than 40 feet in total width (across an entire tract of land) shall not be regulated under Subsection A(35)(e) above.
(g)
In no case shall the overall density of a retirement community in the CR District exceed an average of 15 dwelling units per acre. Such density shall be calculated as follows, calculated in acres and tenths of acres:
Total lot area proposed for retirement community, prior to subdivision or land development approval and prior to construction of any new streets | _______ | |||
Minus 100% of areas with slopes greater than 25% | _______ | |||
Minus 50% of areas with slopes of 15% to 25% | _______ | |||
With the resulting acreage multiplied by 15 dwelling units per acre, to result in maximum total number of dwelling units within the retirement community | _______ | |||
In determining maximum density, each three nursing home or personal care beds shall be considered equivalent to one dwelling unit. | ||||
(36)
Rowhouses/townhouses and apartments:
(a)
Maximum number of townhouses attached in any manner: eight.
(b)
Paved area setback. All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, shall be set back a minimum of 10 feet from any dwelling.
(c)
Garages. It is strongly recommended that all townhouses be designed so that garages and/or carports are not an overly prominent part of the view from public streets. For this reason, parking courts, common garage or carport structures or garages at the rear of dwellings are encouraged instead of individual garages opening onto the front of the building, especially for narrow townhouse units.
(d)
Mailboxes. Any mailboxes provided within the street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of noncoordinated types at the curbside are specifically discouraged.
(e)
Access. Vehicular access points onto all arterial and collector streets shall be minimized to the lowest reasonable number. No townhouse dwelling within a tract of five or more dwelling units shall have its own driveway entering onto an arterial street.
(37)
School, public or private, primary or secondary:
(a)
Minimum lot area: 20,000 square feet, except one acre if over 200 students.
(b)
No children's play equipment, basketball courts or illuminated recreation facilities shall be within 25 feet of a residential lot line.
(c)
The use shall not include a dormitory unless specifically permitted in the district.
(38)
Self-storage development:
(a)
All storage units shall be of fire-resistant construction.
(b)
Outdoor storage shall be limited to recreational vehicles, boats and trailers. No junk vehicles shall be stored within view of a public street or a dwelling.
(c)
Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items shall not be stored.
(d)
Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or accessways.
(e)
The use shall not include a commercial auto repair garage unless that use is permitted in the district and the use meets those requirements.
(f)
Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.
(g)
Any areas within 200 feet of a street right-of-way shall be screened from that street by a buffer yard meeting § 220-59.
(h)
Minimum separation between buildings: 20 feet.
(39)
Solid waste transfer facility:
(a)
All solid waste processing and storage shall be kept a minimum of 150 feet from all of the following features: public street right-of-way, exterior lot line or creek or river.
(b)
All solid waste processing and storage shall be kept a minimum of 300 feet from any dwelling that the operator of the transfer facility does not own.
(c)
The applicant shall prove to the Zoning Hearing Board that the use will have adequate access for fire-fighting purposes, and will not routinely create noxious odors detectable off of the site.
(d)
The use shall not include any incineration or burning.
(e)
All solid waste processing and storage shall occur within enclosed buildings or enclosed containers. All unloading and loading of solid waste shall occur within an enclosed building, and over an impervious surface that drains to a holding tank that is adequately treated.
(f)
The use shall be surrounded by a secure fence and gates with a minimum height of eight feet.
(g)
The use shall have a minimum lot area of five acres, which may include land extending into another municipality.
(h)
The use shall be operated in a manner that prevents the attraction, harborage or breeding of insects, rodents or other vectors.
(i)
An attendant shall be on duty during all times of operation and unloading.
(l)
No radioactive, chemotherapeutic, infectious or toxic materials shall be permitted on site.
(40)
Swimming pool, nonhousehold:
(a)
The water surface shall be set back at least 50 feet from any existing dwelling.
(b)
Minimum lot area: one acre.
(c)
Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by a buffer yard meeting § 220-59.
