Emmaus, PA Zoning Ordinance

[Ord. 776, 6/21/1993, § 402; as amended by Ord. 830, 5/6/1996, § 3; by Ord. 940, 1/7/2002, §§ 1, 2; by Ord. 994, 6/6/2005, § 6; and by Ord. 1009, 12/4/2006]

Each of the following uses shall meet all of the following requirements for that use:

Adult Use. This is limited to the following: adult bookstore, adult movie theater, massage parlor or adult live entertainment use:

(1)

No such use shall be located within 500 lineal feet of the lot line of any primary or secondary school, place of worship, public park, day care center, child nursery, library, existing dwelling, or any site marked as a proposed future park location on any Borough Official Map.

(2)

No such use shall be located within 1,500 lineal feet of any other existing or approved adult use.

(3)

A thirty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 27-803, but with plantings of an initial minimum height of six feet.

(4)

No pornographic material, display or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.

(5)

The applicant must prove to the satisfaction of the Zoning Hearing Board that such use would not in any way adversely affect the character of the surrounding area, including property values.

(6)

No such use shall be used for any purpose that violates any federal, state or Borough law. Any violation of this zoning requirement involving a serious criminal offense that the proprietor has continuing knowledge of and allows to occur shall be sufficient reason for the Borough to revoke Borough permits.

(7)

See § 27-709, "Prohibited Signs."

(8)

No such use shall be allowed in combination with the sale of alcoholic beverages.

(9)

The use shall not include the sale or display of "obscene" materials, as defined by state law, as may be amended by applicable Court decisions.

(10)

These uses are specifically prohibited in all districts except where specifically permitted by Part 3.

(11)

A minimum lot area of one acre is required.

(12)

For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers. No room of any kind accessible to customers shall include less than 150 square feet, other than required restrooms.

(13)

No use may include live actual or simulated sex acts or any sexual contact between entertainers or between entertainers and customers.

(14)

Only "lawful" massages as defined by state court decisions shall be performed in a massage parlor.

(15)

All persons within any adult use other than a permitted adult live entertainment use shall wear non-transparent garments that cover their genitals and the female areola.

(16)

The applicant shall provide receipts showing that he/she has mailed by certified mail a written notice of the proposed hearing date to all property owners of record within 500 feet of the subject property at least 10 days prior to the hearing date.

(17)

Adult Use Owners and Managers. The applicant shall submit a written list of all persons having an ownership interest of more than 1% in the business, including shareholders and partners of any corporation. The applicant shall also submit the name of the manager who is responsible to ensure that all Borough and state regulations are enforced on a day-to-day basis. Such manager shall reside within a twenty-five-mile radius of the use. Such information shall include the person's business and home addresses and phone numbers and shall be a matter of public record. Such information shall be kept up-to-date. Failure to keep such information up-to-date shall be a violation of this chapter and be reason for suspension of Borough permits.

Adult Day Care Center.

(1)

Shall be fully licensed by the state, if required by the state.

(2)

Shall include constant supervision during all hours of operation.

(3)

Shall not meet the definition of a "treatment center."

Amusement Arcade.

(1)

The applicant shall prove to the satisfaction of the Zoning Hearing Board that there will be adequate supervision and design measures to adverse affects upon residential properties in the area.

(2)

The operator shall keep children of ages six to 15 from being within the use during school hours and/or on school days.

(3)

The use shall be setback a minimum of 300 feet from any place of worship and 150 feet from any residential district.

Auditorium, Commercial or Nightclub.

(1)

A forty-foot buffer yard shall completely separate the structure and all off-street parking areas from any lot line of any residential use or undeveloped residentially zoned lot.

(2)

A commercial auditorium shall have a minimum lot size of one acre for each 150 persons of capacity.

(3)

Any such use that allows the consumption of alcohol and that has a capacity of 250 or more persons shall be setback a minimum of 300 feet from any residential lot line.

Auto Repair Garage.

(1)

All major repair, welding and paint work shall be performed within a building, with a fume collection and ventilation system that directs fumes away from any adjacent dwellings.

(2)

All reasonable efforts shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots.

(3)

Outdoor storage of autos and other vehicles shall not be within a paved area setback required by § 27-603 nor closer than 20 feet from a lot line of an existing dwelling.

(4)

Overnight outdoor storage of junk, other than junk vehicles, shall be prohibited within view of a public street or a dwelling.

(5)

An individual junk vehicle (as defined by Part 2) shall not be stored within view of a public street or a dwelling for a total of more than 20 days. No junk vehicles shall be stored within 20 feet of an existing street right-of-way line. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time.

(6)

Service bay doors shall not face directly towards an abutting dwelling, not including a dwelling separated from the garage by a street.

(7)

A use that is primarily intended to serve trucks with three or more axles or tractor-trailer trucks shall have a minimum lot area of five acres, and all areas used for repairs, fueling and serving of such vehicles shall be setback a minimum of 250 feet from a residential lot line.

Auto, Boat or Manufactured Home Sales.

(1)

No vehicle or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area or any paved area setback required by § 27-603.

(2)

See light and glare standards in § 27-511.

Auto Service Station.

(1)

See definition in Part 2 and definition of Auto Repair Garage.

(2)

All activities, except those customarily performed at fuel or air pumps, shall be performed within a building. Spray painting or body or fender work is prohibited.

(3)

Fuel pumps shall be at least 25 feet from the existing street right-of-way. The minimum lot width shall be at least 150 feet.

(4)

Overnight outdoor storage of junk and vehicle parts, other than permitted whole junk vehicles, shall be prohibited within view of a public street or dwelling.

(5)

An individual junk vehicle (as defined by Part 2) shall not be stored within view of a public street or a dwelling for more than a total of 20 days. No junk vehicles shall be stored within 20 feet of an existing street right-of-way. No more than three junk vehicles shall be stored on the lot outside of an enclosed building at any point in time.

(6)

There shall be an ability for a minimum of three vehicles to be serviced at each cluster of gasoline pumps or to be lined up behind cars being serviced, without obstruction of access into or out of the driveways from public streets.

(7)

A use that is primarily intended to serve trucks with three or more axles or tractor-trailer trucks shall have a minimum lot area of five acres, and all areas used for fueling and servicing shall be setback a minimum of 250 feet from all residential lot lines.

Bed and Breakfast Use.

(1)

Within a primarily residential district, a maximum of four rental units shall be provided and a total maximum of 10 guests may occupy the facility at one point in time. A maximum of four persons may occupy one rental unit. Uses with a capacity of more than 20 guests shall be considered a hotel or motel.

(2)

The off-street parking spaces for the bed and breakfast shall be located: (A) to the rear of the principal building; or, (B) screened from the street and abutting dwellings by evergreen screening; or, (C) on another lot within the requirements of Part 6.

(3)

At least one bathroom shall be provided for use by guests.

(4)

There shall not be any signs, show windows or any type of display or advertising visible from outside the premises, except for a single sign, which shall not be internally illuminated, with a maximum sign area of four square feet on each of two sides and with a maximum height of eight feet.

(5)

The use shall have a residential appearance and character.

(6)

The use shall be operated by permanent residents of the lot.

(7)

There shall not be separate cooking facilities in any guest room. Food shall only be served to guests who are staying overnight, unless a restaurant is also permitted by the district regulations.

(8)

No guest shall stay for more than 14 days in any month.

(9)

The use of any amenities provided by the bed and breakfast, such as swimming pool or tennis court, shall be restricted in use to the clientele and permanent residents of the establishment and their occasional invited guests, unless commercial recreation is also permitted by the district regulations.

(10)

Any on-lot septic system shall be recertified as being adequate, in accordance with state regulations.

(11)

In a residential district, shall be restricted to buildings that existed prior to January 1, 1950.

Betting Use.

(1)

Shall be located abutting an arterial or collector street, as defined by the Official Street Classification Map.

(2)

Minimum lot area: three acres.

(3)

Minimum building setback from the lot line of any place of worship or residential zoning district: 300 feet.

Boarding House (Includes Rooming House).

(1)

Minimum lot area: 35,000 square feet.

(2)

Minimum front yard setback: 25 feet. Minimum setback from all other lot lines: 40 feet.

(3)

Minimum lot width: 125 feet.

(4)

Density. A minimum of 5,000 square feet of lot area per sleeping room or rental unit, whichever is more restrictive.

(5)

Each sleeping room shall be limited to two persons each. A minimum of one full bathroom shall be provided for every four sleeping rooms.

(6)

A fifteen-foot wide buffer yard, with screening meeting § 27-803(4), shall be provided between any boarding house building and any abutting single-family detached dwelling that is within 100 feet of the proposed boarding house building.

(7)

Interior Space. A minimum of 250 square feet of interior floor area per resident.

