Jefferson City Zoning Code
ARTICLE VI
Supplementary Use Regulations
§ 198-43 Requirement of specific standards.
The purpose of this article is to provide additional requirements applicable to certain uses permitted by right, special exception and/or conditional use in the various zoning districts. In addition to the specific standards set forth in this article and in Articles III and IV, the general standards pertaining to uses permitted by special exception in § 198-42 and conditional uses in § 198-87 of this chapter must be met prior to approval for said uses in applicable zones.
§ 198-44 Accessory dwelling unit.
Where permitted, this use is subject to the following:
A.
Only one accessory dwelling unit shall be allowed per lot.
B.
The total building coverage for the principal dwelling, any other accessory structures, and the accessory dwelling unit together shall not exceed the maximum lot coverage requirement for the underlying zone, where applicable.
C.
The accessory dwelling unit shall be occupied by a maximum of not more than two persons, who are immediate family members of the owner of the principal dwelling.
D.
The accessory dwelling unit's utility systems shall be physically connected to the sewage disposal and water supply and all other utilities of the principal dwelling. In any case, however, all systems shall meet the requirements of the Borough Engineer and the Pennsylvania Department of Environmental Protection regulations regarding sewage disposal and water supply system whether on-lot or public.
E.
In addition to all parking requirements for the principal dwelling and accessory dwelling unit, unrestricted ingress and egress shall be provided for the accessory dwelling unit.
F.
The accessory dwelling unit shall be installed, located or constructed only in the rear yard and shall adhere to all setback requirements for principal uses.
§ 198-45 Adult day-care or child day-care center, nursery school.
Where permitted, this use is subject to the following:
A.
The facility shall obtain a certificate of licensure from the Pennsylvania Department of Public Welfare and shall provide a copy of said certificate to the Borough prior to occupancy approval by the Borough.
B.
Outdoor play areas for children must be located in a side or rear yard and shall be sufficiently enclosed to provide for the health and safety of the children as determined by the Zoning Hearing Board.
C.
Access shall be via an arterial or collector street as designated in the Borough's Comprehensive Plan.
§ 198-46 Adult regulated facility.
Where permitted, this use is subject to the following:
A.
An adult regulated facility shall not be located within 200 feet of a residential zone or use.
B.
An adult regulated facility shall not be located within 1,000 feet of any church, school, library, park, playground, child day-care center or any other adult regulated facility.
C.
Any building or structure used and occupied as an adult regulated facility shall be windowless, or have opaque covering over all windows or doors of any area in which materials, merchandise, film or services are exhibited or displayed; and no sale materials, merchandise, film or other offered items of service shall be visible from outside the building or structure.
D.
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film or service offered therein.
E.
Each and every entrance to the structure shall be posed with a notice that the use is a regulated facility that persons under the age of 18 are not permitted to enter and warning all others that they may be offended upon entry.
§ 198-47 Animal hospital, veterinary clinic.
§ 198-48 Bed-and-breakfast inn.
Where permitted, this use is subject to the following:
A.
Maximum guest stays shall be limited to seven days.
B.
Maximum of four guest rooms.
C.
One sign may be erected on the property. The maximum size shall be two square feet.
D.
The inn must comply with all applicable regulations, including, but not limited to, fire, health, safety and building codes.
E.
Bed-and-breakfast operations shall be conducted so as to be clearly incidental and accessory to the primary use of the site as a single-family dwelling.
§ 198-49 Cemetery.
Where permitted, this use is subject to the following:
A.
All burial plots or facilities shall be located at least 100 feet from all property or street lines.
B.
Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery.
C.
No burial plots or facilities are permitted in flood hazard areas.
D.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
E.
Pet cemeteries must meet all of the above applicable requirements.
§ 198-50 Club room, club grounds, meeting hall.
Where permitted, this use is subject to the following:
A.
Access shall be via an arterial or collector street as identified in the Borough's Comprehensive Plan.
B.
All outdoor recreation/activity areas shall be set back at least 10 feet from any property line.