(d)
The water surface shall be surrounded by a secure, well-maintained fence at least six feet in height.
(e)
Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property. Such method may be subject to approval of the Zoning Officer.
(41)
Target range:
(a)
All target ranges shall have a barrier behind the target area which is of sufficient height and thickness to adequately protect the public safety. This barrier shall be made of earth for an outdoor firearms range.
(b)
An outdoor firearms target range shall comply with any applicable published standards of the National Rifle Association and other applicable federal, state and local regulations.
(c)
An outdoor firearms target range and any firing stations shall be located a minimum of 250 feet from any residential lot line, unless all firing would occur within a completely enclosed sound-resistant building. Clay pigeon shooting shall be directed away from homes and streets.
(d)
An outdoor firearms target range shall be properly posted.
(f)
An indoor firearms target range shall be adequately ventilated and/or air conditioned to allow the building to remain completely enclosed.
(43)
Treatment centers:
(b)
The applicant shall provide a written description of all types of persons intended to occupy the use during the life the permit. Any future additions to this list shall require an additional special exception approval.
(c)
The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will involve adequate on-site supervision and security measures to protect public safety.
(d)
The Zoning Hearing Board may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.
(e)
If the use involves five or more residents, a suitable on-lot outdoor recreation area shall be provided that is supervised by the center's staff.
(f)
Any such use shall be set back a minimum of 600 feet from any existing treatment center.
(44)
Veterinarian office (includes animal hospital):
(a)
Minimum lot area: 15,000 square feet.
(b)
Any structure in which animals are treated or housed shall be a minimum of 50 feet from any residential lot line. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be perceived within any adjacent dwellings.
(c)
Outdoor animal runs may be provided for small animals for use between 8:00 a.m. and 8:00 p.m., provided the runs are at least 150 feet from any existing dwelling and provided that the runs for dogs are separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking.
(d)
Although animals may be kept as an accessory use, a commercial kennel shall only be allowed if a kennel is permitted in that district and if the applicable requirements are met.
(45)
Small solar energy system. Small solar energy systems shall be permitted in all zoning districts as appurtenances to any building or as accessory structures and shall be subject to the following regulations:
[Added 3-14-2011 by Ord. No. 813]
(a)
The design of installation of small solar energy systems shall conform to applicable industry standards, including those of ANSI, underwriter's laboratories (UL), the ASTM, or other similar certifying organizations, and shall comply with the building codes and all other applicable fire and life safety requirements of the Borough of Columbia. The manufacturer's specification shall be submitted as part of the application.
(b)
All small solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent lots as well as adjacent streets rights-of-way.
(c)
All on-site utility and transmission lines extending to and from the small solar energy system shall be placed underground.
(d)
No part of any small solar energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any lot.
(e)
Small solar energy systems mounted on the roof of any building shall be subject to the maximum height requirements specified within each zoning district. The owner shall provide evidence in the form of stamped plans certified by a professional engineer that the roof is capable of holding the load.
(f)
Small solar energy systems which are ground-mounted or detached from the principal or accessory structure shall not exceed 15 feet in height.
(g)
The owner shall provide a copy of the letter from the electric utility company indicating that it has received and processed an application for interconnection of renewable generation equipment with the application for a zoning permit. The owner shall provide a copy of the final inspection report or other final approval from the electric utility company to the Borough prior to the issuance of the certificate of use and occupancy for the small solar energy system. A system with no connection to the electricity grid shall be exempt from this requirement.
(h)
Should the installation of any small solar energy system be intended for a property located within the historic district of the Borough of Columbia, such system shall comply in all respects with the Chapter 130, Historic District, and where appropriate, have received approval of the Historical Architectural Review Board and/or Borough Council.
(i)
Small solar energy systems and in particular solar panels, shall not display advertising, except for reasonable identification of the small solar energy system manufacturer. Such sign shall be no larger than is necessary to make such identification.
