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Dover City Zoning Code

ARTICLE VII

Standards for Special Exception Uses

§ 160-58 Requirement of specific standards.

In addition to the general standards for all special exceptions as contained in § 160-49, the specific standards for the particular uses allowed by special exception are set forth in this article. These standards must be met prior to the granting by the Zoning Hearing Board of a special exception for such uses in applicable zones.

§ 160-59 Adaptive reuse.

Permitted reuses. Structures determined to meet the criteria of adaptive reuses may be reused for the following purposes:
Single-family dwelling.
Multi-family dwelling.
Financial institution.
Private clubs or social halls, if there are no sales of alcohol on the premises.
Day care facilities of all types.
Civic or cultural building.
Community center.
Other such uses as determined appropriate upon recommendation of the Planning Commission and Borough Council.
Standards for exterior alterations, shall make exterior alterations generally consistent with the original structure's architecture and the neighborhood in which it is located.
Parking shall meet the requirements of this chapter based on the permitted reuses.

§ 160-60 Adult and sexually oriented businesses.

Adult businesses shall not be located within 1,000 feet of any lot that is zoned residential.
Adult-oriented businesses shall not be located within 500 feet of the lot boundary of any existing school, day care center, hospital, group care facility, personal care boarding home, group home, public park or playground, place of worship, or an establishment which is licensed to serve and/or sell alcoholic beverages.
No adult business shall be located within 500 feet of any other existing or proposed adult-oriented business.
Persons or owners who intend to operate an adult-oriented business shall obtain from the applicable municipality a license to operate such an enterprise pursuant to relevant Municipal Codes, as amended, and shall pay to the municipality an investigation fee as may be set from time to time by resolution of the applicable Borough Council. In addition, such persons or owners shall supply to the municipality detailed information regarding the ownership and financing of the proposed business as required on the licensing application of the relevant Municipal Code, as amended. Applications for licensing can be obtained at the applicable Municipal Offices and shall be filed with the applicable Zoning Officer.
An adult business shall be initially licensed when it has met the requirements set forth in this chapter. The license shall be valid through December 31 of the year in which the license is initially issued. For each year thereafter that the business intends to continue, the owner or operator shall seek an annual renewal of the license. The application for renewal shall be submitted to the Zoning Officer by November 1 of the year proceeding the year for which the license renewal is sought. The lack of a license or failure to renew such license in a timely fashion shall be grounds for the municipality to deny or revoke an occupancy permit for an adult business.

§ 160-61 Animal day care.

Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility.
A traffic report shall be submitted with the application for development which identifies traffic control measures within the site and at the points of ingress and egress warranted at peak usage of the facility.
All services and care provided to the animals shall be conducted indoors.
Outdoor lighting, if any, shall be shielded and reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.
Setbacks. All animal shelters, fenced enclosures, and runs shall be located at least 50 feet from any property line or street line and shall be sufficiently screened and insulated to protect adjacent properties from inappropriate noise, odor, and other disturbances.

§ 160-62 Animal grooming facility.

The applicant shall provide a manure management plan to show that adequate provisions are being implemented to collect, store, and dispose of the animal waste associated with the proposed facility. The containers to be used in the process shall be kept covered and shall be cleaned on a regular basis to avoid the potential for detectable odors.
All animal waste shall be properly stored and disposed of, so as not to be objectionable at the site's property line.
Outdoor lighting, if any, shall be shielded and reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

§ 160-63 Animal hospital/kennel.

Setbacks. All animal shelters, fenced enclosures, and runs shall be located at least 50 feet from any property line or street line and shall be sufficiently screened and insulated to protect adjacent properties from inappropriate noise, odor, and other disturbances.
All animal waste shall be properly stored and disposed of, so as not to be objectionable at the site's property line.

§ 160-64 Automotive fueling facility, which may be coupled with automotive repairs or retail sales.

Buildings must be set back at least 50 feet from any street line.
Fuel pumps must be set back at least 25 feet from any street line.
The number of access drives may not exceed two per lot on any one street frontage. Access drives must be located as follows:
Minimum offset from intersection of any two street right-of-way lines: 40 feet.
Side lot line offset: 10 feet.
Minimum width: 12 feet.
Maximum width: 35 feet.
Minimum separation of drives on same lot: 25 feet.
Except along access drives, a concrete curb eight inches in height must be placed along all street right-of-way lines.
All lights must be diverted toward the gas station or downward on the lot.
No outdoor stockpiling of tires or outdoor storage of trash is permitted. An area enclosed by a wall or fence, screened from view of adjacent properties, shall be provided whenever outdoor storage is required. No materials may be stored to create fire hazard.

