Lock Haven City Zoning Code
ARTICLE XX
Supplemental Regulations
§ 410-123 Applicability.
A.
In addition to the general provisions for principal, accessory and/or temporary uses within a particular zoning district established in Articles IV through XIII of this chapter, and the additional general provisions for uses established in Article XIX and elsewhere in this chapter, this article sets forth the specific standards and supplemental regulations that shall be applied to each principal, accessory and/or temporary use identified herein. These specific use standards and supplemental regulations must be satisfied prior to approval of any application for a zoning permit, occupancy permit, temporary permit, special exception and/or conditional use. The applicant shall be required to demonstrate compliance with these standards and regulations and must furnish whatever evidence is necessary to demonstrate such compliance.
B.
All principal, accessory and/or temporary uses identified subsequently herein this article, must comply with the general provisions for uses within a particular zoning district in which the use is to be located, unless different standards are established herein the subsequent sections of Articles IV through XIII of this chapter; in any case, the more restrictive of the general and specific provisions shall apply.
C.
For the purposes of this article, any required setbacks shall be measured from the boundary line of the site for which the zoning permit, occupancy permit, temporary permit, special exception and/or conditional use is requested, regardless of whether or not this line corresponds to a property line or a lease line.
§ 410-124 Additional supplemental standards and requirements for specific principal uses.
A.
Each of the following uses shall meet all of the following requirements for that use:
(1)
Adult-related uses. Adult-related uses are permitted, subject to the following criteria:
(a)
No portion of a building occupied by an adult-related use shall be permitted to be located within 1,000 lineal feet of any other building occupied by an adult-related use.
(b)
No portion of a building occupied by an adult-related use shall be located within 250 lineal feet of any residential zoning district boundary or any existing residential use.
(c)
No portion of a building occupied by an adult-related use shall be located within 1,000 lineal feet of any property which contains any one or more of the following specified land uses where minors may congregate:
[1]
Commercial recreation facility, indoor/outdoor;
[2]
Day-care facility primarily for children;
[3]
Library;
[4]
Park, playground, playfield;
[5]
Place of worship/assembly;
[6]
School, private/public;
[7]
Swimming pool, public; or
[8]
Other lands, buildings, and uses where minors are permitted to congregate.
(d)
No materials, merchandise, or film offered for sale, rent, lease, loan, or for view upon the premises shall be exhibited or displayed outside of a building or structure.
(e)
Any building or structure used and occupied as an adult-related establishment shall be windowless, or have an opaque covering over all windows or doors of any area in which materials, merchandise, or film are exhibited or displayed, and no sale materials, merchandise, or film shall be visible from outside of the building or structure.
(f)
All signs shall comply with Article XVII of this chapter. No sign shall be erected upon the premises pictorially depicting or giving a visual representation of the type of materials, merchandise or film offered therein.
(g)
Each entrance to the premises shall be posted with a notice specifying that persons under the age of 18 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.
(h)
No adult-related use may change to another adult-related use, except upon approval of an additional conditional use.
(i)
The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.
(j)
No unlawful sexual activity or conduct shall be permitted.
(k)
No more than one adult-related use may be located within one building or shopping center.
(m)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(n)
All adult-related uses shall comply with all other applicable federal, state, and City regulations.
(2)
Airports. Airports are permitted, subject to the following criteria:
(a)
All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.
(b)
The applicant shall furnish evidence of the obtainment of a license from the PennDOT Bureau of Aviation and Federal Aviation Administration (FAA) (if applicable) prior to the approval of the application.
(c)
No part of the takeoff/landing strip and/or pad shall be located nearer than 300 lineal feet from any property line.
(3)
Animal hospital/veterinary clinics. Animal hospital/veterinary clinics are permitted, subject to the following criteria:
(a)
Minimum lot area. Unless animals are kept inside at all times, each site shall contain at least one acre; otherwise, the minimum lot area requirement of the applicable zoning district shall apply.
(b)
All structures where animals are kept shall be completely enclosed and soundproofed in a manner to prevent sound and odor from traveling outside, such as solid-core doors, sound-absorbent ceilings and forced-air ventilation.
(c)
All structures where animals are kept that are not completely enclosed, and also including any outdoor animal pens, stalls, and runways, shall be located within the rear yard. These outside and unenclosed facilities shall be a minimum of 50 lineal feet from all property lines, and 150 lineal feet any residential zoning district boundary or any existing residential use.
(d)
Within the CBD Zoning District, all activities shall be performed within a completely enclosed building.
(e)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(f)
Where outdoor animal pens, stalls, or runways are permitted, animals shall be permitted to exercise outside daily between the hours of 8:00 a.m. to 8:00 p.m.
(h)
The applicant shall furnish evidence of effective means of animal and veterinary waste collection and disposal that shall be implemented.
(4)
Automated banking facility. Automated banking facilities are permitted, subject to the following criteria:
(a)
Within the CBD Zoning District, drive-through facilities shall be prohibited.
(b)
Trash receptacles shall be provided and routinely emptied to present the scattering of litter, and the applicant shall furnish and implement a working plan for the cleanup of litter and debris.
(c)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(d)
All automated teller machines shall be located, or contain convenient parking spaces, so that the movement of vehicles will not be hampered by those cars belonging to persons using the automated teller machines.
(e)
Where practicable, all drive-through window lanes shall be separated from the parking lot's interior driveways.
(f)
Where practicable, all drive-through window facilities and lanes shall be located on a building wall facing away from an adjoining property within a residential zoning district or any existing adjacent residential use.
(g)
Where practicable, all drive-through window facilities and lanes shall be located on a building wall facing away from a public street, except alleys.
(h)
Sufficient stacking lanes shall be provided associated with drive-through windows, to prevent vehicle backups on adjoining streets. A minimum one-hundred-foot-long on-site stacking area for the vehicles shall be provided on the site. No vehicle will be allowed to stack or form on public streets. Furthermore, each drive-through lane shall have on-site directional signs, indicator lights or pavement markings identifying the direction of travel and lane status (i.e., open versus closed).
(5)
Automobile, heavy equipment and similar motor vehicle rental and sales. Automobile, heavy equipment and similar motor vehicle rental and sales are permitted, subject to the following criteria:
(a)
The subject property shall front on an arterial or collector road as provided in the most recent version of the City of Lock Haven Comprehensive Plan.
(b)
Automobile, heavy equipment and similar motor vehicle display and inventory shall not occupy any part of the existing or future street right-of-way or required off-street parking areas.
(c)
Automobile, heavy equipment and similar motor vehicle display and inventory shall not be permitted to be parked on or occupy sidewalk areas.
(d)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. No entrance or exit shall be located closer than 35 lineal feet to an existing street intersection.
(e)
Automobile, heavy equipment and similar motor vehicle display and inventory areas shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface, such as concrete or bituminous concrete surface.
(f)
Automobile, heavy equipment and similar motor vehicle display and inventory shall be aligned and displayed in an orderly fashion so that circulation for firesafety can be maintained at all times.
(g)
Where automobile, heavy equipment and similar motor vehicle display and inventory areas abut a street right-of-way and public sidewalk area, a perimeter landscape strip, a minimum of five feet wide, with grass or other living ground cover, shall be planted, mulched and maintained on all portions of the perimeter landscape strip, and shall be provided and protected by permanent curbing.
(h)
All authorized accessory activities (i.e., minor incidental repairs, state inspections, oil changes and lubrications, tune-ups, and similar activities) except automobile, heavy equipment and similar motor vehicle display and inventory area, shall be performed within a completely enclosed building.
(i)
All ventilation equipment outlets associated with the authorized accessory service/repair work area(s), including service bay doors, shall not be oriented directly toward any adjoining property within a residential zoning district or any existing adjacent residential use.
(j)
The demolition or junking of automobile, heavy equipment and similar motor vehicles is prohibited.
(k)
The storage automobile, heavy equipment and similar motor vehicle on the property without current registration is prohibited.
(m)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(6)
Automotive wrecking, junk, scrap storage and sales establishments. Automotive wrecking, junk, scrap storage and sales establishments are permitted, subject to the following criteria:
(a)
Minimum lot area shall be five acres.
(b)
All junk shall be at least 100 lineal feet from any adjoining lot, and no junk, scrap, machinery or equipment of any kind shall be stored in front of the principal building.
(c)
No junk, scrap, machinery or equipment of any kind shall be stored in front, side, or rear yard setback areas. All unpaved yard setback areas shall be covered with grass or similar vegetative material.
(d)
All junk, scrap, machinery and equipment shall be at least 200 lineal feet from any public street, adjoining property within a residential zoning district or any existing adjacent residential use.
(e)
All completely enclosed buildings used to store junk shall be set back at least 50 lineal feet from all property lines.
(f)
All materials and activities not within completely enclosed buildings shall be surrounded by a fence or wall at least six feet but not more than eight feet in height. Such fence shall be completely sight-obscuring and maintained in good condition. Any gate in a fence shall be similarly constructed and maintained and shall be kept securely locked at all times when the establishment is not in operation.
(g)
All paper, cloth and rags and other fibers, and activities involving the same other than loading and unloading, shall be within fully enclosed building.
(h)
All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height greater than 10 feet.
(i)
No material may be stored or stacked so that it is visible from abutting properties or adjoining street rights-of-way.
(j)
No material shall be placed in any establishment in such a manner that it is capable of being transferred off the premises by wind, water or other natural causes.
(k)
No material shall be burned or incinerated at any time.
(l)
No automotive wrecking, junk, scrap storage and sales establishments shall be located on land with a slope in excess of 5%.
(m)
All vehicles within the automotive wrecking, junk, scrap storage and sales establishments shall be completely drained of fuel, lubricants, battery fluid, transmission fluid, brake fluids, coolants, and air-conditioning fluids.
(n)
All additional federal and state laws shall be satisfied.
(o)
All yard setback areas shall at all times be clean, vacant and well maintained.
(p)
The establishment shall at all times be maintained in such a manner as to prevent:
(q)
Every structure erected upon the lot after the effective date of this chapter shall be of fireproof construction, with the exception of fences.
(s)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(7)
Automotive service station. Automotive service stations are permitted, subject to the following criteria:
(a)
The subject property shall front on an arterial or collector road as provided in the most recent version of the City of Lock Haven Comprehensive Plan.
(b)
No street entrance or exit for vehicles and no portion or equipment of an automotive service station shall be located within 150 lineal feet of any property which contains any one or more of the following specified land uses where minors may congregate:
(c)
All structures (including gasoline pump islands; fuel, oil, and lubrication storage facilities and outdoor storage areas for vehicles, but not permitted signs) shall be set back at least 30 lineal feet from any street right-of-way or property line.
(d)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. No entrance or exit shall be located closer than 25 lineal feet to an existing street intersection.
(e)
All ventilation equipment outlets associated with the service/repair work area(s), including service bay doors, shall not be oriented directly toward any adjoining property within a residential zoning district or any existing adjacent residential use. Additionally, ventilation equipment associated with fuel storage tanks shall be set back 100 lineal feet from an adjoining property within a residential zoning district or any existing adjacent residential use.
(f)
All authorized activities (i.e., minor incidental repairs, state inspections, oil changes and lubrications, tune-ups, and storage of all automobile parts, and similar activities), except those normally required to be performed at the fuel and air pumps, shall be performed within a completely enclosed building.
(g)
The outdoor storage of vehicles shall not be permitted in front of the principal service building. No more than three vehicles may be stored per service bay.
(h)
No stored vehicle shall occupy any part of the existing or future street right-of-way or required off-street parking areas.
(i)
No stored vehicle shall be permitted to be parked on sidewalk areas.
(j)
All areas designed for the outdoor storage of vehicles shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface, such as concrete or bituminous concrete surface.
(k)
No vehicle shall be stored upon the site for more than one month.
(l)
No vehicle shall be stored upon the site without current registration.
(m)
Fuel delivery shall not impede traffic-flow patterns.
(n)
All reasonable provisions shall be made to prevent or minimize noise, odor, and vibration, light or electrical interference adjoining property within a residential zoning district or any existing adjacent residential use in accordance with Article XIX of this chapter.
(p)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(q)
The applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(r)
All applicable approvals of both state and federal agencies must be obtained.
(8)
Automotive vehicle repair center. Automotive vehicle repair centers are permitted, subject to the following criteria:
(a)
The subject property shall front on an arterial or collector road as provided in the most recent version of the City of Lock Haven Comprehensive Plan.
(b)
No street entrance or exit for vehicles shall be located within 150 lineal feet of any property which contains any one or more of the following specified land uses where minors may congregate:
(c)
All structures, excluding including permitted signs, shall be set back at least 30 lineal feet from any street right-of-way or property line.
(d)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. No entrance or exit shall be located closer than 35 lineal feet to an existing street intersection.
(e)
All ventilation equipment outlets associated with the service/repair work area(s), including service bay doors, shall not be oriented directly toward any adjoining property within a residential zoning district or any existing adjacent residential use. Additionally, ventilation equipment associated with fuel storage tanks shall be set back 100 lineal feet from an adjoining property within a residential zoning district or any existing adjacent residential use.
(f)
All authorized activities (i.e., major and minor mechanical work, servicing and repairs, and similar activities) shall be performed within a completely enclosed building.
(g)
The outdoor storage of vehicles shall not be permitted in front of the principal service building. No more than three vehicles may be stored per service bay.
