This Part contains standards and criteria for the granting of conditional uses. These conditions shall supplement the regular district provisions and general provisions of this Chapter.

(Ord. 462, 8/14/1995, §1100)

   1.   The principal activity shaU not be one which is customarily carried on as a business or as a profit-making enterprise for any person.

   2.   Outdoor sign or signs advertising the sale of food and beverages shall be prohibited.

   3.   Refuse and waste disposal containers shall be screened from view of adjacent properties and maintained so as to create no health hazard and free of rodent harborage and insect infestation.

   4.   Off-street parking shall be provided in accordance with § 27-502(l)(D) of this Chapter.

(Ord. 462, 8/14/1995, §1101)

   1.   The conversion of a building into a greater number of dwelling units shall be undertaken in a R-1 District in accordance with the following:

      A.   No conversion shall contain more than a total of two dwelling units.

      B.   The lot area per dwelling shall not be less than 5,000 square feet.

      C.   All other district requirements shall be met.

      D.   No alteration of the building exterior shall be made except as may be necessary for health or safety purposes.

      E.   Fire escapes shall not be located on any wall facing a street and shall not project into any required yard area.

      F.   Each dwelhng unit shall have separate and private cooking and bathroom facilities.

      G.   Each dwelhng unit must comply with the foUowing minimum habitable floor area requirements:

         (1)   One bedroom configuration limited to two person occupancy - 500 square feet.

         (2)   Two bedroom configuration hmited to four person occupancy - 700 square feet.

         (3)   Three bedroom configuration hmited to six person occupancy - 850 square feet.

   2.   For the purpose of determining "minimum habitable floor area" for this Part the definition found in § 27-202 shall apply, however, any room, (except a kitchen area) which has a floor area of less than 90 square feet in any horizontal dimension shall be excluded from the calculation of habitable floor area.

   3.   The conversion of a building into a greater number of dwelhng units shall be undertaken in an R-2 District in accordance with the following:

      A.   No conversion shaU contain more than a total of four dwelhng units.

      B.   The lot area per dwelling until shall be not less than 3,500 square feet.

      C.   All other district requirements shall be met.

      D.   No alteration of the building exterior shall be made except as may be necessary for health or safety purposes.

      E.   Fire escapes shall not be located on any waU facing a street and shall not project into any required yard area.

      F.   Each dwelhng unit shall have separate and private cooking and bathroom facilities.

      G.   Each dwelhng unit must comply with the foUowing minimum habitable floor area requirements:

         (1)   One bedroom configuration limited to two person occupancy - 500 square feet.

         (2)   Two bedroom configuration hmited to four person occupancy - 700 square feet.

         (3)   Three bedroom configuration hmited to six person occupancy - 850 square feet.

   4.   For the purpose of determining "minimum habitable floor area" for this Part the definition found in § 27-202 shaU apply, however, any room, (except a kitchen area), which has a floor area of less than 70 square feet and/or any room, (except kitchen area), which has less than 7 feet in any horizontal dimension shall be excluded from the calculation of habitable floor area.

   5.   The construction of a multi-family dwelhng as a conditional use in a R-1 District shaU be undertaken in accordance with the foUowing:

      A.   No bunding shaU contain more than a total of four dweUing units.

      B.   The lot area per dwelhng until shall not be less than 10,000 square feet.

      C.   AU other district requirements shaU be met.

      D.   Each dwelhng unit shall have separate and private cooking and bathroom faculties.

      E.   Each dwelling unit must comply with the following minimum habitable floor area requirements:

         (1)   One bedroom configuration limited to two person occupancy - 500 square feet.

         (2)   Two bedroom configuration hmited to four person occupancy - 700 square feet.

         (3)   Three bedroom configuration hmited to six person occupancy - 850 square feet.

   6.   For the purpose of determining "minimum habitable floor area" for this Part the definition found in § 27-202 shall apply, however, any room, (except a kitchen area), which has a floor area of less than 90 square feet and/or any room, (except kitchen area), which has less than 9 feet in any horizontal dimension shall be excluded from the calculation of habitable floor area.

(Ord. 462, 8/14/1995, §1102)

   1.   Cluster Development Provisions. Single-family detached dwellings may be "clustered" in accordance with the following:

      A.   Lot area - lot areas may be varied using either of the foUowing alternatives:

         (1)   The required minimum lot area may be reduced by as much as 20%, provided an equal amount of land is retained as open space. Arrangements for the ownership and maintenance of the open space shaU be in accordance with the provisions of the Borough ordinances governing PRDs.

         (2)   The required minimum lot area for certain individual lots may be reduced by as much as 20%, provided that the average lot size for the total development meets the minimum lot size requirements.

      B.   Minimum lot width - the required minimum lot width may be reduced by as much as 20%.

      C.   Minimum rear yard setback - the required minimum rear yard setback may be reduced by as much as 20%.

      D.   Maximum lot coverage - the maximum permitted lot coverage may be increased by as much as 15 %.

      E.   Additional parking - parking spaces in addition to those required under § 27-502(1) of this Chapter may be required in order to accommodate guests and visitors, said determination to be made solely by the Borough Council and its discretion.

   2.   All other requirements that would ordinarily apply shall remain the same.

(Ord. 462, 8/14/1995, §1103)

   1.   Minimum lot area for group dwellings shaU be 8,750 square feet for up to five residents, plus 1,000 square feet for each additional resident the dwelhng is designed to accommodate.

   2.   The maximum number of residents of any group dwelling shall be limited to one resident for each 200 square feet of habitable floor area.

   3.   No occupant shall be permitted to reside on any floor of a group dwelling on which both toilet and bathing facilities are not provided.

   4.   Off-street parking shall be provided as follows: one space for each resident the facility is designed to accommodate.

(Ord. 462, 8/14/1995, §1104)

Applications for the construction of mid-rise apartments shall be reviewed in accordance with, but not limited to, the following standards and criteria:

      A.   Maximum Height. The maximum permitted height of a multi-family building may be increased by 1 foot for each additional foot by which side, front and rear yards each will exceed the minimum required yard dimensions set forth in § 27-501 of this Chapter. Provided, however, no building shall be permitted to exceed a total of 65 feet in height.

