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Hanover City Zoning Code

ARTICLE IV

Specific Use Regulations

§ 370-400 Accessory dwelling units.

Accessory dwelling units are sometimes known as "mother-in-law suites," "granny flats," "garage apartments," or "basement apartments." The purpose for their inclusion as a permitted use in the Zoning Ordinance is to provide independent living spaces for elderly parents, mature children, or other relations to the owner. By definition, an accessory dwelling unit shall be subordinate and smaller in size to a principal single-family residential use, within or attached to a principal or accessory building on the same lot. Where permitted, an accessory dwelling unit shall meet the following requirements:
A. 
An accessory dwelling unit shall be permitted only as an accessory use to an owner-occupied single-family dwelling.
B. 
Only one accessory dwelling unit shall be allowed per principal dwelling.
C. 
An accessory dwelling unit shall meet the definition of dwelling, including a floor area of at least 500 square feet, and shall be no more than 50% of the principal dwelling's gross floor area.
D. 
An accessory dwelling unit shall comply with all applicable building codes.
E. 
An accessory dwelling unit may be located within or attached to the principal dwelling, or within an accessory building. An accessory dwelling unit shall have an exterior entrance separate from the entrance to the principal dwelling.
F. 
An accessory dwelling unit shall house not more than two individuals.
G. 
An Accessory dwelling unit within an accessory building may extend up to two stories or 25 ft in height.

§ 370-401 Adult book/video store/adult entertainment nightclub.

A. 
An adult book store/video store facility shall not be located within 1,000 feet of any other adult facility. Said distance shall be measured from lot line of one facility to the nearest lot line of the other facility.
B. 
Said facility shall not be permitted to be located within 1,000 feet of any public or private school, day care facility, public recreation facility, or any place of worship/assembly; nor be closer than 500 feet from a residence.
C. 
No materials, merchandise, film, or service offered for sale, rent, lease, loan or for view shall be exhibited, displayed or graphically represented outside of a building or structure.
D. 
Any building or structure used and occupied as said facility shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service or entertainment are exhibited or displayed and no sale materials, merchandise, film or offered items of service or entertainment shall be visible from outside the structure.
E. 
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service or entertainment offered therein.

§ 370-402 Automobile fueling station.

A. 
A maximum of two vehicle driveway entrances/exits shall be permitted per lot; each driveway shall be no wider than 24 feet as it crosses the lot line. Other than driveways, the lot frontage shall consist of full-height curbing and sidewalks and/or landscaped buffer of at least five feet in depth.
B. 
A landscaped buffer with a minimum of 10 feet of depth shall be provided on side and rear lot lines.
C. 
Fuel pumps shall be at least 25 feet from an existing street right-of-way.
D. 
Fuel pumps shall be covered by an unenclosed canopy and lit via downlighting. Canopies shall not be internally illuminated.
E. 
A traffic impact study (see Article VI, Vehicle Traffic Impacts) shall be required to be submitted where the proposed development, according to the institute of Transportation Engineers (ITE) standards, will generate 100 trips in addition to the adjacent roadways' peak hour volumes.
F. 
A use that is primarily intended to serve trucks with three or more axles shall be required to have a minimum lot area of three acres, and all areas used for fueling and servicing shall be set back a minimum of 100 feet from all existing residential lot lines and residential zoning district boundaries.

§ 370-403 Automobile repair/automobile body shop.

A. 
All major repair and paint work shall be performed within an enclosed building.
B. 
All reasonable provisions shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots.
C. 
Outdoor storage of motor vehicles shall only be behind the front yard line and shall be no closer than 20 feet from any abutting lot line of a residential use.
D. 
Outdoor storage of auto parts and junk shall be prohibited.
E. 
Any vehicle that is not operable or does not have current registration shall not be stored in view of public streets or a residential use for a total of more than 10 days.
F. 
Service bay doors should not face abutting dwellings.
G. 
A use that is primarily intended to serve trucks with three or more axles shall be required to have a minimum lot area of three acres, and all areas used for repairs and servicing shall be set back a minimum of 100 feet from all existing residential lot lines and residential zoning boundaries.

§ 370-404 Automobile sales.

A. 
Automobile inventory shall be aligned and displayed in an orderly fashion so that circulation for fire safety can be maintained at all times.
B. 
All outdoor display areas adjacent to a residence or residential zoning district shall have exterior lighting reduced to at least 50% luminosity after 10:00 p.m.
C. 
Where an automobile display area abuts a Residential district, it shall include a landscaped buffer of at least five feet in depth along the shared lot line.
D. 
Landscaping requirements:
(1) 
One tree (2 1/2" cal.) per 15 display spaces shall be planted on the lot.
(2) 
A decorative landscaped strip shall be located immediately adjoining the supporting structure of any signage in all directions.
(3) 
A hedge or other desirable planting of at least two feet in height shall extend the entire length and breadth of the required landscaped strip.
E. 
A delivery plan, reviewed by the Borough Engineer, shall demonstrate adequate delivery and associated circulation areas that do not conflict with existing Borough development and circulation patterns.
F. 
The use shall have direct ingress/egress to an arterial road.
G. 
All related repair and service work, car washing and lubrication shall be conducted within a completely enclosed building.
H. 
All automobile parts and accessories, dismantled vehicles and similar materials shall be stored within a completely enclosed building.
I. 
All fuel, oil and other flammable substances shall be stored at least 20 feet from any property line.
J. 
Hazardous fluids shall be disposed of in accordance with regulations of appropriate regulatory agencies.

§ 370-405 Automobile salvage/junkyard.

A. 
The minimum lot area shall be 10 acres.
B. 
The premises shall be maintained so as to not constitute a nuisance or a menace to public health and safety.
C. 
No garbage, organic waste, petroleum products or hazardous waste shall be stored, buried or disposed of on the premises.
D. 
The manner of storage of junk shall be arranged in such a fashion that aisles of a minimum width of 25 feet between rows of automobiles are maintained in order to facilitate access for emergency services and to prevent the accumulation of stagnant water.
E. 
No automobiles shall be stored or accumulated and no structure shall be constructed within 100 feet of any existing residential lot or within 40 feet of any property line or public right-of-way.
F. 
The premises shall be enclosed by an opaque perimeter wall or fence not less than eight feet in height supported on steel posts with a self-latching gate. The fence shall be located to the rear of a 25-foot-wide landscaped buffer along the front property line, and a 15-foot-wide landscaped buffer on all other property lines. Buffers shall be planted with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and groundcovers.
G. 
The manner of storage of automobiles shall be arranged in such a fashion that it shall not be higher than the perimeter fence.
H. 
The owner(s) and operator(s) of a automobile junkyard shall incorporate Best Management Practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.

§ 370-406 Bed-and-breakfast.

A. 
The owner and/or manager of the bed-and-breakfast shall reside in the same structure as the use.
B. 
No more than 10 bedrooms may be available or used for a single bed-and-breakfast use.
C. 
Each guest room shall be limited to two guests, unless children under the age of 16 years are accompanying the guests, and in no instance shall the total number of guests exceed 30.
D. 
Service meals shall be limited to breakfast and only to overnight guests of the facility.
E. 
Signs shall conform to all sign regulations for the zoning district.

§ 370-407 Beverage production.

A. 
Any conditions imposed upon the establishment related to proximity from any specified land uses shall be set forth by Title 47, the Pennsylvania Liquor Code, as amended,9 and the Pennsylvania Liquor Control Board.
B. 
To minimize conflicts and promote public health and safety, the storage of pallets, loading-related equipment and production-related materials shall be contained within an enclosed and covered structure that is connected to the principal building.
C. 
The establishment shall not have a drive-through facility.
D. 
Any outdoor seating areas shall be fully enclosed by fencing or landscaping, shall comply with all standards as required by the Pennsylvania Liquor Control Board, and shall only be only accessible through the interior of the facility.
E. 
Liquid waste (process wastewater) from the beverage production operation shall be handled separately from domestic liquid waste and shall be in compliance with applicable discharge requirements.

§ 370-408 Biomedical operation.

A. 
Facility design must be in accordance with the most current version of the Biosafety in Microbiological and Biomedical Laboratories published by the U.S. Department of Health and Human Services Centers for Disease Control and Prevention and National Institutes of Health (CDC/NIH).
B. 
Facilities for the treatment, proper handling, and disposal of biomedical waste must be provided.

§ 370-409 Boarding house.

A. 
A boarding house shall require a minimum lot size of 6,000 square feet.
B. 
A boarding house shall be limited to a maximum of 10 rentable spaces and may also include a dwelling for an owner-occupant.
C. 
Each rentable space shall include a minimum of 150 square feet.
D. 
Each individual rental space shall be limited to a maximum of two persons.
E. 
The boarding house shall meet all applicable building codes, including requirements for egress, as well as adequate kitchen, bathroom, and utilities for the number of anticipated occupants.
F. 
Applicants shall include floor plans along with a site plan and other required information.
G. 
Exterior signs are not permitted.