(h)
No stored vehicle shall occupy any part of the existing or future street right-of-way or required off-street parking areas.
(i)
No stored vehicle shall be permitted to be parked on sidewalk areas.
(j)
All areas designed for the outdoor storage of vehicles shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface, such as concrete or bituminous concrete surface.
(k)
No vehicle shall be stored upon the site for more than one month.
(l)
No vehicle shall be stored upon the site without current registration.
(m)
All reasonable provisions shall be made to prevent or minimize noise, odor, and vibration, light or electrical interference adjoining property within a residential zoning district or any existing adjacent residential use in accordance with Article XIX of this chapter.
(o)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(p)
The applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(q)
All applicable approvals of both state and federal agencies must be obtained.
(9)
Boarding house. Boarding houses are permitted, subject to the following criteria:
(a)
In residential districts, any permitted boarding house use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
(b)
Building height and setbacks shall be consistent with surrounding development in the neighborhood.
(c)
Fire escapes, where required, shall be located in the rear of the building and shall not be located on any wall facing a street right-of-way, excluding alleys.
(d)
All guest rooms available for boarding shall be located within the principal building.
(e)
All guest rooms shall contain a minimum of 90 square feet of habitable floor area per person, exclusive of common areas.
(f)
Accommodations shall be limited to no more than five guest rooms for rent, accommodating not more than 10 tenants/guests in a residential zoning district; and 10 guest rooms for rent, accommodating not more than 20 tenants/guests in other zoning districts.
(g)
All guest rooms shall be limited to two persons each.
(h)
Meals for compensation shall be provided only to registered tenants of the boarding house. No cooking facilities shall be provided or permitted in the individual guest rooms.
(i)
All off-street parking shall comply with Article XVIII of this chapter, shall not be located in front of the principal building, and shall be set back a minimum of 10 lineal feet and be screened from adjoining property within a residential zoning district or any existing adjacent residential use.
(k)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(l)
All uses must comply with City building, health, housing, rental, safety, property and other applicable code requirements.
(m)
All uses must comply with Pennsylvania Department of Labor and Industry requirements.
(10)
Car wash. Car washes are permitted, subject to the following criteria:
(a)
The subject property shall front on an arterial or collector road as provided in the most recent version of the City of Lock Haven Comprehensive Plan.
(b)
No car wash use shall be located within 200 lineal feet of any residential zoning district boundary or any existing residential use.
(c)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. On-lot traffic circulation channels and parking areas shall be clearly marked.
(d)
Provide separate entrance and exit facilities with paved driveways. Minimum width of access drives and stacking lanes for waiting cars shall be provided in accordance with Article XVIII of this chapter.
(e)
No entrance or exit shall be located closer than 35 lineal feet to an existing street intersection.
(f)
No street entrance or exit for vehicles shall be located within 150 lineal feet of any property which contains any one or more of the following specified land uses where minors may congregate:
(g)
All uses must provide sufficient off-street parking, standing, and stacking for waiting motor vehicles. The parking, standing, and stacking area shall be situated on the property outside the washing facilities and be of sufficient size to accommodate at least 1/3 the hourly capacity (or hourly turnover) of the car wash plus a reserve of 20% of the hourly capacity to accommodate peak-demand periods. "Hourly capacity," in all instances, shall mean the greatest number possible of motor vehicle washes that can be provided in one hour.
(h)
Provide an area of at least 800 square feet beyond the exit end of the washing building to be used for hand-finishing operations of the washing process.
(i)
All structures housing washing apparatuses shall be set back 25 lineal feet from any street right-of-way, any rear property line, and any side property line.
(j)
All vacuuming equipment facilities shall be located at least 50 lineal feet from adjoining property within a residential zoning district or any existing adjacent residential use.
(k)
The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.
(l)
Gray water recycling is mandatory.
(m)
Water from the car wash operation shall not flow onto sidewalks or streets in such a manner as could cause ice hazards.
(o)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(p)
Trash receptacles shall be provided and routinely emptied to present the scattering of litter, and the applicant shall furnish and implement a working plan for the cleanup of litter and debris.
(q)
The applicant shall provide a site plan prepared by either a registered surveyor or a professional engineer of the proposed car wash operation showing the location of entrances and exits, the building housing the washing equipment, the parking areas for waiting vehicles and employees, the distance to nearest street intersection, property lines and required setback side yard and rear yard lines, plus type of screening to be used.
(11)
Cemeteries. Cemeteries are permitted, subject to the following criteria:
(a)
The minimum lot area shall be five acres.
(b)
The total impervious coverage shall not exceed 10% of the lot area.
(c)
All burial plots and all structures shall be located at least 30 lineal feet from any property or street right-of-way line.
(d)
No burial plot shall be permitted in any floodplain or flood-fringe area.
(e)
The applicant shall file a site plan with the City to demonstrate the design and layout of the proposed cemetery or cemetery expansion specifically illustrating the proposed drainage plan, the internal circulation plan, and the location of accessory building(s).
(f)
The owner(s) and operator(s) of a cemetery shall incorporate best managements practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.
(g)
At no time shall a corpse be exposed or visible from a public right-of-way or adjacent property.
(i)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(j)
Any escrow account provided for by state or federal law shall be established in favor of the City.
(k)
Shall demonstrate compliance with all applicable state laws.
(12)
Club rooms, club grounds, or meeting halls, private. Private club rooms, club grounds and meeting halls are permitted, subject to the following criteria:
(a)
All outdoor recreation/activity areas shall be set back at least 50 lineal feet from any adjoining property within a residential zoning district or any existing adjacent residential use.
(b)
Hours of operation and activities must be appropriately scheduled to protect the existing neighborhood from detrimental noise, disturbance, and interruption.
(c)
The owner(s) and operator(s) shall be responsible for the conduct and safety of the members and their guests.
(e)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(13)
Wireless communications facilities.
[Amended 8-1-2016 by Ord. No. 957; 4-1-2019 by Ord. No. 2019-01; 12-6-2021 by Ord. No. 2021-13]
(a)
General requirements for all wireless communications facilities.
[1]
Standard of care.
[a]
All WCFs shall meet or exceed all applicable standards and provisions of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate wireless communications facilities, the latest National Electrical Safety Code (NESC), American National Standards Institute (ANSI) Code, and the structural standards of the American Association of State Highway and Transportation Officials or any other industry standard applicable to the structure. In case of conflict, the most stringent requirements shall prevail. All necessary certifications shall be obtained by the WCF applicant and provided to the City.
[b]
If such standards or regulations are changed, the owner of the WCF shall bring such WCF into compliance with the revised standards within six months of the effective date of such standards or regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring such facilities into compliance shall constitute grounds for the removal of the WCF at the owner's expense.
[c]
The WCF applicant shall submit proof of compliance with all applicable federal and state standards, including but not limited to those established by the Federal Communications Commission, as part of any complete WCF application.
[2]
Engineer signature. All plans and drawings included in an application for a WCF shall contain a seal and signature of a professional engineer, licensed in the Commonwealth of Pennsylvania and certifying compliance with all local, state and federal laws and regulations applicable to the proposed WCF.
[3]
Eligible facilities requests. WCF applicants proposing a modification to an existing WCF shall be required only to obtain permits of general applicability from the City. In order to be considered for such permits, the WCF applicant must submit permit applications to the City in accordance with the requirements of the City Code. Such permit applications shall clearly state that the proposed modification constitutes an eligible facilities request pursuant to the requirements of 47 CFR 1.6100. The permit applications shall detail all dimensional changes being made to the WCF and wireless support structure.
[4]
Wind and ice. All WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
[5]
Nonconforming wireless support structures. WCFs shall be permitted to co-locate upon existing nonconforming wireless support structures. Co-location of WCFs upon existing wireless support structures is encouraged even if the existing wireless support structure is nonconforming as to use within a zoning district.
[6]
Signs. All WCFs shall post a sign in a readily visible location on each major equipment component identifying the name and phone number of a party to contact in the event of an emergency. The size and design of such signage shall be approved by the City. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
[7]
Inspections; reports. Inspection reports shall be submitted to the City by the owner of a WCF upon request to ensure structural integrity and compliance with applicable federal, state and local codes and regulations.
[8]
Permit fees. The City may assess appropriate and reasonable permit fees directly related to the City's actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs. Such permit fees shall be established by the City fee schedule.
[9]
Performance bond. The owner of a WCF shall obtain a performance bond in an amount sufficient to guarantee removal of the WCF. Evidence of such performance bond shall be provided to the City as part of a complete WCF application.
[10]
Indemnification. Each person that owns or operates a WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the City, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each person that owns or operates a WCF shall defend any actions or proceedings against the City in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
[11]
Noncommercial usage exemption. City residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this subsection.
[12]
Historic areas. No WCF may be located upon any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, within the City's Historic Overlay District (either inside or outside the public rights-of-way), or along Water Street.
[13]
Change in ownership. If ownership of a WCF is transferred to a party other than the party designated as the owner on the application for the WCF, notice detailing the change in ownership shall be provided to the City within 30 days of such change in ownership.
[14]
Abandonment; removal. In the event that use of a WCF and/or its dedicated related equipment is to be discontinued, the owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. A WCF and/or dedicated related equipment not operated for a period of 12 months shall be considered abandoned. Discontinued or abandoned WCFs, or portions of WCFs, shall be removed as follows:
[a]
All abandoned or unused WCFs and related equipment shall be removed within 90 days of the cessation of operations at the site or receipt of notice that the WCF has been deemed abandoned by the City, unless a time extension is approved by the City.
[b]
If the WCF or related equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the City, the WCF and/or associated facilities and equipment may be removed by the City and the cost of removal assessed against the owner of the WCF regardless of the owner's or operator's intent to operate the WCF in the future.
[c]
The City reserves the right to pursue all available remedies under the law to ensure removal of the WCF and restoration of the site at the expense of the owner. Any delay by the City in taking action shall not invalidate the City's right to take action.
[d]
Where there are two or more users of a single WCF, this provision shall not become effective until all users have terminated use of the WCF for a period of 12 months.
[15]
Maintenance. The following maintenance requirements shall apply:
[a]
All WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance, repair or replacement.
[b]
Such maintenance shall be performed by the owner of the WCF to ensure the upkeep of the WCF in order to promote the safety and security of the City's residents and in accordance with all applicable City, state and federal regulations.
[c]
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents. Maintenance logs will be provided to the City upon request.
[16]
Timing of approval. The following table details the applicable time frame of approval for each type of WCF application:
Type of WCF/Application | Notice of Incompleteness | Final Decision |
|---|---|---|
Eligible facilities request | 30 calendar days from receipt of initial application; 10 calendar days from receipt of supplemental application for subsequent notices | 60 total calendar days from receipt of initial application |
Small WCF (co-located) | 10 business days from receipt of initial or supplemental application | 60 total calendar days from receipt of initial application |
Small WCF (new or replacement wireless support structure) | 10 business days from receipt of initial or supplemental application | 90 total calendar days from receipt of initial application |
Communications antenna | 30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices | 90 total calendar days from receipt of initial application |
Communications tower | 30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices | 150 total calendar days from receipt of initial application |
(b)
General requirements for all communications towers outside the rights-of-way.
[1]
The following regulations shall apply to all communications towers that do not meet the definition of a small WCF.
[a]
Siting requirements.
[ii]
Communications towers shall not be located in, or within 75 feet of, an area in which all utilities are primarily located underground.
[iii]
Communications towers shall not be located within 250 lineal feet of any adjoining property within a residential zoning district or any existing, adjacent residential use.
[b]
Application requirements.
[i]
Upon submission of an application for a communications tower and the scheduling of the mandatory public hearing in front of City Council, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed communications tower. The WCF applicant shall provide proof of the notification to the City.
[ii]
Prior to the City's approval of an application for the construction and installation of a communications tower, it shall be incumbent upon the WCF applicant to prove to the reasonable satisfaction of City Council that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment installed on existing structures, such as utility poles or their appurtenances and other available structures. The WCF applicant shall further demonstrate that the proposed communications tower must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable, less-intrusive alternative location exists.
[iii]
The application shall include the name and contact information, including phone number, for both the WCF applicant and the owner of the proposed communications tower.
[iv]
The application shall include a site plan, drawn to scale, showing property boundaries, power location, total height of the communications tower, guy wires and anchors, existing structures, elevation drawings, typical design of proposed structures, parking, fences, landscaping and existing uses on adjacent properties.
[v]
The application shall include aerial photographs of the area within a 500-foot radius of the proposed communications tower and identify all existing WCFs in that area.
[vi]
The application shall be accompanied by a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
[vii]
The application shall include evidence that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in City Council's decision on an application for approval of communications tower.
[viii]
Where the communications tower is located on a property that is not owned by the WCF applicant, the WCF applicant shall present evidence to the City that the owner of the property has granted an easement or other property right, if necessary, for the proposed WCF and that vehicular access will be provided to the facility.
[ix]
The application shall include a written certification by a structural engineer licensed in the Commonwealth of Pennsylvania of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional use proceedings before City Council, or at a minimum, be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.
[x]
An application for a new communications tower shall demonstrate that the proposed communications tower cannot be accommodated on an existing wireless support structure. City Council may deny an application to construct a new communications tower if the WCF applicant has not made a good faith effort to mount the antenna(s) on an existing wireless support structure. The WCF applicant shall demonstrate that it contacted the owners of all potentially feasible structures, buildings, and towers within a one-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:
[A]
The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
[B]
The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.
