Hughesville City Zoning Code
PART 4
SUPPLEMENTARY USE REGULATIONS
§ 401 Purpose and Applicability.
[Ord. 8-1994, 12/12/1994, § 400]
The purpose of this Part is to supplement the district regulations contained in Part 3 with additional requirements applicable to certain specific uses. Therefore, in addition to those standards outlined in Part 3, the following regulations shall apply to the identified uses.
§ 402 Prohibited Uses.
[Ord. 8-1994, 12/12/1994, § 401]
Any use not otherwise expressly permitted in any district shall be prohibited. If an individual desires to undertake an activity not expressly permitted, he may request the Borough Council to consider amending the chapter to permit such a use. (See § 1101 for amendment process.)
§ 403 Dwelling Units.
[Ord. 8-1994, 12/12/1994, § 402; as amended by Ord. 6-2007, 10/8/2007]
All dwelling units, including single family, two-family, and multifamily units shall adhere to the following requirements:
A.
Every dwelling unit shall conform to all applicable building, housing, electrical and plumbing codes in effect in the Borough or as may hereafter be enacted.
B.
Every dwelling unit shall be placed upon and firmly anchored to a permanent foundation. A permanent foundation shall consist of masonry construction placed upon footers set below the frost line or other technique or methodology of demonstrated capability.
D.
Every single-family dwelling unit (whether attached or detached) must contain a minimum of 750 square feet of gross floor area.
§ 404 Mobile Homes on Individual Lots.
[Ord. 8-1994, 12/12/1994, § 403]
A mobile home may be permitted to be placed on an individual lot as a permanent independent dwelling unit only as provided in Part 3. (See § 426(2) for mobile homes to be used as temporary quarters.) When reviewing applications for such proposals, the Borough shall utilize the following criteria and may require additional information to be submitted where it feels such is necessary to adequately protect the health, safety and welfare of the Borough residents:
A.
Every lot to be used for the placement of a permanent mobile home shall have a gross area at least equal to the minimum lot size for the district in which it is located. In addition, the unit must be situated on the lot to meet the applicable minimum setback line requirements.
B.
Every permanent mobile home shall meet the minimum standards of all local building, housing, electrical, plumbing and other codes in effect in the Borough or as may hereafter be enacted.
C.
Every permanent mobile home shall be placed upon a foundation. Such foundation shall consist of no less than footers or masonry construction set below the frost line and shall be constructed to leave no unnecessary open space between the mobile home and the foundation, except for windows or other openings as might be necessary for purposes such as floodproofing.
D.
Every permanent mobile home shall be firmly anchored to its foundation prior to the unit being occupied or used in order to prevent overturning or uplift. The mobile home foundation shall be provided with anchors and tie-downs, such as cast-in-place concrete "deadman" eyelets embedded in concrete or runways, screw augers or arrow head anchors. The anchoring system shall be designed to resist a minimum wind velocity of at least 90 miles per hour.
E.
Every permanent mobile home shall have a continuous wall around its entire perimeter. The wall shall be constructed in accordance with one of the following methods:
(1)
Wall. A wall may be constructed of concrete or masonry and shall extend from the unit floor system to concrete footing below the subgrade frost line; i.e. an extension of the foundation.
(2)
Skirting. If a wall is not used, every mobile home shall be encircled with skirting designed to compliment its appearance. Skirting shall include materials which have been prefabricated for this purpose or other impervious, moisture-resistant materials, and shall not include bales of hay, straw, interior plywood or other like materials.
F.
Access to crawl space created by the installation of a wall shall be provided by means of a lockable access panel or door.
G.
Every unit to be used as a dwelling unit must contain a minimum of 600 square feet of gross floor area.
§ 405 Conversion Apartments.
[Ord. 8-1994, 12/12/1994, § 404]
1.
The lot upon which a conversion apartment is situated shall meet the minimum area requirements established for the district in which it is located.
2.
Conversions shall be limited to two dwelling units per structure. In the R-2, R-3 and C-1 Districts additional dwelling units may, however, be considered as a special exception.
3.
All conversions shall be subject to the gross floor area requirements set forth in § 403(D).
4.
No structural alterations shall be made to the exterior of the building, except as may be necessary for safety purposes.
5.
The yard, off-street parking and other applicable requirements of this chapter shall be met.
§ 406 Single-Family Attached Dwellings.
[Ord. 8-1994, 12/12/1994, § 405; as amended by Ord. 6-2007, 10/8/2007]
Single family attached dwellings (i.e. townhouses or garden apartments) shall be permitted only where specified in the district regulations, Part 3. Every application for such a use shall also meet the requirements outlined below as well as the standards set forth in the applicable Subdivision and Land Development Ordinance. (Applications proposing to locate more than one single family attached dwelling structure on a single tract of land shall meet the requirements of § 408 of this chapter governing multifamily housing developments.)
A.
Minimum Area and Density Requirements.
(1)
The minimum gross lot area required for each single-family attached dwelling structure shall be as specified in the district regulations, Part 3. No single-family attached dwelling structure situated in the R-2 District shall contain more than four dwelling units. In the R-3 District, a single-family attached dwelling structure may contain up to six dwelling units.
(2)
Where individual dwelling units of a single-family attached dwelling structure and the land on which the structure is located are proposed to be subdivided and conveyed as separate lots, the following dimensional requirements shall be met. (In such cases, the applicant shall submit sufficient documentation along with the subdivision plans which demonstrate that satisfactory arrangements have been made regarding the ownership and maintenance of all common ground or open space not proposed for development.)
(3)
Where individual dwelling units of a single-family attached dwelling structure are to be conveyed independently of any land area, the applicant shall demonstrate that all other requirements of the Uniform Condominium Act will be met.
(4)
Where title to individual dwelling units of a single-family attached dwelling structure is proposed to be conveyed, all dwelling units contained in the structure shall be part of the proposal.
B.
Minimum Lot Width. The minimum width for each single family attached dwelling unit shall be as specified in the district regulations, Part 3. The minimum width required for each single family attached dwelling structure shall vary depending upon the number of units proposed. In no case, however, shall the lot width for a single family attached dwelling structure be less than the minimum required for a single family detached dwelling in the district where such structure is located.
C.
Minimum Yard Requirements. The minimum yard requirements for single family attached dwelling structures shall be as specified in the district regulations, Part 3.
D.
Traffic Access and Parking Facilities. Each single family attached dwelling structure must access onto a public street. All new streets or access drives shall be designed and constructed in accordance with the road standards outlined in the applicable Subdivision and Land Development Ordinance. The number of parking spaces available on the site shall equal no less than two stabilized spaces per dwelling unit.
E.
Sewage and Water Facilities. Adequate sewage and water facilities must be provided by the developer in accordance with the standards of the Pennsylvania Department of Environmental Resources. The developer shall provide sufficient documentation along with his development plans to indicate that the necessary connections can be made to existing municipal sewer and water facilities.
F.
Solid Waste Collection, Storage and Disposal. Arrangements for the collection, storage and disposal of solid wastes generated by the proposed development shall be made by the developer and submitted for approval as a part of his plan submission process.
G.
Drainage Control Requirements. All plans for single family attached dwelling structures shall include information indicating what types of drainage control facilities will be installed to handle runoff produced by the new structure and the grade of the site. The plans should also indicate where the drainage is to be ultimately channeled. (See also § 505, Subsection 4, of this chapter.)
H.
Grading and Landscaping (Soil Erosion and Sedimentation Control). Where excavation or grading is proposed or where existing trees, shrubs or other vegetative cover is to be removed, plans shall be submitted showing what steps are to be taken to avoid soil erosion. Exposed ground surfaces shall be stabilized or otherwise protected with a vegetative cover. (See also § 505, Subsection 5, of this chapter.) And where adjacent land use dictates, screen plantings or buffer yards of 25 feet may be required. (See also §§ 506 and 507 of this chapter.)
I.
Common Open Space Ownership and Maintenance. The developer shall submit a plan of the arrangements to be made for ultimate ownership of and maintenance responsibilities for any common open space/land area associated with the building (including access drives and driveways) as a part of his application for such a use.
§ 407 Multifamily Dwellings.
[Ord. 8-1994, 12/12/1994, § 406]
Multifamily dwellings (i.e. apartments or condominiums, but excluding single family attached dwellings) shall be permitted only as specified in the district regulations, Part 3. Every such application shall also meet the requirements outlined below as well as the standards set forth in the applicable Subdivision and Land Development Ordinance. (Applications proposing to locate more than one multifamily dwelling structure on a single tract of ground shall meet the requirements of § 408 below governing multifamily housing developments.)
A.
