Edinboro City Zoning Code
PART 3
DISTRICT REGULATIONS
§ 27-301 Zoning Map.
[Ord. 457, 1/31/1994, § 301]
A map entitled the "Edinboro Borough Zoning Map" is hereby adopted as part of this chapter. The Zoning Map shall be kept on file and be available for examination at the Borough offices.
§ 27-302 Zoning Districts.
[Ord. 457, 1/31/1994, § 302]
1.
The Borough is divided into the districts set forth by this chapter and as shown by the district boundaries on the Zoning Map. The districts are:
A.
A-Agricultural District. It is the intent of this district to establish and preserve areas for agricultural and low-density outdoor recreation uses that do not significantly change the natural character of the land or attract large numbers of people.
B.
U-University District. The University District is established to preserve areas occupied by the University of Edinboro and facilitate their use by that institution.
C.
RC-Recreation District. The purpose of this District is to preserve public recreational areas owned by the Borough of Edinboro for the beneficial use of its citizens and to recognize and protect the integrity of adjacent residential areas.
D.
Residential Districts. Districts designated for residential use are for dwellings and uses normally associated with residential neighborhoods. The specific purpose for each of the residential districts is as follows:
(1)
R-1 and R-1A Single-Family Residential Districts. These zones are for single-family dwellings and related uses. Uses for these two districts are similar; however, a higher developmental density is permitted in the R-1A District.
(2)
R-2 Single-Family and Limited Multi-family Residential District. This district is established to provide an area of single-family and limited multi-family dwellings as a varied residential district.
(3)
R-3 Lakeside Residential District. The purpose of this district is to accommodate development in the Lakeside District of Edinboro.
(4)
R-4 Multi-family Residential District. The intent of this district is to establish an area for a variety of housing types and provide for more intense residential densities as may be required for apartment and townhouse development.
E.
RLB-Residential Limited Use District. This zone is designed to permit a variety of residential and limited business uses in the Borough. Its purpose is to afford limited commercial activities which are amenable to residential uses while preserving the character of an established residential area. As it is the intent of this chapter to preserve the residential character of the neighborhood, generally nonresidential uses (listed under special exceptions in Table 27-306-1) will only be allowed in converted residences.
F.
Commercial District. The commercial districts are designed to provide for needed commercial and related activities within the Borough:
(1)
C-1 Downtown Business District. This district is specifically designed for the existing downtown Edinboro business district. It allows for a wide range of commercial, upper floor residential and related uses while recognizing the physical limitations of this already built up area. Most off-street parking and loading/unloading requirements are eliminated for this zone.
(2)
C-2 Periphery Business District. This district is designed to accommodate a wide range of commercial, residential and related uses.
G.
I-1 Industrial District. The Industrial District is designed to allow space for existing and new development to support the Borough's economic life. Development within this zone is expected to be of a quality that will be compatible with surrounding land use. It is specifically aimed at light manufacturing, fabrication, wholesale uses, nonhazardous research and development and similar activities.
§ 27-303 Annexed Areas.
[Ord. 457, 1/31/1994, § 303]
Any territory hereafter annexed by the Borough of Edinboro will be automatically zoned R-1, until otherwise classified by the Borough.
§ 27-304 District Boundaries.
[Ord. 457, 1/31/1994, § 304]
District boundaries that are shown between the lines of streets, streams, and transportation right-of-ways, shall be deemed to follow the center lines. The vacation of streets shall not affect the locations of such district boundaries. When the Zoning Officer cannot definitely determine the location of a district boundary by such center lines, by the scale or dimensions stated on the Zoning Map, or by the fact that it clearly coincides with a property line, he shall refuse action and the Zoning Hearing Board, upon appeal, shall interpret the location of the district boundary with reference to the scale of the Zoning Map and the purpose set forth in all relevant provisions of this chapter.
§ 27-305 Zoning District Changes.
[Ord. 457, 1/31/1994, § 305]
All approved changes to zoning districts shall be promptly recorded on the Zoning Map by the Zoning Officer.
§ 27-306 Permitted Uses, Conditional Uses and Special Exceptions.
