Economy, PA Zoning Ordinance

[1]

Editor's Note: Appendix B is included at the end of this chapter.

[11-24-2009 by Ord. No. 423; 1-22-2013 by Ord. No. 440; 6-11-2013 by Ord. No. 442; 4-12-2016 by Ord. No. 454]

In addition to the general standards and criteria for all conditional uses and uses by special exception listed in § 180-65, above, an application for any of the following uses that are listed in any zoning district as a conditional use or use by special exception shall comply with the applicable standards and criteria specified below for that use.

Active recreation, low-impact and high-impact, subject to:

(1)

The minimum site required for low-impact active recreation where only one activity is proposed shall be one acre.

(2)

The minimum site required for low-impact active recreation where more than one activity is proposed shall be five acres.

(3)

The minimum site required for high-impact active recreation with fewer than 200 participants and/or spectators shall be 10 acres.

(4)

The minimum site required for high-impact active recreation with 200 or more participants and/or spectators shall be 50 acres.

(5)

The site proposed for high-impact active recreation shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter, or the nearest site boundary shall be located no more than 1,000 feet, measured along public street rights-of-way, of an intersection with an arterial or collector street.

(6)

The minimum setback for principal and accessory structures proposed for low-impact active recreation shall comply with the setback requirements of the district in which they are located.

(7)

The minimum setback for all principal and accessory structures for high-impact active recreation shall be 300 feet from any property line adjoining an R-A, R-1, R-2 or R-3 District and shall be 100 feet from any property line adjoining any other zoning district.

(8)

Along all property lines adjoining property in an R-A, R-1, R-2 or R-3 District, Buffer Area C, as described in § 180-69A, shall be provided for an adequate distance along the property line to screen all parking areas, principal structures and intensively used facilities such as playing fields or courts, bleachers, pavilions, concession stands and similar facilities associated with low-impact active recreation.

(9)

Along all property lines adjoining property in an R-A, R-1, R-2 or R-3 District, Buffer Area A, as described in § 180-69A, shall be provided for an adequate distance along the property line to screen all parking areas, principal structures and intensively used areas associated with high-impact active recreation.

(10)

The uses shall comply with the performance standards of § 180-68 of this chapter.

(11)

All lighting shall be shielded away from adjoining streets and properties.

(12)

Any outdoor facilities shall cease operations at 11:00 p.m.

(13)

If outdoor loudspeakers are proposed, the applicant shall present a plan for noise attenuation.

(14)

For high-impact active recreation uses, a plan for security and traffic control during events shall be presented.

(15)

Adequate security shall be provided when the site is not in use.

Adult business, subject to:

(1)

Adult businesses, as defined by this chapter, shall not be permitted in any zoning district other than the I-1 Industrial District.

(2)

An adult business shall not be located within 500 feet of any of the following uses: a church; public or private pre-elementary, elementary or secondary school; hospital; public library; day-care center or preschool facility; public park; nursing home; personal-care boarding home; residential dwelling; or any establishment licensed to sell alcoholic beverages. The distance shall be measured in a straight line from the nearest portion of the building or structure containing the adult business to the nearest property line of the premises of any of the above-listed uses.

(3)

Any adult business, other than an adult motel, that exhibits on the premises in a viewing room (a separate compartment or cubicle) of less than 150 square feet of floor space a film or videocassette or other video or image production or reproduction that depicts nudity or sexual conduct shall comply with the following:

(a)

At least one employee shall be on duty and shall be situated in each manager's station at all times that any patron is present inside the premises.

(b)

View from manager's station.

[1]

The interior of the premises shall be configured in such a manner that there is an unobstructed view from the manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding rest rooms. Rest rooms shall not contain video reproduction or viewing equipment.

[2]

If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is unobstructed view of each area of the premises to which any person is permitted access for any purpose from at least one of the manager's stations. The view required by this subsection shall be by direct line of sight from the manager's station.

(c)

It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the viewing area remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises that has been designated in the application submitted to the Borough as an area in which patrons will not be permitted.

(d)

No viewing room shall be occupied by more than one person at a time. No connections or openings to an adjoining viewing room shall be permitted.

(e)

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place in which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the illumination is maintained at all times that any patron is present on the premises.

(f)

If live performances are to be given, the premises in which such live performances are to be offered shall contain a stage separated from the viewing area and the viewing area shall not be accessible to the performers.

(4)

If the adult business involves live performances, the performers shall not have easy access to the viewers present.

(5)

The owner and operator of any adult nightclub shall provide security officers, licensed under the laws of the commonwealth, if the maximum permitted occupancy exceeds 50 persons.

(6)

No stock-in-trade that depicts nudity or sexual conduct shall be permitted to be viewed from the sidewalk, street or highway.

(7)

No signs or other displays of products, entertainment or services shall be permitted in any window or other area that is visible from the street or sidewalk.

(8)

Windows shall not be covered or made opaque in any way.

(9)

Notice shall be given at the entrance stating the hours of operation and restricting admittance to adults only. The term "adult" shall have the meaning provided by applicable statutory law.

(10)

Alcoholic beverages shall not be permitted on the premises of any adult business.

(11)

Owners and operators of adult businesses shall obtain a license to operate from the Borough. In addition, such owners or operators shall be subject to an investigation fee established from time to time by resolution of Borough Council and shall supply to the Borough such information regarding ownership and financing of the proposed business as is required by the Borough's licensing application. Applications for licensing shall be filed with the Borough Manager.

(12)

The adult business shall be initially licensed upon compliance with all requirements of this section and provisions of the required licensing application. For each year thereafter that the adult business intends to continue, the owner or operator shall seek a renewal of the license. The application for renewal shall be submitted to the Borough Manager by November 1 of the year preceding the year for which renewal is sought. The lack of license or failure to renew such license in a timely manner shall be a violation of this chapter and shall be grounds for denial or revocation of the certificate of occupancy for the adult business.

Assisted-living facility; independent-living facility, subject to:

(1)

The minimum site required shall be five acres.

(2)

The maximum dwelling unit density shall be 12 units per acre.

(3)

An assisted-living facility shall include the following supporting uses:

(a)

Common leisure and/or recreational areas.

(b)

Common dining area.

(4)

In addition, an assisted-living facility or independent living facility may include one or more of the following supporting uses, subject to approval by the Borough:

(a)

Postal station for use of the residents and staff only.

(b)

Banking facility for use of the residents and staff only.

(c)

Pharmacy and/or medical offices for use of the residents only.

(d)

Personal services for the use of the residents only, including beauty shop, barbershop, common laundry facilities, dry-cleaning valet.

(e)

Ice cream parlor and/or florist/gift shop for the use of residents and their invited guests only.

(f)

Elderly day-care center licensed by the commonwealth.

(g)

Taxi, van or similar transportation services for the residents.

(5)

Buffer Area B, as described in § 180-69A of this chapter, shall be provided along all property lines adjacent to property in an R-A, R-1, R-2 or R-3 District.

(6)

Parking shall be provided in accordance with the requirements of § 180-81, except that additional parking for the supporting uses intended for the residents and their invited guests shall not be required.

Bed-and-breakfast, subject to:

(1)

The operator of the bed-and-breakfast shall be a full-time resident of the dwelling in which the bed-and-breakfast is located.

(2)

The lot shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter, or the nearest site boundary shall be located no more than 1,000 feet, measured along public street rights-of-way, of an intersection with an arterial or collector street.

(3)

The minimum lot area required shall be one acre.

(4)

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.

(5)

The maximum length of stay for any guest shall be 14 days in any calendar year.

(6)

One identification sign shall be permitted, and such sign may either be attached to the wall of the building or may be freestanding in the front yard, provided the surface area of the sign shall not exceed six square feet. The height of the freestanding sign shall not exceed four feet and the freestanding sign shall be located at least five feet from any property line.

(7)

The identification sign shall contain no information other than one or more of the following items:

(a)

The street address.

(b)

The name of the establishment.

(c)

The name of the proprietor.

(d)

A small logo or other decorative symbol.

(8)

In addition to the parking required for the dwelling, one parking space shall be provided for each sleeping room offered to overnight guests.

(9)

Off-street parking shall not be located in any required front or side yard. Parking located in the rear yard shall be screened from adjoining properties by a compact six-foot-high evergreen hedge.

Billboards, subject to:

(1)

All billboards shall be subject to the express standards and criteria contained in § 180-89 of this chapter.

Boarding stable; riding academy, subject to:

(1)

The minimum site shall be 10 acres.

(2)

The site proposed for a riding academy where invitational shows or competitions will be held shall have frontage on an arterial or collector street or shall have direct vehicular access to an arterial or collector street within 2,000 feet of a property boundary.

(3)

The applicant for a riding academy where invitational shows or competitions will be held shall submit a traffic impact study, as defined in § 180-7.

(4)

Adequate parking areas with a dust-free, all-weather surface shall be provided to accommodate vehicles and horse trailers anticipated during peak use of the facility.

(5)

Parking areas shall be located at least 50 feet from any property line.

(6)

Outdoor lighting, if any, shall be limited to security lighting for the parking areas and the building perimeter.

(7)

Indoor riding arenas and outdoor riding rings or riding arenas shall be located at least 300 feet from any property line.

(8)

Bridle paths shall be located at least 50 feet from any property line.

(9)

No camping or other overnight accommodations shall be permitted on the site.

(10)

There shall be no retail sales area on the site and no display of merchandise offered for sale on the premises; however, retail sales of riding equipment and clothing may be offered to participants using catalogs or samples, provided orders are delivered direct to the purchaser.

(11)

The use shall be subject to the requirements of § 180-75.

Car wash, subject to:

(1)

All automated washing facilities shall be in a completely enclosed building, as defined by this chapter. All other car-washing facilities shall be under a roofed structure that has at least two walls.

(2)

Coin-operated self-service establishments shall have an attendant on duty at all times when the facility is open for business.

(3)

Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.

(4)

Standing spaces shall be provided in accordance with the requirements specified in § 180-73 for drive-through facilities.

(5)

The facility shall be connected to public water and public storm sewers.

(6)

Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.

Cemetery, subject to:

(1)

A minimum site of 10 acres is required.

(2)

A drainage plan shall be submitted with the application for the use showing existing and proposed runoff characteristics.

(3)

A groundwater study prepared by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application.

(4)

Plans for ingress/egress to the site shall be referred to the Borough Police Department for comments regarding public safety.[1]

[1]

Editor's Note: As to the Police Department generally, see Ch. 29 in this Code.

(5)

All property lines adjoining property in an R-A, R-1, R-2 or R-3 District shall be screened by Buffer Area B, as described in § 180-69A of this chapter.

(6)

All maintenance equipment shall be properly stored in a completely enclosed building, as defined herein, when not is use.

(7)

In-ground burial sites shall comply with the setbacks required for principal structures in the zoning district. All mausoleums, chapels and other structures shall not be located within 100 feet of any property line adjoining property in an R-A, R-1, R-2 or R-3 District.

Churches, schools (public and private) and public buildings, subject to:

(1)

The minimum lot area required for a secondary or postsecondary school shall be 10 acres. The minimum lot area required for all other uses shall be two acres.

(2)

The site proposed for a postsecondary school shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

(3)

If a residential facility (such as a convent or monastery) is proposed as part of a church, no more than 10 persons shall be housed.

(4)

A dwelling (such as a manse or parsonage) may be located on the same lot with a church, provided all requirements of this chapter for single-family dwellings in the zoning district can be met in addition to the minimum lot area, lot width and yard requirements applicable to the church.

(5)

Dormitories, if proposed, shall be accessible on all sides of the building by fire-fighting equipment.

