Purposes. The regulations on adult uses are intended to serve the following purposes, in addition to the overall objectives of this chapter:

No portion of a building occupied by an adult use shall be located within any of the following distances:

No such use shall be located within 1,000 linear feet of any existing adult use.

A fifty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 380-57, but with plantings of an initial minimum height of six feet.

No pornographic material, displays or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.

No such use shall be used for any purpose that violates any federal, state or municipal law.

See § 380-51A(21), prohibited signs.

The use shall not include the sale or display of obscene materials, as defined by state law, as may be amended by applicable court decisions.

Adult uses shall be prohibited in all districts except where specifically permitted by Article III.

A minimum lot area of 10,000 square feet is required.

For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes but is not limited to booths for viewing adult movies or nude dancers.

No use may include live actual or simulated sex acts nor any sexual contact between entertainers nor between entertainers and customers. This shall specifically prohibit but not be limited to entertainers dancing on the laps of customers.

Only lawful massages, as defined by state court decisions, shall be performed in a massage parlor.

All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except for entertainers within a permitted lawful adult live entertainment use.

Any application for such use shall state the names and home addresses of all individuals intended to have more than a five-percent ownership in such use or in a corporation owning such use and an on-site manager responsible to ensure compliance with this chapter on a daily basis. Such information shall be updated at the beginning of each year in writing to the Zoning Officer.

The use shall not operate between the hours of 12:00 midnight and 7:00 a.m.

As specific conditions of approval under this chapter, the applicant shall prove compliance with the following state laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990 (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.),[1] Act 207 of 1990 (which pertains to obscenity),[2] and Act 120 of 1996 (which pertains to adult-oriented establishments and which limits enclosed viewing booths, among other matters).[3]

The use shall also comply with the Borough's separate Sexually Oriented Business Ordinance.[4]

Shall be fully licensed by the state, if required by the state.

Shall include constant supervision during all hours of operation.

Shall not meet the definition of a "treatment center."

No vehicle, boat or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area. See buffer yard provisions in § 380-57.

See light and glare standards in § 380-42.

See parking requirements in Article VI.

Any mobile/manufactured homes on a sales site shall meet the required principal building setbacks from the perimeter lot lines.

All paint work shall be performed within a building, with a fume collection and ventilation system that directs fumes away from any adjacent dwellings. Outdoor major repairs (such as body work and grinding) and outdoor welding shall not occur within 250 feet of a residential lot line.

All reasonable efforts shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots. See standards in Article V. See buffer yard requirements in § 380-57.

Outdoor storage of motor vehicles shall not be within any required buffer yard or street right-of-way.

Overnight outdoor storage of junk, other than permitted junk vehicles, shall be prohibited within view of a public street or a dwelling.

Any junk vehicle (as defined by Article II) shall not be stored for more than 20 days within view of a public street or a dwelling. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.

Service bay doors shall not face directly towards an abutting dwelling (not including a dwelling separated from the garage by a street) if another reasonable alternative exits.

See definition of this term and "auto repair garage" in Article II. The uses may be combined, if the requirements for each are met.

All activities except those to be performed at the fuel or air pumps shall be performed within a building. The use shall not include spray-painting.

Fuel pumps shall be at least 25 feet from the existing street right-of-way and shall meet side yard principal building setback requirements.

Overnight outdoor storage of junk shall be prohibited within view of a public street or dwelling. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.

Any junk vehicle (as defined by Article II) shall not be stored more than 20 days within view of a public street or a dwelling. No junk vehicles shall be stored within 20 feet of an existing street right-of-way. No more than six junk vehicles shall be stored on the lot outside of an enclosed building at any point in time.

The use may include a convenience store if the requirements for such use are also met.

See light and glare control in Article V.

See canopy height and lighting provisions in § 380-42.

Within a residential district (where permitted under Article III), a maximum of five rental units shall be provided, and no more than three adults may occupy one rental unit. No maximums shall apply within other permitted districts.

One off-street parking space shall be provided for each rental unit. The off-street parking spaces for the bed-and-breakfast inn shall be located either to the rear of the principal building or screened from the street and abutting dwellings by landscaping.

There shall not be any signs, show windows or any type of display or advertising visible from outside the premises, except for a single sign with a maximum sign area of six square feet on each of two sides and with a maximum height of eight feet. Such sign shall only be illuminated externally and shall use incandescent light or light of similar effect.

The use shall have a residential appearance and character.

The use shall be operated and/or managed by permanent residents of the lot.

There shall not be separate cooking facilities in any guest room. Food shall only be served to guests who are staying overnight, unless a restaurant is also permitted.

No guest shall stay for more than 14 days in any month.

The use shall be restricted to buildings that existed prior to January 1, 1940.

Minimum lot area: 20,000 square feet.

Minimum side yard building setback: 20 feet per side.

Minimum lot width: 100 feet.

Maximum density: 5,000 square feet of lot area per bedroom; shall serve a maximum total of 20 persons.

Each bedroom shall be limited to two adults each.