C.
Screening shall be provided adjacent to any adjoining residential use or zone.
D.
Parking areas must be set back at least 10 feet from any adjoining residential use or zone.
§ 198-51 Cluster housing/open space development.
Where permitted, this use is subject to the following:
A.
In the case of residential developments of 10 acres or more, an added degree of flexibility in the placement, bulk and interrelationship of the buildings and uses within the development may be approved. The overall intensity of use and density of population shall be maintained while providing for new or additional design concepts. The gross area requirement may be waived if the proposed tract abuts an existing cluster development, is within an appropriate zoning classification and will enable a compatible extension of the existing development.
B.
Cluster housing/open space development is intended to preserve open space. Such open space will serve as recreational, scenic, public service, environmental and cultural conservation areas.
C.
In establishing a cluster housing development, the following guidelines shall be followed:
(1)
The total number of permitted dwelling units shall be determined on the basis of total tract area, exclusive of highway and utility rights-of-way. In no event shall the overall density exceed the permitted density for standard development in the RO Zone.
(2)
Permitted uses shall be limited to single-family detached dwellings, single-family semidetached dwellings, and single-family attached dwellings. The total number of both single-family semidetached and single-family attached dwellings may not exceed 25% of the total number of permitted dwelling units as described in Subsection A, above.
(3)
Public water and public sewer shall be provided.
(4)
Lot standards. Open space developments shall meet the following lot standards based on the type of dwelling unit:
Dwelling | Lot Area (square feet per dwelling) | Lot Width (feet per dwelling) | Front | Side | Rear |
|---|---|---|---|---|---|
Single-family detached | 10,000 | 80 | 30 | * | 35 |
Single-family semidetached | 4,000 | 40 | 30 | * | 35 |
Single-family attached | 2,000 | 20 | 30 | * | 35 |
NOTE: | |
* | To maximize the flexibility in lot layout and design, side setbacks shall be calculated based on maintaining a minimum between structures of 20 feet. A minimum of five feet may be shown on one lot and must be clearly delineated on the subdivision and land development plan. |
(5)
Street layout and standards. All lots shall front on the interior street network. No lot shall front on a collector or arterial road. Streets, curbs and sidewalks shall be installed consistent with the provisions of Chapter 158, Subdivision and Land Development, excepting that the Borough Council upon recommendation by the Planning Commission may permit the required street width to be reduced where, in its unlimited discretion, the Council determines that:
(6)
Minimum required open space shall be 30% of the total lot area, superseding any requirements set forth in Chapter 158, Subdivision and Land Development, § 158-31.
(a)
The following areas may not be calculated as part of the common open space: streets, private yards, minimum required spacing between buildings, parking areas and buffer areas on individual residential lots.
(b)
The common open space areas shall be accessible to all residents unless it is being farmed. Pedestrian ways shall interconnect residential units and common open space areas and adjoining developments, commercial and town center areas.
(c)
Common open space areas shall be designated as a continuous system of usable area. The areas designated as common open space shall form a unified system of compact, not scattered, open place.
(d)
Future development or sale of common open space shall be prohibited.
(7)
Building height shall remain as required in this chapter.
(8)
Parking shall be provided as two off-street spaces per dwelling unit plus 1/2 parking space per dwelling unit either on private street or in common parking areas dispersed throughout the development.
(10)
All other provisions of this chapter and any other applicable ordinance of the Borough shall apply to cluster housing/open space developments.
(11)
The application for a conditional use for this use shall contain the following information:
(a)
Cluster/open space development, the applicant shall be required to prepare a detailed natural and cultural features inventory of the site. Such features as may be determined by the Borough Council to represent significant or sensitive natural or cultural features shall become all or part of the required common open space. The site plan must identify, describe, and plot each of the following found on the proposed site:
[1]
One-hundred-year floodplain.
[2]
Steep slopes (contiguous areas in excess of one-quarter acre with slopes exceeding 15%).