(6)

If dormitories are proposed, they shall be set back at least 500 feet from any property line adjoining property in an R-A, R-1, R-2 or R-3 Zoning District and at least 200 feet from any other property line.

(7)

In addition to dormitories, other supporting facilities may include a dining hall, a student union and a library. Passive recreation and indoor entertainment, as defined herein, may also be included.

(8)

All uses shall be landscaped along any property line adjoining property in an R-A, R-1, R-2 or R-3 District by Buffer Area B, as described in § 180-69A of this chapter.

(9)

Ingress and egress to and from churches, police stations and municipal maintenance facilities shall be located so as to maximize sight distance along adjacent public streets and enhance safety for vehicles exiting the property.

(10)

Police stations and municipal maintenance facilities shall be located on the property so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.

(11)

All buildings shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by fire-fighting equipment.

(12)

All outside storage, including trash dumpsters, shall be completely enclosed by a six-foot-high hedge or solid fence.

(13)

The proposed use shall have direct access to a public street with sufficient capacity to accommodate the traffic generated by the proposed use.

(14)

Pedestrian walkways shall be provided to connect buildings, parking areas and other supporting facilities.

(15)

Any proposed low-impact active recreation or high-impact active recreation, as defined herein, shall be further subject to compliance with the applicable standards and criteria of § 180-66A.

Communications antennas and distributed antenna systems (DAS) mounted on an existing building or existing public utility storage or transmission structure or on an approved communications tower, subject to:

(1)

Building-mounted antennas and DAS shall not be permitted on any dwelling.

(2)

The applicant shall demonstrate that the electromagnetic fields associated with the proposed antennas comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).

(3)

The applicant shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.

(4)

Building-mounted antennas or DAS shall be permitted to exceed the height limitations of the district by no more than 20 feet. Antennas mounted on an existing public utility or transmission structure shall not project more than 20 feet above the height of the structure.

(5)

Omnidirectional or whip antennas or DAS shall not exceed 20 feet in height or seven inches in diameter.

(6)

Directional or panel antennas shall not exceed five feet in height or two feet in width.

(7)

Satellite and microwave dish antennas mounted on the roof of a building shall not exceed six feet in diameter.

(8)

Satellite and microwave dish antennas mounted on an existing public utility storage or transmission structure shall not exceed two feet in diameter.

(9)

The height and location of the proposed antennas or DAS shall be designed so that, in the event of collapse, the antennas will fall within the boundaries of the property on which they are to be located.

(10)

The applicant proposing a building-mounted antenna or DAS shall submit evidence from a structural engineer certifying that the proposed installation will not exceed the structural capacity of the building considering wind and other loads associated with the antenna's location.

(11)

Evidence of lease agreements and easements necessary to provide access to the building or structure for installation and maintenance of the antennas or DAS and placement of the equipment cabinet or equipment building shall be provided to the Borough.

(12)

The placement of the equipment cabinet or equipment building shall not obstruct the free flow of traffic on the site, shall not reduce any parking required or available for other uses on the site and shall not obstruct any right-of-way or easement without the permission of the owner or grantor of the right-of-way or easement.

(13)

Unless located within a secured building, the equipment cabinet or equipment building shall be fenced by a ten-foot-high chain-link security fence with locking gate. If the equipment cabinet or equipment building is visible from any public street or adjoining property in an R-A, R-1, R-2 or R-3 District, the equipment cabinet or equipment building shall be screened by a minimum six-foot-high compact evergreen hedge.

(14)

If vehicular access to the equipment cabinet or equipment building is not provided from a public street or paved driveway or parking area, an easement or right-of-way shall be provided that has a minimum width of 20 feet and that shall be improved with a dust-free, all-weather surface for its entire length.

(15)

At least one off-street parking space shall be provided on the site within a reasonable walking distance of the equipment cabinet or equipment building to facilitate periodic visits by maintenance workers.

(16)

No advertising is permitted anywhere on the facility, with the exception of identification signage. No sign or other structure shall be mounted on the antenna or DAS, except as may be required or approved by the FCC, FAA or other governmental agency.

(17)

Any decision to deny a request to place, construct or modify a wireless telecommunications antenna shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning Commission and Borough Council.

(18)

All applications for new antennas or DAS shall receive approval or denial within 150 days.

(19)

All antennas or DAS structures shall be fitted with anticlimbing devices as approved by the manufacturer for the type of installation proposed.

(20)

No antennas or DAS shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).

(21)

All antennas or DAS shall include signage at the base of the structure providing the owner's name and contact information.

(22)

The antenna or DAS shall be screened in a manner that renders it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened, roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.

Communications tower, subject to:

(1)

The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a communications tower.

(2)

Any applicant proposing a new freestanding communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the antenna on an existing building or other structure or an existing communications tower. A good faith effort shall require that all owners within a one-quarter-mile radius of the proposed site be contacted and that one or more of the following reasons for not selecting an alternative existing building or communications tower or other structure apply:

(a)

The proposed equipment would exceed the structural capacity of the existing building, communications tower or other structure, and reinforcement of the existing building, tower or other structure cannot be accomplished at a reasonable cost.

(b)

The proposed equipment would cause RF (radio frequency) interference with other existing or proposed equipment for that building, tower or other structure, and the interference cannot be prevented at a reasonable cost.

(c)

Existing buildings, communications towers or other structures do not have adequate space to accommodate the proposed equipment.

(d)

Addition of the proposed equipment would result in NIER (nonionizing electromagnetic radiation) levels that exceed any adopted local, federal or state emission standards.

(3)

The applicant shall demonstrate that the proposed communications tower and the electromagnetic fields associated with the antennas proposed to be mounted thereon comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).

(4)

The applicant for the communications tower shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.

(5)

The maximum height of a communications tower shall be 195 feet.

(6)

The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to function effectively.

(7)

The setback from all property lines (excluding lease lines) required for the communications tower shall be 110% of the height of the tower.

(8)

The height of the communications tower shall be measured from the ground level to the top point of the tower or top point of the highest communications antenna, whichever is higher.

(9)

Communications towers shall be set back from all overhead electrical transmission or other aboveground lines a distance equal to the height of the tower.

(10)

A communications tower shall not be located on any property that is listed on an historic register or in an official designated state or federal historic district.

(11)

Communications towers shall not be located closer than 2,500 feet to another communications tower measured as a horizontal straight-line distance between the towers.

(12)

The communications tower shall be designed and constructed to all applicable standards of the American National Standards Institute ANSI/EIA-222-Manual, as amended.

(13)

A soils 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 of the communications tower and anchors for the guy wires, if used. The soils report shall be signed and sealed by an engineer registered in the Commonwealth of Pennsylvania.

(14)

The communications tower and all appurtenances, including guy wires, if any, and the equipment cabinet or equipment building shall be enclosed by a minimum ten-foot-high chain link security fence with locking gate.

(15)

The applicant shall submit evidence that the communications tower and its method of installation has been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with the Uniform Construction Code (UCC) and accepted engineering practice.

(16)

Equipment cabinets and equipment buildings shall comply with the height and yard requirements of the zoning district for accessory structures. Setbacks shall be measured from the lease lines.

(17)

Access shall be provided to the communications tower and equipment cabinet or equipment building by means of a public street or right-of-way to a public street. The right-of-way shall be a minimum of 20 feet in width and shall be improved with a dust-free, all-weather surface for its entire length.

(18)

Recording of a plat of subdivision shall not be required for the lease parcel on which the communications tower is proposed to be constructed, provided the equipment building is proposed to be unmanned and the required easement agreement for access to the lease parcel is submitted for approval by the Borough.

(19)

Approval of a land development plan, prepared in accordance with the requirements of Chapter 163, Subdivision and Land Development, of the Borough Code, shall be required for all communications towers.

(20)

The owner of the communications tower shall be responsible for maintaining the parcel on which the tower is located, as well as the means of access to the tower, including clearing and cutting of vegetation, snow removal and maintenance of the access driveway surface.

(21)

The owner of any communications tower that exceeds 50 feet in height shall submit to the Borough proof of an annual inspection conducted by a structural engineer at the owner's expense and an updated tower maintenance program based on the results of the inspection. Any structural faults shall be corrected immediately and reinspected and certified to the Borough by a structural engineer at the owner's expense.

(22)

The owner of the communications tower shall notify the Borough immediately upon cessation or abandonment of the operation. The owner of the communications tower shall enter into an agreement with the Borough guaranteeing that the tower shall be dismantled and removed within six months of the cessation of operations, if there is no intention to continue operations, evidenced by the lack of an application to the Borough to install antennas on the existing tower. If the owner of the communications tower fails to remove the tower, then, the landowner shall be responsible for its immediate removal. Failure to remove an abandoned communications tower shall be subject to the enforcement provisions of § 180-109 of this chapter.

(23)

All communications tower structures shall be fitted with anticlimbing devices as approved by the manufacturer for the type of installation proposed.

(24)

All antennas and communications tower structures shall be subject to all applicable Federal Aviation Administration (FAA) and Airport Zoning regulations.

(25)

No sign or other structure shall be mounted on the communications tower structure, except as may be required or approved by the FCC, FAA or other governmental agency.

(26)

The exterior finish of the communications tower shall be compatible with the immediate surroundings. The tower, the equipment cabinet or equipment building and the immediate surroundings shall be properly maintained.

(27)

The base of the communications tower shall be landscaped suitable to the proposed location of the tower, if the base of the tower is visible from adjoining streets or residential properties.

(28)

At least one off-street parking space shall be provided on the site to facilitate periodic visits by maintenance workers.

(29)

No antenna or communications tower structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).

Community club or community swimming pool, subject to:

(1)

The community club or community swimming pool shall be limited to use by the residents or members and their invited guests. Rental of the facilities to nonresidents or nonmembers shall not be permitted.

(2)

The pool and bathing area shall be completely enclosed by a wall or fence so as to prevent uncontrolled access by children from the street or adjacent properties. The area immediately outside the enclosure shall be suitably landscaped with grass, hardy shrubs and trees and shall be maintained in good condition.

(3)

All pools shall have permanent access to a public street.

(4)

The pool shall be constructed in accordance with all applicable requirements of the Uniform Construction Code (UCC).

(5)

No direct or sky-reflected glare, whether from floodlights or any other kind of lights, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.

(6)

Off-street parking shall be provided in accordance with the requirements of § 180-81C of this chapter for swimming pools or community clubs.

(7)

Parking areas that adjoin property in an R-A, R-1, R-2 or R-3 District shall be screened by Buffer Area B, as described in § 180-69A of this chapter.

(8)

Activities on the site shall comply with the noise standards specified in § 180-68C. Doors and windows in the building shall remain closed during any entertainment involving a speaker system and/or amplification. Outdoor speakers shall not be permitted.

Comparable uses not specifically listed, subject to:

(1)

Uses of the same general character as any of the uses authorized as permitted uses by right, conditional uses or uses by special exception in the zoning district in which the property is located shall be allowed, if the Zoning Hearing Board determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any comparable use specifically listed in the zoning district. In making such determination, the Zoning Hearing Board shall consider the following characteristics of the proposed use:

(a)

The number of employees;

(b)

The floor area of the building or gross area of the lot devoted to the proposed use;

(c)

The type of products, materials and equipment and/or processes involved in the proposed use;

(d)

The magnitude of walk-in trade;

(e)

Hours of operation;

(f)

The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 180-68 of this chapter; and

(g)

For those uses included in the most recent edition of the Standard Industrial Classification Manual published by the Office of Management and Budget, whether the proposed use shares the same SIC code or major group number as one or more uses that are specifically listed in the zoning district.

