Hazleton, PA Zoning Ordinance

All structures associated with the agricultural operation shall be set back a minimum of 150 feet from all lot lines.

Any manure storage facility shall be located in accordance with the yard and setback requirements established by Act 38 of 2005, known as ACRE,[1] and the Commonwealth of Pennsylvania Nutrient Management Act, as amended.[2] All applications for manure storage facilities shall include evidence indicating compliance with Act 38 of 2005, known as ACRE, and Commonwealth of Pennsylvania Nutrient Management Act.

Editor's Note: See 3 Pa.C.S.A. § 501 et seq.

Editor's Note: See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.

All agricultural operations shall be designed and maintained so that water and fertilizer will not drain onto adjacent lots.

All agricultural operations shall comply with applicable standards of the most recent version of the Pennsylvania Manure Management Manual, as amended.

Agribusinesses. The following supplemental regulations shall be applicable for the proposed use of an agricultural property for an agribusiness:

Minimum lot size and width.

Lot size: 10 acres.

Lot width: 400 feet.

Setback distances. Activities (including parking areas) or structures shall comply with the following minimum setback distances:

Front yard is 50 feet.

Side yard is 100 feet.

Rear yard is 100 feet.

Ancillary features of a property may include:

The use of a portion of the property for the temporary placement of campers, horse trailers and recreational vehicles as related to planned events upon the property.

The sale of both prepared food products and fresh farm produce and accessory products that support the specific agribusiness such as leather tack products, saddles, boots and western wear.

Maximum lot coverage.

Maximum building coverage is 20%.

Maximum impervious surface is 30%.

Off-street parking. The applicant must provide for sufficient off-street parking spaces and off-street loading spaces for all uses and activities proposed to be operated as part of the agribusiness. If at any time after opening the facility, the City determines that parking, loading or traffic backups are occurring on adjoining roads, and such are directly related to the lack of sufficient on-site facilities on the property, the City may require the applicant to revise and provide additional on-site parking and/or loading spaces to meet the off-street parking or off-street loading needs within 90 days of notification. This shall be a condition of any permit or approval and the City shall have discretion to require additional parking and loading during the operation of the agribusiness, if the need arises.

Forestry or timber harvesting.

This subsection applies to all timber harvesting and land clearing within the City where the value of the trees, logs and/or other forest products removed exceeds $1,000. It does not cover the cutting of trees for the personal use of the landowner, or for precommercial timber stand improvement.

It shall be unlawful for any operator or landowner to conduct timber harvesting, except as provided in an approved logging plan which is available at the harvest site at all time during the operation.

At least 30 business days before the operation is scheduled to begin, a landowner on whose land timber harvesting is to occur shall prepare and submit to the Zoning Officer a written plan, which includes the following:

Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails, and log landings;

Design, construction and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars;

Design, construction and maintenance of stream and wetland crossings;

A stand prescription for each stand located in the proposed harvest area;

The general location of the proposed operation in relationship to streets and highways; and

A site map based upon a survey showing the site and its location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property; significant topographic features related to potential environmental problems; location of all earth disturbance activities such as roads, landings, and water control measures and structures; location of all crossings of waters of the commonwealth; and the location of the proposed operation to streets and highways, including any access to those highways. The plan shall address and comply with the requirements of all applicable state land local laws and regulations, including but not limited to erosion and sedimentation control; stream crossing and wetland protection; and stormwater management. Any permits required by state and local agencies shall be attached to and become a part of the logging plan.

The following timber harvesting practices shall be observed:

Felling or skidding on or across any public thoroughfares is prohibited without the express written consent of the City, county or Pennsylvania Department of Transportation, whichever is responsible for the maintenance of the thoroughfare.

No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining property.

All tops and slash between 25 feet and 50 feet from a public roadway or private roadway providing access to any adjoining property or within 25 feet of any adjoining property line shall be lopped to a maximum height of four feet above the ground level.

No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner.

Litter resulting from a timber harvesting operation shall be removed from the site before the operator vacates it.

A buffer strip of at least 50 feet must be maintained along any road, stream, or recognized recreational trail.

Timber operations and related activities shall be conducted only between the hours of 7:00 a.m. and 7:00 p.m.

Soil carried or washed onto public streets during the operation shall be removed daily.

The landowner and the operator shall be responsible for repairing any damage to the streets caused by traffic associated with the timber harvesting operation to the extent of the damage that is in excess of that caused by normal traffic. Pursuant to 67 Pennsylvania Code, Chapter 189, the City may require the landowner or operator to furnish a bond to guarantee the repair of damages to any street.

Growing and processing of hemp.

A field or planting site for hemp may not be located within 1,000 feet of a school or public recreational area; 200 feet of a structure used as a residential dwelling; three miles of a medical marijuana grower or processor facility; and must be physically separated from other crops.

Any growing of hemp located within 1,000 feet of a residential zoning district (R-1, R-2 and R-3) or residential use shall be conducted inside a building.

Growing and processing of hemp shall comply with the requirements of the general permit issued or approved by the Pennsylvania Department of Agriculture.

Industrial hemp production shall not occur on the same property where the growing and processing of hemp occurs.

Medical marijuana grower and processor.

A grower and processor of medical marijuana shall meet the same requirements as other manufacturing, processing and production uses located in the same zoning district, including minimum lot size (area and width), minimum yard dimensions (front, each side and rear), and maximum building coverage and height so as to comply with Section 2107(1) of the Pennsylvania Medical Marijuana Act, Act 16 of 2016.[3]

Editor's Note: See 35 P.S. § 10231.2107(1).

Medical marijuana may only be grown and processed in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH.

Solid or liquid waste by-product or remnants generated from the operation shall be stored in the enclosed secured principal building until picked up for transportation to a facility authorized to accept such waste.

Storage of medical marijuana waste remnants in an accessory building or waste refuse container located outside of the principal building is prohibited.

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.

A grower and processor facility may not be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center ("protected use") unless a waiver is granted by the DOH. This distance shall be measured in a straight line from the closest exterior wall of the building in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located. A grower and processor facility lawfully operating under the Medical Marijuana Act, Act 16 of 2016,[4] shall not be considered in violation of this provision as a result of a later location of a protected use.

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

All outdoor lighting shall be directed away from public rights-of-way and adjoining properties so that the lighting does not present a hazard to drivers or pedestrians by impairing their ability to safely traverse (disabling glare), and so as not to create a nuisance by projecting or reflecting objectionable light onto neighboring uses or properties (nuisance glare). An outdoor lighting plan shall be required as part of the application for conditional use.

The required number of off-street parking spaces shall be one space for every 2,000 square feet of gross floor area, plus one space for every two employees on the maximum working shift.

The required number of loading spaces shall be one space for every 7,500 square feet of gross floor area. Loading areas shall be located within the principal building.

A screened buffer is required where a grower and processor facility adjoins a residential zoning district (R-1, R-2 and R-3) or a residential use of a property. The screened buffer shall consist of a visually solid, tight fence not less than six feet in height and a natural wooded buffer or planting strip along the nonresidential use or zone that is at least six feet in height and five feet in width when planted so as to shield the residential use or zone from the proposed grower and processor facility. A landscape plan shall be required as part of the application for conditional use.

There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from a grower and processor facility.

A grower and processor of medical marijuana must be legally registered with the Commonwealth of Pennsylvania and possess a current and valid permit from DOH.

Sawmill or lumber yard.

The processing of cut trees from a property other than the property where the trees are being cut shall be conducted within a completely enclosed building that shall not exceed 5,000 square feet in total floor area.

The building must be located not less than 150 feet from a lot line.

Timber storage areas shall be completely screened and enclosed by a chain-link fence and properly locked gate not less than six feet in height, which fence and gate must consist of screening material that has openings or gaps no greater than four inches in any dimension.

Water withdrawal.

The applicant shall provide the documentation submitted to the Pennsylvania Department of Environmental Protection (DEP) for a permit to withdraw or allocate water along with the River Basin Commission. All permits shall be filed with the City.

Loading and unloading areas shall be set back a minimum of 150 feet from any adjacent residential use or zone.

Minimum lot area: 10 acres.

Any bottling plant shall be considered a separate industrial use and shall only be permitted as a heavy industrial use.

§ 575-603 Animal-related uses.

Animal hospital.

An animal clinic or hospital shall maintain all activities within a completely enclosed soundproof building, and no objectionable odors shall be vented outside the building.

All buildings shall be located not less than 35 feet from any property line unless the setback is greater for the zoning district in which the building is to be located, in which case, the greater setback distance shall apply.

Animal kennel.

Animals must be kept within an enclosed building, except for runways that must be fenced.

All buildings, runways, fenced enclosures, and similar structures shall be located not less than 150 feet from all lot lines. Where the property abuts a zoning district having residences as a principal permitted use, all buildings, runways, fenced enclosures, and similar structures shall be located not less than 200 feet from such lot lines.

Keeping of bees.

Beekeeping facilities shall be set back a minimum of 40 feet from any lot line and must be fenced within 100 feet of a lot line.

Signs shall be erected to warn the public of the presence of bees.

The facility must be operated in such a manner as to prevent bees from entering streets, sidewalks or other properties.

Beekeeping facilities are only permitted in the GI Zone with a zoning permit.

Keeping of chickens.

No more than six chickens are permitted on a property.

No roosters are permitted on a property.

All chickens must be housed in a predator-resistant structure with access to outdoor spaces secured to prevent them from leaving the property.

All structures and runs shall be set back at least 20 feet from an adjoining property and public street.

Slaughtering of chickens is prohibited.

Keeping of chickens are only permitted in the GI Zone with a zoning permit.

Keeping of agricultural animals and livestock. No agricultural animals, farm animal, or other livestock shall be permitted on any property except as part of a permitted agricultural operation.

Keeping of domestic pets.

The keeping of domestic pets is permitted by right in all zoning districts without a zoning permit.

Pets shall not be kept in such a manner as to create a serious nuisance (including odor or noise), a health or public safety hazard.

The owner of the pet shall be responsible for collecting and properly disposing of all fecal matter on a regular weekly basis.

No dangerous pet shall be kept outdoors except within a secure enclosure.

No more than a total of five dogs and cats (or any combination of dogs and cats) shall be permitted on a lot or within a dwelling except for an approved animal kennel.

No more than four small birds, gerbils, rabbits or other small animals commonly sold in retail pet stores (or any combination of animals) shall be permitted.

Animal day care.

Hours of operation may only occur between the days of Monday through Saturday and between the hours of 7:00 a.m. and 7:00 p.m.; otherwise, the use must also comply with the supplemental regulations for an animal kennel under Subsection B above.

Recreation must be provided by the operator for the domestic pets.

A maximum of 15 domestic pets shall be permitted per property.

§ 575-604 Commercial uses.

Adult uses.

No adult use shall be located less than 1,000 feet from a residential use, place of worship, public or quasi-public use, school, or child-care center. No adult use may be located within 500 feet from another adult use.

A buffer yard of at least 50 feet shall be provided and the lot (except for access drives) shall be screened with both a planting strip and fence under the specifications under Article X of this chapter.

No pornographic material, display or words shall be placed in view of persons who are not inside the establishment.

Airport or heliport.

A minimum lot size of five acres shall be required for a heliport, and 10 acres for an airport.

The entire perimeter of the runway or landing/takeoff area shall be enclosed by a fence not less than eight feet in height. The surface area of the runway or landing/takeoff area shall be paved. The runway or landing/takeoff area shall be located not less than 300 feet from all lot lines. Where the property abuts either a zoning district having residences as a principally permitted use or a property being used for residential purposes, the runway or landing/takeoff area shall be located not less than 500 feet from such zoning district or property line.

Bulk fuel storage shall not be permitted for a heliport but may be permitted for an airport as a second principal use under this chapter.

An aviation permit issued by the Pennsylvania Department of Transportation shall first be obtained before making an application for a zoning permit.

Automobile-related uses.

Repair garage.

All repairs and painting shall be conducted within an enclosed building. Spray booths shall have ventilation systems that direct fumes away from adjacent properties and buildings.

No outdoor storage of materials shall be permitted. Temporary outdoor parking of customer vehicles is permitted.

Service bay doors shall be closed when repairs are being performed. Service bay doors on new buildings shall front on a public street.

Automobile, boat, equipment, manufactures home and recreational vehicle sales. Where sales and rentals of automobiles, boats, equipment, manufactured homes and recreational vehicles are permitted, outdoor displays shall be at least five feet from all lot lines and no part of the display area shall be permitted in an existing or future street right-of-way or in a required parking or loading space.

Car wash.

All structures housing self-service devices such as vacuum, air or fuel may be located in any yard, provided that they are not less than 25 feet from the existing street right-of-way and side yard lot lines.

Water from the car wash shall not flow onto sidewalks or streets in such a manner as to negatively impact pedestrian and vehicular travel.

Minimum lot size: five acres, which may be reduced to one acre if the applicant proves that the water will be recycled on-site.

Access drives and parking aisles shall be designed so as not to cause traffic hazards on streets. On-lot traffic circulation channels and parking areas shall be clearly marked.

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

Commercial/residential related uses.

Assisted-living residence and personal care home shall dedicate a minimum of 20% of the lot to outdoor recreational activities limited to one or more of the following: garden areas, sitting areas, picnic areas and pedestrian walkways. Proof of licensing by Pennsylvania Department of Human Services must be provided prior to the issuance of a zoning permit.

Bed-and-breakfast.

A bed-and-breakfast shall be conducted within a dwelling unit.

There shall not be separate cooking facilities in any guest room, and food shall only be prepared or served to overnight guests unless a restaurant is also a permitted use within the zoning district in which the property is located.

Guests shall not be permitted to stay for more than four weeks in any given year.

No display or advertising shall be permitted except for a permitted identification sign.

Boarding or rooming houses.

A boarding or rooming house shall serve no more than 12 persons.

Each bedroom shall be limited to no more than two adults.

Rooms shall be rented for a minimum of one week.

The owner shall also reside in the boarding or rooming house.

A buffer yard with screening under Article X shall be provided where the building adjoins a residential dwelling unit.

Child-care center or family-care homes.

An outdoor play area, which is equal to at least 20% of the total gross floor area for the child care, shall be required.

The outdoor play area shall be set back a minimum of 25 feet when adjoining a dwelling unit.

The outdoor play areas shall be completely enclosed with a fence at least six feet in height. A locked gate shall be provided when the play area is accessible to a public access area.

Outdoor play activities shall be limited to the hours of 9:00 a.m. and 5:00 p.m. local time.

The use shall not be conducted in dwelling that is physically attached to another dwelling that does not have a common owner.

The exterior appearance shall be maintained so that it is compatible with existing dwellings in the neighborhood.

Group home.

The maximum occupancy shall not exceed six unrelated persons, excluding paid professional staff members, who shall live on the premises and function as a common household unit. If there are a maximum number of occupants, then twenty-four-hour on-site staffing shall be provided.

The exterior appearance of the group home shall be residential in nature.

A group home shall not include any use meeting the definition of a treatment center.

The applicant shall provide evidence of state licensing or certification.

Hotel and motel.

The use shall have a minimum lot area of two acres.

The building shall contain at least 10 guest sleeping rooms not less than 250 square feet per sleeping room.

No less than 60% of the gross floor area of the building shall be devoted to sleeping rooms.

The remaining floor area may be used for such uses as a restaurant, retail store, game room, ballroom and banquet room, provided that these uses are primarily designed to serve the guests of the motel or hotel.

All buildings and structures shall be located not less than 60 feet from a front yard line, 35 feet from all side yard lines, and 50 feet from the rear yard line.

All areas not used for access, parking circulation, buildings and services shall be completely and permanently landscaped and the entire site maintained in good condition.

Drive-in or -through facilities.

Parking lots shall be designed to provide the minimum queue lengths outlined below without blocking access points, dumpster enclosures, crosswalks, or parking spaces for uses having drive-in or drive-through facilities:

One hundred feet queue length for:

Carwash as an accessory use.

A use that has a call box for access.

Pharmacy pickup or dropoff window.

One hundred fifty feet queue length for standalone ATM.

Two hundred fifty feet queue length for:

Drive-through restaurant.

Bank or financial institution.

Three hundred feet queue length for:

Standalone car wash.

Drive-through oil change facility.

All queue lengths shall be measured from the center of the last window for the drive-through service. For car washes, the length shall be measured from the stop line prior to the car wash building. For ATMs and access boxes, the length shall be measured from the actual ATM or access box. The queue lengths can be divided among multiple drive-through lanes.

Drive-through lanes shall have a minimum width of 10 feet. In addition, a bypass lane with a minimum width of 12 feet shall be provided to allow motorists an opportunity to exit the drive-through lane and reenter the parking lot.

Medical uses.

Health care campus.

The maximum percent of lot coverage shall be 50% for all principal and accessory buildings excluding parking structures.

The maximum height for buildings shall be 40 feet.

