East Berlin City Zoning Code
ARTICLE X
General Use Requirements
§ 500-37 Statement of legislative intent.
The following standards shall be applied to the specific listed uses, regardless of how said uses are authorized and where said uses are proposed within East Berlin Borough. These provisions shall be applied by the Zoning Officer for uses permitted as a matter of right, or by the Zoning Hearing Board for uses permitted by special exception. These requirements shall supplement requirements that may be found in the zoning district applicable to a specific property, as well as generally applicable standards, including, but not necessarily limited to, parking, loading, and signs standards.
§ 500-38 Accessory dwelling units.
A.
No more than one ADU shall be permitted on any property.
B.
The maximum number of occupants of the ADU shall be two persons. Minor children under age 18 and related to the occupants of the ADU by blood, adoption or foster relationship shall not count towards this limit.
C.
The ADU shall not exceed 50% of the total residential living area of the existing dwelling or 1,000 square feet, whichever is less. The ADU shall not be less than 400 square feet.
D.
The ADU shall meet the following architectural standards:
(1)
Attached ADUs shall be designed to maintain the architectural design, style, appearance and character of the existing dwelling as a single-family residence. Such an addition shall be consistent with the existing facade, roof pitch, siding and windows.
(2)
Detached ADUs (including manufactured dwelling units) shall be designed to maintain the architectural design, style, appearance and character of the existing primary dwelling on the lot.
(3)
Applicants shall submit a photo, rendering, or plan depicting the exterior of the proposed ADU.
E.
The height of a detached ADU shall not exceed the height of the principal dwelling unit on the lot.
F.
Each ADU shall have a kitchen and full bath.
G.
The applicant shall contact the Adams County Tax Services Office to obtain an address for the ADU (whether attached or detached) and the applicant shall provide this information to the Zoning Officer prior to zoning permit approval.
H.
The applicant shall record, at the cost of the applicant, a memorandum of the decision of the Zoning Hearing Board granting such special exception. Such recorded memorandum shall indicate that the occupancy of the ADU shall be limited to permitted occupants as stated in § 500-5, that the ADU shall not be rented to persons who are not related to the occupants of the principal dwelling, that detached ADUs shall be removed when it is no longer used by persons so related to the occupants of the principal dwelling or converted to a nonresidential accessory use in accordance with the underlying zoning district within 180 days.
I.
All ADUs shall adhere to the following permitting requirements:
(1)
Zoning permits for ADUs shall be issued for a period of not longer than one year and must be renewed at the end of the first term of issuance and every such period thereafter.
(2)
Renewal of said permits requires inspection of the ADU by the Zoning Officer or his/her designee.
(3)
If a permit for an ADU is not renewed, all rights granted to the landowner under such permit expire, and the landowner must re-apply for the issuance of a new zoning permit under the then current standards for the issuance of such permits.
(4)
Zoning permits for ADUs shall be renewed when a change of occupancy is proposed.
§ 500-39 Apartment buildings.
A.
The maximum number of dwelling units in any apartment building shall be 12.
B.
Windows shall constitute a minimum of 25% of the total area of every external wall.
C.
Parking for apartment buildings. Off-street parking shall not be located between the front facade of the building and the adjoining street right-of-way or access drive. Such parking shall be provided in one or more of the following locations.
(1)
In a common parking lot located to the rear of the building.
(2)
In a common garage located underneath the building and accessed from the rear of the building.
(3)
In garage spaces dedicated to individual dwelling units and accessed from the side or rear of the building.
(4)
A maximum of two access driveways are permitted to provide access to a common parking area from public streets or main internal circulation driveways.
D.
Architectural styles and building materials shall be similar to those found in surrounding residential areas. An architectural rendering shall be supplied showing all architectural elements and indicating construction materials.
§ 500-40 Apartment complex.
B.
In addition to the setback and yard requirements of the underlying zoning district, individual apartment buildings within an apartment complex shall meet the following building separation requirements:
§ 500-41 Conversion apartments.
A.
No additions to buildings within which conversion apartments are proposed shall be permitted. The conversion apartments shall be located within the existing structure.
B.