(2)

The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.

(3)

The proposed use shall comply with any applicable express standards and criteria specified in this article for the most nearly comparable use by special exception or conditional use listed in the zoning district in which the comparable use is proposed.

(4)

The proposed use shall be consistent with the purpose statement for the zoning district in which it is proposed and shall be consistent with the community development objectives of this chapter.

Data center.

(1)

Data centers that are ancillary to another primary use arc permitted if they:

(a)

Occupy no more than 10% of the building footprint;

(b)

Are used to serve the enterprise functions of the on-site property owner and are not used to lease data storage and processing services to third parties; and

(c)

Are not housed in a separate stand-alone structure on the parcel.

(2)

Before a data center is constructed within an Industrial Zoning District, the property owner proposing to build a data center must comply with the following:

(a)

The data center operator or property owner must notify residents within a half-mile radius of the parcel, including any affiliated homeowners' associations operating within the half-mile radius, that the property owner intends to build and operate a data center on the property. The notice required in this section must be mailed to all postal addresses and homeowners' association addresses contained within a half-mile radius extending from the property line where the proposed data center will be built.

(b)

The data center operator must schedule and attend two neighborhood meetings with residents to describe the project and the proposed sound-mitigation aspects of the project design. Notice of the neighborhood meetings must be mailed to all residents and homeowners' associations within a half-mile radius of the parcel. A representative of the developer or owner with decision-making authority on the design of the data center must attend the neighborhood meetings. The data center operator or property owner must also post a sign on the subject property, at least 15 days before each neighborhood meeting, in accordance with design standards specified in § 180-86. The sign must be located along an arterial street or other high-visibility location as reasonably determined by the Planning Commission. The content of the sign shall: (i) be consistent with the Borough's generally applicable sign guidelines for posting signs for notification of neighborhood meetings; (ii) include the applicant's name and contact information, a brief description of the data center project, and the date, time, and location of the neighborhood meeting; and (iii) must be reviewed and approved by the Planning Commission before installation. The applicant must remove the sign at the conclusion of the citizen review process.

(3)

Upon request by Borough staff after issuance of a certificate of occupancy and commencement of the operation of the data center, the operator of a data center must provide an on-site neighborhood liaison between the hours of 8:00 a.m. and 10:00 p.m. EST each day to respond to complaints about noise emanating from the data center.

(4)

Before the first neighborhood meeting is held, the property owner proposing to build a data center must conduct a sound study performed by a third-party acoustic engineer to document baseline sound levels in the area of the proposed data center, including noise levels measured at the property line of the nearest property to the data center property that is planned or zoned for residential land uses, or other noise-sensitive use as reasonably determined by the Planning Commission. The property owner must provide a copy of the results of the study to the Borough before the first neighborhood meeting.

(5)

The data center must be designed and built to incorporate sound mitigation methods sufficient to prevent the sound levels emanating from the data center (as determined by a third-party acoustic engineer) from exceeding the ambient noise levels that were observed in the baseline study. Design specifications for such sound mitigation must be provided to the Borough before building permit approval.

(6)

Upon issuance of a certificate of occupancy or certificate of completion, whichever occurs first, the data center operator must conduct a noise study performed by a third-party acoustical engineer to document noise levels emanating from the data center measured at the property line of the nearest property to the data center property that is planned or zoned for residential land uses, or other noise-sensitive use as reasonably determined by the Zoning Administrator during peak operation of the data center mechanical equipment. The data center operator must also conduct an additional noise study, as measured at the property line of the nearest property to the data center property that is planned or zoned for residential land uses, or other noise-sensitive use as reasonably determined by the Planning Commission, annually during peak operation of the data center mechanical equipment for five years after completion of the initial post-construction noise study. The data center operator must provide the results of the noise study to the Borough within 30 days of the anniversary of the date on which the certificate of occupancy or certificate of completion was issued by the Borough.

(7)

If the data center operator intends to use backup power generators on the parcel, the operator must maintain a public website announcing the times when the generators will be in operation. Any routine operation of the backup generators, including for testing purposes, must be announced on the website at least 24 hours in advance. The operator shall also notify the Borough of Economy at least 24 hours in advance of a test. Unless the generators are supplying backup electrical supply during a power outage, backup generators may operate between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. Upon request by Borough staff, the data center operator must provide the address of the website where the notices required by this section are published.

(8)

Parking requirements for a data center shall be one space per employee on peak shift, as provided for in § 180-81, Off-street parking requirements, unless it is otherwise determined that additional parking spaces are necessary as an outcome of a Traffic Impact Study.

(9)

Vehicle ingress and egress to and from a data center shall be designed to accommodate the anticipated vehicles used to service the facility.

(10)

A Buffer Area A, as prescribed in § 180-69A(1), shall be planted where a data center abuts a residential property line, a road right-of-way, or a residential zoning district.

(11)

The facility must not be within 3,000 feet of another data center.

(12)

A data center owner shall comply with any other lawful and applicable requirements or restrictions imposed by state and/or local laws or regulations.

Day-care center or preschool facility, subject to:

(1)

The facility shall be licensed by the Commonwealth of Pennsylvania. All licensing requirements of the commonwealth shall be maintained throughout the operation of the facility. Evidence of the license shall be a condition precedent to granting a certificate of occupancy under this chapter. Failure to maintain the required license shall be a violation of this chapter and shall be subject to the enforcement provisions of § 180-109.

(2)

In the R-A, R-1, R-2 and R-3 Zoning Districts, the facility shall be permitted to be located only in a church or school. In the C-1 Zoning District, this restriction shall not apply.

(3)

Outdoor play areas shall be provided that shall have a minimum area of 65 square feet per child and that shall be secured by a fence with a self-latching gate. The location of the outdoor play area shall take into account the relationship of the play area to adjoining properties.

(4)

Outdoor play areas shall be screened from adjoining properties by Buffer Area C, as described in § 180-69A of this chapter.

(5)

The general safety of the property proposed for a day-care center or preschool facility shall meet the needs of small children. There shall be no potential hazards in the outdoor play area.

(6)

There shall be a safe and accessible area for dropping off and picking up the children or elderly or handicapped clients.

(7)

Off-street parking shall be provided in accordance with the requirements of Article XIII of this chapter.

(8)

The facility shall not provide overnight care.

(9)

In the R-A, R-1, R-2 and R-3 Districts, the facility shall cease operations between 9:00 p.m. and 6:00 a.m., prevailing time.

(10)

The facility shall comply with the Uniform Construction Code (UCC), the International Fire Code, as adopted by the Borough and the local requirements of the Borough Fire Marshal.

Equipment storage yard, subject to:

(1)

The minimum site required for an equipment storage yard shall be five acres.

(2)

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

(3)

All areas used for storage and movement of equipment shall be improved with a dust-free, all-weather surface. Any areas not paved with hard surface shall have a dust control plan that is submitted to the Borough Engineer for review and approval.

(4)

Buffer Area B, as described in § 180-69A of this chapter, shall be provided along all property lines adjoining property in an R-A, R-1, R-2 or R-3 District.

(5)

No repair of vehicles or equipment shall be permitted outside a completely enclosed building, as defined herein.

(6)

All operations shall comply with the performance standards of § 180-68 of this chapter.

(7)

Engines shall not be started or kept running before 6:30 a.m. or after 8:00 p.m. if the site is located within 500 feet of an existing dwelling, measured from any site boundary to any wall of an existing dwelling.

(8)

All lighting shall be shielded and reflected away from streets and any adjoining residential properties.

(9)

A stormwater management plan to control runoff of surface water shall be submitted for review and approval by the Borough Engineer.

Family day-care home, subject to:

(1)

All of the applicable criteria for a home occupation specified in § 180-66U shall be met.

(2)

Evidence shall be submitted that all applicable requirements of the Pennsylvania Department of Public Welfare have been met and continuing compliance shall be maintained.

(3)

An adequate and safe off-street area shall be provided for dropping off and picking up children.

(4)

An adequate outdoor play area shall be provided and shall be secured by a fence with a self-latching gate. Such play area shall be screened from adjoining residential properties by a minimum four-foot-high compact, dense evergreen hedge or opaque fence.

(5)

Outdoor play areas shall have a minimum area of 400 square feet.

Fire and emergency medical services, subject to:

(1)

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.

(2)

The minimum lot area required shall be one acre.

(3)

Ingress and egress from the site shall be designed so as to maximize sight distance along the adjacent public streets and enhance safety for vehicles exiting the site, as well as those traveling on the streets.

(4)

Buildings shall be located so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow on or blocking any public street.

(5)

If a fire service building includes a rental hall or banquet facilities, the following criteria shall be met:

(a)

Any rental of the facility to nonmembers shall require on-site management and/or security personnel during the event.

(b)

Off-street parking for the facility or rental hall shall be provided in accordance with the requirements of § 180-81C for restaurants.

(c)

Activities on the site and within the building shall comply with the noise standards specified in § 180-68C.

(d)

If entertainment is presented, doors and windows shall remain closed during any entertainment involving a speaker system and/or amplification.

(6)

Parking areas adjoining property in an R-A, R-1, R-2 or R-3 District shall be screened by Buffer Area C, as described in § 180-69A.

Golf course; golf or country club, subject to:

(1)

Golf courses and golf or country clubs shall have a minimum site of 50 acres; driving ranges and putting courses shall have a minimum site of 20 acres.

(2)

Clubhouses shall be located at least 100 feet from any property line adjoining property in any R-A, R-1, R-2 or R-3 Zoning District and at least 50 feet from all other property lines.

(3)

The clubhouse and all parking areas shall be screened from any adjoining property in an R-A, R-1, R-2 or R-3 Zoning District by Buffer Area B, as described in § 180-69A of this chapter.

(4)

Where eating and/or drinking facilities are provided, parking requirements for restaurants shall apply in addition to the parking requirements for golf courses.

(5)

Where a swimming pool is provided, parking requirements for swimming pools shall apply in addition to the parking requirements for golf courses.

(6)

Outdoor operations shall be discontinued between the hours of 11:00 p.m. and 6:00 a.m.

(7)

Any driving range that is proposed to be illuminated shall provide a photometric plan and cross sections showing impacts on adjoining properties and shall be subject to testing after installation to show compliance with § 180-68G.

(8)

The backstop for any driving range shall be buffered from adjacent residential properties using a combination of landscaping, earthen mounding and natural materials to minimize the visual impact.

Group-care facility, personal-care boarding home or transitional dwelling, subject to:

(1)

The minimum area and bulk regulations for a group-care facility, personal-care boarding home or transitional dwelling shall be the same as those required for all other principal uses in the zoning district in which the facility is located.

(2)

In the R-A District, a group-care facility, personal-care boarding home or transitional dwelling shall only be located on a lot that has frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

(3)

In the R-A District, the maximum number of residents housed in a group-care facility, personal-care boarding home or transitional dwelling shall be 10.

(4)

In the R-3 District, a personal-care boarding home shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

(5)

In the R-3 District, the maximum number of residents housed in a personal-care boarding home shall be 10.

(6)

No group-care facility, personal-care boarding home or transitional dwelling shall be located within 500 feet of another existing or proposed group-care facility, personal-care boarding home or transitional dwelling.

(7)

Adequate provisions shall be made for access for emergency medical and fire-fighting vehicles.

(8)

Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

(9)

Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs, and the area shall be secured by a fence with self-latching gate.

(10)

Where applicable, licensing or certification by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy, and a copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.

Home occupation, subject to:

(1)

The home occupation shall be carried on by a member of the family residing in the dwelling unit. No more than one person who is not a resident of the dwelling unit shall be employed in the dwelling unit.