§ 370-410 Car wash.

A. 
On-lot traffic circulation channels and parking areas shall be clearly marked.
B. 
Adequate provision shall be made for the proper and convenient disposal of refuse.
C. 
Centralized sewage disposal facilities and centralized water supply facilities shall be provided.
D. 
Water from the car wash operation shall not flow onto sidewalks or streets, to prevent hazards from ice.
E. 
New construction, reconstruction, or expansion of at least 50% in area or intensity, shall require a wash water reclamation and recycling system to be installed.

§ 370-411 Concrete or asphalt batch plant.

A. 
The lot shall be enclosed with permanent fencing and/or wall a minimum of eight feet in height and at least 90% opacity.

§ 370-412 Contractor establishment.

A. 
A 20-foot landscaped buffer shall be provided along any lot line abutting a residential use or district.

§ 370-413 Convenience store.

A. 
In Mixed-Use (MU) districts, convenience stores shall not be open between 10:00 p.m. and 7:00 a.m.

§ 370-414 Crematorium.

A. 
Loading areas/docks shall be screened with either landscaping or fencing from neighboring uses.
B. 
Outdoor storage shall not be permitted on a lot with a crematorium.

§ 370-415 Day care (adult and/or child).

A. 
The facility shall be licensed as such by the Commonwealth of Pennsylvania.
B. 
Ingress and egress to the site shall be designed to assure safe drop-off and pick up. All drop-off locations shall be designed so as to not interfere with the free flow of traffic on adjacent streets.
C. 
Exterior open space or play areas shall be provided, being usable and accessible only for patrons, at a minimum ratio of 100 square feet per child or adult patron. Outdoor open space shall be secured by a fence, at least four feet in height, with a self-latching gate. The outdoor space shall include shaded areas large enough to accommodate all patrons. Outdoor play areas that adjoin residential uses shall be screened by evergreen plantings or opaque fencing. Other lot and area requirements within the Zoning District in which the day care center is proposed shall also apply.
D. 
Interior space shall be provided per regulations of the Pennsylvania Department of Welfare.
E. 
Depending on traffic and/or adjoining use of the premises, a fence with approved height and strength may be required along the lot's perimeter for the protection of patrons.

§ 370-416 Donation drop boxes.

A. 
Drop boxes shall be permitted as accessory uses, only to a principal commercial use in a Mixed Use or Industrial district or a non-residential principal use in a Residential district.
B. 
Drop boxes shall be located only on lots of at least 10,000 square feet in area.
C. 
The number of drop boxes shall be limited to two per property.
D. 
Drop boxes shall be considered an accessory structure and shall adhere to any regulations concerning the location of accessory structures.
E. 
Drop boxes shall not be larger than seven feet tall, six feet wide, and six feet long.
F. 
Installation of a drop box shall require written permission of the property owner. This permission shall be made available to the Borough for review upon request.
G. 
Drop boxes shall display the following information on the exterior of the box: name and telephone or cell phone number of the owner/operator; the types of items sought for donation; and a statement prohibiting liquids, food or other perishable items, or dumping.
H. 
Drop boxes shall not have junk or trash left outside the boxes for more than 24 hours. Drop boxes shall be emptied within 48 hours following a property owner's request.

§ 370-417 Drive-through facilities.

A. 
A drive-thru window or the like shall not be located in a front yard.
B. 
For uses serving food or beverages through a drive-through facility, a minimum of five stacking spaces shall be provided for each drive-thru lane.
C. 
Stacking shall not interfere with the normal traffic flow within the lot nor shall it cause the stopping of vehicles on any public right-of-way.
D. 
For uses serving food or beverages through a drive-through facility, one outdoor menu board, with a maximum sign area of 20 square feet, beyond the signs normally permitted.

§ 370-418 Entertainment or recreation facility, outdoor.

A. 
Setbacks and landscaping. Active recreation uses shall not be located within 15 feet of a lot line or within required setback areas. Landscaped buffers of 10 feet in depth shall be required along any lot line adjacent to a lot in a Residential district.
B. 
Impervious coverage. Impervious coverage, including structures, parking lots, impervious playing surfaces, and buildings, shall not exceed 60% of the lot.
C. 
Lighting. Outdoor lighting shall meet requirements in Article VI.
D. 
Hours of operation. Lots within Residential districts, or adjacent to Residential districts, shall schedule hours of operation to minimize noise, lighting, traffic, and other negative impacts. Operating hours for the purpose of this section shall mean the period of time that the outdoor recreational or entertainment activity is occurring.
E. 
Fencing. Pools shall be surrounded by a fence at least eight feet in height, the entrance to which shall be kept locked when attendant is not present; and shall be constructed in accordance with all applicable building codes and state requirements. Tennis courts shall be protected by a permanent fence 10 feet in height. Fencing shall be used for other activities to protect from errant balls, or other objects.

§ 370-419 Funeral home/mortuary.

A. 
Loading and unloading shall not be visible from a public right-of-way.

§ 370-420 Garden apartment courts and townhouse courts.

A. 
Each dwelling or apartment shall meet zoning and building code requirements of a dwelling unit.
B. 
The minimum lot size shall be two acres.
C. 
The maximum impervious coverage shall be 70%.
D. 
A maximum of 10 contiguous townhouse units shall be permitted in an individual terrace. The maximum length of a single garden apartment building shall be 200 feet.
E. 
A 10-foot wide fire/emergency clear space shall be provided around the perimeter of each building or terrace of townhouses. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may require a greater separation of structures.
F. 
A private outdoor area in the form of a private yard, patio or balcony, but not including a driveway, shall be provided for each townhouse, immediately abutting that dwelling.
G. 
For any garden apartment or townhouse development involving 50 or more dwelling units, a minimum of 10% of the total land area shall be dedicated to passive and active recreational purposes appropriate for the anticipated ages of residents.
H. 
A landscaped buffer of at least 10 feet in depth shall be required along side and rear lot lines.
I. 
Any mailboxes provided within the street right-of-way shall be clustered together in an orderly arrangement or structure. Individual freestanding mailboxes of non-coordinated types at the curb side are discouraged.
J. 
All private streets and accessways serving more than five dwelling units, but not including parking courts, shall be built to Borough construction standards for public streets.
K. 
Common trash receptacles shall be provided in locations that are convenient for residents and for collection, but located at least 50 feet from nearest residential unit. Trash receptacles shall be enclosed by a fence or wall with a minimum height of eight feet and a minimum opacity of 80%.
L. 
Maximum height of lighting for outdoor parking areas and roadways shall be 20 feet.
M. 
Parking areas with more than 10 or more spaces shall require two trees to be planted (two inch caliper at a height of one foot from grade) for each 10 spaces.

§ 370-421 Group care facility.

A. 
The Applicant of said use shall file a detailed statement of intent with the Council describing the proposed use. The statement shall identify how said use satisfies a demonstrative need and shall be conducted in a responsible manner without detriment to the surrounding lots and neighborhood.
B. 
A Group Care Facility shall include no more than six residents in a residential district and a maximum of 15 residents in any other district.
C. 
24-hour supervision of residents by a facility employee approved by the Pennsylvania Department of Public Welfare shall be required.
D. 
The minimum lot size shall be 1/2 acre.
E. 
A minimum of 10% of the lot shall be developed for passive recreation, including outdoor sitting areas and pedestrian or wheelchair pathway.
F. 
Any medical or counseling services provided shall occur on the lot only for residents and up to two nonresidents.
G. 
Parking areas shall be screened from view of neighboring lots or those directly across the street from the lot.
H. 
Any facility with six or more residents shall not be located within 1,000 feet of another facility with six or more residents.

§ 370-422 Healthcare facility.

A. 
Emergency facilities shall be located to minimize conflicts of circulation, parking, loading and delivery between surrounding land uses.
B. 
Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.

§ 370-423 Home occupation/home-based business, no-impact.

