Cornwall City Zoning Code
ARTICLE 26
CRITERIA FOR SPECIAL EXCEPTIONS, CONDITIONAL USES, AND OTHER SELECTED USES
§ 14-2601 General Description.
[Ord. 2008-1, 6/9/2008]
It is the intent of this Article to provide special controls and regulations for particular uses that may be permitted by right, or by special exception, or by conditional use within the various zoning districts established in this Chapter. Special exceptions and conditional uses are deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in this Article, in addition to all other requirements of this Chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case. The Zoning Hearing Board may grant approval of a special exception provided that the applicant complies with the standards for special exceptions set forth in this Article and demonstrates that the proposed special exception shall not be detrimental to the health, safety, and welfare of the neighborhood. Similarly, the Borough Council may grant approval of a conditional use under applicable regulations. The burden of proof shall rest with the applicant. In granting a special exception or conditional use, the Zoning Hearing Board or Borough Council, as appropriate, may attach such reasonable conditions and safeguards in addition to those expressed in this Chapter, as it may deem necessary to implement the purposes of this Chapter.
§ 14-2602 Procedure.
[Ord. 2008-1, 6/9/2008]
The procedure for consideration of a special exception or conditional use shall follow the procedure for review and hearings as stated in Article 30 of this Chapter.
§ 14-2603 Plan Requirements.
[Ord. 2008-1, 6/9/2008]
1.
In addition to any plan informational requirements for a specific land use identified in this Article, a special exception or conditional use application shall be accompanied by a scaled drawing of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this Chapter and shall include the following:
A.
The location of all buildings, parking areas, traffic access, and circulation drives, open spaces, landscaping, and other pertinent information.
B.
The names and addresses of adjoining property owners, including properties directly across a street right-of-way.
C.
Ground floor plans and building elevations of proposed structures.
D.
A written narrative of the proposed use in sufficient detail to determine that all applicable standards are adequately addressed.
§ 14-2604 General Standards for All Special Exception and Conditional Use Applications.
[Ord. 2008-1, 6/9/2008]
1.
In order to receive a special exception or conditional use approval, the applicant shall establish by credible evidence that:
A.
The proposed use is consistent with the purpose and intent of this Chapter.
B.
The proposed use does not detract from the use and enjoyment of adjoining or nearby properties.
C.
The application complies with all criteria established for the respective land use proposal addressed elsewhere in this Chapter.
D.
The proposed use does not substantially impair the integrity of the Borough’s Comprehensive Plan.
E.
The required front yard, side yards, open space areas, and height limitations for the applicable zoning district have been met.
F.
The off-street parking provisions are in conformance with those specified in Article 24 of this Chapter.
G.
Points of vehicular access to the lot are provided at a distance from intersections and other points of access and in number sufficient to prevent undue traffic hazards and obstruction to the movement traffic.
H.
The location of the site with respect to the existing roads giving access to it is such that the safe capacity of those roads is not exceeded by the estimated traffic generated or attracted is not out of character with the normal traffic using said public road.
I.
The pedestrian access from the off-street parking facilities is separated from vehicular access and sufficient to meet the anticipated demand.
J.
The proposed use is not incompatible with the existing traffic conditions and adjacent uses and will not substantially change the character of the immediate neighborhood.
K.
Facilities are available to adequately service the proposed use (e.g., schools, fire, police, and ambulance protection, sewer, water, and other utilities, etc.).
L.
Screening of the proposed use from adjacent uses is sufficient to prevent the deleterious impact of the uses upon each other.
M.
The use of the site complies with the requirements of any other public agency having jurisdiction over the proposed use.
N.
Operations in connection with a special exception or conditional use will not be more objectionable to nearby properties by reason of noise, odor, fumes, vibration, glare, or smoke than would be the operations of any permitted use.
O.
Sufficient setbacks to and/or from agricultural operations are provided in accordance with the applicable district regulations.
P.
For development within the General Floodplain District, that the application complies with the requirements listed in Article 18.
§ 14-2605 Criteria for Specific Land Uses.
[Ord. 2008-1, 6/9/2008]
In addition to those items required by §§14-2603 and 14-2604 (if applicable), each of the following land uses contains criteria that shall be addressed by the applicant and reviewed by the Zoning Officer, when permitted by right, or by the Zoning Hearing Board, when permitted by special exception, or by the Borough Council, when permitted by conditional use. Deviation from the expressed criteria for specific uses shall require the granting of a variance from the Zoning Hearing Board.