(2)

No more than 15% of the gross floor area of the principal dwelling shall be devoted to the conduct of the home occupation.

(3)

In the R-1, R-2 and R-3 Districts, the home occupation shall be carried on wholly within the principal dwelling. The home occupation shall not be conducted in any accessory structure. In the R-A District, the home occupation may be carried on in an accessory structure, provided the gross floor area of the accessory structure devoted to the home occupation shall not exceed 15% of the gross floor area of the principal dwelling.

(4)

There shall be no mass production of products that involves processing of raw materials on the premises of the home occupation. Assembly of products from finished materials may be accomplished on the premises.

(5)

A limited number of samples of articles produced on the premises may be displayed for the purposes of accepting orders. Articles produced on the premises shall be displayed in quantity only off the premises at a retail outlet, consignment shop or product or craft show.

(6)

There shall be no display on the premises of merchandise available for sale that has been produced off the premises; however, merchandise may be stored on the premises for delivery off the premises, such as Amway, Tupperware or similar products stored for distribution to customers or salespersons at their residence or place of business. In addition, small amounts of products may be sold as an accessory use to the principal use, such as sale of beauty products accessory to a beauty shop and similar situations.

(7)

There shall be no exterior displays or signs, either on or off the premises, other than a small identification sign no more than one square foot in surface area containing only the name of the resident and the nature of the home occupation which may be attached to the wall of the dwelling or to the mailbox.

(8)

The use shall not require internal or external alterations or construction features that are not customary to a dwelling or that change the fire rating of the structure.

(9)

Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 180-68 of this chapter.

(10)

The use shall not significantly intensify vehicular or pedestrian traffic beyond that which is normal for the residences in the neighborhood.

(11)

There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.

(12)

The use shall not cause an increase in the use of water, sewage, electricity, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.

(13)

In the R-1, R-2 and R-3 Districts, the home occupation shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises, and commercial vehicles shall not be parked on the premises.

(14)

Materials or equipment used in the home occupation shall not be stored outside.

(15)

Any home occupation where customers, clients or students routinely visit the premises shall provide a paved off-street parking area in accordance with the requirements of Article XIII for the specific use in addition to the spaces required for the dwelling.

(16)

The following are examples of permitted home occupations, provided all of the foregoing criteria are met:

(a)

Artist, photographer or handicrafts studio.

(b)

Beauty shop or barbershop containing no more than two chairs.

(c)

Catering off the premises.

(d)

Contracting business, as defined herein, excluding landscaping contractor.

(e)

Computer programmer, data processor, writer.

(f)

Consultant, clergy, counselor, bookkeeping, graphics or drafting services.

(g)

Dressmaker, tailor.

(h)

Professional offices that involve routine visitation by customers or clients.

(i)

Housekeeping or custodial services.

(j)

Interior designer.

(k)

Jewelry and/or watch repair, not including wholesale or retail sales.

(l)

Locksmith.

(m)

Mail order business.

(n)

Manufacturer's representative.

(o)

Repair shop, as defined herein, only in the R-A District.

(p)

Telemarketing.

(q)

Travel agent.

(r)

Tutoring or any other instruction to no more than five students at any one time.

(s)

Word processing, typing; secretarial services.

(17)

The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception, including, but not limited to:

(a)

Beauty shops or barbershops containing more than two chairs.

(b)

Blacksmith or metalworking.

(c)

Boarding stables or riding academies.

(d)

Contractor's Yard.

(e)

Funeral homes.

(f)

Group-care facility, personal-care boarding home or transitional dwelling.

(g)

Kennels.

(h)

Landscaping contractor.

(i)

Medical clinics, hospitals or nursing homes.

(j)

Private clubs.

(k)

Tutoring or any other instruction to more than five students at a time.

(l)

Restaurants or tea rooms.

(m)

Retail or wholesale sales; flea markets.

(n)

Sale of guns, firearms and ammunition.

(o)

Tanning or massage salon.

(p)

Tourist or boarding home, other than bed-and-breakfast.

(q)

Vehicle or equipment rental, repair or sales.

(r)

Vehicle repair garages.

(s)

Veterinary clinic.

(18)

The acceptability of any proposed home occupation not specifically listed above shall be determined by the Zoning Hearing Board in accordance with the standards of this § 180-66U and the applicable criteria for comparable uses not specifically listed in § 180-66M.

Hospital; nursing home, subject to:

(1)

The minimum lot area required for a hospital shall be 10 acres. The minimum lot area required for a nursing home shall be five acre.

(2)

The property shall be served by public water and public storm and sanitary sewers.

(3)

All hospitals and nursing homes shall be licensed by the commonwealth.

(4)

Water pressure and volume shall be adequate for fire protection.

(5)

Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.

(6)

The parking and circulation plan shall be referred to the local Police Department and fire company for comments regarding traffic safety and emergency access.

(7)

Nursing homes shall have a bed capacity of at least 20 beds but no more than 200 beds.

(8)

All property lines adjoining property in an R-A, R-1, R-2 or R-3 District shall be screened by Buffer Area B, as described in § 180-69A of this chapter.

(9)

Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).

(10)

A private use helipad for air ambulances shall be permitted as part of a hospital, provided all of the criteria in § 180-66GHH are met:

Junkyard, subject to:

(1)

The minimum site required shall be 20 acres.

(2)

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

(3)

The premises shall be maintained so as to not constitute a nuisance or menace to public health and safety.

(4)

No garbage, hazardous materials or hazardous waste, as defined by federal statute, or other organic waste shall be stored on the premises.

(5)

The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 180-109 of this chapter.

(6)

The manner of storage of junk or other materials or equipment on the site shall facilitate access for firefighting, shall prevent hazards from fire or explosion and shall prevent the accumulation of stagnant water.

(7)

The junkyard operation shall comply with the performance standards of § 180-68 of this chapter.

(8)

No junk shall be stored or accumulated and no structure shall be located within 300 feet of any dwelling or within 100 feet of any property line or public street.

(9)

The premises shall be enclosed by a metal chain link fence not less than eight feet in height supported on steel posts with a self-latching gate. The fence shall be located on the inside of the buffer area required by Subsection V(11), below, and shall be maintained in good condition.

(10)

The fence shall be supplemented with screening material that creates a visual barrier that is at least eighty-percent opaque.

(11)

Buffer Area A, as described in § 180-69A of this chapter, shall be provided along all property lines adjoining property in an R-A, R-1, R-2 or R-3 District.

(12)

The site shall be designed utilizing natural topography and/or constructed earthen mounds so as to obstruct visibility from adjacent public streets and properties.

(13)

The operator shall submit a stormwater management plan to control runoff for review and approval by the Borough Engineer.

(14)

The operator shall obtain a license from the Borough prior to initiating operations that shall be renewable annually upon payment of the required license fee established from time to time by resolution of Borough Council and subject to inspection by the Zoning Officer to determine continuing compliance with these standards.

Kennel; animal shelter, subject to:

(1)

In the R-A District, kennels shall be accessory to a farm or, when proposed as a principal use, shall have a minimum site area of five acres.

(2)

The kennel shall be licensed by the commonwealth. Animal shelters shall obtain a kennel license, if required by the commonwealth.

(3)

Outdoor kennels, outdoor runs or other outdoor shelter facilities shall be located at least 300 feet from any occupied dwelling on an adjacent lot and at least 200 feet from any property line adjoining property in an R-1, R-2 or R-3 District.

(4)

Outdoor runs, outdoor shelter facilities and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a minimum six-foot-high fence with self-latching gate and shall be screened by Buffer Area C, as described in § 180-69A of this chapter.

(5)

The operator shall submit an animal waste management and disposal plan to the Borough.

(6)

Domestic pets kept in an outdoor kennel or outdoor animal shelter shall be limited to a maximum of 10 animals on the first five acres, plus two animals for each additional acre or portion thereof, up to 10 acres or more. There shall be no limit on the number of animals kept on properties of 10 acres or more.

Life-care community, subject to:

(1)

The minimum site required for a life-care community shall be 25 acres.

(2)

The site proposed for a life-care community, as defined herein, shall have frontage on and direct vehicular access to a street defined by this chapter as an "arterial street" or a "collector street." Access to local Borough streets shall not be permitted, except that a secondary controlled "emergency only" access may be provided from a local Borough street, if approved by the Borough.

(3)

A life-care community shall include one or more of the following dwelling types:

(a)

Single-family dwellings.

(b)

Two-family dwellings.

(c)

Triplexes; quadraplexes.

(d)

Townhouse buildings containing no more than eight dwelling units per building.

(e)

Garden apartment buildings.

(4)

In addition to the foregoing dwelling types, a life-care community shall include the following supporting uses:

(a)

Common leisure and/or recreational areas.

(b)

Common dining area.

(c)

Nursing home, licensed by the commonwealth, and/or personal-care boarding home, licensed by the commonwealth, and/or assisted-living facility and/or independent-living facility.

(5)

In addition, a life-care community may include one or more of the following supporting uses, subject to approval by the Borough:

(a)

Postal station for use of the residents and staff only.

(b)

Banking facility for use of the residents only.

(c)

Pharmacy and/or medical offices for use of the residents only.

(d)

Personal services for the use of the residents only, including beauty shop, barbershop, common laundry facilities, dry-cleaning valet.

(e)

Ice cream parlor and/or florist/gift shop for the use of residents and their invited guests only.

(f)

Adult day-care center licensed by the commonwealth.

(g)

Taxi, van or similar transportation services for the residents.

(6)

The maximum dwelling unit density permitted in a life-care community shall be 12 dwelling units per acre. The calculation of dwelling unit density shall not include beds in a nursing home or personal-care boarding home.

(7)

All principal and accessory structures shall be located at least 75 feet from any property line adjoining property in an R-A, R-1, R-2 or R-3 District. Along all other property lines, all principal and accessory structures shall be located at least 50 feet from the boundaries of the life-care community development site.

(8)

Where two or more principal buildings occupy the same lot, the minimum distance between the buildings shall be 20 feet.

(9)

Minimum lot area, lot width and setbacks for recorded lots proposed for dwellings within the life-care community development shall comply with the following requirements:

(a)

Minimum lot area:

[1]

Single-family, two-family, triplex or quadraplex: 6,000 square feet per dwelling unit.

[2]

Townhouse: 3,000 square feet per dwelling unit.

[3]

Garden apartment: one acre.

(b)

Minimum lot width:

[1]

Single-family, two-family, triplex or quadraplex: 50 feet.

[2]

Townhouse: 25 feet.

[3]

Garden apartment: 150 feet.

(c)

Front yard: 25 feet.

(d)

Side yard: 10 feet, unless attached to another unit.

(e)

Rear yard: 20 feet.

(10)

Buffer Area B, as described in § 180-69A of this chapter, shall be provided along all property lines adjoining property in any R-A, R-1, R-2 or R-3 District. The buffer area shall be located in the common areas and shall not be included in any individual lot containing a dwelling.

(11)

There shall be a minimum of two parking spaces for each single-family dwelling and one parking space for each other type of dwelling unit, plus one parking space for each employee on peak shift. In the event that a nursing home or personal-care boarding home is proposed, parking shall be provided in accordance with the requirements of § 180-81 of this chapter for those uses. Additional parking for the supporting uses intended for the residents and their invited guests shall not be required.

(12)

Sidewalks shall be provided to connect buildings, common outdoor areas and parking areas.

(13)

The site design shall include outdoor common areas, gathering places and passive or active recreation facilities appropriate to the needs of the residents. Common outdoor areas shall be attractively landscaped.