No internal structural alterations of the original building shall be authorized where such alterations are proposed solely in an attempt to increase the total gross floor area available for individual conversion apartments. Structural alterations necessary to ensure emergency egress or provide handicapped accessibility shall be authorized.
C.
Entrances to individual apartments within a conversion apartment building may be located at any location, provided the following standards are met:
(1)
No residential entrance shall be located in a manner that requires the residential occupant to have to walk through another apartment to access the entrance to the dwelling unit. This provision does not preclude internal foyer access to multiple apartments within a conversion apartment.
(2)
Any residential entrance not located along the front of the conversion apartment building shall be connected to the public sidewalk at the front of the building by an access sidewalk.
(3)
Where a common entrance for multiple apartment units is used, such common entrance shall be located at the front of the conversion apartment building.
§ 500-42 Distribution center.
A.
All operations, excluding truck loading and off-loading, shall be conducted within an enclosed building. Loading facility doors shall be closed at all times other than when a truck is loading or off-loading products.
B.
There shall be no outdoor storage of products, including packaged products or products in delivery containers, being processed by the distribution center.
C.
Access to the distribution center shall be from a minor arterial street as identified in the Eastern Adams County Joint Comprehensive Plan.
D.
Any overnight parking area for trucks shall be fully screened from view from any adjoining residential parcels. Where a fence is used as part of this screening, landscaping shall be provided along the outside edge of the fence.
§ 500-43 Financial institutions with drive-through service.
A.
The drive-through facility, including the drive-through lane, automated teller machine, and/or service window, shall be located to the side or rear of the financial institution building. In no instance may any component of the drive-through facility be located in the front yard.
B.
Vegetative screening shall be located between all components of the drive-through facility and any adjoining residential use or any property in the BC and SR Districts.
C.
The drive-through facility must have a lane that is dedicated to the conduct of drive-through business. The lane shall include sufficient length to allow for stacking of a minimum of six vehicles waiting for window or automated teller machine service. The stacking area shall not be used for parking lot circulation aisles or in any way conflict with parking or vehicle and pedestrian circulation.
§ 500-44 Group homes.
A.
The provider and the structure shall be permitted and licensed by the appropriate county and/or state agencies and shall comply with all applicable rules and regulations. Copies of said permits and licenses shall be submitted as a component of the zoning permit application.
C.
There shall be twenty-four-hour resident supervision by people qualified by training and experience in the field for which the group home is intended.
D.
Any medical or counseling services provided shall be done so only for residents.
E.
There shall be no alteration to the outside of the structure that would alter the residential character of the dwelling, be inconsistent with the basic architecture styles of the surrounding neighborhood, or be otherwise incompatible with surrounding dwellings.
§ 500-45 Heavy industrial uses.
A.
Any outdoor storage of raw or finished materials or products shall be fully screened from view from any adjoining residential parcels. Where a fence is used as part of the screening, landscaping shall be provided along the outside edge of the fence.
B.
Raw or finished materials or products shall not be stacked higher than the screening.
C.
Where the site adjoins property in the BC or SR Districts, the building wall facing such property shall not include service door openings or loading facilities. However, where all building walls face property in the BC or SR Districts, service door openings or loading facilities shall be located along the building wall further from said property.
§ 500-46 Home occupations.
A.
A home occupation is deemed to include, but is not necessarily limited to, the following types of occupations: barber; hairdresser; dressmaker; milliner; professional office of attorney, architect, landscape architect, community planner, engineer, accountant, physician, dentist, realtor, insurance agent, clergyman, teacher, artist, horticulturist, or surveyor; clerical, typing and/or word processing services; specialty "homemade food" products, which require licensing for home production by a state and/or local health agency; and appliance repair, provided that no work may be performed out of doors and no appliances may be stored out of doors. Other occupations in addition to those listed above may be considered to be home occupations provided it is determined that such occupations are of the same general character as those occupations listed above.
B.
The person conducting the home occupation shall reside within the dwelling located on the lot.
C.
No more than two persons other than family members who reside within the dwelling may be employed by the home occupation.
D.