[Ord. 457, 1/31/1994, § 306; as amended by Ord. 482, 3/23/1998, § 2; by Ord. 545, 2/26/2007, § 27-306; by Ord. 561, 5/12/2008, § 2; by Ord. 563, 8/11/2008, §§ 2, 3; by Ord. 578, 5/10/2010, § 3; by Ord. No. 619, 1/6/2020; by Ord. No. 626, 6/12/2023; by Ord. No. 628, 6/10/2024]
The permitted uses, conditional uses and special exceptions for each district are shown in the following table (Table 27-306-1). Special exceptions may be granted or denied by the Zoning Hearing Board in accordance with the express standards and criteria of this chapter. In granting a special exception, the Board may attach reasonable conditions and safeguards as it may deem necessary to implement the purpose of this chapter and protect the neighborhood. Conditional uses may be granted or denied by Borough Council pursuant to the recommendations of the Edinboro Planning Commission and the express standards and conditions of this chapter. In allowing a conditional use, the Borough Council may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and protect the neighborhood. Uses in each category shall be according to the common meaning of the term or according to definitions set forth in Part 2. Uses not specifically listed or defined shall not be permitted.
Table 27-306-1 | ||
|---|---|---|
Zoning Districts | ||
Permitted Uses, Conditional Uses and Special Exceptions | ||
A - Agricultural District | ||
Permitted Uses | Conditional Uses | Special Exceptions |
Single-Family Dwellings | ||
Agricultural | ||
Accessory Uses | ||
Accessory Buildings | ||
U-University District | ||
|---|---|---|
Permitted Uses | Conditional Uses | Special Exceptions |
Educational Facilities | ||
Recreational Facilities | ||
Residential Facilities | ||
Administrative Facilities | ||
Accessory Uses | ||
Accessory Buildings | ||
Essential Services | ||
Fraternities and Sororities | ||
Dormitories | ||
RC — Recreation District | ||
|---|---|---|
Permitted Uses | Conditional Uses | Special Exceptions |
Public Recreation (§ 27-413) | ||
Essential Services | ||
Accessory Uses | ||
Accessory Buildings | ||
R-1 Single-Family Residential District and R-1A Single-Family Residential District | ||
|---|---|---|
Permitted Uses | Conditional Uses | Special Exceptions |
Single-Family Dwellings | Public Utility Substations (§ 27-303, Subsection 1B) | |
Accessory Uses | ||
Public Parks and Playgrounds | ||
Essential Services | ||
Accessory Buildings | ||
Forestry Activities | ||
R-2 Single-Family and Limited Multi-family Residential District | ||
|---|---|---|
Permitted Uses | Conditional Uses | Special Exceptions |
Single-Family Dwellings | ||
Two-Family Dwellings | ||
Accessory Uses | ||
Public Parks and Playgrounds | ||
Accessory Buildings | ||
Essential Services | ||
Planned Residential Development (Part 8) | ||
Forestry Activities | ||
Short-Term Rental | ||
R-3 Lakeside Residential District | ||
|---|---|---|
Permitted Uses | Conditional Uses | Special Exceptions |
Single-Family Dwellings | Public Utility Stations (§ 308, Subsection 1B) | |
Public Parks and Playgrounds | Nursery Schools (§ 308, Subsection 1G) | |
Two-Family Dwellings | Boat Rental and Repair (§ 308, Subsection 1F) | |
Accessory Uses | Home Occupations (§ 308, Subsection 1O) | |
Accessory Buildings | Bed and Breakfast (§ 308, Subsection 1T) | |
Essential Services | ||
Forestry Activities | ||
Short-Term Rental | ||
R-4 Multi-Family Residential District | ||
|---|---|---|
Permitted Uses | Conditional Uses | Special Exceptions |
Single-Family Dwellings | ||
Two-Family Dwellings | ||
Multi-family Dwellings | ||
Rooming/Boarding Houses | ||
Accessory Uses | ||
Accessory Buildings | ||
Essential Services | ||
Individual Mobile Homes (§ 27-414) | ||
Forestry Activities | ||
Short-Term Rental |
RLB — Residential Limited Use District | ||
|---|---|---|
Permitted Uses | Conditional Uses | Special Exceptions |