§ 160-64.1 Bed and breakfast.

No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
Guest stays shall be limited to a maximum of 14 consecutive days.
The operator shall be a full-time resident of the dwelling in which the bed and breakfast is located.
No more than four guest rooms shall be offered to transient overnight guests.
No meals, other than breakfast, shall be served on the premises. Food may be prepared on the premises for consumption off the premises by overnight guests. Food shall not be served to any customers who are not overnight guests.
Off-street parking shall not be located in any front or side yard.
All floors above grade shall have direct means of escape to ground level.
The bed and breakfast must comply with local and state regulations including, but not limited to, fire, health, safety, and building codes.
The operation of the bed and breakfast shall be conducted to be clearly incidental and accessory to the primary use as a single-family dwelling.

§ 160-65 Boarding house.

Public ingress and egress to the boarding house shall be through one common exterior entrance. Ingress and egress for boarders shall be through common exterior entrances.
Entry access to all boarding sleeping rooms shall be through the interior of the building. No exit doors from individual boarding sleeping rooms shall lead directly to the exterior of the building.
All required parking shall be in the rear yard of the lot and screened from surrounding parcels.

§ 160-66 Car wash, automatic and self-service.

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.
The definition of a car wash does not include a one-bay washing facility in a service station where washing facilities are purely incidental to the operation.
A car wash shall provide a minimum of five stacking spaces per washing bay.
Paved off-street stacking spaces shall be arranged in an orderly fashion so as not to cause blockage of any means of ingress or egress and to ensure that the traffic flow on a public ROW is not endangered in any way. A separate means of ingress shall be established and clearly marked, as shall be a separate means of egress from the car wash. It shall be the responsibility of the owner to avoid any congestion in the public ROW by directing traffic away from the facility by posting a "Temporarily Closed" sign or other means of notification. Traffic studies and associated improvements may be required by the municipality as a condition of approval.
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced.
All equipment related to the operation of the car wash shall be properly screened to minimize nuisances to adjoining lots.

§ 160-67 Care facilities including convalescent/nursing home, intermediate care facilities; domiciliary; and family day care home.

In an R Zone and a V Zone and subject to the requirements of that zone, except as herein modified and provided:
Access shall be via an arterial or collector street as designated by the Borough Comprehensive Plan.
Public sewer and public water must be utilized.
Buffers and screens shall be provided as necessary to adequately protect adjacent properties. This includes, but is not limited, to fences, walls, planting, and open spaces.
Each convalescent or nursing home must comply with all applicable requirements of state and federal laws and regulations.

§ 160-68 Catering (kitchen/food preparation only).

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.
The site shall have direct vehicular access from an arterial or collector street.
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or Residential Zoning District shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Borough Council may further regulate outdoor lighting for the facility to prevent adverse impacts on adjoining properties.
The scale, massing, and building design shall be compatible with the surrounding neighborhood.
No outdoor loading or service areas, including dumpsters, shall be located within the side or rear yard setback areas.
Applicants must clearly demonstrate that the use will be compatible with the existing neighborhood, particularly with regard to traffic circulation, parking, and appearance.
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.

§ 160-69 Day care, adult.

The facility shall be registered with and/or licensed by the Commonwealth. Proof of this valid license shall be provided to the applicable municipality prior to the municipality's issuance of a zoning occupancy permit for the use.
An adequate area shall be provided for safe drop-off and pick-up. Areas for drop-off and pick-up shall be safe for vehicle traffic and typically be separated from normal vehicle traffic and shall not cause traffic congestion or unsafe traffic circulation either on site or on the adjacent public streets.
These provisions do not apply to home-based day cares which are classified as an accessory use.

§ 160-70 Day care, child.