Medical marijuana dispensary.

(1)

A medical marijuana dispensary must be legally registered in the Commonwealth of Pennsylvania and shall possess a current valid medical marijuana permit from the Pennsylvania Department of Health.

(2)

A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building, and shall not be located within a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.

(3)

A medical marijuana dispensary may not operate on the same site as a facility used for the growing and processing medical marijuana.

(4)

Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measure to deter and prevent the theft of medical marijuana and unauthorized entrance into areas containing medical marijuana.

(5)

The permitted daily hours of operation for a medical marijuana dispensary shall be 8:00 a.m. to 8:00 p.m.

(6)

A medical marijuana dispensary shall not be permitted to have a drive-through service.

(7)

A medical marijuana dispensary may only dispense medical marijuana to certified patients and medical marijuana caregivers, and shall comply with all lawful, applicable state and local health regulations.

(8)

A medical marijuana dispensary may sell medical devices and instruments which are needed to administer medical marijuana.

(9)

A medical marijuana dispensary shall comply with the separation requirements provided within the Pennsylvania Medical Marijuana Act (2016 Act 16), as amended.[2] The separation distance shall be measured from lot line to lot line, regardless of the municipalities in which either lot is located.

[2]

Editor's Note: See 35 P.S. § 10231.101 et seq.

(10)

Parking requirements for a medical marijuana dispensary shall be one space per every 250 square feet of gross floor area, as provided for in § 180-81, Off-street parking requirements, unless it is otherwise determined that additional parking spaces are necessary as an outcome of a Traffic Impact Study.

(11)

Vehicular ingress and egress to and from a medical marijuana dispensary site shall be designed to accommodate the anticipated vehicles used to service the facility. A Traffic Impact Study may be required.

AA.

Medical marijuana grower/processor.

(1)

A medical marijuana grower/processor must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the Pennsylvania Department of Health.

(2)

A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health. The grower/processor facility shall not be located within a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.

(3)

The maximum floor area of a medical marijuana grower/processor shall be limited to 20,000 square feet, of which sufficient space must be set aside for secure storage of marijuana seeds, related finished product, and marijuana-related materials used in production or for required laboratory testing.

(4)

Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the Pennsylvania Department of Health Policy and shall not be placed within any unsecure refuse containers.

(5)

A medical marijuana grower/processor shall provide only wholesale products to other permitted medical marijuana uses. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.

(6)

A medical marijuana grower/processor shall not be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center.

(7)

Parking requirements for a medical marijuana grower/processor shall be one space per employee on peak shift, as provided for in § 180-81, Off-street parking requirements, unless it is otherwise determined that additional parking spaces are necessary as an outcome of a Traffic Impact Study.

(8)

Vehicle ingress and egress to and from a medical marijuana grower/processor shall be designed to accommodate the anticipated vehicles used to service the facility.

(a)

All vehicular access must secure the appropriate highway occupancy permit.

(9)

Any odor must be managed by ventilation and exhaust equipment with operable filtration so that any odors are effectively confined to the interior of the building. There shall be no emission of dust, fumes, vapors, odors, or waste into the environment that can be seen, smelled, or otherwise perceived beyond the facility.

(10)

A plan shall be provided demonstrating that all external and internal lighting, including light for nighttime growing, is shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(11)

A Buffer Area A, as prescribed in § 180-69A(1), shall be planted where a medical marijuana grower/processor abuts a residential property line, a road right-of-way, or a residential zoning district.

(12)

The facility must not be within 3,000 feet of another medical marijuana grower/processor facility.

(13)

A medical marijuana grower/processor shall comply with any other lawful and applicable requirements or restrictions imposed by state and/or local laws or regulations.

BB.

Mineral removal, subject to:

(1)

Removal of minerals encountered during the routine grading of a site for the purposes of an approved land development or for the construction of public improvements shall be excluded from these regulations and from the requirement to obtain approval of a conditional use application, provided evidence is presented to the Borough that all applicable requirements of the Pennsylvania Department of Environmental Protection (PA DEP) are met.

(2)

There shall be no removal of minerals or vegetative cover within 100 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geological Survey (USGS).

(3)

Mineral removal shall be prohibited in watersheds or rivers or streams now or hereafter designated by the Pennsylvania Fish Commission as a "wilderness trout stream," by the Pennsylvania Department of Environmental Protection as part of the Scenic Rivers System or designated under the Federal Wild and Scenic Rivers Act.

(4)

No mineral removal shall be conducted within 300 feet of the property line of any public building, school, church, community or institutional building, commercial building, public park or private recreational area.

(5)

No mineral removal shall be conducted within 100 feet of the outside right-of-way line of any public street, except where access roads or haulage roads join the right-of-way line and where the appropriate state or federal agency having jurisdiction over the conduct of mineral removal operations shall permit it in accordance with law.

(6)

No mineral removal shall be conducted that will adversely affect any publicly owned park or places included in the National Register of Historic Sites, unless approved by the governmental agency with jurisdiction over the park or historic site.

(7)

No mineral removal shall be conducted within 100 feet of the property line of a cemetery.

(8)

No mineral removal shall be conducted within 300 feet of the property line of an occupied dwelling, unless the consent of the owner has been obtained in advance of the filing of the application for conditional use approval.

(9)

The applicant shall submit to the Borough a copy of all materials provided to the Pennsylvania Department of Environmental Protection (PA DEP) with the permit application.

(10)

The applicant shall show the proposed routes of all trucks to be utilized for hauling and the estimated weights of those trucks. The applicant shall show evidence of compliance with designated weight limits on Borough streets and shall design the hauling routes for the mineral removal operation to minimize the impact on local streets within the Borough.

(11)

The operator shall post a bond in favor of the Borough and in a form acceptable to the Borough prior to beginning operations in the amount of $100,000 for each mile of Borough street or portion thereof proposed to be traversed for removing minerals from the site. The term of the bond shall begin on the date the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations, any backfilling and any reconstruction of a damaged roadway due to excess weight in excess of the posted weight for the street. Any failure to complete the reconstruction required by this chapter shall result in forfeiture of the required bond. Those portions of the Borough streets that have been damaged shall be determined by inspection of the Borough Engineer and shall be reconstructed to current Borough specifications for street construction.

(12)

Portions of the site where mineral removal operations are conducted may be required to be fenced or screened, as necessary, to provide security and protect adjacent properties.

(13)

No top-of-slope or quarry wall shall be located closer than 100 feet to any property or street line. The perimeter surrounding the area of operation shall be fenced with a chain link fence of a minimum height of six feet to prevent access by both animals and children.

(14)

No rock crusher, cement plant or other crushing, grinding, polishing or cutting machinery or other physical or chemical process for treating such products shall be permitted.

(15)

The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and federal permits, including proof of insurability, before initiating any work and shall maintain the required permits throughout the duration of all operations. Any suspension or revocation of the required state or federal permits shall constitute a violation of zoning approval and will result in the suspension or revocation of zoning approval and/or enforcement of the penalty provisions of this chapter.

(16)

If blasting is proposed, it shall be subject to approval by Borough Council. Applications for approval of blasting shall include the following information:

(a)

A site survey documenting the land uses on the perimeter of the site.

(b)

Photographs of preexisting conditions on immediately adjacent properties.

(c)

Credentials, certifications and experience of the contractor selected to perform the blasting.

(d)

References from previous projects of similar size and nature.

(e)

A geotechnical report prepared by a qualified geotechnical engineer documenting subsurface conditions on the site and the potential impacts on adjoining properties and recommendations to mitigate negative impacts.

(17)

If blasting is approved, a seismograph shall be placed on the site during all times when blasting is performed. Seismograph readings shall be monitored by an independent engineering consultant whose credentials are acceptable to the Borough and whose fee is paid by the applicant.

(18)

The applicant shall provide reclamation plans for the site that demonstrate that the condition of the land after the operation is completed will allow economically and ecologically productive uses of the type permitted in the district in which the site is located. Acceptance of the reclamation plan shall not constitute approval of any aspect of any future development plan.

(19)

Approval of the conditional use shall expire if work authorized in the application for the conditional use is not commenced within six months of the date of approval of the conditional use application by Borough Council, unless the applicant submits a written request for an extension prior to the expiration of the six months after the date of approval.

(20)

Once work is initiated under an approved application for conditional use, zoning approval shall be valid for a period of one year from the date of conditional use approval by Borough Council. An application for renewal of zoning approval shall be submitted prior to the expiration of zoning approval and shall be approved by the Zoning Officer upon demonstration by the applicant that all conditions of approval of the conditional use and the required federal and state permits remain in full force and effect and that the applicant is diligently pursuing the completion of the mineral removal operation.

(21)

During the mineral removal operation, the Borough Engineer may inspect the site at the request of Borough Council to determine continuing compliance with these standards and criteria and any conditions of approval. The cost of inspection by the Borough Engineer shall be borne by the operator.

CC.

Mini warehouse or self-storage building, subject to:

(1)

The minimum site area required shall be five acres.

(2)

The site shall have direct vehicular access to an arterial or collector street, as defined by this chapter.

(3)

Vehicular access to the site shall be limited to one two-way or two one-way driveways from each arterial or collector street on which the site has frontage.

(4)

All one-way driveways shall have a minimum of one ten-foot parking lane, plus one eighteen-foot travel lane.

(5)

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.

(6)

Each storage unit shall be adjacent to a parking lane.

(7)

All interior driveways shall be paved with an asphalt or similar surface sufficient for the loads the driveways are expected to bear.

(8)

Parking shall be provided in accordance with the following requirements:

(a)

Two spaces for manager's quarters, if proposed.

(b)

One space for each 50 storage units, which spaces shall be located near the manager's quarters or office to be used by prospective clients.

(9)

Buffer Area A, as described in § 180-69A, shall be provided along all property lines that adjoin property in an R-A, R-1, R-2 or R-3 District.

(10)

The perimeter of the site shall be fenced with a minimum eight-foot-high fence with self-latching gate. The fence shall be supplemented with screening material that creates a visual barrier that is at least 80% opaque. The buffer area, if required by Subsection Z(9) above, shall be located outside the perimeter fence.

(11)

The maximum building height shall be 20 feet.

(12)

The minimum distance between separate freestanding storage buildings shall be 20 feet.

(13)

The maximum length of any storage building shall be 200 feet.

(14)

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.

(15)

The maximum lot coverage by all buildings shall be 40%.

(16)

Office space may be provided which shall not exceed 5% of the total area devoted to storage.

(17)

No storage shall take place outside of an enclosed building.

(18)

Storage units shall not be equipped with water or sanitary sewer service.

(19)

No business activity other than rental of storage units shall be conducted on the premises.

(20)

Operations shall be regulated so that nuisances such as visual blight, glare, noise, blowing debris and dust shall not be created.

(21)

Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties.

(22)

The design of the storage buildings shall be sealed by a Pennsylvania-registered architect.

(23)

No sign shall be placed on the buildings or on their rooftops. One freestanding business identification sign shall be permitted that complies with the requirements of Article XIV of this chapter for the zoning district in which the use is located.

(24)

No hazardous materials or substances shall be permitted to be stored in the storage buildings other than those permitted by the Borough Fire Code. Both the landlord and the tenants of the storage buildings shall be responsible for the prevention of the storage of hazardous materials or substances in the storage buildings that would be beyond the allowance of the Borough Fire Code.

(25)

A minimum of one fire hydrant shall be provided on the site subject to the approval of the number and location of hydrants by the Borough Fire Marshal. The facility shall comply with all local fire codes.

DD.

Mobile home park, subject to:

(1)

The application shall comply with all applicable requirements of Chapter 163, Subdivision and Land Development, of the Borough Code governing mobile home parks.

