Mount Joy City Zoning Code
ARTICLE IV
Specific Use Regulations
§ 270-61 Applicability; conflicting provisions.
A.
This article establishes additional specific requirements for certain specific uses, in addition to the sign, parking, environmental and other general requirements of this chapter and the requirements of each district. Wherever two requirements conflict, the stricter requirement shall apply.
§ 270-62 Principal uses.
Each of the following uses shall meet all of the following requirements for that use:
A.
Adult use. (This is limited to the following: adult bookstore, adult movie theater, massage parlor or adult live entertainment use.)
(1)
Purposes. The regulations on adult uses are intended to serve the following purposes, in addition to the overall objectives of this chapter:
(a)
To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the Borough. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to, increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult uses typically involve insufficient self-regulation to control these secondary effects.
(b)
To limit adult uses to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and downtown revitalization.
(c)
To not attempt to suppress any activities protected by the free speech protections of the United States Constitution, but instead to control secondary effects.
(3)
No such use shall be located within 1,000 linear feet of any existing adult use.
(4)
A fifty-foot buffer yard shall be provided, regardless of zoning district, along the side lot lines and rear lot lines in accordance with § 270-113, but with plantings of an initial minimum height of five feet.
(5)
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.
(6)
No such use shall be used for any purpose that violates any federal, state or municipal law.
(8)
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.
(9)
Adult uses shall be prohibited in all districts except where specifically permitted by ordinance.
(10)
A minimum lot area of one acre is required.
(11)
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.
(12)
No use may include live actual or simulated sex acts or any sexual contact between entertainers or between entertainers and customers.
(13)
Only lawful massages, as defined by state court decisions, shall be performed in a massage parlor.
(14)
All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except within a permitted lawful adult live entertainment use.
(15)
Any application for such use shall state the names and home addresses of:
(a)
All individuals intended to have more than a five-percent ownership in such use or in a corporation owning such use.
(b)
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.
(16)
The use shall not operate between the hours of 12:00 midnight and 7:00 a.m.
(17)
As specific conditions of approval under this chapter, the applicant shall prove compliance with the following state laws, as amended:
C.
After-hours club. As a condition of any approval under this chapter, the applicant shall prove full compliance with State Act 219 of 1990, as amended (Section 7327 of Title 18 of the Pennsylvania Statutes).
D.
Assisted living facility/personal care center. Outside of a retirement community, the standards for nursing homes in this section shall apply.
E.
Auto, boat or mobile/manufactured home sales.
(1)
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 the buffer yard provisions in § 270-113.
(4)
Any mobile/manufactured homes on a sales site shall meet the required principal building setbacks from the perimeter lot lines.
F.
Auto repair garage.
(1)
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.
(3)
Outdoor storage of motor vehicles shall not be within any required buffer yard or street right-of-way.
(4)
Overnight outdoor storage of junk other than permitted junk vehicles shall be prohibited within view of a public street or a dwelling.
(5)
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.
(6)
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.
G.
Auto service station.
(1)
See the definition of this term and "auto repair garage" in Article II. The uses may be combined, if the requirements for each are met.
(2)
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.
(3)
Fuel pumps shall be at least 25 feet from the existing street right-of-way and shall meet side yard principal building setback requirements.
(4)
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.
(5)
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.
(6)
The use may include a convenience store if the requirements for such use are also met.
H.
Bed-and-breakfast inn.
(1)
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.
(2)
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.
(3)
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.
(4)
The use shall have a residential appearance and character.
(5)
The use shall be operated and/or managed by permanent residents of the lot.
(6)
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.
(7)
No guest shall stay for more than 14 days in any month.
(8)
The use shall be restricted to buildings that existed prior to January 1,1940.
I.
Boardinghouse (includes rooming house):
(1)
Minimum lot area: 20,000 square feet.
(2)
Minimum side yard building setback: 20 feet per side.
(3)
Minimum lot width: 100 feet.
(4)
Maximum density: six bedrooms per acre; shall serve a maximum total of 20 persons.
(5)
Each bedroom shall be limited to two adults each.
(6)
A buffer yard with screening meeting § 270-113 shall be provided between any boardinghouse building and any abutting dwelling.
(7)
See also the standards for an assisted living facility, which is a separate use.
(8)
Signs shall be limited to two wall signs with a maximum of two square feet each.
(9)
Rooms shall be rented for a minimum period of five consecutive days.
J.
Campground.
(2)
Any store shall be limited to sales of common household and camping items to persons camping on the site.
(3)
A commercial campground shall include at least one gravel or paved entrance road from a public street, with a minimum width of 20 feet.
(4)
Minimum lot area: two acres.
(5)
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 perpendicular crossings.
K.
Car wash.
(1)
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.
(2)
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.
(3)
Water from the car wash operation shall not flow onto sidewalks or streets in such a manner as could cause ice hazards.
(4)
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.
L.
Cluster development. The term "cluster development" shall mean a development meeting the requirements of this subsection which involves dwellings and preserved common open space. Cluster development shall require a unified development and shall be in accordance with the following regulations:
(1)
All dwelling units within the cluster development shall be served by public sewer and public water utilities.
(2)
The minimum area devoted to a cluster development site shall be 15 acres; provided, however, that the expansion of an existing cluster development onto an adjoining property shall have no minimum area requirement.
(3)
Maximum permitted density: six dwelling units per acre for the total acreage of the cluster development site, excluding street right-of-way.
(4)
Required mixture of permitted dwelling unit types. The following tabulates the required mixture of permitted dwelling unit types within a cluster development. All percentages are based upon the total number of dwelling units within the cluster development.
Permitted Dwelling Unit Type | Permitted Percentage of Units Within Cluster Development | |
|---|---|---|
Single-family detached dwelling | No less than 70% | |
Single-family semidetached dwelling | No more than 35% | |
Townhouse | No more than 35% |
(5)
Required design standards. The Table of Design Standards for Cluster Developments and its footnotes, included at the end of this chapter, present applicable design standards applied to the various dwellings/lots:
(6)
Parking. Required off-street parking spaces can take the form of private driveways and/or garages and/or common parking lots. All required parking spaces shall be located within 150 feet of the respective dwelling unit served.
(7)
Driveways for single-family detached units shall not be constructed closer than three feet to any side lot line. Driveways serving single-family semidetached, townhouse or zero-lot-line dwelling units shall not be constructed closer than 18 inches from any side lot line. However, in the case of an L-shaped turnaround area designed to provide sufficient backup area from the driveway, carport or garage, the terminus of the backup area shall not be constructed closer than one foot from any lot line.
(8)
The proposed layout or arrangement of the structure types shall be designated with consideration to both the existing and planned adjacent developments. A transition of similar structure types shall be proposed, wherever possible, to provide compatibility with adjacent structure types.
(9)
The proposed street layout for a cluster development shall provide convenient and safe access to the property. Where practicable, all streets shall be provided as extensions to existing adjoining streets. Cul-de-sac streets within the development shall be minimized if not avoided in all cases except where the turnaround area is rectangular in shape and is designed as a plaza-type layout. The design shall accommodate common parking facilities and shall facilitate maintenance and emergency vehicles. The parking facilities within the plaza-type layout shall accommodate ninety-degree parking, provided that the stalls are not less than 10 feet wide and 18 feet long, with a backup area not less than 25 feet.
(10)
Rolled curbs shall not be permitted within a cluster development. Standard curbing shall be required on all through and collector streets. All other curb requirements will be adhered to within the development, with special consideration given to the utilization of slant curbing on nonconnected accessways, such as culs-de-sac or plaza-designed streets where off-street parking areas may be concentrated. The utilization of slant curbing in these areas may facilitate stormwater management controls.