A buffer yard with screening meeting § 380-57 shall be provided between any boardinghouse building and any abutting dwelling.

See also standards for assisted-living facility, which is a separate use.

Signs shall be limited to two wall signs with a maximum of two square feet each.

Rooms shall be rented for a minimum period of five consecutive days.

For each acre of total lot area, there shall be a maximum average of three recreational vehicle sites, four tent sites, or cabin sleeping capacity for eight persons. Such sites may be clustered in portions of the tract.

Any store shall be limited to sales of common household and camping items to persons camping on the site.

A commercial campground shall include at least one gravel or paved entrance road from a public street, with a minimum width of 20 feet.

Minimum lot area: two acres.

All campsites, recreational vehicle sites, buildings and vehicle parking shall be set back a minimum of 150 feet from all residential lot lines. Any existing healthy trees within such setback shall be preserved, except at needed at perpendicular crossings.

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.

Adequate provisions shall be made for the proper and convenient disposal of refuse. 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.

Water from the car wash operation shall not flow onto sidewalks or streets in such a manner as could cause ice hazards.

Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

An accessory commercial communications antenna that does not involve a new tower shall be allowed in any district if it meets the following requirements:

Any commercial communications antenna/tower that does not meet Subsection A(13)(a) above shall only be allowed where specifically authorized in § 380-27 and in compliance with the following additional regulations:

Purposes. These provisions for commercial communications antenna/towers are primarily designed to serve the following purposes, in addition to the overall objectives of this chapter:

A tower/antenna that primarily serves emergency communications by a Borough-recognized police, fire or ambulance association, and is on the same lot as an emergency services station, shall be permitted by right. Such tower shall not be required to meet the regulations of § 380-34A(13)(b).

Any antenna and tower that is no longer in active use shall be completely removed within six months after the discontinuance of use. The operator shall notify the Zoning Officer, in writing, after the antenna or tower use is no longer in active use. Any lease shall require such removal by the owner of the antenna/tower. Any lease should provide that the lease shall expire once the antenna/tower is removed.

All utility buildings serving a tower shall have a maximum height of 12 feet. Where a utility building is adjacent to a residential lot(s), it shall meet principal building setbacks along those lot lines.

See Article III, which regulates where conversions are permitted. Applicable state firesafety requirements shall be met.

The following regulations shall apply to the conversion of an existing one-family dwelling into a greater number of dwelling units:

A previously residential building shall maintain a clearly residential appearance, except as may be necessary for restoration of an historic building.

Dumpster screening: see § 380-60.

A maximum total of four dwelling units may be developed per lot, unless a more-restrictive provision is established by another section of this chapter.

Each unit shall meet the definition of a “dwelling unit” and shall meet the minimum floor area requirements of § 380-55C.

See also "day-care: family day-care home or group day-care" as an accessory use in § 380-35.

The use shall comply with any applicable state and federal regulations, including having an appropriate State Department of Public Welfare (or its successor agency) registration certificate or license.

Convenient parking spaces within the requirements of Article VI shall be provided for persons delivering and waiting for children.

In residential districts, where permitted as a principal use, a day-care use shall have a minimum lot area of 6,000 square feet and a minimum setback of 10 feet from an abutting residential lot line.

The use shall include secure fencing around outdoor play areas.

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 feet from the exterior walls of an abutting existing dwelling.

This use shall not be conducted in a dwelling that is physically attached to another dwelling that does not have a common owner.

In residential districts, any permitted day-care use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.

A day-care use may occur in a building that also includes permitted or nonconforming dwelling units.

See also the standards for a place of worship, which allows a day-care center as an adjunct use.

A forestry management plan shall be prepared and followed for any commercial forestry involving more than 20,000 square feet of land area, other than routine thinning of woods. This plan shall be prepared by a professional forester.

The forestry management plan shall be consistent with the Timber Harvesting Guidelines of the Pennsylvania Forestry Association.

See definition in § 380-21.

A group home shall not include any use meeting the definition of a “treatment center.”

A group home shall include the housing of a maximum of six unrelated persons, except:

The applicant shall provide a written statement describing how the facility will have adequate trained staff supervision for the number and type of residents. The Zoning Officer may require twenty-four-hour on-site staffing if necessary for the number and type of residents.

The applicant shall provide evidence of any applicable federal, state or county licensing or certification to the Zoning Officer. If such licensing or certification is changed, suspended or revoked, the operator shall provide written notice to the Zoning Officer within seven days.

The group home shall register, in writing, its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer. If there are any changes in such matters, the operator shall provide written notice to the Zoning Officer within seven days. The Zoning Officer may require a new approval if there are significant changes in the nature of the group home.

Any on-site medical or counseling services shall be limited to a maximum of three nonresidents per day. Any on-site staff meetings shall be limited to a maximum of five persons at one time.

A minimum of one off-street parking space shall be provided per on-site employee, plus one space for every two residents of a type reasonably expected to be able to drive a vehicle.