The facility shall be licensed as such by the Commonwealth of Pennsylvania. Proof of this valid license shall be provided to the applicable municipality prior to the municipality's issuance of a zoning occupancy permit for the use.
Ingress and egress to the site shall be designed to ensure the safe drop off and pick up of children. All drop-off locations shall be designed to not interfere with the free flow of traffic on adjacent streets.
Outdoor play areas shall be provided which shall have a minimum area of 65 square feet per child and shall be secured by a fence at least four feet in height, with a self-latching gate. The location of the outdoor play area shall consider the relationship to adjoining properties.
Interior space shall be provided as per the regulations of the Pennsylvania Department of Welfare. In addition, other lot and area requirements within the Zoning District in which the day care is proposed shall apply.
Depending on traffic and/or adjoining use of the premises, a fence with approved height and strength by the municipality may be required along the lot's perimeter for the protection of those using the day care.

§ 160-71 Distribution center.

An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for parking and loading areas shall be provided to protect the surrounding neighborhood from inappropriate light and other disturbances.
The facility shall have one point of vehicular access to an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (to both pedestrians and vehicles) on adjacent arterial and/or collector street(s).
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Borough Council may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.
No storage or transfer of toxic, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases, or solids is permitted on the subject property.

§ 160-72 Dwelling types.

Accessory dwelling unit.
An accessory dwelling unit shall be permitted as a special exception to a primary residence and shall meet all applicable setback and area and bulk requirements of the zoning district in which it is located.
Accessory dwelling units shall have a gross floor area of at least 500 square feet and shall comprise no more than 50% of the gross floor area of the principal structure on the lot they are associated with.
The maximum total square footage permitted for an accessory dwelling unit shall not exceed 1,000 square feet.
The occupants residing in the accessory dwelling unit must be family members or relatives of the occupants of the principal structure.
Apartment.
Minimum site area required is 3/4 of an acre or 32,670 square feet.
Maximum height is four stories or 50 feet.
Parking areas shall have plant screening of varying heights (no less than four feet in height), plus consisting of a 50%-50% mix of evergreens and deciduous trees, or opaque fencing, installed to achieve an overall maximum transparency of 15%.
Parking spaces shall be located no more than 300 feet from the apartment's primary entrance.
The means of a building's ingress and egress shall meet requirements as outlined in the Uniform Construction Code of Pennsylvania.
A twenty-six-foot-wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.
All dumpsters and/or waste collection areas shall be located at least 50 feet from nearest residential unit and shall be enclosed by solid masonry screen walls on a minimum of three sides.
The primary vehicular entrance to a garden apartment development shall, at a minimum, have direct access to a collector road.
Maximum height of lighting for outdoor parking areas and roadways shall be 25 feet.
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one foot candle.
Slopes shall be graded at a maximum of a three-foot horizontal to one foot vertical ratio.
If the parking area for a garden apartment development is adjacent to a single-family residential lot and demands greater than 10 automobiles, the following shall apply:
An additional ten-foot bufferyard with one of the following shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light, and other disturbances on adjacent residential lots:
One and one-half times the required number of plants for screening and buffering off-street parking and loading areas.
A mound, a minimum of 3.5 feet in height at its peak shall be constructed whereas the sides do not exceed a four-foot horizontal to one foot vertical change in elevation. Time mound shall be landscaped in it's entirely with plants that provide four seasons of interest but shall not include turf grass. The landowner and/or developer shall coordinate site drainage so that site development and grading do not create any adverse effects on adjacent lots.
Conversion dwellings. In an R Zone or V Zone and subject to the requirements of that zone, except as herein modified and provided:
R Zone: Lot area requirement for each unit: 5,000 square feet of minimum lot area/unit.
V Zone: no minimum lot area (§ 160-16B shall apply).
Where an existing dwelling is converted to a multi-family or two-family dwelling, the character of the existing structure shall be maintained. No exterior modifications shall be permitted which alters the original style of the dwelling, its doors, windows or other details.
In the case of a multi-family conversion or two-family conversion, public sewer and public water must be utilized.
Each dwelling unit must be a minimum of 700 square feet of habitable living area as calculated by the PA Uniform Construction Code (PA UCC).
Manufactured home.
A manufactured home shall contain at least 800 square feet of floor area.
A manufactured home shall be placed on a complete permanent, walled foundation and shall meet all standards and requirements of the Borough's Building Code.
Multifamily dwellings.
In an R or V Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
In the case of the multi-family dwelling where individual dwelling units are located on a single lot and share with other units a common yard area (e.g., garden apartments), the following requirements shall apply:
Lot area in the R Zone shall be three acres minimum and provide a minimum of 40,000 square feet for each multi-family structure. There shall be no minimum lot area in the V District; however, every unit shall have a minimum of 700 square feet of floor area.
Lot width in the R Zone shall be 150 feet minimum on a public street. Lot width in the V Zone shall be a minimum of 50 feet on a public street.
Minimum side setbacks of 20 feet each shall be provided.
The maximum number of units a multi-family dwelling structure may contain shall be 12 dwelling units.
Public sewer and public water must be utilized.
Distance between buildings. Where two or more multi-family dwellings are located on a single lot or parcel, the minimum distance between principal buildings shall be 40 feet.
All parking areas shall be located at least 10 feet from any property line or street line.
Buffers and screens shall be provided as necessary to adequately protect adjacent properties. This includes, but is not limited to, fences, walls, planting and open spaces.
In the case of a multi-family dwelling where individual dwelling units are located on separate lots (e.g., townhouses or row houses), the following requirements shall apply:
Lot area. Each lot shall have a minimum area of 3,000 square feet.
Lot width. Each lot shall have a minimum width of 20 feet.
There shall not be more than six dwelling units in any one row.
Side setback shall be 25 feet minimum for dwelling units at the end of a row.
Public sewer and public water must be utilized.
Quadruplex. A quadruplex shall be a special exception use subject to the following express minimum standards and criteria:
The minimum lot size shall be 4,000 square feet per unit.
The maximum site density shall be 10 units per acre.
All quadruplex dwellings shall be connected to public water and sewer systems.
The site must possess direct access to an arterial or collector street.