(11)
Not less than 30% of the parcel to be developed shall be preserved as common open space. The common open space shall be so designated on the plans, and the plans shall contain a notation stating: "Common open space shall not be separately sold and shall not be further developed or subdivided." The common open space shall be provided in accordance with the following regulations:
(a)
The common open space shall be substantially contiguous and shall be interconnected with common open space on abutting parcels whenever possible. However, in no case shall lands which are unusable because of inaccessibility, excessive smallness or narrowness, or any other factor be proposed for open space.
(b)
The common open space shall be provided with safe and convenient access to the residentially developed area of the tract by adjoining frontage on streets or easements capable of accommodating pedestrian, bicycle and maintenance vehicle traffic. Such easements shall be a minimum of 10 feet for pedestrian and bicycle traffic and a minimum of 20 feet for maintenance vehicle traffic. Common open space areas shall be provided with perimeter area parking when the open space is to be dedicated to the Borough.
(c)
The common open space shall not include lots, streets or parking areas, except as allowed in § 270-62L(11)(b). No more than 50% of the common open space shall contain detention basins, retention basins or other stormwater management facilities. The common open space shall either be improved for active recreational use or, if the area contains natural features such as trees, wetlands or wildlife habitat, the common open space may be left unimproved.
(d)
The common open space shall be owned and maintained in a manner to insure its preservation. This shall be accomplished through one of the following:
[1]
An offer of dedication to the Borough. The Borough shall not be obligated to accept dedication of the common open space.
[2]
With permission of the Borough, and with appropriate deed restrictions in favor of the Borough and in language acceptable to the Borough Solicitor, the developer may transfer ownership of the common open space or a portion thereof to a private, nonprofit organization among whose purposes is the preservation of open space land and/or natural resources. The organization shall be a bona fide conservation organization with a perpetual existence, the conveyance must contain appropriate provision for reverter or retransfer if the organization is unable to maintain the land, and the organization must enter into a maintenance agreement with the Borough.
[3]
The developer shall provide for and establish an organization for the ownership and maintenance of the common open space which shall be generally consistent with the requirements for unit owners' associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., or the Pennsylvania Planned Community Act, 68 Pa.C.S.A § 5101 et seq.
(e)
If such an organization is created, the agreements of sale and deeds for all lots shall contain the following requirements in language acceptable to the Borough Solicitor:
[1]
Such organization shall not dispose of the common open space by sale or otherwise except to the Borough unless the Borough has given prior written approval. Such transfer shall be made only to another organization which shall maintain the common open space in accordance with this chapter.
[2]
The organization and all lot owners shall enter into a maintenance agreement with the Borough and shall agree to be bound by the provisions of Article VII of the MPC relating to the maintenance of deteriorating common open space by municipalities.
[3]
The Borough shall require the establishment of a reserve fund to provide for maintenance of or capital improvements to the common open space. The cost of such maintenance or improvements shall be assessed against the properties within the cluster development that have a right of enjoyment of the common open space. The fee schedule will be on file at the Borough office and will be adjusted periodically by resolution. If, however, the Council determines that the cost of such maintenance or improvements is inappropriate, the fee may be waived by the Council.
(12)
All applications for a conditional use for cluster development shall be simultaneously considered as a subdivision and/or land development application and shall follow the procedures set forth in Chapter 240, Subdivision and Land Development, except as those procedures are modified herein.
(13)
Traffic. The applicant shall provide the Borough with a traffic study with its application. The traffic study shall meet all requirements of Chapter 240, Subdivision and Land Development, § 240-62B. The applicant shall make any improvements necessary to maintain the current level of service on all abutting streets and at abutting intersections within the immediate area.
(14)
Landscaping. All housing clusters within a cluster development shall be screened from adjoining residences or residentially developed land through the planting of a landscape buffer. The buffer area shall include a suitable and uninterrupted planting of sufficient density to give maximum screening. The landscape buffer shall be at least 10 feet in width and four feet in height. Such screening shall be replanted and permanently maintained by the owner unless Council grants approval for elimination or modification. The buffer yard may be a part of a lot and may be counted towards the front yard, side yard or rear yard requirements; provided, however, in case of a conflict, the larger requirement shall apply. Wherever practical, existing plant material may be retained and may be used to satisfy screening requirements.
(a)
All sheet planting requirements, parking area landscaping and screening requirements, and other landscaping requirements imposed by this chapter or other applicable Borough ordinances shall also apply to the cluster development. The applicant shall submit a landscape plan prepared by a landscape architect with the application for conditional use approval setting forth the plantings proposed.
M.
Commercial communications antennas as principal use or accessory use.
(1)
An accessory commercial communications antenna shall be permitted by right in any district if it meets the following requirements:
(a)
All accessory utility building(s) shall have a maximum total floor area of 200 square feet and shall meet applicable accessory building setbacks.
(b)
In a district other than a commercial or industrial district, the antenna shall extend a maximum of 25 feet above an existing structure on a nonresidential lot, such as a water tower, church bell tower, power line tower or light standard.
(c)
In a commercial or industrial district, the antenna shall extend a maximum of 50 feet above an existing structure on a nonresidential lot, such as a commercial building, water tower, power line tower, church bell tower or light standard.
(2)
Any commercial communications antenna that does not meet Subsection M(1) above shall only be permitted where specifically authorized by the applicable district regulations.
(a)
Such antenna shall be set back the following distances from lot lines, whichever is greater:
(b)
A tower attached to the ground that supports such antenna shall be surrounded by a security fence with a minimum height of six feet and evergreen plantings or preserved vegetation with an initial minimum height of four feet.
(c)
See also structural requirements of the UCC.
(d)
The applicant is strongly encouraged to provide a written commitment that it will rent space on a tower to other communications providers to minimize the total number of towers necessary within the region.
(e)
A maximum total height of 100 feet shall apply, unless the applicant proves to the Zoning Hearing Board as a special exception that a taller height is necessary.
(3)
An antenna that primarily serves emergency communications by a Borough-recognized police, fire or ambulance organization shall not be regulated by this chapter.
N.
Conversion of an existing building (including an existing dwelling) into dwelling units.
(1)
See Article III, which regulates where conversions are permitted. Applicable state firesafety requirements shall be met.
(2)
The following regulations shall apply to the conversion of an existing one-family dwelling into a greater number of dwelling units:
(a)
The building shall maintain the appearance of a one-family dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance.
(b)
The conversion shall not be permitted if it would require the placement of an exterior stairway on the front of the building or would require the placement of more than three off-street parking spaces in the required front yard.
(3)
A previously residential building shall maintain a clearly residential appearance, except as may be necessary for restoration of an historic building.
(5)
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.
O.
Child day-care center.
(2)
The use shall comply with any applicable state and federal regulations, including having an appropriate Pennsylvania Department of Human Services (or its successor agency) registration certificate or license.
(3)
Convenient parking spaces within the requirements of Article VI shall be provided for persons delivering and waiting for children.
(4)
In residential districts, where permitted as a principal use, a day-care use shall have a minimum lot area of 10,000 square feet and a minimum setback of 10 feet from an abutting residential lot line.
(5)
The use shall include secure fencing around outdoor play areas.
(6)
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.
(7)
This use shall not be conducted in a dwelling that is physically attached to another dwelling that does not have a common owner.
(8)
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.
(9)
A day-care use may occur in a building that also includes permitted or nonconforming dwelling units.
(10)
See also the standards for a place of worship in this section, which allows a day-care center as an adjunct use.
P.
Forestry.
(1)
A forestry management plan shall be prepared and followed for any commercial forestry involving more than 20,000 square feet, other than routine thinning of woods. This plan shall be prepared by a professional forester.
(2)
The forestry management plan shall be consistent with the timber harvesting guidelines of the Pennsylvania Forestry Association.
Q.