No more than 25% of the livable floor area of the dwelling may be devoted to the home occupation. Where the home occupation is operated either fully or partially within an accessory building on the lot, no more than 500 square feet of floor area in the accessory building may be devoted to the home occupation use. The applicant shall submit floor plans of the dwelling or the accessory building devoted to home occupation use. Said floor plans shall clearly depict the portion of the building devoted to home occupation use.
E.
The dwelling or accessory building in which the home occupation is conducted shall retain a residential design and character. The applicant shall submit photographs of the existing building and shall submit architectural drawings of said building if an addition is proposed in support of the home occupation use. Said photographs and/or architectural drawings shall demonstrate that residential design and character will be retained.
§ 500-47 Infill development.
A.
The infill development building shall be oriented to the front of the lot and along a public street.
B.
Entrances to nonresidential uses within the infill development building shall be located along a public street. Nonresidential use access may be taken from either a single entrance that serves two or more nonresidential uses, or it may be taken from individual entrances. Where the infill development building is located on a corner lot, the nonresidential entrance or entrances shall be located along the street to which the property is addressed.
C.
Entrances to residential uses may be located at any location, provided the following standards are met.
(1)
No residential entrance shall be located in a manner that requires the residential occupant to have to walk through another use to access the entrance to the dwelling unit. This provision does not preclude internal foyer access to multiple units.
(2)
Any residential entrance not located along the front of the infill development building shall be connected to the public sidewalk at the front of the building by an access sidewalk.
D.
The height of an infill development building shall be within 10% of the average building height of the buildings immediately surrounding the site, provided that the infill development building is a minimum of two stories.
§ 500-48 Infill townhouses.
A.
Every townhouse unit within an infill townhouse shall be oriented to the front of the lot and along a public street.
B.
Every townhouse unit within an infill townhouse shall be connected to the public sidewalk system by either an access sidewalk between the public sidewalk and the front door of the townhouse unit or by a porch that connects directly to the public sidewalk.
C.
An infill townhouse shall include no more than four dwelling units.
D.
Every townhouse unit within an infill townhouse shall comply with the following architectural requirements.
(1)
Windows shall constitute a minimum of 25% of the total area of every front and rear wall, and 10% of the total area of every side wall.
(2)
A minimum roof pitch of no less than 4/12 shall be used.
(3)
Eaves shall be provided on all single-family attached buildings. The use of eaves in coordination with additional architectural features, such as dentils, brackets, and decorative moldings, is strongly encouraged.
(4)
An architectural feature, such as, but not limited to, vertical bands, shall be used to delineate the individual dwelling units of a building consisting of single-family attached dwelling units. In no event shall the building facade transition from one dwelling unit to another without a distinct visual or architectural break between the two units.
E.
Every townhouse unit within an infill townhouse shall share a common roof shingle material and color.
F.
The height of an infill townhouse building shall be within 10% of the average building height of residential buildings immediately surrounding the site.
§ 500-49 Mixed-use property.
A.
Entrances to nonresidential uses within a mixed-use property building shall be located along a public street. Nonresidential use access may be taken from either a single entrance that serves two or more nonresidential uses, or it may be taken from individual entrances. Where the infill development building is located on a corner lot, the nonresidential entrance or entrances shall be located along the street to which the property is addressed.
B.
Entrances to residential uses in a mixed-use property building may be located at any location, provided the following standards are met:
(1)
No residential entrance shall be located in a manner that requires the residential occupant to have to walk through another use to access the entrance to the dwelling unit. This provision does not preclude internal foyer access to multiple units.
(2)
Any residential entrance not located along the front of the mixed-use property building shall be connected to the public sidewalk at the front of the building by an access sidewalk.
§ 500-50 Mobile home park.
A.
The mobile home park shall be proposed and designed in accordance with the requirements of Chapter 450, Subdivision and Land Development, of this Code, with regard to mobile home parks.
C.
Sidewalks shall be provided along both sides of all internal streets in a mobile home park. The internal sidewalk system shall connect to the broader sidewalk system in the Borough. Access sidewalks shall be provided from the entrance to all mobile homes to the mobile home park sidewalk system. All required sidewalks shall meet construction and materials specifications of the Borough.
§ 500-51 No-impact home-based businesses.