The minimum lot size shall be five acres.

All buildings and parking structures shall be set back a minimum of 75 feet from all lot lines.

The minimum setbacks shall be applied only to the perimeter of the campus, and the minimum setback between individual buildings on a health care campus shall be 40 feet.

In no case shall a public right-of-way be used for parking, loading, unloading, or storage of commercial vehicles.

At least two access drives with a minimum width of 24 feet each shall be provided, each from a public street.

Drug and alcohol rehabilitation and treatment shall be permitted by special exception approval from the Zoning Hearing Board, provided that the center or facility providing such services is an accessory use to the health care campus consisting of less than 10% of the total uses on the campus.

Medical, therapy, or treatment facilities.

The facility must be supervised and secured in such a manner as to adequately protect the safety of the general public.

The application must state the conditions that will cause persons to occupy the facility and the manner in which the facility will be supervised and secured.

Medical marijuana delivery vehicle office.

Off-street parking regulations shall utilize those listed for an office.

The parking area where the delivery vehicles are to be stored shall be screened with a visually solid, tight fence. A fence plan shall be required as part of the application for conditional use.

Entrances and driveways must be designed to accommodate the anticipated vehicles used to enter and exit the premises.

Medical marijuana dispensary.

A medical marijuana dispensary shall meet the same municipal zoning and land use requirements as other commercial uses located in the same district in order to comply with Section 2107(2) of the Pennsylvania Medical Marijuana Act, Act 16 of 2016.[1]

Editor's Note: See 35 P.S. § 10231.2107(2).

The use shall be conducted in an indoor, enclosed, permanent, and secure building. The use shall have a single secure public entrance that is not shared with any other use or user and shall not be located inside the same physical space or area of another retail commercial property. The use shall not have a drive-through or outdoor seating. All storage areas shall be separately locked. The medical marijuana may not be administered or consumed on site. The user shall implement appropriate security and surveillance measures as required by the Pennsylvania Department of Health.

A medical marijuana dispensary may not operate on the same property as a grower and processor of medical marijuana.

A medical marijuana dispensary may only dispense medical marijuana to patients and caregivers.

The use may not be located within 1,000 feet of the property line of a public, private, or parochial school or public, private, or parochial school or day-care center ("protected use") unless a waiver is granted by the DOH. This distance shall be measured in a straight line from the closest exterior wall of the building in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located. A medical marijuana dispensary lawfully operating under the Medical Marijuana Act, Act 16 of 2016,[2] shall not be considered in violation of this provision as a result of a later location of a protected use.

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

Permitted hours of operation shall be between 8:00 a.m. to 9:00 p.m. daily.

All external lighting serving medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

The required number of off-street parking spaces shall be one space for every 300 square feet of gross floor area.

The required number of loading spaces shall be one space for every 10,000 square feet of gross floor area or fraction thereof.

(j)

The user shall obtain a permit and approval from the DOH and provide a copy to the City.

Treatment facility or treatment center, outpatient.

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

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

Nightclub.

[Amended 12-20-2022 by Ord. No. 2022-13]

The applicant shall prove that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light and litter and will be controlled as to not constitute a nuisance due to noise or loitering outside the building.

The use shall be not less than 200 feet from any residential use, place of worship, public use, school or child-care center.

A fence or buffer under Article X shall be provided along any lot line adjoining a lot that is being used for residential purposes, place of worship, public use, school or child-care center.

Retail sales or wholesale services.

Generally. Any use providing retail sales shall be conducted within a completely enclosed building, except for permitted sidewalk sales. No outdoor storage or display is permitted.

Flea markets.

All outdoor display and sale of merchandise shall commence no earlier than one hour before sunrise and cease no later than one hour prior to sunset.

The retail sales area shall be set back at least 25 feet from all lot lines.

The retail sales area shall be calculated as part of the maximum lot coverage regardless of its surface material.

Any exterior amplified public address system shall be arranged an designed so as to prevent objectionable impact on adjoining properties and the applicant shall demonstrate compliance with the noise and lighting requirements of this chapter.

Trash receptacles shall be provided in the retail sales areas, and must be routinely emptied so as to prevent the scattering of litter, garbage, and debris. All applications shall include a litter plan.

Self-storage facilities.

All storage shall be contained within a completely enclosed building.

The maximum length of any building shall not exceed 300 feet.

No activities including off-street parking shall be allowed within 30 feet of a property line abutting a district having residences as a principal permitted use.

§ 575-605 Energy-related accessory uses.

Accessory solar energy systems (ASES).

Compliance with industry standards. The ASES layout, design, installation, and ongoing maintenance shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), or other similar certifying organizations, and shall comply with the Pennsylvania Uniform Construction Code,[1] regulations adopted by the Pennsylvania Department of Labor and Industry, and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the permit application.

Editor's Note: See Ch. 180, Construction Codes.

Installers. ASES installers must demonstrate they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP-approved installer by meeting or exceeding one of the following requirements:

Is certified by the North American Board of Certified Energy Practitioners (NABCEP) for PV installation.

Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited PV training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems.

For residential applications, a registered home improvement contractor with the Attorney General's Office.

Maintain in good working order. Upon completion of installation, the ASES shall be maintained in good working order in accordance with manufacturer's standards of and any other codes under which the ASES was constructed. Failure of the owner to maintain the ASES in good working order is grounds for an enforcement action by the Zoning Officer.

Underground requirements. All on-site utility, transmission, and plumbing lines shall be placed underground.

Signage. The display of advertising is prohibited except for a nameplate and identification sign under Article IX of this chapter.

Glare.

All ASES shall be placed such that concentrated solar radiation or glare does not project onto nearby properties, structures, buildings, or roadways.

The applicant has the burden of proving that any glare produced does not have a significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

Solar easements. If a solar easement, intended to guarantee unobstructed solar access, is desired by the applicant, owner or landowner for an ASES, such matter shall be carried out as a private agreement among the parties of which the City shall not be a party. The City shall also not be responsible for ensuring the maintenance or enforcement of any solar easement.

Roof-mounted and wall-mounted accessory solar energy systems.

Location. A roof-mounted or wall-mounted ASES may be located on a principal or accessory building.

Setbacks.

Wall-mounted ASES shall comply with the setbacks for an accessory structure under Article IV of this chapter.[2]

Editor's Note: Former Subsection A(8)(b)[2], regarding roof-mounted ASES, which immediately followed this subsection, was repealed 12-20-2022 by Ord. No. 2022-13.

Height. ASES mounted on roofs or walls of any building shall be subject to the maximum height requirement specified for a principal building within the zoning district in which it is located.

Code compliance. For roof- and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Pennsylvania Uniform Construction Code[3] and that the roof or wall is capable of holding the load imposed on the structure. Applications for roof-mounted ASES shall be accompanied by engineer stamped plans that demonstrate the structural sufficiency of the roof to hold the weight of the ASES.

Editor's Note: See Ch. 180, Construction Codes.

In all districts, in the event the distance from the principal structure is less than the requisite side yard setback for the applicable district, the rooftop solar panels shall be not be installed on any portion of the roof less than six feet from the roof edge.

[Added 12-20-2022 by Ord. No. 2022-13]

Ground-mounted accessory solar energy systems.

Setbacks.

The minimum yard setbacks from side and rear property lines shall comply with the required setbacks for a principal structure setback of the zoning district in which it is located.

Ground-mounted ASES are prohibited in front yards, between the principal building and the public street, excluding front yard locations, which are located not less than 200 feet from the front property line.

Height. Freestanding ground-mounted ASES shall not exceed 20 feet in height above the ground elevation surrounding the systems.

Maximum impervious cover.

The surface area of the arrays of a ground-mounted ASES, regardless of the mounted angle of any solar panels, shall be considered impervious and calculated in the percentage of impervious cover. ASE shall not exceed the maximum impervious cover for the zoning district in which it is located.

If applicable, the applicant shall submit a stormwater management plan that demonstrates compliance with Chapter 424, Stormwater Management.

Screening. Ground-mounted ASES when located less than 150 feet from a property line shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screening shall be in accordance with Article X of this chapter.

Safety and warning signage. Appropriate safety and warning signage concerning voltage shall be affixed to ground-mounted electrical devices, equipment, and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.

Location restrictions. Ground-mounted ASES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system or in any other location on the property that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.

Accessory wind energy facilities (AWEF).

Compliance standards. The layout, design and installation of AWEF shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society of Testing and Materials (ASTM), or other pertinent certifying organizations and comply with the Pennsylvania Uniform Construction Code and all applicable building and electrical codes of the City. The manufacturer specifications shall be submitted as part of the permit application.

Noise.

The sound produced by an AWEF shall not exceed 45 dBA Lmax as measured at the property line at ground level.

Methods for measuring and reporting acoustic emissions from AWEF shall be equal to or exceed the minimum standards for precision described in ANSI/ASA S12.9 Part 3, Short-Term Measurements with an Observer Present; S 12.100, Methods to Define and Measure the Residual Sound in Protected Natural and Quiet Residential Areas; and Computer Modeling shall comply with ANSI.ASA S12.6 (ISO9613-2) Attenuation of Sound During Propagation Outdoors, Part 2, General Method of Calculation.

Accessory building storage. When an accessory building is necessary for storage cells or related mechanical equipment, the accessory building shall comply with accessory building requirements of the zoning district in which the accessory building is located.

Underground requirements. All on-site utility, transmission lines, and cables shall to the maximum extent possible be placed underground.

Utility notification. The owner of an AWEF shall provide the City written confirmation that the public utility to which the AWEF will be connected has been informed of the customer's intent to install a grid connected system and approved of such connection. Off-grid AWEF shall be exempt from this requirement.

Signage. The display of advertising is prohibited, except for the identification of the manufacturer of the system.

Lighting. AWEF shall not be lighted, except for any lighting required to comply with Federal Aviation Administration (FAA) or Pennsylvania Department of Transportation Bureau of Aviation (BOA) regulations.

Color. AWEF shall be painted a nonreflective, flat color such as white, off-grey or grey unless required to be colored differently by FAA or BOA regulations.

Braking system. All WEF shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

Shadow flicker. An AWEF shall not cause shadow flicker on any occupied building on a nonparticipating landowner's property.

Location. No part of any AWEF shall extend over parking areas, access drives, driveways or sidewalks.

Insurance. The owner of the AWEF shall provide evidence to the City that the owner's insurance policy has been endorsed to cover an appropriate level of damage or injury that might result from the installation and operation of the AWEF.

Ice throw. The potential ice throws or ice shedding for an AWEF shall not cross the property line of the lot on which the AWEF is located nor impinge on any right-of-way or overhead utility line.

Electronic interference. The owner of the AWEF shall ensure that the design and operation of the AWEF avoids disruption or loss of radio, telephone, television, cell, internet, VOR signalization for aircraft or similar signals, and shall mitigate any harm caused thereby.

(15)

Warnings.

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers.

Visible, reflective, colored objects, such as flags, reflectors, or tape shall be place on the anchor points of guy wires and along guy wires up to a height of 10 feet above the ground.

(16)

Ground-mounted AWEF.

Minimum lot size is two acres.

Height. AWEF shall not exceed 80 feet in height.

Ground clearance. The minimum ground clearance for the AWEF shall be 80 feet.

Setbacks. AWEF shall be set back from property lines, occupied dwelling, aboveground utility lines, railroads and/or rights-of-way by a distance equal to or no less than one and half times the total height.

Number of AWEF. One ground-mounted AWEF shall be permitted per lot.

Location. Groundmounted AWEF shall be prohibited in front yards, between the principal building and the street right-of-way. The minimum distance between the ground and the wind rotor blade shall be 20 feet.

Safety and security. All AWEF shall be surrounded by a six-foot-high fence if the AWEF is not otherwise rendered unclimbable up to 12 feet above the ground.

(17)

Building-mounted AWEF.

Location. Building-mounted AWEF may be located on any lot regardless of lot size.

Height. Building-mounted AWEF shall comply with the height restrictions of the zoning district in which it is located. The AWEF shall not exceed the maximum height requirements for an accessory structure under Article IV of this chapter, and when attached to a building, the building and AWEF combined shall not exceed the maximum height for a principal building in the zoning district in which it is located.

Number of AWEF. One building-mounted AWEF shall be permitted per lot.

Compliance with codes. The applicant shall provide evidence to the City that the plans for a building-mounted AWEF comply with the Uniform Construction Code and other adopted building codes.[4]

Editor's Note: See Ch. 180, Construction Codes.

Outdoor wood-fired burners.

Installation of outdoor wood-fired burners. An outdoor wood-fired burner shall be permitted by special exception in a residential zoning district and shall installed as follows:

Located at least 100 feet from any building or occupied structure.

Installed under the Uniform Construction Code and in accordance with manufacturer's specifications and instructions.

Demonstrated that the chimney of the outdoor wood-fired burner is the greater of 30 feet in height or five feet in excess of the height of any occupied structure within 300 feet not located on the lot on which the outdoor wood-fired burner will be located.

Demonstrated that the outdoor wood-fired burner has been laboratory tested and listed to appropriate safety standards such as (UL) (Underwriters Laboratories) and ANSI (American National Standard Institute) standards.

Use of outdoor wood-fired burners. Each person who owns a lot on which an outdoor wood-fired burner is located and each person who occupies a lot on which an outdoor wood-fired burner is located shall be responsible to insure that the outdoor wood-fired burner is operated under the following requirements:

The only substance that may be burned in an outdoor wood-fired burner is clean wood.

None of the following shall be burned in an outdoor wood-fired burner:

Any wood that does not meet the definition of clean wood;

Tires;

Lawn clippings or yard waste;

Materials containing plastic;

Materials containing rubber;

Waste petroleum products;

Paints and paint thinners;

Coal;

[9]

Any type of paper;

[10]

Construction and demolition debris;

[11]

Plywood;

[12]

Particleboard;

[13]

Salt water driftwood;

Manure;

Animal carcasses;

Asphalt products; or

Used cooking oils.

The outdoor wood-fired burner shall, at all times, be operated and maintained in accordance with the manufacturer's specifications.

The outdoor wood-fired burner shall be maintained and operated in compliance with all emissions of air quality standards promulgated by the U.S. Environmental Protection Administration (EPA).

The emissions from the outdoor wood-fired burner shall not be detectable beyond the lot on which the outdoor wood-fired burner is located, interfere with the reasonable enjoyment of life or property of neighbors, cause damage to vegetation or property of neighbors, or be harmful to human or animal health.

The outdoor wood-fired burner shall not be operated before October 1 or after April 30 of each calendar year.

The installation must be inspected and approved by the Fire Chief and be installed in accordance with the fire code.

§ 575-606 Industrial uses.

Bulk fuel storage.

Bulk fuel storage, whether permitted as a principal or accessory use, shall be located on a lot of not less than two acres.

Storage tanks shall be located not less than 250 feet from all lot lines and shall be not less than 500 feet from any residential dwelling unit, school, child-care center, place of worship, and public use.

Cylinder filling rooms, pumps, compressors and truck-filling stations shall be located not less than 100 feet from all lot lines.

The tank storage area shall be completely fenced with a chain-link fence at least six feet in height and properly locked and posted as hazardous and dangerous. If the storage area adjoins a lot used for residential purposes, the fence shall be screened from view by a buffer planted and maintained under Article X of this chapter.

Bulk fuel storage facilities shall be developed in full compliance with all applicable federal, state and insurance regulations and proof of such shall be provided to the Zoning Officer prior to commencement of the use.

Heavy and light industrial.

The application shall include a detailed description of:

The nature of the on-site processing operations, the materials used in the process, the products produced, the generation and methods for disposal of any wastes and by-products, and the manner and method of storage and disposal of materials.

The general scale of the operation in terms of its market area, specific floor space requirements for each step of the industrial process, the total number of employees on each shift, and an overall needed site size.

Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts.

A buffer yard of at least 75 feet shall be provided from any lot used with an existing residential dwelling unit or for any residential zoning district. When the lot adjoins a lot used for residential purposes or zoned for residential use, the lot shall be screened with both a planting strip and fence under Article X of this chapter.

Industrial hemp production.

An industrial hemp production facility shall meet the same requirements as other manufacturing, processing and production uses located in the same zoning district, including minimum lot size (area and width), minimum yard dimensions (front, each side and rear), and maximum building coverage and height.

Industrial hemp production must occur in an indoor, enclosed, and secure building.

The required number of off-street parking spaces shall be one space for every 2,000 square feet of gross floor area, plus one space for every two employees on the maximum working shift.

The required number of loading spaces shall be one space for every 7,500 square feet of gross floor area. Loading areas shall be located within the principal building.

A screened buffer is required where the facility adjoins a residential zoning district (R-1, R-2 and R-3) or a residential use of a property. The screened buffer shall consist of a visually solid, tight fence not less than six feet in height and a natural wooded buffer or planting strip along the nonresidential use or zone that is at least six feet in height and five feet in width when planted so as to shield the residential use or zone from the proposed grower and processor facility. A landscape plan shall be required as part of the application for conditional use.