      B.   Fire Safety. The developer must receive a certification from the Marysville Borough Fire Company of the ability of the fire company to provide adequate fire protection and fire fighting services to a building of the height equivalent to that which is being proposed.

      C.   Compatibility. The purpose and building height will be reviewed as to its relationship to and effect upon surrounding land uses and existing environmental conditions regarding the pollution of air, land and water; noise; potential of hazards and congestion; elimination of glare; restrictions to natural light and circulation of air.

      D.   Purpose. The intended purpose of the proposed use as it relates to the Borough’s development objectives established in the Marysville Borough Comprehensive Plan.

      E.   Suitability. The nature of the activity and population served, adequacy of space and special requirements, and the potential generation of congestion will be reviewed as related to the proposed location of the potential use.

      F.   Accessibility. Ingress and egress to the side of the proposed use, circulation and movement of pedestrian and vehicular traffic, parking requirements and accessibility to the existing and proposed Borough highway system will be reviewed.

      F.   Serviceability. Reviews shall be made as to the adequacy and availability of utility services and facilities such as sanitary and storm sewers, water, trash and garbage collection, disposal and the ability of the Borough to supply such services.

      G.   Applicability. The proposed use will be reviewed as its application to and coordination with the planning policies of the Borough and its comprehensive plan and plans for land use, highway, schools, parks, sewers, water distribution and population growth.

(Ord. 462, 8/14/1995, §1105)

(Ord. 462, 8/14/1995, §1106; as amended by Ord. 551, 4/12/2004; and by Ord. 553, 5/10/2004, §1)

   1.   Definitions. Except where the context clearly indicates a different meaning, the following words, terms and phrases shall have the following meanings when used in this Part:

      APPLICANT - any salvage yard operator making application for the issuance of a hcense pursuant to this Part.

      CLASSIC MOTOR VEHICLE - a self-propelled vehicle, but not a reproduction thereof, manufactured more than 10 years prior to the current year and, because of discontinued production and hmited availability, determined by the Pennsylvania Department of Transportation to be a model or make of significant value to coUectors or exhibitors and which has been maintained in or restored to a condition which is substantiaUy in conformity with manufacturer specifications and appearance, and is designated a "classic motor vehicle" on its registration record.

      COUNCIL - the Marysville Borough Council.

      ESTABLISH - to erect, construct, build or anyway bring into being.

      LICENSE - the hcense to be issued, upon proper application therefore, by the council for the establishment, operation or maintenance of a salvage yard.

      PERSON - an individual, association, co-partner or corporation. [Ord. 553]

      PROCESSOR - one who operates a scrap metal processing facility.

      SALVAGE MOTOR VEHICLES - wrecked, scrapped, ruined, dismantled, or junked motor vehicles, trailers or semi-trailers, which are substantially intact except for the removal of salvaged parts whether or not mechanically inoperable and whether or not repair is economically feasible. [Ord. 553]

      SCRAP - manufactured articles or parts rejected or discarded and useful only as material for reprocessing, reclamation or reuse.

      SCRAP METAL PROCESSING FACILITY - an establishment having facihties for processing iron, steel or nonferrous scrap iron, steel or nonferrous scrap for sale, and which gross income derived from the sale of usable automobile part is less than 10% of its total gross income.

      VISIBLE - capable of being seen by a person of normal visual acuity traversing the nearest adjacent street or any adjacent property. [Ord. 553]

   2.   Compliance. From and after the effective date of this Chapter, it shall be unlawful for any person to estabhsh, operate or maintain a salvage yard except in comphance with the provisions of this § 27-1108 and only in zones where junk yards or salvage yards are an allowed use.

   3.   Licensing.

      A.   Before establishing, operating or maintaining a salvage yard, every salvage yard operation shall first obtain a hcense to be issued by the Council in the manner hereinafter provided.

      B.   Every operator of a salvage yard which is established, operated or maintained within the Borough as of the effective date of the Chapter shall make apphcation for the issuance of a hcense as in herein provided within 60 days after the Council mails a copy of this Part and the necessary application form to such salvage yard operator, and shall thereafter be subject to the provisions of this Chapter, except as otherwise herein provided.

      C.   The applicant shall make written application to the Council, on a form prescribed, prepared and supplied by the Council, which application shall contain the following information:

         (1)   The name and address of the apphcant.

         (2)   Except where the apphcant is a corporation, the name and address of all persons financially interested in the salvage yard.

         (3)   If the apphcation is a corporation, the names and addresses of all officers of the applicant, and the names and addresses of all shareholders who each hold more than 20% of the outstanding common stock of the applicant.

         (4)   An accurate description of the salvage yard premises, which description must contain:

            (a)   A general statement of the location of the premises.

            (b)   A statement of the acreage of the premises.

            (c)   A plot plan or survey of the premises prepared by a licensed surveyor or engineer.

         (5)   The names and addresses of the record owner or owners of the real estate on which is situate the salvage yard premises.

         (6)   If an application for the issuance of a hcense is disapproved, the hcense fee tendered with such apphcation shall be promptly refunded to the apphcant. If the Board does not act on the application for the issuance of a hcense within 60 days, after the filing thereof, such failure to act shall be deemed an approval of the apphcation; and thereafter a hcense shall be promptly issued to the apphcant. The date filed shaU be the date that a complete apphcation, with the proper hcense fee, is received in the Borough offices.

      D.   An application for the issuance of a license shall be approved and a license shall be issued by the Council if the applicant is not in violation of the provisions of this Chapter. The disapproval of an application shall not bar or prohibit the making at anytime of a subsequent application for the issuance of a license, provided that such application shall be accompanied by a statement setting forth the manner of the correction of the reason or reasons for which said prior application was disapproved, in which case, if such subsequent application then demonstrates compliance with the provisions of this Chapter, the Council shall approve the application and issue a license thereon.

      E.   A license shall be issued and apply to only the salvage yard for which application was made; no license shall authorize the establishment, operation or maintenance of any salvage yard except as set forth in that license.

      F.   The license issued by the Council shall be in such form as the Council may determine, and shall at all times be conspicuously displayed upon the salvage yard premises.

      G.   A license shall not be transferable or transferred between salvage yard premises. A license shall not be transferable or transferred between persons without prior written notice thereof given to the council.

