Except as noted elsewhere in this chapter, no accessory building or structure shall be permitted within any required front or side yard and within five feet of the rear lot line. The minimum distance between an accessory building or structure within a rear yard and a side lot line shall be the side yard requirement of the applicable zoning district or five, whichever is less.

Except as noted elsewhere in this chapter, no accessory building or structure shall exceed 12 feet in height, excepting detached garages not to exceed 25 feet with setbacks half the building height.

Accessory buildings or structures customary to agricultural and horticultural uses shall not exceed 25 feet in height.

No permanent accessory building or structure shall be constructed on any lot prior to the commencement of construction of the principal building to which it is accessory.

Section 475-22B and C indicate accessory uses and their specifications for residential and nonresidential land uses.

Except as noted elsewhere in this chapter, a building permit must be issued by the designated person or firm authorized by Borough Council for all proposed accessory structures and buildings.

Unless otherwise specified within this chapter, detached garages, greenhouses and other outbuildings are permitted as accessory uses; provided, they are located within the building setback lines. All such uses shall be erected, enlarged and/or demolished in accordance with all applicable Borough building codes.

Paved terraces, patios or open porches; provided, that such terraces, patios or open porches comply with the front, side and rear setback which are designated for the zoning district in which the structure is located. The side yard setback shall not apply to a common lot line extending from a common wall.

Private noncommercial tennis courts shall not be located within the front yard and/or closer than 15 feet from side or rear property line. A tennis court shall not be located over a drainage field of a sewage disposal system.

Freestanding earth station satellite receiving dishes shall be mounted at ground level (where possible) and shall not be located within the front yard and/or closer than five feet from side or rear property lines. All dishes must be active; dishes removed from service must be physically removed within 30 days of inactivity.

Utility sheds shall not be permitted in the front yard and within three feet of the side or rear lot line. The minimum distance between a utility shed within a rear yard and a side lot line shall be three feet. All such utility sheds permitted under this section of this chapter shall not exceed a floor area of 180 square feet and a height of 15 feet.

No accessory building or structure for a nonresidential use shall be permitted within any required front or side yard and within 10 feet of any rear lot line.

Storage facilities are permitted; provided, that such facilities meet the requirements of § 475-30 and are located in areas which have direct access to a street or driveway. The outdoor storage of materials shall be screened from the view of adjacent properties.

Living quarters are permitted only for proprietors, watchmen, caretakers or similar employees.

Restaurants, cafeterias and/or recreational facilities are permitted; provided, they are intended for the use of employees only, unless they are permitted as principal uses in the zoning district in which they are constructed.

Open burning is not permitted in Kenhorst Borough unless such burning is consistent with the provisions and restrictions of all codes, regulations and/or ordinances adopted by Kenhorst Borough.

No gases, vapors, odors, and/or particulates shall be emitted from the facility which is detrimental to persons, property, animals or vegetation. No toxic, radioactive or corrosive gases, vapors or fumes shall be released into the atmosphere.

No odors causing annoyance or discomfort to the adjacent residents shall be detectable beyond the property lines of the site on which such odors originate. The Kenhorst Borough Zoning Officer and/or the designated person or firm authorized by Borough Council shall determine if the odor is considered offensive and is a nuisance.

The Pennsylvania Air Pollution Control Act, as amended,[1] in conjunction with Chapter 131, "Ambient Air Quality Standards," and Chapter 123, "Standards for Contaminants," of Title 25,[2] shall be considered as minimum standards for the control of smoke, dust, fumes and emissions.

No continuous, static, fluctuating and/or intermittent noise in excess of 50 decibels shall be permitted at the property line of the site on which the source of the noise originates between the hours of 10:00 p.m. and 7:00 a.m.[3]

The levels of all sound pressure testing shall be measured with a sound level meter and an octave band analyzer that conforms to the specifications published by the American Standards Associates.

No physical vibration shall be perceptible without aid of instruments at or beyond the lot lines with the exception of temporary construction activity.