(8)

Maximum number of residents: 20.

(9)

See also standards for personal care homes which is a separate use.

(10)

Signs shall be limited to one wall sign with a maximum of two square feet per side.

(11)

Rooms shall be rented for a minimum period of five consecutive days.

Bus Terminal, Inter-City. For regular scheduled service between metropolitan areas; bus stations and bus stops for local bus service and occasional charter service are not regulated by this chapter.

(1)

Street access from the bus station to an arterial street or an expressway shall not require driving on a local street that is primarily residential.

(2)

Shall provide an area for the loading and unloading of buses separate from required off-street parking areas, and a separate area for pick-up and drop-off of persons from private vehicles.

(3)

May be an accessory use to a permitted shopping center or restaurant; provided, that the applicant proves to the Zoning Officer that there is adequate room for movements by the bus on the site or an adequate street shoulder for stops.

Car Wash.

(1)

Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.

(2)

On-lot traffic circulation channels and parking areas shall be clearly marked.

(3)

Adequate provisions shall be made for the proper and convenient disposal of refuse.

(4)

Water used in the operation shall be collected and recycled, and shall not flow into any storm sewers or waterways.

(5)

Water from the car wash operation shall not flow onto sidewalks or streets, to prevent hazards from ice.

(6)

Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 9:00 p.m. and 7:00 a.m.

(7)

Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.

Cemetery.

(1)

Minimum lot area for any new cemetery: two acres.

(2)

A crematorium, where allowed, shall be setback a minimum of 250 feet from all residential lot lines.

(3)

All structures and graves shall be setback a minimum of 30 feet from all residential lot lines, 20 feet from the future right-of-way of any public street and 10 feet from the cartway of an internal driveway.

(4)

No grave sites shall be located within the one-hundred-year floodplain.

(5)

The applicant shall provide evidence that, in the determination of the Zoning Officer, the use will include an appropriate permanent system to ensure perpetual maintenance. Such determination shall be based upon a review by the Borough Solicitor.

Communications Antennae, Commercial.

(1)

If the antennae is not attached to a building:

(a)

The antennae shall be setback a minimum distance equal to 2/3 of its height from all lot lines and existing street right-of-way lines; and,

(b)

If the antenna will have a height greater than 65 feet above the natural ground level, it shall not be located in a residential district.

(2)

The base of a freestanding antennae shall be surrounded by a secure fence with a minimum height of eight feet.

(3)

Any freestanding antennae higher than 50 feet that is within 100 feet of a public street or dwelling shall be surrounded (except at the driveway crossing) by evergreen screening or preserved woods meeting the requirements of § 27-803.

Conversions of an Existing Building into Dwellings or into an Additional Number of Dwelling Units.

(1)

Applicable state fire safety requirements shall be met.

(2)

The following regulations shall apply to the conversion of an existing single-family detached dwelling into a greater number of dwelling units:

(a)

The building shall maintain the appearance of a single-family detached dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance.

(b)

The conversion shall not be permitted if it would require the placement of an exterior stairway on the front of the building, or would require the placement of more than three off-street parking spaces in the required front yard abutting an arterial street.

(3)

A previously residential building shall maintain a clearly residential appearance, except as may be necessary for restoration of a historic building or for handicapped access.

(4)

Separate cooking and sanitary facilities shall be provided for each dwelling unit.

(5)

Off-street parking lots with four or more spaces shall be buffered from abutting dwellings by evergreen screening meeting the requirements of § 27-803.

(6)

Dumpster screening - see § 27-513.

(7)

A site plan shall be submitted to the Zoning Officer.

(8)

Minimum floor area - see § 27-801.

Day Care Center, Child (as a Principal Use).

(1)

See also day care center as an accessory use in § 27-403.

(2)

The use shall comply with any applicable county, state and federal regulations, including having an appropriate Pennsylvania Department of Public Welfare registration certificate or license.

(3)

Convenient parking spaces within the requirements of Part 6 shall be provided for persons delivering and waiting for children.

(4)

In residential districts, where permitted as a principal use, shall have a minimum lot area of 12,000 square feet and a minimum setback of 15 feet from an abutting residential lot line.

(5)

Shall include adequate measures to ensure the safety of children from traffic or other nearby hazards. This shall include a secure fence around any outdoor areas abutting streets that are routinely used for outdoor play.

(6)

Outside play areas in residential districts shall be limited to use between 8:00 a.m. and 8:00 p.m. if located within 150 feet of an abutting dwelling.

(7)

Outdoor play areas of a day care center involving the care of 25 or more children at any one time shall be setback a minimum of 20 feet from the exterior walls of an abutting existing occupied dwelling.

(8)

A day care center as a principal use shall not be conducted in a dwelling that is physically attached to another dwelling that does not have a common owner.

(9)

In residential districts, any permitted day care center shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.

(10)

A day care center may occur in a building that also includes permitted or nonconforming dwelling units.

(11)

See also the standards for a place of worship in this section, which allows a day care center as an adjunct use. See also § 27-306(4), which allows day care centers limited to employees of a business or institution.

Financial Institution. Any drive-in window(s) and waiting lanes shall be located and have capacity for sufficient numbers of vehicles to ensure that traffic conflicts and hazards are avoided within the site and along the streets and highways adjoining the use.

Forestry, Commercial (Excluding Plant Nursery).

(1)

See definition in Part 2.

(2)

A forestry management plan shall be prepared and followed for any commercial forestry involving more than 1/3 acre. This plan shall be prepared by a professional forester.

(3)

The forestry management plan shall be consistent with the timber harvesting guidelines of the Pennsylvania Forestry Association.

(4)

Clearcutting shall be prohibited except on areas to be forested of less than 5,000 square feet.

(5)

On areas to be forested that are larger than 5,000 square feet, at least 25% of the forest cover (canopy) shall be kept and the residual trees shall be well distributed. At least 25% of these residual trees shall be composed of higher value species as determined by a professional forester.

(6)

An erosion and sedimentation control plan shall be submitted to the County Conservation District for any review and recommendation.

(7)

The forestry management plan shall include an appropriate method to ensure re-forestation, except for areas approved for a permitted use. See § 27-515.

(8)

Commercial forestry is prohibited on areas with slopes greater than 25% or within the one-hundred-year floodway. See permitted thinning of woods in § 27-515.

Funeral Home. Minimum lot area: 30,000 square feet.

Golf Course.

(1)

The course shall be designed so that golf balls are highly unlikely to enter public streets or property that is not part of the golf course.

(2)

A clubhouse, retail sales of golf supplies, nonhousehold swimming pool and/or restaurant may be permitted as an accessory use. Any building or swimming pool shall be located a minimum of 100 feet from any residential lot line, unless the owner of such lot grants a waiver in writing from such setback.

(3)

Minimum lot area: 25 acres in a residential district.

(4)

Any outdoor lighting shall be located and designed in such a way that it does not generate more light onto residential properties than what is customary in a residential neighborhood.

(5)

Maximum building coverage: 5%.

(6)

Maximum impervious coverage: 10%.

(7)

Fairways and greens shall be setback a minimum of 30 feet from the lot line of any existing dwelling.

Group Home (Permitted Within any Lawful Dwelling Unit).

(1)

See definition in Part 2.

(2)

Supervision. There shall be adequate supervision as needed by an adequate number of person(s) trained in the field for which the group home is intended.

(3)

Certification. The use shall be licensed or certified under an applicable state, county or federal program for group housing, if applicable. A copy of any such license or certification shall be filed with the Borough, and shall be required to be shown to the Zoning Officer in the future upon request. The group home shall notify the Borough within 14 days if there is a change in the type of clients, the sponsoring agency, the maximum number of residents or if an applicable certification/license expires, is suspended or is withdrawn.

(4)

Registration. The group home shall register its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Borough. Such information shall be available for public review upon request.

(5)

Counseling. Any medical or counseling services provided on the lot shall be limited to residents and a maximum of no more than four non-residents per day.

(6)

Parking. One off-street parking space shall be provided for: (a) each employee on duty at any one time; and, (b) every 1.5 residents who have a current, valid driver's license. Off-street parking areas of more than four spaces shall be buffered from adjacent existing single-family dwellings by a planting screen meeting the requirements of § 27-803.

(7)

The use shall not meet the definition in Part 2 of a "treatment center."

(8)

Appearance. If the group home is within a residential district, the building shall be maintained and/or constructed to ensure that it is closely similar in appearance, condition and character to the other residential structures in the area. No exterior signs or other features visible from the exterior shall identify the type of use.

(9)

The following maximum number of persons shall reside in a group home, including the maximum number of employees and care-providers routinely in the group home at any point in time:

(a)

Single-family detached dwelling with minimum lot area of 15,000 square feet and minimum building setbacks from all residential lot lines of 15 feet: six total persons.