[3]
Wetlands, streams, ponds, or other bodies of water.
[4]
Sinkholes, caves, vistas, or other significant geologic features.
[5]
Threatened or endangered species habitats.
[6]
Archaeological resources.
[7]
Historic resources.
[8]
Significant stands of mature trees.
(b)
A legal description of the property under consideration.
(c)
A site plan showing the location of all existing and proposed principal and accessory buildings and structures, parking lots, plantings, driveways and streets.
(d)
Proposed reservations for parks, playgrounds and other open spaces.
(e)
A vicinity map showing the location of the site in relation to the surrounding neighborhood.
§ 198-52 Convalescent home, nursing home or hospital.
Where permitted, this use is subject to the following:
A.
Lot area: one acre minimum.
B.
Lot width: 150 feet minimum.
C.
Setbacks: All buildings shall be located at least 35 feet from all property or street lines.
D.
Access shall be via an arterial or collector street as designated in the Borough's Comprehensive Plan.
E.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
F.
The facility must comply with all applicable building, health, safety and fire codes.
§ 198-53 Domiciliary care home.
Where permitted, this use is subject to the following:
A.
The facility must be certified by the York County Area Agency on Aging prior to occupancy approval by Jefferson Borough.
B.
Domiciliary care operations shall be conducted as an accessory use to the primary use of the property as a single-family residence.
C.
The domiciliary care home must be owner-occupied and only family members residing on the premises shall provide the care associated with a domiciliary care facility.
D.
No facilities for cooking or dining shall be provided in individual rooms or suites.
E.
The home must comply with all applicable fire, health, safety and building codes.
§ 198-54 Drive-in business.
Where permitted, this use is subject to the following:
A.
The subject property shall front on an arterial or collector road as designated by the Borough's Comprehensive Plan.
B.
Exterior trash receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. All applications shall include a description of a working plan for the cleanup of litter.
C.
All drive-through lanes shall be separated from the parking lot's passageways and interior access drives providing access to parking spaces.
D.
Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.
E.
All exterior seating/play areas shall be completely enclosed by a three-foot-high fence.
F.
On-site stacking lanes shall accommodate eight vehicles waiting to utilize the drive-in business and shall be situated to prevent vehicle backups onto adjoining roads.
§ 198-55 Farmette.
Where permitted, this use is subject to the following:
A.
Lot area: four acres minimum.
B.
All areas used for pasturing, grazing or exercising shall be securely fenced to prevent the escape of livestock. Such fencing may be located up to, but not on, the property line.
C.
All livestock except while pasturing, grazing or exercising, shall be housed in a building erected or maintained for that purpose.
D.
The building required by Subsection C hereof shall have a minimum setback of 100 feet from any property line.
E.
The accumulation and storage of manure or other odor producing substances shall not be permitted within 100 feet of any property line. The applicant shall provide evidence of effective means of animal waste collection and disposal.
F.
Screen planting shall be provided as directed by the Jefferson Borough Council.
G.
The keeping of livestock will be permitted based on the acreage of the individual farmette as follows:
Minimum Lot Area (acres) | Maximum Allowable Head of Livestock | |
|---|---|---|
4.00 | 2 | |
5.00 | 3 | |
6.00 | 4 | |
7.00 | 5 | |
8.00 | 6 | |
9.00 | 7 | |
10.00+ | 8 (maximum) |
H.
Newborn animals are allowed over the maximum allowable limit of livestock until one year after being weaned from the mother.
§ 198-56 Funeral home.
Where permitted, this use is subject to the following:
A.
Access shall be via a collector or arterial street as designated in the Borough's Comprehensive Plan.
B.
Public water must be utilized and the method of sewage disposal must be approved by the Pennsylvania Department of Environmental Protection.
C.
Points of vehicular ingress and egress shall be designed to minimize congestion and hazards and to allow free movement of traffic on adjacent streets.
§ 198-57 Greenhouse/horticultural nursery.
Where permitted, this use is subject to the following:
A.