Noise which is considered as loud, offensive, disruptive, excessive, crude and/or is uncustomary for the land use from which it is generated shall not be permitted.

In no case shall potentially hazardous effluent or waste from any operations be discharged.

Effluent must meet all standards specified by the Borough and/or Pennsylvania Department of Environmental Protection.

In no case shall stormwater hookups, including but not limited to, sump pumps, rain leaders, or floor drains, be connected to the sanitary sewer system.

No flammable or explosive liquids, solids or gases shall be stored in bulk above ground, except for tanks or drums of less than 600 gallons of fuel which is directly connected with engines, heating devices or appliances located and operated at the same site as the tanks or drums of fuel and which have been approved by the appropriate agencies.

The limits which are specified for fuel storage in this chapter shall not apply to agricultural uses and activities. However, all such requirements for the storage of fuel for agricultural uses shall be approved and/or permitted by the appropriate agencies.

All storage facilities for fuel, raw materials and products stored outdoors shall be enclosed by a security fence and planting screen adequate to conceal the storage facilities from the view of adjacent properties.

No materials or waste shall be deposited on site in such from or manner by which it can be transported off the site by natural causes or forces.

No substance which has the potential to contaminate groundwater or surface water shall be permitted to be stored outside unless the owner can provide safeguards which are satisfactory to the Borough and the Pennsylvania Department of Environmental Protection.

Section 475-30, Outdoor storage, shall also be applicable for nonresidential uses.

Trailers which are parked on any property for a period of time exceeding 30 consecutive days and are utilized for storage purposes of any type shall be considered as a temporary structure and shall be subject to the requirements specified under § 475-29 of this chapter.

All uses requiring energy in the form of electric, diesel, gas, oil, etc., shall comply with the most acceptable safety requirements recognized by the Pennsylvania Bureau of Labor and Industry and shall be so constructed and installed so as to be an integral part of the architectural features of the site.

Any utility which is viewed and regarded as offensive and unsightly shall be concealed by coniferous planting.

All electromagnetic radiation shall comply with the regulations of the Federal Communication Commission (FCC); provided that no electromagnetic radiation which interferes with radio or television reception or the operation of other equipment beyond the lot lines shall be produced.

No injurious electromagnetic radiation or radioactive emission shall be produced and all radioactive emissions shall be in accordance with all pertinent federal and state standards.

Where district regulations require buffer yards, screening and/or planting strips, the applicant shall submit a landscaping plan to the Borough for review and approval.

The landscaping plan shall show the location and arrangement of each buffer yard, the species, placement and size of all plant material selected and the type, placement and size of all fences to be placed in such buffer yards.

The type and density of planting shall adequately provide the screening effect required.

The plant materials utilized shall be selected from the approved list identified under § 475-34D of this chapter.

All plant materials shall be permanently maintained by the property owner and any plant material which does not live shall be replaced within six months.

Any portion of a site which is not utilized for buildings, accessory structures, loading or parking spaces, aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped according to an overall plan.

All buffer yards shall be maintained and kept clean of debris, rubbish, weeds and tall grass. Depending on the land use activity and intensity, the Borough may require that a fence be installed within the buffer yard or along the internal portion of the buffer yard. The fence shall be consistent with the standards specified under § 475-35 of this chapter.

Borough Council shall have the right to modify any of the above specifications if the applicant can demonstrate that the existing conditions of the site exceed all applicable requirements listed under this section.

All residential developments containing three or more dwelling units or nonresidential development greater than one gross acre shall submit a landscaping plan to the Borough of Kenhorst for review and approval.

The landscaping plan shall show the type, size and arrangement of all species selected.

The materials utilized shall be selected from the approved list identified under § 475-34D of this chapter.

All new residential buildings shall provide a minimum of two selected canopy, flowering or evergreen trees per lot.

All new nonresidential developments shall provide a minimum of three selected canopy, flowering and/or evergreen trees per gross acre.