Group homes. Group homes are permitted within a lawful dwelling unit, provided the following additional requirements are met:
(2)
A group home shall not include any use meeting the definition of a "treatment center."
(3)
A group home shall include the housing of a maximum of six unrelated persons, except:
(4)
The facility shall have adequate trained staff supervision for the number and type of residents. If the facility involves five or more residents, then twenty-four-hour on-site staffing shall be provided.
(5)
The applicant shall provide evidence of any applicable federal, state or county licensing or certification to the Zoning Officer.
(6)
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.
(7)
Any medical or counseling services shall be limited to a maximum of three nonresidents per day. Any staff meetings shall be limited to a maximum of five persons at one time.
(8)
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.
(9)
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.
(10)
The persons living on site shall function as a common household unit.
S.
Junkyard (includes automobile salvage yard).
(1)
Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on site and routinely awaiting pickup.
(3)
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.
(4)
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot-wide buffer yard which complies with § 270-113, 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 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.
(5)
Burning or incineration is prohibited.
(7)
All gasoline, antifreeze and oil shall be drained from all vehicles and properly disposed of. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious and properly drained surface.
(8)
Lot area: two acres minimum; 20 acres maximum.
T.
Kennel.
(1)
All buildings in which animals are housed and all runs shall be located at least 200 feet from all residential lot lines.
(2)
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent principal building.
(3)
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.
U.
Raising of livestock.
(1)
Any livestock shall be kept on property controlled by the operator of the livestock use, with proper confinement measures as necessary.
(2)
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.
(3)
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 Conservation District should be followed.
W.
Mineral extraction.
(1)
Application requirements. A copy of all site plan information that will be required by DEP shall also be submitted to the Borough as part of the zoning application.
(2)
A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted.
(3)
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.
(4)
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.
(5)
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:
(a)
One hundred feet from the existing right-of-way of public streets and from all exterior lot lines of the property.
(b)
One hundred fifty feet from a commercial or industrial building, unless released by the owner thereof.
(c)
Two hundred fifty feet from a residential lot line other than an abandoned dwelling.
(d)
One hundred fifty feet from the lot line of a publicly owned recreation area that existed at the time of the application for the use or expansion.
(6)
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.
(7)
Truck access to the use shall be located to reasonably minimize hazards on public streets and dust and noise nuisances to residences.
(8)
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.
(10)
Conservation District. A soil erosion and sedimentation plan shall be prepared by the applicant and found to be acceptable to the Conservation District.
(11)
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.
(12)
The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents.
X.
Mobile/manufactured home (installed on an individual lot or within a mobile/manufactured home park approved after the adoption of this chapter).
(1)
Construction. Any mobile/manufactured home placed on any lot after the adoption of this chapter shall be constructed in accordance with the 1976 or later Safety and Construction Standards of the United States Department of Housing and Urban Development. (Note: These federal standards supersede the UCC for the actual construction of the home itself.)
(2)
Each site shall be graded to provide a stable and well-drained area.
(3)
Each home shall have hitch, wheels and axles removed.
(4)
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.
(5)
May be constructed so that it may be used without a permanent foundation.
(6)
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 facing. This Subsection X(6) 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.
(7)
The front door of the home shall face onto a public street, except within a mobile home park.
(9)
A mobile/manufactured home shall not be permitted within a state-certified or National Register Historic District.
(10)
The home shall have a roof with a minimum pitch of 3.5:1.
Y.
Mobile/manufactured home park.
(1)
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 240, 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).
(2)
The minimum tract area shall be five 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.
(3)
Density. The maximum average overall density shall be five dwelling units per acre.
(a)
To calculate this density, land in common open space or proposed streets within the park may be included, but land within the one-hundred-year floodplain or that has natural slopes of 15% or greater shall not be included.
(b)
Phases. If an existing mobile home park is to be expanded into an area not previously part of that mobile home park, the maximum density and minimum common open space for the new area shall be considered separately from the previously approved areas of the mobile home park. All expansions to an existing park shall also meet all other provisions of this chapter and other applicable ordinances.
(4)
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.
(5)
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.
(6)
The minimum separation between homes and the edge of an interior street cartway or parking court cartway shall be 25 feet.
(7)
The minimum principal building and accessory building setbacks from exterior/boundary lot lines shall be 40 feet.
(8)
Each home shall comply with the above requirements for mobile/manufactured homes in this section.
(9)
Accessory structures. A detached accessory structure or garage shall be separated a minimum of 15 feet from any dwelling units which the accessory structure is not accessory to.
(10)
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.
(11)
Streets.
(a)
Access to individual mobile home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.
(b)
Streets within the mobile home park that provide access to reach 20 or more dwellings shall have a minimum paved cartway of 24 feet, and other local private streets or parking courts serving less than 20 homes shall have a minimum paved cartway of 20 feet.
(c)
Curbs and sidewalks are not required on the private streets, but all private streets shall meet all other Borough cartway construction standards.
(12)
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.
(13)
The following provisions shall apply to mobile/manufactured home parks that lawfully existed prior to the adoption of this chapter:
(a)
The number of dwelling units shall not be increased, except in compliance with all of the provisions of this subsection.
(b)
One or more existing mobile/manufactured home(s) may be replaced with a different mobile/manufactured home as a permitted-by-right use without meeting all of the requirements of Subsection Y, provided that all of the following requirements are met:
[Amended 7-6-2020 by Ord. No. 5-20]
[1]
The perimeter building setbacks of the property shall not be reduced from what previously existed, except as is necessary to accommodate a maximum sixteen-foot-wide, seventy-six-foot-long single dwelling or a maximum twenty-eight-foot-wide, seventy-six-foot-long double dwelling where a more narrow or shorter dwelling previously existed. Notwithstanding the foregoing, in no case shall the perimeter building setbacks of the property be reduced below 20 feet.
[3]
A minimum setback of 15 feet shall be maintained between the enclosed walls of each dwelling unit.
CC.
Place of worship.
(1)
Minimum lot area: 25,000 square feet, outside of the CBD District.
(2)
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 day-care center or adult day-care center are permitted on the same lot as a place of worship, provided 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.
(3)
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.
DD.
Recreation, indoor and outdoor.
(1)
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.
(3)
Any swimming pool shall meet the requirements for such use, as stated in this article.
(5)
Indoor recreation uses within the LI and CI Districts shall be authorized only in buildings constructed before 1980, and the area devoted to indoor recreation uses on any single lot shall not exceed 20,000 square feet.
EE.
Recycling collection center.
(1)
This use shall not be bound by the requirements of a solid waste disposal facility.
(2)
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.
(3)
Adequate provision shall be made for movement of trucks if needed and for off-street parking.
(4)
A twenty-foot-wide buffer yard with screening as described in § 270-113 shall be provided between this use and any abutting residential lot line.
(5)
This use may be a principal use 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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
FF.
Residential conversions. See Subsection N, Conversion of an existing building, within this section.
GG.
Restaurants.
(2)
See § 270-63D(4), Drive-through facilities.
(3)
Drive-through service shall only be provided where specifically permitted in the applicable district regulations.
HH.
Retirement community.
(2)
The use shall be served by both public water and public sewage services.
(3)
A retirement community shall only include the following uses:
(a)
Assisted living facility/personal care center.
(b)
Nursing homes.
(c)
Single-family detached dwellings.
(d)
Semi-detached or two-family dwellings.
(e)
Townhouse/row house dwellings.
(f)
Apartments.
(g)
Dining, community center and recreation uses that are clearly accessory to the residential uses and that are limited to use by the residents and employees of the development and their invited guests.
(h)
Retail and personal service uses that are clearly accessory to the residential uses and are intended to primarily serve the needs of residents and employees of the development and their invited guests, and provided that such uses shall not have individual exterior entrances but instead shall be integrated into a principal building, and provided that no establishment shall exceed 3,000 square feet of floor area.