§ 160-73 Flex space.

Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Borough, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.
Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Council may further regulate outdoor lighting for the facility to prevent adverse impacts on adjoining properties.
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.
To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.
The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

§ 160-74 Group home.

The total acreage shall be a minimum of one acre and shall not exceed 2.5 acres. The total resident density shall not exceed 10 persons per acre.
The Borough Council may reduce the minimum lot area dimensions when the building proposed to house such facility is an existing building that has been established as appropriate for such an institution through pre-existing use.
Whenever a party or parties seeks to occupy a dwelling or other building as a group living facility, the party or parties shall file a detailed statement of intent describing the proposed use of the dwelling or building. The statement shall detail the proposed number and nature of the anticipated occupants, with the Borough Zoning Officer. A license or certification shall also be obtained from the Commonwealth of Pennsylvania or York County prior to issuance of an occupancy permit. If an appropriate licensing or certifying agency does not exist, the landowner and/or the developer shall remonstrate to the Borough Zoning Hearing Board that the proposal satisfies a demonstrative need and shall be constructed in a responsible manner without detriment to surrounding lots.
The sponsoring agencies or owner of the facility shall file for certification annually with the Borough Zoning Officer to indicate that the facility continues to satisfy the conditions for original approval. The sponsoring agencies shall be notified by mail of the annual filing date 30 days prior to such date. Ten days after the filing date, the Borough shall place an advertisement in a local newspaper for one day, listing those agencies that have applied for re-certification or requesting comments from the residents in community organizations within 30 days from the date of the advertisement. Individuals or organizations wishing to file a complaint shall do so, in writing, to the Borough Zoning Officer. Change in sponsorship or any conditions of the original approval shall constitute as a new use, and the full procedure for obtaining a new use shall be exercised.

§ 160-75 Halfway home.

A halfway house shall not be located within 20,000 feet of any existing halfway house.
Halfway houses shall be located only on property with direct access to arterial roads.
Halfway houses shall be subject to the development standards and other requirements as set forth in this chapter.
Halfway houses shall have a minimum lot size of 50,000 square feet and a minimum lot area of 5,000 square feet per resident.
Minimum setbacks shall be 50 feet from property unless abutting a residential district in which case the minimum setback shall be 100 feet.
Halfway houses must supply the Borough (and keep current) the name of the manager and/or other person responsible for responding quickly to a complaint filed by the Borough.
Halfway houses must be licensed the appropriate state, federal, and county agencies when required, but in all cases must be supervised on a twenty-four-hour basis.