A. 
Home occupation.
(1) 
The employees of a home occupation may include the residents of said dwelling and a maximum of one non-resident.
(2) 
A home occupation shall not exceed 25% of the gross floor area of the residence, including the space for equipment needed in the occupation.
(3) 
The use shall not create any additional environmental impact, including but not limited to, road infrastructure, traffic, garbage, water use, and sewage, other than those impacts normally resulting from residential use.
(4) 
The use shall not require internal or external alterations or construction features which change the fire rating of the structure.
(5) 
There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.
(6) 
There shall be no storage of materials or equipment outside an enclosed building.
(7) 
The use shall not create greater vehicular or pedestrian traffic than that which is normal for the residences in the neighborhood.
(8) 
All parking generated by the conduct of a home occupation shall be provided for on the lot.
(9) 
The home occupation shall not involve the use of vehicles in excess of one ton capacity or 9,000 lbs gross vehicle weight for delivery of materials to or from the premises, and such vehicles shall not be parked on the premises.
(10) 
There shall be no regular display of merchandise available for sale on the premises.
(11) 
The home occupation shall not involve the use of advertising signs on or off the premises.
(12) 
The following uses shall not be considered to be home occupations and shall be limited to the districts in which they are specifically authorized as permitted uses, conditioned uses or uses by special exception:
(a) 
Veterinary services, not including dog grooming.
(b) 
Automobile sales, rental, service and repair shops.
(c) 
Beauty shops and barbershops containing more than one chair.
(d) 
Hospitals, nursing homes, group living facilities.
(e) 
Kennels and keeping of other domestic pets of similar or greater quantities.
(f) 
Funeral homes.
(g) 
Private clubs.
(h) 
Private instruction to more than three students at a time.
(i) 
Restaurants.
(13) 
Day care, as defined by this chapter, shall be considered a home occupation, provided that:
(a) 
All of the foregoing standards for a home occupation are met.
(b) 
An adequate area for outdoor recreation shall be provided and shall be secured by a fence with a self-latching gate.
(c) 
A safe area shall be provided for dropping off and picking up children which does not obstruct the free flow of traffic on any public street.
(d) 
Any approved home occupation which requires any type of public access to the dwelling must obtain all required approvals from the Pennsylvania Department of Labor and Industry.
(14) 
Normal hours of operation shall be a maximum of 7:00 a.m. to 9:00 p.m. for customer/client traffic.
B. 
Home occupation.
(1) 
The employees of a home occupation may include only the residents of said dwelling.
(2) 
A home occupation shall not exceed 25% of the gross floor area of the residence, including the space for equipment needed in the occupation.
(3) 
The use shall not create any additional environmental impact, including but not limited to, road infrastructure, traffic, garbage, water use, sewage, noise, vibration, glare, fumes, odors or electrical or electronic interference other than those impacts normally resulting from residential use.
(4) 
The use shall not generate any additional traffic, including that of customers or clients, pickup, delivery, or removal, in excess of residential use.
(5) 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights, display of merchandise, or on-premises or off-premises signs.
(6) 
There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.
(7) 
There shall be no storage of materials or equipment outside an enclosed building.

§ 370-424 Hotel/motel.

A. 
A hotel/motel shall require a minimum lot size of 6,000 square feet.
B. 
Each rental unit shall include a minimum of 150 square feet.
C. 
Each rental unit shall have its own toilet and bathing or shower facilities.
D. 
The hotel/motel shall meet all applicable building codes, including requirements for egress, as well as adequate facilities and utilities for the number of anticipated occupants.
E. 
An auditorium, restaurant, tavern, pool under 3,000 square feet in area, and/or gift shop operated in connection shall be permitted as a clearly accessory use to a principal hotel or motel use.
F. 
All parking areas located adjacent to existing residences shall reduce exterior lights to half power after 9:00 p.m.
G. 
A hotel or motel structure within the PD district shall be located at least 60 feet from any adjacent Residential zoning district.

§ 370-425 Incinerator.

A. 
The minimum lot area for an incinerator shall be 50 acres.
B. 
An inventory of toxic corrosive flammable carcinogenic and explosive materials, chemicals, liquids, gases or solids shall be filed annually with the local fire department and 911 Service.
C. 
The perimeter of an incinerator including outdoor storage areas, delivery areas and/or loading areas shall be screened from adjoining properties. All screens shall have minimum height of eight feet and shall be constructed as earth berms, 15-foot wide landscape buffer yards, fences or walls with a minimum opacity of 80%.
D. 
An incinerator shall have one point of ingress and egress.
E. 
Incinerators shall operate between 5:00 a.m. and 10:00 p.m. No deliveries or operations shall be permitted prior to 5:00 a.m. or after 10:00 p.m.
F. 
Such uses shall be located at least 200 feet from any lot line adjoining an existing residential lot and at least 100 feet from any other lot line or public right-of-way as defined by this chapter.
G. 
No incinerator should be located within 500 feet of an existing public or parochial school, hospital, nursing home, day care center, place of assembly/worship, public playground and public or private park.

§ 370-426 Kennel.

A. 
Such uses shall be located at least 100 feet from any property line adjoining an existing residential lot or residential zoning district.
B. 
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at an adjacent residential lot line.
C. 
Outdoor animal runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a fence with a self-latching gate and shall be screened by a six-foot high compact hedge or 90% opaque fence on all sides which are visible from an existing residential lot or a public right-of-way.
D. 
Animals shall not be permitted to use outdoor runs from 9:00 p.m. to 8:00 a.m. At no time shall the animals be permitted to run loose on the lot other than in a completely enclosed area.
E. 
The kennel shall be licensed by the Commonwealth of Pennsylvania, and compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania and the York County Health Department shall be maintained.

§ 370-427 Manufactured housing.

A. 
Manufactured dwellings shall be placed on a permanent foundation and anchored to resist flotation, collapse, or lateral movement. Skirting shall be used to conceal anchoring.
B. 
Manufactured dwellings shall be elevated so that the lowest floor of the manufactured home is 1 1/2 feet or more above the elevation of the 100-year flood.
C. 
Manufactured dwellings shall be installed in accordance with the manufacturers' installation instructions as provided by the manufacturer.

§ 370-428 Manufacturing, heavy/light.

A. 
Any outdoor storage conducted on the lot shall comply with Borough standards.
B. 
Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
C. 
An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemical, liquids, gases or solids stored and/or used on site shall be available upon request.

§ 370-429 Medical marijuana dispensary.

A. 
The use shall obtain a permit and approval from the Pennsylvania Department of Health and the user shall provide a copy of that approval to the Township.
B. 
A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center.
C. 
The use shall be conducted in an indoor, enclosed, permanent, and secure building. The use shall not be located inside the same physical space or area of another commercial use. The use shall not have a drive-through or outdoor seating. Produces shall not be administered or consumed on site. The user shall implement appropriate security and surveillance measures as required by the Pennsylvania Department of Health.

§ 370-430 Medical marijuana grower/processor.

A. 
The use shall obtain a permit and approval from the Pennsylvania Department of Health and the user shall provide a copy of that approval to the Township.
B. 
Growing and processing of medical marijuana shall be limited to wholesale products for sale to another medical marijuana facility. Retail sales of medical marijuana, including the operation of a medical marijuana dispensary, on the same property as the growing and processing operation is prohibited.
C. 
Medical marijuana may only be grown and processed in an indoor, enclosed, and secure building which includes security and surveillance features required by the Department of Health. Solid or liquid waste byproduct or waste remnants generated from the operation shall also be stored in an enclosed secured building until picked up for transportation to a facility authorized to accept such waste.

§ 370-431 Mobile home park.

A. 
Lot size. A mobile home park shall require a minimum lot size of 10 acres.
B. 
Setbacks. Minimum building setback lines shall be not less than 30 feet from the edge of the street right-of-way. Where applicable, side and rear building setbacks lines of at least 10 feet shall be established.
C. 
Park perimeter buffer strips. All mobile homes, auxiliary park buildings and other park structures shall be located at least 35 feet from the mobile home park boundary lines. The minimum buffer strip may be reduced to 25 feet if a suitable perimeter screening of plantings or fencing is provided and approved by the Borough.
D. 
Dwelling site spacing. Each individual dwelling site shall have a minimum width of 40 feet for a single unit mobile home or 65 feet for a double-unit mobile home. Mobile homes shall be located at least 20 feet from each other and 50 feet from any auxiliary park buildings and any repair, maintenance or storage areas of buildings.
E. 
Foundations. Each mobile home lot shall be provided with a permanent frost-free foundation and each lot will have available adequate provisions, such as anchor bolts and tie-down straps, to assure that each mobile home has available to it a means of securing the home to its site. Skirting shall be provided for each unit to hide foundation ties.
F. 
Internal street requirements. Each mobile homes shall abut an internal circulatory street, and shall not have direct access to a public right-of-way. The internal street system within a Mobile Home Park shall be designed and constructed according to standards defined by the Hanover Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 320, Subdivision and Land Development.
G. 
Water and sewer systems. Water supply and sewage disposal system connections shall be provided to each Mobile Home lot within a Mobile Home Park. In addition, the mobile home park shall meet all requirements of the Hanover Subdivision and Land Development Ordinance with regard to said water and sewer systems.
H. 
Grading and ground cover requirements. The ground surface in all parts of each mobile home park shall be graded, covered in a manner to prevent erosion, and shall drain stormwater in accordance with Hanover Subdivision and Land Development Ordinance regulations.
I. 
Recreation and open space requirements. A minimum of 10% of the gross area of the mobile home park shall be provided for recreational space. This recreational space shall be suitable for varied outdoor recreational uses. The Applicant will present assurances related to the responsibilities for land ownership, the construction and/or purchase of facilities or other features, and the perpetual maintenance of the above.
J. 
Sidewalks. All mobile home parks shall provide a sidewalks along any adjacent public streets.
K. 
Guest parking. Guest parking shall be provided in a common off-street parking area at the ratio of one parking space for every three mobile home dwellings.
L. 
Waste screening. All dumpster areas shall be screened from all lots and public rights-of-way. All screens shall be a minimum of eight feet high and shall have a minimum opacity of 80%.

