Danville City Zoning Code
ARTICLE VI
Supplementary Regulations Governing Special Exceptions and Certain Other Uses
§ 260-27 Amusement uses.
A.
Amusement center, bowling alley, dance halls and similar places of amusement.
(1)
Such uses, except amusement parks, shall be conducted entirely within an enclosed structure.
(2)
Parking areas shall be screened from adjoining residential properties in accordance with § 260-25A hereof.
(3)
A principal structure shall be not less than 20 feet from any property line or such greater distance as may be otherwise required in the district where located or as set forth in § 260-21E hereof.
(4)
There shall be no offensive noise or vibration; such elements may be emitted only in accordance with the performance standards set forth in Article VII.
(5)
Applications for indoor theaters, bowling alleys, indoor ice- and roller-skating rinks, gymnasiums and indoor handball and tennis courts shall be accompanied by a site development plan.
(6)
The site development plan shall show building placement and dimensions, parking, landscaping, internal circulation and the size and location of signage.
(7)
The lot size shall be not less than two acres.
B.
Outdoor recreation facilities.
(1)
Such uses shall include golf courses, ice-skating rinks, swimming pools, tennis courts, amusement parks and other similar uses.
(2)
Unenclosed recreational facilities shall be located not less than 25 feet from any property line except where greater distances are otherwise required herein and shall be effectively screened from adjoining dwelling uses in accordance with the provisions of § 260-25B.
(3)
Illuminated signs and other lights shall be directed away or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.
(4)
No public address system is permitted except where such system will not be audible at any residential property line.
(5)
Private swimming pools more than 24 inches deep, permanent and portable, which shall be accessory to a principal noncommercial dwelling use shall be regulated as follows:
[Amended 7-10-2007 by Ord. No. 483]
(a)
May be erected only on the same zone lot as the principal structure.
(b)
May be erected only in the rear yard and shall be a distance of not less than 10 feet from the rear lot line nor less than three feet from any side yard.
(c)
The pool shall be solely used for the enjoyment of the occupants of the principal use of the property on which it is located, and their guests, and no fee shall be charged.
(d)
The swimming pool shall be so walled or fenced, as to prevent uncontrolled access by children from the street or from adjacent properties, in accordance with Pennsylvania's Uniform Construction Code.
(e)
The swimming pool's power supply shall be in compliance with Pennsylvania's Uniform Construction Code.
§ 260-28 Community facilities and services.
A.
Essential services, enclosed or permanent structures. Such uses are intended to include facilities for sewage treatment, electric substations, transformers, switches and auxiliary apparatus, as well as local governmental services such as police stations, firehouses and similar uses. Where such uses are proposed to be located in a Residential District, they shall be subject to the following regulations:
(1)
Such facility shall not be located on a residential street, unless no other site is available, and shall be so located as to draw a minimum of vehicular traffic to and through such streets.
(2)
The location, design and operation of such facility shall not adversely affect the character of the surrounding residential area.
(3)
Adequate fences, barriers and other safety devices shall be provided and shall be landscaped in accordance with the provisions of § 260-25A.
(4)
Noise emitted from electric substations shall not be greater than permitted in accordance with the performance standards set forth herein.
B.
Essential services, open. Such uses shall be limited to the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare. Such uses shall not include sanitary landfills and related uses such as staging areas or other means of solid waste disposal. Where applicable, the landscaping regulations of § 260-25B shall apply.
C.
Hospitals, churches or other religious or philanthropic institutions. All such uses shall be located on a public street which shall have a pavement width of not less than 38 feet, and they shall maintain a minimum ten-foot-wide landscaped strip in accordance with the provisions of § 260-25 on all property lines abutting R Districts and all residential streets. Such uses shall not be located or designed in such a manner as would be detrimental to the privacy, convenience and property values of nearby residential development.
D.
Child day-care center (including family day-care home and group day-care home). Such uses shall be situated on a zone lot of not less than 10,000 square feet, except where a greater area is otherwise required herein, and shall be screened in accordance with the provisions of § 260-25. Such uses shall provide evidence of all required state approvals.
E.
Public and parochial schools and colleges and private schools and colleges for academic instruction. In any R District, such uses, including play areas, shall be located not less than 100 feet from any lot line, except where greater distances are otherwise required herein. Schools will be located on or within close proximity to roads having a pavement width of not less than 38 feet.
F.
Community buildings, social halls, lodges, fraternal organizations, clubs and similar uses in R Districts.
(1)
All buildings must be a minimum of 20 feet from all lot lines, except where greater distances are otherwise required herein.
(2)
There shall be no external evidence of any gainful activity. Access to any space used for gainful activity shall be from within the building. Retail sales shall be limited to members and guests only.
(3)
Any such use shall be located on a street having a pavement width of at least 30 feet or shall be able to provide access without causing heavy traffic on local residential streets.
(4)
All applications for such uses in R Districts shall demonstrate to the satisfaction of the Zoning Hearing Board that the proposed use will serve primarily the residents of the surrounding neighborhood and that the use cannot satisfactorily be located elsewhere to serve said neighborhood.
§ 260-29 Residential and residential-related commercial uses.
A.
Two-family and multifamily dwellings, including dwelling groups.
(1)
All two-family, townhouse and other multifamily development sites, including dwelling groups, shall be provided with an existing or approved public and/or community-type water supply and sanitary sewer system, approved by appropriate local and state health authorities having jurisdiction. Excepted from this regulation is the development of a two-family dwelling on an individual zone lot.
(2)
Minimum lot area, coverage and yard requirements.
(a)
Two-family dwellings. The minimum lot area per dwelling unit shall be as specified in Article IV hereof for the zone district where situated, except that in zones designated R-1, the minimum lot area per dwelling unit shall be not less than 5,625 square feet. Minimum frontage, depth, yards and maximum coverage shall be as specified for the zone district where situated.[1]
(b)
Multifamily dwellings.
[1]
Minimum lot size. Garden apartment, townhouse or other multifamily developments shall not be erected on a zone lot of less than two acres. The minimum width of such a lot shall not be less than 150 feet at the front property line.
[2]
Maximum lot coverage. The land area covered by buildings, garages and other accessory structures shall not exceed an aggregate of 25% of the lot area; and maximum impervious coverage shall not exceed 40% of the lot area.
[3]
Yards. The following yard requirements shall not apply to townhouses or to two-family dwellings on individual lots.
[b]
Rear yard: no structure shall be located nearer to a rear property line than 50 feet.
[c]
Side yard: no structure shall be located nearer to a side property line than 30 feet.
[d]
A building wall exposing both windows and an entranceway shall be located not closer to another building than a distance equal to the height of the taller building of the two, but in no case less than 50 feet.
[4]
Distance between buildings. Where there is no property line separating the buildings, a building wall exposing only windows or only an entranceway shall be located no closer to another building than a distance equal to the height of the taller building of the two, but in no case less than 25 feet.
(c)
Dwelling groups.
[1]
Minimum lot size. Where a group of two or more single-family or two-family dwelling structures are located on a single zone lot, the minimum lot area per dwelling unit shall be as required for single-family and two-family dwelling structures in the district where they are located; provided, however, that the lot sizes may be reduced if replaced by equivalent adjacent areas of common open space.
[2]
Maximum lot coverage. The maximum coverage of land by buildings shall be as required for the district where located; provided, however, that where the lot size is reduced as provided herein the maximum lot coverage may be increased by the same percentage as the percentage of lot size reduction.
[3]
Yards.
[a]
Minimum yard requirements shall be as required for the district where located.
[b]
Where there is no property line separating two or more structures on a zone lot, the distance between such buildings shall be equal to the distance that would otherwise be required if the structures would be separated by a property line equidistant from the structures.
(3)
Maximum number of dwelling units. Garden apartments and townhouses shall not exceed eight dwelling units per structure.
(4)
Permanent open space. In addition to the yard, setback and off-street parking requirements of this chapter, there shall be provided a minimum of 10% of the gross area of the site to be permanently set aside for open recreation area, which shall be for the common use of the residents thereof.
(6)
Approval of site plan. The plans for any proposed two-family or multifamily development other than a two-family dwelling structure on a single lot shall require the approval of the Zoning Hearing Board as provided in § 260-56E(3) and the requirements of this section.[3]
B.
Transient dwellings, including motels, motor courts, motor hotels and similar uses.
(1)
Such uses shall have a minimum area for each unit of occupancy of 150 square feet and shall include a minimum of one bedroom and an enclosed bathroom containing a bathtub or shower, commode and lavatory and be supplied with hot and cold running water.
(2)
Illuminated signs and other lights shall be directed away from or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.
(3)
Such uses shall not be closer than 200 feet to an R District, shall be located on a public street having a pavement width of not less than 38 feet and shall provide ingress and egress so as to minimize traffic congestion.
(4)
Site development standards.
(a)
A site development plan shall accompany each application and shall show building placement, parking, vehicular safety control features, specific landscaping components and the size and location of signage.
(b)
Lot size shall be not less than two acres.
(c)
Lot width shall be not less than 250 feet.
(d)
Surface drainage shall be such that will not subject adjoining properties or streets to damage. A stormwater management plan and a soil erosion and sedimentation control plan shall be designed to control runoff for a ten-year storm and shall be in accordance with Act 167 of 1978.[4] Such plans shall be accompanied by evidence of approval by appropriate agencies and authorities.
[4]
Editor's Note: See 32 P.S. § 680.1 et seq.
(e)
An architectural rendering showing the appearance of the facade(s) of the structure(s) visible from the highway which it faces must be submitted along with the site development plan.
C.
Trailers. Trailers, other than recreation vehicles, which are not placed on a permanent foundation shall be permitted only in mobile (manufactured) home parks.
D.
Conversions, year-round dwellings. Conversion of a single-family residence to a two-family residence shall be permitted only in an R-2 or less restrictive district, provided that:
(1)
The minimum lot area per dwelling shall be as required for the zone district where the zone lot to be converted shall be located.
(2)
Where such conversion is undertaken there shall be provided on the same zone lot not fewer than two additional off-street parking spaces for each additional dwelling unit, in accordance with the provisions of § 260-32 hereof.
(4)
There shall be no structural alteration to the exterior so it would appear as other than a single-family structure.
E.
Conversion of nondwelling structures. Conforming nondwelling structures may be converted to other nondwelling structures which shall be of equal or greater restrictiveness than the use being converted. No nondwelling structure having plate glass windows shall, however, be converted to a residential use unless such windows are removed from the structure; and no such building which has already been converted shall be further converted to provide for additional dwelling units unless the plate glass windows are removed and the facade is renovated to reflect the residential use. Any such conversion shall conform with the off-street parking and loading requirements of § 260-32 hereof. The conversion of nonconforming nondwelling structures shall be in accordance with §§ 260-54 and 260-55 hereof.[6]
F.