      H.   All licenses shall be effective for and during 12 consecutive months, and shall expire at the end of the 31st day of each December. The renewal of license is to be made by application in accordance with the provisions of this Part.

   4.   Annual License Fee. The annual fee shall be as determined by resolution of Council from time to time. Where application is made on or after April 1, the license fee shall be 3/4 of the applicable fee; where application is made on or after July 1, the license fee shall be Vi of the applicable annual fee; where application is made on or after October 1, the license fee shall be VA of the applicable annual fee. If an operator of a salvage yard existing within the Borough as of the effective date of this Chapter makes application for the issuance of a license within 60 days after the Council mails a copy of this Part and the necessary application form to such salvage yard operator, the license fee for the remainder of the 12 consecutive month period shall be a pro rata proportion of the applicable annual fee based on the number of whole months remaining in such 12 consecutive month period.

   5.   Regulations. Except as otherwise provided in subsection (6) hereof, from and after the effective date of this Chapter, every salvage yard shall be established, operated or maintained in accordance with the following regulations:

      A.   No salvage shall be stored or accumulated, nor shall any building or other structure be erected, within 10 feet of any public highway, street, road right-of-way or any other right-of-way upon which the salvage yard abuts.

      B.   Whenever a salvage yard is visible from an adjoining public highway, street, road or right-of-way, or from an adjoining property on which is erected a residential dwelling or dwellings, such property lines of said salvage yard which abut: upon said public highway, street, road or right-of-way, or residential dwelling or dwellings, shall be screened by natural objects, plantings, fences or other appropriate means so as to render the salvage yard not visible therefrom.

   6.   Exceptions. Nothing contained in § 27-1108(5)(A)(2) of this Part shall apply to salvage yards existing as of the effective date of this Chapter. Nothing contained in § 27-1108(5)(A)(2) of this Part shall apply to buildings or other structures on salvage yard premises which buildings or other structures are in existence as of the effective date of this Chapter. Further, those provisions contained within § 27-1108(5)(A)(2) of this Part hereof which are applicable to any salvage yard existing as of the effective date of this Chapter shall not be enforceable or enforced against such salvage yard during the 24 month period first following the effective date of his Chapter.

   7.   Salvage Yard Operation. All salvage yards shall be operated and maintained in accordance with the following:

      A.   Salvage shall be stored or accumulated in no more than two adjoining rows, each row not exceeding 15 feet in height; between such rows of stored or accumulated salvage, there shall be allowed at least a 10 feet access road or right-of-way which shall be maintained free and clear of all salvage so as to permit the prompt and unhindered access to all areas of the salvage yard in the event of an emergency, all such rows of stored or accumulated salvage shall be segregated from buildings or other structures, and equipment, by an open space of at least 15 feet which shall be maintained free and clear of all salvage so as to permit the prompt and unhindered access to all areas in the event of an emergency.

      B.   No garbage or organic waste shall be stored or accumulated on the salvage yard premises.

      C.   All gasoline shall be drained from motor vehicles and other self-propelled vehicles within 48 hours after arrival at the salvage yard premises. No more than an aggregate of 50 gallons of gasoline may be stored above ground level, and such storage shall be in containers of a kind and type approved by the Council. No gasoline shall be stored closer than 50 feet from any property line of the salvage yard.

      D.   Open burning upon the salvage yard premises shall be prohibited.

      E.   No salvage shall be stored or accumulated within 25 feet of any river, stream, run, creek, irrigation ditch or any other natural water course, and shall comply with all Borough floodplain regulations and ordinances.

      F.   Salvage yard premises shall be maintained at all times so as not to constitute a public or private nuisance to the community of the Borough, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies or other vermin.

      G.   No salvage shall be stored or accumulated within 25 feet of an adjoining property line.

      H.   All applicable State and Federal laws and regulations shall be adhered to and in case of a conflict between such laws and regulations and this Chapter the more restrictive provision shall apply.

   8.   Inspection. Any member of the Council, or a duly authorized agent of the Council, may at any time enter upon and inspect any premises upon which a salvage yard is established, maintained or operated, and the salvage yard operator shall admit such Council member or agent or agents thereof.

   9.   Enforcement. The Council, or any aggrieved person, may take appropriate action, criminal or civil, at law or in equity, to enforce the provisions of this Part. Nothing in this Chapter shall be deemed or construed to restrict, exclude, limit, modify or otherwise affect any available remedies now or hereafter provided by law.

   10.   Revocation of License. Upon a prior hearing held by the Council with the right of the presence and assistance of legal counsel and the right to present evidence allowed to the salvage yard operator, the Council may, in its discretion, revoke the license of any salvage yard operator who shall be found by the Council to have committed three or more violations of the provisions of this Chapter within 1 calendar year; the Council shall promptly give written notice of such revocation to the concerned salvage yard operator. However, the revocation of a license shall not bar or prohibit the making at any time of subsequent application for the issuance of a license, provided that such subsequent application shall be accompanied by a statement setting forth the manner of the correction of the prior violations of the provisions of this Chapter. If such application then demonstrates compliance with the provisions hereof, the Council shall approve the application and issue a license thereon.

   11.   Temporary Permits.

      A.   No unregistered or unlicensed motor vehicle shall be permitted on private property in the Borough for a period in excess of 30 days unless it is enclosed in a permanent structure, as set forth in § 27-802 of this Chapter, so as to prevent it from public view, in which case, no more than two such vehicles may be kept on any lot or parcel of ground, unless a permit has been granted as hereinafter provided. [Ord. 553]

      B.   Any person desiring to keep a motor vehicle on private property in the Borough in excess of 30 days shall apply, in writing, to the Zoning Officer for a permit to do so. Such application shall set forth the location, description and ownership of the land on which such motor vehicle or vehicles and shall be signed by the person or person in whose name the motor vehicle is titled. The application shall be accompanied by an application fee in an amount to be established, from time to time, by resolution of Borough Council. [Ord. 553]

      C.   Upon receipt of the application, the Zoning Officer may issue a permit to allow the keeping of the motor vehicle on private property for no longer than 60 days.