If a group home is in a residential district, an appearance shall be maintained that is closely similar to nearby dwellings, and no sign shall identify the use.

The persons living on site shall function as a common household unit.

See definitions in Article II, which distinguish a hotel/motel from a boardinghouse.

New buildings shall be a minimum of 50 feet from any residential lot line.

Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on site and routinely awaiting pickup.

Outdoor storage of junk shall be at least 100 feet from any residential lot line and 50 feet from any other lot line and the existing right-of-way of any public street.

The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared driveways shall be provided throughout the entire use to allow access by emergency vehicles. Adequate off-street parking areas shall be provided for customers.

Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot-wide buffer yard which complies with § 380-57, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure chain-link or similar fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.

Burning or incineration is prohibited.

See the noise or dust regulations of Article V.

All gasoline, antifreeze and oil shall be drained from all vehicles and properly disposed of. All batteries shall be removed from vehicles and stored in a suitable area on an impervious and properly drained surface.

Lot area: one acre minimum; 10 acres maximum.

Tires: See the outdoor storage and display standards in § 380-35.

Minimum lot area: three acres.

All buildings in which animals are housed and all runs shall be located at least 200 feet from all residential lot lines.

Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any principal building on another lot.

No animal shall be permitted to use outdoor runs from 8:00 p.m. to 8:00 a.m. that are within 250 feet of an existing dwelling. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking.

Structures in which animals are kept shall provide adequate shelter from the elements, including being heated during cold weather.

All animal wastes shall be removed and properly disposed of at least once a day.

The operator of the kennel shall exercise all necessary control over the animals and shall not allow a nuisance condition to exist in terms of excessive noise, odor or health hazards.

The kennel shall be operated in full compliance with the Federal Animal Welfare Act and applicable state kennel regulations. The kennel shall be open to regular inspection by the Zoning Officer and any designated Health Inspector.

A live-work unit is one building space that is used both for residential and for business space, such as for an office or an artist's studio. The business use shall be a use that is listed as permitted by right in the zoning district. The unit shall be treated as a dwelling unit, except: (1) a sign shall be allowed meeting the requirements for the RP District; and (2) minimum parking requirements shall also apply for the portion of the space that is used for business purposes if there are nonresident employees or customer traffic to the site.

If allowed in a residential district, a minimum of 50% of the unit floor area shall be primarily used for residential purposes and a maximum of three persons shall work in the unit who do not reside within the unit.

The operator of the business in the unit shall also be a permanent resident of the unit.

Any livestock shall be kept on property controlled by the operator of the livestock use, with proper confinement measures as necessary.

Any structure, other than the inside of a dwelling, used for the keeping of six or more animals over the age of four months shall be set back a minimum of 100 feet from the lot line of any existing dwelling. All bulk storage of manure shall be set back a minimum of 100 feet from any lot line.

The applicant shall submit a written plan for the sanitary management of animal wastes. Animal wastes shall be properly managed to prevent health hazards, pollution of waterways and odor, insect and rodent nuisances to other properties. Recommendations of the Pennsylvania State University Cooperative Extension Service and the County Conservation District should be followed.

Application requirements. A copy of all site plan information that will be required by the State DEP shall also be submitted to the Borough as part of the zoning application.

A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Zoning Officer.

After areas are used for mineral extraction, those areas shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting some productive or beneficial future use.

A seventy-five-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 250 feet of an area of excavation. This yard shall include an earth berm with a minimum average height of six feet and an average of one shade tree for each 50 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence.

The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not owned by the owner or operator of the mineral extraction use:

The excavated area of a mineral extraction use shall be set back 150 feet from the average waterline of a perennial stream or the edge of a natural wetland of more than two acres.

Truck access to the use shall be located to reasonably minimize hazards on public streets and dust and noise nuisances to residences.

Fencing. The Zoning Hearing Board may require secure fencing in locations where needed to protect public safety. As an alternative, the Zoning Hearing Board may approve the use of thorny vegetation to discourage public access. Also, warning signs shall be placed at intervals of not less than 100 feet around the outer edge of the use.

Noise and performance standards. See Article V.

County Conservation District. A soil erosion and sedimentation plan shall be prepared by the applicant and found to be acceptable to the County Conservation District.

Hours of operation. The Zoning Hearing Board, as a condition of special exception approval, may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.

The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents.

See definition in Article II.

Any active outdoor play areas shall be set back at least 30 feet from any abutting residential lot line.

Construction. Any mobile/manufactured home placed on any lot after the adoption of this chapter shall be constructed in accordance with 1976 or later Safety and Construction Standards of the U.S. Department of Housing and Urban Development. (Note: These federal standards supersede any building code for the actual construction of the home itself.)

Each site shall be graded to provide a stable and well-drained area.

Each home shall have hitch and wheels removed.

Anchoring. A mobile/manufactured home on an individual lot or mobile/manufactured home park shall include a system that secures the home to the ground to prevent shifting, overturning or uneven settling of the home, with a secure base for the tie-downs.