(j)
Access. On all rooftop solar system installations, modules shall be installed in a manner that provides one three-foot-wide clear access pathway from eave to the ridge on any roof slopes where modules are located, and one three-foot-wide clear access pathway on the ridge line on any roof slope. Pathways shall run the full length of the roof line. Flat roof installations shall have a three-foot pathway around all sides of the solar system installation.
[Added 12-16-2019 by Ord. No. 919]
(46)
Large solar energy production facilities. Large solar energy production facilities shall be subject to the following regulations:
[Added 3-14-2011 by Ord. No. 813]
(a)
The layout, design and installation of large solar energy production facilities shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories (UL), the ASTM, or other similar certifying organizations and shall comply with the building code and with all other applicable fire and life safety requirements of the Borough of Columbia. The manufacturer's specification shall be submitted as part of the application.
(b)
All on-site utility and transmission lines extending to and from the large solar energy production facility shall be placed underground.
(c)
All large solar energy production facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.
(d)
Large solar energy production facilities mounted on the roof of any building shall be subject to the maximum height regulations specified within each zoning district.
(e)
The owner shall provide evidence in the form of stamped plans certified by a professional engineer that the roof is capable of holding the load.
(f)
All ground-mounted and freestanding solar collectors of large solar energy production facilities shall be completely enclosed by a minimum eight-foot high fence with a self-locking gate.
(g)
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.
(h)
The large solar energy production facility owner is required to notify the Borough immediately upon cessation or abandonment of the operation. The large solar energy production facility owner shall then have 12 months in which to dismantle and remove the large solar energy production facility from the property. At the time of issuance of the permit for the construction of the large solar energy production facility, the owner shall provide financial security in an amount acceptable to the Borough to secure the expense of dismantling and removing said structures.
(i)
Should the installation of any large solar energy production facilities be intended for a property located within the historic district of the Borough of Columbia, such system shall comply in all respects with Chapter 130, Historic District, and where appropriate, have received approval of the Historical Architectural Review Board and/or Borough Council.
(j)
Large solar energy production facilities and in particular solar panels, shall not display advertising, except for reasonable identification of the small solar energy system manufacturer. Such sign shall have an area of less than four square feet.
(47)
Wind energy production facility. Wind energy production facility shall be subject to the following regulations:
[Added 3-14-2011 by Ord. No. 813]
(a)
The layout, design and installation of wind energy production facilities shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories (UL), Det Norske Veritas, Germanischer Lloyd Wind Energies, VASTM, or other similar certifying organizations, and shall comply with the building code and with all other applicable fire and life safety requirements of the Borough of Columbia. The manufacturer's specification shall be submitted as part of the application.
(b)
Wind energy production facilities shall not generate noise which exceeds 55 decibels measured at any property line.
(c)
All on-site utility and transmission lines extending to and from the wind energy production facility shall be placed underground.
(d)
Wind energy production facilities shall be equipped with a redundant braking system. This may include aerodynamic over speed controls, including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Staff regulation shall not be considered a sufficient braking system for overspeed controls.
(e)
Wind energy production facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration.
(f)
Wind turbines and towers shall not display advertising, except for reasonable identification of the wind energy production facilities manufacturer. Such sign shall have an area of less than four square feet.
(g)
Wind turbines and towers shall be a nonobtrusive color such as white, off-white or gray.
(h)
All wind energy production facilities shall, to the extent feasible, be sited to prevent shadow flicker on any occupied building on any adjacent lot.
(i)
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fencing.
(j)
All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
(k)
No portion of any wind energy production system shall extend over parking areas, access drives, driveways or sidewalks.
(l)
All wind energy production facilities shall be independent of any other structure and shall be located a minimum distance of one and 1/10th times the turbine height from any inhabited structure, property line, street right-of-way, or overhead utility line.
(m)
The minimum height of the lowest position of the wind turbine shall be 30 feet above the ground.