All greenhouses and horticultural nurseries shall have vehicular access to a collector road as identified in the Borough's Comprehensive Plan.
§ 198-58 Group quarters.
Where permitted, this use is subject to the following:
A.
A minimum of 250 square feet of habitable floor area shall be provided for each occupant.
B.
A common kitchen and dining facility shall be provided, and no cooking or dining facilities shall be provided in individual rooms or suites. This provision is not intended to require such facilities if the affiliated institution provides them elsewhere.
C.
The use shall either be connected to a public sewer system approved by the Pennsylvania Department of Environmental Protection or evidence must be submitted indicating that the on-lot sewage disposal system is capable of handling the projected daily sewage flow.
D.
All group quarters shall comply with all applicable building, health, safety and fire codes.
§ 198-59 Halfway house.
Where permitted, this use is subject to the following:
A.
A minimum of 250 square feet of habitable floor area shall be provided for each occupant.
B.
A common kitchen and dining facility shall be provided, and no cooking or dining facilities shall be provided in individual rooms or suites. This provision is not intended to require such facilities if the affiliated institution provides them elsewhere.
C.
The facility must be served by sewage disposal facilities approved by the Pennsylvania Department of Environmental Protection.
D.
All halfway houses shall comply with all applicable building, health, safety and fire codes.
§ 198-60 Heavy storage, sales and/or service facility.
Where permitted, this use is subject to the following:
A.
A buffer yard 25 feet wide must be located on the site in all instances where the site adjoins a residential use or zone. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage.
B.
Any outdoor storage areas shall be enclosed by a wall or fence and screened from view of adjoining properties. No materials may be stored so as to create a public health hazard or a public nuisance.
C.
No toxic or hazardous materials may be stored on any property, except in compliance with applicable state regulations.
§ 198-61 Home occupation.
Where permitted, this use is subject to the following. Subject to the requirements below, the following home occupations may be authorized as an accessory use only in a dwelling unit or accessory building in the RT, RO and VC Zones: physician, dentist, clergyman, lawyer, engineer, accountant, architect, teacher, artist, licensed insurance or real estate agent, seamstress, barber, beautician and similar service occupations.
A.
Employees: No person other than a resident of the dwelling unit may practice the occupation. No more than two persons shall be employed to provide secretarial, clerical or other assistance.
B.
Pupils: No more than two pupils may receive instruction at a time.
C.
Coverage: Not more than 30% of the habitable floor area of the dwelling unit may be devoted to a home occupation. If located in an accessory building(s), the total area devoted to the home occupation(s) shall not exceed an area equal to 50% of the habitable floor area of the dwelling unit.
D.
Appearance: The character or external appearance of the dwelling unit must be that of a dwelling. No display of products may be shown so as to be visible from outside the dwelling or accessory building. A sign not larger than two square feet in area is permitted and may be illuminated only by indirect lighting.
E.
Parking: Besides the required parking for the dwelling unit, additional off-street parking is required as follows for each home occupation:
(1)
Two spaces for the home occupation and one space for each nonresident employee.
(2)
Two additional spaces shall be provided for a physician, dentist, barber or beauty shop.
(3)
Garages shall not be considered parking area for home occupations. Each space provided shall not have direct access to the street to avoid vehicles backing into the flow of traffic.
F.
Sales: There shall be no stock-in-trade stores nor commodities kept for sale which are not goods produced on the premises or used in connection with the permitted home occupation.
§ 198-62 House of worship.
Where permitted, this use is subject to the following:
A.
Side setback: Minimum side setbacks of 15 feet each shall be provided.
B.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
C.
Access shall be via a collector or arterial street as designated by the Borough's Comprehensive Plan.
D.
Any associated residential use shall either be located on a separate lot or be positioned so that the lot on which it and the house of worship are located could subsequently be subdivided, separating each use yet meeting all applicable dimensional requirements of the zone in which located. The residential use shall be subject to all applicable regulations of this chapter.
E.