There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from an industrial hemp production facility.

Junk or salvage yard.

The premises shall at all times be maintained so as not to constitute a private or public nuisance, or adversely impact the public health, safety or welfare.

Burning or incineration of any kind shall be prohibited.

No garbage, organic waste, rubbish, toxic materials and hazardous materials shall be stored on the premises.

Whenever any motor vehicle shall be received on the premises as junk, all gasoline and oil shall be drained and removed from the vehicle and properly stored or disposed.

The storage of any combustible materials, such as gasoline, oil or related items, shall be placed in fireproof containers and stored within a fireproof building.

The manner of storage and arrangement of junk and the drainage facilities on the premises shall be such as to prevent the accumulation of stagnant water upon the premises, which is a place for the breeding of rodents, insects and vermin.

Stockpiling of motor vehicles is prohibited.

Outdoor storage of junk may not be piled higher than eight feet in height, and must be set back no less than 100 feet from any adjoining property line, street right-of-way, waterway, and drainage swale.

The premises shall contain a minimum of two access drives, each of which shall remain unobstructed at all times for emergency vehicles and be not less than 20 feet in width.

The minimum lot size shall be three acres and the maximum lot size shall be five acres.

Motor vehicles, parts and other junk shall be arranged in such a manner as to allow access drives no less than 12 feet in width for emergency vehicles. The access drives shall be kept open and unobstructed at all times.

Except for the required access drives, the premises shall be completely screened by a wall or fence not less than eight feet in height and a planting strip not less than five feet in depth, with shrubbery, plants or evergreen trees which are a minimum of six feet in height at the time of planting. This area must then be suitably landscaped and maintained.

Machine shop.

Where the operation abuts a zoning district where residences are a principal permitted use, or where an existing residential dwelling unit is located, a solid wall or substantial, attractive fence not less than eight feet in height shall be constructed and maintained in good condition along such boundary line, and a buffer yard of not less than 20 feet in width must be landscaped, and maintained in good condition.

No parking, loading, idling, storage of any kind, or trucking shall be allowed within the buffer yard. All trucks idling in excess of 15 minutes shall be prohibited. All materials shall be stored within a completely enclosed building and outdoor storage of any kind is prohibited.

All operations excluding pickups or deliveries shall be conducted within the enclosed building.

Mineral extraction.

The use, activity or any aspect of the operation shall be located not less than 1,500 feet from the nearest inhabited residence, place of worship, or any public recreational activity. The setback distance of the use, activity or any aspect of the operation from surface water bodies, creeks, streams, and wetlands shall comply with the state-mandated requirements.

Except for approved access drives (which shall be secured by locked gates, which may only be open during business hours), the premises shall be completely screened to protect public safety with an industrial-type gauge fence eight feet in height.

Signs shall be conspicuously attached to the fence every 75 feet warning the public of the nature of the operation.

A buffer yard not less than 50 feet in width shall also be maintained with natural vegetative ground cover along all exterior lot lines that are within 300 feet of an area of excavation. This buffer yard shall include an earth berm with a minimum height of six feet and an average of one shade tree for each 50 feet of distance along the lot lines. The shade trees shall be planted outside of the required berm and fence. If substantial trees, vegetation or forest exist within the required buffer yard, then new plantings in the buffer yard is not necessary provided that the existing trees, vegetation or forest are well-kept, preserved, maintained and adequately serve the purpose for which the yard was to be created.

The lot and operation thereon shall at all times be maintained so as not to constitute a private or public nuisance, or adversely impact the public health, safety or welfare. The days and hours of operation, including excavation, blasting and relating trucking, may be limited depending upon the characteristics of the neighborhood.

The site shall contain a minimum of two access drives, each of which shall be not less than 24 feet in width, and all of which shall be improved in accordance with Chapter 475, Subdivision and Land Development, and connect to a public street sufficient in size to accommodate the proposed traffic expected to be generated by the use. Access drives shall be located so as to prevent public safety hazards, dust and noise.

All applications shall include a plan that evidences the measurers to be taken by the operator to prevent dust, dirt, stone or other debris from escaping from the facility onto any public property/street, or private property of another.

Applications shall include an estimated life expectancy for the proposed use; a plan for the future productive use of the property once the life of the project has terminated; a proposed cost to reclaim the property and implement the future use; and a financial guarantee for implementation of that use.

Applications shall include the same information, written materials and plans that are to be submitted to the Pennsylvania Department of Environmental Protection, as part of the state permitting process.

An asphalt, batch or concrete plant or processing operations shall constitute a principal use, not an accessory use.

Outdoor storage.

The use of a lot for outdoor storage shall require a minimum lot area of not less than one acre.

No outdoor storage shall be permitted within a front yard.

Except for a gated and located entranceway, the storage area shall be completely enclosed from public view by means of a screened chain-link fence not less than six feet in height.

The applicant shall include a complete listing of all material to be stored on the lot at the time of application. The list shall be updated annually and filed with the City and the Zoning Officer.

Recycling collection center.

All operations, including collection, shall be conducted within a completely enclosed building.

There shall be no outdoor storage of materials used or generated by the operation.

The applicant shall explain the scope of operation, and any measures used to mitigate problems associated with noise, fumes, dust, and litter.

The applicant will assure regular maintenance of the site to assure the immediate collection of stray debris.

Solid waste facilities (including solid waste landfill, transfer and solid waste-to-energy facility).

The use, activity or any aspect of the operation shall be located not less than 500 feet from any street right-of-way, creek, stream or wetland; and not less than 1,000 feet from any residential zoning district, or lot line where a residential dwelling unit, place of worship, school, day care, or public recreational activity is located.

Burning and incineration is prohibited, except for an approved waste-to-energy facility.

The property shall contain a minimum of three access drives, each of which shall be not less than 24 feet in width, and all of which shall be improved in accordance with Chapter 475, Subdivision and Land Development, and connect to a public street sufficient in size to accommodate the proposed traffic expected to be generated by the use. One of the access drives shall be restricted to use by emergency vehicles only, and shall be clearly marked and identified. The application shall also be accompanied by a plan of the site that includes the location of access drives and proposed structures, and an emergency response plan to address potential safety concerns associated with the use.

The lot shall at all times be maintained so as not to constitute a private or public nuisance, or adversely impact the public health, safety or welfare.

A solid waste facility shall have a minimum lot area of 15 acres and a maximum lot area of 20 acres, whether developed initially or cumulatively, with a maximum total capacity to treat or dispose of 500 tons of waste per day.

Except for the required access drives (which shall be secured by locked gates, which may only be open during business hours), the premises shall be completely screened by a wall or fence not less than eight feet in height and a planting strip not less than 10 feet in depth, with shrubbery, plants or evergreen trees which are a minimum of eight feet in height at the time of planting. This area must then be suitably landscaped and maintained. In addition, an attendant shall be present during all periods of operation or dumping to ensure that:

Only authorized waste is accepted;

The access drives remain unobstructed; and

Litter, garbage and rubbish is collected from the site and its surroundings on a regular daily basis prior to the closing of business on each day.

The days and hours of operation shall be limited to Monday through Friday from 7:00 a.m. to 5:00 p.m. and Saturday from 8:00 a.m. to 4:00 p.m. The facility shall not conduct any approved operations at any other times and days.

The operator shall take all necessary precautions to prevent litter, garbage and rubbish from scattering off site, and shall regularly monitor the site and its surroundings collecting litter, garbage and other rubbish that may have escaped from the facility or trucks.

Dangerous materials such as radioactive, hazardous or infectious waste may not be stored, processed, disposed of, or incinerated on site.

All loading and unloading of solid waste shall occur within an enclosed building, and over an impervious surface drain to a holding tank that is then adequately treated. All solid waste processing and storage shall occur within an enclosed building or enclosed container.

All applications shall include an estimated life expectancy for the proposed use; a plan for the future productive use of the property once the life of the project has terminated; a proposed cost to reclaim the property and implement the future use; and a financial guarantee for implementation of that use.

All applications shall include the same information, written materials and plans that are to be submitted to the Pennsylvania Department of Environmental Protection, as part of the state permitting process.

Trucking terminal.

The minimum lot area shall not be less than two acres.

Access drives shall be sufficient in width to accommodate the use, but in no event exceed 24 feet in width. Access drives must connect to a public street.

Where the operation abuts a zoning district where residences are a principal permitted use, or where an existing residential dwelling unit is located, a solid wall or substantial, attractive fence not less than eight feet in height shall be constructed and maintained in good condition along such boundary line, and a buffer yard of not less than 300 feet in width must be landscaped, and maintained in good condition. No parking, loading, idling, storage of any kind, or trucking use shall be allowed within the buffer yard.

All trucks idling in excess of 15 minutes shall be prohibited.

Warehouse and distribution facilities.

All materials shall be stored within a completely enclosed building and outdoor storage of any kind is prohibited.

Access drives shall be sufficient in width to accommodate the use, but in no event shall any access drive exceed 24 feet in width.

No activities including off-street parking shall be allowed within 150 feet of a property line abutting a district having residences as a principal permitted use.

All truck idling in excess of 15 minutes shall be prohibited.

§ 575-607 Institutional uses.

Medical marijuana academic clinical research center.

Off-street parking regulations shall utilize those listed for an office.

An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The portions of the academic clinical research center where the medical marijuana is grown may not be in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

All external lighting must be shielded in such a manner not to allow light to be emitted skyward or onto adjoining properties.

A screened buffer is required where a medical marijuana academic clinical research center adjoins a residential zoning district (R-1, R-2 and R-3) or a residential use of a property. The screened buffer shall consist of a visually solid, tight fence not less than six feet in height and a natural wooded buffer or planting strip along the nonresidential use or zone that is at least six feet in height and five feet in width when planted so as to shield the residential use or zone from the proposed grower and processor facility. A landscape plan shall be required as part of the application for conditional use.

Prison or correctional facility (including juvenile and other detention facilities).

The minimum lot size shall be five acres.

All buildings must be set back not less than 150 feet from a property line and 300 feet from a street line.

Where the prison abuts a zoning district where residences are a principal permitted use, or where an existing residential dwelling unit is located, a solid wall or substantial, attractive fence not less than 10 feet in height shall be constructed and maintained in good condition along such boundary line, and a buffer yard of not less than 300 feet in width must be landscaped, and maintained in good condition at all times. No structures, parking, loading, storage of any kind, or any use shall be allowed within the buffer yard. All areas not used for access, parking circulation, buildings and services shall be completely and permanently landscaped and the entire site maintained in good condition.

School.

A school shall have outdoor recreational or play areas. The outdoor recreational or play areas shall be located not less than 150 feet from any residential lot line, or existing residential dwelling unit. Outdoor recreation areas shall not be located within the front yard and must be set back 25 feet from all lot lines. Any vegetative materials located within the outdoor recreation areas shall be of a non-harmful type (poisonous, thorny, allergenic, etc.). All outdoor recreation areas must provide a means of shade, such as shade trees or a pavilion. Off-street parking lots shall not be used as outdoor play areas.

Passenger "dropoff" and "pickup" areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.

All buildings shall be set back at least 100 feet from any adjoining lot.

No part of the school property shall be located within 1,000 feet of a property containing an adult use, betting use, or medical, therapy or treatment facility.

§ 575-608 Recreational uses.

Recreational facility (outdoor).

The outdoor recreation activity shall be conducted no closer to any property line than the minimum required front yard for the zoning district in which the property is located.

The outdoor recreation area shall be screened by a buffer area with a minimum of 10 feet in depth and six feet in height at the time of planting. The buffer area shall consist of planted trees or shrubs, and shall completely surround the activity except for permitted access drives.

Parking areas shall not be located within any buffer area, as the buffer areas must be properly landscaped and maintained in good condition at all times. Natural forest or woods may be provided in lieu of a buffer area, provided that the minimum depth of the forest or wood area is 50 feet and it is consistently thick enough to serve the purpose of a buffer area.

The minimum lot size for any outdoor recreational use shall be not less than three acres.

A restaurant/tavern, entertainment facility, or retail store shall be permitted accessory uses to an outdoor recreational use, provided that those uses are allowed in the applicable zoning district, and only when all the requirements for those particular uses have also been met.

Hours of operation shall be limited to daytime hours only, and any lighting shall be limited to the hours of operation only. The days/hours of operation shall be limited to Monday through Saturday from 7:00 a.m. to 6:00 p.m. or dusk. The facility shall not conduct any approved operations at any other times and days.

§ 575-609 Religious uses.

Cemetery.

All cemeteries shall be enclosed by a fence, wall or shrubbery at least three feet in height.

Interior walking paths shall be provided at a minimum of four feet in width and interior roads shall have a minimum width of 12 feet for vehicular travel. All paths and roads shall be paved.

The owner must provide sufficient proof that an appropriate financial system is in place to guarantee perpetual maintenance of the cemetery, grounds, roads and pathways.

Funeral home. In addition to providing the minimum number of required off-street parking spaces, proof shall be provided at the time of the application to show that sufficient off-street parking and stacking of vehicles shall be provided to prevent traffic backups onto adjoining streets. Loading and unloading shall be conducted in a designated loading area on the lot.

Place of worship.

A minimum lot area of not less than one acre shall be required for the use. The maximum lot coverage for all uses and buildings shall not exceed 60%.

Religious instruction and educational rooms may be permitted within the principal building as accessory uses.

Rectories and convents shall also be permitted as an accessory use except that the building shall be treated as a principal building for compliance with the dimensional requirements of the zoning district where located.

Where the lot adjoins an existing residential dwelling unit, the parking area shall be screened along the property line adjoining the dwelling with either a fence or buffer under Article X of this chapter.

§ 575-610 Residential uses.

Conversion of building into a dwelling.

The conversion of a building or dwelling unit into a multifamily dwelling unit is not be permitted if it would require the placement of an exterior stairway on the front of the building, or would require off-street parking spaces in the front yard.

A maximum total of four dwelling units may be developed per lot provided that each unit meets the minimum floor areas of Article IV, § 575-411, of this chapter.

The conversion of a building into a single-family or two-family or the conversion of a single-family dwelling unit into a two-family dwelling unit is permitted, provided that the single-family dwelling or two-family dwelling is a use permitted by right in the zoning district where the conversion is to occur and the dwelling or dwellings after the conversion meets the minimum floor area of Article IV, § 575-411 of this chapter.

Home occupation. A home occupation shall be a permitted use by right in any residentially zoned property, provided that the following requirements are met:

The occupation shall be carried on entirely within the principal dwelling unit not an unattached accessory structure.

No display or advertisement of products or services may be visible from outside of the dwelling.

Any storage of materials associated with the home occupation shall be within the dwelling unit. No storage of hazardous waste or flammable materials shall be permitted.

An identification sign is the only sign that is permitted. The sign may only be lit with indirect lighting.

No person other than a resident of the dwelling unit may conduct the home occupation. No nonoccupants of the dwelling may be employed.

No more than 25%, or 500 square feet, whichever is less, of the total floor area of the building wherein the home occupation is being conducted may be devoted to the home occupation. The use shall clearly be secondary to the residential use.

A home occupation shall have a minimum of one off-street parking space. The off-street parking shall be in addition to the off-street parking spaces required for the dwelling unit.

No deliveries shall be permitted that require anything other than occasional parcel service, or panel truck delivery. The use shall not require delivery by tractor-trailer trucks.

A home occupation shall only operate in a manner that is noticeable to other residents between the hours of 7:00 a.m. and 9:00 p.m., Monday through Friday, and on Saturday from 9:00 a.m. and 4:00 p.m.

A home occupation shall not involve manufacturing, other than of custom crafts and sewing.

A home occupation shall not involve commercial repair of motor vehicles.

No more than one home occupation is permitted within a dwelling unit.

A home occupation shall require a zoning permit.

No-impact home-based business. A no-impact home-based business shall be a permitted use by right in all zones, provided that the following requirements are met:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing within the dwelling unit.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including but not limited to parking, signs and lights.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity may not generate any solid water or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling unit (no accessory building or structure) and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

A zoning permit is required for a no impact home-based business, but no inspection is required.

[Amended 12-20-2022 by Ord. No. 2022-13]

Manufactured home.

Placement. A manufactured home may only be placed in accordance with this subsection and only in the zoning district designated in the Use Table of Article V of this chapter.

Replacement. The removal of a manufactured home as a nonconforming use upon a property with the intent to replace it with another manufactured home may be permitted without Zoning Hearing Board approval, provided that the new manufactured home is in conformity with all applicable setbacks, area, and bulk requirements for the zoning district in which it is located.