§ 160-76 Home occupation business.

In a V Zone, permitted occupations or professions shall include the following: physician, dentist, clergyman, lawyer, engineer, surveyor, accountant, architect, teacher, artist, licensed insurance or real estate agent, seamstress, barber, beautician and similar service occupations and professions. In an R Zone, permitted occupations or professions shall include those listed above except the following: physician, dentist, barber, and beautician.
A home occupation or profession may be carried on in a dwelling unit or in a structure accessory to a dwelling unit. The floor area devoted to a home occupation or profession shall be equivalent to not more than 30% of the ground floor area of the dwelling unit.
No more than two nonresidents of the dwelling unit may be employed.
The character or external appearance of the dwelling unit must be that of a dwelling. No display or products may be shown to be visible from outside the dwelling unit. A name plate not larger than two square feet in area is permitted. It must be illuminated only by indirect lighting.
Besides the required parking for the dwelling unit, additional off-street parking is required as follows:
One space for the home occupation and one space for each nonresident employee; and
Two additional spaces for a physician, dentist, barber, or beauty shop.

§ 160-77 Junkyard.

In a V Zone and subject to the requirements of that zone, except as herein modified and provided:
Minimum lot area shall be 40,000 square feet.
Minimum lot width shall be 150 feet.
The area used for junkyard purposes shall be completely enclosed with a solid fence or wall, at least eight feet high constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. Such fence or wall shall be set back at least 20 feet from any side or rear property line and at least 35 feet from any street line.
The contents of a junkyard shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
No materials may be stored to create a fire, safety, or health hazard.

§ 160-78 Laundry/laundromat and dry-cleaning establishments.

Public sewer and water facilities approved by the Pennsylvania Department of Environmental Protection must be used.
All activities shall be conducted within a completely enclosed building.
Any exhaust ventilation equipment shall be directed away from adjoining residentially-zoned property.
Self-service laundromats shall require one off-street parking space for each two washing machines; other laundry-related uses shall provide one off-street parking space for each 400 square feet of gross floor area.
Dry cleaning establishments must comply with all applicable environmental regulations.

§ 160-79 Manufacturing facility.

Manufacturing facilities may not:
Cause dust, smoke, fumes, gas, or offensive odors to be disseminated beyond the boundaries of the lot.
Cause vibration beyond the boundaries of the lot.
Cause noise exceeding that of adjacent street traffic.
Cause glare observable from beyond the boundaries of the lot.
Constitute an unusual fire or explosion hazard.
All areas for parking, service, storage and/or other elements which because of their appearance would be offensive to those occupying adjoining lots or those on the street shall be screened, landscaped, or otherwise treated to eliminate the offensive condition.

§ 160-80 Medical marijuana dispensary.

The applicant shall demonstrate compliance with all facility regulations in § 802 of the Medical Marijuana Act, as amended (Act 16, Pennsylvania Law 84, No. 16).
The dispensary shall meet the same land use requirements as other commercial facilities that are in the underlying District.

§ 160-81 Parking lot or parking garage.

In an R Zone and subject to the requirements of that zone, except as herein modified and provided:
Not more than 60% of the lot area may be covered with impervious surfaces.
Buffers and screens shall be provided as necessary to adequately protect adjacent properties. This includes, but is not limited to, fences, walls, planting and open spaces.
May only serve a use which is permitted by right or special exception in the R Zone.
Provision for storm drainage must be approved by the Borough Council.
All two-way driveways shall provide a minimum of one ten-foot parking lane, plus two twelve-foot travel lanes. Parking lanes may be eliminated where the driveway does not serve storage units.
All interior driveways shall be paved with an impervious surface sufficient for the loads the driveways are expected to bear.
The maximum building height shall be 20 feet.
The minimum distance from the face of any storage building to the face of any adjacent storage building shall be 28 feet for storage units which are less than 15 feet in depth and 42 feet for storage units which are more than 15 feet in depth.
The maximum length of any storage building shall be 200 feet.
The maximum distance from the end of any storage building to the end of any adjacent storage building shall be 20 feet.
The maximum size of any storage unit shall be 14 feet wide, 40 feet deep and one story and no more than 20 feet in height. If storage units are placed back-to-back, the maximum width of the building shall not exceed 40 feet.
Office space may be provided which shall not exceed 5% of the total floor area devoted to storage.
No business activity other than the rental of storage units shall be conducted on the premises.
No signs shall be placed on the buildings or on their rooftops.
Buildings shall be so situated or screened so that the access doors are not facing adjacent streets.
No hazardous materials or substances shall be permitted to be stored in the storage buildings other than those permitted by the applicable Construction Code.
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or Residential Zoning District shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Borough Council may further regulate outdoor lighting for the facility to prevent adverse impacts on adjoining properties.
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

§ 160-82 Shopping center.