Any associated educational or day-care uses shall be accessory and located on the same lot as the house of worship.
§ 198-63 Junkyard, automobile dismantling plant.
Where permitted, this use is subject to the following:
A.
Lot area: one acre minimum.
B.
Lot width: 150 feet minimum.
C.
Setbacks: Any area used for this purpose must be at least 50 feet from any property or street right-of-way line.
D.
The area to be used must be completely enclosed with a six-foot high fence so constructed as not to have openings greater than three inches in any direction and must include appropriate screening.
E.
No material may be stored or stacked so that it extends above the height of the fence.
§ 198-64 Kennel.
Where permitted, this use is subject to the following:
A.
Lot area: two-acre minimum.
B.
Setbacks: All animal runs, fenced enclosures, and similar structures shall comply with minimum setback requirements.
C.
All animals must be housed within a screened enclosure except while exercising.
D.
All outdoor running or activity areas must be enclosed to prevent the escape of the animals.
E.
Satisfactory evidence must be presented to indicate that adequate disposal of animal waste will be provided in a manner that will not create a public health hazard or nuisance.
§ 198-65 Medical clinic.
Where permitted, this use is subject to the following:
A.
Lot area: 20,000 square feet minimum.
B.
Lot width: 100 feet minimum.
C.
Side setbacks of 15 feet each must be provided.
D.
Access shall be via an arterial or collector street as designated in the Borough's Comprehensive Plan.
E.
Appearance must be harmonious with adjoining properties. This feature includes, but is not limited to, landscaping, signage and architectural controls.
F.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
G.
Accessory services, including laboratories and pharmacies for the use of patients visiting medical practitioners in the clinic, may be permitted as part of the clinic facility subject to the following specific conditions:
(1)
All entrances to parts of the building in which these accessory services are provided shall be from within the building, and any direct access from the street is prohibited.
(2)
The hours during which these services are provided shall be the same as those during which medical practitioners are receiving patients.
(3)
Signs or other evidence advertising or indicating the provision of these services visible from outside the building are prohibited; except that there may be erected one sign not exceeding two square feet in area attached to the building, any illumination thereof being white, nonflashing, and limited to an enclosed lamp design.
§ 198-66 Mini-storage facility.
Where permitted, this use is subject to the following:
A.
Parking for the individual storage units shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 20 feet wide where access to storage units is only on one side of the aisle and at least 24 feet wide where access to storage units is on both sides of the aisle.
B.
If a manager/business office is established on the site, at least four parking spaces must be provided adjacent to the office.
C.
The servicing or repair of stored equipment shall not be conducted on the premises. Also no business activities shall be conducted within the storage units.
D.
The storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals is prohibited.
E.
If a parking area is to be provided for the outdoor storage of recreational vehicles, such parking shall be in addition to any required parking.
F.
All outdoor lights shall be shielded to direct light onto the uses established and away from adjacent property.
G.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
§ 198-67 Mobile home park.
Where permitted, this use is subject to the following:
A.
The minimum tract area shall be one acre.
B.
Each mobile home lot (not including street right-of-way) must not be less than 8,000 square feet in area and not less than 60 feet wide at the street right-of-way line.
C.
Public water facilities and public or community sewer facilities approved by the Pennsylvania Department of Environmental Protection must be utilized.
D.
Setback requirements: Each mobile home lot shall adhere to the following minimum setback requirements*:
(1)
Front setback: 20 feet.
(2)
Rear setback: 10 feet.
(3)
Side setback: Each lot shall have side setbacks totaling not less than 30 feet; however, no one side setback shall be less than 12 feet.
NOTE: | ||
* | However, in no case shall the distance between any two mobile homes be less than 30 feet in any direction. | |
E.
The Zoning Hearing Board may require suitable screen planting, or may further restrict the proximity of mobile homes or other improvement to adjoining properties, or may attach such other conditions or safeguards to the use of land for a mobile home park as the Board may deem necessary to protect the general welfare.
F.