Construction standards. A manufactured home shall be set on a concrete frost-free footer with skirting made of brick, block or concrete wall, and any towing tongues, wheels and axles shall be removed from the manufactured home and the home must be secured with a safety strap or cable to the concrete footer or steel cross support. Only under these conditions shall the home constitute a residence. The specifications of the footer and its depth shall be constructed under the applicable building code and pass a satisfactory inspection by the Building Code Official.

Manufactured home community.

The minimum lot area shall be three acres, which must be under single ownership.

The maximum density shall be four homes or dwelling units per net acre.

Each manufactured home or dwelling unit and any attached accessory structures shall be at least 35 feet from another manufactured home within the community.

Access drives or driveways to individual manufactured homes shall be from interior private streets, which shall include the installation of curbing, sidewalks, and streetlights.

A minimum of 30% of the total lot area shall be set aside and devoted as common open space for recreational purposes limited to use by the residents of the community and their guests. The common open space shall be maintained in perpetuity by the owner of the manufactured home community.

The minimum size for a manufactured home is 750 square feet.

[Added 12-20-2022 by Ord. No. 2022-13]

Multifamily dwelling units.

The exterior appearance of the building shall be so constructed and maintained so as to retain the residential character of the neighborhood.

Fire escapes, when required, shall be located in the rear of the building and shall not be located on any side of the building or street.

Service entrances, trash and garbage and drying yards shall be enclosed and screened from public view.

A minimum setback of 35 feet is required adjacent to a property line that adjoins an existing single-family dwelling.

Multifamily dwelling units shall have a maximum density requirement of 12 units per net acre and shall be set back a minimum of 35 feet between each multifamily dwelling building.

Satellite dishes. A noncommercial satellite dish antenna, including amateur television and radio antennas, shall be permitted as an accessory use in all zoning districts, provided the following are met:

A ground-mounted satellite dish antenna must be located in a side or rear yard only not less than 15 feet from a rear yard property line and 10 feet from a side yard property line and cannot exceed an overall diameter of 12 feet or an overall height of 15 feet.

A roof-mounted satellite dish antenna is permitted, provided that it is less than three feet in diameter and properly attached to a roof or secured to a structure at a height of not more than four feet.

No more than one dish or antenna shall be permitted per dwelling unit within a residential building.

No more than two dishes or antennas shall be permitted per nonresidential building.

A satellite dish or antenna does not require a zoning permit under this chapter.

Storage and parking.

Domestic composting. The composting of biodegradable vegetative material such as trees, shrubs, leaves and vegetable waste, which do not contain garbage, meat, meat by-products, or animal fats, shall be permitted as an accessory use to a principal residential use in all zoning districts, provided that the composting does not include manure and is conducted in such a manner as not to create any health, welfare or safety concerns, or a nuisance to adjoining properties. The placement of a framed enclosure for composting is permitted, subject to all accessory building setbacks, even if not rooted, and other requirements. Only waste materials generated from the residential use of the lot shall be deposited within the compost enclosure.

Recreational vehicles, boats, campers, trucks and trailers. In any residential district, no recreational vehicle, boat, camper, truck with more than two axles and more than one ton (except a personal pickup truck), or trailer shall be stored, parked or repaired on a street or in a front yard, unless located within a driveway and owned by the occupant of the residence. Except when necessary for on-site construction, the parking or storing of construction vehicles and equipment that is not primarily intended for on-road use shall not be stored overnight in a residential zoning district.

[Amended 6-11-2024 by Ord. No. 2024-9]

Accumulation of garbage, trash, refuse and junk. The outdoor storage of garbage, trash, refuse and junk is prohibited, except when placed in an approved container for waste collection pickup not less than 48 hours prior to scheduled pickup.

Portable storage containers and pods. Upon any property used for a principal residence, the use of portable storage containers and pods is limited to temporary periods during events such as construction, remodeling, moving and similar activities. The use of portable storage containers and pods for permanent storage, storage of vehicles, junk, waste containment or as a dwelling is expressly prohibited. The use of portable storage containers and pods shall not exceed 90 days during any calendar year. Such containers must be located so as not to block any required sight clearances and shall be at least 10 feet from all lot lines. The Zoning Officer may issue thirty-day extensions if the applicant can demonstrate that the nature of the proposed activity is ongoing and reasonable progress requires additional time and has a definitive ending date.

Short-term rentals (home and transient).

Off-street parking shall be provided on the rental property for tenants and their guests. On-street parking is prohibited.

Use or occupancy of recreational vehicles, trailers, campers and tents is prohibited.

Outdoor overnight sleeping of tenants and their guests is prohibited.

Recreational outdoor fires are prohibited.

Fireworks are prohibited.

Rentals shall comply with the City adopted edition of the International Property Maintenance Code.[1]

Editor's Note: See Ch. 350, Property Maintenance.

When the landowner is residing more than 20 miles from the rental, the landowner shall designate a local person, property manager or agent within 20 miles of the rental, as a local emergency contact person who has access and authority to assume management duties of the rental and take remedial measures. Twenty-four-hour contact information of the landowner and the manager/agent shall be provided to the Zoning Officer as part of the permit application.

The maximum number of overnight tenants and guests shall be limited to the density requirements for bedrooms as established under the City-adopted edition of the International Property Maintenance Code.

The maximum number of guests not staying overnight shall be limited to 50% of the maximum number of overnight occupants. The maximum occupancy limit shall be established at the time of application.

Proof of liability insurance by the owner shall be provided to the Zoning Officer as part of the permit application.

Student housing.

The principal permitted use of the building shall be student housing.

No more than one principal building shall be permitted on a lot.

No more than two persons per bedroom, with the maximum number of bedrooms not to exceed four per rental unit.

One off-street parking space shall be required for each student.

Swimming pools, ornamental ponds and wading pools.

Swimming pools generally.

Swimming pools, including spas and hot tubs, shall be located in the rear yard of a lot as an accessory structure or use.

The swimming pool, including spas and hot tubs and all accessory buildings and structures such as a pool house, deck, and sidewalks, shall be set back a minimum of 10 feet from all property lines. The setback shall include the deck, pad or apron around the pool.

All swimming pools capable of containing water to a depth, at any point, in excess of 24 inches and all spas and hot tubs shall be enclosed, except that spas or hot tubs with a lockable safety cover need not be enclosed.

In-ground swimming pools.

Except for the portion of the swimming pool having direct access from a dwelling, the swimming pool, or the entire lot upon which the pool is located, shall be enclosed with a permanent fence not less than four feet in height, which includes an access gate secured with a lock.

The fence shall not have any openings, holes or gaps larger than six inches in any dimension, and if a picket fence is erected or maintained, the horizontal or vertical dimension of space between pickets shall not exceed six inches. A dwelling house or accessory building may be used as part of the enclosure.

All gates or doors opening through the enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped, but must contain a lock. Pedestrian access gates shall open outward away from the swimming pool and shall be self-closing and have a self-latching device. Gates not intended for pedestrian use, such as utility or service gates, shall remain locked when not in use.

Where a swimming pool has direct access from a dwelling, doors and operable windows with a sill height of less than 48 inches, that provide direct access to the swimming pool through the wall, shall be equipped with an alarm that produces an audible warning when the door or its screen or window, is opened.

Aboveground or on-ground swimming pools.

An aboveground swimming pool shall be enclosed with a permanent fence not less than four feet in height which includes a gate secured with a lock, or in lieu of a fence, a swimming pool barrier not less than four feet in height. The fence or swimming pool barrier may include the swimming pool wall or a building wall, which equals or exceeds a height of four feet. Swimming pool barriers that do not have openings shall not contain indentations or protrusions that form hand holds and footholds, except for normal construction tolerances and tooled masonry joints.

Access into an aboveground swimming pool which includes a deck shall also be secured by a gate with a lock. Aboveground swimming pools without access from a deck shall include removable or locking retractable steps or any similar device which prohibits uncontrolled access into the swimming pool when not in use. Shrubbery is not to be considered a barrier.

Where a swimming pool has direct access from a dwelling, doors and operable windows with a sill height of less than 48 inches that provide direct access to the swimming pool through the wall shall be equipped with an alarm that produces an audible warning when the door or its screen or window is opened.

Swimming pool filtration systems. Except for on-ground inflatable portable swimming pools, all other swimming pools shall have an operable filtration system utilizing chlorine, bromine or some other disinfectant.

Pumping, draining or backwashing swimming pools. The pumping, draining or backwashing of swimming pool water in such a manner as to cause it to spill onto a street or adjoining property is prohibited. No swimming pool water containing chlorine shall be permitted to be drained into the stormwater system, or any water of the Commonwealth of Pennsylvania.

Other regulations. Swimming pools shall conform to all manufacturer recommendations and specifications and all other state and federal regulations.

Ornamental ponds or wading pools. Ornamental ponds and wading pools are permitted accessory residential uses permitted by right, provided that they comply with the following:

The use shall comply with the side and rear yard accessory building setbacks under Article IV of this chapter, even if not roofed, and the minimum front yard setbacks for the zoning district in which the lot is located.

No such impoundment shall contain more than 500 gallons. No such impoundment shall have a length or diameter exceeding 10 feet nor a maximum depth exceeding two feet.

All such ponds or wading pools shall be maintained so as to not pose a nuisance by reason of odor or the harboring of insects.

No ponds shall be used for the commercial hatching of fish or other species.

Tree houses. Tree houses shall only be permitted in the rear or side yard in the R-1, R-2 and R-3 Zoning Districts and then only if the tree house is accessory to a residential dwelling unit located at least 10 feet from all side and rear yard property lines. No permit is required for the construction of a tree house under this chapter, but the tree house shall be built in a manner safe for occupancy.

Garage sales. A garage sale may not include wholesale sales or the sale of new merchandise type typically found in retail store. Garage sales shall only be permitted during daylight hours. No garage sale shall occur on a property more than six times per year. The garage sale must be clearly accessory to the principal residential use of the property. No outdoor storage is permitted when the garage sale is not occurring.

Tiny homes and tiny home developments.

[Added 12-20-2022 by Ord. No. 2022-13]

A tiny home shall have an exterior width of not less than 12 feet and a floor area of not less than 500 square feet.

A tiny home shall have a gross floor area of not be less than 80 square feet per occupant, but in no case more than a total of 750 square feet.

The sleeping room area of a tiny home shall not be less than 120 square feet.

A tiny home ceiling height shall not be less than eight feet and the maximum home height may not be more than 25 feet.

A tiny home shall be serviced with public water and sewer and must include functional cooking, sleeping, toiletry, and living areas that support normal daily residential activities.

Tiny homes on wheels shall:

Be affixed to a permanent foundation. The foundation shall form a complete enclosure under the exterior walls, and be skirted with brick, block or concrete wall, and any towing tongues, wheels and axles shall be removed from the tiny home and the home must be secured with a safety strap or cable to the concrete footer or steel cross support. Only under these conditions shall the tiny home constitute a residence. The specifications of the footer and its depth shall be constructed under the applicable building code and pass a satisfactory inspection by the Building Inspector or Building Code Official.

Not be designed to move under their own power.

Each tiny home lot within a tiny home development shall meet the following dimensional requirements:

A minimum lot size of 3,500 square feet.

Lot coverage shall not exceed 40%.

Minimum lot width may not be less than 30 feet.

Minimum lot setbacks for a tiny home within a tiny home development only shall be not less than 20 feet from a front yard, five feet from a side yard, and 15 feet from a rear yard.

§ 575-611 Storage containers and dumpsters.

Containers for personal property and donated items.

A container on a lot for the collection and storage of clothes, shoes, apparel, personal property, or donated items shall only be permitted as an accessory use in the PI, CH, LI and GI Zoning Districts as an secondary use of a property.

No advertising shall be depicted or displayed on the container except for the identity and logo of the owner or company providing the container, the type of donations permitted to be placed in the container, and a brief description of how the donations will be used.

A container shall meet the minimum setbacks for an accessory nonresidential building under Article IV of this chapter.

All containers shall be made of galvanized steel or other similar durable material and securely fastened to prevent movement while being stored on a lot.

A container may not be placed within a public right-of-way, access drive, required parking space, or required loading zone.

A container may not be located closer than 1,000 feet from another container.

Dumpsters.

All dumpsters being stored on a lot for regular trash pickup shall be located in a side or rear yard, screened from adjoining streets and properties.

Hazardous waste shall not be stored in a dumpster.

Dumpsters must be placed so they do not block the view of any motorist pulling into a street.

When a dumpster is full to its capacity, it must be removed within 72 hours of that occurrence.

No overflow of any trash shall be permitted from the dumpster, nor shall any accumulation of any trash next to the dumpster be permitted.

§ 575-612 Utilities.

Communication tower on a building or structure.

Building-mounted communication antennas shall not be located on any single-family, two-family or multifamily dwelling units. Building-mounted communication antennas shall not exceed the height limitations of the applicable zoning district by more than 20 feet. Omnidirectional or whip communication antennas shall not exceed 20 feet in height and seven inches in diameter. Directional or panel communication antennas shall not exceed five feet in height and three feet in width.

An application for a communication antenna to be mounted on a building or structure shall submit:

Evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location;

Detailed construction and elevation drawings indicating how the antennas will be mounted on the building or structure for review for compliance with the applicable building code; and

Evidence of agreements and easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communication equipment buildings can be accomplished.

Communication antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. Communication antennas shall not cause radio frequency interference with other communication facilities located within the City.

A communication equipment building shall be subject to the height and setback requirements of the applicable zoning district for accessory structures.

The owner or operator of communication antennas must be licensed by the Federal Communication Commission to operate such antennas.

Communications towers, standing alone.

The applicant must be licensed by the Federal Communications Commission to operate a communication tower. The applicant must demonstrate that the proposed communication tower complies with all applicable standards established by the Federal Trade Commission governing human exposure to electromagnetic radiation, Federal Aviation Administration regulations, and Commonwealth Bureau of Aviation regulations.

Any applicant proposing construction of a new communications tower shall first demonstrate that a good faith effort has been made to obtain permission to mount the communication's antenna on an existing building, structure, or communications tower. A good faith effort shall require that all owners of a potentially suitable structure within a two-mile radius of the communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:

The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost;

The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost;

Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to perform its intended function;

Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation; or

A commercially reasonable agreement could not be reached with the owners of such structures.

Access shall be provided to the communication tower and communication equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be paved to a width of at least 10 feet for its entire length.

A communication tower may be located on a lot occupied by a principal structure and may occupy a leased parcel within a lot meeting the minimum lot area requirements for the zoning district in which it is located.

Land development shall not be required for the lease parcel on which a communication tower is proposed to be constructed, provided that the communication equipment building is unmanned. However, a subdivision plan shall be required for a lease parcel on which a communication tower is proposed to be constructed.

The applicant shall demonstrate that the proposed height of the communication tower is the minimum height necessary to perform its functions, but in no event shall a communication tower exceed 150 feet. However, a communication tower's height may be increased to 200 feet, provided the required setbacks from adjoining lot lines (not lease lines) are increased by one foot for each one foot of height in excess of 150 feet. The foundation and base of any communication tower located adjacent to any property being used for residential purposes, or adjacent to any property where the principal permitted use is residential, shall be set back from the property line (not lease line) at least 150 feet and shall be set back from any other property line (not lease line) at least 50 feet.

The base of a communication tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.

The communications equipment building shall comply with the required setbacks and height requirements of the applicable zoning district for an accessory building.

The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current structural standards for steel antenna towers and antenna supporting structures published by the Electrical Industrial Associations/Telecommunications Industry Association. The applicant shall also submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communication tower; a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communication tower, communication antennas, communication equipment and communication building. Proof of insurance to be submitted annually to the Zoning Officer.

All guy wires associated with the guyed communication tower shall be clearly marked so as to be visible at all times and shall be included within a fenced enclosure.

The site of a communication tower shall be secured by a fence with a minimum height of eight feet to limit accessibility by the general public. A minimum of one off-street parking space shall be provided within the fenced area.

No lights or signs shall be mounted on a communication tower except as may be required by the Federal Communications Commission, Federal Aviation Administration, or all other governmental agency having jurisdiction.

If a communication tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communication tower within six months of the expiration of the twelve-month period. The owner or operator must provide a bond to the City in a monetary amount sufficient to cover the costs of removal. The cost of removal shall be determined by the City Engineer after considering the cost estimate provided by the applicant.

Co-location; new tower. The Zoning Hearing Board may require the applicant to demonstrate that the applicant contacted, in writing, the owners of tall structures within a five-mile radius of the site proposed, asked for permission to install co-locate on those structures, and was denied. This would include smokestacks, water towers, tall buildings, other communications towers (fire, police, etc.) and other tall structures. The Zoning Hearing Board may deny the application to construct a new tower if the applicant has not made a good faith effort to mount on an existing structure, thereby documenting that there exists no other support structure which can reasonably serve the needs of the owner of the proposed small wireless communication facility. A good faith effort shall demonstrate that one or more of the following reasons apply to a particular structure:

The proposed equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at a reasonable cost.