§ 14-2606 Group Family Dwellings.
[Ord. 2008-1, 6/9/2008]
1.
Group family dwellings are subject to the following additional conditions:
A.
Proof of a group family living arrangement shall be verified through the appropriate State or local agency sponsoring/approving the use. A copy of the required license or registration and any subsequent changes thereto shall be filed with the Zoning Officer prior to initiation of the use or change.
B.
All parking for the use shall be off-street. In addition to the two off-street parking spaces required for the dwelling unit, sufficient additional off-street parking spaces shall be provided to adequately handle the parking needs of the use, e.g., one additional space for each resident.
C.
Where the proposed use is to be served by on-lot sewage disposal, a certification by the Borough Sewage Enforcement Officer that the existing system is adequate to serve the proposed use.
§ 14-2607 Family Day Care Homes.
[Ord. 2008-1, 6/9/2008]
1.
Family day care homes are subject to the following additional conditions:
A.
Day care shall be provided by the resident of the home and a maximum of one nonresident assistant.
B.
Applicant shall obtain and maintain a registration certificate from the Pennsylvania Department of Public Welfare for the family day care home; a copy of said certificate shall be attached to the zoning permit.
C.
Two off-street parking spaces shall be provided in addition to that required for the residence.
D.
No signs pertaining to the day care service shall be permitted.
E.
Where the proposed use is to be served by on-lot sewage disposal, a certification by the Borough Sewage Enforcement Officer that the existing system is adequate to serve the proposed use.
§ 14-2608 Group Day Care Homes.
[Ord. 2008-1, 6/9/2008]
1.
Group day care homes are subject to the following additional conditions:
A.
Applicant shall obtain written approval or licensure of the group day care home form the Pennsylvania Department of Public Welfare.
B.
Day care shall be provided by the resident of the home and a maximum of two nonresident assistants.
C.
A minimum of three off-street parking spaces shall be provided in addition to that required for the residence.
D.
Loading and unloading of children from vehicles shall only be permitted on the driveway or on an approved parking area.
E.
The size of sign permitted shall be limited shall be limited to that allowed for a home occupation.
F.
Where the proposed use is to be served by on-lot sewage disposal, a certification by the Borough Sewage Enforcement Officer that the existing system is adequate to serve the proposed use.
§ 14-2609 Day Care Centers.
[Ord. 2008-1, 6/9/2008]
1.
Day care centers are subject to the following additional conditions:
A.
The property shall be served by public water and sewer facilities.
B.
Applicant shall obtain written approval or licensure of the day care center from the Pennsylvania Department of Public Welfare.
C.
Plans for the construction or modification of the facility shall be reviewed/approved by the Pennsylvania Department of Labor and Industry and written proof of said review/approval shall be provided.
D.
Unloading and loading of children from vehicles shall only be permitted on the driveway or on the approved parking area.
E.
Off-street parking shall be provided at a rate of one space for each employee, plus four spaces for the first 10 licensed capacity slots for children, plus one space for each additional 10 slots for children approved for vehicles owned and operated by the facility as a part of its day care services.
F.
Play areas for children shall be fenced and shall be located no closer than 50 feet to any lot line or road right-of-way, except that play area setbacks may be reduced to 25 feet from side and rear lot lines when a dense screen planting is established and maintained within the setback area.
§ 14-2610 Guest Homes.
[Ord. 2008-1, 6/9/2008]
1.
Guest homes are subject to the following additional conditions:
A.
The number of bedrooms for guests shall be a minimum of two and a maximum of six. No more than two adults and two children may occupy any one guest room. All bedrooms for guests shall be housed within one principal building.
B.
The property shall be served by public water and sewer facilities.
C.
There shall be one full bathroom for every two guest bedrooms, and if there are an odd number of guest bedrooms, there shall be an additional half bath provided. The manager’s quarters shall have separate, full bathroom facilities and may have separate cooking/eating areas.
D.
There shall be one central eating area for guests if on-site meals are provided. Guest rooms shall not have separate cooking or eating facilities. The serving of meals shall be limited to the resident family and guests of the establishment. Any meals served to guests shall be included in the room rental package.
E.