A mobile home park and extension thereof shall also comply with all applicable state and/or municipal regulations now in effect or hereafter enacted.
§ 198-68 Multifamily dwelling(s).
Where permitted, this use is subject to the following:
A.
Lot area: 20,000 square feet minimum.
B.
Lot width: 100 feet minimum.
C.
Side setback: Minimum side setbacks of 15 feet each shall be provided from the property line.
D.
Density: The maximum density shall be 10 dwelling units per acre of lot area.
E.
Distance between buildings: Where two or more multifamily dwellings are located on a single lot or parcel, the minimum distance between principal buildings shall be 40 feet.
F.
Length of buildings: 200 feet maximum.
G.
Public water and public or community sewer facilities approved by the Pennsylvania Department of Environmental Protection must be utilized.
H.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
§ 198-69 Nonconformity, expansion of.
Where permitted, this use is subject to the following:
A.
Expansion of the nonconformity shall be confined to the lot on which it is located on the effective date of this chapter or any amendment thereto creating the nonconformity.
B.
The total of all such expansion shall not exceed an additional 35% of the area of those buildings or structures devoted to the nonconforming use as they existed on the date on which such buildings first became nonconformities.
C.
Provision for access drives, off-street parking and off-street loading shall be consistent with standards required by this chapter.
D.
Provision for yards, building height and building area shall be consistent with the standards required for permitted uses in the zone in which the nonconformity in question is located.
E.
Appearance should be harmonious with surrounding properties. This feature includes, but is not limited to, landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control and maintenance in good condition of all improvements and open spaces.
F.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
G.
The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities except as provided for in § 198-38B(2).
§ 198-70 Park or other open space area.
Where permitted, this use is subject to the following:
A.
Consideration shall be given to traffic problems. If the nature of the park or open space area is such that it will generate a high volume of vehicular traffic, then access should be via an arterial or collector street as designated in the Borough's Comprehensive Plan.
B.
The Borough Council shall decide the appropriateness of the design of parking, lighting, and similar features of the proposed use to minimize adverse impacts on adjacent properties.
C.
Existing trees and vegetation shall be preserved, to the extent possible, to keep the area natural.
§ 198-71 Parking lot or garage.
Where permitted, this use is subject to the following:
§ 198-72 Personal care boarding home.
Where permitted, this use is subject to the following:
A.
The applicant must secure a license from the Pennsylvania Department of Public Welfare and submit a copy of said license to the Borough prior to occupancy approval by the Borough.
B.
No kitchen or dining facilities shall be permitted in individual rooms or suites.
C.
The facility must meet all applicable fire, health, safety and building codes.
D.
Sewage disposal facilities approved by the Pennsylvania Department of Environmental Protection must be utilized. If existing sewage disposal facilities are to be utilized, certification must be submitted to assure that such facilities are capable of adequately serving the proposed use.
§ 198-73 Public buildings and facilities.
Where permitted, this use is subject to the following:
A.
Setbacks: All buildings and facilities shall be set back at least 15 feet from any property line and 35 feet from a street right-of-way line.
B.
All off-street parking shall be at least 10 feet from adjoining property lines.
C.
Outdoor storage of materials, vehicles and related equipment shall be prohibited.
D.
Consideration shall be given to traffic problems. If the nature of the public building or facility is such that it will generate a high volume of vehicular traffic, then access should be via an arterial or collector street as designated in the Borough's Comprehensive Plan.
§ 198-74 Rooming house, boardinghouse.
Where permitted, this use is subject to the following:
A.
A rooming house or boardinghouse shall be owner-occupied and shall be an accessory use to a single-family dwelling.
B.
Any dwelling proposed for use as a rooming house or boardinghouse shall have a habitable floor area, in addition to the habitable floor area required for the principal dwelling, of 300 square feet for each roomer or boarder; provided, however, that each room to be used for sleeping purposes by a single person shall contain at least 72 square feet of floor area, and each room to be occupied by two or more persons shall contain at least 68 square feet of floor area per occupant.