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

Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to enable it to provide service consistent with the provider's system requirements.

Addition of the proposed equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the FCC governing human exposure to electromagnetic radiation.

A commercially reasonable agreement could not be reached with the owners of such structures.

Small wireless communication facility, small cell installation.

A small wireless communication facility site with a small wireless communication facility that is either not mounted on an existing structure or which is more than 15 feet higher than the structure on which it is mounted shall, in addition to all other applicable requirements, comply with the following:

Service provider required. No zoning permit shall be issued for any new small wireless communication facility governed by this section until the applicant provides documentation to the Zoning Hearing Board that a service provider has contracted for the use of the facility. An applicant may apply for approval of the small wireless communication facility, and such approval may be granted by the Zoning Hearing Board, but the zoning permit shall not be issued until the required service provider documentation is provided.

Location requirement and number. The applicant shall demonstrate to the satisfaction of the Zoning Hearing Board, using technological evidence, that the small wireless communication facility and support structure must go where it is proposed, in order to satisfy its function in the company's grid system. The number of small wireless communication facility to be installed at a site by an applicant may not exceed the current minimum necessary to ensure the adequacy of current service required by the Federal Communications Commission (FCC) license held by that applicant.

Co-location; new tower. The Zoning Hearing Board may require the applicant to demonstrate that the applicant contacted, in writing, the owners of tall structures within a five-mile radius of the site proposed, asked for permission to install the small wireless communication facility on those structures, and was denied. This would include smokestacks, water towers, tall buildings, small wireless communication facility support structures of other cellular phone companies, other communications towers (fire, police, etc.) and other tall structures. The Zoning Hearing Board may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the small wireless communication facility on an existing structure, thereby documenting that there exists no other support structure which can reasonably serve the needs of the owner of the proposed small wireless communication facility. A good faith effort shall demonstrate that one or more of the following reasons apply to a particular structure:

The proposed equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at a reasonable cost.

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

A commercially reasonable agreement could not be reached with the owners of such structures.

Small wireless communication facility height; design.

Minimum height. A small wireless communication facility shall not be more than 50 feet in height. The small wireless communication facility shall comply with any applicable airport hazard ordinance.

Stackable. The Zoning Hearing Board may require the tower to be designed and constructed to be stackable (structurally capable of being increased in height) so that additional antenna arrays can be accommodated in addition to the arrays on the original tower to facilitate future co-location.

Visual impact; stealth design. The applicant shall provide to the Zoning Hearing Board graphic information that accurately portrays the visual impact of the proposed tower from various vantage points selected by the Zoning Hearing Board, such as but not limited to parks, designated historic sites or districts or designated scenic areas. This graphic information may be provided in the form of photographs or computer-generated images with the tower superimposed, as may be required by the Zoning Hearing Board. The Zoning Hearing Board may require the applicant to conduct a balloon test to confirm the visual impact. The Zoning Hearing Board may require stealth design or specific colors, consistent with applicable federal regulations, to ensure that the small wireless communication facility is compatible with the surrounding landscape.

Setbacks. If a new small wireless communication facility support structure is constructed (as opposed to mounting the small wireless communication facility on an existing structure) or if the small wireless communication facility height exceeds the height of the existing structure on which it is mounted by more than 15 feet, the following minimum setbacks shall apply:

Separate parcel. If the parcel on which the small wireless communication facility and support structure are located is a separate and distinct parcel, the distance between the base of the support structure and any adjoining property line shall not be less than the height of the small wireless communication facility structure plus 30 feet. The setback for equipment containers, other accessory structures, and guy wire anchors shall be a minimum of 30 feet.

Lease, license or easement. If the land on which the small wireless communication facility and support structure is located is leased or is used by license or easement, the setback for any part of the small wireless communication facility, the support structure, equipment containers, other accessory structures and guy wire anchors shall be a minimum of 30 feet from the line of lease, license or easement. In any case, the distance between the base of the support structure and any adjoining property line (not lease, license or easement line) shall not be less than the height of the small wireless communication facility structure plus 30 feet.

Residential dwellings. Support structures shall be separated from residential dwellings on adjacent or proximate properties by not less than two times the height of the structure.

Setback reduction. The setbacks in Subsection C(2)(d)[1], [2] and [3] above may be reduced to not less than 30 feet, provided the affected property owner provides to the applicant permission for the lesser setback. Such permission shall be in the form of a recorded agreement between the affected property owner and the applicant.

Small wireless communication facility support structure safety. The applicant shall demonstrate that the proposed small wireless communication facility and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All support structures shall be fitted with anticlimbing devices, as approved by manufacturers. The applicant shall submit certification from a Pennsylvania-registered and licensed professional that a proposed small wireless communication facility and support structure will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association, and applicable requirements of any applicable building code.

Fencing. A fence, a minimum of eight feet in height and of a design to restrict unauthorized access, shall be installed around the small wireless communication facility support structure and other equipment.

Landscaping. Existing vegetation on and around the site shall be preserved to the greatest extent possible.

Landscaping installation and maintenance may be required to screen as much of the support structure as possible, the fence surrounding the support structure, any other ground-level features (such as a building), and, in general, buffer the small wireless communication facility and support structure site from neighboring properties and the sight lines from prominent viewing locations.

The Zoning Hearing Board may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping.

Access. Access to the small wireless communication facility and support structure shall be provided by means of a public street or easement to a public street in accord with a local or state highway occupancy permit, as applicable. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet, with a dust-free, all-weather surface for its entire length. Access shall, if feasible, be provided along existing access points and drives.

Fire control plan. The applicant shall provide a fire control plan including details about any fire-suppression system proposed for any small wireless communication facility or similar item. The plan shall be provided to the applicable fire company for review and comment.

Public utilities.

When the use includes the storage of equipment not to be located within a building, the equipment shall be enclosed by a chain-link fence and locked gate not less than six feet in height, which fence and gate must consist of screening material that has openings or gaps no greater than four inches in any dimension.

When the facility is located within a residential area, it shall be designed in such a manner as to conform to the characteristics of the neighborhood.

Hazleton City Zoning Code

ARTICLE VI

Supplemental Regulations

§ 575-601 Applicability.

§ 575-602 Agricultural, growing and timber-related uses.

Agricultural operations.

All structures associated with the agricultural operation shall be set back a minimum of 150 feet from all lot lines.

Editor's Note: See 3 Pa.C.S.A. § 501 et seq.

Editor's Note: See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.

All agricultural operations shall be designed and maintained so that water and fertilizer will not drain onto adjacent lots.

All agricultural operations shall comply with applicable standards of the most recent version of the Pennsylvania Manure Management Manual, as amended.

Agribusinesses. The following supplemental regulations shall be applicable for the proposed use of an agricultural property for an agribusiness:

Minimum lot size and width.

Lot size: 10 acres.

Lot width: 400 feet.

Setback distances. Activities (including parking areas) or structures shall comply with the following minimum setback distances:

Front yard is 50 feet.

Side yard is 100 feet.

Rear yard is 100 feet.

Ancillary features of a property may include:

The use of a portion of the property for the temporary placement of campers, horse trailers and recreational vehicles as related to planned events upon the property.

The sale of both prepared food products and fresh farm produce and accessory products that support the specific agribusiness such as leather tack products, saddles, boots and western wear.

Maximum lot coverage.

Maximum building coverage is 20%.

Maximum impervious surface is 30%.

Forestry or timber harvesting.

Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails, and log landings;

Design, construction and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars;

Design, construction and maintenance of stream and wetland crossings;

A stand prescription for each stand located in the proposed harvest area;

The general location of the proposed operation in relationship to streets and highways; and

The following timber harvesting practices shall be observed:

No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining property.

No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner.

Litter resulting from a timber harvesting operation shall be removed from the site before the operator vacates it.

A buffer strip of at least 50 feet must be maintained along any road, stream, or recognized recreational trail.

Timber operations and related activities shall be conducted only between the hours of 7:00 a.m. and 7:00 p.m.

Soil carried or washed onto public streets during the operation shall be removed daily.

Growing and processing of hemp.

Any growing of hemp located within 1,000 feet of a residential zoning district (R-1, R-2 and R-3) or residential use shall be conducted inside a building.

Growing and processing of hemp shall comply with the requirements of the general permit issued or approved by the Pennsylvania Department of Agriculture.

Industrial hemp production shall not occur on the same property where the growing and processing of hemp occurs.

Medical marijuana grower and processor.

Editor's Note: See 35 P.S. § 10231.2107(1).

Storage of medical marijuana waste remnants in an accessory building or waste refuse container located outside of the principal building is prohibited.

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

The required number of off-street parking spaces shall be one space for every 2,000 square feet of gross floor area, plus one space for every two employees on the maximum working shift.

The required number of loading spaces shall be one space for every 7,500 square feet of gross floor area. Loading areas shall be located within the principal building.

There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from a grower and processor facility.

A grower and processor of medical marijuana must be legally registered with the Commonwealth of Pennsylvania and possess a current and valid permit from DOH.

Sawmill or lumber yard.

The building must be located not less than 150 feet from a lot line.

Water withdrawal.

Loading and unloading areas shall be set back a minimum of 150 feet from any adjacent residential use or zone.

Minimum lot area: 10 acres.

Any bottling plant shall be considered a separate industrial use and shall only be permitted as a heavy industrial use.

§ 575-603 Animal-related uses.

Animal hospital.

An animal clinic or hospital shall maintain all activities within a completely enclosed soundproof building, and no objectionable odors shall be vented outside the building.

Animal kennel.

Animals must be kept within an enclosed building, except for runways that must be fenced.

Keeping of bees.

Beekeeping facilities shall be set back a minimum of 40 feet from any lot line and must be fenced within 100 feet of a lot line.

Signs shall be erected to warn the public of the presence of bees.

The facility must be operated in such a manner as to prevent bees from entering streets, sidewalks or other properties.

Beekeeping facilities are only permitted in the GI Zone with a zoning permit.

Keeping of chickens.

No more than six chickens are permitted on a property.

No roosters are permitted on a property.

All chickens must be housed in a predator-resistant structure with access to outdoor spaces secured to prevent them from leaving the property.

All structures and runs shall be set back at least 20 feet from an adjoining property and public street.

Slaughtering of chickens is prohibited.

Keeping of chickens are only permitted in the GI Zone with a zoning permit.

Keeping of agricultural animals and livestock. No agricultural animals, farm animal, or other livestock shall be permitted on any property except as part of a permitted agricultural operation.

Keeping of domestic pets.

The keeping of domestic pets is permitted by right in all zoning districts without a zoning permit.

Pets shall not be kept in such a manner as to create a serious nuisance (including odor or noise), a health or public safety hazard.

The owner of the pet shall be responsible for collecting and properly disposing of all fecal matter on a regular weekly basis.

No dangerous pet shall be kept outdoors except within a secure enclosure.

No more than a total of five dogs and cats (or any combination of dogs and cats) shall be permitted on a lot or within a dwelling except for an approved animal kennel.

No more than four small birds, gerbils, rabbits or other small animals commonly sold in retail pet stores (or any combination of animals) shall be permitted.

Animal day care.

Recreation must be provided by the operator for the domestic pets.

A maximum of 15 domestic pets shall be permitted per property.

§ 575-604 Commercial uses.

Adult uses.

No pornographic material, display or words shall be placed in view of persons who are not inside the establishment.

Airport or heliport.

A minimum lot size of five acres shall be required for a heliport, and 10 acres for an airport.

Bulk fuel storage shall not be permitted for a heliport but may be permitted for an airport as a second principal use under this chapter.

An aviation permit issued by the Pennsylvania Department of Transportation shall first be obtained before making an application for a zoning permit.

Automobile-related uses.

Repair garage.

All repairs and painting shall be conducted within an enclosed building. Spray booths shall have ventilation systems that direct fumes away from adjacent properties and buildings.

No outdoor storage of materials shall be permitted. Temporary outdoor parking of customer vehicles is permitted.

Service bay doors shall be closed when repairs are being performed. Service bay doors on new buildings shall front on a public street.

Car wash.

Water from the car wash shall not flow onto sidewalks or streets in such a manner as to negatively impact pedestrian and vehicular travel.

Minimum lot size: five acres, which may be reduced to one acre if the applicant proves that the water will be recycled on-site.

Access drives and parking aisles shall be designed so as not to cause traffic hazards on streets. On-lot traffic circulation channels and parking areas shall be clearly marked.

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

Commercial/residential related uses.

Bed-and-breakfast.

A bed-and-breakfast shall be conducted within a dwelling unit.

Guests shall not be permitted to stay for more than four weeks in any given year.

No display or advertising shall be permitted except for a permitted identification sign.

Boarding or rooming houses.

A boarding or rooming house shall serve no more than 12 persons.

Each bedroom shall be limited to no more than two adults.

Rooms shall be rented for a minimum of one week.

The owner shall also reside in the boarding or rooming house.

A buffer yard with screening under Article X shall be provided where the building adjoins a residential dwelling unit.

Child-care center or family-care homes.

An outdoor play area, which is equal to at least 20% of the total gross floor area for the child care, shall be required.

The outdoor play area shall be set back a minimum of 25 feet when adjoining a dwelling unit.

The outdoor play areas shall be completely enclosed with a fence at least six feet in height. A locked gate shall be provided when the play area is accessible to a public access area.

Outdoor play activities shall be limited to the hours of 9:00 a.m. and 5:00 p.m. local time.

The use shall not be conducted in dwelling that is physically attached to another dwelling that does not have a common owner.

The exterior appearance shall be maintained so that it is compatible with existing dwellings in the neighborhood.

Group home.

The exterior appearance of the group home shall be residential in nature.

A group home shall not include any use meeting the definition of a treatment center.

The applicant shall provide evidence of state licensing or certification.

Hotel and motel.

The use shall have a minimum lot area of two acres.

The building shall contain at least 10 guest sleeping rooms not less than 250 square feet per sleeping room.

No less than 60% of the gross floor area of the building shall be devoted to sleeping rooms.

All buildings and structures shall be located not less than 60 feet from a front yard line, 35 feet from all side yard lines, and 50 feet from the rear yard line.

All areas not used for access, parking circulation, buildings and services shall be completely and permanently landscaped and the entire site maintained in good condition.

Drive-in or -through facilities.

One hundred feet queue length for:

Carwash as an accessory use.

A use that has a call box for access.

Pharmacy pickup or dropoff window.

One hundred fifty feet queue length for standalone ATM.

Two hundred fifty feet queue length for:

Drive-through restaurant.

Bank or financial institution.

Three hundred feet queue length for:

Standalone car wash.

Drive-through oil change facility.

Medical uses.

Health care campus.

The maximum percent of lot coverage shall be 50% for all principal and accessory buildings excluding parking structures.

The maximum height for buildings shall be 40 feet.

The minimum lot size shall be five acres.

All buildings and parking structures shall be set back a minimum of 75 feet from all lot lines.

The minimum setbacks shall be applied only to the perimeter of the campus, and the minimum setback between individual buildings on a health care campus shall be 40 feet.

In no case shall a public right-of-way be used for parking, loading, unloading, or storage of commercial vehicles.

At least two access drives with a minimum width of 24 feet each shall be provided, each from a public street.

Medical, therapy, or treatment facilities.

The facility must be supervised and secured in such a manner as to adequately protect the safety of the general public.

The application must state the conditions that will cause persons to occupy the facility and the manner in which the facility will be supervised and secured.

Medical marijuana delivery vehicle office.

Off-street parking regulations shall utilize those listed for an office.

The parking area where the delivery vehicles are to be stored shall be screened with a visually solid, tight fence. A fence plan shall be required as part of the application for conditional use.

Entrances and driveways must be designed to accommodate the anticipated vehicles used to enter and exit the premises.

Medical marijuana dispensary.

Editor's Note: See 35 P.S. § 10231.2107(2).

A medical marijuana dispensary may not operate on the same property as a grower and processor of medical marijuana.

A medical marijuana dispensary may only dispense medical marijuana to patients and caregivers.

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

Permitted hours of operation shall be between 8:00 a.m. to 9:00 p.m. daily.

All external lighting serving medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

The required number of off-street parking spaces shall be one space for every 300 square feet of gross floor area.

The required number of loading spaces shall be one space for every 10,000 square feet of gross floor area or fraction thereof.

(j)

The user shall obtain a permit and approval from the DOH and provide a copy to the City.

Treatment facility or treatment center, outpatient.

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

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

Nightclub.

[Amended 12-20-2022 by Ord. No. 2022-13]

The use shall be not less than 200 feet from any residential use, place of worship, public use, school or child-care center.

A fence or buffer under Article X shall be provided along any lot line adjoining a lot that is being used for residential purposes, place of worship, public use, school or child-care center.

Retail sales or wholesale services.

Generally. Any use providing retail sales shall be conducted within a completely enclosed building, except for permitted sidewalk sales. No outdoor storage or display is permitted.