Home occupations. The home occupation shall be operated in a dwelling unit and shall meet the following requirements:
[Amended 7-13-1999 by Ord. No. 403]
(1)
Where permitted. Within the dwelling unit and only by the person or persons maintaining said dwelling unit and not more than two additional nonresident persons shall be employed in the home occupation; provided, however, that the total number of persons employed in the home occupation shall not exceed four. Such restrictions on the number of employees shall apply to all home occupations, except as otherwise provided herein.
(2)
Evidence of use. The home occupation shall in no way cause the residential appearance or character of the premises to differ from the surrounding residential area. Home occupations shall not be conducted in such a manner as create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, dirt or other form of air pollution; electrical or other disturbance; glare; or other nuisance, condition or element in such amount as to adversely affect the surrounding area or premises (as referenced also in § 260-45, Nuisance elements). Notwithstanding any other signage regulation in this chapter, no more than one unanimated, nonilluminated sign having an area of not more than two square feet shall be permitted on each street front of the zone lot on which the building is situated.
(3)
Extent of use. Home occupations shall be conducted entirely within the residence. The home occupation cannot utilize more than 20% of the gross floor area of the dwelling unit, except that professional offices, licensed family day care, bed-and-breakfast facilities and room and boarding may utilize not more than 50% of the gross floor area of the dwelling unit.
(4)
Parking. Off-street parking shall be provided in accordance with § 139-32 hereof.
(5)
No outside storage of material, goods, supplies or equipment related to the operation of the home occupation shall be allowed.
(6)
Merchandise shall be limited only to products and crafts crafted or assembled on the premises or to incidental supplies necessary for the conduct of a home occupation. Items shall not be purchased off-site for resale at the premises.
(7)
To the extent that there is any sale of any item related to a home occupation, delivery of that item to the buyer should occur off the premises.
(8)
No more than one home occupation per residence shall be allowed, and it must be conducted by the occupant.
(9)
Home occupations that attract customers, clients or students to the premises shall not be allowed in multifamily dwelling units.
(10)
No commercial vehicle shall be used in connection with the home occupation for delivery of goods to or from the premises, nor parked on the property. This provision does not preclude the delivery of mail or packages by the postal service or by private or public shipping and courier services; provided, however, that such deliveries shall not exceed an average of one delivery per day.
(11)
Permitted uses. The following is a list of uses which may be conducted as a home occupation within the limits established in this section:
(a)
The offices of doctors or physicians, dentists, optometrists, ministers, architects, landscape architects, professional engineers, lawyers, artists, authors and such other similar professional occupations which may be so designated by the Zoning Hearing Board upon finding by the Board that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to a greater extent than for the professional activities listed herein. The issuance of a state or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.
(b)
Rooming and/or boarding of not more than two persons.
(c)
Dressmaker, seamstress, tailor.
(d)
Art, handicraft, music, writing, photography or similar studios.
(e)
Direct sale product distribution (Amway, Avon, Tupperware, etc.).
(f)
Home typing or computing services.
(g)
Hair cutting and styling with not more than one nonresident employee.
(h)
Mail-order sales.
(i)
Telephone sales and order taking.
(j)
Tutoring for not more than four students simultaneously, provided that the sound produced is not audible at any property line.
(k)
Licensed family day-care homes for not more than six nonresident children, subject to Pennsylvania Department of Public Welfare guidelines. No nonresident employees shall be permitted.
(l)
Bed-and-breakfast facilities. There shall be provided not less than one additional off-street parking space for each bed-and-breakfast family unit. Such use shall be subject to the provisions for special exceptions as set forth in § 260-48D and E(3).[7]
(m)
Antique repair and refinishing and television repair.
G.
Temporary tract office, tract sign, model home. Such temporary use is permitted in any district, shall be located on the property to which it is appurtenant and shall be limited to a six-month-period at the expiration of which time the applicant may request a further extension of time; otherwise, such temporary use shall be removed at the expense of the owner.
H.
Mobile (manufactured) home parks. Mobile (manufactured) homes shall be permitted only in mobile home parks which meet the requirements of this section.
(1)
No mobile home park shall have an area of less than five acres.
(2)
Each mobile (manufactured) home site or space within the park shall have a minimum area of 5,000 square feet; provided, further, that the minimum width of each site shall be not less than 50 feet.
(3)
No mobile (manufactured) home shall be located within 10 feet of its respective front, side and rear site lines; provided, further, that there shall be no less than a twenty-five-foot clearance between a mobile home and an accessory building, such as the park's office building, storage sheds, etc., within the park.
(4)
No mobile (manufactured) home shall be located closer to any property line of the park or any abutting public street than 30 feet or such greater distance as may be established by this chapter with respect to conventional buildings in the district where the mobile home park is located.
(5)
Not less than 10% of the gross area of the park shall be improved for the recreational use of the residents of the park.
(6)
All service and accessory buildings shall meet the requirements of this chapter and all other applicable codes and ordinances.
J.
Group housing for handicapped persons and personal care homes. Group housing for handicapped persons and personal care homes are permitted as a special exception use in all residential zones and shall comply with the following standards:
[Amended 12-9-2002 by Ord. No. 448]
(1)
It must include supervision by not less than one person.
(2)
It must be operated by a nonprofit charitable institution or by a governmental agency. It shall not be operated for profit.
(3)
It shall not be hazardous to the health, safety and welfare of the residential neighborhood where it is to be located.
(4)
Such uses shall not be a residence for transients. There shall be no fixed length of time for occupancy by the residents.
(5)
It must show evidence of such licensing as may be required by the Pennsylvania Department of Public Welfare.
§ 260-30 Commercial and manufacturing uses.
A.
Animal hospitals, kennels, pounds, veterinary clinics and similar uses. In any zone district where permitted, no such use shall be located closer than 100 feet to any R District, restaurant or hotel and shall show that adequate measures and controls shall be taken to prevent offensive noise and odor. No incineration shall be permitted on the premises.
[Amended 5-5-2009 by Ord. No. 496]
B.
Bakeries. Bakeries first permitted in any C-1 District shall be located no closer to an R District than 50 feet, and goods produced on the premises shall be sold only at retail on the premises.
C.
Retail uses in M Districts. Such uses, designated in Schedule III hereof,[1] shall be permitted only where the applicant proves that such use is or will be necessary to serve manufacturing uses and will not adversely affect the industrial development of adjoining land. Where such uses are permitted, the minimum lot size requirement shall be 10,000 square feet.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
D.
Manufacturing uses. Manufacturing uses in any M District, when abutting an R District, shall be screened from such district in accordance with the provisions of § 260-25 hereof.
E.
Retail sales for guests only. Where such uses are permitted, the following shall apply:
(1)
There shall be no external evidence of any gainful activity, however incidental, nor any access to any space used for gainful activity, other than from within the building.
(2)
There shall be no harm to adjoining existing or potential residential development due to excessive traffic generation or noise or other circumstances.
F.
Junkyards and similar storage areas, including automobile wrecking.
(1)
Such uses existing at said date of adoption may continue their operations as nonconforming uses, but shall terminate within one year unless they shall be completely enclosed by a solid fence, screen or wall of sufficient height so as to obscure all view of such use.
(2)
No operations shall be conducted which shall cause a general nuisance or endanger the public health of the surrounding neighborhood.
(3)
No highly inflammable or explosive material shall be stored in bulk above ground, with the exception of fuel tanks or drums which are directly connected with heating appliances. Inflammable and explosive material storage shall be in compliance with all applicable federal and state laws and regulations.
(4)
All materials or wastes causing fumes or dust, constituting a fire hazard or attractive to rodents or insects may be stored outdoors only in enclosed containers.
§ 260-31 Large-scale developments.
The purpose of this section shall be to permit large-scale development in such a manner as to provide for the flexibility of design and arrangement of structures which would achieve the objectives of this chapter but would not be bound by the standards established for individual lot-by-lot developments. Such developments shall, however, be subject to the broader standards set forth below. Large-scale developments, as defined herein, shall be permitted only as special exceptions in the districts where they are designated in Article IV hereof and shall be developed in accordance with the following requirements.
A.
Conformity with Comprehensive Plan. The proposed large-scale development shall conform to the municipality's Comprehensive Plan in terms of general location.
B.
Large-scale residential developments.[1]
(1)
Spacing and orientation of residential developments. Spacing between buildings and orientation in residential building groups shall be as follows:
(a)
In buildings containing multiple dwelling units, walls containing main window exposures or main entrances shall be so oriented as to ensure adequate light and air exposures.
(b)
Such buildings shall be so arranged as to avoid undue exposure to concentrated loading or parking facilities and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.
(2)
Vehicle and pedestrian circulation. Adequate provision for vehicle and pedestrian circulation shall be designed as follows:
(a)
Safe and convenient arrangement of walks, roadways, driveways and off-street parking and loading space.
(b)
Separation of general vehicle traffic from pedestrian walks and public transportation loading places.
(c)
A building group may not be so arranged that any temporary or permanently inhabited building is inaccessible by emergency vehicles.
(3)
Paving and drainage. The developer shall install throughout any proposed large-scale residential development hard-surfaced streets, which shall include curbs or gutters, catch basins and storm sewers.
(4)
Development standards.
(a)
Minimum lot area per dwelling unit.
[1]
Single-family detached. Although the average minimum lot area per dwelling unit shall not be less than the minimum area requirement for the district where the development is located, the size of each lot may be reduced, as needed, to not less than 2/3 of the minimum required in the R-1A District; provided, however, that for cluster developments, each lot may be reduced to 1/3 of the minimum lot area, but the average area per dwelling unit within each development section, including open space, shall not be less than the minimum otherwise required for the R-1A District.
[2]
Two-family dwellings and multifamily dwellings. The average minimum lot area per dwelling unit shall not be less than the minimum area required for each respective type of dwelling structure in the district where such principal permitted uses are first permitted. The dimensions of each individual lot may, however, be reduced by not more than 1/3 of the minimum requirement, provided that the average lot area per dwelling unit within each development district shall not be less than the area otherwise required.
(b)
Minimum lot size. There shall be no minimum lot size requirements for any housing types other than the average minimum lot area required for such dwellings as described in Subsection B(4)(a) hereof.
(c)
Minimum lot frontage. The minimum lot frontage requirement shall be as follows:
[1]
One-family and two-family dwellings, detached: 80 feet.
[2]
One-family and two-family dwellings, semidetached: 50 feet for each side.
[3]
One-family dwellings, attached (townhouses): 25 feet per dwelling unit plus an additional 25 feet at each end of all rows.
[4]
One-family cluster development: none.
[5]
Multifamily dwelling structures: none.
(d)
Minimum lot depth. No lot for any residential structure or group of residential structures shall have a lot depth of less than 100 feet.
(e)
Minimum front yards. The minimum front yard for all residential structures shall be 25 feet, except that garden apartments and other multifamily structures not including townhouses shall have a minimum front yard of not less than 50 feet; provided, however, that these minimum front yard requirements may be reduced by not more than 20% if the developer shall provide adequate justification acceptable to both the Planning Commission and the Zoning Hearing Board.