Minimum Area and Density Requirements. The minimum lot area required for each multifamily dwelling structure shall be as specified in the district regulations, Part 3. No multifamily dwelling structure situated in the R-2 or C-1 District shall contain more than four dwelling units. In the R-3 District, a multifamily dwelling structure may contain up to six dwelling units. Where proposed as part of a multifamily housing development in an R-3 District however, such structures may contain as many as 10 dwelling units.
B.
Minimum Lot Width. The minimum lot width for each multifamily dwelling structure shall be as specified in the district regulations, Part 3.
C.
Minimum Yard Requirements. The minimum yard requirements for multifamily dwelling structures shall be as specified in the district regulations, Part 3.
D.
Other Requirements. All design requirements set forth in § 406(D), (E), (F), (G), (H) and (I) of this chapter shall also be met.
§ 408 Multifamily Housing Developments.
[Ord. 8-1994, 12/12/1994, § 407]
Multifamily housing developments (the placement of more than one multifamily dwelling structure or more than one single family attached dwelling structure on a single tract on ground) shall be permitted only as specified in the district regulations, Part 3. Every application for such a use shall also meet the requirements outlined below as well as the standards set forth in the applicable Subdivision and Land Development Ordinance.
A.
Minimum Area and Density Requirements. Each multifamily housing development shall contain a minimum of one acre of land suitable for development. The maximum number of dwelling units permitted per structure as set forth in §§ 406(A) and 407(A) for single family attached dwellings and multifamily dwellings, respectively, shall apply to the type of development proposed. The overall density for multifamily housing developments shall not exceed 16 dwelling units per acre.
B.
Minimum Lot Width. The minimum required lot width shall vary with each individual application and shall be dependent upon the number of units proposed in each structure and the proposed arrangement of buildings in the development. For developments involving single family attached dwellings, each dwelling unit shall maintain the minimum width required in the district regulations, Part 3.
C.
Minimum Yard Requirements. The minimum yard requirements for multifamily housing developments shall be as specified in the district regulations, Part 3.
D.
Design Standards.
(1)
Traffic Access. All proposed site accessways must be adequate, but not excessive in number; adequate in grade, width, alignment and visibility, and not located to near street corners, entrances to schools or places of public assembly and other similar considerations.
(2)
Circulation and Parking. The interior traffic circulation system must be adequate, and all required parking spaces must be provided and be easily accessible. No less than two stabilized spaces per dwelling unit shall be available on the site.
(3)
Streets and Drainage System Requirements. All structures within a multifamily housing development must access directly onto a public street or onto a street in the internal road system of the development. All new streets and drainage control systems shall be designed and constructed in accordance with the road and drainage control standards outlined in the applicable Subdivision and Land Development Ordinance. (See also § 505, Subsection 4, of this chapter.)
(4)
Sewage and Water Facilities. Adequate sewer and water facilities must be provided by the developer in accordance with the standards of the Pennsylvania Department of Environmental Resources. The developer shall provide sufficient documentation along with his development plans to indicate that the necessary connections can be made to existing municipal sewer and water facilities.
(5)
Solid Waste Collection, Storage and Disposal. Arrangements for the collection, storage and disposal of solid wastes generated by the proposed development shall be made by the developer and submitted for approval as a part of his plan submission process.
(6)
Grading and Ground Cover (Soil Erosion and Sedimentation Control). Where excavation or grading is proposed or where existing trees, shrubs or other vegetative cover is to be removed, plans shall be presented showing what steps are to be taken to avoid soil erosion. Exposed ground surfaces shall be stabilized or otherwise protected with a vegetative cover. (See also § 505, Subsection 5, of this chapter.)
(7)
Landscaping. The proposed site shall be properly landscaped in order to further enhance the natural qualities of the land. Where adjacent land use dictates, screen plantings or buffer yards of 25 feet may be required. (See also §§ 506 and 507.)
(8)
Common Open Space Requirements. For proposals involving 25 or more dwelling units, a minimum of 5% of the gross area of the development shall be reserved by the developer as common open space for the use of all residents of the complex. Such open space may include areas of land and water, but shall exclude all roads, parking areas, structures or service lanes. This area shall also be easily accessible to all units. Applications for multifamily housing developments shall include a proposal regarding the ultimate ownership and maintenance responsibilities for any common open space areas.
E.
Building Relationships.
(1)
Arrangement of Buildings. Adequate provision must be made for light, air, access and privacy in the arrangement of the buildings to each other. Each dwelling unit shall have a minimum of two exterior exposures.
(2)
Maximum Length of Rows. The maximum length of any group of attached structures shall not exceed 160 feet. Building groups must be arranged in order to be accessible by emergency vehicles.
(4)
Distance Between Buildings and Driveways.
(a)
No driveway or parking lot shall be closer than 15 feet to the front of any building, nor 10 feet to the side or rear of any building.
(b)
In the case of an enclosed garage or carport provided as a portion of the main structure, distance requirements for driveways providing access to these accommodations shall not apply.
§ 409 Mobile Home Parks.
[Ord. 8-1994, 12/12/1994, § 408]
Mobile home parks are permitted only in those zoning districts as specified in the district regulations, Part 3. All proposed mobile home parks must meet the requirements outlined below as well as the standards set forth in the applicable Subdivision and Land Development Ordinance.
A.
Design Standards.
(1)
Minimum Park Area. Each mobile home park shall have a gross area of at least two contiguous acres of land suitable for development.
(2)
Mobile Home Park Lot Requirements.
(a)
Gross Density. The maximum number of mobile home lots within a mobile home park shall be no more than five lots per acre of gross area of the mobile home park.
(b)
Minimum Lot Sizes. The minimum mobile home lot shall contain no less than 7,500 square feet. The minimum width of any mobile home lot shall be not less than 60 feet. The minimum length of every mobile home lot measured from the edge of the right-of-way line of the mobile home park internal street shall be not less than 125 feet.
(c)
Mobile Home Lot Access. All mobile home lots shall abut on and have frontage on a street of the mobile home park internal street system. [See also Subsection A(7) below.] In addition, at the entrance of the mobile home park, the cartway of the internal street shall be 50 feet in width and for a distance of 100 feet measured from the intersection of the internal street and the edge of the cartway of the abutting roadway.
(3)
Setbacks, Buffer Yards and Screening Requirements.
(a)
Setbacks from Public Roads. All mobile homes and auxiliary park buildings shall be located at least 50 feet from the center line of any abutting public road or street or 25 feet from the edge of the road right-of-way, whichever is greater.
(b)
Park Perimeter Buffer Yards. All mobile homes, auxiliary park buildings and other park structures shall be located at least 50 feet from the mobile home park boundary lines. If a suitable, attractive screening, either man-made or of natural plantings, is provided along the perimeter, this minimum buffer yard may be reduced to 25 feet. (See also §§ 506 and 507.)
(c)
Screening Requirements Within the Mobile Home Park. Repair, maintenance and storage areas or buildings shall be effectively and attractively screened from the mobile home lots, park streets and public roads or streets by man-made screenings or natural plant materials. (See also § 507.)
(d)
Minimum Distances Between Structures Within the Mobile Home Park. All mobile homes shall be located at least 50 feet from any auxiliary park buildings and repair, maintenance or storage areas or buildings.
(e)
Minimum Distance Between Mobile Homes. Each mobile home shall be located at least 24 feet from any other mobile home in the mobile home park and no less than 12 feet from any side lot line nor less than 20 feet from the rear lot line.
(4)
Grading and Ground Cover Requirements (Soil Erosion and Sedimentation Control Plans). The ground surface in the park shall be graded and equipped to drain all surface water in a safe, efficient manner. Exposed ground surfaces in the park shall be covered with stone screenings, or other solid material, or be stabilized or otherwise protected with a vegetative cover capable of preventing soil erosion. (See also § 505, Subsection 4, of this chapter.)
(5)
Common Open Space Requirements. A minimum of 5% of the gross park area or 1,000 square feet per unit, whichever is greater, shall be reserved by the developer as common open space for the use of all residents of the park. At least a portion of this area shall be set aside for recreation use. Such recreation area shall be suitable for outdoor recreational activities and shall be easily accessible to all units. Applications for mobile home parks shall include a proposal regarding the ultimate ownership and maintenance responsibilities for such common open space and recreation areas.
(6)
Off-Street Parking Requirements. A minimum of two stabilized off-street parking spaces shall be provided for each mobile home lot within the mobile home park. These parking spaces shall be located on the mobile home lot which they are intended to serve.