[C]
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed antenna and related equipment or to allow it to perform its intended function.
[D]
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
[xi]
The application shall include a report by a qualified engineering expert which shows that the communications tower will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.
[xii]
The application shall also be accompanied by documentation demonstrating that the proposed communications tower complies with all applicable provisions of this § 410-124A(13).
[c]
Development regulations.
[i]
Sole use on a lot. A communications tower shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum size specifications set forth in the City Zoning Code.
[ii]
Combined with another use. A communications tower may be permitted on a property with an existing use or on a vacant parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:
[A]
The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the communications tower.
[B]
Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the communications tower and guy wires, the equipment building, security fence, and buffer planting if the proposed communications tower is greater than 40 feet in height.
[C]
Minimum setbacks. The minimum distance between the base of a communications tower and any adjoining property line or street right-of-way line shall be equal to 100% of the height of the communications tower. The underlying lot must be large enough to accommodate related equipment, stormwater runoff mechanisms, and all other features typically found within the immediate area of a communications tower.
[d]
Design regulations.
[i]
Height. Any communications tower shall be designed at the minimum functional height. In all zoning districts in which communications towers are permitted, the maximum height of any new communications tower shall be 175 feet. Communications towers taller than utility poles shall not be constructed in the flight paths of aircrafts inbound or outbound from the Lock Haven Airport.
[ii]
Visual appearance and land use compatibility.
[A]
Communications towers shall employ stealth technology which may include the wireless support structure being painted a certain color as approved by City Council or utilizing a galvanized finish.
[B]
All communications towers and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.
[C]
City Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; prevent a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
[iii]
Anti-climbing device. If deemed necessary by the City Council, a communications tower shall be equipped with an anti-climbing device, as approved by the manufacturer.
[e]
Surrounding environs.
[i]
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
[ii]
The WCF applicant shall submit a soil report to City Council complying with the standards of Appendix I: Geotechnical Investigations, ANSI/TIA-222, as amended, to document and verify the design specifications of the foundation of the communications tower, and anchors for guy wires, if used.
[f]
Fence/screen.
[i]
A self-locking security fence with a maximum height of eight feet shall completely surround any communications tower greater than 40 feet in height, as well as guy wires, or any building housing related equipment.
[g]
Related equipment.
[i]
Either a one-single-story wireless communications equipment building not exceeding 250 square feet in area or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing space on the communications tower.
[ii]
Ground-mounted related equipment associated to, or connected with, a communications tower shall be placed underground or screened from public view using stealth technologies, as described above.
[iii]
All related equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
[h]
Additional antennas. As a condition of approval for all communications towers, the WCF applicant shall provide the City Council with a written commitment that it will allow other service providers to co-locate antennas on the communications tower where technically and economically feasible. To the extent permissible under state and federal law, the owner of a communications tower shall not install any additional antennas without complying with the applicable requirements of this section.
[i]
FCC license. Each person that owns or operates a communications tower shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
[j]
Lighting. No communications tower shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the City Secretary.
[k]
Storage. The storage of unused equipment, materials or supplies is prohibited on any communications tower site.
[l]
Repair of nonconforming communications towers. Nonconforming communications towers which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section. The co-location of antennas is permitted on nonconforming structures.
[m]
Financial security. Prior to receipt of a zoning permit for the construction or placement of a communications tower, the WCF applicant shall provide to the City financial security sufficient to guarantee the construction of the communications tower. Said financial security shall remain in place until the communications tower is fully constructed. Should the communications tower be abandoned by the owner and/or operator, and not removed within 90 days of such abandonment, the City shall have the authority to remove the communications tower and sell all of its pieces, as well as related equipment, used in the operation of the communications tower, in order to recover the cost of said removal.
[n]
Insurance. Each person that owns or operates a communications tower shall provide the City Zoning Officer with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the communications tower.
(c)
General requirements for communications antennas outside the rights-of-way.
[1]
The following regulations shall apply to all communications antennas that do not meet the definition of a small WCF:
[a]
Permitted in all districts. Communications antennas are permitted by right outside the public rights-of-way in all zoning districts, except the Historic Overlay District, so long as they comply with all of the terms and conditions of this section. In order to gain permission to site and/or construct a communications antenna, the WCF applicant must apply for a zoning permit from the City.
[b]
Application procedures.
[i]
Applications for communications antennas shall be submitted to the City Zoning Officer.
[ii]
All applications for communications antennas shall include the following information:
[A]
The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed communications antenna.
[B]
A site plan, drawn to scale, showing property boundaries, power location, total height of the communications antenna, the entirety of the structure upon which the communications antenna will be co-located, and related equipment locations.
[C]
A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the communications antenna.
[D]
If the communications antenna is proposed for location on a wireless support structure that currently supports existing WCFs or other attachments, the depiction shall show the location and dimensions of all such attachments.
[E]
The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the communications antenna.
[F]
An aerial photograph of the proposed site showing the area within 500 feet of the communications antenna. The aerial photograph shall identify all structures within such radius.
[G]
Photo simulations depicting the communications antenna from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the communications antenna.
[H]
A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed communications antenna and wireless support structure are structurally sound and shall not endanger public health and safety.
[I]
A report by a qualified engineering expert which shows that the communications antenna will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.
[J]
A certificate of insurance as required by § 410-124A(13)(c)[1][h].
[K]
Certification of the application's compliance with all applicable requirements of this § 410-124A(13).
[L]
All application fees required by the City as detailed in the City Fee Schedule.
[c]
Development regulations.
[i]
The total height of any wireless support structure and mounted communications antenna shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.
[ii]
In accordance with industry standards, all communications antenna applicants must submit documentation to the City justifying the total height of the communications antenna. Such documentation shall be analyzed in the context of such justification on an individual basis.
[iii]
If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district, and landscaping shall be required to screen as much of the equipment building as possible. An evergreen screen shall surround the site. The evergreen screen shall be a minimum height of six feet at planting and shall not exceed 10 feet on center.
[iv]
A self-locking security fence with a maximum height of eight feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
[d]
Design.
[i]
In order to assist in evaluating the visual impact, the WCF applicant shall provide color photo simulations showing the proposed site of the communications antenna with a photo-realistic representation of the proposed WCF as it would appear viewed from the closest residential property, adjacent roads and from other locations as required by the City.
[ii]
Communications antennas shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology utilized by the WCF applicant shall be subject to the approval of the City.
[iii]
Communications antennas shall, to the extent technically feasible, incorporate architectural features, materials and colors which blend with surrounding buildings, structures, terrain or landscape.
[iv]
Communications antennas and related equipment must be of a neutral color that is identical to or closely compatible with the wireless support structure so as to make the WCF and related equipment as visually unobtrusive as possible. Roof-mounted communications antennas shall match existing air-conditioning units, stairs, elevator towers or other background as nearly as possible.
[e]
Prohibited on certain structures. No communications antenna shall be located on single-family detached residences, single-family attached residences, semi-detached residences, duplexes, or any residential accessory structure.
[f]
Third party wireless support structures. Where the communications antenna is proposed for co-location on a wireless support structure that is not owned by the WCF applicant, the WCF applicant shall present documentation to the Zoning Officer that the owner of the wireless support structure has authorized co-location of the proposed communications antenna.
[g]
Retention of experts. The City may hire any consultant(s) and/or expert(s) necessary to assist the City in reviewing and evaluating the application for approval of the WCF at its sole discretion and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the City for all costs of the City's consultant(s) in providing expert evaluation and consultation in connection with these activities. At the sole discretion of the City Zoning Officer, the establishment of a professional services agreement may be required.
[h]
Insurance. Each person that owns or operates a communications antenna shall annually provide the City with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications antenna.
[i]
Substantial change. Any substantial change to a WCF shall require notice to be provided to the City Zoning Officer, and possible supplemental permit approval as determined by the City Zoning Officer in accordance with the City Code.
[j]
Timing of approval.
[i]
Within 30 calendar days of the date that an application for a communications antenna is filed with the City Zoning Officer, the City Zoning Officer shall notify the WCF applicant in writing of any information that may be required to complete such application.
[ii]
Within 90 days of receipt of a complete application for a communications antenna, the City Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.
(d)
Small wireless communications facilities.
[1]
The following regulations shall apply to all small WCFs.
[a]
Siting requirements.
[i]
Small WCFs shall be a permitted use in all City zoning districts, subject to the requirements of this § 410-124A(13) and generally applicable permitting as required by the City Code.
[ii]
As a first priority, small WCFs shall be located in alley rights-of-way. If a small WCF is proposed in a street right-of-way, the WCF applicant shall show that location in an alley right-of-way is not technically feasible.
[b]
Applications for small WCFs shall be submitted to the City Zoning Officer and shall include the following:
[i]
The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed small WCF.
[ii]
A cover letter detailing the location of the proposed site, all equipment being proposed as part of the small WCF, and a certification that the WCF applicant has included all information required by the City Code, signed by a representative of the WCF applicant.
[iii]
Upon submission of an application for a small WCF requiring the installation of a new or replacement wireless support structure, the WCF applicant shall mail notice to all owners of property within 500 feet of the proposed WCF. The WCF applicant shall provide proof of the notification to the City.
[iv]
A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the small WCF.
[A]
If the small WCF is proposed for location on an existing or replacement wireless support structure that currently supports existing attachments, the depiction shall show the location and dimensions of all such attachments.
[B]
If installation of a new or replacement wireless support structure is being proposed, the depiction shall include the color, dimensions, material and type of wireless support structure proposed.
[v]
The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the small WCF.
[vi]
An aerial photograph of the proposed site showing the area within 500 feet of the small WCF. The aerial photograph shall identify all structures within such radius.
[vii]
Photo simulations depicting the small WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the small WCF.
[viii]
A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed small WCF and wireless support structure are structurally sound and shall not endanger public health and safety.
[ix]
A report by a qualified engineering expert which shows that the small WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.
[x]
A certificate of insurance as required by § 410-124A(13)(d)[1][o].
[xi]
Certification of the application's compliance with all applicable requirements of this § 410-124A(13).
[xii]
All application fees required by the City as detailed in the City fee schedule.
[c]
Resubmission after denial.
[i]
If the City denies an application for a small WCF, the City shall provide the WCF applicant with written documentation of the basis for denial, including the specific provisions of the City Code on which the denial was based, within five business days of the denial.
[ii]
The WCF applicant may cure the deficiencies identified by the City and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The City shall approve or deny the revised application within 30 days of the application being resubmitted for review.
[d]
Consolidated applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for co-located small WCFs in a thirty-day period. If the City receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable time frame under § 410-124A(13)(a)[16] shall be extended by 15 days.
[e]
Location and development standards.
[i]
Small WCFs in the public ROW requiring the installation of a new wireless support structure shall not be located in front of any building entrance or exit.
[ii]
All small WCFs shall comply with the Americans with Disabilities Act guidelines adopted by the City and all applicable requirements relating to streets and sidewalks as established by Chapter 346 of the City Code.
[iii]
Ground-mounted related equipment shall be located between the sidewalk and the curb. For reasons of safety and aesthetics, such related equipment shall neither protrude onto the curb, nor obstruct the sidewalk.
[f]
Time, place and manner. Once approved, the City shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
[g]
Attachment to municipal structures. The City shall allow the co-location of small WCFs to structures owned by the City in accordance with the hierarchy detailed in this section. If the WCF applicant is proposing the co-location of a small WCF on a lower priority structure, it shall be a condition to the approval of the application that the WCF applicant provide evidence that co-location on a higher priority structure or wireless support structure owned by a third-party is not technically feasible. In order from most preferable to least preferable, the City's co-location preferences are as follows.
[h]
Obstruction. Small WCFs and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the City.
[i]
Graffiti. Any graffiti on a small WCF, including the wireless support structure and any related equipment, shall be removed at the sole expense of the owner within 10 calendar days of notification by the City.
[j]
Design standards. All small WCFs in the City shall comply with the requirements of the City Small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the City Code Enforcement Office.
[k]
Obsolete equipment. As part of the construction, modification or replacement of a small WCF, the WCF applicant shall remove any obsolete or abandoned equipment from the wireless support structure.
[l]
Relocation or removal of facilities. Within 90 days following written notice from the City, or such longer period as the City determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the City, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[i]
The construction, repair, maintenance or installation of any City or other public improvement in the right-of-way;
[ii]
The operations of the City or other governmental entity in the right-of-way;
[iii]
Vacation of a street or road or the release of a utility easement; or
[iv]
An emergency that constitutes a clear and immediate danger to the health, welfare, or safety of the public as determined by the City.
[m]
Time limit for completion of construction. The proposed co-location, the modification or replacement of a wireless support structure or the installation of a new wireless support structure with small WCF attached for which a permit is granted under this section shall be completed within one year of the permit issuance date unless the City and the WCF applicant agree in writing to extend the period.
[n]
Reimbursement for ROW use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the City's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the City's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the City. The owner of each small WCF shall pay an annual fee to the City to compensate the City for the City's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.
[o]
Insurance. Each person that owns or operates a small WCF shall annually provide the City with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the small WCF.
(14)
Contractor's yard. Contractor's yards are permitted, subject to the following criteria:
(a)
The subject property shall front on an arterial or collector road as provided in the most recent version of the City of Lock Haven Comprehensive Plan.