§ 370-432 Nursery/garden center.

A. 
An eight-foot high wall fence or wall of at least 80% opacity shall be constructed around the perimeter of any storage areas if equipment and/or materials are not contained within an enclosed building/area.
B. 
The ground surface of off-street parking shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances. Loading and equipment storage areas shall, at a minimum, be paved with crushed limestone aggregate.

§ 370-433 Nursing home/retirement home.

A. 
A minimum of 10% of the site shall be developed for passive recreation. This area shall include outdoor sitting areas and pedestrian or wheelchair pathway.
B. 
Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.
C. 
Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.
D. 
Guests of residents shall not occupy the facility for more than 14 consecutive nights in a 30-day period.

§ 370-434 Place of assembly/worship.

A. 
Accessory uses. For Places of Worship, the following accessory uses are permitted:
(1) 
Religious education buildings, but not primary or secondary schools, which shall be treated as a distinct principal use.
(2) 
Recreation, indoor or outdoor, when accessory to worship activity.
(3) 
Accessory residences, when clearly related to worship activity, such as a parsonage or convent.
(4) 
Memorial gardens for internment of cremated remains, provided the minimum lot size shall be 20,000 square feet.
B. 
Landscaping. Landscaped buffers of five feet in depth shall be required along any lot line adjacent to a lot in a Residential district.
C. 
Impervious surfaces. In Residential Districts, maximum impervious coverage shall be 80%.

§ 370-435 Public utility.

A. 
Scope. This section shall apply to any structure or other improvement to be constructed, including the extension or replacement or existing facilities by any public utility, as defined by existing state law, except common or contract carriers.
B. 
Hearing. No special exception permit shall be issued until the Zoning Hearing Board, after a public hearing, decides that the extension or replacement of an existing facility or the construction of a new facility is reasonably necessary for convenience or welfare of the public, except by a preemption by the State Public Utility Commission.
C. 
Area and bulk. All public utility uses and buildings shall comply with the area and bulk regulations and other regulations specified for the zoning district in which such structure or use is located, except by preemption by the State Public Utility Commission.
D. 
Hazardous facilities. Nothing in this section shall be construed to prejudice any rights of the municipality to obtain an injunction restricting the construction of facility which shall create a danger to the public safety or obtaining such other relief as may be appropriate.
E. 
Exemption. This chapter shall not apply to the construction, operation and maintenance of public utility distribution and transmission or collection systems, or an existing or proposed structure or building, or extension thereof, used or to be used by a public utility corporation, if upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and the Borough of Hanover have notice of the hearing and are granted as opportunity to appear, present witnesses, cross-examine witnesses presented by other parties, and otherwise exercise the rights of a party to the proceedings. Structures permitted for these systems shall be necessary to the distribution and transmission or collection and shall be in harmony, as much as possible, with the uses permitted in the zone where said building or structure is located.

§ 370-436 Recycling facility.

A. 
The use shall be conducted within a completely enclosed building.
B. 
All materials shall be kept in appropriate containers, with appropriate sanitary measures to prevent the attraction of insects or rodents and to avoid any fire hazards.
C. 
Such facility shall have adequate provision for serving by trucks and for off-street parking. Vehicular drop-off areas shall be located a minimum of 60 feet from any intersection or driveway and shall not conflict with residential parking.
D. 
The reviewing entity shall determine that such use will not create detrimental impacts on the surrounding properties, taking into consideration probable traffic generation, truck routes, hours of operation, and noise generation.
E. 
A 20-foot landscaped buffer shall be provided along any lot line abutting a residential use or district.
F. 
The use shall include no processing other than collection, sorting and routine cleaning. No burning or landfilling shall occur.

§ 370-437 School, public or private.

A. 
Setbacks and landscaping. Active recreation uses shall not be located within 15 feet of a lot line or within required setback areas. Landscaped buffers of 10 feet in depth shall be required along any lot line adjacent to a lot in a Residential district.
B. 
Impervious coverage. Impervious coverage, including structures, parking lots, impervious playing surfaces, and buildings, shall not exceed 60% of the lot.
C. 
Landscaping. Landscaped buffers of five feet in depth shall be required along any lot line adjacent to a lot in a Residential district.
D. 
Playgrounds. Recreational areas shall be located no closer than 10 feet to an abutting street or other lot lines. Playgrounds intended for children under age 10 shall be fenced if adjacent to a street right-of-way.

§ 370-438 Self storage.

A. 
Trash, radioactive or highly toxic substances, garbage, refuse, explosive or flammable materials, hazardous substances, animals, animal carcasses or similar items shall not be stored.
B. 
Nothing shall be stored in interior traffic aisles, off-street parking areas, loading areas or accessways.
C. 
Major repairs of boats, vehicles, trailers, lawn mowers or any similar equipment shall not be permitted.
D. 
No building shall be longer than 200 feet. All buildings shall be separated from each other by a minimum distance of 15 feet.

§ 370-439 Shopping center, mall, or plaza.

A. 
A traffic impact study (see Article VI Vehicle Traffic Impacts)[1] shall be prepared for any proposed shopping center, mall, or plaza with 50,000 square feet or more of gross floor area.
[1]
Editor’s Note: See § 370-612, Vehicle traffic impacts.
B. 
The minimum sight distance from any proposed commercial driveway to points in the left and right traveling lanes shall be measured from a pointe 10 feet back from the pavement. The developer is responsible for having sight distance information certified by a registered, professional engineer or surveyor, or, if the developer does not provide such information, shall reimburse the Borough of Hanover for the cost of obtaining all necessary information.
C. 
All shopping centers, malls and plazas shall have no more than one driveway for each 125 feet of lot frontage. No driveway shall be closer than 50 feet from any other driveway.
D. 
Parking areas shall not be permitted within 10 feet of the road right-of-way. This setback area shall be landscaped with suitable plants or other decorative landscape materials which will be resistant to damage from road de-icing chemicals.
E. 
The general siting of buildings and location of any service roads and common driveways of all shopping centers, malls and plazas shall be designed to enable adjacent properties the opportunity to connect into the circulation system of the shopping center, mall or plaza should future development occur.
F. 
Loading areas shall be provided to the rear of the principal structure.
G. 
A 12-foot wide fire/emergency clear space shall be provided around the perimeter of each building.
H. 
Subdivision of shopping centers, malls and plazas. Subdivision of shopping centers, malls and plazas into lots not less than 1/2 acre is permitted, provided all the requirements of this section are met for the entire site. In addition, the following standards shall be required:
(1) 
The location, size, right of access and other pertinent features of the lots, driveways, parking areas and all common areas shall be described and included in deed restrictions or other suitable legal instruments prepared by the developer and submitted to the Borough of Hanover for approval.
(2) 
For driveways and curb cuts, the developer shall prepare a negative easement along the site frontage which will restrict the location, size and number of driveways as specified in the approved site plan. The negative easement will run with the land and be in favor of the Borough of Hanover and shall be recorded in the deed. It will be submitted to the Borough of Hanover for approval.
(3) 
Individual lots subdivided under this section shall be reviewed as separate land development plans. Each lot shall meet the applicable zoning standards for the zoning district in which it is located. This includes, but is not limited to:
(a) 
Off-street parking as required by this chapter.
(b) 
Bulk, area, height, building coverage and other standards specified in this chapter for the zoning district in which the shopping center, mall or plaza is located. However, side and front yard setbacks shall be measured only from the outside or perimeter lot lines of the entire site; spacing between buildings and interior lot side yards shall be determined during site land development plan review by the Planning Commission. No side yards shall be required where buildings have common or party walls and share common side yard lot lines.
(c) 
Sight distance requirements specified for all shopping centers, malls and plazas shall be met for any commercial use to be developed individually within the site.

§ 370-440 Solid waste facility.