(7)
Mobile Home Park Internal Street and Drainage System Requirements. Streets and drainage control systems shall be constructed in accordance with the street standards outlined in the applicable Subdivision and Land Development Ordinance except that street widths shall be as follows (see also § 505, Subsection 4, of this chapter):
(a)
Where parking is permitted on both sides, a minimum road cartway width of 36 feet shall be required.
(b)
Where parking is limited to one side, a minimum road cartway width of 28 feet shall be required.
(c)
Where no parking is permitted on either side of the street, a minimum road cartway width of 20 feet shall be required.
(8)
Mobile Home Lot Improvements. All mobile home lots within the mobile home park shall be improved for use by independent mobile homes. This shall include the provision of a durable pad or stand (not less than 12 by 60 feet in size), properly graded, placed, compacted and surfaced to provide support for maximum anticipated loads during all seasons; all necessary utility hook-ups; a concrete patio with a minimum area of 200 square feet for each mobile home; and a storage shed containing a minimum of 64 square feet of storage space which is located no closer than three feet to a side or rear lot line. All such improvements shall be maintained in satisfactory condition by the park owner or developer.
B.
Utilities and Park Facilities.
(1)
Water Supply System. An adequate supply of water shall be provided by the developer for mobile homes, service buildings and other accessory facilities. Where a public water supply system of satisfactory quantity, quality and pressure is available, connection shall be made to it and its supply shall be used exclusively. Where a satisfactory public water supply system is not available, the developer shall design, install and maintain a private water supply system according to the standards of and with the approval of the Pennsylvania Department of Environmental Resources.
(2)
Sewage Disposal System. An adequate and safe sewage system shall be provided by the developer in all mobile home parks for conveying and disposing of sewage from mobile homes, service buildings and other accessory facilities. Mobile home parks shall be connected to public sewer systems, where possible. Where a satisfactory public sewage disposal system is not available, the developer shall design, install and maintain an approved private sewage system according to the standards of the Pennsylvania Department of Environmental Resources.
(3)
Other Utility Systems. Telephone, electric, television cable, natural or bottled gas, fuel oil or other utilities shall be provided by the developer in accordance with plans approved by the Borough and the appropriate utility company. Underground installation of the utility distribution and service lines is required for approval of the mobile home park proposal.
(4)
Service and Other Auxiliary Park Buildings. Service, maintenance and management buildings, recreation or community buildings and commercial sales buildings required for the management, servicing and maintenance of the park and for the well-being of park residents shall be allowed within the mobile home park boundaries. The entire area of these buildings however, shall be used for the management, servicing and maintenance requirements of the park and park residents.
(5)
Solid Waste Collection, Storage and Disposal. Arrangements for the collection, storage and disposal of solid wastes generated by the proposed mobile home park shall be made by the developer and submitted for approval as a part of the plan submission process.
(6)
Park Management. Each mobile home park shall have a resident manager who shall be responsible for maintaining the park in accordance with the requirements of this chapter and the terms and conditions of the park's approval.
C.
Rules and Regulations of the Park. The developer shall submit a copy of the proposed rules and regulations to be followed by tenants of the mobile home park as a part of his application for such a use. Included shall be regulations requiring that:
(1)
Each mobile home shall be skirted. (Skirting shall include materials which have been prefabricated for this specific purpose or similar materials, but shall not include bales of hay, straw, interior plywood or like materials.)
(2)
Garbage and trash shall be placed in appropriate receptacles.
(3)
Each mobile home shall be anchored to prevent the structure from being overturned or blown from its foundation or supports. This anchoring shall comply with the specifications outlined in § 404(D).
D.
Certificate of Occupancy. Each and every mobile home placed in an approved mobile home park shall secure a certificate of occupancy as required by this chapter, prior to its use as living quarters.
§ 410 Group Homes. (See also § 430.)
[Ord. 8-1994, 12/12/1994, § 409]
Group homes may be permitted only in those zoning districts as specified in the district regulations, Part 3. All applications for such activities shall meet the requirements outlined below:
A.
Residents of a group home shall maintain a single household unit with shared use of rooms, and shall share mealtimes and housekeeping responsibilities. There shall be no more than two residents per bedroom in such facilities.
B.
Accommodations shall be provided for no more than six residents, excluding the supervisor, at one time unless the applicant can demonstrate to the satisfaction of the Borough that the facility is of such size that it can adequately accommodate additional occupants.
C.
Adult supervision shall be provided at the home on a twenty-four-hour basis.
D.
Sewage and water facilities shall be sufficient to handle the anticipate, loading created by the proposed facility and shall be approved by the Pennsylvania Department of Environmental Resources, where applicable. All additional standards or regulations of the Pennsylvania Department of Labor and Industry shall also be met. Satisfactory evidence that all necessary permits or approvals have been obtained shall be submitted as part of any application for a group home.
E.
Arrangements for the collection, storage and disposal of solid wastes generated by the facility shall be made by the applicant and submitted to the Borough as a part of the application for such use.
F.
Residents of the facility shall remain in residence for a period of at least three months, and a change of residents shall not routinely occur except in the case of death, extended illness or disability, or similar circumstances.
G.
Residents shall not receive regular medical treatment or psychological counseling on the premises nor shall the services provided be of such nature as would render the home an institutional facility.
I.
Where adjacent land use dictates, adequate screening or buffer yards shall be provided. (See §§ 506 and 507.)
§ 411 Day-Care Centers and Group Day-Care Homes.
[Ord. 8-1994, 12/12/1994, § 410; as amended by Ord. 6-2007, 10/8/2007]
Day-care centers, group day-care homes, nursery schools, kindergartens or similar operations which are licensed to provide care for more than 12 children outside of a family residence or those providing limited daytime care for adult, elderly or handicapped persons may be permitted only as set forth in the district regulations, Part 3. All such uses shall meet the requirements outlined below.
A.
Outdoor recreation areas of at least 100 square feet per child and 50 square feet per adult being tended shall be provided. Such areas shall be completely enclosed with no less than a four foot fence located at least 25 feet from the edge of any adjoining street right-of-way. A dwelling or accessory building may be used as part of the required enclosure.
B.
Outdoor recreation areas shall be sufficiently screened and sound insulated to protect the neighborhood from noise and other disturbances.
C.
Sewage and water facilities shall be sufficient to handle the anticipated loading created by the facility and shall be approved by the Pennsylvania Department of Environmental Resources.
D.
All other applicable codes, ordinances or laws (including regulations of the Pennsylvania Department of Public Welfare, Pennsylvania Department of Labor and Industry, and Pennsylvania Department of Education) shall be met. Satisfactory evidence that all necessary permits or approvals have been obtained shall be submitted as part of any application for a day care center, group day-care home or other similar facility.
§ 412 Nursing or Personal Care Homes.
[Ord. 8-1994, 12/12/1994, § 411]
Nursing or personal care homes are permitted only in those zoning districts as specified in the district regulations, Part 3. Every application for a nursing or personal care home shall meet the requirements outlined below.
A.
Satisfactory evidence shall be provided by the applicant indicating that the proposed facility will conform to all applicable state and local regulations (including regulations of the Pennsylvania Department of Health and the Pennsylvania Department of Labor and Industry).
B.
Sewage and water facilities shall be sufficient to handle the anticipated loading created by the facility and shall be approved by the Pennsylvania Department of Environmental Resources.
C.
Access to the facility shall be provided which meets the requirements set forth in § 803 of this chapter for multifamily residential uses. Adequate off-street parking facilities, meeting the standards of § 801, shall also be provided. In addition, pedestrian accessways which are distinguished and separated from vehicular drives and parking areas shall be designated.
D.
Arrangements for the collection, storage and disposal of all solid waste generated by the nursing or personal care home shall be made by the applicant and submitted to the Borough as part of the plan submission process.
§ 413 Retail Establishments.
[Ord. 8-1994, 12/12/1994, § 412]
Retail establishments shall include those facilities and personal service uses permitted in the district regulations, Part 3. In addition, every proposed retail establishment must meet the requirements outlined below as well as the standards set forth in the applicable Subdivision and Land Development Ordinance.
A.
Applications for retail establishments shall include the following information:
(1)
A sketch plan showing the tract of ground on which the use is proposed and the location of all buildings or structures existing or to be situated on the site.
(2)
An indication that the use will not have a detrimental effect on the character of the area or neighborhood where it is proposed to be located.
(3)
An indication that adequate sewage disposal and water supply facilities will be provided.
(5)
An indication that a buffer yard of at least 10 feet or screen planting as required by this chapter will be provided around the perimeter of the site, where possible (see §§ 506 and 507).
(6)
An indication that arrangements have been made for the collection, storage and disposal of solid wastes generated by the commercial use.