Single-Family Dwellings | ||
Two-Family Dwellings | ||
Essential Services | ||
Accessory Uses | ||
Accessory Buildings | ||
Forestry Activities | ||
Short-Term Rental | ||
C-1 Downtown Business District | ||
|---|---|---|
Permitted Uses | Conditional Uses | Special Exceptions |
Retail Business | ||
Professional Services | ||
Eating and Drinking Places (Not Drive-Through) | ||
Theaters | ||
Accessory Uses | ||
Essential Services | ||
Accessory Buildings | ||
Dog Grooming | ||
Home Occupations | ||
Banks and Financial Institutions | ||
Recreational Facilities | ||
Short-Term Rental |
C-2 Periphery Business District | ||
|---|---|---|
Permitted Uses | Conditional Uses | Special Exceptions |
Retail Business | ||
Professional Services | ||
Eating and Drinking Places (Not Drive-Through) | ||
Theaters | ||
Accessory Uses | ||
Accessory Buildings | ||
Essential Services | ||
Dog Grooming | ||
Home Occupations | ||
Banks and Financial Institutions | ||
Recreational Facilities |
Short-Term Rental |
I-1 Industrial Districts | ||
|---|---|---|
Permitted Uses | Conditional Uses | Special Exceptions |
Light Manufacturing | ||
Corporate Offices | ||
Professional Offices | ||
Accessory Uses | ||
Essential Services | ||
Accessory Buildings | ||
I-2 Industrial District (Walker Drive Industrial Park) | ||
|---|---|---|
Permitted Uses | Conditional Uses | Special Exception |
All uses listed as permitted uses in the I-1 District shall be permitted uses in the I-2 district plus: | ||
Warehousing | ||
Wholesale Sales and Storage | ||
Rental Service and Storage | ||
§ 27-307 Lot, Yard and Height Requirements.
[Ord. 457, 1/31/1994, § 307]
The minimum lot area, minimum lot area per family, maximum lot coverage by buildings and structures, minimum depth of front yard, minimum depth of rear yard, side yard requirements, maximum height of structures and number of stories for each district shall be as specified in Table 27-307-1.[1]
[1]
Editor's Note: Table 27-307-1 is included as an attachment to this chapter.
§ 27-308 Conditional Uses and Special Exceptions.
[Ord. 457, 1/31/1994, § 308; as amended by Ord. 482, 3/23/1998, §§ 4, 5; by Ord. 545, 2/26/2007, § 27-308; by Ord. 578, 5/10/2010, § 4; and by Ord. 585, 9/12/2011]
1.
The criteria for conditional uses and special exceptions are listed below. In addition to these, the Zoning Hearing Board, in granting special exceptions, and Borough Council/Planning Commission in considering conditional uses, 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 special exception or conditional use, the Board or Council (as appropriate) may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., and this chapter:
A.
Churches, Schools, Instructional Schools, Hospitals and Nursing Homes.
(1)
Shall provide all parking and loading/unloading requirements as required by this chapter.
(2)
Shall be located on a public street with a minimum cartway of 20 feet.
(3)
The design and landscaping shall be compatible with, and preserve the character of adjoining residential uses.
(4)
All parking and recreation/play areas which abut residential uses shall be screened.
(5)
Any outdoor lighting shall be designed to prevent glare to adjoining properties.
(6)
In the RLB District, this use will be permitted only in buildings originally used as residential structures and converted to this use.
(7)
All necessary licenses or permits issued by county, state or federal agencies shall be presented to the Board and required licenses, certificates or permits shall be a condition for approval.
B.
Public Utility Substations.
(1)
Shall be landscaped to present a minimum intrusion upon the neighborhood.
(2)
Shall be enclosed by a security fence. Not withstanding any other section of this chapter, the height of this fence shall be adequate to provide proper security for the installation.
(3)
No outdoor storage shall be permitted.
C.