      D.   A permit may be renewed for an additional 90 days if the owner makes application for renewal prior to the expiration of a permit issued and pays a renewal fee in an amount to be established, from time to time, by resolution of Borough Council. [Ord. 553]

      E.   Borough Council may, after a public hearing, as a conditional use, issue a temporary permit for up to 2 years upon a showing of undue hardship. The application for such a permit shall be accompanied by an application fee in an amount to be established, from time to time, by resolution of Borough Council. [Ord. 553]

(Ord. 462, 8/14/1995, §1107; as amended by Ord. 485, 6/8/1998, §2; and by Ord. 553, 5/10/2004, §1)

   1.   All outdoor storage of vehicles, equipment, or materials and supplies shall be completely enclosed by a fence or wall at least 6 feet in height.

   2.   The minimum side yard setback shall be 15 feet.

   3.   A landscape planting in accordance with § 27-401(8)(K) of this Chapter shall be provided when the property abuts any residential district boundary.

   4.   No structures, vehicles, equipment, or materials and supplies shall be located or stored in any required yard area.

   5.   All loading and unloading shall be conducted entirely within the site enclosure.

   6.   Where the sale of any material or product is to take place on premises, adequate off-street customer parking shall be provided. Parking shall not be permitted in any required yard area.

(Ord. 462, 8/14/1995, §1108)

   1.   Minimum side yard setback shall be 15 feet.

   2.   When any equipment or facility is not within a building it shall be enclosed with fencing deemed appropriate by Borough council.

   3.   When a fence is required to enclose any equipment or facihty, it shall be surrounded by a landscape planting in accordance with § 27-401(8)(K) of this Chapter.

   4.   When equipment or other facilities are totally enclosed within a building, no fence or landscape planting shall be required.

   5.   The external design of any building shall be compatible with the other buildings of the district.

   6.   Where employment takes place on the site, one off-street parking space shall be provided per employee, for the shift with the greatest number of employees, plus additional spaces, as determined by Borough Council, for visitor or customer parking.

   7.   All accessways and driveways shall be paved.

(Ord. 462, 8/14/1995, §1109)

   1.   All loading facilities shaU be located and designed so as not to interfere with pedestrian or vehicular traffic.

   2.   No trucks, parts thereof, car other equipment shall be parked or stored in required yard areas.

   3.   Truck terminals shall not be less than 200 feet from any school, church, hospital, or other pubhc building.

(Ord. 462, 8/14/1995, §1110)

   1.   No goods shall be stored or displayed outside of any building.

   2.   Off-street parking shall be provided of at least one space for every two employees on the largest shift, plus additional spaces for customer parking, as determined by Borough Council.

   3.    External building design shall be compatible with other buildings in the district with consideration to existing neighborhood characteristics.

(Ord. 462, 8/14/1995, §1111)

   1.   Minimum side yard setback shall be 15 feet.

   2.   All service and access driveways shall be paved and be at least 15 feet wide, but not more than 30 feet.

   3.   Off-street parking shall be provided of at least one space per 500 square feet of floor area.

   4.   A landscape planting shall be provided in accordance with § 27-401(8)(K) of this Chapter.

(Ord. 462, 8/14/1995,§1112)

Personal wireless service facilities may be installed, erected and maintained when allowed as a Conditional Use as hereinafter set forth:

      A.    Purpose. In recognition of the quasi-public nature of personal wireless service facilities, the purpose of this Section is as follows:

         (1)   To accommodate the need for personal wireless service antennas while regulating their location and number in the Borough.

         (2)   To minimize adverse visual impact and effects of personal wireless service antennas and antenna support structures through proper design, siting and vegetative screening.

         (3)   To avoid potential damage to adjacent properties from antenna support structure failure and falling ice or debris, through engineering and proper siting of antenna support structures.

         (4)   To encourage the joint use of any new and existing antenna support structures to reduce the number of such structures needed in the future.

         (5)   To ensure that the location and number of personal wireless facilities are in the best interest of the health, safety, welfare and morals of the residents of the Borough.

         (6)   To minimize any adverse effects of location and design of personal wireless facilities on residential property values.

      B.   Definitions. The foUowing words and phrases when used in this Section shah have the meaning given to them in them in this subsection, unless the context clearly indicates otherwise:

         ANTENNA - any structure or device used to coUect or radiate electromagnetic waves, including both directional antennas (such as panels) and omnidirectional antennas (such as wips) but not including satellite earth stations.

         ALTERNATIVE TOWER STRUCTURE - manmade trees, clock towers, taU steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas on towers.

         ANTENNA HEIGHT - the vertical distance measured from the base of the antenna support structure at existing grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shaU be used in calculating the antenna height.

         ANTENNA SUPPORT STRUCTURE - any pole, telescoping mast, tower, tripod or any other structure which supports a device used in the transmitting or receiving or radio frequency energy.

         BOROUGH COUNCIL - the Borough CouncU of the Borough of Marysville, Perry County, Pennsylvania.

         COMMERCIAL MOBILE SERVICE - any mobUe service (as defined in §153 of the Federal Communications Act of 1934, as amended) that is provided for profit and makes interconnected services avaUable to public or to such classes of ehgible users as to be effectively avaUable to a substantial portion of the pubhc. It includes, but is not hmited to, personal communications services (PCS), ceUular radiotelephone service and paging.

         COMMON CARRIER - any person engaged as a common carrier for hire, in interstate or foreign communications by wire or radio, or in interstate or foreign radio transmission of energy, but a person engaged in radio broadcasting shaU not, insofar as such person is so engaged, be deemed a common carrier.

         EQUIPMENT BUILDING - a structure enclosed within exterior waUs, buUt, erected and framed of component, structural parts designed and used for the housing, shelter, enclosure or support of equipment necessary for the functioning of the wireless service facility and which may not exceed 250 square feet.

         EXCHANGE ACCESS - that offering of access to telephone exchange services or facilities for the purpose of the originator or terminator of telephone toll services.

         MONOPOLE - an antenna support structure consisting of a single pole or spire constructed without guy wires or ground anchor.

         PERSONAL WIRELESS SERVICE - includes commercial mobile services, unhcenced wireless services and common carrier wireless exchange access services.

         PERSONAL WIRELESS SERVICE FACILITIES - facilities for the provision of personal wireless services.

         PERSONAL WIRELESS SERVICES SITE - a tract or parcel of land that contains a personal wireless service antenna as the principal use, its support structure, accessory building(s), parking and may include other uses and equipment associated with an ancillary to telecommunications signal transmission or processing.