The premises shall be managed by a person or persons who shall be permanent full-time residents within the structure housing the bedroom facilities. Nonresident employees shall be limited to two, in addition to the resident members of the family.
F.
Parking facilities shall consist of a combined total of one parking space for each guest bedroom, plus two spaces for the managers/owners, plus one space for each employee. Parking facilities shall be located to the rear of the guest home and shall be screened from the roadway and adjacent properties by fencing and/or screen planting.
G.
For each road frontage, there shall be a maximum of one freestanding or projecting sign. Said sign shall be no larger than six square feet in area and identify only the name of the guest home and its proprietor(s).
H.
The maximum uninterrupted length of stay at a guest home shall be 14 days.
I.
The use of any amenities provided by the guest home such as swimming pool or tennis courts shall be restricted in use to the resident family and guests of the establishment.
§ 14-2611 Intensive Agricultural Operations.
[Ord. 2008-1, 6/9/2008]
1.
Intensive agricultural operations are permitted only by conditional use within the Intensive Agriculture Overlay District, subject to the following requirements:
A.
The minimum lot size shall be 50 acres.
B.
The maximum impervious lot coverage shall be 10%.
C.
No intensive livestock facility shall be permitted within 500 feet of any residential zoning district boundary line.
D.
No intensive livestock facility shall be permitted within 300 feet of any property line or road right-of-way line.
E.
Where it is shown that, because of prevailing winds, topography, unusual obstructions or other factors, a lesser distance would protect adjoining lands from odor, dust or other hazards, Borough Council may reduce the above special setback requirements. In no case, however, shall the Borough Council reduce any special setback requirement to less than 300 feet of any residential zoning district boundary line or less than 100 feet of any property line or road right-of-way line. The burden shall be on the applicant to prove that a lesser distance would not be detrimental to the health, safety, and general welfare of the community.
F.
When engaging in subdivision or land development, the plans filed shall show, and require, on either the subdivided or land developed lot, or the remaining land, the setbacks required hereunder.
G.
Where applicable, the applicant shall present evidence that an Act 6 Nutrient Management Plan approved by the Lebanon County Conservation District for the proposed intensive agricultural operation has been completed.
H.
The applicant shall present evidence that the applicant has a conservation plan approved by the Lebanon County Conservation District for the proposed intensive agricultural operation.
I.
The applicant shall construct a manure storage system, with at least six months storage capacity in compliance with the Pennsylvania Technical Guide developed by the Natural Resource Conservation Service, approved by the Lebanon County Conservation District.
J.
The applicant shall present evidence that the applicant has a Chapter 102 erosion and sediment control plan for the proposed intensive agricultural operation approved by the Soil Conservation Service.
K.
The applicant shall present to Borough Council a plan certified by a traffic professional that the intensive agricultural operation allows for the safe and efficient movement of all motorized vehicles associated with the intensive agricultural operation and including, but not limited to, information concerning traffic generation, size of vehicles, number of trips per day, and a design, and improvement where necessary, or each proposed entrance and/or exit to the intensive agricultural activity that does not allow mud, gravel, or other material to be deposited upon or to accumulate on or along abutting public raids.
L.
The applicant shall provide for buffering, as determined satisfactory, by Borough Council with respect to any structure, access drive, parking, loading, or unloading area located within 300 feet of any residential structure or lot of record that is three acres or less in size.
M.
Operations utilizing food processing wastes shall be subject to the following:
(1)
All putrescible food processing wastes shall be fed to the animals on the premises or be removed from the premises within 72 hours after delivery.
(2)
All food processing waste shall be stored in enclosed buildings or sealed containers prior to being fed to the animals.
(3)
Only such food processing wastes as can reasonably be expected to be consumed by the animals on the premises shall be stored on site.
(4)
Food processing waste shall be transported to and from the premises only in sealed containers.
(5)
The owner shall at all times comply with all applicable State and Federal laws and regulations governing the transportation, storage, use, and disposal of food processing wastes.
N.
Total animal density on the property shall not exceed 5 AEUs per acre.
§ 14-2612 Home Occupations and Home Businesses.
[Ord. 2008-1, 6/9/2008]
1.
Purpose. It is the intent of this Section to establish regulations that will permit home occupations and home businesses in a manner that will preserve the peace, quiet, and tranquility of residential neighborhoods and to ensure the compatibility of such uses with other uses permitted within the same zoning district.