(i)
Adult day-care center.
(4)
Density and lot requirements.
(a)
The minimum lot area for a retirement community shall be whichever of the following is greater:
[1]
Five acres; or
[2]
The total of 1.5 multiplied by the following square feet per each type of unit:
[a]
Assisted living or nursing facility bed: 2,000 square feet.
[b]
Single-family detached dwelling unit or semi-detached dwelling unit in the over-and-under configuration: 6,000 square feet.
[c]
Semi-detached dwelling unit in the side-by-side configuration: 4,000 square feet.
[d]
Townhouse dwelling unit: 3,000 square feet.
[e]
Apartment dwelling unit: 3,000 square feet.
(b)
The maximum density shall be determined based upon the following formula:
[(number of assisted living/nursing facility bed units x 2,000 square feet) + (number of single-family detached units x 6,000 square feet) + (number of single-family semidetached units x 4,000 square feet) + (number of townhouse units x 3,000 square feet) + (number of apartment units x 3,000 square feet)] x 1.50 |
(c)
The overall density of a retirement community shall not exceed 15 units per acre. Each two assisted living/personal care beds shall be considered equivalent to one dwelling unit for the purposes of overall density.
(d)
Minimum lot width: 200 feet.
(e)
Yard requirements. All buildings within the retirement community shall be set back a minimum of 50 feet from perimeter lot lines and/or rights-of-way of public streets that are boundaries of the property. The following are minimum interior yard requirements between building facades:
(f)
Not less than 20% of the parcel to be developed as a retirement community shall be preserved as common open space. Common open space shall meet the requirements of and shall be reserved in accordance with this section and the definition of "open space, common."
(g)
Maximum height for all buildings shall be 35 feet; provided, however, that the maximum height of a building may be increased to 45 feet if the building shall be set back from the required front yard, side yard or rear yard setback at least one additional foot for each two feet of building height in excess of 35 feet. In no case shall any building exceed 2.5 stories.
(h)
Maximum building coverage shall be 35%.
(i)
Maximum impervious coverage shall be 50%.
(j)
Ancillary support and community services and facilities, clearly and primarily intended to serve residents of the retirement community and their guests, shall be limited to chapels or religious meeting places, recreational/activities facilities, kitchen/dining services and facilities, wellness centers, gift shops, snack bars, meeting rooms, barbershops/beauty salons, libraries, laundry, vehicle maintenance shops/garages for retirement community use, child day-care centers and adult day-care centers, medical and therapy services and facilities, home care services and facilities and other support and community services similar in nature. Such services and facilities shall be designed and constructed integrally with and managed as part of the retirement community, and said facilities may not exceed 10% of the total gross acreage.
(k)
Lighting facilities shall be provided and arranged in a manner which shall protect the street and neighboring properties from any direct glare or hazardous interference of any kind. No freestanding outdoor light fixture shall be placed at a height greater than 20 feet.
(l)
The applicant shall demonstrate compliance with all requirements of all commonwealth, county and federal agencies having jurisdiction.
(m)
Signs shall be uniform in design and style throughout the retirement community. Signs that are not readable from the exterior of the retirement community shall not be regulated in size and/or number by this chapter. The size, type and number of all signs which are readable from the exterior of the retirement community shall comply with Article VII. In no case shall more than one freestanding sign be permitted per each abutting street. No sign shall be internally illuminated. All signs shall comply with all applicable provisions of Article VII, except as specifically modified by this subsection.
(n)
Landscaping. See § 270-113 and § 270-114. Landscaping shall be an integral part of the retirement community. Landscape plans must be sealed by a registered landscape architect licensed in the Commonwealth of Pennsylvania. Yards and passive recreation and common areas shall be fully landscaped. There shall be a composition of small, intimate, private yards and court areas for a variety of passive activities. A variety of trees, shrubs, perennial and annual plants and flowers shall be used. The locations and species of trees shall be subject to approval by the Borough. The Zoning Officer shall permit existing healthy trees that will be preserved and protected to be credited towards the number of trees required to be planted.
(o)
Safety shall be emphasized in the design of the retirement community. Particular attention shall be given to pedestrian use. Vehicular circulation drives shall be separated from pedestrian walks which shall be provided. If the retirement community is within 100 feet of an existing walking and/or bicycle path, the retirement community shall connect to such path. Abrupt grades of over 10% shall be avoided, or all such changes in grades in the walk system shall be accomplished by the use of ramps.
(p)
A retirement community shall meet all the same requirements that would apply to a residential development within the applicable district, except for those provisions that are not specifically modified by this section.
II.
School, public or private, primary or secondary.
(1)
Minimum lot area: 20,000 square feet, except two acres if 100 students or over.
(2)
No children's play equipment, basketball courts or illuminated recreation facilities shall be within 25 feet of a residential lot line.
(3)
The use shall not include a dormitory unless specifically permitted in the district.
JJ.
Self-storage development.
(1)
All storage units shall be of fire-resistant construction.
(2)
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.
(3)
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.
(4)
Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or accessways.
(5)
The use shall not include a commercial auto repair garage unless that use is permitted in the district and the use meets those requirements.
(6)
Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.
(8)
Minimum separation between buildings: 20 feet.
KK.
Solid waste transfer facility.
(1)
All solid waste processing and storage shall be kept a minimum of 150 feet from all of the following features: public street right-of-way, exterior lot line or creek or river.
(2)
All solid waste processing and storage shall be kept a minimum of 300 feet from any dwelling that the operator of the transfer facility does not own.
(3)
The applicant shall prove to the Zoning Hearing Board that the use will have adequate access for fire-fighting purposes and will not routinely create noxious odors detectable off of the site.
(4)
The use shall not include any incineration or burning.
(5)
All solid waste processing and storage shall occur within enclosed buildings or enclosed containers. All unloading and loading of solid waste shall occur within an enclosed building and over an impervious surface that drains to a holding tank that is adequately treated.
(6)
The use shall be surrounded by a secure fence and gates with a minimum height of eight feet.
(7)
The use shall have a minimum lot area of five acres, which may include land extending into another municipality.
(8)
The use shall be operated in a manner that prevents the attraction, harborage or breeding of insects, rodents or other vectors.
(9)
An attendant shall be on duty during all times of operation and unloading.
(11)
Tires. See § 270-63D(8), Outdoor storage and display.
(12)
No radioactive, chemotherapeutic, infectious or toxic materials shall be permitted on site.
LL.
Swimming pool, nonhousehold.
(1)
The water surface shall be set back at least 50 feet from any existing dwelling.
(2)
Minimum lot area: one acre.
(3)
Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by a buffer yard meeting § 270-113.
(4)
The water surface shall be surrounded by a secure, well-maintained fence at least six feet in height.
(5)
Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property.
MM.
Target range.
(1)
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.
(2)
The design of the outdoor firearms target range shall be compared by the applicant with any applicable published guidelines of the National Rifle Association.
(3)
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.
(4)
An outdoor firearms target range shall be properly posted.
(6)
An indoor firearms target range shall be adequately ventilated and/or air conditioned to allow the building to remain completely enclosed.
NN.
Townhouses/row houses.
(1)
Maximum number of townhouses attached in any manner: eight.
(2)
Paved area setback.
(a)
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 10 feet from any dwelling.
(b)
Townhouse and rowhouse off-street parking shall be located in rear or side yards. Parking shall not be permitted in the front yard.
(c)
Two off-street parking spaces are required for every one townhouse or rowhouse. Garages may be used toward one off-street parking space. For every two units, one additional off-street parking space is required in a shared parking area or common area to be used by visitors and residents of the townhouses and rowhouses.
(3)
Garages. All townhouses shall be designed so that garages and/or carports are not an overly prominent part of the view from public streets. 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.