Foundation treatment. The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable material that has the appearance of a foundation of a site-built home, such as material with a concrete-type or stucco facing. This Subsection A(24)(e) shall not apply within a manufactured/mobile home park. Metal skirting shall only be permitted within a manufactured/mobile home park. Provisions shall be provided as necessary for access to utility connections.

The front door of the home shall face onto a public street, except within a mobile home park.

See also the regulations of § 380-28.

A mobile/manufactured home shall not be permitted within a state-certified or National Register historic district.

The home shall have a main roof with a minimum pitch of 4.5:1.

See provisions in § 380-28 regarding dwelling width in certain districts.

Plans and permits. Plans shall be submitted and reviewed by the Borough for all mobile/manufactured home parks in compliance with the mobile home park provisions of Chapter 325, Subdivision and Land Development, and all other provisions of such chapter that apply to a land development, including the submission, approval and improvements provisions (other than specific provisions altered by this section).

The minimum tract area shall be three contiguous acres, which shall be under single ownership, but which may include land in an abutting existing mobile home park. The tract shall have a minimum width at the minimum building setback line of 200 feet. Two abutting lots may be merged together to form a single mobile/manufactured home park.

Density. The maximum average overall density shall be five dwelling units per acre.

Landscaped perimeter. Each mobile/manufactured home park shall include a twenty-five-foot-wide landscaped area, including substantial attractive evergreen and deciduous trees, around the perimeter of the site, except where such landscaping would obstruct safe sight distances for traffic. A planting plan for such area shall be approved by the Zoning Hearing Board as part of any required special exception approval. Such landscaped area shall not be required between adjacent mobile home park developments. This landscaped area shall be 35 feet wide abutting existing single-family detached dwellings. The same area of land may count towards both the landscaped area and the building setback requirements.

A dwelling, including any attached accessory building, shall be set back a minimum of 25 feet from another other dwelling within the mobile home park, except that unenclosed porches, awnings and decks may be 15 feet from the walls of another dwelling.

The minimum separation between homes and the edge of the interior street cartway or parking court cartway shall be 25 feet.

The minimum principal and accessory building setbacks from exterior/boundary lot lines shall be 40 feet.

Each home shall comply with the above requirements for mobile/manufactured homes in this § 380-34

Accessory structures. A detached accessory structure or garage shall be separated by a minimum of 15 feet from any dwelling unit which the accessory structure is not accessory to.

Common open space for a mobile home park. A minimum of 10% of the total lot area of the entire mobile home park shall be set aside as common open space for the residents.

Streets.

Utilities. All units within the mobile home park shall be connected to a public water and a public sewage system. The system shall meet appropriate minimum water pressure/fire flow and hydrant requirements.

Licensing. See definition in Article II.

A minimum of 20% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.

All parking and activity areas shall be a minimum of 200 feet from an existing dwelling. The use shall not operate between the hours of 11:00 p.m. and 7:00 a.m.

See noise and glare standards in Article V.

Minimum lot area: one acre.

Minimum lot area: 25,000 square feet, except 5,000 square feet in the NC or GC District.

Weekly religious education rooms and meeting rooms are permitted accessory uses, provided that such uses are of such a character and intensity that they would be clearly customary and incidental to the place of worship. A primary or secondary school and/or a child or adult day-care center is permitted on the same lot as a place of worship, provided that the requirements for such uses are also met. Noncommercial buses used primarily to transport persons to and from religious services or a permitted school on the lot may be parked on the lot. Other uses shall only be permitted if all of the requirements for such uses are also met, including being permitted in the applicable district.

Two dwelling units may be accessory to a place of worship on the same lot, provided that they are only used to house religious leaders and their families.

Any outdoor activity area shall be located no closer to any lot line than the required front yard depth and shall be screened, and, if necessary, sound insulation shall be provided to protect the neighborhood from any possible noise.

A twenty-foot-wide buffer yard in accordance with § 380-57 shall be required.

Any swimming pool shall meet the requirements for such use, as stated in this article.

Lighting, noise and glare control: See Article V.

This use shall not be bound by the requirements of a solid waste disposal facility.

All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.

Adequate provision shall be made for movement of trucks if needed and for off-street parking.

A twenty-foot-wide buffer yard with screening as described in § 380-57 shall be provided between this use and any abutting residential lot line.

This use may be a principal or accessory use, including being an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a Borough-owned use, subject to the limitations of this section.

Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, 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.

The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or landfilling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard.

The use shall not include the collection or processing of pieces of metal that have a weight greater than 50 pounds, except within an industrial district.

The use shall include the storage of a maximum of 50 tons of materials on the site if the use is within a residential district and within 500 feet of an existing dwelling.

Screening of dumpster and waste containers: See § 380-60.

See “drive-through service” in § 380-35.

Drive-through service shall only be provided where specifically permitted in the applicable district regulations.