2.
General Regulations. All dwellings containing a home occupation or home business shall comply with the following:
A.
The person primarily responsible for the home occupation/business shall be a full-time resident of the premises.
B.
No more than 25% of the gross floor area of the dwelling unit may be used for the practice of a home occupation or a home business. This 25% limitation may be increased only through the approval as a conditional use by the Borough Council.
C.
No displays or change in the building facade, including the dwelling and all accessory buildings, shall indicate from the exterior that the dwelling is being utilized for purposes other than a dwelling.
D.
Storage of materials, products, or machinery used for the home occupation or home business shall be wholly enclosed by the dwelling, within the maximum floor area previously defined, and shall not be visible from any adjacent lot or street.
E.
A home occupation or home business shall not produce noise, obnoxious odors, vibrations, lighting glare, fumes, or smoke detectable to normal sensory perception on any adjacent lots or streets or electrical interference.
F.
The disposal of all materials, fluids, and gases shall be in a manner that complies with all regulations of Cornwall Borough and all other applicable government codes.
G.
Home occupations/businesses utilizing, or proposing to utilize, explosive or highly flammable materials shall require proof of fire department notification and compliance with applicable building codes prior to using such materials.
3.
Additional Requirements for Home Occupations. Home occupations shall be subject to the following additional restrictive requirements in addition to the requirements of subsection .2:
A.
There shall be no visitations by nonresidents for business purposes.
B.
There shall be no retail sales of goods on the premises.
C.
All persons involved in the home occupation shall be full-time residents.
D.
There shall be no evidence from the exterior that the dwelling is being used for purposes other than a dwelling.
E.
No signs shall be utilized.
F.
Traffic generated by the home occupation shall not exceed volumes than would normally be expected in a residential neighborhood.
4.
Additional Requirements for Home Businesses. Home businesses shall be subject to the following additional restrictive requirements in addition to the requirements of subsection .2:
A.
A home business shall limit any external evidence of said business to one nonilluminated sign, not exceeding one square foot in sign area, subject to the sign regulations of this Chapter.
B.
Sales of goods on the premises shall be limited to goods made on the premises and goods that are incidental to services performed on the premises.
C.
The requirement for additional parking facilities shall be determined by the Borough Council.
D.
Deliveries shall not restrict traffic circulation.
§ 14-2613 Communication Antennas, Towers, and Equipment for Commercial Operation.
[Ord. 2008-1, 6/9/2008]
1.
General Requirements for Communications Antennas and Communications Buildings.
A.
Building mounted communications antennas shall not be located on any residential structure.
B.
Building mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning districts by no more than 20 feet.
C.
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
D.
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
E.
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
F.
Any applicant proposing communications antennas to be mounted on a building or structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Borough Engineer.
G.
Any applicant proposing communications antennas to be mounted on a building or structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment can be accomplished.
H.
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
I.
Communications antennas shall not cause radio frequency interference with other communications facilities located within Cornwall Borough.
J.
A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory building.
K.
The owner and operator of communications antennas shall be licensed by the Communications Commission to operate such antennas, and shall provide a copy of such license to the Borough.
2.
General Requirements for Communications Towers.
A.
The applicant shall be required to submit to the Borough evidence of the need for the communications tower and that all alternatives have been exhausted to constructing the communications tower in the proposed location. Applicants are required to prove need by:
(1)
Providing evidence, including coverage diagrams and technical reports, that, in terms of location and construction, there are no existing towers, communications towers, buildings or structures able to provide the platform for the necessary equipment for one or more of the following reasons:
(a)
Planned equipment would exceed the structural capacity of the existing communications towers, buildings or structures, and existing communications towers, buildings or structures, cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost.
(b)
Planned equipment will cause interference with other existing or planned equipment for that communications tower, building or structure and the interference cannot be prevented at a reasonable cost.
(c)
Existing or approved communications towers, buildings or structures do not have the space on which planned equipment can be placed so it can function effectively and at least be in parity with other similar equipment in place or planned.
(d)
Other reasons make it impractical to place the equipment by the applicant on existing and approved communications towers.
B.
No communications tower shall be permitted within Cornwall Borough that is of a height that would require attached lighting as required by standards of the Federal Aviation Administration (FAA). Other lighting shall be permitted in accordance with the provisions contained elsewhere in this Chapter.