(b)

Single-family detached dwelling with minimum lot area of 25,000 square feet and minimum building setbacks from all residential lot lines of 20 feet: eight total persons.

(c)

Any other lawful dwelling unit: five total persons.

(10)

Septic. If a group home will use an on-lot septic system and will involve six or more persons routinely on the premises at any one time, the septic system shall be required to be reviewed by the Borough Sewage Enforcement Officer to determine if it is adequate.

(11)

Employees of the group home shall be prohibited from having visitors on the premises, except for visitation necessary for the operation of the group home and except for emergencies.

(12)

The use shall provide smoke detectors, illuminated "exit" signs, emergency battery-powered lighting and a minimum of two "ABC" rated fire extinguishers.

Hospital.

(1)

The use shall be served by at least two accessways or driveways with a minimum width of 20 feet. One of these accesses shall be from an arterial or collector street. The second access may be limited to emergency vehicles.

(2)

Reasonable consideration shall be given to design methods that may be able to minimize serious noise conflicts from emergency sirens in the vicinity of a residential district.

(3)

Minimum lot area: three acres.

(4)

See definition in Part 2.

Hotel/Motel.

(1)

Recreational facilities limited to guests of the use and a standard restaurant may be permitted accessory uses to a hotel or motel.

(2)

See definition in Part 2, which distinguishes between a hotel/motel and a boarding house.

(3)

Minimum lot area: 10,000 square feet.

Junkyard (Includes Automobile Salvage Yard).

(1)

Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on site and routinely awaiting pick-up.

(2)

Outdoor storage of junk shall be at least:

(a)

Eighty feet from any residential lot line; and,

(b)

Forty feet from any other lot line and the existing right-of-way of any public street.

(3)

The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared driveways shall be provided throughout the entire use to allow access by emergency vehicles. A minimum of one off-street parking space shall be provided for each 25 junk vehicles on the lot.

(4)

Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot wide buffer yard which complies with § 27-803, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure wood or chain link fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.

(5)

Burning or incineration of vehicles or junk is prohibited.

(6)

See the noise or dust regulations of Part 5.

(7)

All gasoline and oil shall be drained from all vehicles and properly disposed of. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious, properly drained surface.

(8)

Lot area: three acres minimum; 20 acres maximum.

(9)

Tires - see the "Outdoor Storage and Display" standards in § 27-403.

Kennel.

(1)

All buildings in which animals are housed and all runs shall be located at least 150 feet from all residential lot lines and 30 feet from all other lot lines.

(2)

Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent dwelling.

(3)

No animal shall be permitted to use outdoor runs from 8:00 p.m. to 8:00 a.m. that are within 300 feet of an existing dwelling. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking.

(4)

See state law regulating kennels.

(5)

A kennel may be used for breeding.

(6)

Minimum lot area: two acres.

(7)

An evergreen screen meeting the requirements of § 27-803 shall be required between any outdoor animal runs and any residential lot line.

Livestock, Raising of (or Animal Husbandry).

(1)

Minimum lot area: seven acres.

(2)

Any newly developed indoor area used for the keeping of animals or indoor or outdoor manure storage areas or feeding areas that are part of a raising of livestock use shall be located a minimum of 250 feet from the following: lot lines of existing dwellings (except the dwelling of the operator of the livestock use), undeveloped residentially zoned lots, existing restaurants and existing office uses and a minimum of 100 feet from all other exterior lot lines.

(3)

Any additions to an existing indoor area used for the raising of livestock or indoor or outdoor manure storage areas or feeding areas that are part of raising of livestock use shall be located a minimum of 200 feet from the lot lines of existing dwellings (except the dwelling of the operator of the livestock use) and undeveloped residentially zoned lots.

(4)

Any area used for the keeping of animals as part of a raising of livestock use that is not regulated by the standards of subsections (2) and (3), above, shall be separated by a fence or wall and setback 50 feet from any lot line of an existing dwelling or an undeveloped residentially zoned lot.

(5)

The keeping of minks or garbage-fed pigs shall be setback a minimum of 300 feet from all lot lines.

AA.

Low-Rise Apartments. See "Townhouses and Low-Rise Apartments."

BB.

Mid-Rise, Apartments. Such building may only have a maximum height of greater than 45 feet in areas that are setback greater than 250 feet from the existing right-of-way of Main Street and Chestnut Street.

CC.

Manufactured Home (on an Individual Lot or Within a Manufactured Home Park).

(1)

Shall be manufactured, constructed, and installed in accordance with the safety and construction standards of the United States Department of Housing and Urban Development. This standard supersedes the ICC Code (Chapter 5) for the actual construction of the unit itself.

(2)

Shall have a site graded to provide a level, stable and well-drained area.

(3)

Shall have wheels, axles and hitch mechanisms removed.

(4)

Foundation. Shall be securely attached to the ground in such as way as to prevent overturning, shifting or uneven settling of the home. This shall involve the following method, unless the applicant proves to the satisfaction of the Zoning officer that another method will be used that (a) is recommended by the manufacturer of the home or by the manufacturing housing industry; or, (b) is specified by a future edition of the Borough's BOCA Code:

(a)

The foundation system shall consist of ten-inch diameter concrete piers, concrete footing perpendicular to the main longitudinal frame, or equivalent and shall be installed from ground level to below the frost line (36 inches minimum). This foundation system shall be placed on eight feet centers (unless another length is specified by the manufacturer) along each of the two main longitudinal frames for each section of the home with no more than three feet overhang at each end of the section. The Borough Building inspector may approve other appropriate equivalent foundation methods, such as concrete trench piers placed perpendicular to the main longitudinal frame or concrete slabs under the entire home footprint.

(b)

One-half-inch diameter by twelve-inch long eyebolts, U-shaped bars or equivalent metal bars shall be cast in place at each corner and at two midpoints in the concrete piers, concrete footing, slab or equivalent. Concrete blocks shall be used to support the home on the foundation system and wood shims may be used for final leveling. The concrete support blocks shall not be wider than the support foundation.

(c)

The manufactured home shall be securely anchored or tied down with cable and turn buckles or equivalent connecting the frame to the cast in place eyebolts on at least four corners and two midpoints. The tiedown shall also be in accordance with the manufacturers' recommendations furnished with each home.

(d)

Manufactured homes shall not be placed more than four feet above the supporting ground area.

(5)

Shall be enclosed from the bottom of the home to the ground or stand using either:

(a)

Industry-approved skirting material compatible with the home; or,

(b)

If a slab foundation is used, masonry walls underneath the home with soil backfill to result in the surrounding ground level to be flush or one normal step in height below the first floor elevation. If this alternative is used, a service access area through the masonry wall shall be installed.

(6)

Shall have a pitched instead of a flat roof.

(7)

Should be located with the longest side facing the public street.

DD.

Manufactured Home Park.

(1)

Shall comply with all of the provisions of the Subdivision and Land Development Ordinance [Chapter 22] that apply to a land development, including the submission, approval and improvements provisions, other than specific provisions altered by this section. The placement of each manufactured home unit shall require a building permit.

(2)

Minimum tract size of five contiguous acres, which shall be under single ownership.

(3)

Maximum average overall density - four dwelling units per acre. To calculate this density, land in common open space or proposed streets within the park may be included, but land within the one-hundred-year floodway or that has slopes of 15% or greater shall not be included.

(4)

Shall have a twenty-five-foot buffer yard around the perimeter of the site, meeting the requirements of § 27-803. This buffer yard shall be 50 feet wide abutting lots including existing single-family detached dwellings.

(5)

Minimum separation between structural walls of dwelling units: 20 feet.

(6)

Minimum principal and accessory building setbacks:

(a)

From the exterior lot lines of the manufactured home park: 60 feet.

(b)

From the cartways of streets within the manufactured home park that serve 10 or more homes: 25 feet.

(c)

From the cartways of parking courts or streets within the manufactured home park that serve less than 10 homes: 10 feet.

(d)

From the lot lines of existing single-family detached dwellings: 100 feet.

(7)

Recreation Area.

(a)

The manufactured home park shall meet the requirements of the Borough Subdivision and Land Development Ordinance [Chapter 22] for the payment of recreation fees or the provision of recreation land.

(b)

Areas that would not be suitable for recreation shall not be counted towards the required common open space. Also, areas within 15 feet of any principal building, other than a recreation building, shall not count towards the required open space.

(8)

Each unit shall comply with the requirements for manufactured homes, in § 27-402.

(9)

A manufactured home park may include a recreation center for residents, a rental/management office, maintenance buildings for the park, a swimming pool(s) and the sale of manufactured homes that will be placed on the tract. A manufactured home park shall not include the sale of homes for placement off the tract.