A. 
All solid waste storage, disposal and incineration shall be at least 100 feet from any public street or exterior lot line.
B. 
All areas to be used for the storage, disposal or incineration of solid waste shall be a minimum of 200 feet from any residential district or publicly owned park, or any existing residential use that the applicant does not have an option to buy or the banks of any nonintermittent creek or river.
C. 
Any burning or incineration shall be carried out in a completely enclosed incinerator approved by DEP. Any material to be incinerated that is to be stored for more than three hours shall be stored in an enclosed structure.
D. 
The site shall be selected and designed by a registered professional engineer with proven experience in solid waste disposal planning and operation. The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations.
E. 
Open dumps and open burning of refuse is prohibited.
F. 
The applicant shall prove to the satisfaction of the deciding body that the existing street network can handle the additional truck traffic, especially without bringing trash-hauling trucks through or alongside existing residential or residentially zoned areas.
G. 
The applicant shall prove to the satisfaction of the deciding body that the proposed use would not significantly impact negatively on dwellings or neighborhoods.
H. 
The applicant shall prove to the satisfaction of the deciding body that the use would not be a hazard to groundwater quality, create noxious smells off of the tract or violate the performance standards of Article VI. The deciding body, upon the advice of the Borough Engineer, may require a sanitary landfill to include a double liner and a system to collect and treat leachate and methane.
I. 
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. Earthen berms or evergreen screening shall be used to prevent the landfill operations from being visible from an expressway or arterial streets or dwellings.
J. 
Health hazards. Any facility shall be operated in such a manner as to prevent the attraction, harborage or breeding of insects, rodents or vectors.
K. 
Attendant. An attendant shall be present during all periods of operation or dumping.
L. 
Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.
M. 
Emergency access. The operator of the use shall cooperate fully with local emergency services. This should include 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.
N. 
Hours of operation. Applicants are requested to agree to limit the hours of operation to between 7:00 a.m. and 9:00 p.m.
O. 
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.
P. 
Radioactive and infectious materials. No radioactive or infectious materials may be stored, disposed of or incinerated. Infectious materials are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.
Q. 
Staging. No area larger than 40 acres shall be approved as a new or expanded disposal area for a sanitary landfill in any calendar year.
R. 
State requirements. Nothing in this chapter is intended to supersede any state requirements. It is the intent of this chapter that when similar issues are regulated on both the Borough and state levels, that the stricter requirement shall apply for each aspect, unless it is determined that an individual state regulation preempts Borough regulation in some aspect.
S. 
The applicant shall enter into an agreement with the Borough specifying the types and frequencies of environmental monitoring that will be put into place while the use is under way and after any underground use area is closed.
T. 
A leachate treatment system or a recycling collection or processing center may be accessory uses.
U. 
Maximum tonnage. Any resource recovery facility or solid waste transfer facility shall have a maximum capacity of 300 tons per day for treating, sorting and/or disposing of solid waste.

§ 370-441 Traditional neighborhood developments.

A. 
Purpose. The purpose is to encourage innovative designs for residential uses or a combination of residential uses and/or nonresidential uses based on traditional neighborhood development goals stated in the Pennsylvania Municipalities Planning Code.
B. 
Multiple lots and uses. Uses are limited to individual or combinations of uses as permitted in Article III. A development may consist of multiple lots and multiple principal structures on individual lots.
C. 
Layout. New developments shall meet the following requirements:
(1) 
Developments should have multiple points of intersection with the existing street network.
(2) 
New street networks shall form a grid or related pattern with intersections less than 600 feet apart. Cul-de-sacs and other non-through street ends shall not be permitted except where a connection to a future development is planned.
(3) 
Alleys are encouraged to provide access to rear parking and service areas.
(4) 
Provision of on-street parking is encouraged on non-alley streets.
(5) 
Sidewalks shall be constructed on both sides of all non-alley streets. All buildings shall be oriented towards non-alley streets, with primary entrances from sidewalks along non-alley streets.
(6) 
At least 5% of the gross area of a development site shall be permanently set aside as civic spaces, in the form of public plazas, neighborhood squares, or similar centralized civic gathering space.
(7) 
For every 50 dwellings an additional 1% of the gross area of the development site shall be set aside for playgrounds, community gardens, ball courts, or other active recreational uses.
(8) 
For every 100 dwellings, an additional 1% shall be set aside as passive open space with walking paths and landscaping.
(9) 
Open space may be used for stormwater management infrastructure, provided the infrastructure is integrated with the open space uses, provides a scenic amenity with plantings beyond basic functionality, and creates a self-sustaining natural landscape.
(10) 
As a general principle, existing attractive or unique natural features, such as watercourses and waterbodies, wetlands, steep slopes, woodlands, specimen trees and other areas of mature vegetation should be preserved and incorporated into the development as open space.
(11) 
Common open space shall be open to the public and preserved in perpetuity by deed restriction, conservation easement, or other agreement and duly recorded in the Office of the Recorder of Deeds of York County. An agreement shall designate parties responsible for management and maintenance of the reserved common open space.
(12) 
Non-residential uses should be grouped together along arterial or collector streets, served by pedestrian-oriented streetscapes, and be provided with shared off-street parking.
D. 
Rear alleys or side streets should be used to access parking spaces or garages. Off-street parking spaces and garages shall not be located in front of buildings. Area and Bulk Requirements. The following area and bulk requirements shall apply to lots or structures within a traditional neighborhood development:
Minimum lot area
3,200 sf
Rowhouse: 1,600 sf
Multifamily: 6,400 sf
Minimum lot width
20'
Max. Bldg. Coverage
80%
Front yard
Minimum: 0'
Maximum: 20'
Minimum side yard
0'
Twin: 5' on open side
Accessory bldg.: 0'
Minimum rear yard
Principal: 20'
Accessory: 0'
Maximum height
4 stories or 50'
Accessory bldg.: 20'
Maximum density
30 dwellings/ac across entire development
E. 
Administration.
(1) 
Construction of a development may occur in phases but shall adhere to a Master Plan as approved and conditioned. Modifications to the Master Plan shall require approval as a modification to the original special exception approval.
(2) 
If the proposed Master Plan contains any individual uses which require Special Exception or Conditional approval, those uses shall require separate approval by the respective reviewing bodies.
(3) 
Once constructed and established, a proposed change of use for an individual site within the development shall only require the level of review required by the proposed use.

§ 370-442 Urban agriculture.

A. 
Only the planting, raising, harvest, storage, and sale of fruit and vegetable matter for human consumption shall be permitted. Animal husbandry or production of animal-based products shall not be permitted, with the exception of apiaries and apiary-related products.
B. 
While in-ground agriculture may occur within any portion of a lot, all structures associated with urban agriculture (fences, hoop houses, greenhouses, coolers, hydroponic setups, etc.) shall meet the area and bulk requirements of the zoning district.

§ 370-443 Warehouse.

A. 
Storage of solid waste, explosive or flammable materials, hazardous or highly toxic substances, radioactive substances, animals, animal carcasses or similar items shall not be permitted.
B. 
Outdoor storage of foods and/or materials which create odors or attract animals shall not be permitted.
C. 
Warehouse uses shall be located not closer than 200 feet from any abutting property that is in a different zoning district.
D. 
A landscaped buffer of at least 15 feet in depth shall be required along any lot line adjacent to a Residential district.

§ 370-444 Wireless communication facility.