(b)
That portion of the lot intended or utilized for storage of contractor's equipment or building materials shall be located at least 25 lineal feet in any direction from any adjoining lot line.
(c)
Outdoor storage and inventory areas shall be aligned and displayed in an orderly fashion so that circulation for firesafety can be maintained at all times.
(d)
All outdoor storage and inventory areas shall be completely enclosed by surrounded by a fence or wall at least six feet but not more than eight feet in height.
(e)
A contractor's yard that adjoins a property within a residential zoning district or any existing adjacent residential use shall not begin mechanical operations until 7:00 a.m. and shall cease all mechanical operations by 10:00 p.m.
(g)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(15)
Convenience store, general. General convenience stores are permitted, subject to the following criteria:
(a)
The subject property shall front on an arterial or collector road as provided in the most recent version of the City of Lock Haven Comprehensive Plan.
(b)
No street entrance or exit for vehicles and no portion or equipment for fueling shall be located within 150 lineal feet of any property which contains any one or more of the following specified land uses where minors may congregate:
(c)
All structures (including gasoline pump islands; fuel, oil, and lubrication storage facilities and outdoor storage areas for vehicles, but not permitted signs) shall be set back at least 30 lineal feet from any street right-of-way or property line.
(d)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. No entrance or exit shall be located closer than 35 lineal feet to an existing street intersection.
(e)
All ventilation equipment outlets associated with the service/repair work area(s), including service bay doors, shall not be oriented directly toward any adjoining property within a residential zoning district or any existing adjacent residential use. Additionally, ventilation equipment associated with fuel storage tanks shall be set back 100 lineal feet from an adjoining property within a residential zoning district or any existing adjacent residential use.
(f)
All authorized activities, except those normally required to be performed at the fuel and air pumps, shall be performed within a completely enclosed building.
(g)
Fuel delivery shall not impede traffic-flow patterns.
(i)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(j)
The applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(k)
All applicable approvals of both state and federal agencies must be obtained.
(16)
Correctional facilities. Correctional facility uses are permitted, subject to the following criteria:
(a)
The subject property shall front on an arterial or collector road as provided in the most recent version of the City of Lock Haven Comprehensive Plan.
(b)
Minimum lot size shall be five acres.
(c)
No correctional facility shall be located within 500 lineal feet of any residential zoning district boundary or any existing residential use.
(d)
No correctional facility shall be located within 500 lineal feet of any property which contains any one or more of the following specified land uses:
(e)
If more than one building shall be contained on the parcel, there must be a minimum of 35 lineal feet between buildings.
(f)
A minimum of 30% of the total tract area shall be designated and maintained as common open space. The landowner shall be responsible for maintenance of the open space area.
(g)
The correctional facility operator shall meet all state and federal rules and regulations for correctional facilities. All necessary licenses or permits issued by county, state or federal agencies shall be provided by the applicant and required licenses, certificates, or permits shall be a condition for approval.
(h)
The correctional facility shall submit a copy of its emergency operations plan (EOP) to the local and county emergency management agency coordinator. The EOP shall include detailed information regarding solid, medical and hazardous materials and waste handling, including a listing of all medical and hazardous materials and wastes used and generated on site and evidence indicating the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations.
(i)
All reasonable provisions shall be made to prevent or minimize noise, odor, and vibration, light or electrical interference adjoining property within a residential zoning district or any existing adjacent residential use in accordance with Article XIX of this chapter.
(k)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(17)
Day care, commercial. Commercial day cares are permitted, subject to the following criteria:
(a)
No portion of a day-care facility shall be located within 300 lineal feet from any potentially hazardous land use or activity which could pose a threat to the safety of the children, staff, or other occupants of the facility.
(b)
Off-street parking areas shall not be used as outdoor play areas. Outdoor play areas shall include secure fencing around outdoor play areas. Outdoor play areas shall not be located within the front yard and screening shall be in compliance with Article XIX of this chapter, but vegetative materials located within the outdoor play areas shall be of a non-harmful type (poisonous, thorny, allergenic, etc.) All outdoor play areas must provide a means of shade, such as a shade tree(s), pavilion(s), etc.
(c)
Outdoor play areas of a day-care center involving the care of 25 or more children at any one time shall be set back a minimum of 25 lineal feet and be screened from adjoining property within a residential zoning district or any existing adjacent residential use.
(d)
"Enrollment" shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.
(e)
Primary passenger dropoff and pickup areas should be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site. At a minimum, passenger dropoff and pickup areas shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(f)
Building height and setbacks shall be consistent with surrounding development in the neighborhood.
(g)
In residential districts, any permitted commercial day-care use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted unless required by the Building Code or applicable commonwealth agency.
(i)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(j)
All commercial day-care facilities shall obtain and maintain the proper licensure from the commonwealth.
(18)
Farmer/flea market and roadside stands. Farmer/flea markets are permitted, subject to the following criteria:
[Amended 5-16-2011 by Ord. No. 880]
(a)
The retail sales area shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all display stands, booths, tables or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The retail sales shall include all indoor and/or outdoor areas as listed above.
(b)
The retail sales area shall be set back at least 20 lineal feet from all property lines, and shall be calculated as part of the maximum permitted lot coverage, regardless of its surface treatment.
(c)
Off-street parking and loading shall be provided in accordance with Article XVIII of this chapter.
(d)
All outdoor display and sales of merchandise shall begin no earlier than 6:00 a.m., and be completed no later than official sunset.
(e)
No machinery, equipment, or materials shall be stored in the required front, side, or rear yard setback areas.
(f)
Any exterior microphone/speaker system shall be oriented, arranged and/or screened to prevent any objectionable noise impact on adjoining properties.
(g)
Exterior trash and recycling receptacles shall be provided amid any outdoor retail sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
(i)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(19)
Forestry. Forestry or commercial timber harvesting, excluding the cutting of trees for the personal use of the landowner or for pre-commercial timber stand improvement, is permitted, subject to the following criteria:
(a)
Timber harvesting shall be set back a minimum of 100 lineal feet from any property line.
(b)
Timber harvesting shall be set back a minimum of 150 lineal feet from adjoining property within a residential zoning district or any existing adjacent residential use.
(c)
All timber harvesting practices must protect nearby structures and utility lines. No uncontrolled felling shall be allowed in developed areas.
(d)
To avoid traffic congestion and sound disturbance, all activities should start after 7:00 a.m. and end by 6:00 p.m. during the working week. No forestry activities shall take place between the hours of 6:00 p.m. and 7:00 a.m., neither on weekdays nor at any time on weekends or holidays.
(e)
Notification of commencement or completion. For all timber harvesting operations that are expected to exceed 1/2 acre, the landowner shall notify the Zoning Officer at least 30 business days before the operation commences and within 15 days before the operation is completed. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area and, as applicable, the anticipated starting or completion date of the operation and logging plan. This written notification shall also specify any roads affected, dates of effect, plans to restore any damages to roads and contact information for the logging operations submitted to owners abutting the road used to access the logging site.
(f)
Preparation of a logging plan. Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified in this subsection. No timber harvesting shall occur until the plan has been prepared and proper notification of commencement is provided to the City. The provisions of this plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the City Zoning Officer upon request.
(g)
Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
(h)
Contents of the logging plan.
[1]
At a minimum, the logging plan shall include the following:
[a]
Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings.
[b]
Design, construction and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips and water bars.
[c]
Design, construction and maintenance of stream and wetland crossings.
[d]
The general location of the proposed operation in relation City roadways and state highways, including any accesses to those roadways and highways.
[2]
Each logging plan shall include a site map containing the following information:
[a]
Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property.
[b]
Significant topographic features related to potential environmental problems.
[c]
Location of all earth disturbance activities such as roads, landings and water control measures and structures.
[d]
Location of all crossing of waters of the commonwealth.
[e]
The general location of the proposed operation to City roadways and state highways, including any accesses to those roadways and highways.
(i)
Compliance with applicable regulations. The logging plan shall address and comply with the requirements of all applicable state laws and regulations and City ordinances, including, but not limited to, the following:
(j)
Relationship of state laws, regulations, and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. A soil erosion and sedimentation control plan that satisfies the requirements of Section 25, Pennsylvania Code, Chapter 102 shall also satisfy the minimum requirements for the logging plan and associated map specified previously, provided that all information required by these subsections is included or attached.
(k)
Responsibility for road maintenance and repair; road bonding. The landowner and the operator shall be responsible for repairing any damage to City roads caused by traffic associated with the timber harvest operation pursuant to the provisions of Section 67, Pennsylvania Code, Chapter 189, hauling in excess of posted weight limit. The City may require the landowner and/or operator to furnish a bond to guarantee the repair of any such damage, pursuant to the said provisions of the Pennsylvania Code.
(20)
Funeral home. Funeral homes are permitted, subject to the following criteria:
(a)
Sufficient off-street stacking area for the formation of the funeral procession shall be provided on the site. A minimum one-hundred-foot long on-site stacking area for the funeral procession shall be provided on the site. No funeral procession will be allowed to form on public streets.
(b)
All off-street parking and off-street loading must be provided on the lot and shall be provided in accordance with Article XVIII of this chapter.
(c)
In residential districts, building length and setbacks shall be consistent with surrounding development in the neighborhood.
(d)
In residential districts, any permitted funeral home use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.
(e)
All rooms available for funerals and viewing shall be located within the principal building.
(g)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(h)
The applicant shall demonstrate proof of an approved means of disposal of all solid, medical, and hazardous wastes.
(21)
Halfway house. Halfway houses are permitted, subject to the following criteria:
(a)
A halfway house must be licensed where required by an appropriate federal, state, county or other government agency(ies) and shall be in compliance with all applicable rules and regulations of the licensing body(ies). Prior to a zoning permit being issued, the applicant shall provide a copy of any required license to the Zoning Officer prior to beginning the use.
(b)
A halfway house shall be directly affiliated with a parent institution or organization, which shall provide full-time supervision and administration to the residents of the house.
(c)
A common cooking and eating area must be provided; no cooking or dining facilities shall be provided in individual rooms or suites.
(d)
The residents of the halfway house shall reside on the premises to benefit from the services provided.
(e)
No portion of a building occupied by a halfway house use shall be permitted to be located within 1,000 lineal feet of any other building occupied by a halfway house use.
(f)
No portion of a building occupied by a halfway house use shall be located within 1,000 lineal feet of any property which contains any one or more of the following specified land uses where minors may congregate:
(g)
Each application shall be accompanied by a statement describing the following:
[1]
The composition of the halfway house;
[2]
The policies and goals of the halfway house and the means proposed to accomplish those goals;
[3]
The characteristics of the residents and number of residents to be served;
[4]
The operating methods and procedures to be used; and
[5]
Any other facts relevant to the proposed operation of the halfway house.
(h)
Any use permit granted for the halfway house shall be bound to the type and number of offenders listed on the application. Any change in the type or number of offenders being housed shall require a new review and subsequent consideration for approval.
(j)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(22)
Health and fitness clubs. Health and fitness clubs are permitted, subject to the following criteria:
(a)
All outdoor recreation/activity areas shall be set back at least 50 lineal feet from the street right-of-way and 100 lineal feet any adjoining property within a residential zoning district or any existing adjacent residential use; otherwise, they shall comply with the underlying zoning district setbacks.
(b)
Any accessory eating or retail use shall not be directly accessible without passing through the main clubhouse building.
(c)
Exterior trash and recycling receptacles shall be provided amid any outdoor retail sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
(e)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(23)
Home improvement center, lumber, or building materials sales. Home improvement center, lumber, or building materials sales facilities are permitted, subject to the following criteria:
(a)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. No entrance or exit shall be located closer than 35 lineal feet to an existing street intersection.
(b)
All outdoor storage, sales, display, and inventory areas shall be set back at least 25 lineal feet from the street right-of-way line and property lines, and shall not be permitted in required front, side, or rear yard setback areas. All unpaved yard setback areas shall be covered with grass or similar vegetative material.
(c)
Outdoor storage, sales, display, and inventory areas shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface, such as concrete or bituminous concrete surface.
(d)
Outdoor storage, sales, display, and inventory areas shall be aligned and displayed in an orderly fashion so that circulation for firesafety can be maintained at all times.
(e)
Outdoor storage, sales, display, and inventory areas shall be all areas open for public display, including but not limited to shelves, racks, bins, stalls, tables, and booths, plus any adjoining aisles or walkways from which consumers can inspect items for sale. The retail sales area shall include both interior and exterior areas, as listed above.
(f)
All outdoor storage, sales, display, and inventory areas shall be completely enclosed by surrounded by a fence or wall at least six feet but not more than eight feet in height.
(g)
Any drilling, cutting, sawing, mixing, crushing, or some other preparation of building materials, plus any testing or repair of motorized equipment, shall be conducted within a completely enclosed building;
(h)
Any exterior microphone/speaker system shall be oriented, arranged and/or screened to prevent any objectionable noise impact on adjoining properties.
(i)
Exterior trash and recycling receptacles shall be provided amid any outdoor sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
(k)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(24)
Hospitals. Hospitals are permitted, subject to the following criteria:
(a)
The facility operator shall meet all state and federal rules and regulations for hospital facilities. All necessary licenses or permits issued by county, state or federal agencies shall be provided by the applicant and required licenses, certificates, or permits shall be a condition for approval.