The use shall meet the definition stated in § 380-21, which includes limits on the ages of residents. A dwelling within a retirement community shall not be occupied by a person less than 18 years of age for more than 30 days in any calendar year. No portion of a dwelling shall be leased/licensed to any person(s) less than 55 years of age. The foregoing age and occupancy restrictions must be incorporated into a recordable agreement or declaration, in a form acceptable to the Borough, which shall be binding upon owners within the retirement community and be enforceable by the Borough.

The use shall be served by both public water and public sewage services.

A retirement community shall only include the following uses (but need not include all of the uses):

Density and lot requirements.

Minimum lot area: two acres.

No building, children's play equipment, basketball courts or illuminated recreation facilities shall be within 25 feet of a residential lot line, unless a more-restrictive setback is established by another section of this chapter.

The use shall not include a dormitory, unless specifically permitted in the district.

All storage units shall be of fire-resistant construction.

Outdoor storage shall be limited to recreational vehicles, boats and trailers. No junk vehicles shall be stored within view of a public street or a dwelling.

Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items shall not be stored.

Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or accessways.

The use shall not include a commercial auto repair garage, unless that use is permitted in the district and the use meets those requirements.

Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.

See § 380-57 concerning buffer yards. In addition, any garage doors or outdoor storage areas within 200 feet of a street right-of-way shall be screened from that street by a buffer yard meeting § 380-57.

Minimum separation between buildings: 20 feet, which shall allow passage by emergency vehicles.

This provision shall only apply to a residential use that an accredited college or university certifies, in writing, is recognized by it as an affiliated organization. If such recognition is withdrawn, in writing, then the zoning approval shall expire. A student group residence shall house students who share an academic interest, such as a foreign language. Any student housing that does not meet the definition of a “student group residence,” “dwelling unit” or “dormitory” shall be regulated as a boarding- or rooming house.

A student group residence shall only house students enrolled in studies equal to at least 1/2 of a full-time schedule and/or paid staff of an accredited college or university and family members of staff members.

A student group residence is not required to be owned by a college or university. One organization may occupy more than one building.

At least one competent adult age 22 years or older shall live on site and serve in a supervisory role.

A student group residence building shall be set back a minimum of 100 feet from the boundary of an R1 or R2 District and 200 feet from any dwelling that is not owned by a college or university (other than another student group residence).

Noise-abatement measures shall be used to avoid conflicts with nearby dwellings.

Landscaping shall be used as a buffer between a student group residence and any nearby dwellings.

See definition in § 380-21, which limits the numbers of residents. This use shall not be limited to occupancy by one family.

The water surface shall be set back at least 50 feet from any existing dwelling.

Minimum lot area: one acre.

Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by a buffer yard meeting § 380-57.

The water surface shall be surrounded by a secure, well-maintained fence at least six feet in height.

Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property.

All target ranges shall have a barrier behind the target area which is of sufficient height and thickness to adequately protect the public safety. This barrier shall be made of earth for an outdoor firearms range.

The design of the outdoor firearms target range shall be compared by the applicant with any applicable published guidelines of the National Rifle Association.

An outdoor firearms target range and any firing stations shall be located a minimum of 250 feet from any residential lot line, unless all firing would occur within a completely enclosed sound-resistant building. Clay pigeon shooting shall be directed away from homes and streets.

An outdoor firearms target range shall be properly posted.

The applicant shall provide evidence that the noise limits of Article V will be met.

An indoor firearms target range shall be adequately ventilated and/or air-conditioned to allow the building to remain completely enclosed.

Maximum number of townhouses attached in any manner: eight.

Paved area setback. All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, shall be set back a minimum of 15 feet from any dwelling.

Garages. Townhouses shall be designed so that garages and/or carports are not an overly prominent part of the view from public streets. For this reason, parking courts, common garage or carport structures or garages at the rear of dwellings are encouraged instead of individual garages opening onto the front of the building, especially for narrow townhouse units.

Mailboxes. Any mailboxes provided within the street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of noncoordinated types at the curbside are specifically discouraged.

Access. Vehicular access points onto all arterial and collector streets shall be minimized to the lowest reasonable number. No townhouse dwelling within a tract of five or more dwelling units shall have its own driveway entering onto an arterial or collector street.

See definition in § 380-21.

The applicant shall provide a written description of all types of persons intended to occupy the use during the life the permit. Any future additions to this list shall require an additional special exception approval.

The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will involve adequate on-site supervision and security measures to protect public safety.

The Zoning Hearing Board may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.

If the use involves five or more residents, a suitable on-lot outdoor recreation area shall be provided that is supervised by the center's staff.

Any such use shall be set back a minimum of 600 feet from any existing treatment center.

Minimum lot area: 15,000 square feet.

Any structure in which animals are treated or housed shall be a minimum of 50 feet from any residential lot line. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be perceived within any adjacent dwellings.

Outdoor animal runs may be provided for small animals for use between 8:00 a.m. and 8:00 p.m., provided that the runs are at least 150 feet from any existing dwelling, and provided that the runs for dogs are separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking.

Although animals may be kept as an accessory use, a commercial kennel shall only be allowed if a kennel is permitted in that district and if the applicable requirements are met.