All selected plant materials shall be planted a minimum of 10 feet outside of the legal right-of-way of all existing and proposed streets.

All selected plant materials shall be located so as not to interfere with the installation and maintenance of sidewalks, drainage facilities and/or utilities.

The strategic placement of trees throughout the development to serve as a buffer against the wind and sun is encouraged for energy conservation purposes.

All plant materials shall be located so as not to create a potential traffic hazard.

The Borough shall have the right to waive or modify any of the above specifications if the applicant can demonstrate that the existing conditions of the site exceeds all applicable requirements listed under this section.

Invasive plants and species are not permitted.

All new residential buildings require two trees.

All new commercial buildings require three trees planted five per 100 square foot, minimum 5% occupancy of the property.

Canopy trees are permitted, provided they are a minimum of two inches in caliper as measured 12 inches from the ground. The following is an approved list:

Flowering trees are permitted provided they are a minimum of 10 feet in height. The following is an approved list:

Buffer trees are permitted provided they are a minimum of six feet in height. The following is an approved list:

Hedges or hedgerows are permitted for buffer and screening purposes provided they are a minimum of four feet in height. The following is an approved list of hedges:

Any tree or shrub which dies within 18 months of planting shall be replaced. Any tree or shrub which, within 18 months of planting or replanting, is deemed, in the opinion of the Borough, to have grown in a manner uncharacteristic of its type, shall be replaced.

Substitutions for certain species may be permitted only when approved by the Kenhorst Borough Planning Commission and Council.

The developer or landowner shall deposit with the Borough a sum of money equal to the amount necessary to cover the cost of purchasing, planting, maintaining and replacing all vegetative materials for a period of 18 months. This condition shall be satisfied through an executed agreement between the Borough and developer.

No fence, wall and/or hedge is to be erected or planted within or encroaching upon the street right-of-way.

No fence or wall, except a security fence or decorative retaining wall, shall exceed six feet in height. All proposed fences and walls shall be designed and constructed in accordance with the specifications and proceedings of the designated person or firm authorized by Borough Council.

Security fences, cyclone fences, exceeding six feet in height, shall only be permitted for nonresidential land uses. The tops of security fences exceeding six feet in height may also utilize barb wire. All such security fences shall be adequately screened with suitable landscaping from the view of any adjacent properties.

All security fences exceeding six feet in height shall be reviewed and approved by Borough Council.

Office building. One space for the each 20,000 square feet of gross floor area.

Warehousing or wholesaling establishment. One space for each 10,000 square feet of gross floor area.

Other nonresidential uses. One space for the each 20,000 square feet of gross floor area.

A building is constructed or new use established.

The use of an existing building is changed to a use requiring more parking facilities.

An existing building is altered so as to increase the amount of parking spaces required.

Each parking space shall have a minimum area of 200 square feet with minimum dimensions of 10 feet by 20 feet. In addition, appropriate driveways, aisles and maneuvering space shall be provided to permit safe and convenient access to and use of the area provided for parking purposes. Proper access from a street, alley or driveway shall be provided.

Parking spaces for residential uses shall be located on the same lot as the use served. Parking spaces for other uses shall be provided for on the same lot as the use being served or in parking facilities within 300 feet of the use, except in the case of a shopping center or similar grouping of buildings on a lot, in which case all parking areas shall be provided entirely within the lot lines of the property.

All off-street parking spaces designated for residential units shall be located behind the street right-of-way line.

All parking spaces and means of access, other than those relating to a dwelling, shall be adequately illuminated during night hours of use. The illumination must be designed and located so that the light sources are shielded from adjoining residences and public and private streets. The illumination shall not be of excessive brightness and shall not produce a glare noxious at or beyond the boundaries of the parking area.

Common or joint parking facilities for two or more uses may be established; provided, that the number of spaces provided is not less than the sum of the spaces required for each individual use.