(b)
Primary visitor or passenger dropoff and pickup areas should be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.
(c)
Emergency entrances shall be located on a building wall facing away an adjoining property within a residential zoning district or any existing adjacent residential use.
(d)
Sufficient off-street stacking area for the movement of the emergency vehicles shall be provided on the site. A minimum one-hundred-foot-long on-site stacking area for the emergency vehicles shall be provided on the site. No emergency vehicle will be allowed to stack or be stored on public streets.
(e)
The institution shall submit a copy of its emergency operations plan (EOP) to the local and county emergency management agency coordinator. The EOP shall include detailed information regarding solid, medical and hazardous materials and waste handling, including a listing of all medical and hazardous materials and wastes used and generated on site and evidence indicating the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations.
(g)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(25)
Hotels. Hotels are permitted, subject to the following criteria:
(a)
Any accessory eating, drinking, retail, or meeting room use shall be directly accessible by passing through the principal hotel building, subject to the following:
(b)
Each rental unit/room shall have its own toilet and bathing or shower facilities.
(c)
Sufficient off-street stacking area for guest vehicles shall be provided on the site. No guest vehicles will be allowed to form or stack on public streets.
(e)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(26)
Indoor commercial recreation facilities. Indoor commercial recreation facilities are permitted, subject to the following criteria:
(a)
All activities shall take place in a completely enclosed building.
(b)
All structures where indoor commercial recreation occurs shall be soundproofed in a manner to prevent sound from traveling outside, such as solid-core doors, sound-absorbent ceilings and forced-air ventilation.
(d)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(27)
Industrial, general uses. General industrial uses are permitted, subject to the following criteria:
(a)
The applicant shall provide a detailed description of the proposed use in each of the following topics:
[1]
The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any by-products. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
[2]
The general scale of the operation in terms of its market area, specific floor space requirements for each step of the industrial process, the total number of employees on each shift, and an overall needed site size.
[3]
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including but not limited to those of Article XIX of this chapter.
(b)
No machinery, equipment, or materials of any kind shall be stored in front of the principal building.
(c)
No machinery, equipment, or materials shall be stored in required front, side, or rear yard setback areas. All unpaved yard setback areas shall be covered with grass or similar vegetative material.
(d)
All machinery, equipment, or materials and activities not within a completely enclosed buildings shall be surrounded by a fence or wall at least six feet but not more than eight feet in height. Such fence shall be completely sight-obscuring and maintained in good condition. Any gate in a fence shall be similarly constructed and maintained and shall be kept securely locked at all times when the establishment is not in operation.
(e)
All machinery, equipment, or materials shall be stored or arranged in an orderly fashion so that circulation for firesafety can be maintained at all times.
(g)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(28)
Industrial, light uses. Light industrial uses are permitted, subject to the following criteria:
(a)
The applicant shall provide a detailed description of the proposed use in each of the following topics:
[1]
The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any by-products. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
[2]
The general scale of the operation in terms of its market area, specific floor space requirements for each step of the industrial process, the total number of employees on each shift, and an overall needed site size.
[3]
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including but not limited to those of Article XIX of this chapter.
(b)
All reasonable provisions shall be made to prevent or minimize noise, odor, and vibration, light or electrical interference adjoining property within a residential zoning district or any existing adjacent residential use in accordance with Article XIX of this chapter.
(c)
No machinery, equipment, or materials of any kind shall be stored in front of the principal building.
(d)
No machinery, equipment, or materials shall be stored in required front, side, or rear yard setback areas. All unpaved yard setback areas shall be covered with grass or similar vegetative material.
(e)
All machinery, equipment, or materials and activities not within a completely enclosed building shall be surrounded by a fence or wall at least six feet but not more than eight feet in height. Such fence shall be completely sight-obscuring and maintained in good condition. No fence may be permitted in any yard setback area. Any gate in a fence shall be similarly constructed and maintained and shall be kept securely locked at all times when the establishment is not in operation.
(f)
All machinery, equipment, or materials shall be stored or arranged in an orderly fashion so that circulation for firesafety can be maintained at all times.
(h)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(29)
Kennel, commercial. Commercial kennels are permitted, subject to the following criteria:
(a)
Minimum lot area. Unless animals are kept inside at all times, each site shall contain at least one acre; otherwise, the minimum lot area requirement of the applicable zoning district shall apply.
(b)
All structures where animals are kept shall be completely enclosed and soundproofed in a manner to prevent sound and odor from traveling outside, such as solid-core doors, sound-absorbent ceilings and forced air ventilation.
(c)
All structures where animals are kept that are not completely enclosed, and also including any outdoor animal pens, stalls, and runways shall be located within the rear yard. These outside and unenclosed facilities shall be a minimum of 50 lineal feet from all property lines, and 150 lineal feet any residential zoning district boundary or any existing residential use.
(d)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(e)
Where outdoor animal pens, stalls, or runways are permitted, animals shall be permitted to exercise outside daily between the hours of 8:00 a.m. to 8:00 p.m.
(g)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(h)
The applicant shall furnish evidence of effective means of animal and veterinary waste collection and disposal that shall be implemented.
(30)
Landscaping center/nursery. Landscaping centers/nurseries are permitted, subject to the following criteria:
(a)
The display and sale of items not grown on the premises shall be incidental to the nursery operation. The display area for these items shall not exceed 25% of the total gross display and sales area on the subject property. The display, sale or repair of motorized nursery or garden equipment may be permitted as an accessory use.
(b)
All outdoor storage, sales, display, and inventory areas shall be set back at least 25 lineal feet from the front property line and any street right-of-way line.
(c)
Outdoor storage, sales, display, and inventory areas shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface, such as concrete or bituminous concrete surface.
(d)
Outdoor storage, sales, display, and inventory areas shall be aligned and displayed in an orderly fashion so that circulation for firesafety can be maintained at all times.
(e)
Outdoor storage, sales, display, and inventory areas shall be all areas open for public display, including but not limited to shelves, racks, bins, stalls, tables, and booths, plus any adjoining aisles or walkways from which consumers can inspect items for sale. The retail sales area shall include both interior and exterior areas, as listed above.
(f)
All outdoor storage, sales, display, and inventory areas shall be completely enclosed by a fence or wall at least six feet but not more than eight feet in height.
(g)
Any drilling, cutting, sawing, mixing, crushing, or some other preparation of building materials, plus any testing or repair of motorized equipment, shall be conducted within a completely enclosed building;
(h)
Any exterior microphone/speaker system shall be oriented, arranged and/or screened to prevent any objectionable noise impact on adjoining properties.
(i)
Exterior trash and recycling receptacles shall be provided amid any outdoor sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
(k)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(31)
Licensed group home. Licensed group homes are permitted, subject to the following criteria:
(a)
In a narrative form, a statement of the proposed use, including its location, number of residents, name, telephone number and contact person of the sponsoring agency.
(b)
A statement that all required approvals, permits and licenses have been granted from the federal, state and county governments or other public agencies.
(c)
The group home shall comply with all zoning regulations in the district in which the group home is located.
(d)
In residential districts, any permitted licensed group home uses shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
(e)
Building height and setbacks shall be consistent with surrounding development in the neighborhood.
(f)
Fire escapes, where required, shall be located in the rear of the building and shall not be located on any wall facing a street right-of-way, excluding alleys.
(g)
Occupants of the group home shall live as a family unit.
(h)
Accommodations shall be limited to no more than four persons (which includes full-time staff and/or supervision) in the R-1 and R-L Residential Zoning Districts, and no more than eight residents (in addition to any in full-time staff and/or supervision) in the RM, and RH Residential Zoning Districts.
(i)
Under no circumstances shall any uses qualifying for or falling under the definition of "halfway house" be considered a group home.
(j)
All uses must comply with City building, health, housing, building, safety, property and other applicable code requirements.
(32)
Licensed group residence. Licensed group residence uses are permitted, subject to the following criteria:
(a)
In a narrative form, a statement of the proposed use, including its location, number of residents, name, telephone number and contact person of the sponsoring agency.
(b)
A statement that all required approvals, permits and licenses have been granted from the federal, state and county governments or other public agencies.
(c)
The licensed group residences shall comply with all zoning regulations in the district in which the licensed group residence is located.
(d)
All off-street parking shall comply with Article XVIII, shall not be located in front of the principal building, and shall be set back a minimum of 10 lineal feet and be screened from adjoining property within a residential zoning district or any existing adjacent residential use.
(f)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(g)
Under no circumstances shall any uses qualifying for or falling under the definition of "halfway house" be considered a group home.
(h)
All uses must comply with City building, health, housing, building, safety, property and other applicable code requirements.
(33)
Mini-storage/self-storage facilities. Mini-storage/self-storage facilities are permitted, subject to the following criteria:
(a)
All storage units shall be of fire-resistant construction.
(b)
Outdoor storage shall be limited to recreational vehicles, boats and trailers parked on paved areas. All such items stored outside of an unenclosed building must be licensed and inspected, if applicable, and in operable condition.
(c)
All permitted outdoor storage shall be completely enclosed by a fence or wall at least six feet but not more than eight feet in height.
(d)
The storage of inoperable, unlicensed, or inspected motor vehicles outside of a completely enclosed building shall be prohibited.
(e)
Mini-storage/self-storage facilities shall be used solely for the dead storage of property. The following lists examples of uses expressly prohibited upon the site:
[1]
Auctions, commercial wholesale or retail sales, or garage sales.
[2]
The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.
[3]
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.
[4]
The establishment of a transfer and storage business.
[5]
The storage of trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items that are dangerous, noxious or offensive because of odors, dust, noise, fumes, or vibrations.
(f)
The applicant shall adequately demonstrate that all mini-storage/self storage rental and/or use contracts shall specifically prohibit these uses.
(g)
All garage doors or outdoor storage areas shall not be located directly facing toward any adjoining property within a residential zoning district or any existing adjacent residential use.
(i)
The applicant shall submit a working plan for the collection, recycling and disposal of litter and wastes.
(k)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(34)
Mobile home parks. Mobile home parks are permitted, subject to the following criteria:
(a)
Minimum lot area shall be five acres.
(b)
Maximum density in a mobile home park shall be seven units per acre.
(c)
All mobile home lots or areas shall contain at least 4,250 square feet.
(e)
In no case shall the distance between any two mobile homes be less than 20 lineal feet (these setbacks shall also apply to the mobile home park office, service, utility, or other buildings).
(f)
No mobile home lot shall be within 25 lineal feet of a park boundary, nor within 35 lineal feet of an outside street right-of-way. This area shall constitute the mobile home park boundary area.
(g)
Each mobile home space shall contain no more than one mobile home, nor more than one family.
(h)
Each mobile home shall be placed on a six-inch-thick poured concrete pad over a six-inch stone base, the length and width of which shall be at least equal to the length and width of the mobile home it is to support. Every mobile home shall be anchored to the mobile home pad where it is located, prior to the unit being occupied, and no more than seven days from the arrival of the mobile home. The anchoring system shall be designed by a registered professional engineer to prevent tilting of the unit, and resist a minimum wind velocity of 90 miles per hour.
(i)
Each mobile home lot shall be provided with a permanent frost-free foundation, and each lot will have available adequate provisions, such as anchor bolts and tie-down straps, to assure that each mobile home has available to it a means of securing the home to its site.
(j)
Protective skirting shall be placed around the area between the stand surface and the floor level of each mobile home so as to prevent that area from forming a harborage for rodents, creating a fire hazard, or exposing unsightly conditions.
(k)
Individual mobile home owners may install accessory or storage sheds, extensions and additions to mobile homes, and exterior patio areas. Any such facilities so installed shall not intrude into any required front, side, or rear yard, and, in every case, shall substantially conform in style, quality, and color to the existing mobile homes.
(l)
(m)
All mobile homes shall abut on a street of the mobile home park's internal private street system. In no case shall access to such mobile homes and mobile home lots be provided directly to or abut adjoining public roads.
(n)
All internal streets shall, as a minimum, comply with marginal access street standards of Chapter 352, Subdivision and Land Development.
(o)
Interior mobile home park roads with no on-street parking shall be designed and constructed in accordance with Chapter 352, Subdivision and Land Development, for marginal access streets. An additional width of 10 feet shall be provided for each lane of on-street parking.
(p)
Each mobile home shall be provided with a minimum of two paved parking spaces containing at least 180 square feet of bituminous or concrete surface, which shall be located on the mobile home lot. If on-street parking is not provided, one additional off-street parking space per unit shall be provided in a common visitor parking compound. Such visitor parking lots shall be sized, arranged, and located so that the spaces are within 300 feet walking distance to any unit served.
(q)
Curbs, gutters and sidewalks shall be constructed and installed on both sides of each street with the mobile home park (whether public or private), in addition to installation of street trees, in accordance with Chapter 352, Subdivision and Land Development.
(r)
There shall be a minimum of 15% of the gross acreage of the mobile home park devoted to active and/or passive common recreational facilities. Responsibility for maintenance of the recreational areas shall be with the landowner and/or the operator.
(t)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(u)
Deed restrictions or covenants should be included to provide for the creation of a property owners' association or board of trustees for the proper protection and maintenance of the development improvements in the future; at a minimum, all development improvements relating to internal streets, sidewalks, curbs, parks, parking areas, etc., shall remain private and the responsibility of the landowner and/or the operator. Should the a property owners' association or board of trustees, or landowner and/or the operator, neglect to maintain the designated improvements as depicted on the plan, the City may then maintain said areas and assess the responsible party for any costs incurred.