Any commercial uses to be located on the same lot as the alternative school campus as permitted by § 380-21 must demonstrate during the application process that each such proposed use meets all requirements as to setback, lot coverage, and other dimensions as would be required if located on a separate lot as provided in § 380-55B, unless such use meets or complies with Subsection A(43)(b). Such use is also subject to the dimensional requirements as set forth in § 380-28.[7]

As an alternative to compliance with Subsection A(43)(a), the applicant for the alternative school campus may enter into an agreement restricting subdivision of any lots from the alternative school campus or separation of ownership pursuant to the Pennsylvania Uniform Condominium Act, Pennsylvania Uniform Planned Community Act,[8] or any similar statute.

The following specific criteria shall apply:

No more than one short-term rental unit may be located in a structure, and a short-term rental unit may not be located in a structure which contains a dwelling unit in addition to the short-term rental unit.

The applicant for a special exception shall demonstrate that the proposed short-term rental unit meets the Pennsylvania Uniform Construction Code as adopted by the Borough. The applicant shall submit a report by a person certified by the Department of Labor and Industry as an accessibility inspector/plans examiner and a building plans examiner identifying what changes to the structure are necessary to bring the structure into compliance with the requirements for the change in use group. The report relating to the Uniform Construction Code shall specifically address requirements to install sprinklers and accessibility requirements. If the special exception is granted, the applicant shall demonstrate that the short-term rental unit meets the requirements of the Uniform Construction Code prior to the issuance of a zoning permit.

The applicant for a special exception shall demonstrate that the short-term rental unit contains or meets the following:

The applicant shall prepare and present to the Zoning Hearing Board a notice which shall be prominently and continuously posted at the short-term rental unit which shall contain all of the following information:

The applicant shall designate a local contact person who shall have access and authority to assume management of the short-term rental unit and take remedial measures. An owner who resides within the Borough or within 20 miles of the short-term rental unit may designate himself/herself as the local contact person. If the special exception is approved, the local contact person shall respond to the Borough or to a police officer within one hour after being notified by such official of the existence of a violation of this chapter or any disturbance requiring immediate remedy or abatement. If the local contact person is not the owner, the local contact person shall immediately advise the owner of any notification of a violation. There shall be a local contact person at all times the short term rental unit is operated. The owner may change the local contact person only after written notice to the Zoning Officer, and any new local contact person shall meet all requirements of this subsection.

If the special exception is granted, the applicant shall provide the Zoning Officer with confirmation that the applicant has taken all action required to register with the Lancaster County Treasurer to enable the applicant to pay the hotel and/or room taxes imposed by Lancaster County. The Zoning Officer shall not issue a certificate of occupancy for the short-term rental unit until the applicant presents such confirmation of registration.

The maximum occupancy of the short-term rental unit shall be based on the number of bedrooms. A short-term rental unit may have no more than six bedrooms. Each bedroom shall be occupied by no more than two persons, excluding children under the age of five. The applicant shall provide the Zoning Hearing Board with a plan of the structure proposed to contain the short-term rental unit identifying the rooms on each floor of the structure to enable the Zoning Hearing Board to determine the number of bedrooms and the maximum occupancy of the short-term rental unit.

A short-term rental unit may be rented only to a person 21 years of age or older.

The owner shall use his/her best efforts to assure that the occupants of the short-term rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of Borough ordinances or any state law pertaining to noise or disorderly conduct by notifying the occupants of the rules regarding short-term rental units and responding when notified that occupants are violating laws regarding their occupancy.

The owner and, if applicable, the manager shall, upon notification that occupants of the short-term rental unit have created unreasonable noise or disturbances, engaged in disorderly conduct or violated provisions of Borough ordinances or state law pertaining to noise, or disorderly conduct, promptly use his/her best effort to prevent a recurrence of such conduct by those occupants or guests.

The owner of the short-term rental unit shall submit an application each year for a permit to authorize continued operation of the short-term rental unit, accompanied by any fee which Borough Council may establish by resolution. The application shall require that the owner provide sufficient inform for the Zoning Officer to confirm the name and contact information for the local contact person, confirm that the short-term rental unit meets all requirements of this § 380-34A(44), and confirm that the short-term rental unit meets all other applicable Borough ordinances. The Zoning Officer may inspect the short-term rental unit to confirm compliance with this § 380-44A(44) and other applicable Borough ordinances. If the Zoning Officer confirms that the short-term rental unit meets such requirements, the Zoning Officer may issue a permit to authorize continued operation of the short term rental unit for a one year period. Operation of a short-term rental without the required annual permit is a violation of this chapter.

See definition in § 380-21 for permitted components of this use.

No residency, whether permanent or transient, shall be permitted within any community resource facility.

Within the R1 and R2 Districts, a community resource facility shall only be permitted by right within a commercial building existing as of the date of adoption of this subsection which meets the following requirements; otherwise, it shall not be permitted:

Applicant shall submit an hours of operation and site management plan to the Borough which shall set forth the anticipated hours and days of operation of each service or program to be offered at the community resource facility, as well as the anticipated number of attendees, volunteers, and participants with respect to each program or service.

