Edgewood City Zoning Code
ARTICLE V
Conditional Uses and Special Exceptions
§ 200-37 Conditional uses and special exceptions.
A.
The criteria for conditional uses and special exceptions are listed below. The Borough Council or the Zoning Hearing Board (as the case may be), in granting conditional uses and special exceptions, are charged with considering the effect that such proposed uses will have upon the immediate neighborhood. The preservation and integrity of existing development must be carefully weighed and given priority in each decision. In granting a conditional use or a special exception, the Borough Council or the Zoning Hearing Board (as the case may be) may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as they may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this chapter.
B.
Applications for conditional uses and special exceptions shall be made to the Zoning Officer. Conditional uses shall be granted or denied by the Borough Council after the recommendation of the Borough Planning Commission. Special exceptions shall be granted or denied by the Zoning Hearing Board. Procedures for both shall follow those specified in this chapter and the Planning Code.
C.
This article contains specific standards for conditional uses and special exceptions allowed in each zoning district. It shall be the responsibility of the applicant to illustrate compliance with these standards to the Borough. In granting a conditional use or special exception, the Borough Council or Zoning Hearing Board may also add reasonable additional conditions and safeguards beyond the specific criteria for each conditional use or special exception. The purpose of such additional conditions and safeguards is to further mitigate negative impacts of a development upon specific sites, and make the conditional use more compatible with the surrounding zoning district. Such reasonable additional conditions and safeguards may include, but are not limited to:
(1)
Establishment of screening and buffering or an increase in screening and buffering normally required.
(2)
Limitations upon hours of operation.
(3)
Establishment of fencing for purposes of security, limiting vehicular access, or control of windblown trash.
(4)
Limits upon future subdivision of property to prevent the creation of a lot too small for the approved use.
(5)
Changes in the proposed location or design of access drives or parking areas to prevent traffic hazards, congestion, or the impacts of increased traffic upon local access and residential streets.
(6)
Other conditions to ensure that the exterior appearance of a building or property is in harmony with surrounding development, including an agreement by the applicant to adhere to any design standards of the Borough Subdivision and Land Development Ordinance [Chapter 180].
(7)
Any compressors shall be so enclosed as to baffle their sound from surrounding uses.
(8)
All dumpsters and/or garbage/trash storage areas shall be enclosed and placed in a rear or side yard.
D.
The applicant will be notified in writing of any such reasonable additional conditions and safeguards imposed by the applicable board as part of an approval.
§ 200-38 Specific criteria for special exceptions and conditional uses.
A.
Essential service structure.
(1)
Essential services such as underground piping, poles (except for cellular telephone service towers), wire, cable, and similar apparatus shall not require a permit. This special exception includes only buildings and structures used for the provision of essential services.
(2)
The design and landscaping shall be compatible with and preserve the character of any adjoining residential uses.
(3)
Screen planting or buffering may be required as a reasonable additional condition of approval. If the structure is fenced, screening shall be located on the outside of the fence.
(4)
Any security fencing for outdoor play areas shall be set back at least four feet from any lot line containing a single family dwelling. Areas between the security fence and the property line shall be landscaped and maintained.
(5)
Outdoor lighting shall be designed to prevent glare to adjoining properties through the use of full cutoff fixtures.
(6)
There shall be no permanent employee stationed at the structure, or use of any structure for a permanent office, workshop, or similar installation.
B.
Family and group day care homes and day care centers.
(1)
Day care services for children shall be defined as type consistent with Commonwealth of Pennsylvania licensing. No day care home shall expand into another Commonwealth licensing classification without zoning approval.
(2)
Any outdoor play area shall be effectively fenced from access to abutting properties or streets with a solid or opaque fence of at least four feet in height.
(3)
If the lot is located on a state highway route that does not provide on street parking, a turning place shall be provided on lot to assist drivers in avoiding backing on to a state highway.
(4)
The operator shall secure and keep current all permits from the Commonwealth or other licensing agencies.
C.
Accessory dwelling.
(1)
The purpose of this use is to facilitate housing within an accessory dwelling without altering the density of single family residential neighborhoods. The intent is that the accessory dwelling shall be clearly incidental and subordinate to a single family dwelling.
(2)
The accessory dwelling must be located in a garage or another building separate from the principle dwelling unit.
(3)
The owner of the property shall occupy either the principal dwelling unit or the accessory dwelling.