A. 
Purposes. The purposes of this chapter include a desire to establish reliable standards for the siting, design, permitting, construction, operation, inspection, maintenance, repair, modification, removal and replacement of wireless communications facilities in recognition of the federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996); the federal Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act) Pub. L. No. 112-96, 126 Stat. 156 (2012), and FCC regulations promulgated thereunder by the Federal Communications Commission (FCC), including the FCC's Report and Order of October 21, 2014, FCC 14-153 (rel. Oct. 21, 2014); and the Pennsylvania Wireless Broadband Collocation Act (Act 191 of 2012), 53 P.S. § 11702.1 et seq. in the Borough of Hanover ("Borough). Moreover, the Borough desires to plan and accommodate for the managed deployment of infrastructure that is necessary to accommodate the wireless communications needs of the Borough's residents, businesses and emergency service providers. While the Borough recognizes the benefit of wireless communications facilities in providing high quality communications service and enhancement to its residents, businesses and emergency service providers, the Borough also recognizes that it has an obligation to protect public safety through the standards set forth in the following provisions.
B. 
Definitions. The definitions found herein apply only to Wireless Communications Facilities and the regulations found in this article:
(1) 
ACCESSORY EQUIPMENT — Any equipment serving or being used in conjunction with a wireless telecommunications facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar equipment.[1]
[1]
53 P.S. § 11702.2.
(2) 
ANTENNA — Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services. An antenna shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizen band radio.
(3) 
BASE STATION — A structure or equipment at a fixed location that enables Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subsection or any equipment associated with a tower.
(a) 
The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services (i.e., wi-fi) and fixed wireless services (i.e. point to point microwave transmissions) such as microwave backhaul.
(b) 
The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).
(c) 
The term includes any structure other than a tower that, at the time the relevant application is filed with the Borough under this subpart, supports or houses equipment described in Subsection (a) and (b) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
(d) 
The term does not include any structure that, at the time the relevant application is filed with the Borough under this section, does not support or house equipment described in Subsections (a) and (b) of this definition.[2]
[2]
47 C.F.R. § 1.40001(b)(1).
(4) 
COLLOCATION — The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.[3]
[3]
47 C.F.R. § 1.40001(b)(2).
(5) 
DISTRIBUTED ANTENNA SYSTEM (DAS) — A small network of antennas that are connected to a common source that provides coverage in a building or a small geographic area.
(6) 
ELIGIBLE FACILITIES REQUEST — Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving i) collocation of new transmission equipment; ii) removal of transmission equipment; or iii) replacement of transmission equipment.[4]
[4]
47 C.F.R. § 1.40001(b)(3).
(7) 
ELIGIBLE SUPPORT STRUCTURE — Any tower or base station, provided that it is existing at the time the relevant application is filed.
(8) 
EQUIPMENT COMPOUND — An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located.[5]
[5]
53 P.S. § 11702.2.
(9) 
FT. WORTH ATTACHMENT — A non-freestanding pole which is attached to an electrical transmission tower which is used to support antennas and accessory equipment and which is anchored to the ground and obtains lateral bracing by direct attachment to the electrical transmission tower.
(10)MINIMUM FUNCTIONAL HEIGHT
Minimum height necessary for a WCF to function satisfactorily.
(10) 
MODIFICATION — The improvement, upgrade or expansion of existing wireless telecommunications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of the wireless telecommunication facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.[6]
[6]
53 P.S. § 11702.2.
(11) 
MONOPOLE — A tower which consists of a single pole structure without any guy wires, designed and erected on the ground or on top of a structure, to support communications antennas and connect appurtenances.
(12) 
REPLACEMENT — The replacement of existing wireless telecommunications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless telecommunications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.[7]
[7]
53 P.S. § 11702.2.
(13) 
RIGHT-OF-WAY (ROW) — The surface of and space above and below any real property in the municipality in which the federal government, Commonwealth, municipality or municipal authority has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the federal government. Commonwealth, municipality or municipal authority, and any non-exclusive public or utility easements established, dedicated, platted, improved or devoted for utility purposes. Private rights-of-way and other government-owned lands not listed above shall not be considered a right-of-way. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the Right(s)-of-Way.
(14) 
SITE — For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.[8]
[8]
47 C.F.R. § 1.40001(b)(6).
(15) 
STEALTH TECHNOLOGY — State-of-the-art design techniques used to blend objects into the surrounding environment and to minimize the visual impact as much as possible. These design techniques are applied to wireless communications towers, antennas and other facilities which blend the proposed WCF into the existing structure or visual backdrop in such a manner as to render it less visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, light poles, utility poles or flag poles.
(16) 
SUBSTANTIAL CHANGE OR SUBSTANTIALLY CHANGE — A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
(a) 
For towers other than towers in the public rights-of-way, it increases the original height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other existing towers or base stations, it increases the original height of the structure by more than 10% or more than 10 feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.[9]
[9]
Editor's Note: See P.L. No. 112-96, 126 Stat. 156 (2012).
(b) 
For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other existing towers or base stations, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
(c) 
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
(d) 
It entails any excavation or deployment outside the current site.[10]
[10]
47 C.F.R. § 1.40001(b)(7).
(17) 
TOWER — Any structure that exceeds 10 feet in height and is built for the sole or primary purpose of supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services (i.e., wifi) and fixed wireless services (i.e., point to point microwave transmission) such as microwave backhaul, and the associated site. A building, water tower, electrical transmission tower, utility pole, light pole, traffic signal pole, flag pole or other similar structure designed and constructed for a sole or primary purpose other than supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, as well as a Ft. Worth Attachment shall not be considered a tower.[11]
[11]
47 C.F.R. § 1.40001(b)(9).
(18) 
TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES (TOWER-BASED WCF) — Wireless communications facilities that include the installation of a new tower to support the transmission equipment. A WCF that requires the replacement of an existing structure (i.e., building, water tower, utility pole, light pole, traffic signal pole, flag pole or other similar structure) to support the weight of a WCF is not considered a new Tower-Based WCF.
(19) 
TRANSMISSION EQUIPMENT — Equipment that facilitates transmission for any Federal Communications Commission-licensed or authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as a microwave backhaul.[12]
[12]
47 C.F.R. § 1.40001(b)(8).
(20) 
WCF ON EXISTING STRUCTURE — Wireless communications facilities located on existing structures such as, but not limited to buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.
(21) 
WIRELESS — Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, personal communications service (PCS), microwave, satellite, or radio signals.
(22) 
WIRELESS COMMUNICATIONS FACILITY (WCF) — The set of equipment and network components including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunication services. The term shall not include the wireless support structure.
(23) 
WIRELESS SUPPORT STRUCTURE — A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower or other structure not classified as a wireless support structure, including but not limited to buildings, light poles, utility poles, traffic signals and other similar structures that could support the placement or installation of wireless telecommunications facilities if approved by the municipality.[13]
[13]
53 P.S. § 11702.2.
C. 
Zoning District Regulations for Wireless Communications Facilities (WCF).
(1) 
Tower-Based WCF outside the ROW are:
(a) 
Permitted as a special exception in the Industrial Districts; and
(b) 
Prohibited in all other districts, except that tower-based WCFs outside the ROW are permitted on all property owned by the Borough regardless of zoning district.
(2) 
Tower-Based WCF within the ROW are permitted as a special exception in the D,MU, CB, and PD zoning districts only.
(3) 
Non-Tower-Based WCF's are permitted by right subject to application requirements stated herein in all districts, except that no non-Tower-Based WCF shall be located, in any zoning district, on a single-family attached dwelling, single-family detached dwelling, townhouse or structure accessory to any of the above.
(4) 
Eligible Facilities Requests that do not substantially change the tower or base station are permitted by right in all zoning districts.
D. 
Bulk and Area Requirements. Charts A and B, establishing lot, yard, height and other requirements pursuant to § 370-305, are amended to reflect the following requirements in the applicable zoning districts to which each chart pertains:
CHART A: TOWER BASED WCF's
WCF out of ROW
WCF in ROW
Height
Tower-Based WCFs shall be designed to minimum functional height but not to exceed 100 feet. Applicants must submit documentation justifying the total height.
Equipment buildings, cabinets and accessory structures shall not exceed 15 feet in height.
Tower-Based WCFs shall be designed to minimum functional height, not to exceed 55 feet in non-residential districts. Applicants must submit documentation justifying the total height.
Lot size
Only use on lot:
Subject to underlying zoning district.
Not Applicable
Combined with another use on lot:
Subject to underlying zoning district. Area needed to accommodate the WCF and guy wires (if approved), equipment building or cabinets, security fence, and buffer planting must not extend outside the lot.
Not Applicable
Setbacks
Towers:
Setback from property lines at least 100% of the combined height of the wireless support structure and antenna, or the applicable minimum building setback in the underlying zoning district, whichever is greater.
Not Applicable
Equipment buildings/cabinets:
Subject to applicable minimum building setback in the underlying zoning district.
Not Applicable
Location
Towers, equipment buildings/cabinets
Shall not be located between front facade of the principal structure and the street the lot fronts on, except for equipment cabinets located underground.
Not Applicable
CHART B: NON-TOWER BASED
WCF out of ROW
WCF in ROW
Height
On building or similar structure:
WCF shall not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the WCF applicant obtains a variance.
Not Applicable
On electrical transmission towers, street lights, utility poles, traffic signals, signs and similar structures:
WCF shall not exceed a height of 5 feet above the electrical transmission tower, street light, utility pole, traffic signal, sign and similar structure, unless the WCF applicant obtains a variance.
WCF located above the surface grade shall consist of equipment components designed at the minimum functional height.
Setbacks
Mounted antenna:
Not Applicable.
Not Applicable
Equipment buildings/cabinets:
WCF Equipment buildings/cabinets shall comply with the applicable minimum building setback requirements in the underlying zoning district.
Not Applicable
Lot size
Subject to applicable minimum lot size in the underlying zoning district.
Not Applicable
E. 
Design, Construction and Operations.
(1) 
All WCFs shall be sited, designed, constructed, operated, inspected maintained, repaired, modified, removed and replaced in strict compliance with all current applicable federal and state technical and safety codes.
(2) 
Subdivision plan approval shall not be required when a WCF is located on a leased parcel that is less than the entire lot or property.
(3) 
All WCFs shall be operated in accordance with all applicable FCC rules regarding interference with public safety communications or the reception of broadband, television, radio or other communications services.
(4) 
Collocation. All Tower-Based WCFs where the Tower is more than 40 feet in height, located outside of the Right-of-Way, shall be designed to accommodate both the applicant's Antennas and comparable Antennas for future users. As a condition of approval for all Tower- Based WCFs where the Tower is more than 40' in height, the applicant shall agree to allow other service providers to collocate Antennas on the Tower where technically and economically feasible.
(5) 
Signage. All WCFs shall include a posted sign at the location. Such signage shall include the ownership, contact name and phone number in the event of an emergency and Federal Communications Commission (FCC) registration number (if applicable). Such signage shall not include commercial advertising, shall not protrude from the tower or WCF, and is subject to approval by the Borough. For tower-based WCFs outside of the right-of-way, the sign shall not exceed two square feet in area. For all other WCF's, the sign shall be limited to the maximum necessary size to provide the required information in a readable manner.
(6) 
Lighting. Towers shall not be artificially lighted beyond what is required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect to surrounding properties as is permissible while still meeting state or federal requirements.
(7) 
Noise. All WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards established by the Borough. The use of a backup generator is prohibited except that in emergency situations and for periodic maintenance and testing by the wireless communications provider's technicians, such use shall be permitted, where such noise standards may be exceeded on a temporary basis.
(8) 
Vehicular access.