(f)
Minimum side yards and other distances between buildings. Minimum side yards for all single-family dwellings, including cluster developments, shall be as specified in Schedule I hereof for one-family dwellings in an R-1B District.[2] There shall be no side yard requirements for all other residential structures, except as follows:
[1]
Side yards adjoining public rights-of-way or other thoroughfares shall be not less than 50 feet, except where the front yard of such structure shall be reduced by up to 20% as specified in Subsection B(4)(e) hereof, then such side yard adjoining a thoroughfare may be reduced to the same depth as such front yard.
[2]
Editor's Note: Schedule I is included at the end of this chapter.
(g)
Maximum lot coverage. There shall be no maximum lot coverage limitation on a lot-by-lot basis; provided, however, that the overall coverage of land by buildings within any development section shall not exceed 25% of the net land area, excluding land used for rights-of-way and the maximum impervious coverage shall not exceed 50% of the net land area.
(5)
Supporting commercial facilities. Local retail and service commercial facilities, including those uses designated as principal permitted uses in a C-1 Commercial District, may be permitted in a large-scale residential development, provided that such commercial development, including required off-street parking, off-street loading and landscaping, shall not exceed 10% of the net land area of the large-scale residential development, provided that such uses shall not include automobile service stations, bars, cocktail lounges and similar uses; and provided, further, that the location of such commercial facilities shall be approved by the Planning Commission. Such permitted retail and service uses shall be designed to primarily serve the residents of the large-scale development of which they are a part.
(6)
Aesthetic considerations. Due to the potential impact of a large-scale development on the municipality as a whole and since the developer is provided the opportunity to modify otherwise minimum development standards, the Zoning Hearing Board may withhold the overall approval of such projects as well as the approval of reduced standards pending its review and approval of the proposed overall design, arrangement and layout of the buildings to be erected, including the exterior design of such buildings, to ensure that the architectural character of the large-scale development area will be compatible with that of the adjoining areas.
C.
Large-scale commercial and manufacturing development.
(1)
Spacing and orientation of commercial and manufacturing developments. Spacing between buildings and orientation in commercial and industrial building groups shall be as follows:
(2)
Planting and screening. In business building groups abutting or within 100 feet of residential districts, fences, walls or year-round screen planting shall be provided when necessary to shield adjacent residential districts from parking lot illumination, headlights, heat, blowing papers and dust and to reduce the visual encroachments of commercial architecture, signs and activity.
(3)
Justification for exception. Where such exceptions are requested, they shall be granted solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such developments as well as of neighboring properties than would be obtained under the standard requirements of this chapter.
(4)
Planned, integrated shopping centers and industrial parks shall be subject to the following requirements regardless of the applicant's request for consideration as a large-scale development:
(a)
A tract of not less than three acres is required.
[Amended 11-8-2011 by Ord. No. 507]
(b)
The minimum lot width shall be 300 feet, measured at the building setback line.
(c)
Only one ingress and one egress point is permitted onto a major highway.
(e)
Written confirmation shall be obtained from appropriate authorities and/or agencies that adequate sewage treatment and water facilities are available.
(f)
A site design plan showing building placement and vehicular safety control features, specific landscaping components and the size and location of signage shall be submitted with all applications.
(g)
An architectural rendering showing the appearance of the facade(s) of the structure(s) visible from the major highway shall be submitted along with the site plan.
§ 260-32 Automotive services; off-street parking and loading.
[Amended 9-9-1997 by Ord. No. 393; 12-9-2002 by Ord. No. 448; 7-11-2006 by Ord. No. 477; 11-8-2011 by Ord. No. 507; 6-10-2014 by Ord. No. 518]
A.
Off-street parking. Any off-street parking developed in the Borough of Danville shall be developed only in accordance with the provisions of this section. In all districts, except the C-2 District, in connection with every manufacturing, business, institutional, recreational, residential or any other use, there shall be provided at the time any building or structure is erected, enlarged, increased in capacity or changed in use off-street parking space for automobiles available to the occupants of such buildings or visitors thereto at no charge; provided, however, that for dwellings in the C-2 District, there shall be provided off-street parking for each dwelling unit in accordance with this section.
(1)
Size and access.
(a)
Each off-street parking space in a parking lot shall have an area of not less than 153 square feet, exclusive of access drives or aisles, and shall be of usable shape and condition; provided, however, that when a new parking lot is constructed for a supermarket, the size of each parking space in the supermarket shall be not less than 180 square feet. Except in the case of dwellings, no parking area shall contain fewer than three spaces.
(b)
There shall be adequate provisions for ingress and egress to all parking spaces. Access to off-street parking areas shall be limited to several well-defined locations, and in no case shall there be permitted unrestricted access along the length of the street or alley upon which the parking area abuts.
(c)
No off-street parking shall be located in the front yard of any residential lot, except in a driveway providing access to a garage or within a required side yard.
(d)
No point of ingress or egress shall be nearer, one to the other, than 300 feet, except where inadequate highway frontage precludes the feasibility of complying with this requirement.
(2)
Number of parking spaces required. The number of off-street parking spaces required shall be as set forth in Table I following, in accordance with the definition of "floor area" as set forth in Article II hereof; provided, further, that in any R District, on any lot having an area of one acre or less, private garage space may be provided for not more than four motor vehicles. Space for one additional motor vehicle may be provided for each 1/5 acre by which the area of the lot exceeds one acre; and in any R District, not more than one garage space provided on any lot shall be used for the housing of a commercial motor vehicle greater than 1/2 ton capacity. In any case of a building, structure or premises the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar, in the opinion of the Zoning Hearing Board, shall apply.
(3)
Off-site facilities. All permitted and required accessory off-street parking spaces, open or enclosed, shall be located on the same zone lot as the use to which such spaces are accessory, except that such spaces may be provided elsewhere but shall be provided within a radius of no greater distance than 250 feet from that zone lot; provided, however, that for spaces to serve residential dwellings in the C-2 District, such spaces shall be permitted to be located up to 500 feet from the property to be served; and provided, further, that required spaces are provided off the site in accordance with the provisions set forth herein, and that such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restrictions filed in an office of record, binding the owner and his heirs and/or assigns to maintain the required number of spaces available throughout the life of such use, and such spaces shall conform to all regulations of the district in which they are located; provided, however, that in lieu of evidence of ownership of the required off-site parking space in a C-2 District, there shall be provided annual proof of access thereto.
Table 1 | ||
|---|---|---|
Off-Street Parking | ||
Uses | Minimum Required Parking Spaces | |
1. | Churches and schools | 1 for each 3.5 seats in an auditorium or for each 17 classroom seats, whichever is greater |
2. | Business and professional offices and banks, except medical and dental offices | 1 for each 200 square feet of floor area |
3. | Community buildings and social halls | 1 for each 200 square feet of floor area |
4. | Country clubs, golf courses | 1 for each 200 square feet of floor area occupied by all principal and accessory structures, except those used for parking purposes** |
5. | Dwellings | 2 for each family or dwelling unit*** |
6. | Motels, hotels, rooming houses and dormitories | 1 for each 2 bedrooms |
7. | Apartments, townhouses and garden apartments* | 2 for each dwelling unit |
8. | Funeral homes and mortuaries | 10 for each parlor |
9. | Hospitals, nursing and convalescing homes, personal care homes | 1 for each bed, plus 1 for each employee |
10. | Manufacturing plants, research or testing laboratories and bottling plants | 1 for each 1,000 square feet of floor area, plus 1 for each 4 employees in the maximum working shift; the total parking area shall not be less than 25% of the building floor area |
11. | Medical or dental clinics or offices | 5 spaces for each doctor or dentist and 1 for each employee in the maximum working shift |
12. | Restaurants, beer parlors and nightclubs | 1 for each 2.5 seats |
13. | Retail stores, store groups, shops and personal services | In a C-1 Zone, 1 for each 300 square feet of floor area, when the floor area exceeds 1,000 square feet; in all other C Zones, where required, 3 for each 300 square feet of floor area |
14. | Wholesale establishments or warehouses | 1 for each 2 employees in the maximum working shift; the total parking area shall be not less than 25% of the building floor area |
15. | Outdoor recreational facilities | An adequate number of spaces so that all vehicles located at the facility can be accommodated in existing parking lots and not on the Borough's roads |
16. | Auctions, galleries | 5 for each 500 square feet of floor area |
17. | Bowling alleys | 5 for each lane |
18. | Movie theaters, auditoriums and sport stadiums | 1 for each 2.5 seats |
19. | Home occupations | In addition to spaces required for the dwelling, 1 for each nonresident employee; if there are no nonresident employees, 1 for each home occupation |
20. | Group housing | Not less than 1 space per bedroom unit, plus 1 per employee in the maximum working shift, but not less than a total of 3 spaces per unit |
NOTES: | |
* | Except elderly housing, where one parking space for each three dwelling units shall be provided. |
** | There shall be not less than 20 off-street parking spaces for each use. |
*** | Except in the C-2 District there shall be not less than 1 off-street parking space for any dwelling unit with not more than 1 bedroom. |
B.
Off-street loading. In any district, in connection with every building or building group or part thereof hereafter erected and having a gross floor area of 5,000 square feet or more which is to be occupied by manufacturing or commercial uses or distribution of material or merchandise by vehicles, there shall be provided and maintained, on the same zone lot with such building, off-street loading berths in accordance with the requirements of Table II following.
(1)
Size and location. Each loading space shall be of sufficient size to accommodate vehicles that are likely to utilize the berth, but not less than 10 feet in width, 30 feet in length and 14 feet in height, and may occupy all or any part of any required yard, except where located adjacent to any R District, where they shall be set back a minimum of six feet from any such property line.
Table II | |||
|---|---|---|---|
Off-Street Loading | |||
Uses | Square Feet of Floor Area | Required Off-Street Loading Berths | |
1. | Schools | 15,000 or more | 1 |
2. | Hospitals (in addition to space for ambulance) | From 10,000 to 30,000 | 1 |
For each additional 30,000 or major fraction thereof | 1 additional | ||
3. | Undertakers and funeral homes | 5,000 | 1 |
For each additional 5,000 or major fraction thereof | 1 additional | ||
4. | Hotels and offices | 10,000 or more | 1 |
5. | Retail, commercial, wholesale, manufacturing, storage and miscellaneous | From 10,000 to 25,000 | 1 |
From 25,000 to 40,000 | 2 | ||
From 40,000 to 60,000 | 3 | ||
From 60,000 to 100,000 | 4 | ||
For each additional 50,000 or major fraction thereof | 1 additional | ||
C.
Joint facilities for parking or loading. Off-street parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use, and provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to. Further, no accessory space or portion thereof shall serve as a required space for more than one use unless otherwise approved by the Zoning Hearing Board in accordance with the purposes and procedures set forth herein.
D.