(4)
For the purposes of this section, the "owner" shall be one or more individuals residing in a dwelling who hold legal or beneficial title and for whom the dwelling is the primary residence for voting and tax purposes. The owner resident shall agree to inform the Borough upon any status change in residency, such as sale or vacation of the property.
(5)
There shall be adequate off street parking space for one additional motor vehicle per apartment.
(6)
The accessory dwelling shall contain no more than one bedroom.
§ 200-39A Home occupations.
A.
Home occupations. Home occupations are a potential intrusion upon residential areas and are limited in size and scale to mitigate these impacts.
B.
Parking. In addition to providing the required parking spaces for residents of the dwelling units, off-street parking must be provided for employees and customers in accordance with the criteria set forth by this chapter.
C.
Employees. No more than one outside employee, other than a family member, shall participate or work in the home occupation.
D.
Restrictions. No home occupation which would cause undue noise, traffic or other intrusion upon the neighborhood shall be allowed. Among the activities excluded shall be kennels, veterinary offices, restaurants, small motor repair, automotive repair, automobile body work and similar undertakings.
E.
Home occupations may include, but are not limited to, art studios, music studios (limited to one student at a time), professional services, beauty shops (limited to one customer at a time), and dressmakers.
F.
The nature of the home occupation shall not change the outward characteristics of the home as a residential unit.
(1)
No more than 25% (in aggregate) of the home may be used for a home occupation.
(2)
One sign no larger than two square feet may be used to announce the name or purpose of the home occupation.
(3)
Home occupations shall not operate before 8:00 a.m. or after 9:00 p.m.
(4)
No more than one home occupation per dwelling shall be permitted.
(5)
No exterior storage of materials shall be permitted.
§ 200-39B Bed and breakfast.
B. BED AND BREAKFAST
Definition.
A conditional use in a dwelling which is the principal residence of the operator where no more than three sleeping rooms are offered to transient overnight guests for compensation and where the only meal served and included with the overnight accommodations is breakfast. Such temporary lodging would normally be for a few nights only, and may not exceed two weeks (14 nights) at one time.
C.
Bed and breakfast operation.
(1)
A bed and breakfast which contains one to three rooms may be granted as a conditional use in a dwelling which is the principle residence of the operator in the residential districts designated R-1A, R-1B and R-2 as long as the following requirements are met. Rental or lease of the B&B property for events such as weddings, reunions, parties, business or social gatherings which host 10 or more non-overnight guests is specifically prohibited at these facilities.
(a)
A maximum of three guest suites shall be permitted in any one bed and breakfast establishment, with a maximum occupancy of three per room or a total of nine guests.
(b)
The maximum length of stay for any guest shall be 14 days in any one stay.
(c)
The use of any amenities provided by the establishment, such as swimming pool or tennis court, shall be restricted in use to guests staying at the establishment.
(d)
The only meal to be provided to the guests may be breakfast, and it shall only be served to guests who are staying overnight at the bed and breakfast. No catered meals may be served. Catered meals are those which involve the service of food prepared off-site to non-overnight guests. This restriction does not include take-out.
(e)
There shall be no kitchen or cooking facilities in any guest suite.
D.
Sign.
(1)
One identification sign shall be permitted. Such sign must be attached to the front wall of the building. The surface area of the sign shall not exceed three square feet. The identification sign shall contain no information other than one or more of the following items:
E.
Parking. One paved off-street parking space shall be provided per guest room in addition to the spaces required for the dwelling unit. The parking spaces must conform to all other zoning restrictions for the district in which the bed and breakfast is located.
F.
Procedures and other conditions.
(1)
An application for a conditional use as a bed and breakfast shall be governed by the procedures, and shall comply with all of the conditions and criteria set forth in Article V of this chapter.
(2)
The bed and breakfast shall comply with all building and fire code regulations.
(3)
An annual occupancy inspection and recertification shall occur.
§ 200-39C Public utility building.
§ 200-39D Parking lots for more than four vehicles.
A.
No parking lot shall have a lot frontage wide than 75 feet.
B.
Parking lots shall minimize the width of curb cuts to no wider than 24 feet.
C.
A fence or landscaped buffer of at least five feet in width shall be placed between the parking area and any abutting street with a sidewalk.
D.
Where possible, new buildings should be built as close as possible to the front property line (in accordance with the front yard setbacks required in this chapter) with parking located behind the building.