(7)
An indication that all signs used to advertise such facilities will meet the requirements of Part 7 of this chapter.
(8)
An indication of the establishment's proposed hours of operation.
B.
No perpetual outside displays or retail sales shall be permitted for approved commercial uses, except where such display is a necessary part of the use, and no merchandise shall be placed on a sidewalk except as part of a periodic sidewalk sale.
C.
Outside, unenclosed storage associated with an approved commercial use shall meet the requirements set forth in § 508 of this chapter.
§ 414 Bed-and-Breakfast Establishments.
[Ord. 8-1994, 12/12/1994, § 413]
Bed-and-breakfast establishments or other similar residential lodging facilities shall be permitted only in those zoning districts as specified in the district regulations, Part 3. In addition, the following standards shall be met.
A.
The operator of the facility shall reside in the establishment or a full-time manager shall be provided.
B.
Overnight lodging accommodations shall not exceed 14 continuous nights per patron.
C.
Lodging accommodations may or may not include arrangements for breakfast or other meals.
D.
Dining facilities and services associated with a bed-and-breakfast establishment shall be available only to lodgers. Public dining facilities may be considered in conjunction with an application for other types of residential lodging facilities.
E.
Exterior alterations to existing structures shall be limited to those customarily associated with residential uses.
F.
Satisfactory evidence shall be provided by the applicant indicating that the proposed facility will conform to all applicable state and local regulations (including regulations of the Pennsylvania Department of Health and Pennsylvania Department of Labor and Industry, as applicable).
G.
Sewage and water facilities shall be sufficient to handle the anticipated loading created by the facility and shall be approved by the Pennsylvania Department of Environmental Resources.
H.
Arrangements for the collection, storage and disposal of all solid waste generated by the facility shall be made by the applicant and submitted to the Borough as part of the plan submission process.
§ 415 Automotive or Motorized Vehicle Service Stations and/or Repair Shops.
[Ord. 8-1994, 12/12/1994, § 414]
Automotive or motorized vehicle service stations and/or repair shops are permitted only in those zoning districts as specified in the district regulations, Part 3. All applications for such uses shall meet the standards outlined below:
A.
No gasoline service station or vehicle repair shop shall have an entrance or exit for vehicles within 300 feet of any school, playground, church or public place of assembly, nor within 30 feet of any intersection.
B.
Gasoline pumps or other fuel dispensing devices shall be no closer than 30 feet to any street right-of-way line.
C.
All fuel, oil, propane gas or other similar substance shall be stored at least 30 feet from any street right-of-way or property line. (Additional permits may be necessary to meet state and federal requirements regarding the location of storage tanks for such purposes.)
D.
All associated repair work (excluding preventive maintenance and minor adjustments) shall be carried out within a structure. All repair materials, including new, used, discarded or unusable parts of any vehicle, shall be stored within a building.
E.
Body work or painting of vehicles may be permitted only where the operation is to be conducted within an enclosed structure and where such structure meets the Pennsylvania Department of Labor and Industry regulations and is designed to contain all noise, vibrations, dust and odor generated by the activity.
F.
Automatic car wash facilities may be permitted in conjunction with such uses provided that the applicant can show that his sewage treatment facilities can accommodate the additional loading.
G.
No more than three vehicles may be offered for sale at any one time at an automotive service station or repair shop.
H.
Where determined appropriate, proper screen plantings or buffer yards of 25 feet shall be provided. (See also §§ 506 and 507 of this chapter.)
§ 416 Public Entertainment Facilities.
[Ord. 8-1994, 12/12/1994, § 415]
For the purposes of this chapter, public entertainment facilities shall include, but not be limited to, bowling alleys, roller skating rinks, motion picture theaters, health clubs and similar types of establishments, but shall exclude adult entertainment facilities. Such uses shall be permitted only as provided in Part 3, the district regulations, and shall be subject to the following standards, in addition to all other applicable state or local requirements:
A.
All such uses shall be conducted entirely within an enclosed structure.
C.
Illuminated signs or other outdoor lighting shall be installed and shielded to avoid causing glare on adjacent properties or creating a hazard for passing motorists. (See also Part 7 of this chapter.)
D.
Adequate measures shall be taken to prevent noise or other nuisance influences from disturbing nearby residential properties.
§ 417 Adult Entertainment Establishments.
[Ord. 8-1994, 12/12/1994, § 416]
Adult entertainment establishments or facilities may only be permitted as specified in Part 3, the district regulations, and shall be subject to the following standards, in addition to all other applicable state or local requirements:
A.
Adult entertainment establishments shall not be located within:
(1)
One hundred fifty feet of the boundary of any residential district or other residential property line.
(2)
Two hundred fifty feet of the property line of any church, school, theater, park, playground or other areas where minors congregate.
(3)
One hundred fifty feet of the property line of any establishment licensed by the Pennsylvania Liquor Control Board to dispense alcoholic beverages (other than the proposed adult entertainment facility).
(4)
One hundred fifty feet of the property line of any restaurant, eating establishment or grocery store.
(5)
Two hundred fifty feet of the property line of any other adult entertainment establishment.
B.
Advertisements, displays or other promotional materials for adult entertainment establishments shall not be shown or exhibited so as to be visible to the public from any street, sidewalk or other public place.
C.
All building openings, entries, exits or windows for adult entertainment establishments shall be located, covered or screened in such a manner so as to prevent a view into the interior from any street, sidewalk or other public place. In the case of any adult drive-in or motion picture theater, viewing screens shall be situated so as to prevent observation from any street, sidewalk or other public area.
§ 418 Light Industrial Operations.
[Ord. 8-1994, 12/12/1994, § 417]
Industrial uses shall include those manufacturing operations and processing activities provided for in the district regulations, Part 3. Applications for such activities shall meet the requirements outlined below as well as the standards set forth in the applicable Subdivision and Land Development Ordinance. Additional documentation may also be required where it is deemed necessary by the Borough to protect the health, safety and welfare of its residents.
A.
Industrial operations shall abut on and/or provide direct access to a street or highway which is capable of accommodating the anticipated levels and types of industrial and employee traffic.
B.
Every industrial or manufacturing operation must be contained within a building, except as may be provided in Part 3, the district regulations.
C.
All outside, unenclosed storage associated with an industrial or manufacturing use shall meet the requirements set forth in § 508 of this chapter.
D.
Adequate sewer and water facilities shall be provided by the developer in accordance with the standards of the Pennsylvania Department of Environmental Resources. The developer shall provide sufficient documentation along with his development plans to indicate that the necessary connections can be made to existing municipal sewer and water facilities.
E.
Arrangements for the collection, storage and disposal of solid wastes generated by the proposed industrial operation shall be made by the developer and submitted for approval as a part of the plan submission process.
G.
Where, in the opinion of the approving authority it would be appropriate, buffer yards of 25 feet and/or screen planting shall be provided along the entire perimeter of the site in accordance with the standards set forth in §§ 506 and 507 of this chapter.
H.
The proposed hours, rules and security arrangements for the facility shall be included as part of the plan submission process. Consideration shall be given not only to the convenience of the users, but the convenience, safety and welfare of the neighborhood in which the facility is to be located.
I.
Outdoor security lighting shall be also be provided for the facility. Such lighting shall, however, be installed and shielded to eliminate direct glare on adjacent properties or upon public streets.
J.
Compliance with the following minimum performance standards, in addition to all applicable local, state or federal codes or regulations (including DER's air, water and noise pollution control standards) shall be required.
(1)
Sound. The volume of sound inherently and recurrently generated shall be controlled so as not to cause a nuisance to adjacent uses.
(2)
Vibration. No vibrations shall be discernible beyond the property lines of the industry.
(3)
Odor. No emission of odorous gas or other odorous matter shall be permitted in such quantity as would be readily detectable along or beyond the lot lines of the industrial operation without the use of instruments.
(4)
Toxic or Noxious Matter. No discharge beyond lot lines of any toxic or noxious matter in such quantity as would be detrimental or dangerous to public health, safety, comfort or welfare, or could cause injury or damage to property or businesses shall be permitted.
(5)
Glare. No direct or reflected glare shall be detectable at any point along or beyond the property lines of the industry.
(6)
Heat. No direct or reflected heat shall be detectable at any point along or beyond the property lines of the industry.
(7)
Dust and Fly Ash. No solid or liquid particles shall be emitted in such quantities as would be readily detectable at any point along or beyond the property lines of the industry or as would produce a public nuisance or hazard.
(8)
Smoke. No smoke shall be emitted in such quantity as would be become a nuisance.