(2)

The minimum site required for a mobile home park shall be 10 contiguous acres.

(3)

The site shall be served by public water and public sanitary sewers.

(4)

The minimum mobile home lot shall be 6,000 square feet in area. The minimum lot width shall be 60 feet.

(5)

Minimum setbacks and distances between mobile homes shall comply with the requirements of Chapter 163, Subdivision and Land Development.

(6)

Every mobile home slab shall have direct vehicular access to a public or private street constructed in accordance with the requirements of Chapter 163, Subdivision and Land Development.

(7)

Each mobile home lot shall provide two off-street parking spaces.

EE.

Oil and gas operations and impoundments used exclusively for oil and gas operations, subject to:

(1)

Procedure.

(a)

Drilling rigs shall be exempt from the height limitations of the zoning district in which they are located. If the well site is located in an area that is subject to airport zoning regulations, the applicant shall present a letter from the Federal Aviation Administration (FAA) indicating that the height of the rig complies.

(b)

Seismic testing shall be exempt from obtaining zoning approval provided the testing is conducted on property in a zoning district where oil and gas operations is an authorized use.

(c)

Where conditional use approval is required for oil and gas operations, conditional use approval shall be required for each well site; however, if multiple well heads are proposed to be located at the well site, separate approval is not required for each well head if the original conditional use application indicates that multiple well heads are proposed.

(d)

Where conditional use approval is required for impoundments, impoundments used exclusively for oil and gas operations which are on a well site shall be reviewed as part of the conditional use application for oil and gas operations at that location. Impoundments used exclusively for oil and gas operations which are a principal use on a site other than a well site shall require conditional use approval subject to compliance with all applicable conditions of this § 180-66EE.

(e)

In those districts where oil and gas operations and impoundments used exclusively for oil and gas operations are authorized as a permitted use by right, the uses shall be subject to all applicable requirements of this § 180-66EE except that the conditional use procedure, including a public hearing, shall not be required.

(f)

Zoning approval shall not be required for in-ground or aboveground gathering or transmission lines; however, permits for crossing or disturbance of any state or Borough street shall be required.

(2)

Content of application for conditional use approval.

(a)

A narrative describing the proposed use, including:

[1]

The approximate number of acres to be disturbed and the associated equipment to be used in developing the well site and/or impoundment;

[2]

The proposed number of wells, including the Pennsylvania Department of Environmental Protection permit number for all proposed wells if available at the time of application or provided when issued later;

[3]

A map showing the planned access route to the well site and/or impoundment on public streets and a general plan indicating the type, number and weight of vehicles used for transportation of materials and equipment;

[4]

A description of how potential damage to public roads adjacent to the tract will be addressed;

[5]

A general schedule of anticipated beginning and ending dates of construction of the impoundment and/or well site preparation, drilling, perforating, hydraulic fracturing and production measured in weeks or months from the date of conditional use approval;

[6]

An accurate legal description of the surface lease property and a list of property owners with tax parcel numbers.

(b)

The well survey plat submitted to the Pennsylvania Department of Environmental Protection (PA DEP) showing the planned surface location of the well(s) and/or impoundments.

(c)

A site plan prepared by a licensed engineer showing compliance with these express standards and criteria of conditional use approval.

(d)

The well site emergency address.

(e)

A copy of the operator's preparedness prevention and contingency (PPC) plan as required by the PA DEP.

(f)

A statement that the development and operation of the well site and/or impoundment will comply with all applicable federal and state permitting requirements.

(g)

A copy of any state and federal permits already obtained at the time of conditional use application submission.

(h)

A noise management plan documenting how noise impacts will be mitigated.

(i)

Copies of all permits issued by the PA DEP for water withdrawal and disposal identifying the source of the water, proposed truck routes and/or temporary water lines, on-site storage and treatment and disposal facilities.

(3)

Prior to development of the well site or impoundment.

(a)

The operator shall meet with representatives of the school district and public safety officials to develop a traffic management plan to ensure safety of pedestrians, students and drivers on public streets, school crossings, pedestrian crossings and school bus or transit stops during times of anticipated heavy or frequent truck traffic associated with site development, drilling and hydraulic fracturing.

(b)

The operator shall invite residents of properties within 1,000 feet of the well site to a meeting to be held at least 30 days prior to the initiation of drilling, to present the operator's plans for the well and to allow for questions and answers.

(c)

At the meeting with the residents, the operator shall provide the following information to each resident within 1,000 feet of the planned surface location of the well or wells.

[1]

A copy of the well survey plat showing the location of the planned well;

[2]

A general description of the planned operations at the planned well and associated equipment to be used in the development of the well; and

[3]

The contact information for the operator and the well site supervisor.

(d)

The Borough shall be provided with the name of the person supervising the drilling operation and a phone number where such person can be reached 24 hours a day.

(e)

Upon request from the Borough, the operator shall, prior to drilling of its first oil and gas well in the Borough, make available with at least 30 days' notice, at its sole cost and expense, one appropriate group training program of up to five hours for first responders. Such training shall be made available at least annually during the period when the operator anticipates drilling activities in the Borough. First responders shall have a minimum of five hours of training per year to meet this standard. This requirement can be met through participation in training programs administered by the Pennsylvania State Fire Marshal.

(f)

No later than 30 days prior to beginning any work on an approved well site or impoundment, the applicant shall submit to the Borough a true and correct copy of all permits (General ESCGP-1) issued by the Pennsylvania Department of Environmental Protection (PA DEP). In addition, the Borough shall be provided copies of all plans (erosion and sedimentation control, grading, etc.) required by the PA DEP. All required permits shall be maintained throughout the duration of the drilling operation. Any suspension or revocation of permits by the PA DEP shall be reported to the Borough and shall constitute a violation of Borough zoning approval and may result in the suspension or revocation of zoning approval.

(g)

Access directly to state roads shall require Pennsylvania Department of Transportation (Penn DOT) highway occupancy permit approval. Prior to initiating any work at a well site, the Borough shall be provided a copy of the highway occupancy permit.

(h)

The operator shall execute a maintenance agreement with the Borough and post a bond in favor of the Borough in a form acceptable to the Borough and in an amount to be determined by the Borough Engineer in accordance with limits provided by law prior to beginning any work at a well site to guarantee restoration of weight-restricted Borough streets damaged as a result of hauling associated with the drilling operation.

(4)

Development of the well site or impoundment.

(a)

No construction activities involving excavation, alteration or repair work on any access road or well site shall be performed between sunrise and sunset. These time restrictions shall not apply to drilling and hydraulic fracturing.

(b)

The operator shall take all necessary safeguards as directed by the Borough to ensure that the Borough roads utilized remain free of dirt, mud and debris resulting from development activities and/or shall ensure such roads are promptly swept or cleaned if dirt, mud and debris occur, as directed by the Borough.

(c)

Driveways shall be of sufficient length so that there will be no stacking of vehicles on public streets.

(d)

The access driveway off the public street to the well site shall be gated at the entrance to prevent illegal access into the well site. The well site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the well name and number, the name of the operator and the telephone number for a person responsible who may be contacted in case of emergency.

(e)

Any on-site freshwater impoundments, retention ponds or wastewater pits shall be fenced to restrict access by unauthorized persons or animals. Wastewater pits shall be equipped with bird netting.

(5)

Drilling and hydraulic fracturing.

(a)

At least 30 days prior to the commencement of drilling, the operator shall provide a copy of the drilling permit issued by the PA DEP to the Borough Zoning Officer.

(b)

Drilling shall not be permitted within any floodway identified in the Flood Insurance Study (FIS) prepared and approved by the Federal Emergency Management Agency (FEMA).

(c)

Oil and gas drilling activities shall comply with all applicable federal and state safety regulations.

(d)

During drilling and hydraulic fracturing, clearly visible warning signage shall be posted at the well site.

(e)

During drilling and hydraulic fracturing, all equipment shall be locked or fenced, as appropriate, to prevent entry by unauthorized persons; however, a guard station with twenty-four-hour staffing, seven days a week, at the entrance to the well site may be provided in lieu of fencing the site.

(f)

The operator shall implement the traffic management plan developed after consultation with school district and public safety officials to ensure safety of pedestrians, students and drivers on public streets and at crosswalks, school bus stops and transit stops during times of heavy truck traffic traveling to and from the site.

(g)

Recognizing that adequate and appropriate lighting is essential to the safety of those involved in oil and gas drilling, the operator shall take steps, to the extent practicable, to direct site lighting downward and inward toward the well site, well head or other area being developed so as to attempt to minimize glare on public streets and adjacent buildings within 300 feet of the well site, well head or other area being developed.

(h)

All operations, including drilling and hydraulic fracturing, shall comply with the noise standards in the Borough Zoning Ordinance.

(i)

If, after initiation of drilling and/or hydraulic fracturing activities, a complaint is received by the Borough from any persons, whether a resident or otherwise, occupying a protected structure, as defined herein, regarding noise generated during drilling or hydraulic fracturing activities, the operator shall, within 24 hours of receipt of the complaint from the Borough, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:

[1]

The complainant's protected structure property line nearest to the well site or equipment generating the noise; or

[2]

One hundred feet from the protected structure.

(j)

If the operator of any oil and gas operations engages in any noise testing as required by this chapter, the operator shall provide preliminary data to the Borough no later than 10 business days following completion of the noise testing. Once the monitoring is complete, the operator shall meet with representatives of the Borough and affected residents to discuss whether possible noise abatement measures are warranted to comply with the noise standards of § 180-68C of the Zoning Ordinance.

(k)

In the case of oil and gas operations, the Borough may require acoustical blankets, sound walls, mufflers or other alternative methods to ensure compliance with the noise standards, depending on the location of a proposed well site with respect to protected structures and the results of noise monitoring.

(l)

Only essential supervisory, safety, emergency and operational personnel working on the well site shall be permitted to occupy any trailer or temporary living quarters on the well site overnight. Within 30 days of completion of drilling and hydraulic fracturing on the well site, the trailers or temporary living quarters shall be removed from the well site.

(6)

Production.

(a)

Prior to initiating production at a well site, a plan for the transmission of gas from the well site to an off-site pipeline, or a statement that there is no off-site pipeline. The plan shall identify gathering lines and compressor stations that serve the well site and which are located within the Borough or within 1,000 feet beyond the Borough boundary. Borough approval shall be required to utilize any public rights-of-way. Contact information for the pipeline owner and compressor station operator shall also be included.

(b)

Remediation of the well site shall be accomplished in accordance with the requirements of the Pennsylvania Department of Environmental Protection (PA DEP).

(c)

The completed well pad shall be enclosed by an eight-foot-high chain link fence with a locking gate.

(d)

All permanent equipment, including, but not limited to, well heads, tanks, meters and piping, shall be screened by a six-foot-high vegetative screen on any side of the well pad that is reasonably necessary to block the line of sight from any protected structure, as defined herein, that is located 750 feet or less from the well pad, provided the vegetative screen does not block access to the well pad.

FF.

Planned industrial park, subject to:

(1)

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

(2)

The minimum site area required shall be 10 acres.

(3)

Once the improvements are completed in an approved planned industrial park, lots within an approved and recorded plan maybe sold and developed as independent entities for any authorized use in the zoning district in which it is located.

(4)

Only the uses permitted by right or authorized as conditional uses or uses by special exception in the zoning district in which the planned industrial park is located shall be permitted in the planned industrial park.

(5)

The site plan shall be designed to minimize points of access to the public street. Shared driveways shall be utilized where feasible, and cross easements shall be dedicated for common access, where necessary.