Development and maintenance of parking and loading areas. Every parcel of land hereafter used as a public or private parking area or loading area, including a commercial parking lot, shall be developed and maintained in accordance with the applicable sections of Chapter 216 Streets, Sidewalks and Driveways, Article V, Off-Street Parking and Driveways, and the following requirements:
(1)
Screening and landscaping. Off-street parking areas for more than five vehicles and off-street loading areas shall be effectively screened on each side which adjoins or faces premises situated in any R District or institutional premises by a solid fence or hedge. Such fence or hedge shall be not less than four feet nor more than six feet in height and shall be maintained in good condition without any advertising thereon. Any space between such fence or hedge and the side lot line adjoining premises or the front lot line facing premises in any R District shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition. The landscaping of parking lots shall conform with the requirements of § 260-25C.
(2)
Minimum distances and setbacks. No off-street parking or loading area or part thereof for more than five vehicles shall be closer than 10 feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot. If not in an R District but adjoining such district, the parking area shall be set back not less than five feet from the established street right-of-way line within 50 feet of any R District.
(3)
Surfacing. Any off-street parking or loading area shall be surfaced with asphalt, concrete, brick, cement pavers or similar durable and dustless material. Dustless material shall not include loose stone of any size. All off-street parking areas shall be so graded and drained as to dispose of all surface water accumulated within the area and shall be so arranged and marked as to provide for the orderly and safe loading, parking and storage of self-propelled vehicles.
(a)
Exception: Residential driveway/parking of 450 square feet or less, constructed in a rear or side yard and accessed from a Borough alley.
(4)
Lighting. Any lighting used to illuminate any off-street parking or loading areas shall be so arranged as to reflect the light away from the adjoining premises in any R District.
E.
Automobile service stations and parking lots.
(1)
Location of establishments and access thereto. Vehicular service stations, commercial parking lots for five or more motor vehicles, automobile repair shops or any vehicular access thereto are regulated as follows:
(a)
A site development plan shall accompany all applications and shall show building and fuel pump placement and dimensions, parking, landscaping, internal circulation and the size and location of signage.
(b)
All vehicular servicing activities except for those normally performed at fuel pumps shall be performed within completely enclosed buildings.
(c)
Minimum setbacks of fuel pumps shall be 20 feet from the front yard setback line.
(d)
Fuel pumps shall not interfere with parking spaces or internal circulation and shall be located at least 30 feet from all parking areas.
(e)
A minimum width of 250 feet at the building setback line is required.
(f)
Automobile service stations and parking lots shall not be located within 100 feet of any boundary line of any R District; provided, however, that where the rear lot line of the property shall be less than 100 feet distant from an R District, there shall be established along such rear lot line a buffer zone which shall be landscaped in accordance with the provisions of § 260-25 hereof, and no part of any parking space shall be less than 20 feet from any residential property line.
(g)
Automobile service stations and parking lots shall not be located within 100 feet of property dedicated to or intended for schools, playgrounds, churches, hospitals, public libraries and institutions for dependents or for children, when located along the same street or road and in the same block as said properties.
(h)
Vehicular access to the above automotive uses shall be well-defined driveways and shall not be closer to the intersection of any two street right-of-way lines than 50 feet.
F.
Truck and truck trailer parking in residential districts. No truck trailers, trucks over four tons or vehicles used for the collection of solid waste may be parked overnight on residential zone lots.
G.
Drive-in eating and drinking places. Such businesses where persons are served in automobiles shall be not closer than 100 feet to an R District and shall be located on a major public street and shall provide ingress and egress so as to minimize traffic congestion and shall comply with the following:
(1)
A minimum of eight on-site vehicular waiting spaces are required for occupied vehicles waiting for window service.
(2)
The above spaces shall not interfere with parking spaces intended for non-drive-through customers, internal circulation or pedestrian safety.
(3)
A site development plan shall be submitted showing building placement and dimensions, vehicular and pedestrian access, internal circulation, landscaping and size and location of signage.
H.
Other drive-in business. For banks, financial institutions and any other business uses with drive-through service, applications shall be accompanied by a site development plan showing building placement and dimensions, the location of all drive-through facilities, parking, internal circulation and the location and size of signage.
§ 260-33 Transient retail businesses.
[Added 11-8-2011 by Ord. No. 507]
A.
Permit required. Every person, firm or corporation, whether principal or agent, entering into, beginning or desiring to begin a transient retail business in the Borough of Danville for the sale of any goods, wares or merchandise whatsoever, and who hires, leases, occupies or uses any room, apartment, store, shop, building, railway car or other place or structure for the exhibition and sale of such goods, wares or merchandise, for a period six months or less, shall, before starting such sale, obtain a zoning permit for a transient retail business. Permits for transient retail businesses shall be valid for a period of 14 days. Applications shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved. No permit shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare. Each permit shall include the right to use only one vehicle to conduct the business for which the permit is issued. All business shall be conducted within a zone where transient retail businesses are permitted.
(1)
Exception: Any transient business operating under the authority of the Downtown Business Alliance or the Iron Heritage Festival and their respective events.
B.
Standards of conduct for licensees. A licensed transient merchant shall:
(1)
Not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale, or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
(2)
Not blow a horn, ring a bell or use any other noisy device to attract public attention to his wares.
(3)
Not stand or permit the vehicle used by him to stand in one place in any public place or street for more than 10 minutes, or in front of any premises for any time if the owner of or lessee of the ground floor thereof objects.
(4)
Not create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
(5)
Provide a written receipt for any advanced payment or deposit of money prior to final delivery.
§ 260-34 General services.
A.
Cemetery, mausoleum. Any of these uses shall provide an entrance on a street or road which shall have a pavement width of not less than 20 feet, with ingress and egress so designed as to minimize traffic congestion, and shall provide a fence a minimum of six feet high or evergreen or evergreen-type hedges or shrubs at intervals of not more than six feet or shall provide a minimum of 20 feet of permanently maintained planting strip on all property lines abutting any R District or residential street.
B.
Undertakers and funeral parlors.
(1)
Undertaking and funeral parlor establishments may be permitted as a special exception in those zone districts where they are enumerated in Article IV hereof, provided that the outward appearance of the building does not detract from the residential area where it may be proposed; and it is to be located on a street where the collection and movement of vehicles participating in a funeral procession will not adversely affect the major or secondary vehicular circulation pattern of the community.
(2)
Applications for such uses shall be accompanied by maps showing the proposed routing of funeral processions.
§ 260-35 Heliports.
Heliports may be permitted, including the construction of runways and landing pads, provided that plans for such construction shall be approved by the Federal Aviation Administration and that such construction will not interfere with the comprehensive plan for the area which may be affected by it, nor create any hazards or inconvenience in presently developed areas. Except in the event of an emergency, helicopter landings shall be permitted only at approved heliports.
§ 260-36 Outdoor storage areas.
Such uses shall not abut existing residential development, a residential street or any R District, and the operation thereof shall be governed by the following provisions and any other conditions as may be required by the Zoning Hearing Board to protect the public health, safety, comfort, convenience and general welfare and especially with regard to abutting properties and the occupants thereof.
A.
Inflammables and explosives. No highly inflammable or explosive liquids, solids or gases shall be stored in bulk above ground, except as permitted by state and federal regulations. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
B.
Fencing and setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property. Such walls and fences shall be distant not less than 20 feet from all property lines which abut an R District or existing residential development, but in any other case shall be distant not less than 10 feet from any property line and shall be distant not less than 25 feet from any public street.
C.
Deposit of wastes. No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.
D.
Other hazardous materials. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
§ 260-37 Telecommunications facilities.
[Added 12-9-2002 by Ord. No. 448]
A.
Conditions that apply to the location of all telecommunications towers and telecommunications facility buildings.
(1)
All applications for the location of the telecommunications towers and telecommunications facility buildings are subject to the requirements of Chapter 220, Subdivision and Land Development, and are subject to the site plan review by the Planning Commission and approval by the Borough Council.
(2)
The telecommunications tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-E manual, as amended.
(3)
A soil report complying with the standards of Appendix I, Geotechnical Investigations, ANSI/EIA-222-E manual, as amended, shall be submitted to the Borough to document and verify design specifications of the foundation for the telecommunications tower, and anchors for the guy wires if used.
(4)
Telecommunications towers shall be designed to withstand wind gusts of at least 100 miles per hour.
(5)
A telecommunications tower may not be located on a lot that is listed on a historic register or in an officially designated state or federal historic district.
(6)
The applicant for the placement of a telecommunications tower shall be required to submit to the Borough evidence of the need for the telecommunications tower and that the applicant has exhausted all alternatives to constructing a telecommunications tower. Applicants are required to prove need by:
(a)
Demonstrating via written evidence that, in terms of location and construction, there are no existing towers, telecommunications towers, buildings, structures, elevated tanks or similar uses able to provide the platform for the telecommunications antenna; and
(b)
Providing evidence, including coverage diagrams and technical reports, demonstrating that co-location on existing telecommunications towers is not technically possible in order to serve the desired need. Co-location is not possible if:
[1]
Planned equipment would exceed the structural capacity of existing telecommunications towers within the Borough, considering existing and planned use of those telecommunications towers, and existing telecommunications towers cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost;
[2]
Planned equipment will cause radio frequency (RF) interference with other existing or planned equipment for the telecommunications tower, and the interference cannot be prevented at a reasonable cost;
[3]
Existing or approved telecommunications towers do not have the space on which planned equipment can be placed so it can function effectively and at least in parity with other similar equipment in place or planned; or
[4]
Other reasons make it impractical to place the equipment planned by the applicant on existing and approved telecommunications towers.
(7)
Telecommunications towers shall not be closer than 500 feet to another telecommunications tower, such distance being measured as a horizontal from tower to tower.
(8)
Telecommunications towers shall be subject to a minimum setback from all overhead electric transmissions lines of a distance equal in the height of the tower.
(9)
The applicant shall present documentation that the telecommunications tower is designed in accordance with all applicable state and federal regulations. Except as required by the Federal Aviation Administration, or other federal or state agencies, no telecommunications tower may use artificial lighting or strobe lighting at night.
(10)
An applicant for a zoning permit for a telecommunications tower shall:
(a)
Execute an agreement with the Borough, in a form legally acceptable to the Borough, requiring the removal of the tower within one year after the tower ceases to function as such, including the posting of appropriate security adequate to remove the subject tower;
(b)
Agree to erect a tower with sufficient capacity to accommodate not less than two antennas in addition to their own;
(c)
Agree to rent or sell such additional capacity to accommodate not less than two antennas in addition to their own;
(d)
Agree to submit to binding arbitration, in accordance with procedures to be established by the Danville Borough Council, and agree to share the cost of such arbitration equally with the other parties desiring space on the subject tower in the event that the developer and the other parties do not reach an acceptable settlement within 30 days of notification to the Borough; and the tower developer shall be responsible for prompt reporting of an offer within five days thereof.