Cemeteries. Prior to the establishment of a new cemetery or the expansion of an existing cemetery, the owner shall:
(1)
File a site plan with the Borough to demonstrate the design and layout of the proposed cemetery or cemetery expansion specifically illustrating the proposed drainage plan, the internal circulation plan and the location of accessory building(s).
(2)
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.
(3)
Shall demonstrate compliance with applicable state laws.
(4)
All accessory uses must be clearly incidental and subordinate to the function of the cemetery.
(5)
All crematoriums must secure and present all needed permits from the Commonwealth of Pennsylvania and the County of Erie.
D.
Medical and Dental Clinics, Professional Offices.
(1)
Such facilities shall exclude the treatment of the insane nor shall they include penal or correctional institutions.
(2)
Access shall be from a street with a pavement width of at least 20 feet.
(3)
All required parking, loading and unloading shall be contained entirely on-lot, including sufficient maneuvering room so that vehicles will not back onto a public street. Any parking area next to a residential use shall be screened. (See definition of "screening.")
(4)
All lighting shall be so arranged to prevent glare to adjoining properties.
(5)
The total floor area of the principal structure and all accessory uses shall not exceed 3,000 square feet.
(6)
In the RLB District this use will be permitted only in buildings originally used as residential structures and converted to this use.
F.
Boat Rental Sales and Repair. As the Lakeside District is next to Edinboro Lake, the accommodation of boat rental sales and repair facilities is appropriate. Such uses shall:
G.
Nursery Schools. These uses shall:
(1)
Provide evidence that they have the necessary state licenses/permits or registration.
(3)
Provide a plan for the pick up and drop off of students in a safe manner. For new structures, a circular drive or similar arrangement shall be required so this activity is off-street. For existing structures, the same arrangement is required, where feasible. In any event, the operator of the facility is required to clearly show how student drop off/pick up will occur in a safe manner.
H.
Funeral Parlors.
(1)
There shall be no receiving vault, preparation room or display of merchandise visible from outside the principal building.
(2)
There shall be a minimum of 5,000 square feet of off-street parking, but in no event less than required by Part 4 of this chapter.
(3)
All crematoriums must secure and present all needed permits from the Commonwealth of Pennsylvania and the County of Erie.
(4)
In the RLB District, this use will be permitted only in buildings originally used as residential structures and converted to this use.
J.
Multi-family Dwellings.
K.
Townhouse Developments.
(1)
There shall be no townhouse building consisting of more than six dwelling units.
(2)
The developer shall vary architectural treatments between units in a townhouse development. Variations may include those of exterior elevation, building setbacks, provision of balconies, architectural details, pitch of roof, exterior materials or use of color. Variety and flexibility in design, layout and arrangement of buildings, parking areas, services, recreational areas, common open space and planting that fully considers the particular physical characteristics of the site and natural amenities is highly desired.
(3)
The horizontal distance between townhouses shall be:
(4)
The minimum width of any side yard abutting a street, driveway or parking area shall be not less than 20 feet.
(5)
Access and service shall be provided in the front of each dwelling unit in the townhouse. Parking will be provided on the lot, as carports, as an integral part of the townhouse, or a joint parking facility for a group of townhouses with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities and methods of assigning charges for maintaining snow removal and repairs.
(6)
Adequate refuse storage facilities shall be provided and shall be either in a structure closed on at least three sides or shall be screened from adjoining properties by a fence or screen plantings.
L.
(Reserved)
M.
Heavy Manufacturing. Heavy manufacturing shall be located where the emission of objectionable gases, fumes, smoke or dust will not be objectionable to established permitted uses nearby or is controlled by the installation of special equipment. Outside storage yards abutting or immediately across a street from any R District shall be screened. They shall meet all performance standards set forth in § 27-406, "Performance Standards."
N.
Mobile Home Parks. Mobile home parks will be allowed, as a conditional use, in the R-4 District provided the following conditions are met:
(1)
The minimum site required for a mobile home park shall be five contiguous acres.
(2)
The site of a mobile home park shall be serviced by public water and public sewers.