All common parking areas and access drives shall be paved. They shall have marked parking spaces, shall be graded to provide convenient vehicular access and proper drainage and shall be maintained in usable condition. The maximum grade of areas used for parking shall not exceed 5%, and the maximum grade of access drives shall not exceed 10%. Surface water shall not be concentrated onto public sidewalks and other premises.

The Borough may permit a gravel or stone off-street parking area if the applicant can provide evidence that the proposed land use activity is not compatible or does not require a paved off-street parking area. As part of the request, the applicant shall submit a stormwater management plan, a grading plan and an erosion/sedimentation control plan to the Borough for review and comment.

No areas necessary to fulfill the off-street parking requirements of this chapter shall be used for the sales, dead-storage, repair, dismantling or servicing of vehicles.

Off-street parking facilities existing at the effective date of this chapter shall not be subsequently reduced to an amount less than that required under this chapter for a similar new building or use.

The width of aisles in parking areas shall be no less than listed in the following table:

When the required number of parking spaces is computed and a fraction of a parking space results, any fraction which is below 1/4 may be disregarded and any fraction which is over 1/4 shall necessitate the provision of a full parking space.

The design of parking areas for all uses shall be such to prevent the backup of vehicles on a public street.

Where parking requirements are determined by the number of seats and no permanent seats are provided, only temporary seats, the number of parking spaces to be provided shall be based upon the capacity for temporary seats in normal usage.

Parking areas shall be arranged so that no portion of any vehicles parked within a designated parking space can extend over any property line of the lot on which it is parked.

Parking areas for nonresidential uses which are designed to contain more than three vehicles shall be screened from the view of persons on any land zoned R-1, R-2, R-3 and R-4 which is adjacent to the land on which the nonresidential parking area is located.

Parking areas and access drives for nonresidential uses shall be located a minimum of 10 feet from a lot line and street right-of-way line and the area between the parking area and the lot line or street right-of-way line shall be landscaped in accordance with the standards specified under § 475-34 of this chapter. Consideration should be given to providing landscaping within the interior of the off-street parking facility.

Nonconforming parking areas. No major repairs, substantial alterations or extensions to any building shall be permitted unless the plans for such change shall provide for bringing the entire property into conformance with all of the provisions of this section as if an application were being made for a permit to erect or construct all of the existing and proposed buildings and structures on undeveloped ground.

The parking of commercial or nonresidential vehicles shall be permitted in all zoning districts within the Borough; provided, they are not located within any street right-of-way or within the applicable front, side or rear yard setback. All such vehicles must be located within an enclosed building or must be located more than 25 feet from any property line. The building or parking area must be screened with suitable landscaping in order to conceal its view from any adjacent residential use.

The parking of major recreational vehicles or equipment including, but not limited to, boats, boat trailers, campers, coaches, motorized dwellings or similar equipment shall be permitted in all zoning districts within the Borough; provided, they are not located within any street right-of-way or within the applicable side or rear yard setback. Unless otherwise approved and permitted by Kenhorst Borough, all such vehicles or equipment shall not be utilized for living, sleeping and/or household purposes.

The number of off-street parking spaces to be provided for each use shall be sufficient to accommodate all employee, visitor, and customer parking. Minimum off-street parking requirements shall conform to the specifications under § 475-43C of this chapter.

Chapter 410, Subdivision and Land Development, provides additional design standards and specifications for off-street parking facilities.

Residential uses: two spaces per dwelling unit.

Group home: one space for each resident.

Student housing: one space for each occupant.

Wholesaling, warehouse or industrial use: one space per two employees for the combined employment of the two largest successive shifts.

Restaurant, tavern or similar use: one space for each four seats, plus one space for each employee on the largest shift.

Retail and service establishments: one space for each 150 square feet of gross floor area.

Office buildings: one space for each 400 square feet of gross floor area.

Motel, hotel, tourist home or similar establishments: one space for each rental unit, plus one space for each employee on the largest shift.