(6)

The site shall be planned as a unit, and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.

(7)

A perimeter setback of 100 feet shall be maintained along the side and rear property lines of the planned industrial park development site.

(8)

The perimeter of the site shall be screened by Buffer Area A, as described in § 180-69A of this chapter, along all property lines that adjoin property in an R-A, R-1, R-2 or R-3 District.

(9)

All proposed uses hall comply with the performance standards of § 180-68 of this chapter.

GG.

Private club, subject to:

(1)

Any establishment that includes a restaurant shall further be subject to the off-street parking requirements of Article XIII for the portion of the building devoted to restaurant use.

(2)

Any rental of the facility to nonmembers shall require on-site management and/or security personnel during the event.

(3)

Activities on the site and within the building shall comply with the noise standards specified in § 180-68 of this chapter.

(4)

Doors and windows in the building shall remain closed during any entertainment involving a speaker system and/or amplification. Outdoor speakers shall not be permitted.

(5)

All off-street parking that adjoins property in an R-A, R-1, R-2 or R-3 District shall be screened by a Buffer Area C, as described in § 180-69A of this chapter.

HH.

Private use helipad, subject to:

(1)

Only one private use helipad shall be permitted on a lot or parcel.

(2)

Private use helipads shall be located at least 250 feet from any property line or public street, except for helipads accessory to a hospital that may be located so as to maximize accessibility to existing emergency facilities.

(3)

Evidence of compliance with all applicable regulations of the Federal Aviation Administration and Pennsylvania Department of Transportation, Bureau of Aviation, shall be submitted.

(4)

The helicopter landing pad shall be paved, level and maintained dirt free. Rooftop pads shall be free of all loose stone and aggregate.

(5)

An application for a helipad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.

(6)

Maintenance of aircraft shall be prohibited, except for maintenance of an emergency nature.

(7)

There shall be no storage of fuel at the helipad.

(8)

There shall be no basing of aircraft at the helipad.

(9)

The helipad shall be fenced and secured at all times to preclude access by the general public.

(10)

Clear areas for emergency landings of the helicopter in the event of mechanical failure shall be provided. These emergency landing areas shall be located within the normal glide range of the helicopter with one engine off when operating in the approved takeoff or landing lane from the helipad.

(11)

Lighting shall be shielded away from adjacent properties and shall comply with the provisions of § 180-68G governing glare.

II.

Public parking lot or public parking garage, subject to:

(1)

All public parking lots or public parking garages shall be designed to have direct vehicular access to an arterial or collector street, as defined by this chapter, unless they are located within the site of an approved planned industrial park.

(2)

All public parking lots or public parking garages shall be designed to minimize traffic congestion on the site or within the garage and for traffic entering or leaving the site or parking lot or parking garage.

(3)

The design of any parking garage proposed to be located on property that adjoins property in any R-A, R-1, R-2 or R-3 District shall take into account the height, visual, light and air impacts on adjoining residences and shall utilize architectural materials for the exterior walls facing those residential areas that are compatible with the residential character of adjoining properties.

(4)

Any public parking garage, whether proposed as a principal structure or an accessory structure, shall comply with the yard requirements for a principal structure.

(5)

Any public parking lot that is reserved, in part, for the customers or employees of a specific use shall be located within 500 feet of the specific use that it is intended to serve.

JJ.

Public utility building or structure, subject to:

(1)

The minimum lot area required for buildings intended for human occupancy or storage of equipment shall be one acre. There shall be no minimum lot area required for all other structures.

(2)

Maintenance vehicles shall be stored within a completely enclosed building, as defined herein.

(3)

Outdoor storage of materials or equipment, other than maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum eight-foot-high fence with locking gate and is screened by one-hundred-percent-opaque screening material placed in the fencing or by a six-foot-high dense, compact evergreen hedge located on the exterior of the fence.

(4)

Any area of the building that is used for business offices shall comply with the parking requirements of Article XIII of this chapter for that use. Any area of the building that is used for storage of material, vehicles or other equipment shall provide one parking space for each 1,500 feet of gross floor area devoted to that use.

KK.

Sportsmen's club, subject to:

(1)

The minimum site required shall be 20 acres.

(2)

Any outdoor lighting shall be shielded and reflected away from streets and adjoining properties.

(3)

If an outdoor shooting range is proposed, the use shall comply with all of the following standards:

(a)

The discharging of firearms and archery shall not be permitted within 1,000 feet of any existing residence.

(b)

The outdoor discharging of firearms shall not be permitted between the hours of dusk and 8:00 a.m.

(c)

An adequate backstop shall be provided to prevent bullets and arrows from ricocheting.

(d)

The firing of weapons shall be under the supervision of a qualified range officer and in conformance with regulations recommended by the National Rifle Association (NRA).

(e)

All shooting areas shall be enclosed with a fence to keep people out of the line of fire and the target area.

(f)

Sound levels at the property lines shall not exceed 100 decibels.

(g)

Two parking spaces shall be provided for each shooting position or station.

(4)

All outdoor activities, other than an outdoor shooting range, shall be located at least 300 feet from any existing residence and shall cease operations at sunset.

(5)

Except for the noise limits authorized in Subsection HH(3)(f), above, for an outdoor shooting range, the use shall comply with the performance standards of § 180-68 of this chapter.

(6)

All properties adjoining property in an R-A, R-1, R-2 or R-3 District shall be screened by Buffer Area B, as described in § 180-69A of this chapter.

LL.

Temporary use or structure other than a construction trailer, model home or sales office, subject to:

(1)

A transient merchant license, if required by Borough ordinance, shall be obtained.

(2)

The proposed temporary use or structure shall be limited to those uses or structures otherwise authorized in the zoning district.

(3)

In the C-1 and I-1 Districts, preparation and/or serving of food in an outdoor setting shall be permitted only if all of the following requirements are met:

(a)

The preparation and serving of food that is part of a special event that does not exceed 72 consecutive hours in duration shall be exempt from the requirement to obtain approval of a use by special exception under this section; however, a certificate of occupancy shall be obtained from the Borough Zoning Officer subject to the applicant demonstrating compliance with the standards and criteria of this § 180-66LL.

(b)

Evidence of an approved permit from the Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services, or its successor agency.

(c)

The preparation and serving of food shall not be permitted on any vacant lot and shall only be permitted on the site of an existing business.

(d)

The area used for preparing and serving the food shall not obstruct any sidewalk or public right-of-way, nor shall it obstruct the free flow of pedestrian or vehicular traffic on the site or adjoining the site. On any sidewalk, there shall be maintained a minimum of five feet unobstructed width for the passage of pedestrians, and in the case where there is parallel parking permitted along such sidewalk, a minimum of four feet adjacent to the curb to permit the discharging of passengers shall be provided. These required unobstructed areas on the sidewalk may be combined into one area at least five feet wide along the curb.

(e)

No noise or odor shall emanate from such outdoor area where food is prepared and/or served that adversely affects any adjoining property in an R-A, R-1, R-2 or R-3 District within 300 feet of the outdoor area.

(f)

The area used for preparing and serving food shall not eliminate the availability of any existing parking spaces on the site.

(g)

The activity shall comply with all applicable Borough codes and ordinances.

(h)

The site intended to be used for the preparation and/or serving of food shall provide rest room facilities available to the public, unless the existing business on the site has rest room facilities that will be available to the public visiting the temporary use.

(i)

The owner of the existing business or the operator of the temporary use involving the preparation and/or serving of food in an outdoor setting shall provide the Borough with a certificate of insurance, in an amount at least equal to $2,000,000 per occurrence and $3,000,000 aggregate, indemnifying the Borough against any liability resulting from such use.

(4)

Approval of temporary uses or structures shall be granted for a specific time period not to exceed six months. If the Zoning Hearing Board determines that the need for the proposed use will occur on an annual basis, the Board may authorize the Zoning Officer to issue the temporary use permit on an annual basis subject to continued compliance with these criteria and any conditions attached to approval of the use by special exception.

(5)

All temporary uses or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved. Temporary uses or structures that are authorized only for the duration of a particular event shall be removed within 48 hours after the completion of the event.

(6)

All temporary uses or structures that are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 180-81C for the proposed use.

(7)

Vehicular access for all temporary uses or structures that are proposed to be accessible to the public shall be designed to minimize congestion on the lot and not impede the free flow of traffic for any other permanent use or structure on the lot.

(8)

All temporary uses or structures proposed to be used as principal uses or structures shall comply with all area and bulk regulations of the zoning district in which they are located. All temporary uses or structures that are proposed to be used as accessory uses or structures shall comply with the requirements of the zoning district for accessory uses.

(9)

Temporary uses or structures that are authorized as principal uses or structures and that are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the lot.

MM.

Transitional development, subject to:

(1)

For properties in the R-2 District that have frontage on an arterial or collector street and also have at least one property line that is located within 1,000 feet of the boundary of a property that is zoned C-1, measured along the right-of-way of that arterial or collector street, one or more of the following uses may be established on the property:

(a)

Apartment in combination with business.

(b)

Bank or financial institution.

(c)

Bed-and-breakfast.

(d)

Bed-and-breakfast inn.

(e)

Business or professional offices.

(f)

Conversion apartments.

(g)

Day-care center.

(h)

Delicatessen.

(i)

Personal services.

(j)

Restaurant, carry-out.

(k)

Restaurant, sit-down.

(l)

Specialty food store.

(m)

Specialty retail store.

(n)

Tea room.

(o)

Comparable uses not specifically listed above, subject to the criteria contained in § 180-66M.

(2)

The foregoing uses may be established in an existing dwelling or may be located in a newly constructed building, provided the gross floor area of the newly constructed building shall not exceed 3,500 square feet.

(3)

The minimum lot area required to construct a new building to house any of the uses authorized by Subsection JJ(1), above, shall be one acre. Existing single-family dwellings shall not be demolished in order to create a vacant lot eligible for construction of a new building to accommodate the uses authorized by Subsection JJ(1), above.

(4)

Conversion apartments or apartments in combination with business may be established in an existing single-family dwelling subject to the following:

(a)

Each dwelling unit shall have a minimum habitable floor area of 800 square feet.

(b)

Dwelling units in basements or accessory garages shall not be permitted.

(c)

Dwelling units in combination with a business shall have a separate entrance that does not require passing through any area devoted to office, service or retail use.

(d)

Shared parking for residential and business uses shall not be permitted.

(5)

Conversion of an existing dwelling to any of the uses listed in Subsection JJ(1), above, shall be subject to all of the following regulations:

(a)

Exterior alterations of the dwelling shall be permitted to comply with handicapped accessibility or firesafety regulations or to modify entrances or enclose porches. Any other alterations to enlarge the floor area devoted to office or customer use shall be limited so that the maximum gross floor area of the structure, including basement and garage, shall not exceed 3,500 square feet.

(b)

No conversion of accessory structures to house a principal use shall be permitted; however, existing accessory structures may be used for parking or storage.

(6)

Off-street parking shall be provided based on the ratio of one parking space for each 200 square feet of net floor area devoted to office or customer use. In the case of a bed-and-breakfast or bed-and-breakfast inn, one space shall be provided for each sleeping room. In the case of a conversion apartment or apartment in combination with business, two parking spaces shall be provided for each dwelling unit.

(7)

Parking shall not be located in any minimum required side yard; however, access driveways may be constructed in the minimum required side yard, provided the paving is at least five feet from the property line.

(8)

A landscaped area at least five feet in depth shall be maintained along all property lines adjoining an existing dwelling. The landscaped area shall be planted with a continuous evergreen hedge at least six feet in height.