(a) 
An access driveway and one off-street parking space shall be provided to ensure adequate emergency and service access to all Tower-Based WCFs located outside of the Right-of-Way.
(b) 
Maximum use of existing roads, whether public or private, shall be made to the extent practicable.
(c) 
Where possible, access driveway construction shall at all times minimize ground disturbance and the cutting of vegetation.
(d) 
Access driveway grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion.
(e) 
An applicant shall present documentation to the Borough that the property owner has granted an access easement for the proposed WCF, if located on a lot or property.
(f) 
Any required access easement shall be a minimum of 20 feet in width and the access driveway shall be improved with a dust-free, all weather surface, including gravel, to a width of at least 10 feet throughout its entire length.
(g) 
Vehicular access to all WCFs shall not interfere with the parking or vehicular circulations for a principal use, if located on the lot or property. However, where appropriate and available, existing parking for the principal or other uses on the lot or property may be utilized.
(9) 
Fencing. A security fence, which may include barbed wire, with a minimum height of eight feet may be required to surround any Tower-Based WCF located outside the Right-of-Way, where the Tower is more than 40 feet in height, including guy wires, associated equipment, and buildings. All or any of the requirements herein for a security fence may be waived by the deciding body when the fence would not be appropriate or feasible.
(10) 
Safety in rights-of-way.
(a) 
Schedule of operations. The Borough shall determine the time, place and manner of siting, design, construction, maintenance, repair, Modification, removal and/or Replacement of all WCFs located in the Right-of-Way, based on public safety, traffic management, physical burden on the Right-of-Way and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.
(b) 
Alteration of a WCF. Within 60 days following written notice from the Borough, or such longer period as the municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF located in the Right-of-Way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under any one of the following circumstances:
[1] 
The construction, repair, maintenance or installation of any municipal or other public improvement located in the Right-of-Way.
[2] 
The operations of the Borough or other governmental entity in the Right-of-Way.
[3] 
Vacation of a street or road or the release of a utility easement.
[4] 
An emergency as determined by the Borough.
[5] 
No permit is required for such removal, relocation, change or alteration ordered by the Borough.
(c) 
Visual obstruction. All WCFs and Accessory Equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the Right-of-Way as determined by the Borough. In no case shall ground-mounted equipment, walls, screening or landscaping be located within 18 inches of the face of the curb, or in an area in which there are no curbs, within three feet of the edge of cartway.
(11) 
Maintenance. An applicant for a WCF shall describe anticipated maintenance needs, including frequency of service, personnel needs and equipment needs, and the traffic, safety and noise impacts of such maintenance.
(12) 
Soil report. An applicant for a Tower-Based WCF where the new Tower is more than 40 feet in height, shall submit a soil report complying with the standards of geotechnical investigations, ANSI/EIA-222-G, as amended, shall be submitted to the Borough Engineer prior to construction to document and verify the design specifications of the foundation for the Wireless Support Structure and anchors for the guy wires, if used.
(13) 
Aviation safety. All WCFs shall comply with federal and state laws and regulations concerning aviation safety.
(14) 
Inspections for all WCFs where the new Tower is more than 40 feet in height. A copy of any required inspection report shall be provided to the Borough following the inspection. Any repairs advised by report shall be completed by the WCF owner within 60 calendar days after the report is filed with the Borough.
(15) 
Equipment storage. The storage of unused equipment or supplies is prohibited on any WCF site.
(16) 
Historic sites. No WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or has been given a historic designation by the Borough. This prohibition may be waived by the deciding body for special exception and by Borough Council for other applications, if the applicant can demonstrate that the proposed location is less visually obtrusive than other potential sites.
F. 
Aesthetics, landscaping, and screening.
(1) 
Stealth technology. All WCFs shall employ the most current Stealth Technology available, where appropriate, in an effort to appropriately blend the proposed WCF into the surrounding environment and minimize aesthetic impact. Equipment buildings and cabinets shall be designed to blend into the environment in which they are situated, to the extent practicable. In the case of a tower-based WCF, compliance with this section may be evidenced by the following:
(a) 
The tower shall have a galvanized finish or be painted silver above the top of surrounding trees and green below treetop level.
(b) 
The tower shall comply with Federal Aviation Administration and Pennsylvania Bureau of Aviation lighting standards and shall not be artificially lighted unless required by those agencies.
(2) 
Landscaping and screening. An applicant for Tower-Based WCF where the new Tower is more than 40 feet in height shall submit a landscaping and screening design including the following:
(a) 
The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF support structure shall be preserved to the maximum extent possible.
(b) 
Ground mounted equipment must be screened from public view using an evergreen screen, artificial screen, or fencing, as directed by Borough. Where the site abuts a residential zoning district, public property or street, a buffer area shall be provided along the perimeter abutting the residential district to include at minimum two staggered rows of evergreen trees a minimum of six feet in height, which trees shall be replaced with trees of at least six feet in height when dead or damaged.
G. 
Replacement, collocation, or modification.
(1) 
Notwithstanding the requirements for all Tower-Based WCFs and WCFs on Existing Structures, as set forth in this subsection, an application for Replacement, Collocation or Modification of a previously approved Wireless Support Structure or WCF shall be reviewed for conformance with the Borough building permit requirements, including requirements applicable to the added structural loading of the proposed Antennas and Accessory Equipment. These previously approved facilities shall not be subject to the issuance of new zoning or land use approvals, provided that there is no Substantial Change.
(2) 
Replacement of WCFs on existing Wireless Support Structures or within existing Equipment Compounds may be performed by the applicant without obtaining building or zoning permits from the Borough.
(3) 
Any Substantial Change to an existing Tower-Based WCF shall require approval of the Borough in accordance with the terms of this section.
(4) 
Mounting. An applicant proposing a WCF on Existing Structure to be mounted on a building or any other structure shall submit detailed construction and elevation drawings indicating how the WCF on Existing Structure will be mounted on the existing structure for review by the Borough building code official for compliance with the building code.
H. 
Permit requirements.
(1) 
Collocation analysis. An application for a new Tower-Based WCF where the new Tower is more than 40 feet in height and located outside of the Right-of-Way, shall not be approved unless the applicant demonstrates that the Wireless communications equipment planned for the proposed Tower-Based WCF cannot be collocated on an existing structure or building within a [1/4 or 1/2] mile radius of the proposed Tower-Based WCF location to achieve the coverage or capacity objectives of the applicant.
(2) 
Gap in coverage or lack of adequate capacity. An applicant for a Tower-Based WCF where the new Tower that is more than 40 feet in height, located outside of the Right-of-Way, must demonstrate that a significant gap in Wireless coverage exists or lack of adequate capacity is likely to exist within one year of the filing of its application with respect to the applicant in the area.
(3) 
Authorization. An applicant for a WCF shall submit a copy of the lease or other form of written authorization with the property owner confirming that the applicant has standing to file the application and maintain the proposed WCF on the subject lot or property.
(4) 
Licensing and applicable regulations. If the applicant is a commercial wireless communications provider, it must demonstrate that it is licensed by the Federal Communications Commission (FCC) and submit with its application copies of all FCC permits and licenses.
(5) 
Emissions. The applicant shall demonstrate that the proposed WCF will comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic emissions.
(6) 
Insurance. The applicant shall provide a certificate of insurance issued to the owner/operators of the WCF, evidencing that there is or will be adequate current liability insurance in effect.
(7) 
Review timeframes.
WCF Review Timeframes
Borough shall notify the applicant in writing of any information that may be required to complete application.
Borough shall approve or deny the application unless a shorter time period is applicable under the PA MPC.
A
New Tower-Based WCFs
Within 30 calendar days of the date the application was filed with the Borough
Within 150 days* of submission of a complete application for a WCF
B
WCF on Existing Structures
Within 30 calendar days of the date the application was filed with the Borough
Within 90 days* of submission of a complete application for a WCF
C
Eligible Facilities Requests** (as defined)
Within 30 calendar days of the date the application was filed with the Borough
Within 60 days* of submission of a complete application for a WCF
* The time period may be tolled by mutual agreement or in cases where the Borough informs the applicant in a timely manner that the application is incomplete.
If an application is considered incomplete, the time period begins running again as soon as the applicant makes a supplemental submission, but may be tolled again if the Borough provides written notice to the applicant within 10 days that the application remains incomplete and specifically delineates which of the deficiencies specified in the original notice of incompleteness have not been addressed.
** The Borough shall only require the applicant to provide documentation that is reasonably related to determining whether the request is for an Eligible Facility.
(8) 
Application fees.
(a) 
Non-special exception applications. The Borough may assess appropriate and reasonable permit application fees directly related to the actual costs in reviewing and processing the application for approval of a WCF. The amount of this fee may not be in excess of the actual reasonable cost to review and process the application.
(b) 
The Borough may assess to the applicant, in addition to application fees, appropriate and reasonable review fees directly related to the costs incurred by the Borough, including but not limited to professional/consultant fees to review the WCF application.
(c) 
For special exception applications, the Borough's regular special exception application fees shall apply.
I. 
Discontinuation, abandonment and removal.
(1) 
Discontinuation. In the event that use of a Tower-Based WCF is planned to be discontinued, the owner/operator shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a) 
All unused or abandoned WCFs and accessory facilities shall be removed within (6 to 12) months of the cessation of operations at the Site unless a time extension is approved by the Borough.
(b) 
If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a Site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the Borough's costs in connection with removal, including professional or consultant fees, and the cost of removal work and site remediation, may be assessed against the owner of the WCF or the property upon which the WCF was located.
(c) 
Any unused portions of WCFs, including Antennas, shall be removed within six months of the time of cessation of operations.
J. 
Reimbursement for right-of-way use. In addition to permit application fees, every Tower-Based WCF in the right-of-way is subject to the Borough's right to impose annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such annual fee shall be directly related to the Borough's costs of owning, maintaining, managing the right-of-way and to the loss of use to the Borough of that portion of the right-of-way consumed by the WCF.
K. 
Special exception criteria and procedures. The Applications for special exception approval for Tower-Based WCF shall, in addition to meeting other applicable requirements of this article, meet the following criteria:
(1) 
Applicant shall provide to the Borough, prior to issuance of a zoning permit for construction, financial security to guarantee the removal of any Tower-Based WCF. Such financial security shall be in an amount determined by the Borough Engineer based upon industry standards for removal and shall be acceptable in form and content to the Borough Engineer.
(2) 
No Tower-Based WCF shall be located or within 100 feet of an area in which all utilities are located underground.
(3) 
Applicant shall provide a propagation study evidencing the need for the proposed tower and WCF, description of the type and manufacturer of the proposed transmission and receiving equipment, the frequency range assigned to the WCF applicant, the power in watts at which the WCF transmits and any relevant tests conducted by the applicant to determine the need for the proposed site tower and WCF.
(4) 
The applicant shall supply documentation demonstrating that the proposed WCF complies with all state and federal requirements regarding aviation safety.
(5) 
Where the WCF is located on a property with another principal use, the applicant shall present documentation that the property owner has granted an appropriate lease or easement for the WCF and for access to the WCF.
(6) 
The special exception general procedures and criteria at § 370-501 shall apply and be satisfied by the applicant. In addition, the applicant shall, at its expense, mail written notice of the scheduled public hearing to all owners of record of property within 500 feet of the proposed WCF. Such notice shall be mailed at least 14 days prior to the scheduled public hearing and the applicant shall provide a copy of such notice and proof of such mailing to the Borough at or before the time of the hearing.