C.
Communications towers may not be located on a lot that is listed on a historic register or in an officially designated State or Federal historic district.
D.
Communications towers shall be no closer than 1,000 feet from another communications tower, such distance being measured as a horizontal distance from tower to tower.
E.
The applicant for a communications tower must execute an agreement with the Borough, in a recorded instrument legally sufficient to the Borough, reviewed by the Solicitor, requiring the removal of the communications tower within one year after the communications tower ceases to function as such. Removal of the communications tower shall include the tower, all appurtenances or component parts thereof, including any associated buildings or structures.
(1)
Responsibility of Owner and Occupant of Premises for Removal. No person, firm, or corporation owning or occupying any property within Cornwall Borough shall permit, leave or cause to be left any communications tower, appurtenances, or component part thereof, including any associated buildings or structures on said property on and after the aforesaid one-year period. A communications tower, all appurtenances or component part thereof, including any associated buildings or structures so remaining on the premises after the prescribed removal date shall be deemed in violation of the provisions of this Section.
(2)
Notice to Conform. Cornwall Borough is hereby authorized, and directed to give notice, by a personal service or U.S. mail to the owner or occupant, or both, as the case may be, by certified mail of the violation of the provisions of this Chapter, and directing and requiring said owner or occupant to conform with the requirements of this Chapter within 30 days after issuance of such notice.
(3)
Violations and Penalties. In case any person, firm, or corporation shall neglect, fail, or refuse to comply with said notice within the period of time stated therein, Cornwall Borough may enter the premises and remove the communications tower, all appurtenances or component part thereof, including any associated buildings or structures. In such event all costs associated with the removal, together with reasonable attorney’s fees and any additional payment authorized by law, may be collected by Cornwall Borough, from such person, firm, or corporation in the manner provided by law for collection of municipal claims or by an action of assumpsit
F.
A security fence and gate, of approved design, of not less than eight feet, including barbed wire at the top, shall completely enclose the communications tower and anchor locations of guy wire (if used). This fencing shall be designed to be compatible with surrounding land uses.
G.
The applicant shall submit a landscaping plan. Landscaping requirements shall be in accordance with the requirements of the Borough’s Subdivision and Land Development Ordinance [Chapter 13].
(1)
Landscaping, consisting of approved evergreen trees, shall be required at the perimeter of the security fencing. Layout and type of trees permitted shall be as set forth in the Cornwall Borough Subdivision and Land Development Ordinance [Chapter 13].
(2)
This requirement may be waived by the Borough if there is existing acceptable vegetation along the property lines.
H.
A minimum of one parking space shall be required. Spaces shall meet requirements of this Chapter. Parking spaces may be surfaced with a durable and dustless gravel surface.
I.
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement of 20 feet in width and shall be improved to a width of at least 12 feet.
J.
Internal access to the Communications Tower shall be provided by a minimum twelve-foot width driveway with a durable and dustless surface, such as concrete or a bituminous surface, for a minimum of 35 feet from the centerline of any public street. The length of the driveway beyond this 35 feet shall, at a minimum be surfaced with durable and dustless gravel.
K.
Communications towers shall be fully automated and unattended on a daily basis. The site shall be visited only for periodic maintenance.
L.
The communications equipment building shall be identified as an accessory building, and the applicable regulations for the host zoning district shall apply.
M.
Guy wires, if utilized, may not be anchored in any setback area of the host zoning district. Guy wires shall not cross or encroach any overhead telephone or electric power lines.
N.
Tower height shall be measured from the top of the foundation to the top of the tower.
O.
A security gate shall be required to be installed a minimum of 45 from the centerline of the public or private roadway.
P.
The applicant shall be required to have control over any land that is within a required setback area of this Chapter. This control, submitted in writing, may be either in the form of ownership, lease, or recorded easement, as reviewed by the Solicitor.
Q.
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 amount $1,000,000 per occurrence covering the communications tower and communications antennas.
R.
No communications tower shall be located closer than 500 feet from any existing structure, playground, ball field, or other area used for active recreation within a municipal park or school.
S.
No more than 10,000 square feet of clear-cutting of wooded areas shall be allowed for the site area of the communications tower.
T.