(10)

If any of these requirements conflict with those of the manufactured home park regulations of the Subdivision and Land Development Ordinance [Chapter 22], as amended, then the regulations of this section shall apply instead.

(11)

In addition to the required parking per dwelling, an appropriate area shall be set aside for the parking of recreational vehicles of residents and for overflow guest parking.

(12)

The maximum height, building coverage and impervious coverage of the applicable zoning district shall apply.

(13)

All manufactured home spaces shall be wired underground for cable television and telephone lines.

EE.

Nightclub. Shall meet the requirements for an "auditorium, commercial."

FF.

Nursing Home.

(1)

Licensing - see definition in Part 2.

(2)

A minimum of 10% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.

(3)

The density shall not exceed more than one resident or bed per 100 square feet of total lot area.

(4)

Setback. Principal and accessory buildings shall be setback a minimum of 20 feet from a residential lot line.

GG.

Parking Lot as a Principal Use.

(1)

The parking lot shall not be used for parking of heavy construction equipment, for vehicle repairs or for sales unless such uses are specifically permitted by the applicable district regulations.

(2)

See lighting and glare standards in Part 5 and buffer yard standards in § 27-803.

(3)

Any permitted parking area within a residential district that abuts a residential lot line and that serves a principal business use shall not permit the routine movement of vehicles such dwelling between 11:00 p.m. and 6:00 a.m.

HH.

Personal Care Home. The standards for nursing homes in this section shall apply.

II.

Place of Worship.

[Amended by Ord. No. 1191, 8/19/2019]

(1)

Minimum lot area: 20,000 square feet.

(2)

A single dwelling unit may be an accessory use, provided that it is located on the same lot as the place of worship.

(3)

Additional accessory uses include classrooms for religious education or instruction, meeting or fellowship facilities, kitchen, indoor/outdoor gymnasium or recreation area, child or elderly day care, stage or theater and parking lot. All accessory uses authorized hereunder shall be for the exclusive use of members of the place of worship or their guests or visitors and shall be made available solely for noncommercial use and without consideration or stipends of any kind.

(4)

Accessory uses identified in Subsection 1II(3), above, may be made available to persons, groups or other entities for commercial purposes or consideration; provided that the place of worship shall first obtain conditional use approval for such accessory use or uses pursuant to § 27-118 of this chapter. In addition to the standards set forth in § 27-118, the Borough Council may consider the following:

(a)

Availability of on-site parking;

(b)

Hours of operation;

(c)

Exterior lighting;

(d)

Solid waste handling;

(e)

Kitchen use and impact on the sanitary sewer system; and

(f)

Alcohol.

(5)

Each use authorized hereunder shall be subject to the requirement that it be customarily incidental to and subordinate to the place of worship.

(6)

Noncommercial buses used primarily to transport persons to and from the place of worship in connection with a religious service or event or a permitted school on the same lot shall be permitted to be parked on the lot.

JJ.

Plant Nursery.

(1)

Evergreen screening and buffer yards are not required around the outdoor storage of trees or shrubs.

(2)

The only retail sales that shall be permitted shall be trees and plants that were primarily grown upon the lot and clearly customary and accessory sales of closely related items (such as mulch, topsoil and tools) unless retail sales or a retail store are specifically permitted in the district.

(3)

Minimum lot area: 15,000 square feet if there is any retail sales within a primarily residential district.

KK.

Recycling Collection Center.

(1)

This use shall not be bound by the requirements of a solid waste disposal facility.

(2)

All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.

(3)

Adequate provision shall be made for movement of trucks if needed and for off-street parking.

(4)

A twenty-foot buffer yard with screening as described in § 27-803 shall be provided between this use and any abutting residential lot line.

(5)

This use may be a principal or accessory use, including being an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a Borough-owned use, subject to the limitations of this section.

(6)

Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum, glass and yard waste. No garbage shall be stored as part of the use, except for that generated on site and that accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on site.

(7)

The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning, composting and closely similar work. No burning or landfilling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard and such operations as are necessary for permitted composting.

(8)

The use shall not routinely include the collection or processing of pieces of metal that have a weight greater than 50 pounds, except within an industrial district.

(9)

The use, other than a Borough-owned use, shall include the storage of a maximum of 50 tons of materials on the site if the use is within a residential district and within 300 feet of an existing dwelling.

(10)

In the C-R district, a recycling center may include the composting of yard waste if: (a) the facility is owned by a municipality or a municipal authority; and, (b) if composting areas are setback a minimum of 50 feet from any occupied dwelling on an adjacent lot.

LL.

Restaurant, Fast Food or Standard.

(1)

Dumpster screening and waste containers - see § 27-513.

(2)

If a drive-through is provided, a maximum of two outdoor menu boards are permitted, beyond the signs normally permitted, with a maximum sign area of 40 square feet each, if the words on such signs are not readable from beyond the lot line.

(3)

Traffic circulation onto, within and off of the lot shall be clearly marked. A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site.

MM.

School, Public or Private, Primary or Secondary.

(1)

Minimum lot area: 30,000 square feet, unless a larger acreage is required by another section of this chapter.

(2)

No children's play equipment, basketball courts or illuminated recreation facilities shall be within 25 feet of a residential lot line.

(3)

The use shall not include a dormitory unless specifically permitted in the district.

NN.

Self-Storage Development.

(1)

All storage units shall be fire-resistant and water-resistant.

(2)

Outdoor storage shall be limited to recreational vehicles, boats and trailers. No junk vehicles shall be stored within view of a public street or a dwelling.

(3)

Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items shall not be stored.

(4)

Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or accessways.

(5)

Major body work on vehicles shall not be permitted. The use shall not include a commercial auto repair garage unless that use is permitted in the district and the use meets those requirements.

(6)

Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.

(7)

The use shall be completely surrounded by a buffer yard including screening as specified in § 27-803, except along the abutting lot lines of another principal business use, unless the Planning Commission approves alternative landscaping that the applicant proves is superior.

(8)

Maximum building length: 250 feet.

(9)

Minimum separation between buildings: 20 feet.

OO.

Solid Waste Transfer Facility.

(1)

All solid waste storage, disposal and incineration shall be at least 250 feet from the following: public street right-of-way, exterior lot line, one-hundred-year floodplain, edge of a surface water body (including a water filled quarry) or wetland of more than two acres in area.

(2)

All areas to be used for the storage, disposal or incineration of solid waste shall be a minimum of 500 feet from any residential lot line or publicly-owned recreation area or the banks of any perennial creek or river.

(3)

The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 24 feet. One of these roads may be restricted to use by emergency vehicles.

(4)

No burning or incineration shall be permitted. Any solid waste that is to be stored for more than three hours shall be stored in an enclosed structure.

(5)

The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Borough. Violations of this condition shall also be considered to be violations of this chapter.

(6)

Open dumps and open burning of refuse are prohibited.

(7)

The applicant shall prove to the satisfaction of the Zoning Hearing Board that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash hauling trucks through or alongside existing residential or residentially zoned areas.

(8)

The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use would not routinely create noxious odors off of the tract.

(9)

A chain-link or other approved fence with a minimum height of eight feet shall surround active solid waste disposal areas to prevent the scattering of litter and to keep out children. The Board shall require earth berms, evergreen screening and/or shade trees as needed shall be used to prevent operations from being visible from an expressway or arterial streets or dwellings.

(10)

A minimum total lot area of five acres (which may include land in an adjoining municipality) is required for the first 200 tons per day of capacity to treat or dispose of waste, plus two acres for each additional 100 tons per day of capacity. The facility shall have a maximum total capacity of 400 tons per day.

(11)

Health Hazards. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.

(12)

Attendant. An attendant shall be present during all periods of operation or dumping.

(13)

Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.

(14)

Emergency Access. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.

(15)

Under authority granted to the Borough under the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et seq., the hours of operation shall be limited to between 7:00 a.m. and 9:00 p.m.

(16)

Tires. See "Outdoor Storage and Display" in § 27-403.

(17)

Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.

(18)

Dangerous Materials. No radioactive, hazardous, chemotherapeutic or infectious materials maybe stored or processed in any way. Infectious materials are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.

(19)

The applicant shall provide sufficient information for the Borough to determine that the requirements of this chapter will be met.

(20)

The applicant shall provide the Zoning officer with a copy of all written materials and plans that are submitted to Pennsylvania Department of Environmental Protection at the same time as they are submitted to the Department of Environmental Protection.

(21)

All loading and unloading of solid waste shall only occur within an enclosed building, and over an impervious surface drained to a holding tank that is then adequately treated.

PP.

Stable, Nonhousehold.

(1)

Minimum lot area: three acres.

(2)

Any horse barn, corral, fenced-in area or stable shall be a minimum of 25 feet from any lot line, except 150 feet from any residential lot line.