§ 200-39E Conversion of single family dwellings into a two family dwelling.
A.
No single family dwelling proposed for conversion to apartments shall have a lot size of less than that required for a conforming single family dwelling in the District. Off street parking shall be provided at a ratio of one space for every single bedroom or efficiency apartment and two spaces for every apartment of two bedrooms or more.
B.
No parking area, except for a residential driveway of no greater than 28 feet in width, may be developed in any area between the principal street and the front of the dwelling. All parking areas shall be in the rear of the dwelling. Parking shall be arranged so that no vehicle shall be parked in a manner that would block a required parking space from access to a public street. All required parking shall be accommodated on lot. No parking in the front yard area shall be permitted.
C.
All units must have separate kitchen and bathroom facilities as well as living/sleeping spaces.
D.
Each unit shall have a minimum size of 600 square feet exclusive of common spaces.
E.
Each dwelling unit shall have separate utility service connections and meters (as applicable) for natural gas, water, sewer and electric.
§ 200-39F Adaptive reuse of historic buildings.
This section derives its authority from § 603(g)2 of the Pennsylvania Municipalities Planning Code and is adopted for the expressed purpose of encouraging the adaptive reuse of historic buildings within the Borough to both promote historic preservation and to return vacant non-taxable properties to the tax rolls. Applicability: This section shall apply only to former public buildings (including, but not limited to, schools, churches, former commercial buildings, and armories). Structures which meet the criteria outlined in this section may be reused for the following purposes by conditional use (multiple uses are allowed per building): day care facilities of all types, personal care home, professional office, studio of an artist or musician, personal service business limited to an exercise facility or gymnasium barber or beauty salon.
A.
Any expansion of a structure being approved as an adaptive re-use shall meet all applicable yard and coverage standards.
B.
To protect the scale of neighborhoods and integrity of historic structures, no building expansions shall result in a total gross floor area increase of greater than 1,000 square feet.
C.
Design standards for alteration or expansion. The applicant may choose to employ the Secretary of the Interiors Standards for Historic Preservation in undertaking any alteration, in which case, evidence of compliance shall be furnished. Otherwise, the following design standard shall apply to any expansion, replacement or exterior alteration:
(1)
The original building footprint or a smaller area is adhered to for all yard lines. The principal entrance shall be located on the same street frontage as the original building.
(2)
Buildings shall generally relate in scale and design features to the surrounding buildings and the previous building on site.
(3)
Long monotonous uninterrupted walls or roof planes shall be avoided.
(4)
Window arrangement shall be architecturally compatible with the style, materials, colors, and details of the building. Windows shall be vertically proportioned whenever possible. Upper-story windows shall be vertically aligned with the location of windows and doors on the ground level.
(5)
Blank, windowless walls are discouraged. Where the construction of a blank wall is necessitated by local building codes, the wall should be articulated by the provision of blank window openings trimmed with frames, sills, and lintels, or, if the building is occupied by a commercial use, by using recessed or projecting display window cases. Intensive landscaping may also be appropriate in certain cases.
(6)
All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, balustrades, and others, where appropriate. Any such element utilized shall be architecturally compatible with the style, materials, colors, and details of the building as a whole, as shall the doors.
(7)
Any design manual adopted by the Borough shall be adhered to.
§ 200-39G Neighborhood businesses.
The purpose of this conditional use is to allow very small retail businesses that would serve the neighborhood or potential tourists. Such uses shall:
§ 200-39H Multiple-family dwellings.
§ 200-39I Communication towers.
The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communication antennas.
A.
The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
B.
Communication towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation Regulations. Towers must comply with the Borough Subdivision and Land Development Ordinance [Chapter 180] as a subdivision for lease.
C.
Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antenna on an existing building, structure, or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a 1/4-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
(1)
The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
(2)
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
(3)
Such existing structures do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
(4)
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(5)
A commercially reasonable agreement could not be reached with the owners of the structure.
D.
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.
E.
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.
F.
The maximum height of any communications tower shall be 300 feet.
G.
The foundation and base of any communications tower shall be set back from a property line (not lease line) at least one foot for every foot in tower height.
H.
To encourage co-location and minimize the use of land for these facilities, all towers shall be secured only at the tower base. Towers secured by guide or support wires shall not be permitted unless they are the only form that is technically feasible at the site. If guide or support wires are employed, fencing and screening shall enclose the entire area (including all support apparatus) within a single compound.