Setbacks shall be no less than 100% of the tower height from adjacent property lines and public road right-of-way lines. Such distance shall be in a straight line from the communications tower to the appropriate line. This set back shall be increased to 150% if any residential zoning district abuts the property in which the communications tower is located.
3.
General Requirements for Collocation of Facilities. The applicant for the collocation of facilities shall be required to submit a building permit application for approval.
§ 14-2614 Adult-Oriented Businesses.
[Ord. 2008-1, 6/9/2008]
1.
Purpose. The purpose of this Section is to provide for the establishment of adultoriented businesses within the Borough at such places, and in such manner, as is appropriate and reasonable; and to establish reasonable regulations which take into consideration the potential for adverse impact from such businesses upon adjoining property owners, occupants, and uses.
2.
Interpretation and Application. This Section shall be interpreted and applied in a manner consistent with the Constitution and shall not be applied to unduly restrict or infringe upon rights guaranteed thereby.
3.
Severability. The provisions of this Section shall be severable, and in the event any one thereof shall be determined to be invalid or unenforceable, such determination shall not operate to repeal or invalidate the remaining provisions.
4. ADULT BOOKSTORE ADULT-ORIENTED BUSINESS ADULT-ORIENTED PRODUCT ADULT-ORIENTED SERVICE. ADULT THEATER
As used in this Chapter, the following terms, words, and phrases shall have the meanings ascribed to them by this Section:
An establishment open to the general public in which 5% or more of the occupied sales or display area offers for sale, for rent or lease, for loan, or for view upon the premises, pictures, photographs, drawings, prints, images, sculpture, still film, motion picture film, video tape, or similar visual representations distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity, or books, pamphlets, magazines, printed matter or sound recordings containing explicit and detailed descriptions or narrative accounts distinguished or characterized by an emphasis on sexual conduct, or offers for sale of sexual devices.
Any business offering for sale, lease, or hire products, materials, or inventory, the majority of which consists of adult-oriented products, or any business that provides any adult-oriented services. Any business that restricts its clientele to persons over the age of 17 in order to comply with the Pennsylvania Crimes Code, 18 Pa.C.S.A. §101 et seq., shall be considered an adult-oriented business.
Anything which depicts, describes, presents, or displays human nudity or humans engaging in sexual foreplay or intercourse and appearing to have at least a significant motivation for such depiction, presentation, or display the sexual stimulation or sexual gratification of the consumer of same. Also included within this definition is any object that is intended or may be used by the consumer for purposes of sexual stimulation or gratification. Movies having received an R or PG-13 rating, or the literary equivalent of it, shall not be considered adult-oriented products.
Any action performed, for consideration, by one or more persons to or for the benefit of another person or persons where at least one motivation for such action is the sexual stimulation or gratification of either the performer or the recipient.
A building or a room within a building open to the general public, used for presenting live entertainment, motion picture film, video tape, or similar visual representation of materials distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
5.
The use and occupancy of any land, building or structure as an adult-oriented business shall be subject to the following:
A.
An adult-oriented business shall be permitted only by conditional use and only in a GI–General Industrial District.
C.
An adult-oriented business shall not be permitted to be located within 1,000 feet of any of the following:
D.
No materials, merchandise, or film offered for sale, rent, lease, and loan or for view upon the premises shall be exhibited or displayed outside of a building or structure, or be visible from outside the building or structure.
E.
Any building or structure used and occupied as an adult-oriented business shall be windowless, or have an opaque covering over all windows or doors of any area in which materials, merchandise, live entertainment or film shall be visible from outside of the building or structure.
F.
No sign shall be located upon the premises that depicts a visual representation of the type of materials, merchandise or film being offered therein.
G.
All entrances to the premises shall be posted with notices that persons under the age of 18 years are not permitted to enter and warning all other persons that they may be offended by the materials, merchandise, or film exhibited or displayed therein.
H.
No adult-oriented business may change to another adult-oriented business except upon approval by an additional conditional use.
I.
The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.
J.
No unlawful sexual activity or conduct shall be permitted.
K.
No more than one adult-oriented business may be located within one building.
L.
All adult-oriented uses permitted hereunder shall have access to a major road as defined in Article 2 of this Chapter.
§ 14-2615 Commercial Uses Permitted in the Village Residential (RV) District.
[Ord. 2008-1, 6/9/2008]
1.
Commercial uses permitted in the Village Residential (RV) District are subject to the following additional conditions:
A.