QQ.

Swimming Pool, Nonhousehold.

(1)

The water surface shall be setback at least 50 feet from any existing dwelling.

(2)

Minimum lot area: 1.5 acres.

(3)

Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by evergreen screening meeting the requirements of § 27-803.

(4)

The water surface shall be surrounded by a secure, well-maintained fence at least six feet in height.

(5)

Water Service. Any inlet from a central water system shall be above the overflow level of the pool.

(6)

Nuisances. A pool shall not include illumination of adjacent residential properties beyond what is customary in a residential neighborhood. A pool shall also not include the playing of a radio or recorded music at a volume louder than is necessary for the convenient hearing of persons at the pool.

RR.

Target Range.

(1)

All target ranges shall have a barrier behind the target area which is of sufficient height and thickness that is more than adequate to protect the public safety. This barrier shall be made of earth for an outdoor firearms range.

(2)

An outdoor firearms target range shall comply with National Rifle Association standards and other applicable federal, state and local regulations.

(3)

An outdoor firearms target range shall be located a minimum of 500 feet from a residential lot line.

(4)

An outdoor firearms target range shall be fenced and be properly posted.

(5)

The applicant shall show that the noise limits of Part 5 will be met.

(6)

An indoor firearms target range shall be adequately ventilated to allow the building to remain completely enclosed.

SS.

Tavern. Any place serving alcoholic beverages that also has a capacity of more than 250 persons for entertainment or dancing shall also meet the standards of a nightclub. See noise standards in Part 5.

TT.

Townhouses and Low-Rise Apartments.

(1)

Maximum number of dwelling units within any building or within attached buildings - 16 for any building including low-rise apartments, seven for any other attached building(s).

(2)

Variety in Design. Developments of more than 40 dwelling units should include a variety of complimentary designs and colors between buildings or clusters of buildings to avoid extreme repetition. Extreme design and color variations on different parts of the same building are discouraged. Variation in roof lines of structures is strongly encouraged.

(3)

Changes in Facade. For every attached grouping of four or more townhouses, a minimum of two changes in the front wall plane shall be provided. Such change shall involve a minimum variation or offset of four feet. This requirement may be met by differing setbacks between an attached garage and a dwelling, or differing setbacks among different dwellings or differing setbacks along the front of a dwelling.

(4)

Buffer Yard. A 10 feet wide buffer yard with screening shall be provided by the developer of the townhouses or low-rise apartments, as described in § 27-803, between any townhouse or low-rise apartment principal buildings and any of the following features that are at least partially within 100 feet of such buildings:

(a)

Any abutting existing single-family detached dwelling; or,

(b)

The right-of-way of an expressway; or,

(c)

The right-of-way of an arterial street that abuts the rear of townhouse units.

(5)

Lot Requirements.

(a)

See Part 9.

(i)

Condominiums. Within the tract, the setbacks stated in § 27-901 shall establish the minimum separation distances between buildings. However, townhouses may have condominium ownership, with only the building footprint and any abutting private area being privately owned establishing minimum separation.

(ii)

Each principal low-rise apartment building shall be separated by a minimum of 20 feet from any other principal building on the same lot.

(b)

Maximum building length: 200 feet.

(c)

Maximum building height: see § 27-902.

(d)

Minimum tract depth: 60 feet.

(e)

Floor area: see § 27-801.

(f)

Minimum tract area: see § 27-901.

(6)

See § 27-403 and § 27-306 for regulations on specific accessory uses. To avoid incompatible structures in a higher density environment, townhouse developers are strongly encouraged to establish deed restrictions or homeowner association regulations controlling the general types and materials of attached decks, fences and accessory structures that may be added or constructed in the future.

(7)

Minimum Width of Townhouses. Each townhouse dwelling unit shall have a minimum width of 18 feet, except the minimum width shall be 24 feet for any townhouse that:

(a)

Has two or more off-street parking spaces located within 20 feet of the front of the townhouse; or,

(b)

Has garage door(s) for two or more motor vehicles facing onto a street.

(8)

Minimum Private Area.

(a)

For each townhouse, there shall be a yard, balcony, patio or other outdoor area other than a driveway immediately adjacent to the front, back or side of each dwelling of not less than 200 square feet for the exclusive use of the occupants of that dwelling.

(b)

If townhouses are subdivided into individual lots, the minimum lot area shall be the building footprint plus this 200 square feet.

(c)

Design measures shall be used to seek an appropriate level of privacy in any rear yard. Such measures might include landscaped screening, compatible fencing or earthen berming. The intent is to avoid the placement of incompatible fencing by individual lot owners in the future.

(d)

Storage. If the maintenance of grass yards in front of or behind a townhouse would be the responsibility of an individual homeowner, a small storage area of 20 square feet suitable for storing lawn maintenance equipment or an outside storage shed shall be provided with appropriate access.

(9)

Additional Requirements; For Construction of Private Streets. See § 27-801. For preservation of natural buffers - see § 27-803(4). For dumpster screening - see § 27-513.

(10)

Architectural Renderings. Preliminary architectural renderings, models or photos are required for any garden apartment or townhouse development of more than 15 units. Such information shall be provided to the Planning Commission for an advisory review, but shall not be the basis for any approval or denial by the Borough.

(11)

Paved Area Setback. All off-street parking spaces, except spaces on driveways immediately in front of carport or garage entrance, of principal buildings approved after the adoption of this chapter shall be setback a minimum of eight feet from any dwelling.

(12)

Garages. It is strongly recommended that all townhouses be designed so that garages and/or carports are not an overly prominent part of the view from public streets. For this reason, parking courts, common garage or carport structures or garages at the rear of dwellings are encouraged instead of individual garages opening onto the front of the building, especially for narrow townhouse units.

(13)

Mailboxes. Any mailboxes provided within the future street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of noncoordinated types at the curbside are discouraged.

(14)

Access. Vehicular access points onto all arterial and collector streets shall be minimized to the lowest reasonable number. No townhouse dwelling within a tract of five or more dwelling units shall have its own driveway entering onto an arterial street.

(15)

Common Open Space or Fees. See the requirements of the Borough Subdivision and Land Development Ordinance [Chapter 22].

(16)

Utilities. Both public sewage and public water service shall be provided to each dwelling unit. All utilities within the development, including cable television, shall be placed underground.

UU.

Treatment Center.

(1)

The applicant shall provide a written description of all types of residents the use is intended to include over the life of the permit. Any future additions or modifications to this list shall require approval of the Zoning Hearing Board as a special exception.

(2)

The applicant shall prove, with the full burden of proof upon the applicant, to the satisfaction of the Zoning Hearing Board that such use will involve adequate supervision and security measures to protect public safety.

(3)

The Zoning Hearing Board may place conditions on the use as necessary to protect public safety, including conditions on the types of residents and security measures.

VV.

Veterinarian Office (Includes Animal Hospital).

(1)

Minimum lot area: 10,000 square feet, unless a more restrictive requirement is established by another section of this chapter.

(2)

Any structure in which animals are treated or housed shall be a minimum of 60 feet from any residential lot line. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be perceived within any adjacent dwellings.

(3)

Outdoor animal runs may be provided for small animals for use between 8:00 a.m. and 8:00 p.m., provided the runs are at least 150 feet from any existing dwelling and provided that the runs for dogs are separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking.

(4)

A commercial kennel shall only be an accessory and not a principal use, unless a kennel is permitted in that district and the applicable requirements are met.

WW.

Warehouse or Wholesale Sales.

(1)

See off-street loading requirements in § 27-605.

(2)

No storage of trash, garbage, refuse, highly explosive or flammable materials, hazardous or highly toxic substances, animals, animal carcasses or similar items shall be permitted.

(3)

Uses that would involve the entrance to the use of an average of more than 100 tractor-trailers per weekday shall be required to meet the additional standards in this section for a trucking company terminal.

(4)

See requirements in § 27-403 for "Outdoor Storage or Display."

XX.

Institutional Parking Lot as a Principal Use.

(1)

The parking lot shall not be used for parking of heavy construction equipment, for vehicle repairs or for sales unless such uses are specifically permitted by the applicable district regulation.

(2)

See "lighting and glare" standards in Part 5 and "buffer yard" standards in § 27-803.

(3)

Any permitted parking area within a residential district shall be located within 500 lineal feet of the property line of the institutional use which it serves.

(4)

Parking lot may be used for parking and such other uses as are normally associated with the institution, provided that such activities do not occur after the hour of 11:00 p.m. nor before the hour of 6:00 a.m.

YY.

All commercial high-speed internet antennas are subject to the following:

(1)

The antennas must be attached to either an existing commercial communications tower or an existing tall structure building of at least 50 feet in height. The building shall be non-residential or an apartment or other multi-family shall be non-residential or an apartment or other multi-family building. The antennas are not permitted on a single-family detached, single-family semi-detached or townhouse dwelling.