Flea markets.

All outdoor display and sale of merchandise shall commence no earlier than one hour before sunrise and cease no later than one hour prior to sunset.

The retail sales area shall be set back at least 25 feet from all lot lines.

The retail sales area shall be calculated as part of the maximum lot coverage regardless of its surface material.

Self-storage facilities.

All storage shall be contained within a completely enclosed building.

The maximum length of any building shall not exceed 300 feet.

No activities including off-street parking shall be allowed within 30 feet of a property line abutting a district having residences as a principal permitted use.

§ 575-605 Energy-related accessory uses.

Accessory solar energy systems (ASES).

Editor's Note: See Ch. 180, Construction Codes.

Is certified by the North American Board of Certified Energy Practitioners (NABCEP) for PV installation.

For residential applications, a registered home improvement contractor with the Attorney General's Office.

Underground requirements. All on-site utility, transmission, and plumbing lines shall be placed underground.

Signage. The display of advertising is prohibited except for a nameplate and identification sign under Article IX of this chapter.

Glare.

All ASES shall be placed such that concentrated solar radiation or glare does not project onto nearby properties, structures, buildings, or roadways.

The applicant has the burden of proving that any glare produced does not have a significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

Roof-mounted and wall-mounted accessory solar energy systems.

Location. A roof-mounted or wall-mounted ASES may be located on a principal or accessory building.

Setbacks.

Wall-mounted ASES shall comply with the setbacks for an accessory structure under Article IV of this chapter.[2]

Editor's Note: Former Subsection A(8)(b)[2], regarding roof-mounted ASES, which immediately followed this subsection, was repealed 12-20-2022 by Ord. No. 2022-13.

Height. ASES mounted on roofs or walls of any building shall be subject to the maximum height requirement specified for a principal building within the zoning district in which it is located.

Editor's Note: See Ch. 180, Construction Codes.

[Added 12-20-2022 by Ord. No. 2022-13]

Ground-mounted accessory solar energy systems.

Setbacks.

The minimum yard setbacks from side and rear property lines shall comply with the required setbacks for a principal structure setback of the zoning district in which it is located.

Height. Freestanding ground-mounted ASES shall not exceed 20 feet in height above the ground elevation surrounding the systems.

Maximum impervious cover.

If applicable, the applicant shall submit a stormwater management plan that demonstrates compliance with Chapter 424, Stormwater Management.

Accessory wind energy facilities (AWEF).

Noise.

The sound produced by an AWEF shall not exceed 45 dBA Lmax as measured at the property line at ground level.

Underground requirements. All on-site utility, transmission lines, and cables shall to the maximum extent possible be placed underground.

Signage. The display of advertising is prohibited, except for the identification of the manufacturer of the system.

Color. AWEF shall be painted a nonreflective, flat color such as white, off-grey or grey unless required to be colored differently by FAA or BOA regulations.

Shadow flicker. An AWEF shall not cause shadow flicker on any occupied building on a nonparticipating landowner's property.

Location. No part of any AWEF shall extend over parking areas, access drives, driveways or sidewalks.

Ice throw. The potential ice throws or ice shedding for an AWEF shall not cross the property line of the lot on which the AWEF is located nor impinge on any right-of-way or overhead utility line.

(15)

Warnings.

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers.

Visible, reflective, colored objects, such as flags, reflectors, or tape shall be place on the anchor points of guy wires and along guy wires up to a height of 10 feet above the ground.

(16)

Ground-mounted AWEF.

Minimum lot size is two acres.

Height. AWEF shall not exceed 80 feet in height.

Ground clearance. The minimum ground clearance for the AWEF shall be 80 feet.

Number of AWEF. One ground-mounted AWEF shall be permitted per lot.

Safety and security. All AWEF shall be surrounded by a six-foot-high fence if the AWEF is not otherwise rendered unclimbable up to 12 feet above the ground.

(17)

Building-mounted AWEF.

Location. Building-mounted AWEF may be located on any lot regardless of lot size.

Number of AWEF. One building-mounted AWEF shall be permitted per lot.

Compliance with codes. The applicant shall provide evidence to the City that the plans for a building-mounted AWEF comply with the Uniform Construction Code and other adopted building codes.[4]

Editor's Note: See Ch. 180, Construction Codes.

Outdoor wood-fired burners.

Installation of outdoor wood-fired burners. An outdoor wood-fired burner shall be permitted by special exception in a residential zoning district and shall installed as follows:

Located at least 100 feet from any building or occupied structure.

Installed under the Uniform Construction Code and in accordance with manufacturer's specifications and instructions.

The only substance that may be burned in an outdoor wood-fired burner is clean wood.

None of the following shall be burned in an outdoor wood-fired burner:

Any wood that does not meet the definition of clean wood;

Tires;

Lawn clippings or yard waste;

Materials containing plastic;

Materials containing rubber;

Waste petroleum products;

Paints and paint thinners;

Coal;

[9]

Any type of paper;

[10]

Construction and demolition debris;

[11]

Plywood;

[12]

Particleboard;

[13]

Salt water driftwood;

Manure;

Animal carcasses;

Asphalt products; or

Used cooking oils.

The outdoor wood-fired burner shall, at all times, be operated and maintained in accordance with the manufacturer's specifications.

The outdoor wood-fired burner shall be maintained and operated in compliance with all emissions of air quality standards promulgated by the U.S. Environmental Protection Administration (EPA).

The outdoor wood-fired burner shall not be operated before October 1 or after April 30 of each calendar year.

The installation must be inspected and approved by the Fire Chief and be installed in accordance with the fire code.

§ 575-606 Industrial uses.

Bulk fuel storage.

Bulk fuel storage, whether permitted as a principal or accessory use, shall be located on a lot of not less than two acres.

Cylinder filling rooms, pumps, compressors and truck-filling stations shall be located not less than 100 feet from all lot lines.

Heavy and light industrial.

The application shall include a detailed description of:

Industrial hemp production.

Industrial hemp production must occur in an indoor, enclosed, and secure building.

The required number of off-street parking spaces shall be one space for every 2,000 square feet of gross floor area, plus one space for every two employees on the maximum working shift.

The required number of loading spaces shall be one space for every 7,500 square feet of gross floor area. Loading areas shall be located within the principal building.

There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from an industrial hemp production facility.

Junk or salvage yard.

The premises shall at all times be maintained so as not to constitute a private or public nuisance, or adversely impact the public health, safety or welfare.

Burning or incineration of any kind shall be prohibited.

No garbage, organic waste, rubbish, toxic materials and hazardous materials shall be stored on the premises.

Whenever any motor vehicle shall be received on the premises as junk, all gasoline and oil shall be drained and removed from the vehicle and properly stored or disposed.

The storage of any combustible materials, such as gasoline, oil or related items, shall be placed in fireproof containers and stored within a fireproof building.

Stockpiling of motor vehicles is prohibited.

The premises shall contain a minimum of two access drives, each of which shall remain unobstructed at all times for emergency vehicles and be not less than 20 feet in width.

The minimum lot size shall be three acres and the maximum lot size shall be five acres.

Machine shop.

All operations excluding pickups or deliveries shall be conducted within the enclosed building.

Mineral extraction.

Signs shall be conspicuously attached to the fence every 75 feet warning the public of the nature of the operation.

An asphalt, batch or concrete plant or processing operations shall constitute a principal use, not an accessory use.

Outdoor storage.

The use of a lot for outdoor storage shall require a minimum lot area of not less than one acre.

No outdoor storage shall be permitted within a front yard.

Except for a gated and located entranceway, the storage area shall be completely enclosed from public view by means of a screened chain-link fence not less than six feet in height.

The applicant shall include a complete listing of all material to be stored on the lot at the time of application. The list shall be updated annually and filed with the City and the Zoning Officer.

Recycling collection center.

All operations, including collection, shall be conducted within a completely enclosed building.

There shall be no outdoor storage of materials used or generated by the operation.

The applicant shall explain the scope of operation, and any measures used to mitigate problems associated with noise, fumes, dust, and litter.

The applicant will assure regular maintenance of the site to assure the immediate collection of stray debris.

Solid waste facilities (including solid waste landfill, transfer and solid waste-to-energy facility).

Burning and incineration is prohibited, except for an approved waste-to-energy facility.

The lot shall at all times be maintained so as not to constitute a private or public nuisance, or adversely impact the public health, safety or welfare.

Only authorized waste is accepted;

The access drives remain unobstructed; and

Litter, garbage and rubbish is collected from the site and its surroundings on a regular daily basis prior to the closing of business on each day.

Dangerous materials such as radioactive, hazardous or infectious waste may not be stored, processed, disposed of, or incinerated on site.

Trucking terminal.

The minimum lot area shall not be less than two acres.

Access drives shall be sufficient in width to accommodate the use, but in no event exceed 24 feet in width. Access drives must connect to a public street.

Where the operation abuts a zoning district where residences are a principal permitted use, or where an existing residential dwelling unit is located, a solid wall or substantial, attractive fence not less than eight feet in height shall be constructed and maintained in good condition along such boundary line, and a buffer yard of not less than 300 feet in width must be landscaped, and maintained in good condition. No parking, loading, idling, storage of any kind, or trucking use shall be allowed within the buffer yard.

All trucks idling in excess of 15 minutes shall be prohibited.

Warehouse and distribution facilities.

All materials shall be stored within a completely enclosed building and outdoor storage of any kind is prohibited.

Access drives shall be sufficient in width to accommodate the use, but in no event shall any access drive exceed 24 feet in width.

No activities including off-street parking shall be allowed within 150 feet of a property line abutting a district having residences as a principal permitted use.

All truck idling in excess of 15 minutes shall be prohibited.

§ 575-607 Institutional uses.

Medical marijuana academic clinical research center.

Off-street parking regulations shall utilize those listed for an office.

All external lighting must be shielded in such a manner not to allow light to be emitted skyward or onto adjoining properties.

Prison or correctional facility (including juvenile and other detention facilities).

The minimum lot size shall be five acres.

All buildings must be set back not less than 150 feet from a property line and 300 feet from a street line.

School.

Passenger "dropoff" and "pickup" areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.

All buildings shall be set back at least 100 feet from any adjoining lot.

No part of the school property shall be located within 1,000 feet of a property containing an adult use, betting use, or medical, therapy or treatment facility.

§ 575-608 Recreational uses.

Recreational facility (outdoor).

The outdoor recreation activity shall be conducted no closer to any property line than the minimum required front yard for the zoning district in which the property is located.

The minimum lot size for any outdoor recreational use shall be not less than three acres.

§ 575-609 Religious uses.

Cemetery.

All cemeteries shall be enclosed by a fence, wall or shrubbery at least three feet in height.

Interior walking paths shall be provided at a minimum of four feet in width and interior roads shall have a minimum width of 12 feet for vehicular travel. All paths and roads shall be paved.

The owner must provide sufficient proof that an appropriate financial system is in place to guarantee perpetual maintenance of the cemetery, grounds, roads and pathways.

Place of worship.

A minimum lot area of not less than one acre shall be required for the use. The maximum lot coverage for all uses and buildings shall not exceed 60%.

Religious instruction and educational rooms may be permitted within the principal building as accessory uses.

§ 575-610 Residential uses.

Conversion of building into a dwelling.

A maximum total of four dwelling units may be developed per lot provided that each unit meets the minimum floor areas of Article IV, § 575-411, of this chapter.

Home occupation. A home occupation shall be a permitted use by right in any residentially zoned property, provided that the following requirements are met:

The occupation shall be carried on entirely within the principal dwelling unit not an unattached accessory structure.

No display or advertisement of products or services may be visible from outside of the dwelling.

Any storage of materials associated with the home occupation shall be within the dwelling unit. No storage of hazardous waste or flammable materials shall be permitted.

An identification sign is the only sign that is permitted. The sign may only be lit with indirect lighting.

No person other than a resident of the dwelling unit may conduct the home occupation. No nonoccupants of the dwelling may be employed.

A home occupation shall have a minimum of one off-street parking space. The off-street parking shall be in addition to the off-street parking spaces required for the dwelling unit.

No deliveries shall be permitted that require anything other than occasional parcel service, or panel truck delivery. The use shall not require delivery by tractor-trailer trucks.

A home occupation shall not involve manufacturing, other than of custom crafts and sewing.

A home occupation shall not involve commercial repair of motor vehicles.

No more than one home occupation is permitted within a dwelling unit.

A home occupation shall require a zoning permit.

No-impact home-based business. A no-impact home-based business shall be a permitted use by right in all zones, provided that the following requirements are met:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing within the dwelling unit.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including but not limited to parking, signs and lights.

The business activity may not generate any solid water or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling unit (no accessory building or structure) and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

A zoning permit is required for a no impact home-based business, but no inspection is required.

[Amended 12-20-2022 by Ord. No. 2022-13]

Manufactured home.

Placement. A manufactured home may only be placed in accordance with this subsection and only in the zoning district designated in the Use Table of Article V of this chapter.

Manufactured home community.

The minimum lot area shall be three acres, which must be under single ownership.

The maximum density shall be four homes or dwelling units per net acre.

Each manufactured home or dwelling unit and any attached accessory structures shall be at least 35 feet from another manufactured home within the community.

Access drives or driveways to individual manufactured homes shall be from interior private streets, which shall include the installation of curbing, sidewalks, and streetlights.

The minimum size for a manufactured home is 750 square feet.

[Added 12-20-2022 by Ord. No. 2022-13]

Multifamily dwelling units.

The exterior appearance of the building shall be so constructed and maintained so as to retain the residential character of the neighborhood.

Fire escapes, when required, shall be located in the rear of the building and shall not be located on any side of the building or street.

Service entrances, trash and garbage and drying yards shall be enclosed and screened from public view.

A minimum setback of 35 feet is required adjacent to a property line that adjoins an existing single-family dwelling.

Multifamily dwelling units shall have a maximum density requirement of 12 units per net acre and shall be set back a minimum of 35 feet between each multifamily dwelling building.

No more than one dish or antenna shall be permitted per dwelling unit within a residential building.

No more than two dishes or antennas shall be permitted per nonresidential building.

A satellite dish or antenna does not require a zoning permit under this chapter.

Storage and parking.

[Amended 6-11-2024 by Ord. No. 2024-9]

Short-term rentals (home and transient).

Off-street parking shall be provided on the rental property for tenants and their guests. On-street parking is prohibited.

Use or occupancy of recreational vehicles, trailers, campers and tents is prohibited.

Outdoor overnight sleeping of tenants and their guests is prohibited.

Recreational outdoor fires are prohibited.

Fireworks are prohibited.

Rentals shall comply with the City adopted edition of the International Property Maintenance Code.[1]

Editor's Note: See Ch. 350, Property Maintenance.

The maximum number of guests not staying overnight shall be limited to 50% of the maximum number of overnight occupants. The maximum occupancy limit shall be established at the time of application.

Proof of liability insurance by the owner shall be provided to the Zoning Officer as part of the permit application.

Student housing.

The principal permitted use of the building shall be student housing.

No more than one principal building shall be permitted on a lot.

No more than two persons per bedroom, with the maximum number of bedrooms not to exceed four per rental unit.

One off-street parking space shall be required for each student.

Swimming pools, ornamental ponds and wading pools.

Swimming pools generally.

Swimming pools, including spas and hot tubs, shall be located in the rear yard of a lot as an accessory structure or use.

In-ground swimming pools.

Aboveground or on-ground swimming pools.

Other regulations. Swimming pools shall conform to all manufacturer recommendations and specifications and all other state and federal regulations.

Ornamental ponds or wading pools. Ornamental ponds and wading pools are permitted accessory residential uses permitted by right, provided that they comply with the following:

No such impoundment shall contain more than 500 gallons. No such impoundment shall have a length or diameter exceeding 10 feet nor a maximum depth exceeding two feet.

All such ponds or wading pools shall be maintained so as to not pose a nuisance by reason of odor or the harboring of insects.

No ponds shall be used for the commercial hatching of fish or other species.

Tiny homes and tiny home developments.

[Added 12-20-2022 by Ord. No. 2022-13]

A tiny home shall have an exterior width of not less than 12 feet and a floor area of not less than 500 square feet.

A tiny home shall have a gross floor area of not be less than 80 square feet per occupant, but in no case more than a total of 750 square feet.

The sleeping room area of a tiny home shall not be less than 120 square feet.

A tiny home ceiling height shall not be less than eight feet and the maximum home height may not be more than 25 feet.

A tiny home shall be serviced with public water and sewer and must include functional cooking, sleeping, toiletry, and living areas that support normal daily residential activities.

Tiny homes on wheels shall:

Not be designed to move under their own power.

Each tiny home lot within a tiny home development shall meet the following dimensional requirements:

A minimum lot size of 3,500 square feet.

Lot coverage shall not exceed 40%.

Minimum lot width may not be less than 30 feet.