(35)
Motels. Motels are permitted, subject to the following criteria:
(a)
Any accessory eating, drinking, retail, or meeting room use shall be physically attached to the principal motel building subject to the following:
(b)
Each rental unit/room shall have its own toilet and bathing or shower facilities.
(d)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(36)
Multifamily dwellings. Multifamily dwellings are permitted, subject to the following criteria:
(a)
Individual lots or subdivided parcels 1 1/4 acres or less in size shall have no building or buildings in addition to the principal building on the same lot used for living purposes. For parcels greater than 1 1/4 acres in size, one additional building on the same lot for living purposes shall be permitted; however, there must be a minimum of 35 lineal feet between buildings.
(b)
All off-street parking shall comply with Article XVIII, shall not be located in front of the principal building, and shall be set back a minimum of 10 lineal feet and be screened from adjoining property within a residential zoning district or any existing adjacent residential use.
(c)
A minimum of 30% of the total tract area shall be designated and maintained as common open space. Responsibility for maintenance of the open space area shall be with the landowner.
(d)
Building height and setbacks shall be consistent with surrounding development.
(e)
Any permitted multifamily dwelling use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.
(g)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(37)
Neighborhood retail/service. Neighborhood retail/service establishments are permitted, subject to the following criteria:
(a)
Hours of operation and activities shall be limited to between 7:00 a.m. and 11:00 p.m. to protect the existing neighborhood from detrimental noise, disturbance or interruption.
(b)
Building height and setbacks shall be consistent with surrounding development.
(c)
In residential districts, any permitted neighborhood retail/service use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
(d)
Trash receptacles shall be provided and routinely emptied to present the scattering of litter, and the applicant shall furnish and implement a working plan for the cleanup of litter and debris.
(f)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(38)
Nursing homes. Nursing homes are permitted, subject to the following criteria:
(a)
No more than 18 occupants per acre shall be permitted, excluding the staff of the facility.
(b)
A minimum of 30% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.
(c)
The facility operator shall meet all state and federal rules and regulations for health-care facilities. All necessary licenses or permits issued by county, state or federal agencies shall be provided by the applicant and required licenses, certificates, or permits shall be a condition for approval.
(d)
Primary visitor or passenger dropoff and pickup areas should be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.
(e)
Sufficient off-street stacking area for the movement of the visitor and emergency vehicles shall be provided on the site. A minimum one-hundred-foot-long on-site stacking area for the visitor and/or emergency vehicles shall be provided on the site. No visitor or emergency vehicle will be allowed to stack or be stored on public streets.
(f)
The institution shall submit a copy of its emergency operations plan (EOP) to the local and county emergency management agency coordinator. The EOP shall include detailed information regarding solid, medical and hazardous materials and waste handling, including a listing of all medical and hazardous materials and wastes used and generated on site and evidence indicating the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations.
(h)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(39)
Outdoor commercial recreation facilities. Outdoor commercial recreation facilities are permitted, subject to the following criteria:
(a)
Minimum lot size shall be five acres.
(b)
All outdoor recreation/activity areas shall be set back at least 50 lineal feet from the street right-of-way and 100 lineal feet any adjoining property within a residential zoning district or any existing adjacent residential use; otherwise, they shall comply with the underlying zoning district setbacks.
(c)
The facility shall be operated only between the hours of 8:00 a.m. and 11:00 p.m.
(d)
Any exterior microphone/speaker system shall be oriented, arranged and/or screened to prevent any objectionable noise impact on adjoining properties.
(e)
Exterior trash and recycling receptacles shall be provided amid any outdoor retail sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
(g)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(40)
Parking compounds. Parking compounds are permitted, subject to the following criteria:
(a)
Driveways, access drives or other points of ingress/egress for motor vehicle shall generally be taken from alleys.
(b)
No ingress or egress points shall be taken from Main Street, Church Street, or Water Street in the CBD Zoning District.
(c)
Off-street surface parking lots shall not be located on corner lots, on or adjacent to the intersection of two streets.
(d)
Off-street surface parking lots abutting public street rights-of-way, including alleys, shall be provided with a continuous street-fronting three-and-one-half-foot-high masonry wall or a perimeter planting at least five feet in depth measured from all sides of the parking area towards the property/street line with a mix of high- and low-level screening in accordance with Article XIX of this chapter. Wall breaks for driveways shall be not more than 24 feet in width.
(e)
All aboveground off-street parking garage and buildings shall comply with all provisions for principal buildings in the zoning district where the parking structures and building is proposed.
(f)
Parking garages and structures located along any street right-of-way line shall be provided with a continuous street-fronting, ground-level, nonresidential space and use, except for ingress and egress points necessary for retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies into the garage or structure.
(h)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building rather than the area around it.
(41)
Parks, playgrounds, and other noncommercial recreational uses. Parks, playgrounds, and other noncommercial recreational uses are permitted, subject to the following criteria:
(a)
Parks shall be developed in a manner that preserves natural features, watercourses, unique rock outcrops, slopes of greater than 15%, and vegetation.
(b)
Hours of operation and activities shall comply with all applicable City policies and regulations relating to parks and public outdoor facilities.
(c)
Exterior trash and recycling receptacles shall be provided amid any outdoor retail sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
(42)
Personal-care centers and personal-care homes. Personal-care centers and personal-care homes shall be permitted, subject to the following criteria:
(a)
In residential districts, any permitted personal-care home use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
(b)
Building height and setbacks shall be consistent with surrounding development in the neighborhood.
(c)
All individual resident/patient rooms shall be located within the principal building.
(d)
Accommodations for personal-care homes shall be limited to no more than four individual resident/patient rooms in a residential zoning district and eight individual resident/patient rooms in other zoning districts.
(e)
No cooking facilities shall be provided or permitted in the individual resident/patient rooms.
(f)
All off-street parking shall comply with Article XVIII, shall not be located in front of the principal building, and shall be set back a minimum of 10 lineal feet from the property lines and be screened from adjoining property within a residential zoning district or any existing adjacent residential use.
(h)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(i)
All uses must comply with City building, health, housing, safety, property and other applicable code requirements.
(j)
All personal-care facilities shall obtain and maintain the proper licensure from the commonwealth.
(43)
Place of assembly. Places of assembly are permitted, subject to the following criteria:
(a)
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(b)
Primary passenger dropoff and pickup areas should be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site. At a minimum, passenger dropoff and pickup areas shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(c)
All places of assembly with primary assembly areas providing a seating capacity of 250 or more persons shall front and have access to an arterial or collector road as provided in the most recent version of the City of Lock Haven Comprehensive Plan.
(d)
In residential districts, any permitted place of assembly use shall maintain an exterior appearance that is compatible with any existing dwellings in the neighborhood.
(e)
Building height and setbacks shall be consistent with surrounding development in the neighborhood.
(g)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(44)
Place of worship. Places of worship are permitted, subject to the following criteria:
(a)
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(b)
Primary passenger dropoff and pickup areas should be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site. At a minimum, passenger dropoff and pickup areas shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(c)
All places of worship with a seating capacity of 250 or more persons shall front and have access to an arterial or collector road as provided in the most recent version of the City of Lock Haven Comprehensive Plan.
(d)
In residential districts, any permitted place of worship use shall maintain an exterior appearance that is compatible with any existing dwellings in the neighborhood.
(e)
Building height and setbacks shall be consistent with surrounding development in the neighborhood.
(g)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(45)
Public building. Public buildings are permitted, subject to the following criteria:
(a)
In residential districts, any permitted public building shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.
(b)
In any residential district, the outdoor storage of vehicles or equipment shall not be permitted.
(d)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(46)
Public/private works facility. Public/private works facilities are permitted, subject to the following criteria:
(a)
The applicant must demonstrate that the selected location is necessary for public service and the use cannot be supplied if located elsewhere.
(b)
In residential districts, any permitted public/private works facility shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.
(c)
In any residential district, the outdoor storage of vehicles or equipment shall not be permitted.
(d)
Principal buildings and structures shall be set back 100 lineal feet from an adjoining property within a residential zoning district or any existing adjacent residential use.
(e)
The applicant shall demonstrate that environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts beyond the subject property fall within acceptable levels as regulated by applicable laws and ordinances, including but not limited to those of Article XIX of this chapter.
(g)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(47)
Rail yards. Rail yards are permitted, subject to the following criteria:
(a)
Minimum lot area shall be five acres.
(b)
All outside storage shall be at least 200 lineal feet from any public street, adjoining property within a residential zoning district or an existing adjacent residential use.
(c)
All yard setbacks shall at all times be clean, vacant and well maintained.
(d)
The applicant shall provide a detailed description of the proposed use in each of the following topics:
[1]
The applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
[2]
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including but not limited to those of Article XIX of this chapter.
(e)
All reasonable provisions shall be made to prevent or minimize noise, odor, and vibration, light or electrical interference adjoining property within a residential zoning district or any existing adjacent residential use in accordance with Article XIX of this chapter.
(f)
No machinery, equipment, or materials shall be stored in required front, side, or rear yard setback areas. All unpaved yard setback areas shall be covered with grass or similar vegetative material.
(g)
All machinery, equipment, or materials and activities not within a completely enclosed building shall be surrounded by a fence or wall at least six feet but not more than eight feet in height. Such fence shall be completely sight-obscuring and maintained in good condition. No fence may be permitted in any yard setback area. Any gate in a fence shall be similarly constructed and maintained and shall be kept securely locked at all times when the establishment is not in operation.
(h)
All machinery, equipment, or materials shall be stored or arranged in an orderly fashion so that circulation for firesafety can be maintained at all times.
(j)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the buildings, rather than the area around it.
(48)
Recycling collection point, public. Recycling collection point, public, are permitted, subject to the following criteria:
(a)
All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent:
(b)
Adequate provision shall be made for movement of trucks, if needed, and for off-street parking.
(c)
Materials to be collected shall be of the same character as the following materials: paper, cardboard, plastic, steel/tin, aluminum and glass. No garbage shall be stored as part of the use, except for that generated on site and that accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on site. Used tires shall not be stored on site.
(d)
The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or land-filling shall occur. No mechanical operations shall routinely occur at the site other than operations such as the baling of cardboard.
(f)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(49)
Residential conversions for multiple dwellings. Residential conversions for multiple dwellings are permitted, subject to the following criteria:
(a)
The structure must be a single-family detached dwelling that existed on the effective date of this chapter and contained (at that time) at least 4,000 square feet of habitable floor area.
(b)
In residential districts, all principal structures permitted to be residential conversion to multiple dwelling units uses shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
(c)
Building height and setbacks shall be consistent with surrounding development in the neighborhood.
(d)
No more than four total dwelling units shall be permitted per lot.
(e)
Fire escapes, where required, shall be located in the rear of the building and shall not be located on any wall facing a street right-of-way, excluding alleys.
(f)
All dwelling units shall be located within the principal building.
(g)
All dwelling units must have separate kitchen and bathroom facilities as well as living/sleeping spaces.
(h)
All floors above grade shall have direct means of escape to ground level.
(i)
All off-street parking shall comply with Article XVIII, shall not be located in front of the principal building, and shall be set back a minimum of 10 lineal feet from the property lines and be screened from adjoining property within a residential zoning district or any existing adjacent residential use.
(k)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(l)
All uses must comply with City building, health, housing, rental, safety, property and other applicable code requirements.
(m)
The applicant shall obtain any required land development approvals.
(50)
Restaurants. Restaurants are permitted, subject to the following criteria:
(a)
Outdoor play areas shall be completely enclosed by a minimum six-foot and maximum of eight-foot-high fence.
(b)
In addition to other provisions in this Article XX of this chapter relating to accessory outdoor cafe/seating, where accessory outdoor cafe/seating may be permitted, exterior speaker/microphone systems shall be oriented away from and/or screened to prevent objectionable noise impact on abutting properties.
(c)
In residential and the CBD Zoning Districts, accessory drive-throughs are not permitted. Otherwise, where accessory drive-throughs are permitted, drive-through lane shall have minimum of 100 feet of on-site stacking preceding the order location. No vehicle will be allowed to form or stack on public streets.
(d)
Adequate provision for the collection and disposal of greases shall be demonstrated.
(e)
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(g)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(51)
Schools, commercial. Commercial schools are permitted, subject to the following criteria:
(a)
Within the CBD Zoning District, all maintenance, repair, rebuilding, testing, construction of mechanical devices, storage of materials, equipment, etc. shall be conducted within a completely enclosed building.
(b)
All ventilation outlets shall be located at least 100 lineal feet and shall be oriented away from any adjoining property within a residential zoning district or any existing adjacent residential use.
(c)
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(e)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(f)
All height, area, setback and coverage standards within the underlying zoning district shall apply, except that:
(52)
Schools, public/private. Public and private schools are permitted, subject to the following criteria:
(a)
In residential districts, any permitted school shall maintain an exterior appearance that is compatible with any existing dwellings in the neighborhood.
(b)
In residential districts, building height and setbacks shall be consistent with surrounding development in the neighborhood. In all other districts, all height, area, setback and coverage standards within the underlying zoning district shall apply, except that:
(c)
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(d)
Primary passenger dropoff and pickup areas should be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site. At a minimum, passenger dropoff and pickup areas shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood. A minimum one-hundred-foot-long on-site stacking area vehicles shall be provided on the site. No vehicles will be allowed to form or stack on public streets.