(4)
Mailboxes. Any mailboxes provided within the street right-of-way should be clustered together in an orderly and attractive arrangement or structure for apartments. Individual freestanding mailboxes of noncoordinated types at the curbside are specifically discouraged.
(5)
Access. Townhouse buildings shall not have direct driveway access onto arterial or collector streets.
(6)
Emergency services. An applicant for a townhouse development shall prove to the Borough at the time of plan submittal that a townhouse building or development consisting of multiple townhouse buildings has been designed in a manner acceptable for the access and maneuvering of emergency apparatus. The applicant shall provide comments from local emergency service providers to satisfy this requirement.
OO.
Treatment centers.
(2)
The applicant shall provide a written description of all types of persons intended to occupy the use during the life of the permit. Any future additions to this list shall require an additional special exception approval.
(3)
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.
(4)
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.
(5)
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.
(6)
Any such use shall be set back a minimum of 600 feet from any existing treatment center.
PP.
Veterinarian offices (includes animal hospital).
(1)
Minimum lot area: 15,000 square feet.
(2)
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.
(3)
Outdoor animal runs may be provided for small animals for use between 8:00 a.m. and 8:00 p.m., provided 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.
(4)
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.
QQ.
Principal wind energy systems.
(1)
The layout, design, and installation of principal wind energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the UCC and with all other applicable fire and life safety requirements. The manufacturer's specifications shall be submitted as part of the application.
(2)
Principal wind energy systems shall not generate noise which exceeds 55 decibels nor 10 decibels above ambient noise in any one hour, whichever is higher. Noise is measured from the property line of the closest neighboring inhabited structure or nearest habitable structure setback on abutting property. The ambient sound measurement, known as "A-weighted sound level," is taken where the noise from the wind turbine cannot be heard, or with the wind turbine shut down. The ambient sound level shall be considered the level that is exceeded 90% of the time when the noise measurements are taken. The fifty-five-decibel or ten-decibel level may be exceeded during short-term events such as utility outages and/or severe wind storms.
(3)
All on-site utility and transmission lines shall be placed underground.
(4)
All principal wind energy systems shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Manual regulation by wind energy system personnel shall not be considered a sufficient braking system for overspeed protection.
(5)
Principal wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA).
(6)
Wind turbines and towers shall not display advertising, except for reasonable identification of the principal wind system's manufacturer. Such sign shall have an area of less than four square feet.
(7)
Wind turbines and towers shall be a nonobtrusive color such as white, off-white or gray.
(8)
All principal wind energy systems shall, to the extent feasible, be sited to prevent shadow flicker on any occupied building on adjacent property.
(9)
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.
(10)
All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
(11)
No portion of any principal wind energy system shall extend over parking areas, access drives, driveways or sidewalks.
(12)
All principal wind energy systems shall be independent of any other structure and shall be located a minimum distance of 1.1 times the turbine height from any inhabited structure, property line, street right-of-way, or overhead utility line.
(13)
The minimum height of the lowest portion of the wind turbine shall be 30 feet above the ground.
(14)
All mechanical equipment of principal energy systems, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, and provided with screening in accordance with the screening and landscaping requirements of this chapter (see § 270-113), and the wind turbine's climbing apparatus shall be limited to no lower than 12 feet from the ground or the wind turbine's climbing apparatus shall be fully contained and locked within the tower structure.
(15)
The applicant shall submit a plan for the removal of the principal wind energy system when it becomes functionally obsolete or is no longer in use. The principal wind energy system owner is required to notify the Borough immediately upon cessation or abandonment of the operation. The owner shall be responsible for the removal of the facility within six months from the date the applicant ceases use of the facility or the facility becomes obsolete. At the time of issuance of the permit for the construction of the principal wind energy system, the owner shall provide financial security in form and amount acceptable to the Borough to secure the expense of dismantling and removing said structure.
RR.
Principal solar energy system.
(1)
The layout, design, and installation of principal solar energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the UCC and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
(2)
For purposes of determining compliance with lot coverage standards of the zoning district, the total surface area of all ground-mounted and freestanding solar collectors including solar photovoltaic cells, panels, arrays, and solar hot air or water collector devices shall be considered impervious. Panels mounted on the roof of any building shall be subject to the maximum height regulations specified within each zoning district.
(3)
Design and installation.
(a)
All on-site utility and transmission lines shall, to the extent feasible, be placed underground.
(b)
All principal solar energy production facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.
(c)
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(d)
All mechanical equipment of principal solar energy systems including any structure for batteries or storage cells, shall be completely enclosed by a minimum of eight-foot-high fence with a self-locking gate, and provided with screening in accordance with the screening and landscaping requirements of this chapter (see § 270-113).
(4)
The applicant shall submit a plan for the removal of the principal solar energy system when it becomes functionally obsolete or is no longer in use. The principal solar energy system owner is required to notify the Borough immediately upon cessation or abandonment of the operation. The owner shall be responsible for the removal of the facility within six months from the date the applicant ceases use of the facility or the facility becomes obsolete. At the time of issuance of the permit for the construction of the principal solar energy system, the owner shall provide financial security in form and amount acceptable to the Borough to secure the expense of dismantling and removing said structure.
SS.
Communication antennas, towers, and equipment located within a public or private street right-of-way.
[Added 6-5-2017 by Ord. No. 2-17]
(1)
Communication antennas, towers, and equipment shall be permitted by special exception within the rights-of-way of public or private streets only within the Light Industrial (LI) Zoning District, Campus Industrial (CI) Zoning District, and General Industrial (GI) Zoning District, and only if the communications tower, antenna, and equipment meet all of the following requirements:
(a)
Towers and equipment prohibited in areas served by underground utilities. No communications antennas, towers or equipment shall be installed within a public street right-of-way or a private street right-of-way where utility facilities serving lots abutting such street are located underground. Communications antennas, towers, and equipment shall be installed only within rights-of-way of streets where there are utility poles and overhead wires existing on June 5, 2017.
(b)
Co-locations. An application for a new communications tower in a street right-of-way shall not be approved unless the Borough finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a communications tower shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
(2)
Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications towers in the public street right-of-way based on public safety, traffic management, physical burden on the public street right-of-way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.
(3)
Equipment location. Communications towers and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic or to otherwise create safety or health hazards to residents, pedestrians and/or motorists, or to otherwise inconvenience the public use of the public street right-of-way as determined by the Borough. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.
(b)
Ground-mounted equipment that cannot be installed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.
(c)
All required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.
(d)
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 30 business days of notice of the existence of the graffiti.
(e)
Any underground vaults related to communications towers shall be reviewed and approved by the Borough.
(4)
Design regulations.
(a)
The communications antennas and communications tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval by the Borough.
(b)
Any substantial change to an existing communications tower shall require approval of the Borough.
(c)
Any proposed communications tower shall be designed structurally, electrically, and in all respects to accommodate both the applicant's antennas and comparable antennae of future users, including antenna for public safety needs by emergency responders.
(d)
The height of any communications tower shall not exceed 40 feet. Any height extension to an existing communications tower shall require an additional special exception. Guy wires are not permitted. Any communications tower shall be self-supporting.
(5)
Additional antennae. The applicant shall allow and encourage other service providers to co-locate antennae on communications towers where technically and economically feasible. The owner of a communications tower shall not install any additional antennae without obtaining the prior written approval of the Borough.
(6)
Relocation or removal of facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, the owner of a communications tower and/or equipment in the public street right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications tower and/or equipment when the Borough, consistent with its police powers and applicable Public Utility Commission regulation, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way.
(b)
The operations of the Borough or other governmental entity in the right-of-way.
(c)
Vacation of a street or road or the release of a utility easement.
(d)
An emergency as determined by the Borough.