Minimum lot setbacks for a tiny home within a tiny home development only shall be not less than 20 feet from a front yard, five feet from a side yard, and 15 feet from a rear yard.

§ 575-611 Storage containers and dumpsters.

Containers for personal property and donated items.

A container shall meet the minimum setbacks for an accessory nonresidential building under Article IV of this chapter.

All containers shall be made of galvanized steel or other similar durable material and securely fastened to prevent movement while being stored on a lot.

A container may not be placed within a public right-of-way, access drive, required parking space, or required loading zone.

A container may not be located closer than 1,000 feet from another container.

Dumpsters.

All dumpsters being stored on a lot for regular trash pickup shall be located in a side or rear yard, screened from adjoining streets and properties.

Hazardous waste shall not be stored in a dumpster.

Dumpsters must be placed so they do not block the view of any motorist pulling into a street.

When a dumpster is full to its capacity, it must be removed within 72 hours of that occurrence.

No overflow of any trash shall be permitted from the dumpster, nor shall any accumulation of any trash next to the dumpster be permitted.

§ 575-612 Utilities.

Communication tower on a building or structure.

An application for a communication antenna to be mounted on a building or structure shall submit:

Detailed construction and elevation drawings indicating how the antennas will be mounted on the building or structure for review for compliance with the applicable building code; and

A communication equipment building shall be subject to the height and setback requirements of the applicable zoning district for accessory structures.

The owner or operator of communication antennas must be licensed by the Federal Communication Commission to operate such antennas.

Communications towers, standing alone.

The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost;

Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to perform its intended function;

A commercially reasonable agreement could not be reached with the owners of such structures.

The base of a communication tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.

The communications equipment building shall comply with the required setbacks and height requirements of the applicable zoning district for an accessory building.

All guy wires associated with the guyed communication tower shall be clearly marked so as to be visible at all times and shall be included within a fenced enclosure.

The proposed equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at a reasonable cost.

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

A commercially reasonable agreement could not be reached with the owners of such structures.

Small wireless communication facility, small cell installation.

Co-location; new tower. The Zoning Hearing Board may require the applicant to demonstrate that the applicant contacted, in writing, the owners of tall structures within a five-mile radius of the site proposed, asked for permission to install the small wireless communication facility on those structures, and was denied. This would include smokestacks, water towers, tall buildings, small wireless communication facility support structures of other cellular phone companies, other communications towers (fire, police, etc.) and other tall structures. The Zoning Hearing Board may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the small wireless communication facility on an existing structure, thereby documenting that there exists no other support structure which can reasonably serve the needs of the owner of the proposed small wireless communication facility. A good faith effort shall demonstrate that one or more of the following reasons apply to a particular structure:

The proposed equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at a reasonable cost.

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

A commercially reasonable agreement could not be reached with the owners of such structures.

Small wireless communication facility height; design.

Minimum height. A small wireless communication facility shall not be more than 50 feet in height. The small wireless communication facility shall comply with any applicable airport hazard ordinance.

Residential dwellings. Support structures shall be separated from residential dwellings on adjacent or proximate properties by not less than two times the height of the structure.

Landscaping. Existing vegetation on and around the site shall be preserved to the greatest extent possible.

Public utilities.

When the facility is located within a residential area, it shall be designed in such a manner as to conform to the characteristics of the neighborhood.

Hazleton City Zoning Code

ARTICLE VI

Supplemental Regulations

§ 575-601 Applicability.

§ 575-602 Agricultural, growing and timber-related uses.

Agricultural operations.

All structures associated with the agricultural operation shall be set back a minimum of 150 feet from all lot lines.

Editor's Note: See 3 Pa.C.S.A. § 501 et seq.

Editor's Note: See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.

All agricultural operations shall be designed and maintained so that water and fertilizer will not drain onto adjacent lots.

All agricultural operations shall comply with applicable standards of the most recent version of the Pennsylvania Manure Management Manual, as amended.

Agribusinesses. The following supplemental regulations shall be applicable for the proposed use of an agricultural property for an agribusiness:

Minimum lot size and width.

Lot size: 10 acres.

Lot width: 400 feet.

Setback distances. Activities (including parking areas) or structures shall comply with the following minimum setback distances:

Front yard is 50 feet.

Side yard is 100 feet.

Rear yard is 100 feet.

Ancillary features of a property may include:

The use of a portion of the property for the temporary placement of campers, horse trailers and recreational vehicles as related to planned events upon the property.

The sale of both prepared food products and fresh farm produce and accessory products that support the specific agribusiness such as leather tack products, saddles, boots and western wear.

Maximum lot coverage.

Maximum building coverage is 20%.

Maximum impervious surface is 30%.

Forestry or timber harvesting.

Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails, and log landings;

Design, construction and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars;

Design, construction and maintenance of stream and wetland crossings;

A stand prescription for each stand located in the proposed harvest area;

The general location of the proposed operation in relationship to streets and highways; and

The following timber harvesting practices shall be observed:

No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining property.

No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner.

Litter resulting from a timber harvesting operation shall be removed from the site before the operator vacates it.

A buffer strip of at least 50 feet must be maintained along any road, stream, or recognized recreational trail.

Timber operations and related activities shall be conducted only between the hours of 7:00 a.m. and 7:00 p.m.

Soil carried or washed onto public streets during the operation shall be removed daily.

Growing and processing of hemp.

Any growing of hemp located within 1,000 feet of a residential zoning district (R-1, R-2 and R-3) or residential use shall be conducted inside a building.

Growing and processing of hemp shall comply with the requirements of the general permit issued or approved by the Pennsylvania Department of Agriculture.

Industrial hemp production shall not occur on the same property where the growing and processing of hemp occurs.

Medical marijuana grower and processor.

Editor's Note: See 35 P.S. § 10231.2107(1).

Storage of medical marijuana waste remnants in an accessory building or waste refuse container located outside of the principal building is prohibited.

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

The required number of off-street parking spaces shall be one space for every 2,000 square feet of gross floor area, plus one space for every two employees on the maximum working shift.

The required number of loading spaces shall be one space for every 7,500 square feet of gross floor area. Loading areas shall be located within the principal building.

There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from a grower and processor facility.

A grower and processor of medical marijuana must be legally registered with the Commonwealth of Pennsylvania and possess a current and valid permit from DOH.

Sawmill or lumber yard.

The building must be located not less than 150 feet from a lot line.

Water withdrawal.

Loading and unloading areas shall be set back a minimum of 150 feet from any adjacent residential use or zone.

Minimum lot area: 10 acres.

Any bottling plant shall be considered a separate industrial use and shall only be permitted as a heavy industrial use.

§ 575-603 Animal-related uses.

Animal hospital.

An animal clinic or hospital shall maintain all activities within a completely enclosed soundproof building, and no objectionable odors shall be vented outside the building.

Animal kennel.

Animals must be kept within an enclosed building, except for runways that must be fenced.

Keeping of bees.

Beekeeping facilities shall be set back a minimum of 40 feet from any lot line and must be fenced within 100 feet of a lot line.

Signs shall be erected to warn the public of the presence of bees.

The facility must be operated in such a manner as to prevent bees from entering streets, sidewalks or other properties.

Beekeeping facilities are only permitted in the GI Zone with a zoning permit.

Keeping of chickens.

No more than six chickens are permitted on a property.

No roosters are permitted on a property.

All chickens must be housed in a predator-resistant structure with access to outdoor spaces secured to prevent them from leaving the property.

All structures and runs shall be set back at least 20 feet from an adjoining property and public street.

Slaughtering of chickens is prohibited.

Keeping of chickens are only permitted in the GI Zone with a zoning permit.

Keeping of agricultural animals and livestock. No agricultural animals, farm animal, or other livestock shall be permitted on any property except as part of a permitted agricultural operation.

Keeping of domestic pets.

The keeping of domestic pets is permitted by right in all zoning districts without a zoning permit.

Pets shall not be kept in such a manner as to create a serious nuisance (including odor or noise), a health or public safety hazard.

The owner of the pet shall be responsible for collecting and properly disposing of all fecal matter on a regular weekly basis.

No dangerous pet shall be kept outdoors except within a secure enclosure.

No more than a total of five dogs and cats (or any combination of dogs and cats) shall be permitted on a lot or within a dwelling except for an approved animal kennel.

No more than four small birds, gerbils, rabbits or other small animals commonly sold in retail pet stores (or any combination of animals) shall be permitted.

Animal day care.

Recreation must be provided by the operator for the domestic pets.

A maximum of 15 domestic pets shall be permitted per property.

§ 575-604 Commercial uses.

Adult uses.

No pornographic material, display or words shall be placed in view of persons who are not inside the establishment.

Airport or heliport.

A minimum lot size of five acres shall be required for a heliport, and 10 acres for an airport.

Bulk fuel storage shall not be permitted for a heliport but may be permitted for an airport as a second principal use under this chapter.

An aviation permit issued by the Pennsylvania Department of Transportation shall first be obtained before making an application for a zoning permit.

Automobile-related uses.

Repair garage.

All repairs and painting shall be conducted within an enclosed building. Spray booths shall have ventilation systems that direct fumes away from adjacent properties and buildings.

No outdoor storage of materials shall be permitted. Temporary outdoor parking of customer vehicles is permitted.

Service bay doors shall be closed when repairs are being performed. Service bay doors on new buildings shall front on a public street.

Car wash.

Water from the car wash shall not flow onto sidewalks or streets in such a manner as to negatively impact pedestrian and vehicular travel.

Minimum lot size: five acres, which may be reduced to one acre if the applicant proves that the water will be recycled on-site.

Access drives and parking aisles shall be designed so as not to cause traffic hazards on streets. On-lot traffic circulation channels and parking areas shall be clearly marked.

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

Commercial/residential related uses.

Bed-and-breakfast.

A bed-and-breakfast shall be conducted within a dwelling unit.

Guests shall not be permitted to stay for more than four weeks in any given year.

No display or advertising shall be permitted except for a permitted identification sign.

Boarding or rooming houses.

A boarding or rooming house shall serve no more than 12 persons.

Each bedroom shall be limited to no more than two adults.

Rooms shall be rented for a minimum of one week.

The owner shall also reside in the boarding or rooming house.

A buffer yard with screening under Article X shall be provided where the building adjoins a residential dwelling unit.

Child-care center or family-care homes.

An outdoor play area, which is equal to at least 20% of the total gross floor area for the child care, shall be required.

The outdoor play area shall be set back a minimum of 25 feet when adjoining a dwelling unit.

The outdoor play areas shall be completely enclosed with a fence at least six feet in height. A locked gate shall be provided when the play area is accessible to a public access area.

Outdoor play activities shall be limited to the hours of 9:00 a.m. and 5:00 p.m. local time.

The use shall not be conducted in dwelling that is physically attached to another dwelling that does not have a common owner.

The exterior appearance shall be maintained so that it is compatible with existing dwellings in the neighborhood.

Group home.

The exterior appearance of the group home shall be residential in nature.

A group home shall not include any use meeting the definition of a treatment center.

The applicant shall provide evidence of state licensing or certification.

Hotel and motel.

The use shall have a minimum lot area of two acres.

The building shall contain at least 10 guest sleeping rooms not less than 250 square feet per sleeping room.

No less than 60% of the gross floor area of the building shall be devoted to sleeping rooms.

All buildings and structures shall be located not less than 60 feet from a front yard line, 35 feet from all side yard lines, and 50 feet from the rear yard line.

All areas not used for access, parking circulation, buildings and services shall be completely and permanently landscaped and the entire site maintained in good condition.

Drive-in or -through facilities.

One hundred feet queue length for:

Carwash as an accessory use.

A use that has a call box for access.

Pharmacy pickup or dropoff window.

One hundred fifty feet queue length for standalone ATM.

Two hundred fifty feet queue length for:

Drive-through restaurant.

Bank or financial institution.

Three hundred feet queue length for:

Standalone car wash.

Drive-through oil change facility.

Medical uses.

Health care campus.

The maximum percent of lot coverage shall be 50% for all principal and accessory buildings excluding parking structures.

The maximum height for buildings shall be 40 feet.

The minimum lot size shall be five acres.

All buildings and parking structures shall be set back a minimum of 75 feet from all lot lines.

The minimum setbacks shall be applied only to the perimeter of the campus, and the minimum setback between individual buildings on a health care campus shall be 40 feet.

In no case shall a public right-of-way be used for parking, loading, unloading, or storage of commercial vehicles.

At least two access drives with a minimum width of 24 feet each shall be provided, each from a public street.

Medical, therapy, or treatment facilities.

The facility must be supervised and secured in such a manner as to adequately protect the safety of the general public.

The application must state the conditions that will cause persons to occupy the facility and the manner in which the facility will be supervised and secured.

Medical marijuana delivery vehicle office.

Off-street parking regulations shall utilize those listed for an office.

The parking area where the delivery vehicles are to be stored shall be screened with a visually solid, tight fence. A fence plan shall be required as part of the application for conditional use.

Entrances and driveways must be designed to accommodate the anticipated vehicles used to enter and exit the premises.

Medical marijuana dispensary.

Editor's Note: See 35 P.S. § 10231.2107(2).

A medical marijuana dispensary may not operate on the same property as a grower and processor of medical marijuana.

A medical marijuana dispensary may only dispense medical marijuana to patients and caregivers.

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

Permitted hours of operation shall be between 8:00 a.m. to 9:00 p.m. daily.

All external lighting serving medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

The required number of off-street parking spaces shall be one space for every 300 square feet of gross floor area.

The required number of loading spaces shall be one space for every 10,000 square feet of gross floor area or fraction thereof.

(j)

The user shall obtain a permit and approval from the DOH and provide a copy to the City.

Treatment facility or treatment center, outpatient.

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

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

Nightclub.

[Amended 12-20-2022 by Ord. No. 2022-13]

The use shall be not less than 200 feet from any residential use, place of worship, public use, school or child-care center.

A fence or buffer under Article X shall be provided along any lot line adjoining a lot that is being used for residential purposes, place of worship, public use, school or child-care center.

Retail sales or wholesale services.

Generally. Any use providing retail sales shall be conducted within a completely enclosed building, except for permitted sidewalk sales. No outdoor storage or display is permitted.

Flea markets.

All outdoor display and sale of merchandise shall commence no earlier than one hour before sunrise and cease no later than one hour prior to sunset.

The retail sales area shall be set back at least 25 feet from all lot lines.

The retail sales area shall be calculated as part of the maximum lot coverage regardless of its surface material.

Self-storage facilities.

All storage shall be contained within a completely enclosed building.

The maximum length of any building shall not exceed 300 feet.

No activities including off-street parking shall be allowed within 30 feet of a property line abutting a district having residences as a principal permitted use.

§ 575-605 Energy-related accessory uses.

Accessory solar energy systems (ASES).

Editor's Note: See Ch. 180, Construction Codes.

Is certified by the North American Board of Certified Energy Practitioners (NABCEP) for PV installation.

For residential applications, a registered home improvement contractor with the Attorney General's Office.

Underground requirements. All on-site utility, transmission, and plumbing lines shall be placed underground.

Signage. The display of advertising is prohibited except for a nameplate and identification sign under Article IX of this chapter.

Glare.

All ASES shall be placed such that concentrated solar radiation or glare does not project onto nearby properties, structures, buildings, or roadways.

The applicant has the burden of proving that any glare produced does not have a significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

Roof-mounted and wall-mounted accessory solar energy systems.

Location. A roof-mounted or wall-mounted ASES may be located on a principal or accessory building.

Setbacks.

Wall-mounted ASES shall comply with the setbacks for an accessory structure under Article IV of this chapter.[2]

Editor's Note: Former Subsection A(8)(b)[2], regarding roof-mounted ASES, which immediately followed this subsection, was repealed 12-20-2022 by Ord. No. 2022-13.

Height. ASES mounted on roofs or walls of any building shall be subject to the maximum height requirement specified for a principal building within the zoning district in which it is located.

Editor's Note: See Ch. 180, Construction Codes.

[Added 12-20-2022 by Ord. No. 2022-13]

Ground-mounted accessory solar energy systems.

Setbacks.

The minimum yard setbacks from side and rear property lines shall comply with the required setbacks for a principal structure setback of the zoning district in which it is located.

Height. Freestanding ground-mounted ASES shall not exceed 20 feet in height above the ground elevation surrounding the systems.

Maximum impervious cover.

If applicable, the applicant shall submit a stormwater management plan that demonstrates compliance with Chapter 424, Stormwater Management.

Accessory wind energy facilities (AWEF).

Noise.

The sound produced by an AWEF shall not exceed 45 dBA Lmax as measured at the property line at ground level.

Underground requirements. All on-site utility, transmission lines, and cables shall to the maximum extent possible be placed underground.

Signage. The display of advertising is prohibited, except for the identification of the manufacturer of the system.

Color. AWEF shall be painted a nonreflective, flat color such as white, off-grey or grey unless required to be colored differently by FAA or BOA regulations.