(11)
Except when located on the roof of a building, a security fence, of approved design, of not less than eight feet, and no greater than 10 feet, shall completely enclose the telecommunications tower. A fence of not less than eight feet and no greater than 10 feet shall also completely enclose the anchored locations of guy wires, if used. This fencing shall be designed to be compatible with surrounding land uses.
(12)
Except when located on the roof of a building, the applicant shall submit a landscaping plan. Sites in which telecommunications towers are located shall be required to comply with the following landscaping requirements:
(a)
Landscaping and planting of an approved design shall be provided for a depth of 10 feet along all public rights-of-way abutting the lot where the telecommunications tower is located. This requirement may be waived by the Zoning Hearing Board, provided rights-of-way abutting the lot.
(b)
Landscaping, consisting of trees and shrubs, shall be required at the perimeter of the security fences and the telecommunications facility building. Evergreen trees of 10 feet height at planting, and growth of a minimum of 50 feet at maturity, shall be planted a maximum of 15 feet from each other around the perimeter of the security fence. Areas between the trees shall be interspersed with approved shrubbery planting of a height of not less than five feet.
(c)
Landscaping, consisting of approved evergreen trees of 10 feet height of planting, at a maximum of 15 feet from each other shall be required along all property lines abutting an existing residence, school, park, or church. This requirement may be waived by the Zoning Hearing Board, provided the abutting property owner(s) submit in writing to the Borough that they are waiving their right to this landscaping, or the Zoning Hearing Board may waive this requirement if there is existing acceptable vegetation along the property lines.
(14)
Telecommunications towers shall be fully automated and unattended on a daily basis. The site shall be visited only for periodic maintenance.
(15)
Telecommunications facility buildings shall be identified as accessory buildings, and the applicable regulations for the host zoning district shall apply.
(16)
Guy wires, if utilized, must be anchored no closer than 25 feet from any property line. Guy wires shall not cross or encroach any overhead telephone or electric power lines.
(17)
Tower height shall be measured from the top of the foundation to the top point of the tower or the top point of the telecommunications antenna, whichever is higher.
(18)
Internal access to the telecommunications tower shall be provided by a minimum twelve-foot width cartway with a durable and dustless surface, such as concrete or a bituminous concrete surface for a minimum of 50 feet from any public or private street. The length of the cartway beyond this 50 feet shall, at a minimum, be surfaced with a durable and dustless gravel surface. The vehicular access to the telecommunications tower and telecommunications facility building shall, whenever feasible, be provided along existing circulation driveways.
(19)
Setbacks. Telecommunications towers shall be required to be set back from adjacent property lines a minimum of 1.5 times the height of the telecommunications tower. Such distance shall be measured in a straight line from the telecommunications tower to the property line. This setback requirement abuts the property in which the telecommunications tower is located. In that situation, the largest setback requirement shall apply.
(20)
A telecommunications tower shall be no higher than 175 feet.
(21)
There shall be no more than one telecommunications tower on one lot.
B.
Conditions on the location and placement of telecommunications antennas. Telecommunications antennas may be attached to any nonresidential building or structure that is a permitted use in the district, including but not limited to a church, a municipal or governmental building or facility, a building owned by a utility, or a telecommunications tower. Subdivision and land development review is not required by the Planning Commission or the governing body for the location of telecommunications antennas on a building. The following conditions shall be met:
(1)
No more than one telecommunications antenna may be attached to any nonresidential building as permitted use. A permit for one telecommunications antenna on one building may be issued by the Zoning Officer after a review of the requirements stated in this section.
(2)
The location of two or more telecommunications antennas on any nonresidential building shall be considered as a special exception. There shall be a minimum distance equal to the height of the telecommunications antennas.
(3)
The location of one or more telecommunications antennas on any nonoccupied structure, such as a telecommunications tower, a water tank, or an observation tower shall be considered as a principal permitted use. Permit(s) for telecommunications antenna on nonoccupied structures may be issued by the Zoning Officer after a review of the requirements stated in this section. Subdivision and land development review is not required by the Planning Commission or the Borough Council for the location of telecommunications antenna on a nonoccupied structure.
(4)
Height limits for telecommunications antennas: not to exceed 20 feet above the structure or building on which it is located.
(5)
The top point height of any telecommunications antennas located on a telecommunications tower shall not exceed the height requirements for telecommunications towers stated in this chapter.
(6)
Setback. Telecommunications antennas located on buildings and structures shall be required to be set back from all property lines a minimum of the front yard setback requirement of the host district plus the height of the telecommunications antenna.
C.
Telecommunications tower and telecommunications antennas that are related to the operations of a principal use on the same lot. The following regulations shall apply to telecommunications towers and telecommunications antennas that are related to the operations of a principal use in any zoning district:
(1)
No subdivision of land shall be required for the placement of a telecommunications tower on any lot where the use of that telecommunications tower relates to the operations of a principal use on that lot.
(2)
Telecommunications antennas located on any building or structure where the use of that telecommunications antenna relates to the operations of a principal use on that building or structure shall be considered as principal permitted uses in all zoning districts where they are authorized, and shall not require site plan and land development approval from the governing body.
D.
Exclusion of residential television and radio antennas from height regulations. The height regulations prescribed herein shall not apply to residential TV and radio antennas.
§ 260-38 Television satellite dish antennas and other antennas.
A.
Purpose. The following regulations governing antennas are designed to protect the aesthetic environment of the vicinity where they are to be located as well as to protect the public health, safety and welfare. The provisions of this section shall not apply to a television satellite dish antennas and other antennas having a diameter of 36 inches or less.
C.
Allowed locations. In C Districts and M Districts, they shall be allowed anywhere on the site or on the building. In R Districts, they shall be limited to the rear yard. If the applicant adequately documents that reception is unfeasible in the rear yard, they may be located in any side yard. If, however, reception is infeasible in either of these areas, they may be located in the front yard or on the roof of the building to which they are appurtenant. If they are to be located in the front yard or on the roof of the building, a special satellite reception permit shall be required as specified in Subsection B hereof.
D.
Size and height. In C Districts and M Districts, there shall be no restrictions regarding their size or height. In all R Districts, however, except as otherwise provided herein, they shall not exceed a diameter of 12 feet or a height of 20 feet. However, where such height and/or size restrictions preclude the feasibility of reception, these dimensions may be exceeded, but a special satellite reception permit shall be required.
E.
Additional requirements.
(1)
Except in a C District or M District, satellite television antennas shall be located and designed (to the extent reasonably feasible) to reduce visual impact on surrounding properties.
(2)
Antennas shall meet all manufacturers' specifications, be of noncombustible and corrosive-resistant material and be erected in a secure, wind-resistant manner.
(3)
Every antenna must be adequately grounded for protection against a direct strike of lightning.
(4)
Every antenna shall be effectively screened from the adjoining premises and/or public right-of-way.
[Added 12-9-2002 by Ord. No. 448]
F.
Radio and television towers, masts and aerials. Such uses shall be subject to all applicable criteria for the approval of special exceptions and all applicable regulations of the Federal Communications Commission (FCC) and other applicable federal and state regulating bodies as evidenced by their approval of all plans thereof.
[Amended 12-9-2002 by Ord. No. 448]
§ 260-39 Signs.
A.
Purpose. The sign regulations, controls and provisions set forth herein are made in accordance with an overall plan and program for public safety, economic and community development and the general welfare of the Borough. It shall be the purpose of these sign regulations to control and promote the erection of signs which preserve the wholesome and attractive character of the Borough; to preserve and protect property values; to preserve the architectural character and environmental context of the historic district; to avoid the uncontrolled proliferation of signs; to encourage and support business activity through reasonable standards for advertising signs; and to avoid undue concentrations of signs which distract and endanger traffic safety.
B.
Signs permitted in all districts. Signs listed in this section are permitted in all districts and shall not require permits; except as otherwise provided herein, they shall not be counted when calculating the number of signs on a premises. Such signs shall conform with the general regulations and design standards for the types of signs provided for and required by the provisions hereof.
(1)
Banners, pennants and flags. Decorative banners or pennants or flags bearing the insignia of any government, religious, charitable or fraternal organization maintained in a serviceable condition and limited to a maximum area of 24 square feet.
(2)
Construction project signs. Signs not to exceed 16 square feet in residential districts and 24 square feet in commercial and industrial districts. Such signs shall be maintained on the building or site only for the actual period of construction and shall be removed within 15 days following the completion of construction.
(3)
Decal signs. Decals affixed to the windows or door glass panes which indicate membership in a business group or which denote credit cards accepted by the establishment.
(4)
Display signs. Interior window signs which are attached or related to displays which inform, entertain, promote, endorse or sponsor. Such signs shall be limited to a maximum area of 10 square feet per display.
(5)
Historical markers. Plaques or signs which document historical events or the historical significance of persons or buildings.
(6)
Identification signs for places of worship. Signs identifying places of worship, when located on the premises thereof, and not more than 24 square feet in sign area.
(7)
Memorial signs or tablets. Signs or tablets which honor the memory of persons and events.
(8)
Municipal signs. Signs erected by the Borough Council or under the direction of the Council and bearing no commercial advertising, e.g., traffic signs, railroad crossing signs, safety signs, signs identifying public schools and playgrounds, etc.
(9)
Name and address of resident. Name and address of resident, business or building, but not to include any commercial advertising, and not more than two square feet in sign area.
(10)
No trespassing signs. "No trespassing" signs or other such signs regulating the use of a property, of no more than two square feet in sign area in residential districts and five square feet in all commercial and manufacturing districts.
(11)
On-premises signs for professional occupations. On-premises signs identifying professional and home occupation uses as defined in § 260-29 hereof, including names and credentials. Such signs shall be limited to two square feet and shall contain no commercial advertising.
(12)
On-premises information signs. Signs regulating on-premises traffic, parking or other functional information, e.g., "lubrication," "sales department," etc., when less than four square feet in area and bearing no commercial advertising. Internal illumination of such signs shall not be permitted.
(13)
Political signs. Signs which are designed to influence the vote of the electorate. Such signs shall be stationary, temporary and unlighted except where otherwise permitted.
(14)
Real estate management signs. Such signs may include the name, address and telephone number of a real estate management company but shall not include an emblem, logo or any commercial advertising; they shall be not more than 24 square inches in sign area, and there shall be not more than one such sign per building entrance.
(15)
Real estate signs. Signs not to exceed five square feet in residential districts and 25 square feet in commercial and manufacturing districts, which advertise the sale, rental or lease of the premises upon which they are located. Such signs shall be maintained in a serviceable condition and shall be removed within 10 days after the premises advertised has been sold, rented or leased.
(16)
Signs (and banners), temporary advertising community activities, special events of charitable or public service groups. Such signs shall be limited to a maximum area of 75 square feet. Such signs shall not be erected earlier than 15 days prior to the advertised event or activity and shall be removed within 48 hours following the event or activity.