In a V Zone and subject to the requirements of that zone, except as herein modified and provided:
Minimum lot area shall be 40,000 square feet.
Minimum lot width shall be 140 feet.
Setbacks. All buildings shall be located at least 20 feet from any side or rear property line and at least 50 feet from any street line.
Parking. A minimum of 5.5 parking spaces per 1,000 square feet of gross leasable floor area shall be provided.
A buffer yard measuring at least 20 feet in depth must be provided on the site in all instances where the site adjoins an R Zone. The buffer yard shall be naturally landscaped and shall not be used for building, parking, loading or storage purposes.

§ 160-83 Short-term rental.

Short-term rental units will be allowed in single-family homes, townhouses, condos, mobile homes and apartments as a permitted principal use in specified districts, with limitations.
The maximum number of lodgers per night may not exceed a total of six guests per dwelling and/or two guests per bedroom, whichever is less.
The maximum number of rental contracts per night is one. All lodgers occupying a short-term rental unit must be associated with the same rental contract.
Events and activities, including luncheons, banquets, parties, weddings, meetings, fund raising, commercial or advertising activities, and any other gathering of persons other than the authorized lodgers, whether for direct or indirect compensation, are prohibited in association with any short-term rental unit.
Short-term rental units shall not adversely affect the character of a neighborhood, nor shall the use generate noise, vibration, glare, odors, or other effects that unreasonably interfere with any person's enjoyment of his or her residence.
An owner-adjacent short-term rental may be rented only as a whole unit to one party of short-term renters at any one time and not rented as separate bedrooms to separate parties.
The number of individual bedrooms made available for operator-occupied short-term rentals within a dwelling unit shall not be greater than the number of lawful bedrooms in the dwelling unit.
All advertisements for short term rental units, posted on any platform online or in any other format, must include the short-term rental unit zoning occupancy permit number and identify the location of the required off-street parking space(s) and any other available parking or public transportation options.
Exterior signs advertising the presence of a short-term rental unit are not permitted.
Hotel occupancy tax must be paid to the County of York for each short-term rental unit. Operators must file proof of payment annually prior to February 1.
Short-term rental units are prohibited in an accessory structure, outdoors, or in recreational vehicles.
Renting for an hourly rate shall not be permitted.
A short-term rental unit must:
Have a working multi-purpose fire extinguisher, interconnected smoke detectors and carbon monoxide detectors, when a fuel burning appliance is present in the structure.
Have a plan posted inside the door of each sleeping room showing the exit pathway from the sleeping room used for a short-term rental unit to the nearest exit from the dwelling.
Have one designated off-street parking space available for lodgers for each dwelling unit or bedroom in a short-term rental, which the operator has the authority to reserve for short term rental unit purposes.
A short-term rental operator must:
Apply for a certificate of zoning occupancy prior to short-term rental use and occupancy.
Be a permanent resident of the property hosting the short-term rental unit.
Obtain written consent from the owner of the property for the short-term rental unit, when applicable.
Maintain a guest log including the name, address, and telephone number of all overnight lodgers. The guest log must be made available upon request to any applicable municipal employee or agent tasked with enforcing the Zoning Ordinance or other applicable part of applicable municipal codes.
Maintain liability insurance appropriate to cover the short-term rental unit and provide proof of insurance coverage annually prior to February 1.
The following information shall be provided to all short-term renters upon execution of a rental contract:
Instructions for disposal of waste in accordance with local refuse and recycling programs.
Contact information for the short-term rental operator, or when the operator is not present, the contact information for a locally available contact designated to respond to all emergencies and problems that may arise during the rental period, whether from renters, neighbors, or municipal authorities.
The certificate of zoning occupancy for the short-term rental.