Medical, dental, and paramedical offices and clinics: 1 1/2 spaces for each patient exam area, plus one space per each employee.

Nursing home or home for the aging: one space for each employee, plus one space for each four beds.

Funeral home: one space for each four seats.

Roadside farm stand: not less than five spaces.

Drive-in eating establishment (no indoor seating provided): one space for each 2,000 square feet of lot area or one space for every 25 square feet of gross floor area, whichever is greater, plus one space for each employee on the largest shift.

Bowling alley: five spaces per alley.

Auditorium, gymnasium, theater, municipal building, place of worship, club or lodge, cafeteria utilized for public assemblage, or other place of public assemblage: one space for every three seats.

Library or museum: one space per 300 square feet of gross floor area.

Nursery schools: one space per employee, plus one space for loading and unloading of children for each five children accommodated in the school.

Elementary and junior high schools: one space per employee, plus 10 spaces per classroom. Refer to Subsection B(14), above, for additional requirements.

High schools: one space per four students, plus one space for each employee. Refer to Subsection B(14), above, for additional requirements.

Skating rinks, swimming pools, dance halls, indoor recreational establishments: one space per 50 square feet devoted to patron use.

Motor vehicle service station or repair garage: two parking spaces per service bay.

For any building or use not covered above or for any combination of uses set forth above, the designated person or firm authorized by Borough Council shall apply the standard for off-street parking spaces in the above schedule deemed to most closely approximate the proposed building or use.

One-way travel: 12 feet minimum and 26 feet maximum.

Two-way travel: 24 feet minimum and 36 feet maximum.

The area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display.

The area of a sign, painted upon or applied to a building, shall be considered to include all lettering, wording and accompanying designs or symbols, together with any backing associated with the sign.

Where the sign consists of individual letters or symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle or other shape which encompasses all of the letters and symbols.

Official traffic control signs and other official, federal, state, county or Borough government signs.

Temporary signs announcing a campaign, drive or event of a civic, philanthropic, educational or religious organization; provided, such sign shall not exceed 12 square feet in area and shall be removed immediately upon the completion of the campaign, drive or event.

Business signs offering the sale or rental of the premises upon which the sign is erected; provided it meets the requirements of the realty sign requirements.

Temporary signs of contractors, developers, architects, engineers, builders and artisans, or businesses erected and maintained on the premises; provided, that the area of such sign shall not exceed 12 square feet; and, provided, that such sign shall be removed upon completion of the work but in no case shall be permitted for more than 30 consecutive days in a calendar year.

Trespassing signs, signs indicating the private nature of a road, driveway or premises, signs controlling fishing or hunting on the premises; provided that the area of any such sign shall not exceed two square feet.

All signs must be located to comply with the requirements for clear sight triangles, as specified under § 475-36A of this chapter.

Signs directing patrons, members of audience to temporary exhibits, shows or events and signs erected in conjunction with a political election; provided, that such sign shall not exceed six square feet, shall be removed within one week after the date of the exhibit, show, event or election, shall not be posted earlier than two weeks before the date of the exhibit, show or event and that political signs shall not be posted earlier than one month prior to an election.

Signs expressing the opinion of the owners or occupants of the property on which signs are placed; provided, that no such sign shall be obscene or shall cause threat to the health or safety of the public, no such sign shall exceed 10 square feet and not more than one such sign shall be erected on any one street frontage.

Home occupation or name sign displaying the name and address of the occupant or the profession or activity of the occupant of a dwelling; provided, that not more than one such sign shall be erected for each permitted use or dwelling; and, provided, that the area of such sign shall not exceed two square feet; and, provided, that such sign shall be fixed flat on the main wall of such building or may be erected in the front yard, but not within 10 feet of the cartway.

Sign, bulletin, announcement board or identification sign for schools, churches, clubs, nonprofit groups, divisions of government, multifamily dwellings or other principal uses and buildings other than dwellings on the same lot therewith for the purpose of displaying the name of the institution and its activities or services; provided, that the area of any such sign shall not exceed 12 square feet and not more than one such sign shall be erected on any one street frontage.