C.
No facilities for cooking or dining shall be provided in individual rooms or suites.
D.
Sewage disposal facilities approved by the Pennsylvania Department of Environmental Protection must be utilized. If existing on-site sewage disposal facilities are to be utilized, certification must be submitted to assure that such facilities are capable of adequately serving the proposed use.
E.
All rooming houses and boardinghouses shall comply with all applicable regulations, including, but not limited to, fire, health, safety and building codes.
§ 198-75 Service station or convenience store dispensing fuel.
Where permitted, this use is subject to the following:
A.
Buildings must be set back at least 40 feet from the street right-of-way line.
B.
Pumps must be set back at least 15 feet from the street right-of-way line.
D.
Except along access drives, a concrete curb eight inches in height must be placed along all street right-of-way lines.
E.
All lights must be diverted toward the service station or downward on the lot.
F.
No outdoor stockpiling of tires or outdoor storage of trash is permitted. An area enclosed by a wall, fence or vegetative material and screened from view of adjoining properties shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.
G.
At least 10% of the lot on which the facility is situated must be devoted to natural landscaping.
§ 198-76 Shopping center or mall.
Where permitted, this use is subject to the following:
A.
Minimum lot area: one acre.
B.
Minimum lot width: 150 feet.
C.
All buildings must be set back at least 25 feet from any property line and 40 feet from a street right-of-way line.
D.
Access must be via an arterial or collector street as designated in the Borough's Comprehensive Plan.
E.
A buffer yard at least 20 feet wide must be provided on the site in all instances where the site adjoins a residential zone. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage purposes.
§ 198-77 Single-family attached dwelling.
Where permitted, this use is subject to the following:
A.
Minimum lot area: 3,000 square feet per dwelling unit, including the end units.
B.
Minimum lot width: 20 feet per dwelling unit, including the end units.
C.
There shall be no less than four and no more than six dwelling units in any row, and no building shall exceed 180 feet in length.
D.
Public water and a community or public sewer system approved by the Pennsylvania Department of Environmental Protection must be utilized.
§ 198-78 Solid waste processing facility.
Where permitted, this use is subject to the following:
A.
Any processing of solid waste, including, but not limited to, incineration, composting, shredding, compaction, material separation, recycling, refuse derived fuel and pyrolysis shall be conducted within a wholly enclosed building.
B.
No solid waste shall be stored and no building or structure shall be located within 150 feet of any property line.
C.
A buffer yard, at least 50 feet wide, shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within this area. The buffer shall be naturally landscaped and have no impervious cover.
D.
Any area used for the unloading, transfer, storage, processing or incineration of solid waste must be completely screened from ground-level view at the property line. (The use of an earthen berm is encouraged where practicable.) In addition, such areas must be completely enclosed by an eight-foot high fence, with no openings greater than two inches in any direction.
E.
All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed will not back up onto public roads.
F.
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences at gates or other positive means designed to deny access to the area at unauthorized times or locations.
G.
Hazardous waste as described by the Department of Environmental Protection shall not be accepted at the facility.
H.
The unloading, processing and transfer of solid waste shall be continuously supervised by a qualified facility operator.
I.
Any waste that cannot be used in any disposal process, or material that is to be recycled, shall be stored in leak and vector proof containers. Such containers shall be designed to prevent their being carried by wind or water.
J.
All storage of solid waste shall be indoors in a manner that is leak and vector proof. During normal operation, no more solid waste shall be stored on the property than is needed to keep the facility in constant operation; but in no event for more than 72 hours.
K.
A contingency plan for the disposal of solid waste during a facility shutdown shall be submitted to the Borough.
L.
The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.
(1)
In addition, a water feasibility study must be provided to enable the Borough to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility study shall be reviewed by the Borough Engineer.
(2)
A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge considering the water withdrawn by the proposed development shall not be approved by the Borough.