(n)
All wind energy production facilities shall be completely enclosed by a minimum of an eight-foot high fence with a self-locking gate.
(o)
The wind energy production facility owner is required to notify the Borough immediately upon cessation or abandonment of the operation. The wind energy production facility owner shall then have 12 months in which to dismantle and remove the wind energy production facility from the lot. At the time of issuance of the permit for the construction of the wind energy production facility, the owner shall provide financial security and in an amount acceptable to the Borough to secure the expense of dismantling and removing said structures.
(p)
With the application, the applicant shall support a report from a qualified engineer, licensed in the State of Pennsylvania, documenting the following for review by the Zoning Hearing Board.
[1]
Description of the wind energy production facility, including overview, project location, the rated capacity, type and height of facility including generating capacity, dimensions and respective manufacturers and a description of the ancillary facilities (the description should include technical, engineering, economic and other pertinent factors governing selection of the proposed design).
[2]
Evidence of structural integrity of each tower structure.
[3]
Structural failure characteristics of each tower structure and demonstration that site and setbacks are of adequate size to contain debris.
[4]
Identification of the nearest wind energy production system.
[5]
Description of the technical options available and reasons why the technical option selected was chosen over the other options.
[6]
Make, model, picture and manufacturer's specifications.
[7]
The applicant shall also submit any other relevant studies, reports, certifications and approvals as may be reasonably requested by the Borough to insure compliance with this subsection.
(q)
Wind turbines shall not be climbable up to 15 feet above ground surface.
(48)
Short-term rental dwellings.
[Added 6-25-2019 by Ord. No. 912[4]]
(a)
Short-term rental dwellings must be in a detached dwelling, a detached mixed-use building, or a detached accessory building. A minimum of two off-street parking spaces must be provided. The spaces may be located in a garage immediately available to the property for vehicular storage. This short-term rental dwelling shall be occupied as a unit by a single entity. There shall be no individual room rentals to separate entities.
(b)
The property shall be registered annually and be compliant with the Borough of Columbia's Rental Residential Registration and Inspection Requirements as contained in the Existing Structures and Property Maintenance Code.
(c)
The property shall be compliant with all federal, state, county and local laws, ordinances, and regulations.
(d)
No persons other than members of the entity renting the short-term rental shall be allowed on the premises during the period of occupancy. No planned "personal or business events" as described in the Short-Term Rental Registration Form shall be held at the short-term rental site.
(e)
The use of recreational vehicles, campers, or tents for occupancy is prohibited.
(f)
There shall be no overnight guests other than members of the entity renting the facility.
(g)
Occupancy shall be limited to no more than two persons per designated bedroom.
(h)
No pets shall be allowed other than service animals as defined by the Americans with Disabilities Act.
(i)
The property shall be cleaned and made deficiency-free following each occupancy.
(j)
Following each occupancy, the property shall be inspected by the property owner or its agent before the property is re-occupied and must be deficiency-free before being re-occupied.
(k)
Before each new occupancy, the property owner or his agent shall email or fax the Borough of Columbia with a list of the number of tenants contracted to occupy the dwelling.
(l)
A Knox-Box® shall be installed in an approved manner and shall contain all keys to the property.
(m)
The property shall be supplied with a basic first aid kit, a tool kit, the contact information for the owner or manager, trash and recycling collection information, and a list of local emergency contacts.
[4]
Editor's Note: This ordinance also contained the following provisions regarding short-term rentals:
1. Any renting of a property as a short-term rental, without the property being registered, shall constitute a separate violation of this Ordinance.
2. Failure to renew a short-term rental registration shall give rise to a presumption that the short-term rental use of the property has been abandoned.
3. Three violations of this Ordinance within a two-year period shall be sufficient cause to revoke the short-term rental of the property for the unexpired term of the registration. An owner is prohibited from applying for a new registration until the term of the revoked unexpired registration has expired.