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment or process, which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
§ 500-52 Recycling facility.
A.
All operations, including collection, shall be conducted within an enclosed building. Access doors for trucks shall be closed at all times other than when a truck is off-loading materials to be recycled or on-loading process materials.
B.
There shall be no outdoor storage of materials collected, used, or generated by the recycling facility.
C.
The operator shall document with the Borough a written explanation describing the scope of the operation and the measures to be used to mitigate any problems associated with noise, fumes, dust, or litter. Such written explanation shall include a detailed explanation of site maintenance and stray debris collection.
D.
Access to the recycling facility shall be from a minor arterial street as identified in the Eastern Adams County Joint Comprehensive Plan.
§ 500-53 Rental storage.
A.
The minimum aisle width between buildings shall be 24 feet.
B.
Aisles shall be designed to enable large vehicle movement through the site. The applicant shall submit a graphic depicting truck turning movements to demonstrate that large vehicles can move through the site without contacting buildings or being forced to make reverse movements.
C.
Aisles shall be paved. Suitable paving material shall be asphalt or concrete.
D.
Storage of explosive, radioactive, toxic, highly flammable, or otherwise hazardous materials shall be prohibited.
E.
No business or other activity other than leasing of storage units shall be conducted on the premises.
F.
All storage shall be within closed buildings built on a permanent foundation of durable materials. Trailers, box cars or similar impermanent or movable structures shall not be used for storage.
G.
Outdoor vehicle storage is permitted and shall comply with the following requirements:
(1)
Outdoor vehicle storage shall be screened to prevent view from adjacent streets, residential uses, or land within the VC or SR Districts.
(2)
A maximum of 20% of the total site area may be used for outdoor vehicle storage.
(3)
Stored vehicles shall not interfere with traffic movement through the facility.
H.
The facility shall be surrounded by a fence of at least six feet but not less than eight feet in height.
I.
Lighting shall be arranged so as to prevent direct view of the light source from adjoining properties and/or public rights-of-way.
J.
A landscaped buffer of no less than 10 feet in width shall be provided around the perimeter of the facility. At least one major deciduous tree shall be planted for every twenty-foot segment of the buffer.
§ 500-54 Restaurants with drive-through service.
A.
The drive-through facility, including the drive-through lane, ordering intercom or window, and product delivery window shall be located to the side or rear of the restaurant building. In no instance may any component of the drive-through facility be located in the front yard.
B.
Vegetative screening shall be located between all components of the drive-through facility and any adjoining residential use or any property in the BC and SR Districts.
C.
The drive-through facility must have a lane that is dedicated to the conduct of drive-through business. The lane shall include sufficient length to allow for stacking of a minimum of eight vehicles waiting to place an order. The lane shall include sufficient length to allow for stacking of a minimum of two vehicles waiting to receive an order. The stacking area shall not be used for parking lot circulation aisles or in any way conflict with parking or vehicle and pedestrian circulation.
§ 500-55 Retail stores with drive-through service.
A.
The drive-through facility, including the drive-through lane and/or service window, shall be located to the side or rear of the retail store building. In no instance may any component of the drive-through facility be located in the front yard.
B.
Vegetative screening shall be located between all components of the drive-through facility and any adjoining residential use or any property in the BC and SR Districts.
C.
The drive-through facility must have a lane that is dedicated to the conduct of drive- through business. The lane shall include sufficient length to allow for stacking of a minimum of four vehicles waiting for window service. The stacking area shall not be used for parking lot circulation aisles or in any way conflict with parking or vehicle and pedestrian circulation.
§ 500-56 Retail stores with gasoline sales.
A.
A traffic circulation plan shall be developed for the site that separates fuel service patrons from customers accessing the retail store component of the site. In no event will a site layout be authorized that results in or enables retail store customers having to travel through the fuel service area, either by vehicle or by foot, to access the retail store.
B.
Fuel service canopies shall be limited to the minimum height necessary to allow clearance for delivery vehicles. However, in no event shall any part of the canopy structure exceed 16 feet in height.
C.