[Amended 5-10-2011 by Ord. No. 506]
C.
Signs prohibited in all districts. Signs listed in this section are prohibited in all districts:
(1)
Any sign which flashes, rotates or moves that is visible from a public street.
(2)
Any sign which, by reason of its size, location, content, coloring or manner of illumination, constitutes a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers or detracting from the visibility of any traffic sign or control device on public streets and roads.
(3)
Any sign which obstructs free ingress to or egress from a public right-of-way or required door, window, fire escape or other required exitway or which obstructs a window, door or other opening for providing light or air or which interferes with the proper function of the building.
(4)
Any sign or sign structure which is structurally unsafe; constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or abandonment; is not kept in good repair; or is capable of causing electrical shocks to persons likely to come in contact with it.
(5)
Signs which make use of words such as STOP, LOOK, DANGER, etc., or any phrases, symbols or characters which interfere with, obstruct, mislead or confuse traffic.
(6)
Flashing, blinking or pulsating string lights used in connection with commercial premises for commercial purposes, except temporary holiday decorations.
(7)
Searchlights, advertising pennants, spinners and streamers, except for use as a temporary .
(8)
Signs which are affixed to a roof, highway right-of-way fence, utility pole or utility structure or tree, shrub, rock or other natural objects.
(9)
Off-premises advertising signs other than community directory signs, except off-premises advertising signs which are permitted in the C-3 District.
D.
Sign restrictions in all districts.
(1)
General requirements. All signs shall conform to the general regulations and design standards for the types of signs provided for and required by this chapter. No signs except portable sidewalk signs shall be located in or upon a public right-of-way.
(2)
Limit on number of signs. Except as otherwise provided herein, there shall be no limit on the total number of signs permitted on a premises, provided that the maximum sign area for the building does not exceed the limits established in Subsection E(4)(d).
(3)
Limit on height of signs. No sign or any part thereof, including braces, supports or lights, shall exceed a height of 20 feet. Height shall be measured from grade level directly below the face of the sign to the highest part of the sign.
(4)
Limit on sign area. The maximum sign area permitted for buildings within all commercial districts, regardless of the number of premises contained therein, shall not exceed 1 1/2 square feet per linear foot of building face parallel to or substantially parallel to a public right-of-way. If a building fronts on two or more streets, the maximum sign area for each street frontage shall be computed separately. A lot without a building situated thereon shall be entitled to a maximum sign area of 24 square feet.
(5)
Limit on content of signs. Trademarks that are registered for a specific commodity may occupy no more than 10% of the maximum sign area for a building, unless the commodity is the principal product sold or manufactured on the premises, except for off-premises signs, which shall be regulated by the standards for off-premises advertising signs.
(6)
Safety and maintenance. Every sign and all parts thereof shall be maintained in a secure and safe condition. If, in the opinion of the Zoning Officer, a sign is not secure, safe and in good state of repair or otherwise not in compliance with this section, the Zoning Officer shall give written notice of this fact to the owner or lessor in accordance with the procedures set forth in § 260-63 hereof.
E.
Sign design standards. In addition to the general provisions of this section, the following regulations shall apply to each sign specified herein.
(1)
(3)
Banner sign.
(a)
A banner sign may overhang a public right-of-way, provided that the sign is firmly attached to a supporting structure.
(b)
Any organization or individual erecting a banner sign over a public right-of-way shall first secure the written approval of the affected property owners and the Borough Police Department.
(c)
Any organization or individual erecting a banner sign over a public right-of-way shall agree, in writing, to assume all liability for any damages resulting from the placement and use of the sign. Additionally, a hold harmless agreement, as provided by the Borough, shall be executed and filed with the Borough prior to erecting any banner sign over a public right-of-way.
(4)
Community directory sign.
(a)
The community directory sign, excluding any frame or enclosing structure, shall not exceed 15 square feet in area.
(b)
The community directory sign shall not exhibit commercial advertising. Church and civic organization sponsored directory signs shall not be considered commercial advertising.
(c)
Only one community directory sign shall be allowed for each street frontage of a premises.
(5)
Construction project sign.
(a)
Only one construction project sign shall be allowed for each construction site.
(b)
The construction project sign shall not exceed 12 square feet in area.
(c)
The construction project sign shall be maintained on the building or site only for the actual period of construction and shall be removed within 15 days following the completion of construction.
(6)
Directional sign.
(a)
A single directional sign may be erected along roadways to direct vehicles or pedestrians to premises not located on such roadways, but the access to which is from such roadways.
(b)
Directional signs shall be freestanding signs with a maximum area of three square feet on a single face or six square feet on a double-faced sign.
(c)
The content of directional signs shall be limited to the name of the establishment and direction and distance information.
(d)
The longest dimension of a directional sign shall not exceed 1 1/2 times its shortest dimension and shall exhibit a light background with contrasting dark border and letters.
(e)
The maximum height of any directional sign shall not exceed a height of nine feet above grade level.
(7)
Freestanding sign (C-3 District).
(a)
The freestanding sign shall have no more than two faces.
(b)
Each sign face shall not exceed 24 square feet.
(c)
The top of the freestanding sign shall not exceed a height of 18 feet above grade level.
(d)
A premises may erect and maintain one freestanding sign per lot except as otherwise permitted in this section. However, no individual business or other individual enterprise within a shopping plaza may erect or maintain a freestanding sign.
(e)
One freestanding sign may be permitted for and toward each public right-of-way for a corner lot or lot having public entrance to two or more public rights-of-way.
(f)
A lot with a frontage of 300 feet or more on a public right-of-way may have a total of two freestanding signs; provided, however, that such signs shall not be closer, one to the other, than 150 feet.
(8)
Freestanding sign (C-1, C-2, R-3, P-1 Districts).
(a)
The freestanding sign shall have no more than two faces.
(b)
Each sign face shall not exceed nine square feet.
(c)
The longest dimension of the freestanding sign shall not exceed 1 1/2 times its shortest dimension.
(d)
The top of the freestanding sign shall not exceed a height of nine feet above grade level.
(9)
Illuminated sign.
(a)
Internally and externally illuminated wall and window signs shall be permitted in the C-1, C-2 and C-3 Districts.
(b)
Internally illuminated wall and window signs in the C-1 and C-2 Districts shall be limited to a maximum top to bottom height of 24 inches.
(d)
All exterior illuminated signs shall have concealed connecting wires.
(10)
Individual letters or symbol sign.
(a)
Sign area shall be computed by measuring the area of the smallest rectangle or other geometric shape which encompasses all of the individual letters or symbols.
(b)
Individual letters or symbols shall not project more than nine inches from the building surface at the point of attachment.
(c)
Individual letters and symbols shall not extend above the building facade or roof cornice or project beyond the ends of the wall to which they are attached.
(11)
Marquee sign.
(a)
The marquee sign may be painted on or attached flat against the surface of the marquee, but shall not project beyond the marquee or be attached to its underside.
(b)
Letters or symbols on the marquee sign shall not exceed 12 inches in height.
(c)
The bottom of the marquee sign shall have a minimum clearance of 10 feet above the sidewalk.
(13)
Political sign.
(a)
Political signs are permitted in all districts if stationary and in compliance with the regulations for the illumination of signs.
(b)
Political signs shall be removed within 15 days following a primary or general election.
(c)
Political signs shall not be attached to utility poles, highway right-of-way fences or trees within the public right-of-way.
(14)
Portable sidewalk sign.
(a)
Portable sidewalk signs shall be erected or displayed only during the course of normal daylight business hours. No such sign shall be illuminated, erected or displayed after sunset or during hours when the business or businesses are closed.
(b)
Portable sidewalk signs shall not impede pedestrian traffic or obstruct the vision of motorists.
(c)
The dimensions of such signs shall not exceed 24 inches wide by 42 inches high when measured perpendicular to the sidewalk.
(d)
Only one such sign shall be permitted per storefront. Where more than one business occupies a building, the portable sign may be shared.
(e)
Merchants using portable sidewalk signs within the public right-of-way shall provide the Borough Zoning Officer with a certificate of liability insurance for a minimum of $500,000. Additionally, a hold harmless agreement, as provided by the Borough, shall be executed and filed with the Borough prior to issuance of a sign permit.
(15)
Professional occupation sign.
(a)
The professional occupation sign shall denote only the name, office hours, symbol, credentials and/or profession of the occupant.
(b)
The professional occupation sign shall not exceed three square feet.
(c)
The longest dimension of the professional occupation sign shall not exceed 1 1/2 times its shortest dimension.
(d)
The professional occupation sign may be attached to the building or affixed to a freestanding post. Post-mounted signs shall not exceed nine feet in height above grade level.
(16)
Projecting sign.
(a)
Each face of a two-sided projecting sign shall not exceed nine square feet.
(b)
The area of a three-dimensional object or symbol sign shall not exceed nine square feet. The area shall be computed by enclosing the largest cross section of the sign in a geometric shape, e.g., rectangle, square, circle, triangle or parallelogram, and calculating the area of the enclosed shape.
(c)
Projecting signs may be internally or externally illuminated.
(d)
No form of illumination that is flashing, moving, animated or intermittent shall be permitted.
(e)
All exterior illuminated signs shall have concealed connecting wires.
(g)
The largest dimension of the projecting sign shall not exceed 1 1/2 times its shortest dimension.
(h)
The largest vertical dimension of the projecting sign shall not exceed three feet.
(i)
The horizontal projection of the projecting sign shall not exceed 42 inches from the building face.
(j)
The projecting sign shall be mounted at a right angle to the building face or may be mounted diagonally to the right angle corner of the building.
(k)
The projecting sign shall be hung so as to maintain a minimum clearance of eight feet between any sidewalk and the bottom of the sign.
(l)
There shall be no more than one projecting sign for any premises unless the premises is located on a corner lot or has public entrances on two or more public ways, in which case one projecting sign may be erected for and toward each public way.
(17)
Public service sign.
(18)
Real estate sign.
(a)
The real estate sign shall not exceed five square feet in residential districts or 24 square feet in commercial and manufacturing districts.
(b)
Only one real estate sign shall be allowed for each 150 feet of street frontage. The sign shall be limited to the property being sold or rented.
(c)
All real estate signs shall be removed within 30 days after the closing of the sale of the real estate or the rental of the real estate.
(19)
(20)
Temporary sign.
(a)
Temporary signs pertaining to special sales or events may be displayed for a period of 30 days or less.
(b)
The cumulative area of temporary window sign(s) shall not exceed 20% of the area of each display window or public entrance on the building site. For purposes of this subsection, any display window that faces a separate public right-of-way or which is separated from any other display window by a public entrance shall be considered a single display window.
(22)
Window sign.
(a)
The total area of any permanent window sign shall not exceed 30% of the total glass area of the display window. For purposes of this subsection, any display window that faces a separate public right-of-way or which is separated from any other display window by a public entrance shall be considered a single display window.