4. A schedule of fees may be established from time to time by Borough Council.
§ 220-31 Additional requirements for accessory uses.
A.
General. Accessory buildings, structures or uses that are customary and incidental to a permitted by right, special exception or conditional use are permitted by right, except as is provided for in this chapter. A business shall only be conducted as an accessory to a dwelling if specifically permitted by this chapter.
B.
Accessory setbacks. The accessory setback requirements of the applicable district shall apply to every accessory building, structure or use unless a standard that is clearly meant to be more restrictive or less restrictive is specifically stated in this article for a particular accessory use. Accessory structure setback requirements shall not apply to permitted surface parking lots, fences or permitted accessory signs.
C.
Front yard setback. No accessory structure, use or building shall be permitted in a required front yard in any district, unless specifically permitted by this chapter.
D.
Special standards. Each accessory use shall comply with all of the following standards listed for that use:
(2)
Bees, keeping of:
(a)
Facilities for the keeping of bees shall be set back a minimum of 40 feet from any lot line, except such setback shall be reduced to 25 feet if the beekeeping is separated from other lot lines by a secure fence at least five feet in height. Signs shall be erected as necessary to warn persons of the presence of bees.
(b)
The bee facilities shall be located and managed in such as manner as to minimize the potential of the bees entering streets, sidewalks or unauthorized properties.
(3)
Day care in combination with a dwelling:
(b)
In any case, seven or more children (other than children who are related to the primary caregiver) shall only be cared for at one time within a single-family detached dwelling with a minimum lot area of 12,000 square feet and a ten-foot minimum setback from all existing dwellings on another lot(s). In any case, four to six children, in addition to children who are related to the primary caregiver, shall only be cared for at one time within a dwelling that is not attached to another dwelling. The care of fewer numbers of children may occur within any lawful dwelling unit.
(c)
The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic improvements.
(d)
Any day-care center involving seven or more children shall be considered a principal use and meet the standards of § 220-30 for such use, if permitted.
(e)
The use shall be actively operated by a permanent resident of the dwelling.
(f)
If four to six children who are not related to a permanent resident of the dwelling are cared for, then a minimum of 200 square feet of safe exterior play area shall be available.
(h)
The use shall comply with any applicable state and federal regulations, including having an appropriate State Department of Public Welfare (or its successor agency) registration certificate or license if required by such agency.
(i)
The use shall include a secure fence around any outdoor areas abutting streets that are routinely used for outdoor play.
(4)
Drive-through facilities:
(a)
The proposed traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(b)
On-lot traffic circulation shall be clearly marked.
(c)
A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site. Any drive-through facilities shall be designed to minimize conflicts with pedestrian traffic.
(5)
Fences and walls:
(a)
Fences and walls are permitted by right in all districts. Any fence or wall shall be durably constructed and well-maintained. Fences that have deteriorated shall be replaced or removed.
(c)
Fences:
[1]
Front yard. Any fence located in the required front yard of a lot in a residential district shall:
[a]
Be an open-type of fence (such as picket or split rail) with a minimum ratio of 1:1 of open to structural areas;
[b]
Not exceed five feet in height; and
[c]
Be constructed entirely of wood (plus any required fasteners and any wire mesh attached on the inside of the fence), or wrought iron or other material that closely resembles wood or wrought iron.
[2]
A fence shall not be required to comply with minimum setbacks for accessory structures.
[3]
Height. No maximum height shall apply to fences that are not within a residential district. A fence located in a residential district in a location other than a required front yard shall have a maximum height of 6.5 feet, except a maximum of height of 12 feet shall be permitted where the applicant proves to the Zoning Officer that such taller height is necessary to protect public safety around a specific hazard.
[4]
Setbacks. No fence shall be built within an existing street right-of-way. A fence of a dwelling may be constructed without a setback from a lot line in a residential district, but a one-foot or greater setback is recommended to provide for future maintenance of the fence.