(9)
Fire and Explosion Hazards. In all activities involving, and in all storage of flammable and explosive materials, the owner or operator of such use shall provide adequate safety devices against the hazard of fire and explosion, and adequate fire fighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires shall be prohibited.
(10)
Radioactivity or Electrical Disturbances. No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
§ 419 Recreation Facilities; Parks or Playgrounds.
Where specific recreational facilities are not specified or regulated elsewhere herein, the following standards shall apply:
A.
The minimum area required for such activities shall be as specified in the district regulations, Part 3.
B.
A plan showing the proposed facilities and/or design of the recreational facility shall be provided by the applicant with the building/zoning permit application.
C.
A statement shall be submitted by the applicant indicating the reasons why the proposed facility is appropriate for the district in which it is to be located.
D.
Off-street parking facilities shall be provided in accordance with the requirements of § 801 of this chapter.
E.
Sewage disposal facilities shall be provided by the applicant in accordance with the standards of the Pennsylvania Department of Environmental Resources.
F.
Arrangements for the collection, storage and disposal of solid wastes generated by the facility shall be made by the applicant and submitted to the Borough as a part of the plan submission process.
G.
Outdoor security lighting shall be provided for the facility. Such lighting shall be installed and shielded, however, to eliminate direct glare on adjacent properties or upon public streets.
H.
All buildings, structures or active recreation facilities shall be located no less than 25 feet from any adjacent residential district and shall be appropriately fenced or screened in accordance with the standards set forth in § 507.
I.
The proposed hours, rules and security arrangements for the facility shall be included with the permit application. Consideration shall be given not only to the convenience of the users, but the convenience, safety and welfare of the neighborhood in which the facility is to be located.
§ 420 Campgrounds or Recreational Vehicle Parks.
[Ord. 8-1994, 12/12/1994, § 419]
Campgrounds or recreational vehicle parks may be permitted only in those zoning districts as specified in the district regulations, Part 3. Every proposed campground or recreational vehicle park must meet the requirements outlined below as well as the standards set forth in the applicable Subdivision and Land Development Ordinance.
A.
Design Standards.
(1)
Minimum Campground Area. The minimum area required for a campground shall be as specified in the district regulations, Part 3.
(2)
Camping Space Requirements.
(a)
Gross Density. The maximum number of camping spaces within each campground shall be no more than 10 per acre of gross area of the campground.
(b)
Minimum Camping Space Size. Each camping space shall contain a minimum of 2,400 square feet. The minimum width shall be not less than 40 feet and the minimum depth not less than 60 feet.
(c)
Camping Space Access. All camping spaces shall abut and have frontage on a street of the campground internal street system.
(d)
Camping Units. No more than one camping unit (recreational vehicle, tent or other similar unit) shall be located on each camping space.
(3)
Setbacks, Buffer Yards and Screening Requirements.
(a)
Park Perimeter Buffer Yard. All camping spaces and auxiliary park structures shall be located at least 40 feet from the campground boundary lines, including public road rights-of-way. If a suitable, attractive screening of natural plantings is provided along the perimeter, this minimum buffer may be reduced to 25 feet.
(b)
Minimum Distance Between Structures and Camping Spaces. All camping spaces shall be located at least 30 feet from any auxiliary building.
(c)
Minimum Distance Between Camping Units. Individual camping units shall be separated by a minimum of 15 feet.
(4)
Grading and Ground Cover Requirements (Soil Erosion and Sedimentation Control Plans). Where any excavating or grading is proposed or where any existing trees, shrubs or other vegetative cover will be removed, plans shall be presented showing what steps will be taken to avoid soil erosion. Exposed ground surfaces shall be stabilized or otherwise protected with a vegetative cover. (See also § 505, Subsection 5, of this chapter.)
(5)
Off-Street Parking Requirements. A minimum of one stabilized off-street parking space shall be provided on each camping space and one additional parking space for every five camping spaces shall be provided within the campground.
(6)
Campground Internal Street System Requirements. The internal street and drainage system shall consist of private streets designed and constructed according to the right-of-way and construction standards outlined in the Subdivision and Land Development Ordinance in effect in the Borough. In addition, at the entrance of the campground, the cartway of the internal street shall be 50 feet in width for a distance of 100 feet measured from the intersection of the internal street and the edge of the cartway of the abutting roadway to accommodate the safe movement of vehicles or units into and out of the facility.
B.
Utilities and Park Facilities.
(1)
Water Supply and Sewage Disposal Systems. The standards of the Pennsylvania Department of Environmental Resources for the provision of water supply and sewage disposal shall be met. Documents and approvals indicating that these standards have be met along with notations on the campground plan showing the location of water sources and restrooms shall be presented by the developer as a part of the plan submission process. Separate restroom facilities shall be provided for men and women.
(2)
Other Utility Systems. Where electric or other utilities are to be provided, plans shall be provided by the developer and approved by the Borough and the utility company.
(3)
Solid Waste Collection, Storage and Disposal. Arrangement for the collection, storage and disposal of solid wastes generated by the campground shall be made by the developer and submitted for approval as a part of the plan submission process.
(4)
Service and Other Campground Buildings. Service, maintenance and management buildings and commercial sales buildings required for the management, servicing and maintenance of the campground may be allowed provided that such buildings are used exclusively for said purposes. No such structures may, however, be located within a floodplain district unless it is adequately floodproofed. (See Part 6.)
(5)
Campground Management. During times of operation, each campground shall have a resident manager who shall be responsible for maintaining the facility in accordance with the requirements of this chapter and the terms and conditions of the campground's approval.
§ 421 Agricultural Uses.
[Ord. 8-1994, 12/12/1994, § 420]
1.
Private gardens are permitted in all zoning districts.
2.
Boarding or raising of livestock (including cattle, horses, pigs, etc.) and poultry shall be prohibited in the Borough. Household animals or pets shall be exempt from these regulations.
3.
Nothing contained in this chapter shall prohibit an individual from carrying out normal gardening activities, including the use of fertilizers.
§ 422 Essential Utility Distribution Services.
[Ord. 8-1994, 12/12/1994, § 421]
For the purposes of this chapter, essential utility distribution services shall include the placement, construction, alteration, use and maintenance by Borough or governmental agencies, public utilities or public service corporations of such facilities as are necessary for the furnishing of adequate service by such agencies, utilities or corporations for public health, safety or general welfare, including underground or overhead electrical, telephone, television, gas, water or sewage disposal systems, including poles, wires, lines, mains, drains, sewers, conduits, cables, fire alarm or police call boxes, traffic signals, hydrants, gas regulator and measuring devices, including the structures in which they are housed, and other similar equipment. Such facilities shall meet the following additional standards:
A.
Public utility structures, including substations, water pumping stations and/or sewage treatment facilities shall be designed and constructed to be compatible with the general character (appearance and structural material) of the other structures within the district in which they are located.
B.
Structures may be permitted for the housing of transformers, pumps and similar equipment subject to the standards set forth in the district regulations. Such structures shall house only those vehicles or equipment necessary to provide normal maintenance and repair for the systems, except in the C-2 and I Districts, where office space may also be provided.
C.
Outside, unenclosed storage areas associated with utility services may only be permitted as set forth in the district regulations. Where permitted, such storage areas shall be enclosed with a fence and shall be shielded from view by adequate screen planting. In addition, where adjacent land use dictates, buffer yards of 25 feet may also be required to provide sufficient separation of uses.
§ 423 Swimming Pools.
[Ord. 8-1994, 12/12/1994, § 422]
1.
Private Swimming Pools. Private swimming or bathing pools (pools used by the owner and his guests) may be permitted as accessory uses in all zoning districts, with the exception of the industrial district, but must comply with the following requirements:
A.
Every outdoor private swimming pool of permanent construction, whether above or below ground, shall be completely surrounded by a fence or wall not less than four feet in height to prevent uncontrolled access. (No additional fence or wall is required where a minimum of four feet of the walls around the entire perimeter of the pool are located above the ground; provided however, that steps, ladders and other means of access to the pool are removed or secured to a minimum of four feet above ground level when the pool is not in use.) All gates or doors in the fence or wall shall have self-latching or locking devices.
B.
A dwelling or accessory structure may be used as part of the required enclosure.
C.
The pool shall not be located within any front or side yard nor be closer to any rear property line than 15 feet.
2.
Public or Semipublic Swimming Pools. Public or semipublic swimming or bathing pools shall be defined as those facilities available for use by the public or specified groups or organizations, including pools owned and operated by municipal governments, private organizations, or pools provided in conjunction with motels, transient lodging facilities or mobile home parks. Such pools shall be subject to all requirements established by the Pennsylvania Department of Environmental Resources. And, for the purposes of this chapter, such uses shall be considered to be recreational facilities and shall be governed by the provisions of § 419.