(2)

The attachment to a structure or building shall not extend more than 15 feet above the highest point of the structure or building.

(3)

Antennas on a building or structure shall be installed in a manner to blend with the building or structure as best possible and, if feasible, any accessory equipment shall be located in the building or structure's existing utility room building.

ZZ.

Craft Beverage Restaurant. A craft beverage restaurant, as defined herein, is a conditional use and as such shall meet all of the requirements of a conditional use under §§ 27-118 and 27-120 of this chapter as well as all other applicable ordinance requirements of the district(s) in which the use is located. For the purpose of parking, the use shall meet, in addition to all other applicable requirements of Part 6 of this chapter, the specific parking requirements for a "restaurant"; except that where the use is located in the Central Commercial (B-C) Zoning District, the parking regulations of § 27-602, Subsection 6, shall apply. In addition, and notwithstanding the definition, in the Central Commercial (B-C) Zoning District, a craft beverage restaurant which manufactures in whole or in part malt or brewed beverages shall be limited to the production of 30,000 gallons of malt or brewed beverage product annually.

[Added by Ord. 1111, 9/2/2014; amended by Ord. 1128, 7/27/2015; and by Ord. No. 1183, 12/17/2018]

AAA.

Craft Beverage Production Facility. A craft beverage production facility, as defined herein, is a conditional use and as such shall meet all of the requirements of a conditional use under §§ 27-118 and 27-120 of this chapter as well as all other applicable ordinance requirements of the district(s) in which the use is located. For the purpose of parking, the use shall meet, in addition to all other applicable requirements of Part 6 of this chapter, the specific parking requirements for a "tavern or nightclub," except that where the use is located in the Central Commercial (B-C) Zoning District, the parking regulations of § 27-602, Subsection 6, shall apply. In addition, and notwithstanding the definition, in the Central Commercial (B-C) Zoning District, a craft beverage production facility which manufactures in whole or in part malt or brewed beverages shall be limited to the production of 30,000 gallons of malt or brewed beverage product annually.

[Added by Ord. 1111, 9/2/2014; amended by Ord. 1128, 7/27/2015 and by Ord. No. 1183, 12/17/2018]

BBB.

Small Wireless Facilities (SWF). The installation and/or operation of small wireless facilities shall be permitted uses in all Borough Zoning Districts subject to the following requirements:

[Added by Ord. No. 1202, 8/17/2020]

(1)

SWF Collocation. The placement or installation of SWF shall be collocated on previously approved and constructed SWF structures that can safely support the placement or installation of SWF.

(2)

Permits. An applicant shall submit for review and approval an application, and procure, pursuant to § 27-107, relating to certificates and permits, a permit and any other applicable permits and pay all applicable fees incidental thereto for each SWF to be installed or placed in connection with the collocation requirements of Subsection 1BBB(1), above.

(3)

The improvement, upgrade or expansion of existing SWF or base stations on an existing SWF structure or the improvement, upgrade or expansion of SWF located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the SWF structure or compound, shall be permitted, subject to the requirements of applicable laws and regulations and compliance with the application and permit requirements of Subsection 1BBB(2), above.

(4)

Aesthetics.

(a)

An applicant hereunder shall meet and discuss with the Borough Zoning or other Code Enforcement Officer any aesthetic issues for a particular location raised in the review of the application, consistent with applicable law.

(b)

Aesthetics requirements imposed hereunder shall be reasonable, no more burdensome than those applied to other types of infrastructure deployments, incorporate clearly defined and ascertainable standards and objective. Aesthetic requirements shall be applied in a principled manner and be published in advance of the application by ordinance or resolution of Council.

[Ord. 776, 6/21/1993, § 403; as amended by Ord. 1009, 12/4/2006]

General. Accessory buildings, structures or uses that are clearly customary and incidental to a permitted by right, special exception or conditional use are permitted by right, except as is provided for in this chapter.

Accessory Setbacks. The accessory setback requirements of the applicable district shall apply to every accessory building, structure or use unless a standard that is clearly meant to be more restrictive or less restrictive is specifically stated in this Part for a particular accessory use.

Front Yard Setback. No accessory structure, use or building shall be permitted in a required front yard in any district, unless specifically permitted by this chapter .See the list of essential services in § 27-306.

Special Standards. Each accessory use shall comply with all of the following standards listed for that use:

Antenna, Private.

(1)

Height. No private antenna, including its supporting structure, shall have a total height above the average surrounding ground level of greater than 75 feet.

(2)

Anchoring. Any private antenna shall be properly anchored to resist high winds. See the Borough BOCA Code [Chapter 5].

Composting.

(1)

Shall be limited to the composting of biodegradable vegetative material, including grass clippings, trees, shrubs, leaves and vegetable waste. The composting shall not include animal wastes or fats.

(2)

Shall be conducted in such a way that a fire, rodent or disease-carrying insect hazard or seriously noxious odors are not created for occupants of dwellings.

(3)

See also recycling collection center in this section.

Day Care Center as Accessory Use to a Residential Use.

(1)

The following shall be the maximum number of children under age 15 that may be cared for in any dwelling unit:

(a)

In a single-family detached dwelling with a minimum lot area of 10,000 square feet and a 10 feet setback from all existing dwellings - maximum of six children who are not related (see definition in Part 2) to a permanent resident of the dwelling.

(b)

In any other dwelling unit - maximum of three children, beyond those children who are related to a permanent resident of the dwelling.

(2)

The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic improvements.

(3)

Any day care center involving seven or more children shall be considered a principal use and meet the standards of § 27-402 for such use, if permitted. See also day care centers as an accessory to a place of worship (§ 27-403) or to a place of employment (§ 27-306).

(4)

The use shall be actively operated by a permanent resident of the dwelling.

(5)

If four to six children who are not related to a permanent resident of the dwelling are cared for, then the following requirements shall be met:

(a)

Smoke detectors shall be provided throughout the building, an "ABC" rated fire extinguisher shall be provided, and exit lights shall be provided at outdoor exits and at least one exit/window shall be provided with an opening within six feet of the adjacent exterior grade level.

(b)

A minimum of 100 square feet of safe exterior play area shall be available.

Fences, Walls and Hedges.

(1)

Fences, walls, and hedges are permitted by right in all districts. Any fence or wall shall be constructed of durable material and be well maintained. Fences that have deteriorated shall be replaced or removed. A zoning permit is required for all fences and walls other than temporary fences around active construction sites. Such temporary fences may have a maximum height of eight feet in a residential district.

(2)

Sight Distance, Stormwater and Easements. No fence, wall or hedge shall obstruct the sight distance requirements of § 27-803 (3), nor obstruct safe sight distance within an alley. No fence or wall shall obstruct the flow of stormwater, except as part of a Borough approved stormwater system. No fence, wall or continuous hedge shall be constructed within an easement in such a way that it would prevent use of the easement for its intended purpose.

(3)

Setbacks. No fence or wall shall be built within the existing right-of-way of a street. A fence or wall may be constructed on a lot line, except:

(a)

A fence or wall of a nonresidential use shall be setback a minimum of five feet from any abutting lot line of a residential lot line; and,

(b)

No fence or wall shall be located within the paved area setback required under § 27-603.

(4)

Fences.

(a)

Front Yard. Any fence located in the required front yard of a lot in a residential district or the B-C district, shall have a minimum ratio of one to one of open to structural areas, shall not exceed four feet in height, and shall be constructed entirely of decorative wrought iron or metal that has the appearance of decorative wrought iron, wood or vinyl material (plus any required fasteners).

(b)

A fence shall not be required to comply with minimum setbacks for accessory structures.

(c)

Height. A fence located in a residential district in a location other than a required front yard shall have a maximum height of six feet, except:

(i)

A maximum height of 10 feet is permitted to enclose a tennis or racquet sport court or a nonhousehold swimming pool or an electric substation provided that such fence is set back a minimum of 10 feet from all residential lot lines; or

(ii)

A maximum height of 10 feet is permitted around any hazardous nonresidential outdoor storage (if such storage is lawful).

(iii)

A maximum height of eight feet is permitted for nursing homes, personal care facilities, or any other permitted and licensed facility housing and providing outdoor areas for patients suffering from Alzheimer's, dementia, or any other memory impairment or disorder provided that the fence is not located in a front yard and is a minimum of five feet from property lines. This provision shall apply to all zoning districts where the use is permitted.

[Added by Ord. No. 1172, 6/18/2018]

(d)

Fence Materials. Barbed wire shall not be used as part of fences around dwellings. Electrically charged fences shall only be used to contain farm animals, and shall be of such low intensity that they will not permanently injure humans. No fence shall be constructed out of fabric, junk, junk vehicles, sheet metal, scrap materials, appliances, tanks or barrels.