(7)
Compensation for public street right-of-way use. Every communications tower and/or communications equipment in the public street right-of-way is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the public street right-of-way. Such compensation for public street right-of-way use shall be directly related to the Borough's actual public street right-of-way management costs including, but not limited to, the cost of administration and performance of all reviewing, inspecting, permitted, supervising and other public street right-of-way management activities by the Borough. The owner of each communications tower and/or communications equipment shall pay an annual fee to the Borough to be established by an agreement or resolution.
(8)
The owner and/or lessee of any communication antennas, towers, and equipment located within a public right-of-way shall be required to provide a certificate of insurance to the Borough providing evidence of liability insurance of not less than $1,000,000 and naming the Borough as an additional insured on the policy or policies of the owner and/or lessee.
§ 270-63 Accessory uses.
A.
General. Accessory buildings, structures or uses that are clearly customary and incidental to a permitted by right, special exception or conditional use are permitted by right, except as is provided for in this chapter. A business shall only be conducted as an accessory to a dwelling if specifically permitted by this chapter.
B.
Accessory setbacks. The accessory setback requirements of the applicable district shall apply to every accessory building, structure or use unless a standard that is clearly meant to be more restrictive or less restrictive is specifically stated in this article for a particular accessory use. Accessory structure setback requirements shall not apply to permitted surface parking lots, fences or permitted accessory signs.
C.
Front yard setback. No accessory structure, use or building shall be permitted in a required front yard in any district, unless specifically permitted by this chapter.
D.
Special standards. Each accessory use shall comply with all of the following standards listed for that use:
(1)
Antenna, standard (includes amateur radio antenna).
(a)
Height. No standard antenna, including its supporting structure, shall have a total height above the average surrounding ground level of greater than 75 feet.
(b)
Anchoring. An antenna shall be properly anchored to resist high winds.
(c)
Support structures.
[1]
Amateur radio antenna support structures shall be installed in compliance with the manufaturer's instructions. Amateur radio antenna support structures may be modified in accordance with the manufacturer's specifications or under the seal of a registered engineer of the Commonwealth of Pennsylvania.
[2]
The amateur radio antenna support structure shall be fitted with an appropriate anticlimbing device. An effective device can be made by smoothly enclosing the bottom eight-foot area of the structure with at least five feet of treated plywood, a small mesh screen or sheet metal that prevents access to climb up the structure. Where guy wires and anchors may present an obstruction to walking, running or a passerby, the wires and/or anchor shall be contained in a brightly colored plastic sleeving to alert passing people of their existence.
[3]
Amateur radio antenna support structures (including guy wires, foundations, anchors, and other components of the structure) shall not be permitted in required front yards. Towers shall be set back from any property lines or street edges at a distance that is equal to the height of the tower.
(d)
Maximum per lot. No more than two amateur radio antenna support structures shall be permitted on any lot.
(e)
Removal. Upon the amateur radio operator's cessation of ownership rights in the amateur radio antenna support structures, or upon the loss of his or her federal amateur radio operator's license (whichever shall occur earlier), the amateur radio operator and, if different, the owner of the lot on which the amateur radio antenna support structure is located shall safely remove all amateur radio antenna support structures at no expense to the Borough. All such facilities shall be completely removed within 60 days of the amateur radio operator's cessation of ownership rights in the amateur radio antenna support structures, or upon the loss of his or her federal amateur radio operator's license (whichever shall occur earlier).
(2)
Keeping of bees.
(a)
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.
(b)
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.
(3)
Child day-care, as accessory to a dwelling.
(b)
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.
(c)
The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic improvements.
(d)
Any day-care center involving seven or more children shall be considered a principal use and meet the standards of § 270-62 for such use, if permitted.
(e)
The use shall be actively operated by a permanent resident of the dwelling.
(f)
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.
(h)
The use shall comply with any applicable state and federal regulations, including having an appropriate State Department of Human Services (or its successor agency) registration certificate of license, if required by such agency.
(i)
The use shall include a secure fence around any outdoor areas abutting streets that are routinely used for outdoor play.
(4)
Drive-through facilities.
(a)
The proposed traffic flow and ingress/egress shall not cause traffic hazards on adjacent streets.
(b)
On-lot traffic circulation shall be clearly marked.
(c)
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.
(5)
Fences and walls.
(a)
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.
(c)
Fences.
[1]
Front yard. Any fence located in the required front yard of a lot in a residential or CBD District shall:
[a]
Be an open type of fence (such as picket or split rail), with a minimum ratio of 1:1 of open to structural areas.
[b]
Not exceed five feet in height.
[c]
Be constructed entirely of wood (plus any required fasteners and any wire mesh attached on the inside of the fence) or wrought iron or other material that closely resembles wood or wrought iron.
[2]
On a corner lot, a fence or wall shall meet the same requirements along both streets as would apply within a front yard. A fence shall not be required to comply with minimum setbacks for accessory structures.
[3]
Height. No maximum height shall apply to fences that are not within a residential district. A fence located in a residential district in a location other than a required front yard shall have a maximum height of 6.5 feet, except:
[a]
A maximum of height of 12 feet shall be permitted where the applicant proves to the Zoning Officer that such taller height is necessary to protect public safety around a specific hazard.
[4]
Setbacks. No fence shall be built within an existing street or public alley right-of-way. A fence of a dwelling may be constructed without a setback from a lot line in a residential district, but a one-foot or greater setback is recommended to provide for future maintenance of the fence.
[5]
Fence materials. Barbed wire shall not be used as part of fences around dwellings. Electrically charged fences shall only be used to contain farm animals and shall be of such low intensity that they will not permanently injure humans. No fence shall be constructed out of fabric, junk, junk vehicles, appliances, tanks or barrels.
(d)
Walls.
[1]
Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section and are permitted by right as needed in all districts.
[2]
No wall of greater than three feet shall be located in the required front yard in a residential district, except as a backing for a permitted sign as permitted in § 270-94.
[3]
A wall in a residential district outside of a required front yard shall have a maximum height of three feet if it is within the minimum accessory structure setback and six feet if it is not.
[4]
Walls that are attached to a building shall be regulated as a part of that building.
(6)
Garage sale.
(a)
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.
(b)
If accessory to a dwelling, no garage sale as an accessory to a dwelling shall be held on a lot during more than four days total in any 12 consecutive months.
(c)
The use shall be clearly accessory to the principal use.
(7)
Home occupations.
(a)
All home occupations shall meet the following requirements:
[1]
The use shall be conducted primarily by a permanent resident of the dwelling and involve a maximum of one person working on site at any one time who does not reside within the dwelling. A maximum of one nonresident employee shall visit the property on a daily basis or operate a vehicle based at the property.
[2]
The use shall be conducted indoors. No outdoor storage or display related to the home occupation shall be permitted. No changes shall occur to the exterior of a building that would reduce its residential appearance as viewed from a street.
[3]
The use shall occupy an area that is not greater than 25% of the total floor area of the principal dwelling unit. The use shall clearly be secondary to the residential use.
[4]
One off-street parking space shall be required per nonresident employee. In addition, for a general home occupation, the Zoning Hearing Board shall require additional off-street parking if the Board determines it is necessary for customer parking.
[5]
The use shall not require delivery by tractor-trailer trucks.
[6]
The regulations of Subsection D(10) regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.
[7]
No equipment or machinery shall be permitted that produces noise, noxious odor, vibration, glare or electrical or electronic interference detectable on another property. The use shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and amounts typically found on a residential property. The use shall not involve the storage or use of toxic or highly hazardous substances.
[8]
A home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 9:00 p.m. and 7:30 a.m.
[9]
Any tutoring or instruction shall be limited to a maximum of two students at a time.
[10]
A barbershop or beauty shop shall not include any nonresident employees.