(e)
All schools with an enrollment of 250 or more students shall front and have access to an arterial or collector road as provided in the most recent version of the City of Lock Haven Comprehensive Plan.
(g)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(53)
Shopping centers. Shopping centers are permitted, subject to the following criteria:
(a)
The subject property shall front on an arterial or collector road as provided in the most recent version of the City of Lock Haven Comprehensive Plan, and all access drives shall be set back at least 200 lineal feet from the intersection of any street rights-of-way.
(b)
Minimum lot size shall be three acres.
(c)
Minimum lot width shall be 200 feet.
(d)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. On-lot traffic circulation channels and parking areas shall be clearly marked.
(e)
The shopping center shall be permitted to erect one planned shopping center sign along each of the center's frontages. At least 50% of the total sign area shall be devoted to advertisement of the shopping center's name. The size of such sign shall not exceed one square foot for each four feet of frontage contained within the shopping center. In no case shall a planned center sign exceed a maximum size of 100 square feet nor an overall height of 20 feet. In addition, individual uses within the shopping center may have signs; however, such signs shall be flat wall, wall-projecting, or roof signs as described in Article XVII of this chapter.
(g)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(54)
Single-family attached dwellings. Single-family attached dwellings are permitted, subject to the following criteria:
(a)
In residential districts, any permitted single-family attached dwelling shall maintain an exterior appearance that is compatible with any existing dwellings in the neighborhood.
(b)
Building height and setbacks shall be consistent with surrounding development in the neighborhood.
[1]
Minimum lot area shall be 2,000 square feet per unit, whether on a common lot or individual lots.
[Amended 6-21-2010 by Ord. No. 859]
[2]
Minimum lot width: 20 feet for common and interior lots (attached units) and 45 feet for end units.
[Amended 6-21-2010 by Ord. No. 859]
[3]
Minimum side yard: zero feet for common and interior lots (attached units) and 15 feet for end units.
[4]
Minimum rear yard setback: 20 feet.
[Amended 6-21-2010 by Ord. No. 859]
[5]
Maximum lot coverage: 65%.
[6]
Maximum dwelling units in a row: six, but if four or more are in a row, then no more than 60% shall have the same setback. The minimum variation shall be four feet.
(e)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(55)
Taverns/bars. Taverns and bars are permitted, subject to the following criteria:
(a)
Taverns and bars shall be located in accordance with the provisions of the Pennsylvania Liquor Control Board.
(b)
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(c)
The owner(s) and operator(s) of a tavern/bar shall be responsible for the conduct and safety of the patrons.
(d)
Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter, and the applicant shall furnish and implement a working plan for the cleanup of litter and debris.
(e)
Adequate provision for the collection and disposal of greases shall be demonstrated.
(f)
In addition to other provisions in this Article XX of this chapter relating to accessory outdoor cafe/seating, where accessory outdoor cafe/seating may be permitted, exterior speaker/microphone systems shall be oriented away from and/or screened to prevent objectionable noise impact on abutting properties.
(h)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(56)
Truck terminal. Truck terminals are permitted, subject to the following criteria:
(a)
The subject property shall front on an arterial or collector road as provided in the most recent version of the City of Lock Haven Comprehensive Plan.
(b)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(c)
No entrance or exit shall be located closer than a minimum of 100 lineal feet to an existing street intersection on the same side of the right-of-way as the proposed entrance or exit.
[Amended 4-2-2018 by Ord. No. 986]
(d)
The applicant shall provide a detailed description of the proposed use in each of the following topics:
[1]
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
[2]
The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift and an overall needed site size.
[3]
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in Article XIX of this chapter.
(f)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(57)
Truck stop/travel plaza. Truck stops/travel plazas are permitted, subject to the following criteria:
[Added 4-2-2018 by Ord. No. 986]
(a)
The subject property shall front on an arterial or collector road as provided in the most recent version of the City of Lock Haven Comprehensive Plan.
(b)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(c)
No entrance or exit shall be located closer than a minimum of 100 lineal feet to an existing street intersection on the same side of the right of way as the proposed entrance or exit.
(d)
In addition to unleaded fueling stations, the premises must also be equipped with diesel islands for fueling commercial vehicles.
(f)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building rather than the area around it.
(g)
The premises must include a minimum of three acres.
(58)
University/college. Universities and/or colleges are permitted, subject to the following criteria:
(a)
All height, area, setback, and coverage standards within the underlying zoning district shall apply, except that:
(b)
Individual lots or subdivided parcels 1 1/4 acres or less in size shall have no building or buildings in addition to the principal building on the same lot. For parcels greater than 1 1/4 acres in size, additional buildings on the same lot shall be permitted; however, there must be a minimum of 35 lineal feet between buildings.
(c)
A minimum of 30% of the total tract area shall be designated and maintained as common open space. The landowner shall be responsible for maintenance of the open space area.
(d)
Primary passenger dropoff and pickup areas should be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site. At a minimum, passenger dropoff and pickup areas shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood. A minimum one-hundred-foot long on-site stacking area vehicles shall be provided on the site. No vehicle will be allowed to form or stack on public streets.
(e)
The institution shall meet all state and federal rules and regulations for universities and/or colleges. All necessary licenses or permits issued by county, state or federal agencies shall be provided by the applicant and required licenses, certificates, or permits shall be a condition for approval.
(f)
The institution shall submit a copy of its emergency operations plan (EOP) to the local and county emergency management agency coordinator. The EOP shall include detailed information regarding solid, medical and hazardous materials and waste handling, including a listing of all medical and hazardous materials and wastes used and generated on site and evidence indicating the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations.
(g)
All reasonable provisions shall be made to prevent or minimize noise, odor, and vibration, light or electrical interference adjoining property within a residential zoning district or any existing adjacent residential use in accordance with Article XIX of this chapter.
(i)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the buildings, rather than the area around it.
(59)
University housing. University housing is permitted, subject to the following criteria:
(a)
All height, area, setback, and coverage standards within the underlying zoning district shall apply, except that all buildings shall be set back at least 100 feet from any adjoining land within a residential zoning district boundary or any existing residential use.
(b)
Individual lots or subdivided parcels 1 1/4 acres or less in size shall have no building or buildings in addition to the principal building on the same lot. For parcels greater than 1 1/4 acres in size, one additional building on the same lot shall be permitted; however, there must be a minimum of 35 lineal feet between buildings.
(c)
A minimum of 30% of the total tract area shall be designated and maintained as common open space. The landowner shall be responsible for maintenance of the open space area.
(d)
The institution shall submit a copy of its emergency operations plan (EOP) to the local and county emergency management agency coordinator. The EOP shall include detailed information regarding solid, medical and hazardous materials and waste handling, including a listing of all medical and hazardous materials and wastes used and generated on site and evidence indicating the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations.
(e)
All reasonable provisions shall be made to prevent or minimize noise, odor, and vibration, light or electrical interference adjoining property within a residential zoning district or any existing adjacent residential use in accordance with Article XIX of this chapter.
(g)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the buildings, rather than the area around it.
(60)
Warehousing, distributing, and wholesaling. Warehousing, distributing, and wholesaling is permitted, subject to the following criteria:
(a)
The subject property shall front on an arterial or collector road as provided in the most recent version of the City of Lock Haven Comprehensive Plan.
(b)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(c)
No entrance or exit shall be located closer than 150 lineal feet to an existing street intersection.
(d)
The applicant shall provide a detailed description of the proposed use in each of the following topics:
[1]
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
[2]
The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift and an overall needed site size.
[3]
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in Article XIX of this chapter.
(f)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(61)
Criminal housing facility. A criminal housing facility is permitted subject to the following criteria:
[Added 7-11-2016 by Ord. No. 955]
(a)
The lot area in square feet must provide for a minimum of 1,000 square feet per resident, with a maximum occupancy of 16 residents.
(b)
A criminal housing facility must be licensed where required by an appropriate federal, state, county or other government agency(ies) and shall be in compliance with all applicable rules and regulations of the licensing body(ies). Prior to a zoning permit being issued, the applicant shall provide a copy of any required license to the Zoning Officer.
(c)
The applicant shall prove to the satisfaction of City Council, with the burden of proof being upon the applicant, that the use will involve adequate supervision and security measures to protect public safety.
(d)
A criminal housing facility shall be directly affiliated with a parent institution or organization, which shall provide full-time supervision and administration to the residents of the house.
(e)
City Council may place conditions on the use as necessary to protect the safety of the community, staff and residents, including conditions on the types of residents and security measures.
(f)
The facility shall contain identified areas of the following type: dining area, kitchen area, meeting room area, recreational area, visiting area, staff office space, separate secured rest rooms for staff and visitors and laundry area. No cooking or dining facilities shall be provided in individual rooms or suites.
(g)
No portion of a property line for a property on which is located a building is occupied by a criminal housing facility use shall be located within 1,000 lineal feet of any property which contains any one or more of the following specified land uses where minors may congregate:
[1]
Any other building occupied by a criminal housing facility use;
[2]
Commercial recreation facility, indoor/outdoor;
[3]
Day-care facility primarily for children;
[4]
Library;
[5]
Park, playground, play field;
[6]
Place of worship/assembly;
[7]
School, private/public;
[8]
Swimming pool, public;
[9]
Other lands, buildings, or uses where minors congregate; or
[10]
Residential zoning district or a residential use.
(h)
Each application shall be accompanied by a statement describing the following:
[1]
A description of the type of residents that will be housed at the criminal housing facility;
[2]
The policies and goals of the criminal housing facility and the means proposed to accomplish those goals;
[3]
The characteristics of the residents and number of residents to be served;
[4]
The operating methods and procedures to be used; and
[5]
Any other facts relevant to the proposed operation of the criminal housing facility.
(i)
Any use permit granted for the criminal housing facility shall be bound to the type and number of residents listed on the application. Any change in the type or number of offenders being housed or any expansion of such treatment center or any relocation from one building to another building shall require conditional use approval.
(j)
All on-site, outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
(62)
Treatment center. Treatment centers are permitted subject to the following criteria:
[Added 7-11-2016 by Ord. No. 955]
(a)
Accommodations shall be limited to a maximum occupancy of 16 residents.
(b)
A treatment center must be licensed where required by an appropriate federal, state, county or other government agency(ies) and shall be in compliance with all applicable rules and regulations of the licensing body(ies). Prior to a zoning permit being issued, the applicant shall provide a copy of any required license to the Zoning Officer.
(c)
A treatment center shall be directly affiliated with a parent institution or organization, which shall provide full-time supervision and administration to the residents of the house.
(d)
The facility shall contain identified areas of the following type: dining area, kitchen area, meeting room area, recreational area, visiting area staff office space, separate secured rest rooms for staff and visitors and laundry area. No cooking or dining facilities shall be provided in individual rooms or suites.
(e)
Each application shall be accompanied by a statement describing the following:
(f)
Any use permit granted for the treatment center shall be bound to the number of residents listed on the application. Any change in the number of residents being housed or any expansion of such treatment center or any relocation from one building to another building shall require conditional use approval.
(g)
A treatment center shall also be permitted with conditional use approval as an accessory use within an existing permitted state licensed general hospital within the Public Institutional District. Any expansion of such treatment center or any relocation from one building to another building shall require conditional use approval.
(h)
All on-site, outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
§ 410-125 Additional supplemental standards and requirements for specific accessory uses, buildings and structures.
A.
Bed-and-breakfast. Bed-and-breakfast uses are permitted, subject to the following criteria:
(1)
The building must be the principal residence of the owner.
(2)
The bed-and-breakfast must be operated by the owner of the building or a manager.
(3)
The operator must offer the individuals temporarily abiding at the bed-and-breakfast not less than one meal per day.
(4)
The premises must be inspected not less than annually by the City of Lock Haven Code, Zoning and Health Officers for compliance with City zoning and code ordinances and state regulations regarding places serving food or drink other than any requirement for use of commercial equipment. The zoning permit shall specify the maximum number of rooms for guests for which the premises is approved and may be amended, from time to time, upon the annual inspection.
(5)
Individuals temporarily abiding at the bed-and-breakfast shall not abide there in excess of 14 consecutive days.
B.
Cafe/outdoor dining. Cafe/outdoor dining uses are permitted, subject to the following criteria:
(1)
Outdoor furnishings shall be limited to tables, chairs, umbrellas, benches, outdoor heaters, and reservation podium.
(2)
Outdoor furnishings shall be stored in an enclosed facility after normal operating hours.
(3)
The limits of the outdoor dining area shall be defined. In addition to decorative fencing and landscaping, decorative planters, posts with ropes, and other removable enclosures, as well as reservation podium are encouraged as a way of defining the area occupied by the outdoor dining area.
(4)
Any exterior microphone/speaker system shall be oriented, arranged and/or screened to prevent any objectionable noise impact on adjoining properties.
(5)
Exterior trash and recycling receptacles shall be provided amid any outdoor retail sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
(6)
Advertising or promotional features, other than permitted signs in accordance with Article XVII of this chapter, shall be limited to umbrellas and canopies.
(7)
Outdoor dining shall not impede public sidewalks. Where permission is granted by the entity having jurisdiction over the public right-of-way in which the outdoor dining is proposed, a minimum of six feet uninterrupted (obstacle-free) pathway can be continuously maintained, public sidewalks may be utilized for outdoor dining areas.