§ 370-445 Short term rental.

Operators of short-term rentals shall conform to the following standards:
A. 
A separate short-term rental license is required for each dwelling unit for a two-family, or multi-family dwelling; a separate license shall be required for each dwelling unit being rented as a short-term rental. Short-Term Rental licenses shall be renewed on an annual basis and with any change in ownership of the dwelling. A zoning permit is required for each parcel where a short-term rental is proposed.
B. 
The maximum number of short-term rental units that can be separately rented in a multi-family dwelling with more than three units shall be 40%.
C. 
The short-term rental shall not provide meals or retail sales/rental of merchandise, equipment, or services for compensation (either directly or indirectly) in Residential Zoning Districts.
D. 
The length of stay per transient occupant shall be limited to a maximum of 30 days.
E. 
Short-term rentals in any property within a Residential Zoned Property located outside of the Short-Term Rental Overlay (STRO) shall be owner occupied. Short-term rentals in any property within a Residential Zoned Property located inside of the Short-Term Rental Overlay (STRO) are not required to be owner occupied. Further, if while the property is operating as a short-term rental, and the owner is not within 30 miles of the property, the applicant shall designate a local contact person who shall have access and authority to assume management of the short-term rental unit and take remedial measures. An owner who resides within the Borough or within 30 miles of the short-term rental unit may designate himself/herself as the local contact person.
The local contact person shall respond to the Borough or to a police officer after being notified by such official of the existence of a violation of this chapter or any disturbance requiring immediate remedy or abatement. If the local contact person is not the owner, the local contact person shall immediately advise the owner of any notification of a violation. There shall be a local contact person available at all times the short-term rental unit is operated. The owner may change the local contact person only after written notice to the Zoning Officer.
F. 
Short-term rentals shall not exceed the number of transient occupants of two persons per dedicated bedroom plus two additional persons excluding children under the age of three.
G. 
On-site parking required. Each short-term rental that is all or part of a single-family dwelling unit, up to four bedrooms shall provide at least one vehicle parking space in the garage, driveway, or other on-site parking area for each bedroom plus at least two additional vehicle parking spaces (to account for additional short-term tenants who may drive separately). Short term rental units with more than four bedrooms shall provide at least three additional on-site vehicle parking spaces.
Each short-term rental that is all or part of a unit within a multifamily building shall comply with these requirements. The parking required by this section shall be available for use by the short-term tenants while the short-term rental is occupied by such tenants. All parking must comply with § 370-511, "Parking and loading requirements."
H. 
Occupants must adhere to all the Borough's nuisance ordinances and shall not engage in disorderly conduct or disturb the peace and quiet of any nearby neighborhood or person by loud, unusual, or excessive noise, offensive conduct, public indecency, threatening or fighting or creating a physically offensive condition. The renters shall sign a binding document that requires they acknowledge and agree to adhere to those minimum standards. A copy of the signed agreement shall be made available to the Borough's Zoning Officer when requested.
I. 
The commencement of short-term rental activity of a dwelling unit (or units) shall be considered a "Change of Use" of the property and shall not occur without the property owner first applying for, and receiving, a zoning permit from the Borough for such change in use, followed by or in conjunction with an application for and approval of a short-term rental license.
J. 
Upon receipt of zoning approval for a short-term rental, the applicant shall submit, as part of a short-term rental license application, the following:
(1) 
A complete written application as provided by the Borough.
(2) 
Copy of the current recorded Deed for the Property establishing ownership.
(3) 
Copies of current York County Hotel Room Excise Tax Certificate and current Pennsylvania Sales and Use Tax License.
(4) 
Signatures of both the owner and the local managing agent or local contact person, if applicable.
(5) 
An initial inspection will be conducted by the Borough at the time of short-term rental application, upon receipt of a verified complaint relating short-term rental compliance (including life safety), and on an annual basis as part of license renewal.
(6) 
If the building is a multi-unit structure, the total number of dwelling units in the structure, the number of dwelling units being used as short-term rental and the designation of which units are short-term rentals.
(7) 
Short-term rental license applications shall be accompanied by administrative and inspection fees to defray the costs of processing and managing the application. The fee shall be as set by Resolution of Borough Council as part of the Borough's overall schedule of fees.
K. 
There shall be no occupancy of recreational vehicles, camper trailers, and in tents at the short-term rental. There is to be no overnight sleeping of occupants or guests of the short-term rental outside of the dwelling unit.
L. 
The applicant shall prepare and present to the Borough (with the Change of Use or License process) a copy of a notice or notices which shall be prominently and continuously posted at the short-term rental unit which shall contain all of the following information:
(1) 
The owner's name or management agency, agent property manager or local contact and a telephone number reachable on a 24-hour basis;
(2) 
911 address for the property;
(3) 
Maximum number of occupants permitted to stay in the short-term rental dwelling and maximum number of days at any one time;
(4) 
Maximum number of all vehicles allowed to be parked on the property or in front of the dwelling unit within the property boundaries;
(5) 
Notification of trash pickup day and the location to place trash for pickup. Refuse is not to be left or stored on the exterior of the property unless in water-tight metal or plastic can;
(6) 
Floor plans for the short-term rental, showing emergency exits and path to exit from sleeping quarters.
M. 
Short-Term Rental shall be permitted in those Zoning Districts as noted on the appropriate Use Table(s).

§ 370-446 Conversion of existing single-family dwelling into two or more dwellings.

A. 
A Single-Family Dwelling, attached or detached, in existence at the time of adoption or this Zoning Ordinance, may be converted to a duplex or multi-family use, provided the following conditions are met:
(1) 
The proposed conversion shall require a Special Exception review by the Zoning Hearing Board.
(2) 
The existing Single Family Dwelling to be converted shall have included at least 3,000 SF of gross floor area at the time of adoption of this Zoning Ordinance.
(3) 
The proposed duplex or multi-family use must be permitted within the zoning district.
(4) 
The proposed duplex or multi-family use shall meet applicable district area and bulk requirements, except that conversions shall be limited to a density of 12 dwelling units per acre, and shall result in no more than three dwelling units.
Required parking for the proposed duplex or multi-family use shall be provided on-site and meet any other parking or loading standards.