(5)

Walls.

(a)

Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section, and are permitted by right as needed in all districts.

(b)

A wall shall have a maximum height of three feet within the required front yard in a residential district, except as a backing for a permitted sign at an entrance to a development.

(c)

A wall in a residential district outside of a required front yard shall have a maximum height of three feet if the wall is within the minimum accessory structure setback.

(d)

Walls that are attached to a building shall be regulated as a part of that building.

(6)

Gates. All fences, walls or continuous hedges more than four feet in height shall be equipped with gates or other suitable passageways at intervals of not more than 250 feet.

(7)

Hedges. Continuous hedges shall be planted a minimum of two feet from a lot line and shall not be planted in the street right-of-way.

Garage Sale. Shall comply with the Borough Garage Sale Ordinance [Chapter 13, Part 2], which among other regulations, limits garage sales and similar sales to two per property per year.

Home Occupation. See definitions in Part 2.

(1)

The following standards shall apply to both light and general home occupations:

(a)

The burden of proof shall be upon the applicant to prove that the standards of this section will be met, especially regarding possible nuisances and truck traffic. Based upon the potential nuisances of a proposed home occupation, the Zoning Hearing Board may determine that a particular type or intensity of use is unsuitable to be a home occupation or that the proposed lot area or setbacks are not sufficient.

(b)

The home occupation shall be conducted completely indoors, and may be within a principal or accessory residential building. The total amount of floor area of all buildings used for a home occupation shall not be greater than 25% of the total floor area of the principal dwelling unit.

(c)

There shall be no outdoor operations or outdoor storage of materials, products or equipment.

(d)

Signs and Displays. There shall be no use of show windows, business display or advertising visible from outside the premises, except as is specifically permitted for a general home occupation.

(e)

Truck Traffic. The use shall not require the parking or servicing by a vehicle with more than one ton loading capacity, except for deliveries a maximum of two times per day. The use shall not involve the parking of more than two trucks of any type on the lot or on adjacent streets at any period of time. The use shall not need servicing by, deliveries by or parking of tractor-trailer trucks.

(f)

Uses permitted as a home occupation include, but are not limited to, art studio, office, custom sewing, tax preparation or musical instruction.

(g)

The following uses shall not be permitted as a home occupation: veterinarian office, stable, kennel, funeral home, retail store, restaurant, auto repair or trucking company terminal.

(h)

Nuisances. No machinery or equipment shall be permitted that produces noise, noxious odor, vibration, glare, electrical interference or radio or electromagnetic interference beyond the boundary of the property. Only general types and sizes of machinery that are typically found in dwellings for hobby or domestic purposes shall be permitted. No use shall generate noise or glare in excess of what is typical in a residential neighborhood.

(i)

The use shall also comply with all environmental and nuisance control regulations of this chapter, including Part 5.

(j)

Parking and Loading.

(i)

In any case, a home occupation shall include an absolute minimum of one off-street parking space (which may be the same space as serves the dwelling).

(ii)

The applicant shall prove to the satisfaction of the Zoning Hearing Board in the case of a general home occupation that the use will include adequate off-street parking and loading spaces. The amount of parking in the required front yard should be held to a minimum to maintain a residential character. Therefore, the Board may allow appropriate, safe on-street areas to be used to meet a portion of parking needs.

(iii)

If additional parking is needed beyond what can be accommodated using appropriate on-street spaces and a residential-style driveway, then the Board may require that such parking be provided in the rear of the home if practical and may deny the use if such rear parking cannot be accommodated.

(iv)

Any required off-street spaces shall be conveniently located to reach the door of the home occupation.

(k)

Building Appearance. The exterior of the building and the lot shall not be changed in such a way as to decrease its residential appearance, except for permitted parking spaces and the permitted sign.

(l)

Hours. A home occupation shall not be conducted in a way that is perceptible from beyond the lot line between the hours of 9:00 p.m. and 7:30 a.m. This time limit shall also apply to any loading or unloading of vehicles on the property or on a street that causes noise to adjoining residents.

(m)

Hazardous Substances. The use shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and amounts commonly found in a dwelling. The use shall not involve the use or storage of toxic substances.

(n)

Advertising. The address of the home occupation shall not be advertised in such a way that would encourage customers or salespersons to come to the property without an appointment.

(o)

Law or Medical Office. The main office of a medical doctor, chiropractor, dentist or attorney shall only be allowed as a home occupation if the property abuts an arterial or collector street.

(2)

General Home Occupation. In addition to the standards in subsection (1), above, the following shall apply to a general home occupation:

(a)

Only the following sign shall be permitted - one nonilluminated sign with a maximum sign area of two square feet on each of two sides, with a maximum height of eight feet. Such sign shall not be located within the existing right-of-way of a street, unless it is attached to a mailbox.

(b)

Number of Employees. A total maximum of one person shall work on the premises who is not a permanent resident of the dwelling, except a barber, beauty shop or hairstylist may not include any nonresident employees.

(c)

Instruction. Any instruction or tutoring shall be limited to a maximum of three students on the property at any one time and six students on the property on any day.

(d)

If the home occupation involves work occurring on a vehicle(s), no more than one such vehicle(s) shall be parked on the lot or on abutting streets overnight.

(e)

Traffic. The use shall not routinely involve the arrival at the property for business purposes of more than 10 vehicles per day or the parking of more than four vehicles of nonresidents at any one time.

(3)

Home Occupation, Light. In addition to the standards in part subsection (1), above, the following standards shall apply to a light home occupation:

(a)

Traffic. The use shall not routinely involve the arrival at the property for business purposes of more than four vehicles per day. The use shall not require a need for parking beyond what is typically provided for a dwelling.

(b)

Only persons who are permanent residents of the dwelling shall work on the premises.

(c)

No sign shall identify the business.

Outdoor Storage and Display. Commercial or industrial as a principal or accessory use.

(1)

Location. Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, sidewalk or other area intended or designed for pedestrian use, required parking area or required paved area setback (see § 27-703).

(2)

No such storage or display shall occur on areas with a slope in excess of 15% or within the one-hundred-year floodway.

(3)

Screening. See § 27-803(4), "Buffer Yards."

(4)

Tires. If more than 250 tires are stored on a lot, each stack shall be a maximum of 20 feet high, and cover a maximum of 400 square feet. Each stack shall be separated from other stacks by a minimum of 75 feet.

(5)

No commercial or industrial outdoor storage or display shall occur within a required front yard, except: (a) vehicles for sale or rent; and (b) trees, shrubs and plants for sale.

(6)

See also this use listed under the "accessory use" portion of § 27-307.

Pets, Keeping of. (NOTE: This does not apply to "raising of livestock" which is regulated by § 27-402 nor to keeping of animals permitted as an accessory use under the definition of "crop farming" in Part 2).

(1)

This is a permitted by right accessory use in all districts. Only those pets that are domesticated and are compatible with a residential character shall be permitted as keeping of pets. Examples of permitted pets include dogs, cats, rabbits, frogs, gerbils, snakes that could not be poisonous to humans, and fish. Bears, goats, cows, wolves, wolf-dog hybrids, snakes that could be poisonous to humans, pigs (other than miniature breeds) or sheep are not permitted as "pets" under this section.

(2)

No use shall involve the keeping of animals or fowl in such a manner or of such types of animals that it creates a serious nuisance (including noise or odor), a health hazard or a public safety hazard. The owner of the animals shall be responsible for collecting and properly disposing of all fecal matter from pets. No dangerous animals shall be allowed outdoors in a residential district, except within a secure, completely enclosed cage or on a leash under full control of the owner.

(3)

The total number of dogs and cats shall be a combined maximum of five, unless the animals would be regularly kept at least 200 feet from a residential lot line. No numerical restriction shall apply to cats and dogs of less than three months age, although commercial breeding shall only be permitted as a general home occupation. Keeping of more than the specified number of cats or dogs shall be considered a kennel.

(4)

A maximum total of two pigeons, chickens, ducks, geese and similar fowl shall be kept on lots of less than two acres. A maximum of 12 such fowl shall be permitted under this section for lots of two acres of more. Such animals shall be kept on the property of the applicant. If there is more than two such fowl on a lot, they shall be kept a minimum of 75 feet from any dwelling other than that of the owner of the animals. Keeping of more than the specified number of pigeons or fowl shall be considered keeping of livestock.

(5)

Rabbits may be kept provided they do not create a public health hazard.

(6)

Horses. In any zoning district it is permitted to maintain up to two horses on a lot of two acres or more. Any horse barn, corral, fenced-in area or stable shall be a minimum of 50 feet from any abutting lot line (other than a street right-of-way) and 150 feet from any existing dwelling other than that of the owner of the horses. Keeping of more than the specified number of horses shall be considered a stable.