Signs offering the sale of farm products, nursery products or livestock produced or raised on the premises; provided that the area of any such sign shall not exceed 12 square feet and not more than one such sign shall be erected on any one street frontage.

Signs denoting membership in agricultural associations, cooperatives or indicating specialization in a particular breed of cattle, hogs, etc., or in a particular hybrid or strain of plant; provided, that such sign is limited to six square feet and not more than one sign per 10 feet of road frontage.

Multifamily dwelling premises shall not be advertised by temporary real estate signs for more than 12 months after the building is constructed.

Directional signs, not to exceed two square feet each, erected within the project itself to direct persons to a sales or rental office or sample apartment.

Permanent identifying signs for the purpose of indicating the name of the multifamily project and for the purpose of identifying the individual buildings within the projects. Not more than one sign for each entrance to the project from a public street to identify the name of the project shall be permitted and no such sign shall exceed 10 square feet in size. Signs to identify the individual buildings within the project shall not exceed two square feet in size.

Business or commercial wall or freestanding signs on the same lot as the use to which it relates; provided, that the total of such signs shall be limited to two square feet for each lineal foot of horizontal building facade length, but not to exceed an aggregate area of 160 square feet. No more than two freestanding sign structures shall be permitted per lot.

Special temporary promotional devices, signs or displays shall be permitted on the outside of a building; provided, they are not on display for a total period of 30 cumulative days in any given year.

Off-site advertising signs may be erected and maintained within the C-1 and C-2 Zoning Districts. The following standards and specifications shall apply:

No sign shall be erected or maintained without the owner thereof having first obtained a permit from the Borough, which shall be issued by the Zoning Officer and/or the designated person or firm authorized by Borough Council, only upon receipt of a written application completed in duplicate, signed by the applicant and accompanied by five copies of a plan of the property or tract of land, prepared to scale, depicting dimensional limits of the sign face, the perimeter boundaries as taken from the deed for said tract, identifying the current owner of the tract, all adjacent owners, the next closest intersecting public roadways and any driveways or parking areas within 150 feet of the site, the proposed location of the sign area to be transferred in fee or controlled by lease and any and all easements or utility installation affecting such site and accompanied by five copies of a plan of the sign prepared to scale depicting the supporting structure and the specifications of the materials and methods of construction and maintenance to be employed, signed and certified by a registered licensed professional engineer.

Permit applications shall be reviewed by the Zoning Officer and/or the designated person or firm authorized by Borough Council for compliance with this chapter and upon approval by both, a permit shall be issued to remain in effect for a period of three years from the date of issuance of the permit, subject to renewal for additional three-year intervals upon written reapplication and presentation of documentation establishing applicant's continued compliance with the terms and conditions of this chapter concerning weed control, maintenance, illumination and other terms not to include the location of the site itself, but to include any terms or conditions appearing on the face of the permit.

Permit applications shall be accompanied by a check or cash in full satisfaction of an initial application fee to be established by resolution of Borough Council.

Projection. No sign shall project more than 12 inches from the building facade to which it is attached. No freestanding sign may project beyond the lot line or beyond a street right-of-way.

Height. No sign that is a part of or is supported by a building shall be erected upon the roof of such building, nor shall such sign extend above the height of the building. Freestanding signs shall meet the height requirements of the particular district in which they are located.

Clearance. No sign structure erected directly upon the ground shall have less than three feet of clear space between such sign and the ground; however, necessary supports may extend through such open space.

Illumination. Signs may be lighted with nonglaring lights or may be illuminated by shielded floodlights; provided, that lighting is screened from adjacent properties, and meets PA DOT requirements for lighted signs.

Placement. No signs shall be permitted which are posted, stapled or otherwise permanently attached to public utility poles or trees within a street right-of-way. No portion of any freestanding sign shall be located within five feet of any side lot line.