Noise abatement measures shall be used to avoid conflicts with nearby dwellings.

All operations, except for outdoor recreation and loading and unloading of supplies and resources, shall be conducted indoors.

The use must be served by public water and sewer.

All applicable requirements of Article VI must be satisfied. A community resource facility must provide the same number of off-street parking spaces as required for a community center, as set forth in § 380-43A(4), Table 6.1, B9.

Height. No standard antenna, including its supporting structure, shall have a total height above the average surrounding ground level of greater than 75 feet.

Anchoring. An antenna shall be properly anchored to resist high winds.

Facilities for the keeping of bees shall be set back a minimum of 40 feet from any lot line and shall be fenced if within 100 feet of a lot line. Signs shall be erected as necessary to warn persons of the presence of bees.

The bee facilities shall be located and managed in such as manner as to minimize the potential of the bees entering streets, sidewalks or unauthorized properties.

A bus shelter shall be allowed in accordance with this section in order to provide refuge for mass-transit riders from adverse weather conditions.

Only the following signs shall be permitted:

A shelter with illuminated advertising signs shall only be allowed within the R1A, RP, NC or GC District. The location of the bus shelter shall be approved in advance by the transit provider. The applicant shall prove to the Zoning Officer that the location will not interfere with pedestrian traffic along the sidewalk and with safe sight distances at intersections. The Borough may also require a written agreement for use of the public right-of-way.

The applicant shall prove to the Zoning Officer that there is a legally binding commitment by a responsible entity to properly maintain the bus shelter and to remove the shelter if it is not needed in the future or if it falls into disrepair.

Such shelters shall be durably constructed, with a roof. For security and safety purposes, the majority of the side walls of the shelter shall be constructed of a clear shatter-resistant material.

Any light bulbs/lighting elements shall not be directly visible from outside of the shelters. The lighting may be diffused by an allowed sign. Glare shall not be created.

A bus shelter shall not be located directly abutting a single-family detached dwelling or a twin dwelling.

See § 380-27 and the definitions in § 380-21 concerning the number of children who can be cared for in different zoning districts in a family day-care home or a group day-care home.

In any case, seven or more children (other than children who are related to the primary caregiver) shall only be cared for at one time within a single-family detached dwelling with a minimum lot area of 12,000 square feet and a ten-foot minimum setback from all existing dwellings on another lot(s). Four to six children, in addition to children who are related to the primary caregiver, shall only be cared for at one time within a dwelling that is not attached to another dwelling. The care of fewer numbers of children may occur within any lawful dwelling unit.

The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic improvements.

Any day-care center involving seven or more children shall be considered a principal use and meet the standards of § 380-34 for such use, if permitted.

The use shall be actively operated by a permanent resident of the dwelling.

If four to six children who are not related to a permanent resident of the dwelling are cared for, then a minimum of 200 square feet of safe exterior play area shall be available.

See also "day-care center" as a principal use in § 380-34 and “day care as accessory to a place of worship” in § 380-27B.[1]

The use shall comply with any applicable state and federal regulations, including having an appropriate State Department of Public Welfare (or its successor agency) registration certificate or license if required by such agency.

The use shall include a secure fence around any outdoor areas routinely used for outdoor play that abut one or more streets.

The proposed traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.

On-lot traffic circulation shall be clearly marked.

A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site. Any drive-through facilities shall be designed to minimize conflicts with pedestrian traffic. If special exception approval is required, the Zoning Hearing Board may require that credible testimony be provided that the drive-through use provides adequate waiting spaces for vehicles for reasonably expected demand.

Fences and walls are permitted by right in all districts. Any fence or wall shall be durably constructed and well-maintained. Fences that have deteriorated shall be replaced or removed.

No fence, wall or hedge shall obstruct the sight requirements of § 380-57C.

Fences:

Walls.

See definition in Article II. A garage sale shall not include wholesale sales nor sale of new merchandise of a type typically found in retail stores.

Garage sales as an accessory use shall be held a maximum of four days total in any 12 consecutive months.

The use shall be clearly accessory to the principal use.

All home occupations shall meet the following requirements:

In addition to the requirements listed in Subsection D(8)(a) above, the following additional requirements shall apply to a light home occupation:

Location. Outdoor storage or display shall not occupy any part of any of the following: the existing or street right-of-way, sidewalk or other area intended or designed for pedestrian use or required parking area.

No such storage or display shall occur on areas with a slope in excess of 25% or within the one-hundred-year floodway.

Screening: See § 380-57.

Any storage of more than 50 used tires shall only be permitted as part of a Borough-approved junkyard. Any storage of used tires shall involve stacks with a maximum height of 15 feet and that cover a maximum of 400 square feet. Each stack shall be separated from other stacks and from all lot lines by a minimum of 75 feet.

This is a permitted-by-right accessory use in all districts.