(3)
Around the perimeter of the mobile home park site there shall be minimum front and rear yards of 50 feet each and minimum side yards of 30 feet each. No portion of an individual mobile home lot may extend into the required perimeter yards. Landscaping, parking and recreational facilities may project into the required perimeter yards.
(4)
Individual mobile home lots shall meet the following minimum requirements:
(5)
Support and Anchoring. Individual mobile homes shall be placed upon suitable supports to insure that the unit will remain level and free from structural damage. Each mobile home shall be provided with an anchoring system to prevent and resist overturning or lateral movement caused by wind forces. Such anchoring shall be equivalent to or exceed NFPA Standard No. 501A-1974 (ANSI A119.3-1975).
(6)
Skirting. Each mobile home shall be skirted with an enclosure of compatible design and material. Such skirting shall provide adequate ventilation to inhibit the formation of moisture and decay.
(7)
Common Facilities. No less than 10% of the mobile home park site shall be devoted to common facilities for passive and active recreation limited to use by the residents of the mobile home park.
(8)
Screening. All property lines shall be screened by a screen planting area which is at least 15 feet in depth measured from the property line.
(9)
Interior streets shall be lighted.
(10)
Interior streets shall be designed in accordance with the following standards:
(a)
One-way minor streets serving less than 20 lots shall have a minimum paving width of 14 feet. Two-way minor streets serving fewer than 20 lots shall have a minimum paving width of 18 feet.
(b)
All other one-way streets within the mobile home park shall have a minimum paving width of nine feet per moving lane where on-street parking is prohibited and shall have a minimum paving width of 12 feet per moving lane where on-street parking is permitted.
(c)
All other two-way streets within the mobile home park shall have a minimum paving width of 18 feet where on-street parking is prohibited and shall have a minimum paving width of 24 feet where on-street parking is permitted.
(11)
All parts of the park and mobile home lots in particular shall be suitably graded to prevent water ponding. Facilities for stormwater management shall be exempt from this requirement.
O.
Home Occupations. Home occupations are a potential intrusion upon residential areas and as such must meet all the requirements listed in this section:
(1)
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.
(2)
Employees. No more than one outside employee, other than a family member, shall participate or work in the home occupation, except in the R-1 District where no outside employees shall be permitted.
(3)
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, automotive bodywork and similar undertakings.
(4)
Home occupations may include, but are not limited to, art studios, music studios (limited to one student at a time), professional services, dressmakers, beauty shops, barber shops and building crafts (carpentry, electrical, painting and plumbing) when the residential use is limited to office and storage facilities in keeping with the intent of this section.
(5)
The nature of the home occupation shall not change the outward characteristics of the home as a residential unit.
(6)
No more than 25% in aggregate of the home and accessory buildings may be used for a home occupation.
(7)
One sign no larger than 1.5 square feet in an R-1 District located flat on the principal structure or two square feet in any other district may be used to announce the name or purpose of the home occupation.
(8)
Home occupations shall not operate before 8:00 a.m. nor after 9:00 p.m.
(9)
Any retail sales shall consist primarily of items made on the premises. No more than 25% of on-premises sales shall be from items not made on the premises.
(10)
No more than one home occupation per dwelling shall be permitted.
P.
Residence as a Secondary Use. This special exception is specifically designed to allow residential uses in the C-1 District on upper floors only. In addition to meeting other applicable regulations set forth in this chapter, such uses shall:
(1)
Provide for two separate means of ingress and egress for each dwelling unit.
(2)
Provide at least 500 square feet of usable space per dwelling unit. Nonfamily households shall not exceed three persons.
(3)
Provide for off-street parking for occupants, on-lot or within 400 feet of the proposed dwelling. The provision of adequate off-street parking shall be mandatory to maintain a secondary residence use.
(4)
Present proof that each secondary dwelling can be adequately accommodated with sanitary sewerage services.
(5)
In the C-1 District, residences will be allowed only on second or higher floors.
(6)
Residence uses will not be allowed on parcels where dangerous or flammable liquids are stored or used.
Q.