Site illumination shall be organized in a manner to ensure that all light sources are directed downward and are shielded from direct view from public streets and adjoining properties. Light sources underneath a fuel service canopy shall be recessed a minimum of four inches into the canopy. No internal illumination of the canopy structure shall be authorized.
§ 500-57 Shopping plaza.
A.
The shopping plaza shall operate under unified management, which shall have sole responsibility for operation and maintenance of the shopping plaza.
B.
The shopping plaza shall be designed with a unified architectural theme. Consistent building dimensions, materials, and roof lines shall be proposed for all uses within the shopping plaza.
C.
The primary entrance to the shopping plaza shall be provided from a minor arterial street as identified in the Eastern Adams County Joint Comprehensive Plan.
D.
An internal pedestrian system shall be designed that will enable customers to move from any tenant within a shopping plaza to any other tenant without having to traverse vehicle parking areas, loading area, or other nonpedestrian areas.
§ 500-58 Townhouse development.
A.
No building within a townhouse development shall include more than eight dwelling units.
B.
In addition to the setback and yard requirements of the underlying zoning district, buildings within a townhouse development shall meet the following building separation requirements.
C.
Within any building in a townhouse development, no individual dwelling unit shall have a building footprint placed at the same distance from the front lot line, the street line, access drive line, or other feature defining the front of the property as an adjoining individual dwelling. The building footprint of adjacent dwellings shall vary by no less than two feet and no more than four feet to create a "staggered" appearance of the individual dwelling units. Further, the roof plane shall vary from dwelling unit to dwelling unit in a manner consistent with the variation in the location of the front and rear of the building footprint.
D.
There shall be, for any building within a townhouse development, at least three different architectural plans having substantially different designs, building materials, and exterior and floor elevations.
E.
All single-family attached units shall comply with the following architectural requirements:
(1)
Windows shall constitute a minimum of 25% of the total area of every front and rear wall, and 10% of the total area of every side wall.
(2)
A minimum roof pitch of no less than 4/12 shall be used.
(3)
Eaves shall be provided on all single-family attached buildings. The use of eaves in coordination with additional architectural features, such as dentils, brackets, and decorative moldings, is strongly encouraged.
(4)
An architectural feature, such as, but not limited to, vertical bands, shall be used to delineate the individual dwelling units of a building consisting of single-family attached dwelling units. In no event shall the building facade transition from one dwelling unit to another without a distinct visual or architectural break between the two units.
F.
On any building within a townhouse development, all individual dwelling units shall share a common roof shingle material and color.
G.
Parking within townhouse development. Off-street parking shall be located in accordance with the following requirements:
(1)
In a common parking lot located to the rear of the building.
(2)
In a common garage located underneath the building and accessed from the rear of the building.
(3)
In garage spaces dedicated to individual dwelling units and accessed from the side or rear of the building.
(4)
The only exception to this standard will be for a quadplex or similar form of single-family attached dwelling. In this case only, a parking space for one of the units within the building may be accessed from the front of the overall building.
§ 500-59 Wireless communication tower.
A.
Evaluation of siting opportunities. An applicant seeking approval to erect a wireless communications tower or enlarge an existing wireless communications tower shall demonstrate compliance with the following requirements:
(1)
An applicant shall demonstrate that all structures in excess of 50 feet in height within a one-mile radius of the proposed site have been evaluated as an alternative site. Installation opportunities include, but are not limited to, smoke stacks, water towers, agricultural silos, tall buildings, towers operated by other wireless communication companies, and other communications towers (fire, police, etc.). The applicant shall provide a site alternative analysis describing the location of other sites that were considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the alternative site was not chosen. Where an alternative site is not chosen, supplementary evidence shall include one or more of the following reasons for not proposing to install wireless communications antenna on the alternative site:
(a)
The proposed antennas and related equipment would exceed the structural capacity of the existing structure, as certified by an engineer licensed in the Commonwealth of Pennsylvania and that appropriate reinforcement cannot be accomplished.
(b)
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment, as certified by an appropriate technical expert, and that the interference cannot be effectively mitigated.
(c)
The existing structure does not possess appropriate location, space, or access to accommodate the proposed antennae and equipment or to allow the antennae and equipment to perform their intended function.