No outside storage of materials shall be permitted.
B.
The applicant shall demonstrate that sufficient off-street parking facilities will be provided to accommodate the needs generated by such use.
C.
Such businesses shall be of such a size and scope of activity that they do not constitute an unreasonable commercialization of the district that would adversely affect nearby residential uses.
D.
In order for any of the listed uses to be permitted, they must be non-objectionable in terms of smoke or dust emission, odors, noise, heat, vibration, visual impact, or glare, and shall not be injurious or have an adverse affect on adjacent areas or the Borough as a whole. Should the Zoning Officer require additional information in order to make a determination concerning the above-mentioned dangers, the applicant shall provide said information to the Zoning Officer as part of the permit application.
§ 14-2616 Farm-Based Businesses.
[Ord. 2008-1, 6/9/2008]
1.
The primary economic activity of the subject tract shall be agricultural and shall be at least 10 acres in area.
2.
The land area of the proposed farm based business shall not utilize more than one acre of land area inclusive of buildings and parking facilities.
3.
The business shall be conducted and owned by the farmer in residence on the property.
4.
The Borough Council shall determine if the proposed farm based business and land use are not detrimental to the agricultural uses of the Agricultural District and do not interfere or conflict with the continuation and perpetuation of agricultural activities and the health, safety, and welfare of the community. Additionally, the Borough Council may require that impact studies be furnished which evaluate the effect of the proposed business and land use upon the subject tract of land, the abutting properties and the community in general.
5.
The applicant shall acknowledge as part of the conditional use application that additional Borough, County, Commonwealth, and Federal requirements may exist, and that it is his responsibility to comply with any additional requirements.
6.
In the case where the proposed farm based business requires the construction of new buildings or additions to existing buildings, the applicant shall provide information justifying that the location of the proposed construction does not unnecessarily utilize existing agricultural lands and/or does not have an adverse effect upon the existing agricultural uses of the farm.
7.
The land area of the farm-based business shall not, at any time, be permitted to be subdivided from the farm.
8.
No more than two nonresidents shall be employed in a farm-based business.
9.
The applicant shall demonstrate that the proposed farm based business and land use provide for the safe and efficient movement of traffic by addressing anticipated changes in vehicular movements.
10.
Signs that advertise the farm-based business shall not exceed 15 square feet in area.
11.
If determined by the Borough Council, suitable buffering shall be provided when the farm based business is located within 100 feet of an adjacent residential structure.
12.
The owner and/or occupant of the farm-based business shall not allow a nuisance condition to be created in terms of excessive noise, dirt or odor. Additionally, the farmbased business shall be conducted in a manner that does not allow the accumulation of trash and debris.
13.
For purposes of this Section, a farm shall be defined as an area of land employed by the farmer as a single economic enterprise, regardless of the contiguity or number of parcels, plots, or tracts comprising such enterprise.
§ 14-2617 Gasoline Pumps and Other Service Station Equipment.
[Ord. 2008-1, 6/9/2008]
Unless otherwise specified herein, all gasoline pumps, tanks, and all other vehicle service equipment shall be located not less than 35 feet from any lot line and/or road right-of-way and located such that vehicles stopped for service will not extend over the property line. Furthermore, the use and storage of all flammable and combustible liquids shall comply with the requirements set forth by the Fire Marshall Division of the Pennsylvania State Police (based on Pa.Code, Chapters 11 and 13).
§ 14-2618 Golf Courses, Country Clubs.
[Ord. 2008-1, 6/9/2008]
1.
Golf courses, country clubs, and semi-public or private recreation areas and structures operated by membership clubs solely for the benefit of their members and not for gain shall be subject to the following conditions:
A.
A minimum lot area of 200 acres for golf courses and a ten-acre minimum for all other uses.
B.
The sum of all areas covered by principal and accessory buildings shall not exceed 10% of the total lot area.
C.
No building, structure or part thereof or any parking or loading area shall be located within 100 feet of any road right-of-way line or lot line.
D.
Exterior lighting, other than that essential for the safety and convenience of the users of the premises shall be prohibited. All exterior lighting shall be shielded from the view of all surrounding streets and lots.
E.
Any such club shall be incorporated pursuant to the provisions of a membership corporation or unincorporated association approved by the Borough Council and catering exclusively to members and their guests.