(3)
A water feasibility study shall include the following information:
(a)
Calculations of the projected water needs;
(b)
A geologic map of the area with a radius of at least one mile from the site;
(c)
The location of all existing and proposed wells within 1,000 feet of the site, with notation of the capacity of all high yield wells;
(d)
The location of all streams within 1,000 feet of the site and all known point sources of pollution;
(e)
Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;
(f)
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and the groundwater table; and
(g)
A statement of the qualifications and the signature(s) of the person(s) preparing the study.
M.
The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on current traffic flows on this road system, and projections of traffic generated by the proposed use. Improvements to the road shall be provided by the applicant to insure safe turning movements to and from the site and safe through movement on the existing road.
N.
No use and occupancy permit shall be issued for a solid waste disposal processing facility until the operation shall have submitted to the Zoning Officer proof that the facility complies with the regulations of the Department of Environmental Protection and has been permitted in writing by said agency.
§ 198-79 Tavern.
Where permitted, this use is subject to the following:
A.
Access shall be via an arterial or collector street as designated in the Borough's Comprehensive Plan.
B.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties from any adverse effects of the use or vehicular traffic. This includes, but is not limited to, fences, walls, plantings and open spaces.
C.
The use shall not constitute a public or private nuisance.
D.
The use must be more than 300 feet from any church, hospital, charitable organization, school or public playground.
E.
The use must be more than 200 feet from any other facility licensed by the Pennsylvania Liquor Control Board.
F.
The use must be more than 500 feet from any residential zoned neighborhood.
G.
The use shall meet all applicable state regulations.
§ 198-80 Truck or motor freight terminal.
Where permitted, this use is subject to the following:
A.
Access shall be via an arterial or collector street as designated by the Borough's Comprehensive Plan.
B.
A buffer yard at least 50 feet wide must be located on the terminal site in all situations where the site adjoins a residential zone. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for parking, building, loading or storage purposes.
C.
Storage of materials shall conform to all applicable state and federal regulations.
D.
Satisfactory provision shall be made to minimize harmful or unpleasant effects such as noise, odors, smoke, fumes, glare and vibration.
§ 198-81 Two-family conversion.
Where permitted, this use is subject to the following:
A.
There shall be a minimum of 4,000 square feet of lot area per dwelling unit.
B.
Where an existing dwelling is converted to a two-family dwelling, the character of the existing structure shall be maintained, except for the addition of a fire escape if necessary.
C.
Parking, minimum habitable floor area and all other applicable requirements of this chapter shall be met.
D.
Public sewer approved by the Pennsylvania Department of Environmental Protection must be utilized or else satisfactory evidence must be submitted to assure that the existing on-site sewage disposal system is capable of serving the additional unit.
E.
The structure shall comply with all applicable regulations, including, but not limited to, fire, health, safety and building codes.
§ 198-82 Two-family dwelling.
§ 198-83 Utility building or service structure, public or private.
Where permitted, this use is subject to the following:
A.
The storage of vehicles or equipment used in the maintenance of a utility shall not be permitted.
B.
No equipment causing unreasonable noise, vibration, smoke, odor or hazardous effect shall be installed.
C.
The external design and construction of the building (to the extent possible) shall be in conformity with the buildings in the surrounding area.
D.
There shall be no specific minimum lot size or lot width; however, each lot shall provide front, side and rear yard setbacks in accordance with the zone in which located.
E.
There shall be no maximum lot coverage requirement provided that a stormwater management plan for the site is approved by the Borough Engineer.
§ 198-84 Vehicle washing facility.
Where permitted, this use is subject to the following:
A.
All structures housing washing apparatus shall be set back at least 40 feet from any street right-of-way line and at least 15 feet from any side lot line.
B.
Trash receptacles must be provided and routinely emptied to prevent the scattering of litter.
C.
Access shall be via an arterial or collector street as identified in the Borough's Comprehensive Plan.
D.
Sufficient stacking lanes shall be provided to prevent vehicle backup on adjoining roads.
E.
A water feasibility study must be submitted to assure that adequate water supply is available.