[11]
The main office of a medical doctor, chiropractor or dentist shall not be permitted as a home occupation.
[12]
A general home occupation may include one two-square-foot nonilluminated sign as permitted by Article VII. A light home occupation shall not include any sign.
[13]
The Zoning Hearing Board shall deny a general home occupation application, or limit its intensity through conditions, if the Board determines the use would be too intense for the proposed location. In making such determination, the Board shall review the likely amounts of traffic, the types of operations involved and related nuisances, the amount of off-street and on-street parking that is available, the density of the neighborhood, whether the use would be adjacent to another dwelling and setbacks from other dwellings.
[a]
The Zoning Hearing Board may also permit up to three nonresident employees as a special exception if the Board, after considering the above criteria, determines that the property is especially well-suited to a more intense use.
[14]
The use shall not involve manufacturing, other than of custom crafts and sewing. The use shall not involve commercial repair of motor vehicles.
[15]
The use may include sales using telephone, mail order or electronic methods. On-site retail sales shall only be permitted within a general home occupation and if specifically approved as part of a special exception approval. Such retail sales shall be limited to sales that are clearly accessory to an approved barbershop or similar on-site service.
[16]
If more than one home occupation is accessory to a dwelling, the total aggregate impact of the home occupations shall be considered in determining compliance with this chapter.
[17]
A zoning permit shall be required for any home occupation.
(b)
In addition to the requirements listed in Subsection D(7)(a) above, the following additional requirements shall apply to a light home occupation:
[1]
The use shall not involve routine visits to the home occupation by customers or more than one nonresident employee at a time.
[2]
The use shall not involve any signs visible from the exterior of the lot.
[3]
The use shall only involve the following activities:
[a]
Work routinely conducted within an office.
[b]
Custom sewing and fabric and basket crafts.
[c]
Cooking and baking for off-site sales and use.
[d]
Creation of visual arts (such as painting or wood carving).
[e]
Repairs to and assembly of computers and computer peripherals.
[f]
A construction tradesperson, provided that a maximum of one nonresident shall routinely operate from the lot.
[4]
On-site retail sales shall be prohibited.
[5]
Light home occupations shall include everything meeting the definition of no-impact home-based businesses in the MPC.
(8)
Outdoor storage and display (commercial or industrial) as a principal use or accessory use.
(a)
Location. Outdoor storage or displays shall not occupy any part of any of the following:
[1]
The existing or future street right-of-way.
[2]
The sidewalk or other area intended or designed for pedestrian use or a required parking area.
[3]
Notwithstanding Subsection D(8)(a)[1] and [2] above, sidewalk sales shall be permitted as an accessory use to a retail establishment subject to the following:
[a]
Sidewalk sales shall be conducted in front of or adjacent to a retail business by the business owner or proprietor.
[b]
Sidewalk sales shall be limited to four events per calendar year. Each event shall not exceed five consecutive days.
[c]
All displays shall be removed during hours when the retail business is closed.
[d]
Nothing shall be placed on the public sidewalk which will restrict the clear sidewalk width below the width required under the Americans with Disabilities Act or regulations adopted thereunder.
(b)
No such storage or display shall occur on areas with a slope in excess of 25% or within the one-hundred-year floodway.
(d)
Any storage of more than 150 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.
(9)
Keeping of pets.
(a)
This is a permitted by right accessory use in all districts.
(b)
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.
(e)
Animals shall be permitted, provided they do not create unsanitary conditions or noxious odors for neighbors.
(f)
A minimum lot area of two acres shall be required for the keeping of horses.
(g)
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.
(h)
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.
(10)
Residential accessory structure or use. (See definition in Article II.)
(a)
Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 270-47A, unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard, nor within any yard required to be equal in width to a front yard along a street on a corner lot.
(d)
Parking of commercial trucks. The overnight outdoor parking of commercial trucks on a primarily residential lot in a residential district is prohibited, except that one of the following shall be permitted if such vehicle(s) is used by residents of the dwelling to travel to and from work:
[1]
The parking of a maximum of two vehicles, each of up to 12,000 pounds aggregate gross vehicle weight.
[2]
The parking of one vehicle with an aggregate gross vehicle weight of over 12,000 pounds aggregate gross vehicle weight, provided such vehicle is kept a minimum of 30 feet from any dwelling on another lot.
(11)
Swimming pool, household (referred to hereafter as "pool").
(a)
Enclosure around in-ground pools. A new or existing in-ground pool shall be completely surrounded by a secure fence, wall, building or other suitable enclosure not less than four feet in height. This enclosure shall be constructed to make it very difficult for small children to climb up or slip through it. All gates or door openings through such enclosure (other than a door to a building) shall be self-closing and include a self-latching device on the pool side for keeping the gate or door securely closed during times it is not in use.
(b)
Enclosure around aboveground pool. Any existing or new aboveground pool shall include a secure fence, wall, building or other suitable enclosure a minimum of four feet high above the surrounding average ground level. This enclosure may include the walls of the pool itself. Any access ladder shall be able to be raised and locked so that it is a minimum of four feet above the surrounding ground level or otherwise inaccessible to small children when the pool is unattended.
(c)
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 meet requirements of any water or sewer easement.
(d)
Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property. Such method may be subject to approval of the Zoning Officer.
(e)
The Borough does not assume responsibility for guaranteeing to the public that all new and existing pools fully comply with these provisions.
(f)
Residential accessory swimming pools under 24 inches do not need a zoning permit, but must follow the regulations established for "ponds" in this part.
(12)
Telephones or vending machines.
(a)
No outdoor pay telephone and no outdoor coin-operated or credit-card-operated vending machine shall be placed on a public sidewalk in the public right-of-way, except for newspaper/periodical vending, machines. A newspaper/periodical vending machine shall only be permitted on a sidewalk if a four-foot-wide pedestrian path is unobstructed.
(b)
No pay telephone and no coin-operated or credit-card-operated vending machine shall be permitted outdoors as accessory to a dwelling or a vacant lot.
(13)
Unit for care of relative.
(b)
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.
(c)
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. Such 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 relative and then be reconverted to a garage or permitted home occupation area.
(d)
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.
(e)
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.
(f)
Such accessory unit shall not decrease the one-family residential appearance of a one-family dwelling, as viewed from exterior property lines.
(g)
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.
(14)
Alternative energy systems.
(a)
Purpose. The purpose of this section is to encourage alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community, in order to:
[1]
Promote rather than restrict the use of alternative energy systems by creating a clear regulatory path for approving alternative energy systems;
[2]
Create livable communities where development incorporates sustainable design elements such as resource and energy conservation and the use of renewable energy; and
[3]
Encourage alternative energy development in locations where the technology can be environmentally, economically and socially compatible.
(b)
Accessory solar energy systems.
[1]
Zoning districts allowed. Accessory solar energy systems are allowed in all zoning district as an accessory use to a principal use of the lot.
[2]
General requirements.
[a]
An accessory solar energy system shall provide power for only the principal use and customary, accessory uses of the lot on which located. The system shall be solely for the generation of power for use on-site. Excess electric power generated incidentally may be sold to a power utility provider.
[b]
A single assemblage of solar panels, regardless of the number, and supporting equipment constitutes an accessory solar energy system. Conduit and other utility connections are not considered to be a part of the system. More than one system may be installed on a lot.
[c]
An accessory solar energy system shall not display advertising, The manufacturer's or installer's identification and appropriate warning or cautionary notices may be displayed, provided they comply with current sign regulations.
[3]
Development standards.
[a]
Accessory solar energy systems shall only be roof-mounted and located on either a principal or accessory building. Such systems shall not be allowed on a structure constructed or adapted for the purpose of accommodating an accessory solar system.
[b]
Roof-mounted solar panels and shingles shall not exceed the highest peak of a pitched-roof building. The tops of panels may not exceed the height of the parapet or four feet, whichever is less, on a flat-roofed building.