[5]
Fence materials. Barbed wire shall not be used as part of fences around dwellings. Electrically charged fences shall only be used to contain farm animals, and shall be of such low intensity that they will not permanently injure humans. No fence shall be constructed out of fabric, junk, junk vehicles, appliances, tanks or barrels.
[6]
Installation of fencing. All single-sided fencing shall be installed with the finished side facing away from the premises. New fencing may be built and constructed on the property line. No installation of fencing shall be commenced without first obtaining a permit from the Zoning Officer of the Borough of Columbia.
[Added 3-14-2011 by Ord. No. 813; amended 5-11-2021 by Ord. No. 927-2021]
(d)
Walls:
[1]
Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section, and are permitted by right as needed in all districts.
[2]
No wall of greater than three feet shall be located in the required front yard in a residential district, except as a backing for a permitted sign at an entrance to a development.
[3]
A wall in a residential district outside of a required front yard shall have a maximum height of three feet if it is within the minimum accessory structure setback and six feet if it is not.
[4]
Walls that are attached to a building shall be regulated as a part of that building.
(e)
Also, see any historic district regulations that may be adopted by the Borough.
(7)
Home occupations:
(a)
All home occupations shall meet the following requirements:
[1]
The use shall be conducted primarily by a permanent resident of the dwelling, and involve a maximum of one person working on-site at any one time who does not reside within the dwelling.
[2]
The use shall be conducted indoors. No outdoor storage or display related to the home occupation shall be permitted. No changes shall occur to the exterior of a building that would reduce its residential appearance as viewed from a street.
[3]
The use shall occupy an area that is not greater than 25% of the total floor area of the principal dwelling unit. The use shall be secondary to the residential use.
[4]
One off-street parking space shall be required per nonresident employee. In addition, for a general home occupation, the Zoning Hearing Board shall require additional off-street parking if they determine it is necessary for customer parking.
[5]
The use shall not require delivery by tractor-trailer trucks.
[6]
A maximum of one truck related to the home occupation shall be parked overnight on the lot or on an adjacent street. Such truck shall not exceed 12,000 pounds aggregate gross vehicle weight. No excavating equipment shall be permitted to be parked overnight on the lot or on an adjacent street.
[7]
No equipment or machinery shall be permitted that produces noise, noxious odor, vibration, glare, electrical or electronic interference detectable on another property. The use shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and amounts typically found on a residential property. The use shall not involve the storage or use of toxic or highly hazardous substances.
[8]
A home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 9:00 p.m. and 7:30 a.m.
[9]
Any tutoring or instruction shall be limited to a maximum of six students per day.
[10]
A barber or beauty shop shall not include any nonresident employees.
[11]
The main office of a medical doctor, chiropractor or dentist shall not be permitted as a home occupation.
[12]
A general home occupation may include one two-square-foot nonilluminated sign as permitted by Article VII. A light home occupation shall not include any sign.
[13]
The Zoning Hearing Board shall deny a general home occupation application, or limit its intensity through conditions, if the Board determines the use would be too intense for the proposed location. In making such determination, the Board shall review the likely amounts of traffic, the types of operations involved and related nuisances, the amount of off-street and on-street parking that is available, the density of the neighborhood, whether the use would be adjacent to another dwelling, and setbacks from other dwellings. The Zoning Hearing Board may also permit up to three nonresident employees as a special exception if the Board, after considering the above criteria, determines that the property is especially well-suited to a more intense use.
[14]
The use shall not involve manufacturing, other than of custom crafts and sewing. The use shall not involve commercial repair of motor vehicles.
[15]
The use may include sales using telephone, mail order or electronic methods. On-site retail sales shall only be permitted within a general home occupation, and if specifically approved as part of a special exception approval. Such retail sales shall be limited to:
[16]
If more than one home occupation is accessory to a dwelling, the total aggregate impact of the home occupations shall be considered in determining compliance with this chapter.