§ 424 Home Occupations.
[Ord. 8-1994, 12/12/1994, § 423; as amended by Ord. 6-2007, 10/8/2007]
Where not prohibited by deed restrictions or other covenants or agreements restricting the use of land, no-impact home-based businesses and other home occupations may be permitted, subject to the following requirements:
A.
No-Impact Home-Based Businesses. No-impact home-based businesses may be permitted in the R-1 Low Density Residential, R-2 Moderate Density Residential, and R-3 High Density Residential Zoning Districts, subject to the following standards:
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2)
The business activity shall be conducted entirely within the owner's dwelling and may occupy no more than 25% of the floor area of the residence, not to exceed a total of 400 square feet.
(3)
The business shall employ no employees other than family members residing in the dwelling.
(4)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(5)
There shall be no outside appearance of a business use, including but not limited to parking, signs, or lights.
(6)
The business activity shall 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.
(7)
The business activity shall not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
(8)
The business shall not involve any customer, client, or patient traffic, whether vehicular or pedestrian, or pickup, delivery, or removal functions to or from the premises in excess of that normally associated with a residential use.
(9)
The business shall not involve any illegal activity.
B.
Home Occupations. Home occupations providing or offering a service for a specific client(s) or individual(s) and meeting the following standards may be located within those zoning districts as specified in the district regulations, Part 3:
(1)
The home occupation shall be clearly secondary to the use of the principal residential nature or use of the dwelling where it is to be located.
(2)
The area devoted to the home occupation may be located wholly within the operator's dwelling or a single building accessory thereto. In the R-1, R-2, R-3 and O Districts, a home occupation may occupy no more than 25% of the gross floor area of the dwelling, except for family day-care homes. In the C-1 District, a maximum of 35% of the gross floor area of the dwelling may be used for the occupation; and in the C-2 District, up to 45% of the dwelling's gross floor area may be occupied by the home occupation.
(3)
In the R-1, R-2, R-3, and O Districts, the persons engaged in the home occupation shall be limited to the members of the family of the operator residing on the premises and not more than one nonresident employee. In the C-1 and C-2 Districts, a home occupation may utilize as many nonresident employees as appropriate or necessary.
(4)
The home occupation shall in no way alter the residential character of the neighborhood where it is to be located, nor shall it in any way adversely affect the safe and comfortable enjoyment of individual properties in that neighborhood.
(5)
There shall be no exterior display or sign advertising the home occupation, except as may be permitted in Part 7 of this chapter, and no outside, unenclosed storage of materials associated with the occupation on the site.
(6)
No offensive or objectionable noise, vibration, smoke, dust, odor, heat or glare shall be produced or detected at or beyond the property line of the lot containing the home occupation.
(7)
The home occupation shall not create any adverse impact on existing vehicular traffic or pedestrian circulation patterns in the neighborhood.
(8)
A minimum of two additional off-street parking spaces shall be provided for all home occupations located in the R-1, R-2, R-3, C-1, and O Districts. In the C-2 District, off-street parking spaces shall be provided as set forth in § 801, Table 1, of this chapter for specific uses.
(9)
Home occupations shall include the following activities which do not meet the criteria for a no-impact, home-based business as set forth in Subsection A above:
(a)
R-1, R-3, and O Districts.
[1]
Home offices for service-oriented professionals requiring only limited access or office visits, including real estate or insurance offices, engineers, architects, accountants, seamstresses, fine artists, tutors and musicians giving lessons.
(b)
R-2 District.
[1]
All those activities permitted in the R-1, R-3, and O Districts; and
[2]
Home offices for service-oriented professionals, including woodworkers and craftspeople;
[3]
Barbershops and/or beauty shops;
[4]
Custom baking and catering operations;
[5]
Custom dressmaking facilities;
[6]
Small appliance repair facilities;
[7]
Antique shops;
[8]
Fine arts or musician studios; and
[9]
Family day-care homes.
(10)
Requests for other home occupations not specified above may be submitted to the Borough Council for consideration as a conditional use. Upon a finding of the Council that such use complies with the criteria of this section and other applicable codes and ordinances in effect in the Borough, and that the proposed use would not be detrimental to the health, safety and welfare of the residents of the neighborhood where it is to be located, such use may be approved.
§ 425 Accessory Residential Uses.
[Ord. 8-1994, 12/12/1994, § 424]
Accessory residential uses, including an apartment(s) or dwelling unit(s) above or adjoining a commercial use, may be permitted in either of the commercial districts. Every such proposed use shall also meet the requirements outlined below.
A.
All such uses must remain secondary to the principal commercial use of the structure.
C.
The off-street parking requirements set forth in § 801 of this chapter shall be met for the residential uses.
D.
Sewage and water facilities shall be sufficient to handle the anticipated loading created by the additional dwelling unit(s) and shall meet the requirements of the Pennsylvania Department of Environmental Resources.
§ 426 Temporary Uses and Structures. (See also § 427.)
[Ord. 8-1994, 12/12/1994, § 425]
1.
Circuses, Carnivals or Open-Air Cultural, Religious or Sporting Events. A temporary building/zoning permit may be issued by the Zoning Officer for a temporary use such as a carnival, circus or open-air cultural, religious or sporting event in the Open Space District. Such temporary permit shall be valid for no more than 14 days and shall be issued only after the applicant has met the following requirements:
A.
If the temporary use is to take place on land not owned by the applicant, the applicant shall present a written statement from the owner of the property in which he agrees to the temporary use of his property.
B.
The applicant shall provide sufficient insurance coverage to adequately protect the Borough against any damage, accident or other claim resulting from the event. Evidence of such insurance shall be submitted as a part of the permit application.
C.
The site of such temporary use shall not be left unattended by the applicant or agents of the applicant at any time during which the use is located on the site.
D.
Information concerning water supply and sewage disposal facilities to be used shall be presented by the applicant with assurance from the Pennsylvania Department of Environmental Resources that these arrangements are adequate.
E.
Any solid waste generated by the temporary use shall be collected and disposed of in an acceptable fashion by the applicant.
F.
The applicant shall assure the Borough that all vendors intending to dispense food or beverages to the public will be properly licensed or approved by the Pennsylvania Department of Health to do so.
G.
Assurance shall be given by the applicant to guarantee that there is adequate space to satisfy the parking demands that will be generated by the use and that adequate traffic control precautions will be taken.
H.
All wagons, tents, temporary structures, animals and any other materials brought to the site, as well as all debris or refuse generated by the event, shall be removed by the applicant within the time limit stated on the temporary permit and prior to vacating the site.
I.
Noise levels associated with the activity shall be controlled to avoid creating a nuisance or disturbance in the vicinity of the use.
The Zoning Officer shall note on the temporary permit or attach to the permit application, information that demonstrates that the applicant has agreed to or complies with the requirements of this section. The Zoning Officer shall inspect the site as necessary to ensure that the provisions of the permit are adhered to. |
2.
Mobile Homes. Mobile homes providing temporary quarters for commercial or construction uses, may be authorized by the Zoning Officer, but only for limited periods of time. When so authorized, such units shall be subject to the following standards:
A.
A temporary building/zoning permit shall be required, and when issued, shall indicate the specific period of time for which the authorization is granted. No temporary permit for such uses shall be issued for a period of time exceeding six months.
B.
The Zoning Officer may grant an extension to or renew the temporary permit for not more than two additional ninety-day periods, if in his opinion the applicant encountered unforeseen circumstances in carrying out the operation for which the original temporary permit was issued; or if the refusal of an extension would cause an undue hardship to the applicant.
C.
Information concerning water supply and sewage disposal facilities to be used shall be presented by the applicant as part of his building/zoning permit application, along with assurance from the Pennsylvania Department of Environmental Resources that these arrangements are adequate.
D.
Mobile homes shall not be placed in a designated floodway area.
E.
All such mobile homes shall be removed from the site by the applicant upon expiration of the permit at no cost to the Borough.
3.
Garage, Porch or Yard Sales. Owners or occupants of homes in residential areas may sell household personal property belonging to themselves at garage, porch or yard sales or similar occasional sales held at their residences subject to the following regulations:
A.
A temporary building/zoning permit shall be required for such sales and may be issued by the Zoning Officer. There will be no charge for this permit.
B.
All such sales shall be limited to two per year per residence.
C.
Each sale shall not exceed four consecutive days or two successive weekends, unless authorized by the Zoning Hearing Board.
§ 427 Temporary Uses in Floodplain Areas.