         PUBLIC UTILITY TRANSMISSION TOWER - a structure, owned and operated by a public utility electric company regulated by the Public Utility Commission, designed and used to support overhead electric transmission lines.

         UNLICENCED WIRELESS SERVICE - the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct exchange satellite services.

      C.   A personal wireless service facility with antenna, whether or not attached to a pre-existing personal wireless facility, smoke stack, water tower or any other tall structure, is permitted as a conditional use in the C-2 District. The Borough Council may grant a conditional use after review of the Planning Commission and a public hearing before the Borough Council. The applicant must provide and establish the following criteria:

         (1)   That there is not suitable space on existing personal wireless service facilities or other personal wireless service facility site or on other sufficient tall structures where the intended personal wireless service facility can be accommodated and functions as required by its construction permit or license without unreasonable modification.

         (2)   Presenting technical evidence that the personal wireless facility must be located at the proposed site in order to satisfy its function in the grid system and the providing of the quality of service required by law.

         (3)   A full site plan which shall include:

            (a)   Written authorization from the property owner of the proposed tower site.

            (b)   A site plan:

               1)   Drawn to a scale of not smaUer than 100 feet to 1 inch.

               2)   Showing the property boundaries.

               3)   Showing any tower guy wire anchors and other apparatus.

               4)   Existing and proposed structures.

               5)   Scaled elevation view of proposed structures.

               6)   Access road(s), rights-of-way location and design standards as set forth in the Marysville Borough Subdivision and Land Development Ordinance [Chapter 22].

               7)   Parking area.

               8)   Fences in accordance with the requirements of this Section.

               9)   Location and content of (any or warning) signs.

               10)   Exterior lighting specifications.

               11)   Landscaping plan in accordance with this Section.

               12)   Land elevation contours at vertical intervals as required by Borough Council.

               13)   Existing land uses surrounding the site.

               14)   Equipment building and/or other accessory uses with detail including:

                  a)   Elevations.

                  b)   Proposed use.

            (c)   A written report including:

               a)   Information describing the tower height and design.

               b)   A cross-section of the structure.

               c)   Engineering specifications detailing construction of tower, base and guy wire anchorage.

               d)   Information describing the proposed painting and lighting schemes.

               e)   Information describing the towers's capacity, including the number and type of antennas that it can accommodate.

               f)   Radio frequency coverage.

               g)   All tower structures and building information to be certified by a licensed professional engineer.

               h)   Inventory of existing antenna support structures within a 2 mile radius of the proposed site and information discussing unavailability of such sites for one or more of the following reasons:

                  i)   Refusal by current tower owner.

                  ii)   Topographic limitations.

                  iii)   Adjacent impediments blocking transmission.

                  iv)   Site limitations to tower construction.

                  v)   Technical limitations of the system.

                  vi)   Equipment exceeds structure

                  vii)   No space on existing facility or tower.

                  viii)   Other limiting factors rendering existing facilities or towers unusable.

                  ix)   An update of capacity on an existing tower.

            (d)   Written certification by the applicant that written notification has been given and received by all property owners adjoining the site where the proposed antenna facility and/or tower is proposed to be located.

            (e)   Written confirmation that the electromagnetic fields and radio frequency interferences comply with Federal Communication Commission regulations concerning such omissions, as well as an estimated Non-ionizing Electromagnetic Radiation (NIER) level from the proposed antennas, when added to existing levels, that does not exceed applicable Federal standards.

            (f)   A "zone of visibility map" provided to determine locations where the tower, antenna or facility may be seen as well as "before and after" pictorial representations setting forth views from key viewpoints within the Borough.

         (4)   Liability insurance in such amounts and limits as may be determined by Borough Council.

            If the applicant proposes to build an antenna support structure (as opposed to mounting the antenna on an existing structure, it is required to demonstrate that it contacted the owners of tall structures within a 1 mile radius of the site proposed. "Tall structures" include smokestacks, water towers, tall buildings, antenna support structures of other personal wireless service companies, other communications towers (fire, police, etc.) and other tall structures. The Borough Council may deny any application to construct a new antenna support structure if the applicant has not made a good faith effort to mount the antenna on an existing structure. A good faith effort shall require that all owners of potentially suitable structures within the radius hereinabove set forth of the proposed antenna support structure be contacted and that one or more of the following reasons for not selecting such structure apply:

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

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

         (3)   Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its function.

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

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

      E.   All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the personal wireless service facilities site unless otherwise permitted in the C-2 District in which the personal wireless service facilities site is located.

      F.   Standards of Approval of All Personal Wireless Service Facilities.

         (1)   Antenna Height. In no case shall an antenna support structure and antenna together extend beyond 100 feet in height. [Ord. 508A]

         (2)   Setback from Base of Antenna Support Structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure or any guy wire anchors and any property line right-of-way line shall be the largest of the following:

            (a)   Thirty percent of antenna height.

            (b)   Forty feet.

Except as hereinafter provided, in all cases, monopole antenna support structure shall be preferred. The Borough Council may grant use of guy wire, free standing or any other type of antenna support structure after review by the Planning Commission and a public hearing before the Borough Council. The applicant must establish the following for approval:

            (a)   Cost of erecting a monopole would preclude the provision of adequate service to the public or erection of a safe antenna support structure.

            (b)   The proposed antenna structure would have the least practical adverse visual impact on the environment and closely resembles a monopole.

         (3)   Antenna Support Structure Safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris. The applicant shall also demonstrate compliance with guidelines recommended by the American National Standard Institute (ANSI) (ANSI/IEEEC95-1-1992) as amended, with respect to radio frequency emissions.

         (4)   Fencing. A fence shall be required around the antenna support structure, accessory building(s) and other equipment unless the antenna is mounted on an existing structure. The fence shall be a minimum of 6 feet in heigh and a maximum of 8 feet in height, shall completely enclose the antenna, support structure and related facilities, shall not contain openings greater than 9 square inches and shall contain, at all entrances, gates which shall be locked except during such times as the site is manned by authorized operations or maintenance personnel.

         (5)   Equipment Building. One equipment building only shall be permitted. Said equipment building shall not exceed 250 square feet.