I.
The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.
J.
The communications equipment building shall comply with the required yards and height requirements of applicable zoning district for an accessory structure.
K.
The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association.
L.
The applicant shall submit a copy of its current Federal Communications Commission license; the name, address, and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas.
M.
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
N.
The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public.
O.
No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration, or other governmental agency that has jurisdiction.
P.
The owner shall notify the Borough if the tower is no longer being used. If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.
Q.
One off-street parking space shall be provided within the fenced area.
§ 200-39J Nursing homes, personal care homes and assisted living facilities.
A.
There shall be no sign or exterior display beyond the name of the home or its use.
B.
No home may admit more than 25 residents, unless located at least 100 feet from an R-1A or R-1B District.
C.
Required local, county and/or state certifications shall be presented to the Borough. Specially included are to be applicable permits from the Pennsylvania Departments of Welfare and Labor and Industry.
§ 200-39K Stadiums, outdoor amphitheaters and sports fields.
A.
The applicant shall present a means to ensure that the normal flow of traffic to events will avoid the utilization of local streets in residential districts.
B.
No facility shall be located within 200 feet of an R-1A or R-1B District.
C.
Present a plan for management of noise through screening and buffering.
§ 200-39L Cemeteries.
Funeral homes are a separate use, and crematoriums are considered an industrial use.
A.
File a site plan to demonstrate the design and layout of the proposed cemetery or cemetery expansion and specifically illustrating: the proposed drainage plan, the internal circulation plan and the location of accessory building.
B.
Connections to existing Borough streets will be no closer than 50 feet to a street intersection, 15 feet to a fire hydrant, 30 feet to a driveway on the same side of the street and shall avoid streets or driveways opposite proposed means of ingress and egress.
C.
Shall demonstrate compliance with applicable state laws.
D.
All accessory uses must be clearly incidental and subordinate to the function of the cemetery.
E.
All new facilities shall have a size of at least one acre.
§ 200-39M Indoor commercial recreation.
§ 200-39N Day care centers.
A.
Day care services for children shall be defined as type consistent with Commonwealth of Pennsylvania licensing. No day care home shall expand into another commonwealth licensing classification without zoning approval.
B.
Any outdoor play area shall be effectively fenced from access to abutting properties or streets with a solid or opaque fence of at least four feet in height.
C.
If the lot is located on a state highway route that does not provide on street parking, a turning place shall be provided on lot to assist drivers in avoiding backing on to a state highway.
D.
The operator shall secure and keep current all permits from the Commonwealth or other licensing agencies.
§ 200-39O Eating and drinking places.
§ 200-39P Transitional housing facility.
A.
The facility operator shall present to the Borough applicable information about any and all limits upon residency to determine the facility will not operate as a halfway house.
B.
If the facility is located in a former single family dwelling, no more than 10 residents are permitted at any one time. Maximum residency of other building types is limited to 16 persons.
C.
No transitional housing facility shall be located within 300 feet of another transitional housing facility.
§ 200-39Q Upper floor dwelling unit.
A.
Shall only be permitted where the ground floor, or majority thereof, shall be used or dedicated for a use other than residential, and a use allowed in the zoning district in which the building is located.
B.
The dwelling units shall have no more than four bedrooms.
C.
Each dwelling unit shall provide the following minimum usable living space:
(1)
Minimum of 600 square feet of usable space for one-bedroom units, for occupancy of no more than two persons.
(2)
Minimum of 800 square feet of usable space for two-bedroom units, for occupancy by no more than four persons.
(3)
Minimum of 910 square feet of usable space for three-bedroom units, for occupancy by no more than six persons.
(4)
Minimum of 1,095 square feet of usable space for four-bedroom units, for occupancy by no more than eight persons.
D.
Any structure in which a residential use is permitted shall comply with all requirements of this chapter applicable to the permitted principal use of the ground floor conducted therein. All otherwise complying above ground floor residential uses shall be exempt from lot size, lot coverage, and lot width and setback requirements.
E.
There shall be provided at least one leased or otherwise dedicated off-street parking space for every one or two bedroom dwelling unit and two spaces for each three or more bedroom dwelling unit.
§ 200-39R Private clubs and lodges.
A.
No private club shall function as a bottle club, as defined by the Pennsylvania Code.