Gasoline Service Stations, Automobile Sales and Service. Shall be permitted subject to the following regulations:
(1)
Any fuel pumps shall be at least 30 feet from the front lot line and at least 30 feet from a side lot line.
(2)
No vehicle will be parked or stored along the front property lines.
(3)
Any lot line abutting a residential district or residential use shall be screened using screen plantings.
(4)
There shall be no outdoor storage of new or used parts, scrap parts, unlicensed vehicles, tires, vehicles which lack current Pennsylvania inspection stickers or parts of vehicles. The overnight parking of customer vehicles and the storage of DEP/EPA approved trash containers shall be permitted.
R.
Personal Care Boarding Home for Adults, Group Homes and Adult Day Care. The purpose of such homes is to provide residences for individuals in a home-like setting. Consequently, it is essential to maintain an exterior appearance that is in harmony with surrounding residences. In addition, such uses shall meet the following conditions:
(1)
There shall be no sign or exterior display indicating the name of the home or its use larger than two square feet.
(2)
At least one additional on-lot parking space shall be provided for each two guests.
(3)
No home shall admit more than eight guests/clients at any one time.
(4)
The type of home, along with any required local, county and/or state certifications shall be presented to the Board.
(5)
In the RLB District, this use will be permitted only in buildings originally used as residential structures and converted to this use.
S.
Day Care Facilities. Day care facilities (see Part 2) shall be allowed as a special exception providing the following criteria are met:
(1)
Any outdoor play area shall be effectively screened from abutting properties.
(2)
For all new construction, and where feasible for existing structures, circular driveways shall be provided to deliver and pick up children off public streets. These facilities are intended for the safety of the children and the protection of the neighborhood. In any event, the developer shall demonstrate how pickup and delivery shall occur in a safe manner.
(3)
One parking space for each employee shall be required.
(4)
Such facilities must be licensed or registered (as appropriate) by the Pennsylvania Department of Public Welfare.
(5)
In the RLB Districts this use will be permitted only in buildings originally used as residential structures and converted to this use.
T.
Bed and Breakfast. Such uses are intended to provide overnight or short term (not more than two weeks) accommodations for transient guests in a home-like atmosphere. They must meet the following regulations:
U.
Shopping Centers. Shopping centers are structures erected for three or more principal permitted uses within a business district. Any additions to existing shopping centers shall also follow this process. Such uses must provide the following:
(1)
Site plan, showing:
(a)
The intended development, with the location of each structure and its proposed use.
(b)
Relationship to surrounding development (within 100 feet).
(c)
Utility installation (at a minimum, sanitary sewers, electric, gas, cable).
(d)
Illumination plan (note: lights may not produce glare on adjoining properties).
(f)
Drainage plan.
V.
Truck Terminals. This use is intended to accommodate a trucking/storage business which will acquire a load(s) of material with the intent to store temporally and then be distributed by other trucks. Because this use will border residential neighborhoods the following conditions shall be met:
(1)
No more than 10 tractor/trailer rigs will be permitted on the premises at one time.
(2)
All vehicles on site shall have:
(a)
Valid license and insurance coverage.
(b)
Valid state inspection if applicable.
(c)
There shall be no storage trailers on site.
(d)
There shall be no fueling/refueling capabilities on site.
(e)
There shall be no provisions for a truck repair facility.
(f)
The storage of hazardous materials is strictly forbidden.
(g)
The running of tractor rigs during nighttime hours will be prohibited.
W.
Eating and Drinking Places-Drive-Through. These restaurants are distinguished from other restaurants due to the quick turnover of customers and the drive-through lanes which generate greater traffic.
(1)
All lots shall be at least 20,000 square feet in size and at least 80 feet wide.
(2)
All parking areas shall be designed for easy ingress and egress. In no event shall vehicles be required to back onto a public right-of-way.
(3)
Drive-through windows or outside order stations shall be set back from the street with stacking room for at least six vehicles.
X.
Restaurants. In the RC-Recreational District, restaurants will be allowed upon approval of the Council and review by the Planning Commission.
Y.