         (6)   Accessory Use. An antenna support structure shall not be considered an accessory use and may not be established on a parcel of ground with any other use without first complying with the requirements of the Borough Subdivision and Land Development Ordinance [Chapter 22].

         (7)   Landscaping. The following landscaping shall be required to screen as much of the antenna support structure as possible, the fence surrounding the support structure and any other ground level features (such as a building) and in general soften the appearance of the personal wireless service facility site. The Borough Council may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure and other equipment is housed inside an existing structure, landscaping shall not be required.

            (a)   An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted 3 feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum heigh of 6 feet at planting and shall grow to a minimum of 15 feet at maturity.

            (b)   In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

         (8)   License Required. The apphcant company must demonstrate that the user of the structure is licensed or shall be licensed by the Federal Communications Commission.

         (9)   Required Parking. If the personal wireless service site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shaU equal the number of people onsite at the largest shift.

         (10)   Visual Impact. Antenna support structures shall be painted in a color that best allows it to blend into the surroundings unless otherwise required by the Federal Aviation Administration (FAA) regulation. The use of grays, blues and greens may be appropriate; however, each case should be evaluated individually. No antenna support structure may be artificiaUy lighted except when required by the FAA.

         (11)   Minimum Visual Impact Requirements. Personal wireless service facilities shall result in a minimal visual impact for those residents in the immediate area and for those in the larger community who view these facihties from a distance. Minimal visual impact shall include the foUowing:

            (a)   For facihties located in highly developed portions of the Borough, buUdings may be used to accomplish the screening noted above.

            (b)   It is acknowledged that large, multi-use towers located within major use transmission areas cannot be effectively screened. In order to minimize the visual impact, such new facihties should be located in close proximity to other comparable structures. Accompanying buildings, ground-mounted antennas and other equipment and structures should be subject to screening recommendations.

            (c)   FAA requirements for coloring and lighting of towers supersedes Borough requirements for visual minimum impact.

            (d)   If an antenna is instaUed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

         (12)   Signs. No portion of any antenna or antenna support structure shall be used for a sign or other advertising purpose including, but not limited to, company name and telephone number and no banners, streamers or any other objects or items not essential to the function or support of the antenna or antenna support structure shall be attached to or displaced from same.

         (13)   Bonding. The Borough Council, at its sole discretion, may require the applicant or owner to establish, as a condition of approval of any application, a maintenance and/or performance bond in an amount sufficient to cover the installation, maintenance and/or construction of the antenna, antenna support structures and accessory structures of buildings during its/their lifetime and in an amount sufficient to remove the antenna support structure if said structure is no longer in use for its original communication purpose. The amount required shall be determined at the sole discretion of Borough Council based upon the unique characteristics of the antenna, support structure and accessory structures or buildings.

         (14)   As-Built Plans. Within 60 days of completion of the initial construction and any additional construction, applicant shall furnish two complete sets of plans, drawn to scale and certified to the Borough as accurately depicting the location of personal wireless service facility constructed pursuant to the building permit.

         (15)   Inspection. Beginning in December of the 10th year after the construction of any antenna support structure and by December of each even numbered year thereafter, and at any time a new carrier antenna is added, the antenna support structure shall be inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of antenna support structures. At a minimum, this inspection shall be conducted in accordance wit the Tower Inspection Class Checklist provided in the Electronics Industries Association (EIA) Standard 222 “Structural Standards for Steel Antenna Towers and Antenna Support Structures.” A copy of said inspection report shall be provided to the Borough. At the time said report is provided to the Borough, applicant shall pay a fee in an amount to be established, from time to time, by resolution of Borough Council or such other amount as the Borough Council shall, from time to time, set forth in a resolution. [Ord. 553]

         (16)   Removal. Any antenna support structure that is no longer is use for its original communication purpose shall be removed at the owner’s expense. The owner shall provide the Borough with a copy of the notice to the FCC of intent to cease operations and shall be given 12 months from the date of ceasing operations to remove the obsolete antenna structure and accessory structure. In the case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operations.

(Ord. 462, 8/14/1994; as added by Ord. 503, 9/13/1999, §2; as amended by Ord. 507B, 8/14/2000; by Ord. 508A, 8/14/2000; and by Ord. 553, 5/10/2004, §1)

Open space residential development in the Conservation Zoning District shall meet the following standards:

      A.   Applicability. An open space residential development is restricted to residential subdivisions which involve 20 or more acres.

      B.   Open Space Areas Defined.

         (1)   Environmentally sensitive areas such as wetlands, steep slopes of 20% or over, streams, lakes, ponds.

         (2)   Open space areas shall consist of mature woodlands, upland buffers around wetlands and water bodies, prime farmland, natural meadows, critical wildlife habitats, scenic views, site listed on the Pennsylvania Natural Diversity Inventory, historic sites, rock outcroppings, culturally or archeologically significant sites.

      C.   Minimum open space provided shall be 60% of the total tract area.

      D.   Lots created within the open space development shall meet the following requirements:

         (1)   Minimum lot area requirements:

            (a)   13,000 square feet where public water and sewer are provided.

            (b)   21,780 square feet where public water and on-lot septic are provided or on-lot well and public sewer are provided.

            (c)   43,560 square feet where private on lot septic and private well are provided.

         (2)   Minimum lot width requirements on a public street:

            (a)   80 feet with public sewer and water.

            (b)   100 feet with on-lot septic and public water or public sewer and on- lot well.

            (c)   150 feet with on-lot septic and on-lot well.

         (3)   The minimum yard regulations shall be:

            (a)   Public water and public sewer:

               1)   Front yard:   15 feet.

               2)   Side yard:   5 feet minimum; 12 feet total.

               3)   Rear yard:   25 feet.

            (b)   Public water and on-lot septic or on-lot well and public sewer:

               1)   Front yard:   25 feet.

               2)   Side yard:   7 feet minimum; 16 feet total.

               3)   Rear yard:   30 feet.

            (c)   On-lot well and on-lot septic:

               1)   Front yard:   35 feet.

               2)   Side yard:   8 feet minimum; 20 feet total.

               3)   Rear yard:   35 feet.

         (4)   Height regulations:

            (a)   Principal building:   35 feet.

            b)   Accessory building:   20 feet.