B.
Live entertainment shall not be of a sexually oriented nature, or any other entertainment qualifying the performance as a sexually oriented business.
C.
All music, entertainment or sound systems shall be confined to the hours of 10:00 a.m. to 9:00 p.m., if such music is either outdoors or audible from outside the building.
§ 200-39S Tattoos and body piercing studio.
§ 200-39T Commercial schools.
A.
As part of their Borough application, the commercial school shall show the ability to meet all performance standards of § 200-33. No offensive noise, vibration, smoke (or other particulate matter), heat, humidity, glare or other objectionable effects shall be produced.
B.
No equipment or processes shall be used which create interference in radio or communication receivers off the premises or which cause fluctuation in utility line transmissions. Applicant will also show that electric or electronic equipment will not create an electrical fire hazard.
§ 200-39U Drive-through and car wash facilities.
A.
All drive-through lanes shall be designed to minimize conflict with pedestrian traffic. Drive-through lanes may not be emplaced where they conflict with a pedestrian building entrance.
B.
A total stacking area or parking area outside the washing bays with a capacity for six cars shall be provided.
C.
Under no circumstances shall a public street or alley serve as a drive-through or stacking lane.
D.
A solid wall of at least 24 inches in height shall be emplaced along all parking/drive-through areas which abut sidewalks, with the exception of designated vehicular access lanes.
§ 200-39V Auto and equipment sales, service and repair.
A.
There shall be no outdoor storage of new or used parts, scrap parts, unlicensed vehicles, and parts of vehicles, tires or vehicles which lack current Pennsylvania inspection stickers. The overnight parking of customer vehicles and the screened storage of approved trash containers shall be permitted.
B.
Vehicles for sale shall be stored within setback areas for the District.
§ 200-39W Gas station/convenience store.
§ 200-39X Sexually oriented business.
A.
These businesses have potential negative secondary impacts upon the community, including:
(1)
Frequent use for unlawful sexual activities, including prostitution and public sexual liaisons of a casual nature.
(2)
The concern over sexually transmitted diseases is a legitimate health concern of the Borough, which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens.
(3)
There is convincing documented evidence of a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values.
(4)
Serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to neighboring blight and downgrading the quality of life in the adjacent area.
B.
Permitting and/or licensing is a legitimate and reasonable means of accountability to ensure that the operators of sexually oriented businesses comply with reasonable regulations and to ensure that the operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation. However, it is not the intent of this chapter to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance, which addresses the secondary effects of sexually oriented businesses. Nor is it the intent of the Borough to condone or legitimize the distribution of obscene material.
C.
Sexually oriented business, as defined, herein shall be permitted as a conditional use, provided:
(2)
The proposed business does not lie within 500 feet of another adult entertainment business.
(3)
Compliance with all other applicable local codes and licenses is presented to the Borough Council.
(4)
Visibility from the street. No sexually oriented business shall permit, or cause to be permitted, any stock in trade or sign which depicts, describes or relates to specified sexual activities and/or specified anatomical areas as defined under any Borough ordinance, to be viewed from the street, sidewalk or highway.
§ 200-39Y Planned shopping center or mixed use development.
This section facilitates the construction of large or multiple-building developments which may include a mix of retail, eating and drinking places, professional offices, and personal services.
A.
The center shall either be planned around a central green or quadrangle area or existing street, with consideration given to the relationship of various buildings and uses to each other. A minimum of 10% of the total developed area shall be devoted to such greens or common passive recreational areas. This shall be in addition to any normal required yard and setback areas or limitations upon coverage.
B.
The applicant shall submit a sketch plan that generally identifies proposed areas for various permitted and conditional uses within the center. This sketch plan need not include final dimensions and final designs of any public or private improvements and is not to be regarded as a preliminary or final plan under the Borough Subdivision and Land Development Ordinance [Chapter 180], but shall focus upon the relationship of proposed uses to each other and the surrounding neighborhood. If areas are specifically identified for conditional uses, and meet all performance standards, their subsequent development may proceed by right at a later date without additional conditional use approval.
C.
The applicant shall submit plans for any architectural guidelines or covenants proposed to ensure a harmonious development of the center as an integral whole.
D.
The applicant shall submit a sketch landscaping plan that illustrates how landscaping will be used to buffer the proposed center from any abutting residential areas. The Borough may increase standards for buffering and landscaping as a reasonable additional condition and safeguard.