(d)
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure that exceeds applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. Such a determination shall be certified by an appropriate technical expert.
(e)
A commercially reasonable agreement could not be reached with the owners of such structures. Where such an agreement is not reached, the applicant shall indicate why any offers or counter-offers made were deemed to be unreasonable.
(2)
If the applicant claims that no structures in excess of 50 feet exist within the study area, the applicant shall provide evidence detailing how such determination was made. Such written evidence shall be submitted, and deemed to be complete, before approval for the erection of a wireless communications tower may occur.
(3)
An applicant shall demonstrate that the proposed facility is needed at the proposed location. The applicant shall provide an existing coverage analysis demonstrating a "dead spot" at or near the proposed tower location.
(4)
An applicant shall provide a written analysis that identifies potential negative impacts on neighboring residents and properties, and indicates how negative impacts will be effectively mitigated.
B.
Siting requirements. Where the applicant has demonstrated that no opportunities exist to site wireless communications antenna on an existing structure and that a wireless communications tower is necessary, the following siting criteria must be met:
(1)
The minimum distance between the base of the wireless communications tower, or any anchoring guy wires, and any property line or public road right-of-way, shall be a minimum of 30% of the tower height.
(2)
The minimum distance between the base of the tower, or any anchoring guy wires, and residential, place of worship, or school property shall be 200 feet.
C.
Tower height. An applicant must demonstrate that a proposed wireless communications tower is the minimum height required to function satisfactorily. In no case shall a wireless communications tower exceed 150 feet. The measurement of tower height shall include the tower itself as well as any antennas or other equipment attached thereto.
D.
Tower safety. An applicant shall demonstrate that the proposed tower will not negatively affect surrounding areas as a result of structural failure, falling ice or other debris, or radio frequency interference. All wireless communications towers shall be fitted with anti-climbing devices, as approved by the manufacturers.
E.
Tower type. The monopole, or davit-pole, type of wireless communications tower shall be used.
F.
Landscaping. The applicant shall demonstrate compliance with the following landscaping requirements:
(1)
The base of the wireless communications tower, any supporting cables or guy wires, maintenance buildings, and parking areas shall be enclosed by a protective fence. The protective fence shall be a minimum of six feet and a maximum of eight feet in height.
(2)
An evergreen screen shall be planted around the external perimeter of the protective fence. Evergreen trees shall be a minimum of six feet at planting and shall reach a minimum height of 15 feet at maturity. Any trees which die within a year of planting shall be replaced by the applicant. Where the tower site is either fully or partially located within a grove of existing trees, the evergreen screen requirement may be waived along any portion of the protective fence that is blocked from view from beyond the property line hosting the facility by said grove of trees.
G.
Color. Where a specific color pattern is not required by the Federal Aviation Administration (FAA), wireless communications tower colors shall be a light grey or galvanized metal color. Towers shall be finished or treated in a manner that prevents the formation of rust.
H.
Parking. One off-street parking space for a maintenance vehicle shall be provided.
I.
Site access. Access to a wireless communications tower facility shall be provided by an access driveway located within an easement of at least 20 feet in width. The access driveway shall be a minimum of 10 feet in width and shall be constructed with a dust-free, all-weather surface for its entire length.
J.
Municipal approvals. The applicant shall receive Land Development Plan approval in accordance with applicable provisions of Chapter 450, Subdivision and Land Development, of this Code, prior to zoning permit approval.
K.
A list of the contents of the equipment building or box, with specific attention to any potentially unsafe or toxic substances, including batteries, to be located in the facility, shall be provided. Documentation demonstrating how any spills of unsafe or toxic material will be contained within the equipment building or box shall also be provided.
L.
Information regarding the intended power supply and auxiliary power supply for the facility shall be provided.
§ 500-60 Uses with drive-through service in the BC District.
Within the BC District, drive-through service as a component of a restaurant, financial institution, or retail sales use may be proposed in accordance with the following minimum requirements:
A.
Drive-through service shall only be proposed for a use located within a building existing as of the effective date of this chapter. No drive-through service will be authorized as a component of a development project that involves the demolition of an existing building or construction of a new building to accommodate the proposed use.