No use shall involve the keeping of animals or fowl in such a manner or of such types of animals that it creates a serious nuisance (including noise or odor), a health hazard or a public safety hazard. The owner of the animals shall be responsible for collecting and properly disposing of all fecal matter from pets. No dangerous animals shall be kept outdoors in a residential district, except within a secure, completely enclosed cage or fenced area of sufficient height or on a leash under full control of the owner.

A maximum combined total of five dogs and cats shall be permitted to be kept by residents of each dwelling unit.

The keeping of one or two total pigeons (except as may be preempted by the State Carrier Pigeon Law), chickens, ducks, geese and/or similar fowl shall be permitted on lot with a minimum lot area of 10,000 square feet.

Animals shall only be permitted provided they do not create unsanitary conditions or noxious odors for neighbors.

A minimum lot area of two acres shall be required for the keeping of horses.

Only those pets that are domesticated and are compatible with a residential character shall be permitted as "keeping of pets." Examples of permitted pets include dogs, cats, rabbits, gerbils and lizards but do not include bears, goats, wolves, wolf-dog hybrids, cows, venomous snakes that could be toxic to humans, hogs or sheep.

It shall be unlawful on a residential property to maintain any exotic wildlife, as defined by the Pennsylvania Game and Wildlife Code, whether or not an exotic wildlife possession permit has been issued.

Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 380-28A,[2] unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard nor within 10 feet of any street right-of-way line (such as on a corner lot).

Accessory buildings in a residential district shall meet the following requirements:

Height. See § 380-28B.

Parking of trucks and buses. The overnight parking of commercial trucks and buses on a primarily residential lot in a residential district is prohibited, except that the following shall be permitted if such vehicle(s) is used by residents of the dwelling to travel to and from work:

Repairs. No maintenance or repair of either of the following shall occur on a principally residential lot:

See setback exceptions in § 380-57B.

No major recreational equipment shall be parked or stored on any lot in a residential district except in an enclosed building or on a pad made of asphalt, concrete, paving block, or a pervious paving material located behind the dwelling unit; provided, however, that such equipment may be parked anywhere on the lot for a period not to exceed 48 hours during loading and unloading. On a corner lot major recreational equipment may be parked or stored on a pad made of asphalt, concrete, paving block, or pervious paving material adjacent to the dwelling unit. No such major recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored. For the purposes of this section, major recreational equipment shall include, but shall not be limited to, boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on vehicles), recreational vehicles, motorized dwellings, tent trailers, utility trailers, and cases or boxes used for transporting recreational equipment whether occupied by such equipment or not.

Enclosure pools. A new or existing swimming pool shall include a secure fence or other enclosure meeting the requirements of the applicable building code.

Location. Any pool deck or shelter that is elevated above the average surrounding ground level and the water surface of any pool shall be set back a minimum of 10 feet from any lot line. Patios around pools that are level with the average surrounding ground level are not required to be set back from lot lines. A pool is not permitted within a required front yard. A pool shall comply with limitations of any water or sewer easement.

Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property. Such method shall be subject to approval of the Zoning Officer.

The Borough does not assume responsibility for guaranteeing to the public that all new and existing pools fully comply with these provisions.

No outdoor pay telephone and no outdoor coin-operated vending machine shall be placed on a public sidewalk in the public right-of-way, except for nonilluminated newspaper/periodical vending machines. A nonilluminated newspaper/periodical vending machine shall only be permitted on a sidewalk if a four-foot-wide pedestrian path is unobstructed.

No pay telephone and no coin-operated vending machine shall be permitted outdoors as accessory to a dwelling or a vacant lot.

The use shall meet the definition in § 380-21.

The accessory unit shall be occupied by a maximum of two persons, who shall be close relatives of the permanent residents of the principal dwelling unit. At least one resident of the accessory unit shall need such accommodations because of an illness, old age or disability.

The applicant shall prove to the Zoning Hearing Board that the accessory unit has been designed and constructed so that it can be easily reconverted into part of the principal dwelling unit after the relative no longer resides within the unit. A written plan shall be submitted showing how the separate unit will be changed to no longer be a separate unit. The accessory unit may be converted into an additional bedroom(s), permitted home occupation area or similar use. A lawful detached garage may be converted into a unit for care of a relative and then be reconverted to a garage or permitted home occupation area.

The applicant shall establish a legally binding mechanism that will prohibit the use of the accessory unit as a separate dwelling unit after the relative no longer resides within the unit. Such mechanism shall also be binding upon future owners.

The owner of the property shall be required to annually renew the permit for the use. Such renewal shall be conditioned upon the owner proving that a relative of the occupants of the principal dwelling unit continues to reside within the accessory unit.

Such accessory unit shall not decrease the one-family residential appearance of a one-family dwelling as viewed from exterior property lines.

Additional parking for the accessory unit may be waived by the Zoning Hearing Board as part of the special exception approval if the applicant proves that the resident(s) of the accessory unit will not routinely operate a vehicle.