(b)
The contents of the window sign shall only advertise an on-premises use.
(c)
The total area of permanent window signs shall be included in computing the total area of signs on the building frontage.
(d)
The area of window signs shall be computed by measuring the area of the smallest rectangle or other geometric shape which encompasses all of the individual letters or symbols.
F.
Table of Permitted Sign Uses.
Zoning District | |||||||||
|---|---|---|---|---|---|---|---|---|---|
Sign Type | C-1 | C-2 | C-3 | M-1 | R-1 | R-2 | R-3 | P-1 | |
Address | P | P | P | P | P | P | P | P | |
Awning | P | P | P | P | N | N | N | N | |
Banner | P | P | P | P | P | P | P | P | |
Community directory | P | P | P | P | P | P | P | P | |
Construction project | P | P | P | P | P | P | P | P | |
Directional | P | P | P | P | N | N | N | P | |
Externally illuminated | P | P | P | P | N | N | N | P | |
Freestanding | P | P* | P | N | N | N | P | P | |
Individual letters or symbols | P | P | P | P | N | N | N | N | |
Internally illuminated | P | P | P | N | N | N | N | N | |
Marquee | N | P | P | N | N | N | N | N | |
Off-premises advertising | N | N | P | N | N | N | N | N | |
Political | P | P | P | P | P | P | P | P | |
Portable sidewalk | P | P | P | N | N | N | N | P | |
Professional occupation | P | P | P | P | P | P | P | P | |
Projecting | N | P | N | N | N | N | N | N | |
Public service | P | P | P | P | P | P | P | P | |
Real estate | P | P | P | P | P | P | P | P | |
Roof | N | N | N | N | N | N | N | N | |
Shopping plaza | P | P | P | N | N | N | N | N | |
Temporary | P | P | P | P | P | P | P | P | |
Wall | P | P | P | P | P | P | P | P | |
Window | P | P | P | P | P | P | P | P | |
Notes: | |
|---|---|
* Traffic control signs only. | |
P = Permitted | |
N = Not permitted |
Zoning District Key: | |
|---|---|
C-1 Neighborhood Commercial | |
C-2 Central Business | |
C-3 Highway Commercial | |
M-1 Manufacturing | |
R-1 One-Family Residential | |
R-2 Two-Family Residential | |
R-3 Multifamily Residential | |
P-1 Public |
G.
Administration and enforcement of the sign regulations.
(1)
Sign inspection and enforcement.
(a)
The Zoning Officer shall inspect signs and enforce the provisions hereof.
(b)
The Zoning Officer shall receive and examine all applications for permits to erect signs and shall issue permits for all signs which conform to the requirements hereof.
(c)
The Zoning Officer shall record and file all applications, conduct an annual inspection of all signs and make such reports as the Borough may require.
(2)
General provisions for all sign permits.
(b)
All sign approval permits shall be filed on application forms provided by the Borough and administered by the Zoning Officer.
(c)
One application form may be used to describe and permit multiple sign installations on the same property, provided that complete information is provided for each sign as stipulated in Subsection G(3) hereof.
(d)
Sign approval permits are valid until the sign is replaced, remodeled or structurally altered, in which case a new permit shall be required.
(3)
Permits to erect new signs or to alter or move existing signs.
(a)
No sign shall be erected, structurally altered or moved until a permit has been obtained from the Zoning Officer. A permit shall only be issued when the Zoning Officer determines that the sign plans comply with all applicable provisions hereof.
(b)
Any person desiring a sign permit shall file an application on a form provided by the Borough and administered by the Zoning Officer.
(c)
The sign permit application form shall contain the following information:
[1]
Applicant's name, address and telephone number.
[2]
A plan, drawn to scale, showing the location of the building, structure or lot to which the sign is to be attached or erected and showing the position of the sign in relation to the property lines, adjoining or nearby buildings, streets or highways.
[3]
A description of the dimensions, shape, color, material, supports, anchoring and height of the sign and the intensity of illumination.
[4]
A sketch of the sign, drawn to scale, illustrating the style of letters, words, symbols or other graphics.
[5]
The name of the person or firm constructing, altering or moving the sign.
[6]
Written consent of the property owner, if different from the applicant.
[7]
Any other conditions which the Zoning Officer may require to demonstrate full compliance with this chapter and other applicable laws of the Borough.
(d)
The Zoning Officer shall process applications for sign approval permits within 30 days from the date of the filing of a complete application with the required fee.
(e)
Approval to erect, alter or move a sign shall be granted subject to the provisions hereof or other applicable ordinances and any other specific conditions which may be stipulated on the permit application form, as may be required by the Zoning Hearing Board.
(f)
The Zoning Officer shall inspect the sign installation for conformance to all applicable requirements and conditions. Signs deemed to be in compliance with the terms and conditions of the permit application shall be granted a permit. The permit shall be validated by the signature of the Zoning Officer. A copy of the validated sign permit shall be provided to the sign owner.
(g)
The sign owner shall notify the Zoning Officer upon the removal of any permitted sign.
(4)
Nonconforming signs. All signs existing at the time this chapter is enacted which do not conform to one or more applicable provisions hereof shall be deemed to be nonconforming signs and shall be subject to the following requirements:
(a)
Any sign heretofore legally erected may continue to be maintained. However, no such sign shall be enlarged, added to or replaced by another nonconforming sign.
(b)
A nonconforming sign may be temporarily removed for repair and maintenance and reerected if restored within six months. Signs not restored within a six-month period shall be deemed abandoned and the use of the nonconforming sign shall terminate.
(c)
Nonconforming signs or sign locations which are discontinued or not used for a period of at least six months shall be deemed abandoned and the use of the nonconforming sign shall terminate.
(d)
Any nonconforming sign that becomes unsafe or which is destroyed or damaged beyond repair shall be removed. Nonconforming signs which are unsafe, destroyed or damaged beyond repair for a period of six months or more shall be deemed abandoned and the use of the nonconforming sign shall terminate.
(e)
No person shall maintain an abandoned nonconforming sign or permit an abandoned sign to be maintained on a premises under their ownership or control. Any such abandoned sign shall be removed by the landowner or person controlling the property within 30 days of the abandonment.
(5)
Fees for sign permit.
(a)
Applications for erecting, altering or moving a sign or signs, as well as the filing of a request for variance with the Zoning Hearing Board, shall be accompanied by the fees established in the Schedule of Fees adopted by the Borough of Danville.[5]
(b)
No fee shall be charged for resubmitting an application which adopts the suggested modifications of the Zoning Hearing Board.
(c)
No fee shall be charged for the painting or repair of a sign that is an exact duplicate of the existing approved sign.
(d)
No permit shall be issued nor variance granted without the payment of required fees.
§ 260-40 Automatic teller machines (ATMs).
ATMs shall be permitted only in accordance with the following restrictions and requirements:
§ 260-41 Telephone booths.
Coin-operated public phone booths shall be permitted only in accordance with the following restrictions and requirements:
§ 260-42 Adult businesses.
[Added 12-9-2002 by Ord. No. 448]
Adult businesses are permitted only as a special exception use only in the C-3 zone district.
A.
Legislative findings. In adopting these standards which apply to adult businesses, the Borough Council has made the following findings in regard to the secondary effects on the health, safety and welfare of the citizens of Danville Borough. The findings are based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the Borough Council, and on findings incorporated in the cases of City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Young v. American Mini Theaters, 426 U.S. 50 (1976), and Northern Cinema, Inc., v. Seattle, 585 P. 2d 1153 (Wash. 1978), and in re: appeal of Bucks, Bass and Balls Inc., d/b/a LaDolce Vita from the Deemed Denial by the Zoning Hearing Board of Springbrook Township in the Court of Common Pleas of Lackawanna County, Civil Action – Law No. 97-CV-5379 and 100 Lackawanna Jurist 223 (1999), and City of Erie, et al v. Pap's A.M. TDBA "Kandyland" (Slip Opinion – Supreme Court of the United States) No. 98-1161 decided March 29, 2000, and on studies in other communities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Saint Paul, Minnesota; Manatee County, Florida; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Los Angeles, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Beaumont, Texas; and New York City, New York; and also on the findings found in Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, June 6, 1989, State of Minnesota. The June 6, 1989, Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses from the State of Minnesota, and the November 1994, City of New York Adult Entertainment Study, each summarize a number of studies from around the country as follows:
Minneapolis | ||
The effects of sexually oriented businesses on the crime rate index is positive. | ||
There is a close association between adult businesses, crime rates, and low housing values. | ||
St. Paul | ||
A significant correlation exists between the location of adult businesses and neighborhood deterioration. | ||
Indianapolis | ||
Real estate appraisers overwhelmingly (80%) felt that an adult bookstore would have a negative effect on residential property values within one block of the site. | ||
71% believed there would be a detrimental effect on commercial property values in the one-block radius. | ||
Major crimes such as criminal homicide, rape, robbery, assault, burglary, and larceny, occurred at a rate 23% higher in areas with adult businesses. | ||
The sex-related crime rate, including rape, indecent exposure, and child molestation, was 77% higher in such areas. | ||
Phoenix | ||
Property crimes were 43% higher in areas with adult businesses. | ||
The sex crime rate was 500% higher in those areas. | ||
Whittier, California | ||
Higher occupancy turnover rates were documented in commercial and residential areas adjacent to adult businesses. | ||
Numerous reports of excessive noise, drunkenness and pornographic litter associated with adult businesses were identified. | ||
The Minnesota Working Group concluded that a comprehensive approach is required to reduce or eliminate the impacts of sexually oriented businesses. Zoning and licensing regulations are needed to protect residents from the intrusion of "combat zone" sexual crime and harassment into their neighborhoods.1 | ||
The New York City study concluded that numerous studies in other locations found that adult entertainment uses have negative secondary impacts such as increased crime rates, depreciation of property values, deterioration of community character and the quality of urban life.2 | ||
Municipalities typically allow adult uses in heavy commercial and industrial districts. The New York City study reported that: | ||
A study in the Town of Islip, NY formed the basis of zoning regulations that allow adult uses only in Industrial I Districts by special exception. | ||
The Indianapolis, Indiana study recommended that adult uses should be allowed only by special exception in commercial districts oriented beyond a neighborhood and not within 500 feet of a residential, school, church, or park property line, or historic area.3 | ||
A study conducted by the Manatee County, Florida, Planning and Development Department recommended that adult uses be limited to commercial locations at least 500 feet from a residential district and 2,000 feet from churches, schools, child-care facilities and public recreation areas.4 | ||
This ordinance adopted in 1992 by Jackson, Mississippi, limits topless bars and other adult businesses to areas zoned for light industrial uses and requires distances ranging from 250 feet to 1,000 feet from residential uses and commercial facilities. | ||
Regulations in many Long Island, New York, communities attempt to protect residential and commercial areas by allowing adult uses only in low-visibility industrial districts.5 | ||
Recent events and alleged criminal activity at an adult business in a nearby community document that secondary effects of adult businesses can affect rural areas as well as urban areas (Hip Hop Club, Hamlin, PA). | ||
The concern over sexually transmitted diseases is a legitimate health concern of Danville Borough which demands reasonable regulation of adult businesses and adult uses in order to protect the health and well-being of the citizens. | ||
Certain employees of sexually oriented business regulated by this ordinance as adult theaters and cabarets engage in higher incidents of certain types of sexually oriented behavior at these businesses than employees of other establishments. | ||
Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, including adult bookstores, adult novelty shops, adult video stores, adult motion-picture theaters, or adult arcades, and especially those which provide private or semiprivate booths or cubicles for viewing films, videos, or live sex shows. Offering and providing such space encourages such activities, which create unhealthy conditions. Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films. | ||
Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses. At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (AIDS), genital herpes, hepatitis B, non B amebiasis, salmonella infections and shigella infections; and, the incidence of many of these diseases is on the increase. | ||
Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities. | ||
Classifying adult businesses as special exception uses is a reasonable means of accountability to ensure that operators of adult businesses comply with reasonable regulations and conditions, and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation. | ||
There is convincing documented evidence that adult businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime, the downgrading of property values, and the decline of the overall character of the community. A number of municipal studies, including the 1986 Austin, Texas study, have demonstrated this. | ||
It is generally recognized that adult businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to neighborhood blight and downgrading the quality of life in the adjacent area. A number of municipal studies, including the 1986 Austin, Texas study, have demonstrated this. | ||
The Borough Council desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizenry, protect the citizens from increased crime, preserve the quality of life, preserve property values and the character of the surrounding community. | ||
Based on the zoning principal established by the courts that all legitimate uses must be permitted somewhere in the community, adult uses should be permitted. Nevertheless, such uses must be regulated in terms of time, place and manner. In other words, the location and outward operation should be regulated, while remaining "content neutral" in terms of free speech protected by the First Amendment. | ||
Specific standards for setbacks, visibility and signs must be included to protect adjoining residential, educational and other uses from the negative secondary impacts of any adult use. | ||
NOTES: | |
|---|---|
1 Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, State of Minnesota, June 6, 1989, p. 2. | |
2 Adult Entertainment Study. Department of City Planning. City of New York, November 1994. p. 67. | |
3 Ibid., p. 5. | |
4 Ibid., p. 8. | |
5 Ibid., p. 9. |
B.