[Ord. 8-1994, 12/12/1994, § 426]
A temporary building/zoning permit may be issued for a temporary use such as a carnival, circus, or open-air cultural, religious or sporting event in the Floodplain District. An applicant for such a temporary permit shall be subject to the standards of § 426, Subsection 1, above. In addition, if there is a threat of flooding or a flood warning is issued by the County Flood Warning System or National Weather Service, all wagons, tents, temporary structures, animals and other materials shall be removed completely from the 100-year floodplain. This shall be done promptly before the threat of flood becomes a reality.
§ 428 Docks.
[Ord. 8-1994, 12/12/1994, § 427]
Docks or other water related uses may be permitted in or along Muncy Creek in Hughesville Borough, as provided in the district regulations, but shall be subject to all applicable rules and regulations of the Federal Emergency Management Agency and the Pennsylvania State Fish and Boat Commission. In addition such uses must adhere to the following standards:
A.
Docks and all other water related uses shall be installed so that they create no rise in the 100-year flood level. When there is a threat of a flood, docks shall be removed from the floodplain.
B.
Docks must be removed from the floodplain by their owner during the off-season.
C.
Docks shall extend no more than 10 feet into the Creek and shall be located no closer than 150 feet to any other dock.
D.
No variance shall be granted to any of the requirements of this section which would cause a rise in elevation of the 100-year flood or be contrary to the requirements of the National Flood Insurance Program.
§ 429 Exterior Antennas.
[Ord. 8-1994, 12/12/1994, § 428]
For the purposes of this chapter, exterior antennas shall be defined as all forms of antennas used within the Borough for telephone, telecommunication, radio, television or other forms of communication (including microwave and satellite earth stations or dishes), except antennas utilized by government agencies or those regulated by applicable laws relating to public utilities. Privately owned and operated antennas may be permitted to be located in any zoning district of the Borough as accessory structures. All such structures shall however be subject to the requirements outlined below as well as all other applicable provisions of this chapter.
A.
Exterior antennas shall not be placed in front yards nor in the street side yard of corner lot properties.
B.
Roof mounted microwave antennas shall not exceed 10 feet in diameter and ground mounted antennas shall not exceed 12 feet in diameter.
C.
All exterior antennas shall adhere to the following height regulations:
(1)
No exterior antenna, whether roof or ground mounted, shall exceed 40 feet in overall height measured from ground level.
(2)
Spherical microwave antennas mounted on the ground shall not exceed 14 feet in overall height.
(3)
Spherical roof mounted microwave antennas shall not exceed eight feet above the highest point of the roof line. Where a residence or building has multiple roof lines, effort shall be made to place the antenna on the lowest roof line.
(4)
Roof mounted antennas shall be located whenever possible on the portion of the roof offering the least visibility when viewing the building or premises from a frontal or street view.
(5)
Notwithstanding any of the regulations and exemptions outlined above, the location and height of all such antennas shall comply with all applicable rules, standards and criteria of the Federal Aviation Administration.
D.
All exterior antennas shall be situated as nearly as possible to the center of the rear of the property or premises. In addition, all such structures shall meet the side and rear yard setback requirements for the district in which they are located.
E.
Where because of lot shape, lot location or other factors, an exterior antenna has a high visibility to other adjoining properties or the general public view, the owner of the antenna shall provide screening for such structure in accordance with the standards set forth in § 507 of this chapter; provided, however, that screening shall not be required where the applicant can demonstrate that such requirement would preclude the proper functioning of the antenna.
F.
All exterior antennas shall be supported, anchored and installed in accordance with accepted safety engineering standards, taking into consideration all relevant safety factors, including, but not limited to, wind forces. The following requirements shall be considered minimum standards:
(1)
Microwave antenna shall be properly anchored and installed on a foundation to resist a minimum wind load of 30 pounds per square foot of projected horizontal area.
(2)
Supports, anchors and foundations shall take into account overturning movements and forces created by wind loading. The safety factor against overturning or sliding for wind forces on microwave antennas shall be two.
G.
No person or entity shall install an exterior antenna without first securing a building/zoning permit from the Borough Zoning Officer. (Fees for the issuance of such permits shall be as set forth in the Borough's fee schedule resolution.) As a part of an application for such a building/zoning permit, the applicant shall provide the Zoning Officer with information and documentation sufficient to illustrate how he intends to meet the terms of this section.
H.
No provision of this section is intended to unduly restrict or impair communications activities engaged in by any holder of a license issued by the Federal Communications Commission (FCC). In the event that it is determined that any provision of this section would unlawfully restrict the exercise of a license granted by the FCC, Borough Council shall have the power and authority to modify the terms of this section as they apply to such license holder. Relief under this subsection shall be authorized on a case-by-case basis through issuance of a conditional use approval.
I.
The Hughesville Borough Council may grant conditional use approval for an exterior antenna that does not comply with the regulations set forth in this section; provided, that the applicant can prove that such regulations would not allow acceptable or normal household reception. The Council, in granting the conditional approval, may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this section.
§ 430 Sobriety Houses.
[Ord. 8-1994, 12/12/1994, § 429]
For the purposes of this chapter, sobriety houses shall be defined as a residence where two or more unrelated persons recovering from alcohol or chemical dependency are residing. Such facilities may be permitted only in those zoning districts as specified in the district regulations, Part 3, and shall meet the requirements outlined below.
A.
License Requirements. It shall be unlawful for any person, partner, partnership or corporation to operate a sobriety house without first obtaining a license pursuant to the terms of this section.
(1)
Application for a license to operate a sobriety house shall [be] obtained from the Borough Zoning Officer. Upon completion, the application shall be returned to the Zoning Officer, together with the applicable fee. (Fees for the issuance of such licenses shall be as set forth in the Borough's fee schedule resolution.)
(2)
Licenses shall be issued by the Zoning Officer or other person designated by the Borough after it has been determined that the proposed facility will meet the requirements of this section and all other Borough ordinances, as well as all laws of the Commonwealth of Pennsylvania. The person, partnership or corporation operating the sobriety house shall display the license in a prominent location on the premises. Upon changing ownership or name of the sobriety house, the person, partnership or corporation operating the facility shall immediately notify the Zoning Officer or other Borough designated person. Licenses issued under this section shall not be transferable and shall apply only to the specific location listed on the license.
(3)
Licenses shall be issued for a term of one year to commence January 1 and to terminate on December 31 of each year. Licenses may be renewed annually provided the facility still meets the requirements of this section.
(4)
The Zoning Officer or other person designated by the Borough, and his/her agent, servant or other designee, shall have the right to inspect the sobriety house before issuing a license, prior to the issuance of a renewal license, or at any other time as the said officer shall deem appropriate in order to determine and verify that such sobriety house fully complies with the requirements imposed by this chapter, all other Borough ordinances and the laws of the Commonwealth of Pennsylvania.
B.
Rules and Regulations for Sobriety Houses. As part of the application for a license for such a use, each applicant shall submit written "house rules" for the residents of the facility. At a minimum, such rules shall include the following requirements:
(1)
The use of alcohol or any controlled substance by the resident shall be prohibited.
(2)
The residents shall be prohibited from being on the premises in an intoxicated condition or under the influence of controlled substances.
(3)
The residents shall comply with all rules established to govern their behavior, noise and activities on the premises.
(4)
The residents shall comply with the laws of the Commonwealth of Pennsylvania, the laws of the United States and the ordinances of Hughesville Borough, both on and off the premises.
C.
Minimum Standards for Operators. As part of an application for a license for such a use, each applicant shall submit a written "handbook" setting forth the facility operator's responsibilities. Such responsibilities shall include, but need not be limited to, the following:
(1)
Establish a procedure to make the schedules of various self-help group meetings available to residents.
(2)
Establish a procedure for disseminating human service aid details and/or counseling service information to residents.
(3)
Designate a house manager who shall reside on the premises and shall be physically present no fewer than 12 hours per day.
(4)
Establish a procedure to facilitate the transfer of medical history information to the appropriate community medical facility.
(5)
Establish a procedure to determine whether residents are on probation or parole and the method by which the proper law enforcement agencies are to be advised of the resident's new address.
(6)
Develop a list of the residents' rights including, but not limited to, the residents' right to privacy and their right to locked areas for valuable belongings.
(7)
Submit a copy of the lease agreement provided to each resident to the Borough. Such agreement should set forth the terms of the lease along with a list of the actions by the resident which would cause termination.
(8)
Submit to the Borough a copy of the written arrangements made to ensure a clean and sanitary environment for the residents.
D.