         (5)   Coverage regulations:

            (a)   Single family: Impervious surfaces shall not exceed 25%.

      E.   Streets. Streets shall meet the following standards:

         (1)   A street shall not be located within 50 feet of a wetland or floodplain.

         (2)   Lots shall front on a collector street or minor street within the development.

         (3)   Street right of way and roadway widths shall meet the following requirements:

            (a)   Arterial - as determined after consultation with the Borough Council and PennDOT.

            (b)   Collector -   50 feet right of way   28 feet roadway width.

            (c)   Minor -   50 feet right of way   28 feet roadway width.

         (4)   Streets shall follow contours to minimize grading.

         (5)   Streets shall be in accordance with Chapter 22, Part 5, §22-502, Subdivision and Land Development Ordinance.

      F.   Design Standards.

         (1)   Fifty percent of trees, shrubs or groundcover removed shall be replaced with native species. Invasive species as defined by the Pennsylvania Department of Conservation and Natural Resources shall be prohibited.

         (2)   Utilities shall be underground.

         (3)   Eight percent of the required open space shall remain in its natural state.

         (4)   Minimum open space area shall be 1 acre.

         (5)   Minimum open space width shall be 100 feet.

         (6)   Further subdivision of required open space shall be prohibited.

         (7)   All open space shall be accessible from a public street or public pedestrian walkway.

         (8)   The minimum width for a public pedestrian walkway to access open space shall be 10 feet.

         (9)   Required open space shall not include streets, private yards, minimum required spacing between buildings, off-street parking.

         (10)   Open space intended for recreational or public use shall be easily accessible to pedestrians and conform to all State and Federal regulations for handicapped accessibility.

         (11)   Open space may include underground utility transmission lines, pipelines, or drainage easements.

         (12)   Open space shall directly abut 50% of the lots within the development to provide direct views and safe and convenient pedestrian access to the open space from all lots not adjoining such areas.

      G.   Methods of Ownership and Maintenance. Open space within the open space residential development shall be owned, administered and maintained by any of the following methods, either individually or in combination:

         (1)   Homeowners Association. Land to remain in open space may be conveyed to a community association to be owned by the owners of the lots within the development. Ownership thereof shall pass with conveyance of the lots in perpetuity. A homeowners association shall be established for the purposes of permanently maintaining all residual, commonly owned open space or recreational facilities. The association shall be formed and operated to include, as a minimum, the following provisions:

            (a)   The association shall be formed by the developer and operated with financial subsidization by the developer before the sale of any lots within the development.

            (b)   The developer shall provide a written description of the association including its bylaws and methods for maintaining the open space.

            (c)   To ensure that the cost of maintaining the open space is shared equally by all property owners, membership in the association shall be mandatory for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be described in the bylaws.

            (d)   The association shall be responsible for maintaining open space and providing insurance coverage, enforceable by liens placed by the association. Maintenance obligations may also be enforced by the Borough which may place liens to recover its costs.

            (e)   Members of the association shall equitably share the costs of maintaining and developing the open space. Shares shall be defined within the association bylaws. Association dues shall be structured to provide for both annual operating costs and to cover projected long-range costs relating to the repair of any capital facilities within the open space area (which shall be deposited in a fund reserved for such purposes).

            (f)   In the event of a proposed transfer of open space area by a homeowners association or the assumption of maintenance of such land by the Borough, notice of such action shall be given to all property owners within the development.

            (g)   Associations shall retain or contract adequate personnel to administer common facilities and properly and continually maintain the open space area.

            (h)   Associations may lease open space to any other qualified person or corporation for operation and maintenance of such areas, but such a lease agreement shall, at a minimum provide:

               1)   That the residents of the development shall at all times have access to the open space area contained therein.

               2)   That the open space areas to be leased shall be maintained for the purposes and uses set forth in this Part; and upon request, copies of such leases shall be provided to the Borough.

               3)   That the operation of open space facilities may be for the benefit of the residents only, or may be open to the residents of the Borough, at the election of the developer and/or the association.

         (2)   Condominiums. In order to facilitate public matters, such as the collection of taxes on open space areas and associated facilities, such land and facilities may be controlled through the use of condominium agreements, approved by Borough Council. Such agreement shall be in conformance with the Uniform Condominium Act of 1980. All open space areas shall be held as “common element.” Condominium associations shall be subject to subsection (1).

         (3)   Conveyance to Private, Public or Nonprofit Conservation Organizations or Preservation Trust. Land to remain in open space may be conveyed to a private, public or nonprofit conservation organization or preservation trust with the following provisions:

            (a)   The organization receiving such land shall be acceptable to the Borough Council and shall be a bona fide conservation organization with perpetual existence.

            (b)   Ownership of the open space shall pass with conveyance of the lots in perpetuity.

            (c)   The Borough shall have the first and last offer of conveyance of open space.

         (4)   Transfer of Easements to a Private Conservation Organization. With the permission of the Borough Council, an owner may transfer easements to a private, public or nonprofit organization recognized by the Borough, among whose purposes it is to conserve open space and/or natural resources, provided that:

            (a)   The organization is acceptable to the Borough Council and is a bona fide conservation organization with perpetual existence.

            (b)   The conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.

            (c)   A maintenance agreement acceptable to Borough Council is entered into by the developer and the organization.

         (5)   Dedication of Easements. The Borough may, but shall not be required to, accept easements for public use of any portion or portions of open space, title of which is to remain in ownership by condominium or homeowners association, provided that:

            (a)   Such land is accessible to Borough residents.

            (b)   There is no cost of acquisition other than any costs incidental to the transfer of ownership, such as title insurance.

            (c)   A satisfactory maintenance agreement is reached between the developer, condominium or homeowners association and the Borough.

         (6)   Offer of Dedication. The Borough may accept dedication in the form of fee-simple ownership. The Borough may, but shall not be required to, accept open space areas, provided that:

            (a)   Such land is accessible to the residents of the Borough.

            (b)   There is no cost of acquisition other than any costs incidental to the transfer of ownership such as title insurance.

            (c)   The Borough agrees to and has access to maintain such lands.