Shadow flicker. An AWEF shall not cause shadow flicker on any occupied building on a nonparticipating landowner's property.

Location. No part of any AWEF shall extend over parking areas, access drives, driveways or sidewalks.

Ice throw. The potential ice throws or ice shedding for an AWEF shall not cross the property line of the lot on which the AWEF is located nor impinge on any right-of-way or overhead utility line.

(15)

Warnings.

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers.

Visible, reflective, colored objects, such as flags, reflectors, or tape shall be place on the anchor points of guy wires and along guy wires up to a height of 10 feet above the ground.

(16)

Ground-mounted AWEF.

Minimum lot size is two acres.

Height. AWEF shall not exceed 80 feet in height.

Ground clearance. The minimum ground clearance for the AWEF shall be 80 feet.

Number of AWEF. One ground-mounted AWEF shall be permitted per lot.

Safety and security. All AWEF shall be surrounded by a six-foot-high fence if the AWEF is not otherwise rendered unclimbable up to 12 feet above the ground.

(17)

Building-mounted AWEF.

Location. Building-mounted AWEF may be located on any lot regardless of lot size.

Number of AWEF. One building-mounted AWEF shall be permitted per lot.

Compliance with codes. The applicant shall provide evidence to the City that the plans for a building-mounted AWEF comply with the Uniform Construction Code and other adopted building codes.[4]

Editor's Note: See Ch. 180, Construction Codes.

Outdoor wood-fired burners.

Installation of outdoor wood-fired burners. An outdoor wood-fired burner shall be permitted by special exception in a residential zoning district and shall installed as follows:

Located at least 100 feet from any building or occupied structure.

Installed under the Uniform Construction Code and in accordance with manufacturer's specifications and instructions.

The only substance that may be burned in an outdoor wood-fired burner is clean wood.

None of the following shall be burned in an outdoor wood-fired burner:

Any wood that does not meet the definition of clean wood;

Tires;

Lawn clippings or yard waste;

Materials containing plastic;

Materials containing rubber;

Waste petroleum products;

Paints and paint thinners;

Coal;

[9]

Any type of paper;

[10]

Construction and demolition debris;

[11]

Plywood;

[12]

Particleboard;

[13]

Salt water driftwood;

Manure;

Animal carcasses;

Asphalt products; or

Used cooking oils.

The outdoor wood-fired burner shall, at all times, be operated and maintained in accordance with the manufacturer's specifications.

The outdoor wood-fired burner shall be maintained and operated in compliance with all emissions of air quality standards promulgated by the U.S. Environmental Protection Administration (EPA).

The outdoor wood-fired burner shall not be operated before October 1 or after April 30 of each calendar year.

The installation must be inspected and approved by the Fire Chief and be installed in accordance with the fire code.

§ 575-606 Industrial uses.

Bulk fuel storage.

Bulk fuel storage, whether permitted as a principal or accessory use, shall be located on a lot of not less than two acres.

Cylinder filling rooms, pumps, compressors and truck-filling stations shall be located not less than 100 feet from all lot lines.

Heavy and light industrial.

The application shall include a detailed description of:

Industrial hemp production.

Industrial hemp production must occur in an indoor, enclosed, and secure building.

The required number of off-street parking spaces shall be one space for every 2,000 square feet of gross floor area, plus one space for every two employees on the maximum working shift.

The required number of loading spaces shall be one space for every 7,500 square feet of gross floor area. Loading areas shall be located within the principal building.

There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from an industrial hemp production facility.

Junk or salvage yard.

The premises shall at all times be maintained so as not to constitute a private or public nuisance, or adversely impact the public health, safety or welfare.

Burning or incineration of any kind shall be prohibited.

No garbage, organic waste, rubbish, toxic materials and hazardous materials shall be stored on the premises.

Whenever any motor vehicle shall be received on the premises as junk, all gasoline and oil shall be drained and removed from the vehicle and properly stored or disposed.

The storage of any combustible materials, such as gasoline, oil or related items, shall be placed in fireproof containers and stored within a fireproof building.

Stockpiling of motor vehicles is prohibited.

The premises shall contain a minimum of two access drives, each of which shall remain unobstructed at all times for emergency vehicles and be not less than 20 feet in width.

The minimum lot size shall be three acres and the maximum lot size shall be five acres.

Machine shop.

All operations excluding pickups or deliveries shall be conducted within the enclosed building.

Mineral extraction.

Signs shall be conspicuously attached to the fence every 75 feet warning the public of the nature of the operation.

An asphalt, batch or concrete plant or processing operations shall constitute a principal use, not an accessory use.

Outdoor storage.

The use of a lot for outdoor storage shall require a minimum lot area of not less than one acre.

No outdoor storage shall be permitted within a front yard.

Except for a gated and located entranceway, the storage area shall be completely enclosed from public view by means of a screened chain-link fence not less than six feet in height.

The applicant shall include a complete listing of all material to be stored on the lot at the time of application. The list shall be updated annually and filed with the City and the Zoning Officer.

Recycling collection center.

All operations, including collection, shall be conducted within a completely enclosed building.

There shall be no outdoor storage of materials used or generated by the operation.

The applicant shall explain the scope of operation, and any measures used to mitigate problems associated with noise, fumes, dust, and litter.

The applicant will assure regular maintenance of the site to assure the immediate collection of stray debris.

Solid waste facilities (including solid waste landfill, transfer and solid waste-to-energy facility).

Burning and incineration is prohibited, except for an approved waste-to-energy facility.

The lot shall at all times be maintained so as not to constitute a private or public nuisance, or adversely impact the public health, safety or welfare.

Only authorized waste is accepted;

The access drives remain unobstructed; and

Litter, garbage and rubbish is collected from the site and its surroundings on a regular daily basis prior to the closing of business on each day.

Dangerous materials such as radioactive, hazardous or infectious waste may not be stored, processed, disposed of, or incinerated on site.

Trucking terminal.

The minimum lot area shall not be less than two acres.

Access drives shall be sufficient in width to accommodate the use, but in no event exceed 24 feet in width. Access drives must connect to a public street.

Where the operation abuts a zoning district where residences are a principal permitted use, or where an existing residential dwelling unit is located, a solid wall or substantial, attractive fence not less than eight feet in height shall be constructed and maintained in good condition along such boundary line, and a buffer yard of not less than 300 feet in width must be landscaped, and maintained in good condition. No parking, loading, idling, storage of any kind, or trucking use shall be allowed within the buffer yard.

All trucks idling in excess of 15 minutes shall be prohibited.

Warehouse and distribution facilities.

All materials shall be stored within a completely enclosed building and outdoor storage of any kind is prohibited.

Access drives shall be sufficient in width to accommodate the use, but in no event shall any access drive exceed 24 feet in width.

No activities including off-street parking shall be allowed within 150 feet of a property line abutting a district having residences as a principal permitted use.

All truck idling in excess of 15 minutes shall be prohibited.

§ 575-607 Institutional uses.

Medical marijuana academic clinical research center.

Off-street parking regulations shall utilize those listed for an office.

All external lighting must be shielded in such a manner not to allow light to be emitted skyward or onto adjoining properties.

Prison or correctional facility (including juvenile and other detention facilities).

The minimum lot size shall be five acres.

All buildings must be set back not less than 150 feet from a property line and 300 feet from a street line.

School.

Passenger "dropoff" and "pickup" areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.

All buildings shall be set back at least 100 feet from any adjoining lot.

No part of the school property shall be located within 1,000 feet of a property containing an adult use, betting use, or medical, therapy or treatment facility.

§ 575-608 Recreational uses.

Recreational facility (outdoor).

The outdoor recreation activity shall be conducted no closer to any property line than the minimum required front yard for the zoning district in which the property is located.

The minimum lot size for any outdoor recreational use shall be not less than three acres.

§ 575-609 Religious uses.

Cemetery.

All cemeteries shall be enclosed by a fence, wall or shrubbery at least three feet in height.

Interior walking paths shall be provided at a minimum of four feet in width and interior roads shall have a minimum width of 12 feet for vehicular travel. All paths and roads shall be paved.

The owner must provide sufficient proof that an appropriate financial system is in place to guarantee perpetual maintenance of the cemetery, grounds, roads and pathways.

Place of worship.

A minimum lot area of not less than one acre shall be required for the use. The maximum lot coverage for all uses and buildings shall not exceed 60%.

Religious instruction and educational rooms may be permitted within the principal building as accessory uses.

§ 575-610 Residential uses.

Conversion of building into a dwelling.

A maximum total of four dwelling units may be developed per lot provided that each unit meets the minimum floor areas of Article IV, § 575-411, of this chapter.

Home occupation. A home occupation shall be a permitted use by right in any residentially zoned property, provided that the following requirements are met:

The occupation shall be carried on entirely within the principal dwelling unit not an unattached accessory structure.

No display or advertisement of products or services may be visible from outside of the dwelling.

Any storage of materials associated with the home occupation shall be within the dwelling unit. No storage of hazardous waste or flammable materials shall be permitted.

An identification sign is the only sign that is permitted. The sign may only be lit with indirect lighting.

No person other than a resident of the dwelling unit may conduct the home occupation. No nonoccupants of the dwelling may be employed.

A home occupation shall have a minimum of one off-street parking space. The off-street parking shall be in addition to the off-street parking spaces required for the dwelling unit.

No deliveries shall be permitted that require anything other than occasional parcel service, or panel truck delivery. The use shall not require delivery by tractor-trailer trucks.

A home occupation shall not involve manufacturing, other than of custom crafts and sewing.

A home occupation shall not involve commercial repair of motor vehicles.

No more than one home occupation is permitted within a dwelling unit.

A home occupation shall require a zoning permit.

No-impact home-based business. A no-impact home-based business shall be a permitted use by right in all zones, provided that the following requirements are met:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing within the dwelling unit.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including but not limited to parking, signs and lights.

The business activity may not generate any solid water or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling unit (no accessory building or structure) and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

A zoning permit is required for a no impact home-based business, but no inspection is required.

[Amended 12-20-2022 by Ord. No. 2022-13]

Manufactured home.

Placement. A manufactured home may only be placed in accordance with this subsection and only in the zoning district designated in the Use Table of Article V of this chapter.

Manufactured home community.

The minimum lot area shall be three acres, which must be under single ownership.

The maximum density shall be four homes or dwelling units per net acre.

Each manufactured home or dwelling unit and any attached accessory structures shall be at least 35 feet from another manufactured home within the community.

Access drives or driveways to individual manufactured homes shall be from interior private streets, which shall include the installation of curbing, sidewalks, and streetlights.

The minimum size for a manufactured home is 750 square feet.

[Added 12-20-2022 by Ord. No. 2022-13]

Multifamily dwelling units.

The exterior appearance of the building shall be so constructed and maintained so as to retain the residential character of the neighborhood.

Fire escapes, when required, shall be located in the rear of the building and shall not be located on any side of the building or street.

Service entrances, trash and garbage and drying yards shall be enclosed and screened from public view.

A minimum setback of 35 feet is required adjacent to a property line that adjoins an existing single-family dwelling.

Multifamily dwelling units shall have a maximum density requirement of 12 units per net acre and shall be set back a minimum of 35 feet between each multifamily dwelling building.

No more than one dish or antenna shall be permitted per dwelling unit within a residential building.

No more than two dishes or antennas shall be permitted per nonresidential building.

A satellite dish or antenna does not require a zoning permit under this chapter.

Storage and parking.

[Amended 6-11-2024 by Ord. No. 2024-9]

Short-term rentals (home and transient).

Off-street parking shall be provided on the rental property for tenants and their guests. On-street parking is prohibited.

Use or occupancy of recreational vehicles, trailers, campers and tents is prohibited.

Outdoor overnight sleeping of tenants and their guests is prohibited.

Recreational outdoor fires are prohibited.

Fireworks are prohibited.

Rentals shall comply with the City adopted edition of the International Property Maintenance Code.[1]

Editor's Note: See Ch. 350, Property Maintenance.

The maximum number of guests not staying overnight shall be limited to 50% of the maximum number of overnight occupants. The maximum occupancy limit shall be established at the time of application.

Proof of liability insurance by the owner shall be provided to the Zoning Officer as part of the permit application.

Student housing.

The principal permitted use of the building shall be student housing.

No more than one principal building shall be permitted on a lot.

No more than two persons per bedroom, with the maximum number of bedrooms not to exceed four per rental unit.

One off-street parking space shall be required for each student.

Swimming pools, ornamental ponds and wading pools.

Swimming pools generally.

Swimming pools, including spas and hot tubs, shall be located in the rear yard of a lot as an accessory structure or use.

In-ground swimming pools.

Aboveground or on-ground swimming pools.

Other regulations. Swimming pools shall conform to all manufacturer recommendations and specifications and all other state and federal regulations.

Ornamental ponds or wading pools. Ornamental ponds and wading pools are permitted accessory residential uses permitted by right, provided that they comply with the following:

No such impoundment shall contain more than 500 gallons. No such impoundment shall have a length or diameter exceeding 10 feet nor a maximum depth exceeding two feet.

All such ponds or wading pools shall be maintained so as to not pose a nuisance by reason of odor or the harboring of insects.

No ponds shall be used for the commercial hatching of fish or other species.

Tiny homes and tiny home developments.

[Added 12-20-2022 by Ord. No. 2022-13]

A tiny home shall have an exterior width of not less than 12 feet and a floor area of not less than 500 square feet.

A tiny home shall have a gross floor area of not be less than 80 square feet per occupant, but in no case more than a total of 750 square feet.

The sleeping room area of a tiny home shall not be less than 120 square feet.

A tiny home ceiling height shall not be less than eight feet and the maximum home height may not be more than 25 feet.

A tiny home shall be serviced with public water and sewer and must include functional cooking, sleeping, toiletry, and living areas that support normal daily residential activities.

Tiny homes on wheels shall:

Not be designed to move under their own power.

Each tiny home lot within a tiny home development shall meet the following dimensional requirements:

A minimum lot size of 3,500 square feet.

Lot coverage shall not exceed 40%.

Minimum lot width may not be less than 30 feet.

Minimum lot setbacks for a tiny home within a tiny home development only shall be not less than 20 feet from a front yard, five feet from a side yard, and 15 feet from a rear yard.

§ 575-611 Storage containers and dumpsters.

Containers for personal property and donated items.

A container shall meet the minimum setbacks for an accessory nonresidential building under Article IV of this chapter.

All containers shall be made of galvanized steel or other similar durable material and securely fastened to prevent movement while being stored on a lot.

A container may not be placed within a public right-of-way, access drive, required parking space, or required loading zone.

A container may not be located closer than 1,000 feet from another container.

Dumpsters.

All dumpsters being stored on a lot for regular trash pickup shall be located in a side or rear yard, screened from adjoining streets and properties.

Hazardous waste shall not be stored in a dumpster.

Dumpsters must be placed so they do not block the view of any motorist pulling into a street.

When a dumpster is full to its capacity, it must be removed within 72 hours of that occurrence.

No overflow of any trash shall be permitted from the dumpster, nor shall any accumulation of any trash next to the dumpster be permitted.

§ 575-612 Utilities.

Communication tower on a building or structure.

An application for a communication antenna to be mounted on a building or structure shall submit:

Detailed construction and elevation drawings indicating how the antennas will be mounted on the building or structure for review for compliance with the applicable building code; and

A communication equipment building shall be subject to the height and setback requirements of the applicable zoning district for accessory structures.

The owner or operator of communication antennas must be licensed by the Federal Communication Commission to operate such antennas.

Communications towers, standing alone.

The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost;

Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to perform its intended function;

A commercially reasonable agreement could not be reached with the owners of such structures.

The base of a communication tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.

The communications equipment building shall comply with the required setbacks and height requirements of the applicable zoning district for an accessory building.

All guy wires associated with the guyed communication tower shall be clearly marked so as to be visible at all times and shall be included within a fenced enclosure.

The proposed equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at a reasonable cost.

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

A commercially reasonable agreement could not be reached with the owners of such structures.

Small wireless communication facility, small cell installation.

Co-location; new tower. The Zoning Hearing Board may require the applicant to demonstrate that the applicant contacted, in writing, the owners of tall structures within a five-mile radius of the site proposed, asked for permission to install the small wireless communication facility on those structures, and was denied. This would include smokestacks, water towers, tall buildings, small wireless communication facility support structures of other cellular phone companies, other communications towers (fire, police, etc.) and other tall structures. The Zoning Hearing Board may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the small wireless communication facility on an existing structure, thereby documenting that there exists no other support structure which can reasonably serve the needs of the owner of the proposed small wireless communication facility. A good faith effort shall demonstrate that one or more of the following reasons apply to a particular structure:

The proposed equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at a reasonable cost.

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

A commercially reasonable agreement could not be reached with the owners of such structures.

Small wireless communication facility height; design.