Construction. All signs, except temporary signs, shall be constructed of durable material and kept in good condition and repair. Any sign which is allowed to become dilapidated may, after 30 days' notification, be removed by the Borough at the expense of the owner or lessee of the property on which it is located.

Modification of an existing sign. Any sign that is proposed to be modified or altered, with the sole exceptions of changing messages on an electronic or bulletin board style sign, shall be required to obtain a sign permit for the modification prior to the commencement of construction.

No lighted signs of intermittent flashing animated or rotating types shall be permitted.

No sign other than those permitted by ordinance shall be erected or maintained. Upon termination or abandonment of any building or land use, all signs pertaining to that use must be removed within 60 days of said termination or abandonment.

No sign shall be mounted or located in such a manner as to block or restrict the operation of any door or window or to block or restrict the movement into or out of any exit or entrance of a building or driveway.

A sign affixed to any vehicle or other object in such a manner that the carrying of such sign or signs no longer is incidental to the primary purpose of the vehicle or objects but becomes a primary purpose in itself shall be prohibited.

Signs upon which are used for directing patrons, members or audiences to service clubs, churches or nonprofit organizations may be erected, subject to the following requirements:

Each parcel shall be permitted a maximum of one freestanding realty sign advertising the parcel for sale.

The maximum realty sign size is 36 inches by 48 inches.

No realty signs may be affixed to a building without obtaining a sign permit from the Borough.

All realty signs not located on the parcel for sale shall be considered temporary in accordance with § 475-29. Any realty sign off premises will require a permit from the Borough.

No sign shall be located to obscure a motorist's view of roadway, intersections, railway crossings, traffic signals, stop signs or other warning devices.

All signs shall be erected in conformance with the Federal Highway Beautification Act.[2]

Minimum regulations:

Maximum regulations:

Minimum regulations.

Maximum regulations.

Sign messages shall be limited to written descriptions of material or services available on the premises.

Sign messages shall not include any graphic or pictorial depiction of material related to specific sexual activities or anatomical areas.

Advertisements, displays or other promotional materials related to specific sexual activities or anatomical area shall not be shown or exhibited so as to be visible to the public from the exterior of the building.

Adult business uses shall be limited to two square feet in sign area, with lettering on said signs not exceeding four inches in height.

The entrance of the adult business should include a sign warning all individuals that the premises is classified as an adult business.

The use of solar energy systems, including solar collectors, storage facilities, distribution components, heating and cooling facilities, is a permitted use in all zoning districts.

All developments and/or structures shall be oriented to the fullest extent possible to maximize the use of passive and/or active solar applications as would be appropriate for the site.

Detached solar collectors used solely for such purposes shall be considered permissible accessory structures in districts.

The solar collector shall be used as part of the functioning solar energy system.

Abandonment and removal. Any solar panel (roof or ground) that has not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal.

The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

Setbacks, placement and height restrictions:

Wind turbines for residential use shall be permitted as an accessory use within all zoning district(s). However, zoning and building permits must be obtained prior to the construction of the same, and the same shall comply with the following:

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

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

Wind turbines shall not be climbable up to 15 feet above ground surface.

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

Setbacks.

The facility owner shall, at its expense, complete removal of any wind turbines, within 12 months after the end of the useful life. The wind turbines will be presumed to be at the end of its useful life, if no electricity is generated for a period of 12 months.

An environmental and historical assessment statement shall be required for any subdivision plan creating three or more lots.

The assessment statement shall be prepared by a qualified professional. Qualifications of the professional shall be submitted by the Borough.

For the environmental assessment, the study and statement shall be completed by a professional engineer, wetlands scientist, biologist, or related disciplines hired by the applicant.

For the historical assessment, the study and statement shall be completed by an expert in historic preservation, historical architecture, or related disciplines hired by the applicant.