(8)
All reasonable provisions shall be made to prevent or minimize noise, odor, and vibration, light or electrical interference adjoining property within a residential zoning district or any existing adjacent residential use in accordance with Article XIX of this chapter.
(9)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
C.
Day care, accessory. Accessory day cares as defined in this chapter are exempted from zoning/building permit requirements, except that the principal residential dwelling must comply with all other applicable requirements of this chapter.
D.
Day care, family. Family day-care uses are permitted, subject to the following criteria:
(1)
All family day-care facilities shall be conducted within a single-family detached dwelling.
(2)
A family day-care facility shall offer care and supervision to no more than six different nonresident minors during any calendar day.
(3)
An outdoor play area no less than 390 square feet in area shall be provided. Such play area shall not be located within the front yard nor any vehicle parking lot.
(4)
No portion of a day-care facility shall be located within 300 lineal feet from any potentially hazardous land use or activity which could pose a threat to the safety of the children, staff, or other occupants of the facility.
(5)
Off-street parking areas shall not be used as outdoor play areas. Outdoor play areas shall include secure fencing around outdoor play areas. Outdoor play areas shall not be located within the front yard and screening shall be in compliance with Article XVIII of this chapter, but vegetative materials located within the outdoor play areas shall be of a non-harmful type (poisonous, thorny, allergenic, etc.) All outdoor play areas must provide a means of shade, such as a shade tree(s), pavilion(s), etc.
(6)
Enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.
(7)
Primary passenger dropoff and pickup areas should be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site. At a minimum, passenger dropoff and pickup areas shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(8)
Building height and setbacks shall be consistent with surrounding development in the neighborhood.
(9)
In residential districts, any permitted family day-care use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted unless required by the City of Lock Haven Building Code or applicable commonwealth agency.
(10)
All family day-care facilities with enrollment of more than three minors shall obtain, furnish, and maintain a valid registration certificate for the proposed use, issued by the Pennsylvania Department of Public Welfare.
E.
Drive-through. Drive-throughs are permitted as an accessory use to a permitted principal use, subject to the following criteria:
(1)
Where practicable, all drive-through window lanes shall be separated from the parking lot's interior driveways.
(2)
Where practicable, all drive-through window facilities and lanes shall be located on a building wall facing away from an adjoining property within a residential zoning district or any existing adjacent residential use.
(3)
Where practicable, all drive-through window facilities and lanes shall be located on a building wall facing away from a public street, except alleys.
(4)
All automated teller machines shall be located, or contain convenient parking spaces, so that the on-site movement of vehicles will not be hampered by those cars belonging to persons using the automated teller machines.
(5)
Sufficient stacking lanes shall be provided associated with drive-through windows, to prevent vehicle backups on adjoining streets. A minimum one-hundred-foot-long on-site stacking area for the vehicles shall be provided on the site. No vehicle will be allowed to stack or form on public streets. Furthermore, each drive-through lane shall have on-site directional signs, indicator lights or pavement markings identifying the direction of travel and lane status (i.e., open versus closed).
(6)
Any exterior microphone/speaker system shall be oriented, arranged and/or screened to prevent any objectionable noise impact on adjoining properties.
(7)
Within the CBD Zoning District, drive-throughs shall be prohibited.
(9)
All on-site outdoor lighting of buildings and surrounding areas shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and security lighting should be directed toward the building, rather than the area around it.
F.
Essential services. Essential services as defined in this chapter shall be permitted in all zoning districts and shall conform to, design, yard area, setback and height. Where necessary and appropriate, screening shall be provided in accordance with Article XIX of this chapter.
G.
Home occupation. Home occupation uses are permitted, subject to the following criteria:
(1)
The use shall be clearly incidental to the principal use of the premises as a single-family detached and semidetached dwelling for living purposes.
(2)
No more than three persons, at least one of whom shall be a resident of the dwelling, may be engaged in the home occupation use.
(3)
No more than one home occupation may be located in any dwelling unit.
(4)
Any permitted home occupation use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character, shall be permitted.
(5)
No mechanical equipment shall be employed in a home occupation, other than that customarily utilized for hobby or domestic purposes.
(6)
No sales of any goods or merchandise shall occur on the premises other than those goods or merchandise which are produced on the premises.
(7)
No manufacturing shall occur on the premises other than the products of customary hobbies and fabrication of garments by a seamstress.
(8)
No goods shall be displayed so as to be visible from the exterior of the premises.
(9)
Activities associated with the home occupation shall be conducted in such a way that no noise, odor, vibration, electromagnetic interference, or smoke shall be noticeable at or beyond the property line.
(10)
Home occupations shall be limited to not more than 25% of the gross floor area of the dwelling unit, or 500 square feet of gross floor area, whichever is less.
(11)
No accessory building or structure shall be utilized as a home occupation.
(13)
The applicant shall submit evidence of all applicable state and city approvals.
H.
Keeping of pets. Keeping of pets outdoors is permitted subject the following criteria:
(1)
Horses may be kept outdoors in any residential zoning district, provided:
(a)
The lot contains at least three acres of pasture per horse.
(b)
Manure is not stored within 150 lineal feet of any lot line.
(c)
The pasture is completely enclosed with a fence at least six feet in height.
(d)
Raising or boarding of horses for hire, remuneration or sale is prohibited.
[Added 5-16-2011 by Ord. No. 880]
(2)
Dogs may be kept outdoors in any zoning district, provided:
I.
No-impact home occupation. No-impact home occupation uses are permitted, subject to the following criteria:
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.
(5)
The business activity may not use any equipment or process which creates noise, vibrations, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is normally associated with residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling and may not occupy more than 25 of the habitable floor area.
(8)
The business may not involve any illegal activity.
J.
Storage of recreational vehicles and recreational equipment. Recreational vehicles and recreational equipment as defined within the terms of this chapter may be parked or stored, subject to the following requirements:
(1)
Camping and recreational equipment belonging to persons other than the owner of the property may be temporarily parked on a residential property in residential zoning districts. Temporary trailer parking shall be limited to a maximum of one consecutive six-week period in any one calendar year.
(2)
Permanent parking and storing of camping and recreational equipment shall be limited to the interior of private, automobile garages or other available on-lot accessory buildings, or to the side or rear of the lot.
K.
Accessory buildings. No accessory building shall be constructed upon a lot until the construction of the principal building has been actually commenced and except as provided elsewhere in this chapter. Unless otherwise specified elsewhere in this chapter, accessory buildings, such as but not limited to detached private garages, barns, storage buildings, garden structures and greenhouses (not used for commercial purposes), may be erected in accordance with the following requirements:
(1)
Accessory buildings of not more than 144 square feet in ground floor area and 10 feet in height are exempted from zoning/building permit requirements; provided, however, the building does not involve any electrical, plumbing or mechanical installation.
(2)
No accessory building shall be used for residential living purposes. Provided, however, that one residential unit for a caretaker may be permitted in conjunction with any industrial establishment. Accessory buildings shall only be permitted in the side and rear yard areas.
(3)
Accessory buildings shall not be permitted in front of the principal building or any front yard area.
(4)
Unless a greater distance is specified in accordance with required buffer yards in Article XIX of this chapter, all accessory buildings shall be set back a minimum of five lineal feet from any side lot line.
(5)
Where a rear yard opens onto an alley or a street, including a corner lot, detached private garages and detached carports shall be set back a minimum of 10 lineal feet from the right-of-way line. Otherwise, the minimum setback shall be five feet.
(6)
Any accessory building(s) shall not cover more than 40% of the rear yard area. In no case shall the footprint or building coverage of an accessory building exceed the footprint or building coverage of the principal building.
(7)
Any accessory building shall be no less than five lineal feet from the principal building on the lot to which is accessory.
(8)
All accessory buildings in residential zoning districts shall not be higher than 1 1/2 stories or 15 feet, whichever is less. Otherwise, in all other zoning districts, accessory buildings are permitted to be constructed to the maximum height requirements of principal buildings in the zoning district.
L.
Fences and walls. Fences and walls are permitted, subject to the following criteria:
(1)
Fences and walls may be erected, altered and maintained within the yards and along the boundaries of a lot.
(2)
In any residential and the CBD Zoning Districts, any such fence or wall in the front yard shall not exceed 3 1/2 feet in height. In all other zoning districts, fences or walls in front yards shall not exceed eight feet in height.
(a)
On a corner lot at the intersection of two streets in residential and the CBD Zoning Districts, the maximum height of a fence shall be 3 1/2 abutting both streets, except that the maximum height, as be as specified below, shall be achieved only within an area that is behind the rear of the principal building.
(3)
In any zoning district, a fence or wall in the side or rear yard may be a maximum of eight feet in height.
[Amended 3-2-2020 by Ord. No. 2020-02]
(4)
All yard areas used for the outdoor storage of any materials and equipment needed for the operation or conduct of an industrial or commercial enterprise shall be enclosed by a solid wall, uniformly painted board fence, chain-link fence in conjunction with a screen planting in accordance with Article XIX of this chapter on all sides which adjoin property within a residential zoning district or any existing adjacent residential use.
(5)
For fences constructed of wood cover on wood frame, the framework must face onto the interior of the lot, unless the fence is so designed as to provide equal frame and cover area to adjoining yards.
(6)
For fences constructed open metal mesh, supported by posts and frame of either pipe or wood, the posts and frames must be on the interior of the mesh.
(7)
For fences constructed of masonry construction, a finished surface must be provided on the exterior side.
(8)
No fence shall be constructed in any street or alley right-of-way.
(9)
All fences must meet the intersection visibility requirements set forth in this chapter.
M.
Private swimming pools. Private swimming pools are permitted, subject to the following criteria:
(1)
The pool is intended to be used by the occupants of the principal use of the property on which it is located.
(2)
It may be located only in the rear yard or side yard of the property on which it is an accessory use.
(3)
Swimming pools, including any accessory structures adjacent thereto, shall not be located closer than 10 lineal feet to any property line of the property on which the swimming pools is located.
(4)
No permanent swimming pool structure shall be permitted without an operable filtration system utilizing chlorine, bromine or some other antibacterial agent.
(5)
Conventional wading pools less than the area and depth requirements of item above shall be exempt.
(7)
No water from a pool shall be discharged directly onto or within 20 lineal feet of any public right-of-way or adjacent property without the owner's consent.
(8)
All on-site outdoor lighting shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site.
N.
Tennis courts. Tennis courts are permitted, subject to the following criteria:
(1)
All tennis courts in residential zones shall include an open mesh permanent fence 10 feet in height behind each baseline. Such fence shall extend parallel to said baseline at least 10 lineal feet beyond the court's playing surface, unless the entire court is enclosed.
(2)
All on-site outdoor lighting shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site.
§ 410-126 Additional supplemental standards and requirements for temporary uses.
Only the following uses are permitted temporarily (from a period of one up to six weeks in one calendar year):
A.
Christmas tree sales in any zoning district.
B.
Carnival, circus, street fairs or bazaar-type events in any zoning district.
C.
Mobile amusement and lighting equipment for promotion, advertisement and grand openings in commercial and industrial districts.
D.
Construction site trailers. Construction site trailers may be authorized by the Zoning Office, but only for limited periods of time. When so authorized, such units shall be subject to the following standards:
[Added 5-16-2011 by Ord. No. 880]
(1)
A temporary 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.
(2)
The Zoning Officer may authorize an extension to or renew the temporary permit for as many as two additional six-month periods if, in the Zoning Officer's opinion, the applicant encountered unforeseen circumstances in carrying out the operation for which the original temporary permit was issued.
(3)
Information concerning water supply and sewage disposal facilities to be used shall be presented by the applicant as part of the zoning permit application to be reviewed by the City Engineer for compliance with all applicable regulations.
(4)
All such construction site trailers shall be removed from the site by the applicant upon expiration of the permit at no cost to the City of Lock Haven.
(5)
Construction site trailers shall meet the minimum setback requirements for the zoning district in which they are to be located.
(6)
A minimum of two off-street parking spaces shall be provided to accommodate the proposed temporary activity.
E.
Mobile vending units. Mobile vending units may be permitted to house temporary uses; however, they are subject to all requirements of this article. Mobile vending units shall not be permitted as principal uses/structures unless located on a permanent foundation.
[Added 5-16-2011 by Ord. No. 880]
(1)
A temporary 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.
(2)
Mobile vending units shall meet the minimum setback requirements for the zoning district in which they are located.
(3)
A minimum of two off-street parking spaces shall be provided to accommodate the proposed temporary activity.
F.
Other temporary uses. Other low-impact temporary uses deemed beneficial to the public health or general welfare of the City residents or necessary to promote proper development of the municipality, including yard, garage or porch sales; flea markets; auctions; or periodic parking lot sales, may be permitted to be located in any zoning district in the City. No zoning permit shall be required for these uses or activities. Temporary uses shall, however, be subject to the following standards:
[Added 5-16-2011 by Ord. No. 880]
(1)
All such temporary uses shall be limited to three continuous days no more than two times in any calendar year.
(2)
Temporary uses shall meet the minimum setback requirements for the zoning district in which they are to be located.
(3)
If the temporary use is to take place on a lot or land not owned by the applicant, the applicant shall obtain written permission from the owner of the property to conduct the proposed activity.
(4)
A minimum of two off-street parking spaces shall be provided to accommodate the proposed temporary activity.