Intent. It is the intent of this section to:
(1)
Regulate adult business in order to promote the public health, safety and welfare by minimizing the secondary effects on the community which are associated with such businesses, and which include difficulties for law enforcement, trash disposal, deleterious effects on business and residential property values, increased crime (particularly the corruption of morals of minors and prostitution).
(2)
Prevent the concentration of regulated uses in order to minimize the secondary effects of such uses.
(3)
Designate a zoning district where adult businesses are permitted, and establish reasonable, content-neutral standards applicable to such uses.
(4)
Have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials including sexually oriented or adult materials.
(5)
Not totally restrict or deny access by adults to sexually oriented materials or adult materials protected by the First Amendment of the Bill of Rights of the U.S. constitution.
(6)
Not deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(7)
Not condone or legitimize the distribution of obscene material, or to encourage any violation of the Pennsylvania Crimes Code or Pennsylvania Obscenity Code.
C.
Special exception use in the C-3 District. Adult businesses are classified as special exception uses in the C-3 Commercial District, which provides a suitable area for the development of such uses away from areas with concentrated residential development.
D. ADULT ARCADE ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE(1) (2) ADULT BUSINESS/REGULATED USE(1) (2) (3) (4) ADULT LIVE ENTERTAINMENT USE OR FACILITY(1) (a) (b) (c) (2) ADULT MOTEL(1) (a) (b) (2) ADULT MOTION PICTURE THEATER(1) (2) ADULT THEATER(1) (2) CABARET DRUG PARAPHERNALIA DRUG PARAPHERNALIA STORES ESCORT ESCORT AGENCY MASSAGE MASSAGE PARLOR NUDE MODEL STUDIO NUDITY or A STATE OF NUDITY OBSCENE MATERIALS SEXUAL ENCOUNTER CENTER SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any place to which the public is permitted or invited wherein coin-operated or token-operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. An "adult arcade" shall be considered a regulated use for the purpose of this section.
An establishment having a substantial party of its business, offering for sale or rental for any form of consideration, any one or more of the following: books, magazines, and other periodicals or other printed matter or photographs, films, motion pictures, videocassettes, or video reproductions, slides or other visual representations which are distinguished or characterized by their emphasis on matter depicting, anatomical areas, or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, or an establishment with a segment or section devoted to the sale or display of such material, where that segment or section exceeds an area of 10% of the sales space in such an establishment or 50 square feet, whichever is greater.
The term "adult bookstore" shall include but not be limited to an adult video store, and all such uses shall be considered a regulated use for the purpose of this section.
All of the following shall be considered "adult businesses/regulated uses":
The use of a building or land for a business which has obscene materials as a substantial or significant portion of its stock-in-trade.
The use of a building or land for a business which involves the sale, lease, trade, gift or display of drug paraphernalia as a substantial or significant portion of its stock-in-trade.
Any nightclub, bar, restaurant, arcade, theater, or any other establishment that conducts life performances as part of its business that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, videocassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, or where any specified sexual activities are conducted for economic gain or any other form of consideration.
Any of the following as defined herein:
A commercial use (including, but not limited to a use of selling food or beverages) including live entertainment involving:
Persons (which may include, but is not limited to, waiters, waitresses, contractors, dancers, clerks, bartenders or others) appearing in a state of nudity;
Live performances which are characterized by the exposure of specified anatomical areas or simulated or actual specified sexual activities, or
Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas
An adult live entertainment use or facility shall be considered an adult business for the purpose of this section.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration and as part of the consideration provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
Offers sleeping rooms for rent three or more times in one calendar day.
An adult motel shall be considered an adult business for the purpose of this section.
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas
An adult motion picture theater shall be considered an adult business for the purpose of this section.
A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or in live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities.
An adult theater shall be considered an adult business for the purpose of this section.
An adult club, restaurant, theater, hall or similar place which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers exhibiting specified anatomical areas or performing specified sexual activities.
Any objects, devices, instruments, apparatus or contrivances, whose primary and traditionally exclusive use is involved with the illegal use of any and all controlled substances under Pennsylvania Law.
Any retail store selling paraphernalia commonly related to the use of any drug or narcotic of which the sale, use or possession of is subject to the provisions of the Controlled Substance, Drug, Device and Cosmetic Act, 1972, April 14, P.L. 233, No. 64, § 1 et seq., 35 P.S. § 780-101 et seq., including but not limited to water pipes, pipe "screens", hashish pipes, "roach clips," "coke spoons," "bongs" and cigarette rolling papers by a store that also sells loose tobacco or the sale by prescription of implements needed for the use of prescribed drugs or narcotics.
A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
A person or business association or establishment which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
The performance of manipulative exercises using hands and/or a mechanical or bathing device on a person(s)'s skin other than the face or neck by another person(s) that is related to certain monetary compensation and which does not involve persons who are related to each other by blood, adoption, marriage or official guardianship.
A person or business association or establishment which furnishes, offers to furnish, or advertises to furnish as one of its primary business purposes for a fee, tip, or other consideration a massage which involves the exposure of any specified anatomical areas or the conduct of any specified sexual activities, except where such service is provided by a certified masseur/masseuse.
Any place where a person who appears in a state of nudity exhibiting specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering or the showing of the female breast with less than a fully opaque covering or any portion thereof below the top of the areolae.
Any literature, book, magazine, pamphlet, newspaper, paper, comic book, drawing, photograph, figure, image, motion picture, videotape, sound recording, article, instrument or any other written or recorded matter which depicts or describes any specified anatomical areas and/or specified sexual activities.
Any of the following:
Any of the following:
E.
Standards. In addition to the other applicable provisions hereof, the following standards shall apply to adult businesses:
(1)
No regulated use shall be permitted within 3,000 feet of any other existing regulated use.
(2)
No regulated use shall be permitted within 500 feet of any establishment that sells alcoholic beverages.
(3)
No regulated use shall be permitted within 500 feet of any residentially zoned district, or any of the following residentially related uses:
(a)
Group care facility.
(b)
Commercial enterprises catering primarily to persons under 18 years of age;
(c)
Churches, chapels, convents, rectories, religious article or religious apparel stores;
(d)
Schools, up to and including the 12th grade, and their adjunct play areas;
(e)
Public recreational facilities, and public libraries;
(f)
All other public buildings and offices.
(4)
For the purposes of this section, spacing distances shall be measured as follows:
(5)
(6)
Limit of one use. It shall be a violation of this section for any person to cause or permit the operation, establishment, or maintenance of more than one adult business in the same building, structure or portion thereof, or an increase of floor area of any adult business in any building, structure or portion thereof that contains another adult business.
(7)
Nonconformity. Any adult business lawfully operating on the date of enactment of this section that is in violation of any of the provisions of this § 260-42 shall be deemed a nonconforming use. Such nonconforming uses shall be increased, enlarged, altered or extended, only in accord with Article VIII, Nonconforming Uses and Structures, and all other applicable standards of this section. The use may be changed to a conforming use. However, under no circumstances shall a nonconforming use as regulated by Article VIII hereof be changed to any type of adult business without applying for such change of use as a special exception.[2]
(8)
Change of use. Whenever an existing regulated use is proposed to be changed to another permitted regulated use, the applicant shall request consideration as another regulated use in accordance with the procedures set forth herein for such special exceptions.
(9)
Location of new neighboring uses. An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use if, subsequent to the grant of a special exception permit, a use from which an adult business is required to provide a setback under this § 260-42 is developed within the required setback distance. Any additions or expansions of the adult business use shall comply with all setbacks required by this § 260-42.[3]
(10)
Alcohol. No adult business shall be operated in combination with the sale and/or consumption of alcoholic beverages on the premises.
(11)
No regulated use shall permit the admission of minors to their regulated business establishment, and the sale of regulated services or materials to minors is also prohibited.
(12)
No regulated use shall operate between the hours of 2:00 a.m. and 8:00 a.m. from Monday to Friday, nor between the hours of 3:00 a.m. and 8:00 a.m. on Saturdays, nor between the hours of 3:00 a.m. and 12:00 noon on Sundays.
(13)
Exemption for modeling class. It is a defense to prosecution under this § 260-42 that a person appearing in a state of nudity did so in a modeling class operated:[4]
(a)
By a proprietary school, licensed by the state, or an academically accredited college or university;
(b)
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation;
(c)
In a structure:
[1]
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;
[2]
Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and
[3]
Where no more than one nude model is on the premises at any one time; or
(d)
By an organization which qualifies under Section 501(c)(3) of the U.S. Internal Revenue Code as a nonprofit organization or foundation.