§ 200-39Z Flea markets and outdoor markets.
A.
The operator of the flea market shall either be the property owner, or provide evidence of written permission (such as a lease agreement) to utilize the property.
B.
The operator shall submit a plan that details public parking areas, and the number and location of proposed seller stalls. The plan shall detail areas to allow vendors selling from cars to enter and exit while avoiding pedestrian areas.
C.
The operator shall have a contract with an approved waste hauler, and a minimum of one 50 gallon capacity solid waste receptacle (or equivalent dumpster capacity) for every four proposed sellers. The operator shall agree to dispose of all unsold items left on site by vendors.
§ 200-39AA Bottle clubs.
A.
Shall be located at least 500 feet from the nearest property line of any other bottle club, place of worship, school or other institution of learning or education, hospital, library, park, or playground.
B.
Shall be located at least 200 feet from any land zoned residential.
C.
Shall be located at least 200 feet from any property line of any single or multi-family dwelling.
§ 200-39BB Correctional facility or halfway house.
A.
Shall present the Borough with a security plan that takes into account the safety of Borough residents.
C.
No correctional facility, halfway house or treatment center may be located where any adjacent property contains a pre-existing single family home in separate ownership from the proposed facility.
§ 200-39CC Building material and supply yards.
A.
All outdoor storage shall be within all, rear or side yard setbacks and behind the principle structure, screened from view of any public road.
B.
All parking, loading and unloading facilities shall be clearly designed so motor vehicles will not be required to back into or from streets or roads when parking or leaving the premises.
C.
No building shall exceed 50,000 square feet in gross floor area.
D.
The Borough may require screening or buffering as a reasonable condition and safeguard.
§ 200-39DD Light manufacturing and self-service storage facilities.
A.
The applicant shall submit a sketch plan with a conditional use application. This sketch plan need not include final dimensions and final designs of any public or private improvements, but shall focus upon the relationship of proposed building and parking areas to each other and the surrounding neighborhood, overall building design, and any landscaping, screening and buffering proposed. Include the method for minimizing the effect of any truck traffic on congested areas.
B.
Describe any and all industrial processing and product lines in such detail to ensure the Borough that the applicant meets the definition of light manufacturing.
C.
All industrial activities shall be contained indoors and any outdoor storage shall be screened from view. For self-service storage facilities, any screened outdoor storage shall be limited to motor vehicles or recreational vehicles or trailers, licensed to travel the highways of the Commonwealth.
D.
No building shall be larger than 20,000 square feet in area.
§ 200-39EE Retail liquor store.
§ 200-39FF Hotel/motel.
§ 200-39GG Community gardens.
Community gardens are a private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family.
A.
Community gardens are permitted in all nonresidential zoning districts.
B.
Fencing the garden must be screened by a minimum of four feet tall, solid fence around the perimeter of the garden unless topography or adjacent land use render the site not visible from the public way. If the adjacent property is zoned residential or transitional district, provide a six-foot tall solid fence.
C.
Parking. Provide a permeable paved surface with one parking space for every four garden plots.
D.
No retail sale of garden products may take place at the community gardens.
§ 200-39HH Neighborhood retail distribution and fulfillment center.
[Added 11-21-2022 by Ord. No. 1077]
A neighborhood retail distribution and fulfillment center shall be subject to the following special criteria:
A.
Each application shall include a land development plan in conformance with the Borough's Subdivision and Land Development Ordinance,[1] depicting the facility, adjacent unloading/loading areas, parking spaces, all interior and exterior retail delivery/pickup areas, means of pedestrian and vehicular ingress and egress from the facility and the planned shopping center, landscaping, screening and buffering designed to minimize the impact of the facility on nearby or adjacent properties zoned for residential uses, and such other improvements as required under the Borough's Subdivision and Land Development Ordinance or supplemental regulations of the Zoning Ordinance.
B.
Any truck loading/unloading and outdoor storage areas shall be screened from view from adjacent public streets.
C.
The applicant shall be responsible for minimizing the effect of any truck or other vehicular traffic both within the planned shopping center and on adjacent congested streets, if any.
D.
All operations and activities, other than deliveries to the building at loading docks and consumer pickup and delivery, shall be contained indoors.
E.
The building facade shall be compatible and consistent with the planned shopping center in which it is located.