Conversion Dwellings. The purpose of conversion dwellings is to allow for the conversion of older, larger single-family homes into multi-family units. To be allowed to convert from a single-family into duplex or multi-family units, the following criteria must be met:
(1)
All units must have separate kitchen and bathroom facilities as well as living/sleeping spaces.
(2)
Each unit shall have a minimum size of 600 square feet exclusive of common spaces.
(4)
Conversion shall be limited to four dwelling units or less in the R-2 District and two dwelling units in the RLB District.
(5)
All other Borough codes must be met.
Z.
(Reserved)
AA.
Bottle Clubs. Bottle clubs are a place of assembly owned, maintained or leased, for pecuniary gain, in which no intoxicating beverages are sold, but where patrons are permitted to bring intoxicating liquors upon the premises for their own use and consumption. Such uses shall meet the following criteria:
(1)
Bottle clubs shall not be within 1,000 feet from the nearest residential property line, church, school or other institution of learning or educational facilities, library, park or playground.
(3)
No person shall consume, or display or allow consumption or display of intoxicating beverages on the premises of a bottle club or a business establishment between the hours of 2:00 a.m. and 8:00 a.m. (prevailing time).
BB.
Fraternity Houses, Sorority Houses and Dormitories. Such uses are often intense residential uses that are also sometimes used for social gatherings. As such, these uses can be highly intrusive in a residential neighborhood and the following conditions must be met:
(1)
Required lot size is 40,000 square feet.
(2)
Side yards must be 30 feet each, front yards 35 feet and rear yards 40 feet.
(3)
One parking space per residential occupant shall be required plus an additional 10 spaces for visitors. All parking must be on lot.
(4)
Side and rear yards which abut residential uses shall provide screen planting.
(5)
No outdoor loud speakers or sound systems will be allowed.
(6)
Refuse receptacles (i.e., "dumpsters" et al.) shall be located behind the rear of the main building, shall be screened on three sides and kept in a clean/odor-free condition.
CC.
No-Impact Home-Based Business. In all residential districts a business or commercial activity must satisfy the following requirements:
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(5)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage discharge in volume or type, which is not normally associated with residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
DD.
Cellular Communication Equipment.
(1)
The placement of communication towers and equipment within the Borough boundaries may cause a nuisance and/or a hazard and must therefore be carefully regulated.
(2)
Co-location of cellular communication equipment on existing commercial buildings and on existing public utility structures is the preferred solution and is encouraged over tower construction.
(3)
The co-location of cellular equipment on existing towers and commercial occupancy buildings shall be a permitted use provided that the height of the structure is not increased. The antennae and the fasteners may extend above the existing supporting structure but not more than 20 feet.
(4)
Applications that would result in an increase of structure height shall be treated as a special exception and shall be reviewed by the Zoning Hearing Board.
(5)
The following regulations and standards shall apply to new cellular towers and/or additions or modifications to existing cellular towers and/or buildings:
(a)
Cellular towers shall be allowed as a special exception in the University (U) District and shall be reviewed for approval or denial by Zoning Hearing Board through the application process for such use.
(b)
The applicant for the construction of a new tower must demonstrate through written documentation that co-location on existing structures is not technically feasible. This documentation shall be prepared, signed and stamped by a qualified registered professional engineer specializing in cellular communication.
(c)
Tower height is limited to 150 feet.
(d)
Monopole cellular tower with no guy lines is encouraged unless technical documentation supports the need for guy wires.
(e)
If guys are used, they shall be anchored on the same property as the tower property or leased property.
(f)
The tower shall be located at least 500 feet from any residential use structure.
(g)
The minimum setback dimension from all property lines shall be that equal to or exceeding the height of the tower.
(h)
Each tower site shall provide at least two paved parking spaces for service vehicles.
(i)
Structures and buildings housing ground level equipment shall meet all dimensional, height, and setback requirements for accessory structures as stated in this chapter and are limited to 400 square feet in area.
(j)
Fencing and other security measures are permitted as required by United States Homeland Security and other federal agency requirements.
(k)
Lighting and color schemes shall be regulated by the Federal Aviation Administration.