License Revocation. The Zoning Officer or other person designated by the Borough shall have the full authority to revoke the license of any sobriety house found to have violated any of the provisions of this section, or any laws of the Commonwealth of Pennsylvania or United States. The operator of the facility shall have the right, upon receipt of notice of license revocation, to appeal the findings of the Zoning Officer or other Borough representative. The appeal shall be heard by a quorum of the Borough Council who shall afford all parties the opportunity to present evidence at a public hearing and shall affirm or reverse the decision to revoke the license.
E.
Facility Siting Requirements. Sobriety houses shall not be located within 500 feet of the property line of any school, church or park; any establishment licensed by the Pennsylvania Liquor Control Board; any other sobriety house; or any boundary of the residential district. Relief under this subsection may only be authorized on a case-by-case basis through issuance of conditional use approval by the Hughesville Borough Council. The Council may authorize the establishment of a sobriety house which does not meet the siting criteria as a conditional use where it finds that:
(1)
The applicant has presented a petition which indicates approval of the proposed use by 51% of the persons owning, residing or doing business within a radius of 1,000 feet of the proposed sobriety house.
(2)
The proposed use will not adversely affect the safe and comfortable enjoyment of the properties in the neighborhood and will not be detrimental to the general character of the area;
(3)
The establishment of the proposed facility will not be contrary to any program of the neighborhood and will not interfere with any program of urban renewal.
(4)
The conditions set forth in § 1102 of this chapter relating to conditional uses will be met.
(5)
All other applicable regulations of this chapter will be met in full.
§ 431 Accessory Buildings or Structures.
[Ord. 6-2007, 10/8/2007]
An accessory building(s) or structure(s) may be maintained in conjunction with a permitted, principal use, provided that the following standards are met:
A.
Accessory buildings or structures shall be set back in accordance with the yard requirements established in Part 3, District Regulations, and the supplemental requirements set forth in § 503 of this chapter.
B.
In the R-1, R-2 and R-3 Residential Districts, no accessory structure shall be located in front of the front building line of its principal building.
C.
No manufactured housing, mobile home units, buses, van bodies, or truck trailers may be used as accessory buildings or structures, except that no more than two temporary storage trailers may be permitted in the C-2 and I Districts for up to 30 days in any calendar year.
§ 432 Indoor Firing Ranges.
[Ord. No. 1-2014, 10/13/2014]
1.
For the purpose of this chapter, indoor firing ranges shall be defined as a building inside of which club members, or members of the public or of a school or other competitive team discharge firearms for target practice. Such facilities may be permitted only in those zoning districts as specified in the District Regulations, Part 3, and shall meet the requirements outlined below.
A.
License Requirements. It shall be unlawful for any person, partner, partnership or corporation to operate a indoor firing range without first obtaining a license pursuant to the terms of this section.
(1)
Application for a license to operate an indoor firing range shall be obtained from the Borough Zoning Officer. Upon completion, the application shall be returned to the Zoning Officer, together with the applicable fee. (Fees for the issuance of such licenses shall be as set forth in the Borough's fee schedule resolution.)
(2)
Licenses shall be issued by the Zoning Officer or other person designated by the Borough after it has been determined that the proposed facility will meet the requirements of this section and all other Borough ordinances, as well as all laws of the Commonwealth of Pennsylvania. The person, partnership or corporation operating the indoor firing range shall display the license in a prominent location on the premises. Upon changing ownership or name of the indoor firing range, the person, partnership or corporation operating the facility shall immediately notify the Zoning Officer or other Borough-designated person. Licenses issued under this section shall not be transferable and shall apply only to the specific location listed on the license.
(3)
Licenses shall be issued for a term of one year, to commence January 1 and to terminate on December 31 of each year. Licenses may be renewed annually, provided the facility still meets the requirements of this section.
(4)
The Zoning Officer or other person designated by the Borough, and his/her agent, servant or other designee, shall have the right to inspect the indoor firing range before issuing a license, prior to the issuance of a renewal license, or at any other time as the said officer shall deem appropriate in order to determine and verify that such indoor firing range fully complies with the requirements imposed by this chapter, all other Borough ordinances and the laws of the Commonwealth of Pennsylvania.
B.
Design of Indoor Firing Ranges. As part of the application for a license for such a use, the applicant shall submit written plans detailing compliance with the United States Department of Energy's range design criteria and other federal or state requirements.
C.
Minimum Standards for Operators. As part of an application for a license for such use, each applicant shall submit a written set of rules setting forth the facility operator's rules for use of the indoor firing range. Such responsibilities shall include, but need not be limited to, the following:
(1)
No individual under the minimum age to purchase a firearm in the Commonwealth of Pennsylvania shall be allowed on the premises unless accompanied at all times by a parent or legal guardian.
(2)
Establishing hours of operation that are between the hours of 7:00 a.m. and 10:00 p.m.
(3)
Requiring all individuals follow all state and federal laws for use and carrying of firearms.
D.
Noise Requirements. All indoor firing ranges must be operated in accordance with all noise limitation ordinances adopted now or in the future by the Borough of Hughesville.
E.
License Revocation. The Zoning Officer or other person designated by the Borough shall have the full authority to revoke the license of any indoor firing range found to have violated any of the provisions of this section, or any laws of the Commonwealth of Pennsylvania or United States. The operator of the facility shall have the right, upon receipt of notice of license revocation, to appeal the findings of the Zoning Officer or other Borough representative. The appeal shall be heard by a quorum of the Borough Council, who shall afford all parties the opportunity to present evidence at a public hearing and shall affirm or reverse the decision to revoke the license.
§ 433 Indoor Archery Ranges.
[Ord. No. 1-2014, 10/13/2014]
1.
For the purpose of this chapter, indoor archery ranges shall be defined as a building inside of which club members or members of the public or of a school or other competitive team discharge bows, crossbows, compound bows or similar devices (collectively "bows'") for target practice. Such facilities may be permitted only in those zoning districts as specified in the District Regulations, Part 3, and shall meet the requirements outlined below.
A.
License Requirements. It shall be unlawful for any person, partner, partnership or corporation to operate an indoor archery range without first obtaining a license pursuant to the terms of this section.
(1)
Application for a license to operate an indoor archery range shall be obtained from the Borough Zoning Officer. Upon completion, the application shall be returned to the Zoning Officer, together with the applicable fee. (Fees for the issuance of such licenses shall be as set forth in the Borough's fee schedule resolution.)
(2)
Licenses shall be issued by the Zoning Officer or other person designated by the Borough after it has been determined that the proposed facility will meet the requirements of this section and all other Borough ordinances, as well as all laws of the Commonwealth of Pennsylvania. The person, partnership or corporation operating the indoor archery range shall display the license in a prominent location on the premises. Upon changing ownership or name of the indoor archery range, the person, partnership or corporation operating the facility shall immediately notify the Zoning Officer or other Borough-designated person. Licenses issued under this section shall not be transferable and shall apply only to the specific location listed on the license.
(3)
Licenses shall be issued for a term of one year, to commence January 1 and to terminate on December 31 of each year. Licenses may be renewed annually, provided the facility still meets the requirements of this section.
(4)
The Zoning Officer or other person designated by the Borough, and his/her agent, servant or other designee, shall have the right to inspect the indoor archery range before issuing a license, prior to the issuance of a renewal license, or at any other time as the said officer shall deem appropriate in order to determine and verify that such indoor archery range fully complies with the requirements imposed by this chapter, all other Borough ordinances and the laws of the Commonwealth of Pennsylvania.
B.
Design of Indoor Archery Ranges. As part of the application for a license for such a use, the applicant shall submit written plans detailing compliance with the National Field Archery Association's Range Guidelines for Indoor Ranges, most recent edition, and other federal or state requirements.
C.
Minimum Standards for Operators. As part of an application for a license for such use, each applicant shall submit a written set of rules setting forth the facility operator's rules for use of the indoor archery range. Such responsibilities shall include, but need not be limited to, the following:
(1)
No individual under the minimum age to purchase a bow in the Commonwealth of Pennsylvania shall be allowed on the premises unless accompanied at all times by a parent or legal guardian.
(2)
Establishing hours of operation that are between the hours of 7:00 a.m. and 10:00 p.m.
(3)
Requiring all individuals follow all state and federal laws for use and carrying of bows.
D.
License Revocation. The Zoning Officer or other person designated by the Borough shall have the full authority to revoke the license of any indoor archery range found to have violated any of the provisions of this section, or any laws of the Commonwealth of Pennsylvania or United States. The operator of the facility shall have the right, upon receipt of notice of license revocation, to appeal the findings of the Zoning Officer or other Borough representative. The appeal shall be heard by a quorum of the Borough Council, who shall afford all parties the opportunity to present evidence at a public hearing and shall affirm or reverse the decision to revoke the license.