(9)

Adequate area shall be provided on the lot for vehicles to turn around so that vehicles will not be required to back onto a public street.

(10)

A minimum of 10% of the area of the front yard shall be landscaped with ground cover, trees and shrubs in accordance with a landscaping plan approved by the Borough. The clear sight triangle required by § 180-70D shall be maintained.

(11)

In the event that two or more adjacent lots are converted to any authorized nonresidential use, either simultaneously or in sequence, the feasibility of sharing a common driveway shall be submitted for review by Penn DOT as part of an application for a highway occupancy permit. If a shared driveway is permitted, cross easements and a maintenance agreement executed by the parties shall be submitted to the Borough.

(12)

Sidewalks shall be constructed along the full frontage of the lot along the arterial or collector street. The minimum width of the sidewalk shall be four feet. Sidewalks shall be constructed in accordance with Borough construction specifications.

(13)

One freestanding ground sign shall be permitted on each lot, regardless of the number of businesses on the lot. The maximum surface area of the sign shall be 12 square feet. The maximum height of the sign shall be four feet. The sign shall be located at least 10 feet from any side or rear property line and at least three feet from the public street right-of-way.

(14)

Each business shall be permitted to have one wall sign, provided the total surface area of the wall signs for any building shall not exceed one square foot for each lineal foot of the front wall of the building, regardless of the number of businesses in the building.

NN.

Truck and heavy equipment rental, sales and service, subject to:

(1)

The minimum site required shall be five acres.

(2)

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

(3)

No part of any truck or heavy equipment or accessories displayed outdoors shall be located less than 35 feet from the property line adjoining any property located in an R-A, R-1, R-2 or R-3 District nor less than 20 feet from any other property line.

(4)

No vehicle or equipment shall be parked on adjacent property or in any public street right-of-way.

(5)

No vehicle shall be displayed or offered for sale that does not have all of the mechanical and body components necessary for its safe and lawful operation.

(6)

A permanent structure for office administration, sales, rental and/or servicing shall be provided.

(7)

All property lines adjoining property located in an R-A, R-1, R-2 or R-3 District shall be screened by Buffer Area A, as described in § 180-69A of this chapter.

OO.

Truck terminal, subject to:

(1)

The minimum site required shall be 10 acres.

(2)

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter. Access to a local street, as defined by this chapter, shall not be permitted.

(3)

No point on the site boundary shall be located within 300 feet of any property line of a property containing a residential dwelling.

(4)

Ingress, egress and internal traffic circulation shall be designed to ensure safety and minimize congestion.

(5)

Site lighting shall be designed with cutoff luminaires that have a maximum cutoff angle of 60°. (See the illustration in Appendix B.[3]) The maximum illumination at any property line shall be 0.2 footcandle.

[3]

Editor's Note: Appendix B is included at the end of this chapter.

(6)

All property lines adjoining property located in an R-A, R-1, R-2 or R-3 District shall be screened by Buffer Area A, as described in § 180-69A of this chapter.

(7)

In the front yard, an earthen mound shall be provided along the entire public street frontage, and Buffer Area A shall be planted on the earthen mound. All landscaping shall comply with the provisions of § 180-70D regarding visibility at driveway entrances.

(8)

Off-street parking and loading shall be provided in accordance with the requirements of Article XIII of this chapter.

(9)

All material and equipment shall be stored within a completely enclosed building, as defined herein.

(10)

No repair of vehicles shall be permitted outside a completely enclosed building, as defined herein.

(11)

All operations shall comply with the performance standards of § 180-68 of this chapter.

PP.

Veterinary clinic, subject to:

(1)

The minimum lot area required for a veterinary clinic shall be one acre.

(2)

Outdoor kennels or runs shall not be permitted in the C-1 District.

(3)

Overnight boarding of animals, other than for medical supervision, shall be permitted, if the animals are housed overnight within a completely enclosed building, as defined herein.

(4)

Kennels associated with veterinary clinics shall be licensed by the Commonwealth of Pennsylvania and shall continue to maintain a valid license throughout their operation. Any suspension of the license shall be a violation of this chapter and shall be subject to the enforcement provisions of § 180-109 of this chapter.

(5)

Kennels shall comply with the standards of § 180-66X.

(6)

Odors shall be controlled so as to comply with the performance standards of § 180-68 of this chapter.

(7)

The veterinary clinic shall not be located within 300 feet of an occupied dwelling on adjacent property unless the building is soundproofed.

QQ.

Personal wind energy systems shall be subject to all of the following requirements.

(1)

The personal wind energy system shall be accessory to an existing principal structure located on the same lot.

(2)

Only one personal wind energy system shall be permitted on a lot.

(3)

The minimum lot area required to install a personal wind energy system shall be one acre.

(4)

Personal wind energy systems shall not be located within the minimum required front yard.

(5)

Roof-mounted personal wind energy systems shall not be permitted.

(6)

The personal wind energy system shall be set back from all property lines, public street rights-of-way and aboveground utility lines a distance equal to 100% of the height of the wind energy system, as defined herein.

(7)

The maximum height of the wind energy system, as defined by this chapter, shall be 60 feet.

(8)

The applicant shall provide evidence that the proposed height of the personal wind energy system does not exceed the height recommended by the manufacturer or distributor of the system.

(9)

The applicant shall provide a site-specific wind assessment to document that the proposed location will be effective in providing adequate quality and quantities of wind.

(10)

All personal wind energy systems shall be self-supporting. No guy-wire-supported structures shall be permitted.

(11)

Standard installation drawings shall be submitted showing the wind turbine structure, including the tower, the base and the footings. An engineering analysis of the tower showing compliance with the Uniform Construction Code and certified by a licensed professional engineer shall be provided. This analysis may be provided by the manufacturer.

(12)

The application shall be accompanied by a line drawing of the electrical components in sufficient detail to determine compliance with the National Electrical Code. This information may be supplied by the manufacturer

(13)

The applicant shall comply with all applicable regulations of the Pennsylvania Public Utility Commission governing generation of electricity for private use and shall provide evidence that they have notified the applicable utility company of their intent to install a personal wind energy system.

(14)

The personal wind energy system generators and alternators shall be constructed so as to prevent the emission of radio and television signals. The applicant shall correct any signal disturbance problem identified after initiation of the operation within 90 days of identification.

(15)

The minimum clearance between the ground and any protruding blades utilized on a personal wind energy system shall be 25 feet measured at the lowest point of the arc of the blades.

(16)

The lowest point of the arc of the blades utilized on a personal wind energy system shall be 25 feet above the height of any structure or the height at maturity of any tree located within 150 feet of the base of the personal wind energy system.

(17)

The personal wind energy system supporting tower and any related equipment shall be enclosed by an eight-foot high fence. Fencing of the entire property on which the personal wind energy system is located shall not be acceptable to demonstrate compliance with this requirement.

(18)

The applicant shall submit evidence of certification of the proposed personal wind energy system by the Small Wind Certification Council. The installer shall be certified by the North American Board of Certified Practitioners (NABCP).

(19)

Personal wind energy systems shall comply with all applicable requirements of the Federal Aviation Administration (FAA).

(20)

Personal wind energy systems shall not be artificially lighted unless required by the Federal Aviation Administration (FAA).

(21)

No tower shall have any sign, writing or picture that may be construed as advertising.

(22)

Appropriate warning signage regarding electrical or other hazards shall be placed on the wind turbine towers and electrical equipment.

(23)

All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, over-speeding or excessive pressure on the tower structure, rotor blades and turbine components.

(24)

Personal wind energy systems shall have a nonreflective, painted steel finish in a neutral color to reduce the visual impact.

(25)

Personal wind energy system towers shall not be climbable for a distance up to 15 feet above ground level.

(26)

All wiring shall be underground.

(27)

Personal wind energy systems shall not exceed 60 dB(A), as measured from the property line closest to the personal wind energy system, except during short-term emergencies such as utility outages and/or severe windstorms.

(28)

A personal wind energy system that is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner pursuant to an enforcement notice issued by the Zoning Officer.

RR.

Compressor stations and natural gas processing plants, subject to:

(1)

The minimum site required for a natural gas processing plant shall be 25 acres. The minimum site required for a compressor station shall be one acre.

(2)

All facilities and structures, whether principal or accessory, shall be set back the greater of at least 750 feet from any occupied structure or at least 200 feet from the nearest lot line, unless waived by the owner of the structure or adjoining lot.

(3)

If necessary to meet the noise requirements of this chapter, compressors shall be located within a completely enclosed building. During periods of normal operation, doors, windows and similar openings shall remain closed to ensure maximum noise suppression.

(4)

The buildings housing engines and compressors shall be soundproofed if necessary to meet the maximum allowed noise at the property line specified in § 180-68C of the Borough Zoning Ordinance.

(5)

All equipment and facilities shall comply with the noise standards of § 180-68C of the Borough Zoning Ordinance. If the equipment and facilities exceed the noise limits established by the Borough Zoning Ordinance, the Borough may require acoustical blankets, sound walls or other alternative methods to mitigate excessive noise and ensure compliance with the noise standards.

(6)

The developed portion of the site which contains buildings, structures, equipment, storage areas and parking areas shall be screened by a buffer area as described in § 180-69 of this chapter for the distance necessary to screen the buildings, structures, equipment, storage areas and parking areas along any property line that adjoins property in an R-A, R-1, R-2 or R-3 District. In the case of a compressor station, buffer area "B" shall be required. In the case of a natural gas processing facility, buffer area "A" shall be required. If the developed portion of the site is fenced, the buffer area shall be located along the outside perimeter of the fence.

(7)

The operator shall provide a site orientation for the Borough's emergency first responders regarding operations, equipment and chemicals present at the facility prior to occupying the facility.

(8)

Heavy truck traffic to and from the site shall be restricted to daylight hours. Emergency vehicles and field maintenance vehicles are exempted from this limitation.

(9)

Tracking of mud, dirt and debris onto Borough streets shall be minimized. Measures shall be taken to clean any mud, dirt and debris from Borough streets within a reasonable time.

(10)

The operator shall demonstrate continuing compliance with all applicable local, state and federal permits and regulations.

(11)

The site shall be secured by a minimum eight-foot-high chain link fence with a locking gate that shall be kept locked when employees are not on the premises.

(12)

Exterior lighting shall be shielded and directed away from adjacent streets and properties. To the extent permitted by safety considerations, exterior lighting shall be turned off between dusk and dawn.

(13)

For a natural gas compressor station, a minimum of five parking spaces shall be provided on the site to accommodate service and maintenance workers or visitors to the site. The parking spaces shall not be required to meet the paving requirements of § 180-80, provided that a dust-free all-weather surface is provided. All other design requirements of § 180-80 shall apply.

(14)

Natural gas processing facilities shall be subject to the design requirements of § 180-80 for off-street parking facilities and the parking requirements of § 180-80 for industrial and manufacturing uses.

SS.

Accessory structures in excess of 15 feet in height, subject to:

(1)

The minimum lot area required for constructing an accessory structure that exceeds 15 feet in height shall be one acre.

(2)

For each foot of height in excess of 15 feet, the minimum required side and rear setbacks for the accessory structure shall be increased by one foot.

(3)

In no case shall the accessory structure exceed the height of the principal structure, nor shall it exceed 35 feet in height.

(4)

No office shall be maintained in, nor shall any business be conducted from the accessory structure.

(5)

No apartment or other residential occupancy shall be permitted in the accessory structure.

Economy City Zoning Code

ARTICLE XI

§ 180-63 Applicability.

§ 180-64 Procedure for approval.

§ 180-65 General standards.

§ 180-66 Standards for specific uses.