B.
Drive-through service shall only be provided through a service window on the existing building. No element of the drive-through service may be conducted through an ordering kiosk, or similar element.
C.
No intercom operation may be provided in association with the drive-through service. Communication between customers and employees shall be conducted directly through an open service window.
D.
No more than two service windows shall be authorized.
E.
The drive-through facility must have a lane dedicated to the conduct of drive-through business. The lane shall include sufficient length to allow for stacking of a minimum of four vehicles waiting to request or receive service. The stacking area shall not be used for parking lot circulation aisles or in any way conflict with parking or vehicle and pedestrian circulation.
F.
All drive-through windows shall be located on either the side or rear facade of the existing building. No drive-through window shall be permitted to be located on the front facade of the building.
G.
Vehicle traffic shall enter the drive-through facility via an access driveway from a local road classification street as defined by the Eastern Adams County Joint Comprehensive Plan. Vehicle traffic may exit the drive-through facility via an access driveway to a minor arterial classification street as defined by the Eastern Adams County Joint Comprehensive Plan, provided that such access driveway existed as of the effective date of this chapter.
§ 500-61 Child-care center.
A.
The provider and the structure shall be permitted and licensed by the appropriate county and/or state agencies and shall comply with all applicable rules and regulations. Copies of said permits and licenses shall be submitted as a component of the zoning permit application.
C.
An outdoor play area shall be provided, and shall comply with applicable state regulations as evidenced by issuance of required state permits and/or licenses. Such outdoor play area shall be located in the side or rear yard. The outdoor play area shall be enclosed by fencing meeting the requirements of § 500-32 of this chapter.
§ 500-62 Personal care home.
A.
The provider and the structure shall be permitted and licensed by the appropriate county and/or state agencies and shall comply with all applicable rules and regulations. Copies of said permits and licenses shall be submitted as a component of the zoning permit application.
C.
The facility shall include common indoor and common outdoor use areas suitable to the needs of the clients.
§ 500-63 Family child care.
A.
The provider and the structure shall be permitted and licensed by the appropriate county and/or state agencies and shall comply with all applicable rules and regulations. Copies of said permits and licenses shall be submitted as a component of the zoning permit application.
C.
An outdoor play area shall be provided and shall comply with applicable state regulations as evidenced by issuance of required state permits and/or licenses. Such outdoor play area shall be located in the side or rear yard. The outdoor play area shall be enclosed by fencing meeting the requirements of § 500-32 of this chapter.
D.
There shall be no alteration to the outside of the structure that would alter the residential character of the dwelling, be inconsistent with the basic architecture styles of the surrounding neighborhood, or be otherwise incompatible with surrounding dwellings.
§ 500-64 Child-care center or group child care (accessory to nonresidential use).
A.
The provider and the structure shall be permitted and licensed by the appropriate county and/or state agencies and shall comply with all applicable rules and regulations. Copies of said permits and licenses shall be submitted as a component of the zoning permit application.
C.
An outdoor play area shall be provided, and shall comply with applicable state regulations as evidenced by issuance of required state permits and/or licenses. Such outdoor play area shall be located in the side or rear yard. The outdoor play area shall be enclosed by fencing meeting the requirements of § 500-32 of this chapter.
§ 500-65 Halfway house.
A.
The provider and the structure shall be permitted and licensed by the appropriate county and/or state agencies and shall comply with all applicable rules and regulations. Copies of said permits and licenses shall be submitted as a component of the zoning permit application.
C.
The facility shall be located no closer than 500 feet, measured by a straight line from the property line of the subject property to any other property which is already developed with a halfway house use.
§ 500-66 Group child care (accessory to residence).
A.
The provider and the structure shall be permitted and licensed by the appropriate county and/or state agencies and shall comply with all applicable rules and regulations. Copies of said permits and licenses shall be submitted as a component of the zoning permit application.
C.
An outdoor play area shall be provided, and shall comply with applicable state regulations as evidenced by issuance of required state permits and/or licenses. Such outdoor play area shall be located in the side or rear yard. The outdoor play area shall be enclosed by fencing meeting the requirements of § 500-32 of this chapter.