(7)

Exotic Animals. The keeping of exotic animals not normally considered to be household pets shall only be permitted by special exception, except for those animals prohibited as pets under this section. For such approval, the applicant shall prove to the satisfaction of the Zoning Hearing Board that:

(a)

Such animal(s) will not pose an unreasonable threat to the health or safety of persons or property in the Borough (including the property in question); and,

(b)

Adequate safeguards will be in place to prevent the release or escape of such animal from the property in question.

(8)

Bees. Any area used for the outdoor keeping of bees shall be setback a minimum of 150 feet from all lot lines. The presence of such bees shall be well-marked.

(9)

Carrier Pigeons. Any keeping of carrier pigeons shall comply fully with the applicable state law. A maximum of 25 pairs of carrier pigeons may be permitted on any lot. If a person applies for a permit to keep carrier pigeons, the Borough Manager shall appoint a person to periodically inspect the premises as provided for in the state law to ensure compliance with such state health regulations. Such person shall ensure that each carrier pigeon is stamped or banded with identification marks. The loft shall comply with the Borough's building codes and this chapter. The loft shall be maintained in a clean, orderly condition and kept in good repair.

Recreational Vehicle, Storage of One or Two.

(1)

A maximum of two uninhabited recreational vehicles in transportable condition may be stored or parked on a lot outside of an enclosed building within the following limitations:

(a)

A recreational vehicle longer than 20 feet shall not be stored or parked for more than four days in any seven-day period within a required front yard.

(b)

A recreational vehicle stored or parked on the lot of a single-family detached house shall be setback a minimum of three feet from the lot line of an abutting single- family detached dwelling. A recreation vehicle shall not be stored within the existing right-of-way of a public street.

(c)

Any recreational vehicle that is required to be registered or licensed under state law to be operated and is not registered or licensed shall be kept out of view from any public street or abutting dwelling.

(d)

If a recreational vehicle is stored within the required front yard, it shall be parked on a driveway or asphalt, concrete or paving block area and not upon a grass yard.

(2)

Any recreation vehicle longer than 20 feet stored on a lot shall be screened from view of any abutting single- family detached dwelling by attractive landscaping.

(3)

A maximum of one recreational vehicle may be inhabited as a temporary accessory residence to a single-family detached dwelling for a maximum period of seven days. Such use shall occur only once in a calendar year.

Residential Accessory Structure. See definition in Part 2.

(1)

Accessory structures and uses (other than fences) shall not be within a required front yard or within the required accessory use setback as stated in § 27-901, unless specifically exempted by this chapter.

(2)

Within corner lots, accessory structures and uses shall not be located closer to the side lot line than the required distance of the front yard setback or 40% of the lot width, whichever is less restrictive.

(3)

Accessory buildings on a lot with a lot area of one acre or less in a residential district shall meet the following requirements:

(a)

Maximum total floor area of all accessory buildings 1,000 square feet.

(b)

Maximum of two accessory buildings per lot.

(4)

Any skateboard ramp shall be clearly intended for use by permanent residents of the dwelling and their occasional guests. Any such skateboard ramp shall be a maximum of five feet in height and five feet in length and shall be moved inside when not actively in use.

(5)

Maximum height - see § 27-902.

Satellite Dish or Satellite Antenna.

(1)

Intent. To provide for reception of satellite communications, while assuring that such uses will not detract from the character of any area or adversely affect property values. To recognize that the solidness and visibility of satellite dish antennas and satellite antennas can create a very strong visual impact on a neighborhood compared to most other non-commercial antenna or structures.

(2)

Satellite dish antenna and/or satellite antenna shall be permitted by right accessory use in all districts for all uses subject to the restrictions in this subsection.

(3)

Location and Number of Satellite Antennae.

(a)

In a residential district or the B-C district, a satellite dish antenna or satellite antenna shall not be located within the required front yard.

(b)

A satellite dish antenna or satellite antenna shall comply with the accessory set-back requirements of the applicable district.

(c)

A satellite dish antenna or satellite antenna may be placed on the roof of a structure in a residential district or the B-C district only if (i) it has the diameter of three feet or less; or (ii) less than 1/3 of such antenna would be visible from a public street. An antenna or dish may be roof mounted in any other district, without limitations on visibility.

(d)

A maximum of one satellite dish antenna or satellite antenna shall be permitted on a lot in a residential district.

(4)

Size and Height.

(a)

A satellite dish antenna or satellite antenna shall have a maximum diameter or nine feet in a residential district or B-C district if visible from a public street or a dwelling. No maximum shall apply within any other districts.

(b)

A ground-mounted satellite dish antenna or satellite antenna shall have a maximum height of 15 feet above the average ground level in a residential district or the B-C district if visible from a public street or a dwelling.

(5)

Screening. Any satellite dish antenna or satellite antenna in a residential district that is ground-mounted and visible from a public street shall be screen by appropriate evergreen plantings with a minimum height of three feet between the antenna or dish in any public street, unless such screening in such a location would make it impossible to receive the electronic signals.

(6)

Colors. Earth tones are strongly encouraged.

(7)

Large Lot Exemption. If a satellite dish antenna or satellite antenna is to be located a minimum of 200 feet from all exterior lot lines, the size, height, and placement requirements of this section shall not be binding.

(8)

Mobile Stands. Satellite dish antenna or satellite antenna on mobile stands of a height of two feet or more are prohibited except as may be initially needed to determine the best location for an antenna.

(9)

Transmission. No satellite dish antenna or satellite antenna provided for under this section shall be used for the transmission of commercial electronic signals within a residential district.

Swimming Pool, Household (Referred hereafter as "Pool."

(1)

The pool shall not involve any commercial use.

(2)

Enclosure Around In-Ground Pools. A new or existing in- ground pool shall be completely surrounded by a secure fence, wall, portion of a building and/or similar enclosure not less than four feet in height. This enclosure shall be constructed to make it very difficult for small children to climb up or slip through the enclosure. All gates or door openings through such enclosure (other than a door to a building) shall be self-closing and include a self-latching device on the pool side for keeping the gate or door securely closed times when not in use.

(3)

Enclosure Around Above Ground Pool. Any existing or new above-ground pool shall include a secure fence, wall or other enclosure a minimum of four feet high above the surrounding average ground level. This enclosure may include the walls of the pool itself. Such pools shall be equipped with an access ladder that can be raised and locked in a position so that it is a minimum of four feet above the surrounding ground level or otherwise completely inaccessible to children when the pool is unattended.

(4)

Location.

(a)

Any deck or shelter that is elevated above the average surrounding ground level shall meet the applicable setback requirement for an accessory building.

(b)

Uncovered walkways with a maximum width of five feet that are level with the average surrounding ground level and that are around pools are not required to meet setbacks.

(c)

Where practical, a pool shall be located to the rear of a dwelling. A pool is not permitted within a required front yard.

(d)

The structural walls of a pool shall be setback a minimum of 10 feet from the lot line of an abutting dwelling.

(5)

The Borough does not assume responsibility for guaranteeing to the public that all new and existing pools fully comply with these provisions.

(6)

Water Service. Any inlet from a central water system shall be above the overflow level of the pool.

(7)

Unit for Care of Relative.

(1)

See definition in Part 2.

(2)

Shall be restricted to occupancy by a relative (as defined in Part 2) of a permanent resident of the principal dwelling unit on the property. A maximum of two persons may inhabit such unit.

(3)

Such relative shall need care and supervision because of old age, disability, handicap or illness.

(4)

Such unit shall be designed and installed in such a way that it can easily be reconverted into part of the principal dwelling unit after such relative no longer lives within it. Once such unit is no longer occupied by such relative, the unit shall be reconverted into part of the principal dwelling unit or be completely removed. The unit shall not be within a portable detached structure.

(5)

The owner of the property shall report in writing any change in the person(s) occupying the unit to the Zoning Officer within 60 days. In case of such change in occupant(s), the owner shall provide evidence that the use is still in compliance with this section.

(6)

Once an unit under this section is required to be removed, there shall be no physical evidence visible from exterior to the lot lines that such apartment existed.

(7)

Such unit shall not decrease the single-family residential exterior appearance of a dwelling.

(8)

Such unit shall not have its own exterior separate entrances. The unit shall maintain an interior connection to the principal dwelling unit. The unit shall not have its own electric or water meter.

(9)

Such unit shall be connected to or within the principal dwelling unit.

Emmaus City Zoning Code

PART 4

§ 27-401 Applicability.

§ 27-402 Additional Requirements for Specific Principal Uses.

§ 27-403 Additional Requirements for Accessory Uses.