(b)
In addition to the requirements listed in Subsection D(7)(a) above, the following additional requirements shall apply to a light home occupation:
[1]
The use shall not involve customers routinely visiting the home occupation.
[2]
The use shall not involve any signs visible from the exterior of the lot.
[3]
The use shall only involve the following activities:
[a]
Work routinely conducted within an office;
[b]
Custom sewing and fabric and basket crafts;
[c]
Cooking and baking for off-site sales and use;
[d]
Creation of visual arts (such as painting or wood carving);
[e]
Repairs to and assembly of computers and computer peripherals; and
[f]
A construction tradesperson, provided that nonresidents do not routinely operate trucks from the lot.
[4]
On-site retail sales shall be prohibited.
(8)
Outdoor storage and display: commercial or industrial as a principal or accessory use.
(a)
Location. Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, sidewalk or other area intended or designed for pedestrian use or required parking area.
(b)
No such storage or display shall occur on areas with a slope in excess of 25% or within the one-hundred-year floodway.
(d)
Any storage of more than 150 used tires shall only be permitted as part of a Borough-approved junkyard. Any storage of used tires shall involve stacks with a maximum height of 15 feet, and that cover a maximum of 400 square feet. Each stack shall be separated from other stacks from all lot lines by a minimum of 75 feet.
(9)
Pets, keeping of:
(a)
The accessory keeping of pets in compliance with this subsection is permitted by right in all districts.
(b)
No use shall involve the keeping of animals or fowl in such a manner or of such types of animals that it creates a serious nuisance (including noise or odor), a health hazard or a public safety hazard. The owner of the animals shall be responsible for collecting and properly disposing of all fecal matter from pets. No dangerous animals shall be kept outdoors in a residential district, except within a secure, completely enclosed cage or fenced area of sufficient height or on a leash under full control of the owner.
(c)
A maximum of three total dogs and/or cats, which shall not include more than two dogs, may be permitted to be kept by residents of each dwelling unit, except:
[1]
A maximum of six total dogs and/or cats shall be permitted to be kept by residents of a dwelling unit on a lot of 20,000 square feet or greater that includes a single dwelling unit. Such limits shall only apply to dogs or cats over four months in age. Any greater number of dogs and/or cats shall need approval as a kennel.
(e)
Animals shall be permitted provided they do not create unsanitary conditions or noxious odors for neighbors.
(f)
A minimum lot area of two acres shall be required for the keeping of horses.
(g)
Only those pets that are domesticated and are compatible with the residential character shall be permitted as "keeping of pets." Examples of permitted pets include dogs, cats, rabbits, gerbils and lizards, and Vietnamese pot-bellied pigs (With respect to Vietnamese pot-bellied pigs, however, only one per dwelling unit shall be permitted.), but do not include bears, goats, wolves, wolf-dog hybrids, cows, venomous snakes that could be toxic to humans, hogs or sheep.
[Amended 2-12-2007 by Ord. No. 775]
(10)
Residential accessory structure or use (see definition in Article II):
(a)
Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 220-26, unless specifically exempted by this chapter.
(d)
Parking of commercial vehicles and trucks. The parking of commercial vehicles is prohibited on a principally residential lot in a residential district, except for one of the following, provided that such vehicle(s) is needed by residents of the dwelling to travel to and from work:
[1]
The parking of a maximum of two vehicles, each of up to 12,000 pounds aggregate gross vehicle weight; or
[2]
The parking of one vehicle with an aggregate gross vehicle weight of over 12,000 pounds aggregate gross vehicle weight, provided such vehicle is kept a minimum of 30 feet from any dwelling on another lot.
(11)
Swimming pool, household (referred to hereafter as "pool"):
(a)
Enclosure around in-ground pools. An new or existing in-ground pool shall be completely surrounded by a secure fence, wall, building or other suitable enclosure not less than four feet in height. This enclosure shall be constructed to make it very difficult for small children to climb up or slip through it. All gates or door openings through such enclosure (other than a door to a building) shall be self-closing and include a self-latching device on the pool side for keeping the gate or door securely closed during times it is not in use.