Overall description. Describe the proposed or recommended actions, its purposes, where it is to be located, when it is proposed to take place and its interrelationship with other projects or proposals, including information and technical data sufficient to permit assessment of environmental impact by reviewing agencies.

Environmental description. Include a comprehensive description of the existing environmental characteristics without the proposal and the probable future environment with the proposals. This description should focus both on the environmental details most likely to be affected by the proposal and on broader regional aspects of the environment, including ecological interrelationships, existing land use, and wildlife habitat. Particular attention should be given to the potential effects of past or present use of this site as a dumping ground, repository of toxic or hazardous wastes, or other potential sources of contamination.

Historical description. Include a comprehensive description of the historic resources in and around the site that will or may be impacted. The description should focus on both registered and unregistered buildings, sites, and areas. Particular attention should be given to potential noise, light and aesthetic impacts from the proposal.

The environmental and historical impact of the proposed action. These impacts are defined as direct or indirect changes in the existing environment, historical structures and character of the area, either beneficial or detrimental. These impacts should be quantified. This discussion should include the impact not only upon the natural environment but upon land as well. Provide separate discussions for such potential impacts as man-caused accidents and natural catastrophes and their probabilities and risks. Specific mention should also be made of unknown or partially understood impacts.

Mitigating measures included in the proposed action. Include a discussion of measures which are proposed to be taken or which are required to be taken to enhance, protect or mitigate impacts upon the environment, including any associated research or monitoring. The beneficial and adverse effects of the alternatives should be discussed, along with the reasons for rejection. Where appropriate, consideration should be given to alternate construction methods which may avoid degradation.

Natural resources.

Man-made resources.

Background information.

Proposed alterations.

Mitigation measures. A plan for mitigating the project's impact on historic resources, including design alternatives, buffering, landscaping and any other appropriate measures permitted under the terms of this chapter and other ordinances shall be submitted for review and approval by Planning Commission.

Utility runway visual approach surface zone. Slopes 20 feet outward for each one foot upward beginning at the end of the runway and at the same elevation as the primary surface, 343 feet above mean sea level, and extending to a horizontal distance of 5,000 feet along the extended runway center line.

Excepted height limitations. Nothing in this section shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree or other natural growth to a height up to 35 feet above the surface of the land.

Use restrictions. Notwithstanding any other provisions of this section, no use may be made of land or water within any zone established by this section in such a manner as to create electronic interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare or smoke in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any other way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

Nonconforming uses.

Future uses. Except as specifically provided hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree or other natural growth shall be planted in any zone hereby created within this section unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree or other natural growth would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.

Existing uses. Before any nonconforming structure may be replaced, substantially altered or rebuilt or any nonconforming tree or other natural growth is allowed to grow higher or replanted, a permit must be secured from the Zoning Officer. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree or other natural growth to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made.

Variance. As regulated by Act 164[1] and defined by 14 CFR 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport, shall first notify the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. Any application for a variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. Additionally, no application for variance to the requirements of this section may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the Airport Manager (or person of equal description) for advice as to the aeronautical effects of the variance. If the Airport Manger (or person of equivalent description) does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act without such input to grant or deny said application. Any request for a variance shall include documentation in compliance with 14 CFR Part 77, Subpart B (FAA Form 7460-1, as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:

Hazard marking and lighting. In granting any permit or variance under this section, the Zoning Hearing Board shall, if it deems the action advisable to effectuate the purpose of this section and reasonable under the circumstances, so condition the permit or variance to install, operate and maintain thereon such markers and light as may be required by guidelines or regulations adopted by the Federal Aviation Administration.

Notice to department. The Zoning Hearing Board, upon the decision to grant a permit or variance under this section, shall notify the Pennsylvania Department of Transportation, Bureau of Aviation, of its decision. This notice shall be in writing and shall be sent to the Department of Transportation at the same time as to the applicant. The decision shall not be effective for 10 days after it is rendered to allow the Department of Transportation time within which to appeal the decision.