            (d)   Where the Borough accepts dedication of open space that contains improvements, the Borough Council may require the posting of financial security to ensure structural integrity of said improvements as well as the functioning of said improvements for a term not to exceed 18 months from the date of acceptance of dedication. The amount of financial security shall be determined in accordance with Chapter 22, Part 6, §603, Subdivision and Land Development Ordinance.

      H.   Maintenance Standards.

         (1)   A narrative describing ownership, use and maintenance responsibilities shall be submitted for all common and public improvements, utilities, and open space. A maintenance and operations plan shall be submitted detailing the kinds of tasks that will need to be undertaken on a regular basis to control invasive species and to promote a varied habitat for plant and animal life, the various responsibilities for those maintenance tasks and the entities that will perform those tasks, both short and long term.

         (2)   Failure to adequately maintain the open space in reasonable order and condition shall constitute a violation of this Chapter.

         (3)   When an open space violation exists, the Borough shall notify the owner of such violation and shall require the open space to be maintained within 10 days from the date of notification. Failure to comply with the terms of such notification shall constitute a nuisance and, after the expiration of 10 days from the date of notice, the Borough may cause the open space to be maintained and may collect the costs thereof, together with a penalty of 10% of such costs, and file municipal claim therefor.

         (4)   Maintenance Security. The developer shall provide a financial security in the amount established by the Borough to maintain the open space.

         (5)   Density Bonus to Endow Maintenance Funds. The Borough may allow a density bonus of 5% of the total number of lots permitted in the development, not to exceed five lots, to generate additional income to the applicant for the express and sole purpose of endowing a permanent fund to offset continuing open space maintenance costs. In such cases, 75% of the net selling price of each of the bonus lots shall be deposited to said permanent fund. Spending from this fund shall be restricted to interest in order that the principal is preserved.

(Ord. 462, 8/14/1994; as added by Ord. 560, 6/13/2005)

Nurseries or tree farms shall meet the following standards:

      A.   The height, lot area, lot width and setback regulations of the Conservation District shall be met.

      B.   Eighty percent of the total lot area shall remain undisturbed in its natural state. The 80% undisturbed area shall meet the following requirements:

         (1)   Building(s) or impervious coverage shall not be permitted within the 80% undisturbed natural area.

         (2)   The undisturbed natural area shall be defined with metes and bounds as an easement. The easement shall be shown on the site plan or application for a zoning permit.

         (3)   The 80% undisturbed natural area defined as an easement shall remain as part of the lot and shall not be subdivided in the future.

         (4)   The 80% undisturbed natural area shall include environmental features such as wetlands, steep slopes that are 20% or greater, floodplain.

      C.   Impervious coverage shall not exceed 5%.

      D.   A 50-foot buffer yard shall be provided when the use is abutting a residential use or district. The 50-foot buffer yard shall meet the following requirements:

         (1)   Screening shall be provided within the 50-foot buffer yard. The screening shall meet the following requirements:

            (a)   Screening shall consist of native trees as defined by Pennsylvania Department of Conservation and Natural Resources.

            (b)   Trees provided to meet the screening requirement shall be 2- inch caliper measured a minimum of 6 inches above the soil line, 6 feet at time of planting and shall be spaced 20 feet apart at time of planting.

            (c)   Trees shall be properly staked for a period of 1 year from the date of planting.

            (d)   Screening shall consist of two rows of trees. Screening shall consist of a 50/50 mixture of deciduous and evergreen trees.

            (e)   Existing trees that are 2-inch caliper measured a minimum of 6 inches above the soil line and 6 feet in height may be used to meet the screening requirement.

            (f)   The screening within the buffer yard shall be maintained as a natural woodland. Mowing and clearing of the buffer yard shall be prohibited.

            (g)   The required screening trees shall be replaced if they die within 5 years of the time of planting.

      E.   Slopes over 25% shall not be cleared.

(Ord. 462, 8/14/1994; as added by Ord. 560, 6/13/2005)

Primitive campgrounds shall meet the following standards:

      A.   The minimum lot size for a primitive campground shall be no less than 2 acres.

      B.   There shall be no more than 10 tents that sleep four or fewer people per acre, or five tents that sleep five or more persons per acre, and at no time shall the total persons per acre exceed 40.

      C.   No person or group shall camp for more than 40 days in a 6-month period.

      D.   Water used in the operation of a primitive campground shall be provided from a supply approved by the Department of Environmental Protection.

      E.   The water supply shall be adequate in quantity and shall meet the bacteriological and chemical water standards of the Department of Environmental Protection.

      F.   Sewage disposal shall be required which meets the requirements of Chapter 18 of the Code of Ordinances. Composting toilets may be permitted when approved by the Borough.

      G.   Toilet facilities shall be provided in the ratios indicated as follows:

 

 

      H.   Garbage and refuse collection shall be conducted in a sanitary manner and as often as necessary to prevent a nuisance.

      I.   Garbage and refuse containing food wastes shall, prior to disposal, be kept in leakproof, nonabsorbent, rust and corrosion-resistant containers of adequate number, which shall be kept covered with tight-fitting lids, when filled or stored or not in continuous use.

      J.   Other refuse shall be stored in containers, rooms or areas of sufficient number and size in a manner so as to prevent arthropod or rodent problems and other nuisances.

(Ord. 462, 8/14/1994; as added by Ord. 560, 6/13/2005)

Single-family dwellings on existing nonconforming lots of record with specified accessory uses located in the Conservation District shall meet the following standards:

      A.   The height, lot area, lot width and setback regulations of the Conservation District shall be met.

      B.   The lot must abut a public street or have direct access to a public street by means of a publicly recorded, perpetual easement.

      C.   Ninety percent of the total lot area shall remain undisturbed in its natural state. The 90% undisturbed area shall meet the following requirements:

         (1)   Building(s) or impervious coverage shall not be permitted within the 90% undisturbed natural area.

         (2)   The undisturbed natural area shall be defined with metes and bounds as an easement. The easement shall be shown on the site plan or application for a zoning permit.

         (3)   The 90% undisturbed natural area defined as an easement shall remain as part of the lot and shall not be subdivided in the future.

         (4)   The 90% undisturbed natural area shall include environmental features such as wetlands, steep slopes that are 20% or greater, floodplain.

(Ord. 462, 8/14/1994; as added by Ord. 560, 6/13/2005)