(b)
Enclosure around aboveground pool. Any existing or new above ground pool shall include a secure fence, wall, building or other suitable enclosure a minimum of four feet high above the surrounding average ground level. This enclosure may include the walls of the pool itself. Any access ladder shall be able to be raised and locked so that it is a minimum of four feet above the surrounding ground level or otherwise inaccessible to small children when the pool is unattended.
(c)
Location. Any pool deck or shelter that is elevated above the average surrounding ground level and the water surface of any pool shall be set back a minimum of five feet from any lot line. Patios around pools that are level with the average surrounding ground level are not required to be set back from lot lines. A pool is not permitted within a required front yard. A pool shall meet requirements of any water or sewer easement.
(d)
Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property. Such method may be subject to approval of the Zoning Officer.
(e)
The Borough does not assume responsibility for guaranteeing to the public that all new and existing pools fully comply with these provisions.
(12)
Telephones or vending machines:
(a)
No outdoor pay telephone and no outdoor coin-operated vending machine shall be placed on a public sidewalk in the public right-of-way, except for newspaper/periodical vending machines. A newspaper/periodical vending machine shall only be permitted on a sidewalk if a four-foot-wide pedestrian path is unobstructed.
(b)
No pay telephone and no coin-operated vending machine shall be permitted outdoors as accessory to a dwelling or a vacant lot.
(13)
Short-term rental dwellings.
[Added 6-25-2019 by Ord. No. 912[4]]
(a)
Short-term rental dwellings must be in a detached dwelling, a detached mixed-use building, or a detached accessory building. A minimum of two off-street parking spaces must be provided. The spaces may be located in a garage immediately available to the property for vehicular storage. This short-term rental dwelling shall be occupied as a unit by a single entity. There shall be no individual room rentals to separate entities.
(b)
The property shall be registered annually and be compliant with the Borough of Columbia's Rental Residential Registration and Inspection Requirements as contained in the Existing Structures and Property Maintenance Code.
(c)
The property shall be compliant with all federal, state, county and local laws, ordinances, and regulations.
(d)
No persons other than members of the entity renting the short-term rental shall be allowed on the premises during the period of occupancy. No planned "personal or business events" as described in the Short-Term Rental Registration Form shall be held at the short-term rental site.
(e)
The use of recreational vehicles, campers, or tents for occupancy is prohibited.
(f)
There shall be no overnight guests other than members of the entity renting the facility.
(g)
Occupancy shall be limited to no more than two persons per designated bedroom.
(h)
No pets shall be allowed other than service animals as defined by the Americans with Disabilities Act.
(i)
The property shall be cleaned and made deficiency-free following each occupancy.
(j)
Following each occupancy, the property shall be inspected by the property owner or its agent before the property is re-occupied and must be deficiency-free before being re-occupied.
(k)
Before each new occupancy, the property owner or his agent shall email or fax the Borough of Columbia with a list of the number of tenants contracted to occupy the dwelling.
(l)
A Knox-Box® shall be installed in an approved manner and shall contain all keys to the property.
(m)
The property shall be supplied with a basic first aid kit, a tool kit, the contact information for the owner or manager, trash and recycling collection information, and a list of local emergency contacts.
[4]
Editor's Note: This ordinance also contained the following provisions regarding short-term rentals:
1. Any renting of a property as a short-term rental, without the property being registered, shall constitute a separate violation of this Ordinance.
2. Failure to renew a short-term rental registration shall give rise to a presumption that the short-term rental use of the property has been abandoned.
3. Three violations of this Ordinance within a two-year period shall be sufficient cause to revoke the short-term rental of the property for the unexpired term of the registration. An owner is prohibited from applying for a new registration until the term of the revoked unexpired registration has expired.
4. A schedule of fees may be established from time to time by Borough Council.