[c]
The accessory solar energy system shall be set back a minimum of three feet from the bottom edge of the building roof.
[d]
All utility connections to the accessory solar system shall be trenched and undergrounded to the point of intersection with the support building, unless the applicant demonstrates to the satisfaction of the Zoning Officer that it is not feasible to trench and underground a utility connection.
[e]
Glare from accessory solar energy systems should be minimized through the use of nonreflective, such as anodized, finishes.
[4]
Construction and permits.
[a]
Accessory solar energy systems require the approval and issuance of a permit by the Zoning Officer prior to the start of construction.
[b]
The design and installation of accessory solar energy systems shall conform to applicable industry standards and the UCC. At the time of application for a building permit, the applicant shall submit manufacturer certificates of design compliance obtained by the accessory solar energy system manufacturer from a reputable certifying organization.
[c]
The applicant for an accessory solar energy system that is to be connected to the power utility grid shall provide written authorization from the power utility provider. Interconnection and net metering shall be in accordance with the policies of the power utility provider.
[5]
Decommissioning.
[a]
If the solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at his/her expense after a demolition permit has been obtained. Removal include the entire structure, including transmission equipment.
(c)
Accessory wind energy systems.
[1]
Zoning districts allowed. Accessory wind energy systems are allowed in all zoning districts as an accessory use to a principal use of the lot.
[2]
General requirements.
[a]
Allowable accessory wind energy systems shall only be the vertical-axis type of wind turbine.
[b]
An accessory wind energy system shall provide power for only the principal use and customary, accessory uses of the lot on which located. The system shall be used solely for the generation of power for use on-site. Excess electric power generated incidentally may be sold to a power utility provider.
[c]
No more than one accessory wind energy system is allowed per lot. A single assemblage of a rotor, gearbox and generator constitutes an accessory wind energy system. Conduit and other utility connections are not considered to be part of the system.
[d]
An accessory wind system shall not exceed 55 decibels under normal operating conditions, as measured at the property line. Sound levels, however, may be exceeded during short-term events out of anyone's control, such as utility outages or severe wind storms.
[e]
An accessory wind energy system shall not display advertising. The manufacturer's or installer's identification and appropriate warning or cautionary notices may be displayed, provided they comply with current sign regulations.
[3]
Development standards.
[a]
Accessory wind energy systems shall only be ground-mounted.
[b]
The maximum height of an accessory wind energy system shall not exceed the maximum allowable height of the zoning district for a principal use.
[c]
Accessory wind energy systems shall be set back from property lines in accordance with the setback requirements of the zoning district for accessory structures or a ratio of 1.3:1 to the maximum height of the accessory wind energy system (i.e., a distance of 1.3 feet for every foot of height of the system), whichever is greater.
[4]
Construction and permits.
[a]
Accessory wind energy systems require the approval and issuance of a permit by the Zoning Officer prior to the start of construction.
[b]
The design and installation of accessory wind energy systems shall conform to applicable industry standards and the UCC. At the time of application for a building permit, the applicant shall submit manufacturer certificates of design compliance obtained by the accessory wind energy system manufacturer from a reputable certifying organization. The submittal shall include the manufacturer's specifications for sound levels under normal operating conditions.
[c]
The applicant for an accessory wind energy system that is to be connected to the power utility grid shall provide written authorization from the power utility provider. Interconnection and net metering shall be in accordance with the policies of the power utility provider.
[5]
Decommissioning.
[a]
If the wind energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at his/her expense after a demolition permit has been obtained. Removal includes the entire structure, including transmission equipment.
(d)
Geothermal energy systems.
[1]
Zoning districts allowed. Closed-loop geothermal energy systems are allowed in all zoning districts as an accessory use to a principal use of the site. Open-loop geothermal energy systems are prohibited within the Borough.
[3]
Development, standards.
[a]
A closed horizontal loop system shall be installed a maximum of 20 feet below the average finished grade of the area in which located.
[b]
A closed vertical loop geothermal energy system shall have proper grout sealing with the following properties:
[i]
High thermal conductivity to allow heat transfer;
[ii]
Low viscosity to allow the grout to wrap around the pipe;
[iii]
Low shrinkage volume to ensure that the grout will not pull away from the pipe; and
[iv]
Low permeability to prevent the migration of antifreeze solution in the event of a line breakage.
[c]
Geothermal energy systems shall be located a minimum of 25 feet from all property lines, except as otherwise specified.
[d]
Geothermal energy systems shall be located a minimum of 100 feet from existing potable water wells and a minimum of 25 feet from any existing septic system.
[e]
Above-ground equipment associated with geothermal pumps shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all minimum accessory structure setbacks required for the zoning district.
[f]
All closed horizontal loop geothermal energy systems shall be properly backfilled, including removal of sharp-edged rocks before backfilling in order to prevent such rocks from coming into contact with the system pipe.
[4]
Construction and permit. The design and installation of geothermal energy systems shall conform to applicable industry standards and the UCC. At the time of application for a permit, the applicant shall submit manufacturer certificates of design and circulating fluid compliance obtained by the geothermal energy system manufacturer from a reputable certifying organization.
[5]
Decommissioning.
[a]
If the geothermal energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at his/her expense after a demolition permit has been obtained in accordance with the following:
[b]
The heat pump and any external mechanical equipment shall be removed; and
[c]
Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with the applicable regulations. The top of the pipe, coil, or boring shall be uncovered and grouted.
(e)
Outdoor hydronic heater.
[1]
Zoning districts allowed. Outdoor hydronic systems are permitted as accessory uses only in the Conservation District and Low-Density Residential District.
[2]
General requirements.
[a]
Only new Phase 2 outdoor wood-fired hydronic heater systems shall be permitted.
[b]
Outdoor hydronic heating systems shall not be operated between May 1 and September 30.
[c]
An outdoor hydronic heater system permitted on or after August 6, 2012, shall have a permanent attached stack with a minimum stack height of 10 feet above the ground that also extends at least two feet above the highest peak of any residence located less than 250 feet from the hydronic heater.
[d]
The use of an outdoor hydronic heater system installed prior to August 6, 2012, shall be discontinued immediately unless it has a permanent attached stack with a minimum stack height of 10 feet above the ground that also extends at least two feet above the highest peak of any residence located less than 500 feet from the outdoor hydronic heater. The use of an existing outdoor hydronic heater system may be continued provided that it is a Phase 2 outdoor wood-fired hydronic heater that conforms to the stack requirements of § 270-63D(14)(e)[2][c].
[e]
Allowable fuels. New or existing outdoor hydronic heater systems shall only use the following fuel types:
[f]
Prohibited fuels: The following items are prohibited as fuel types for outdoor hyronic heater systems:
[i]
Treated or painted wood.
[ii]
Furniture.
[iii]
Garbage.
[iv]
Tires.
[v]
Lawn clippings or other yard waste.
[vi]
Material containing plastic or rubber.
[vii]
Waste petroleum products, including paints, paint thinners or asphalt products.
[viii]
Chemicals.
[ix]
Any hazardous waste.
[x]
Coal.
[xi]
Glossy colored paper.
[xii]
Construction and demolition debris, including plywood or particleboard.
[xiii]
Salt water driftwood.
[xiv]
Manure or animal carcasses.
[xv]
Any other material that may result in harmful or noxious emissions or residue.
[xvi]
Any other material that is recyclable under the Borough regulations.
[4]
Required permits.
[a]
Outdoor hydronic heating systems required the approval and issuance of a zoning permit by the Zoning Officer prior to the start of construction.
[b]
New and existing outdoor hydronic heater systems shall comply with all applicable federal, state and local clean-air regulations.
[c]
The design and installation of outdoor hydronic hearing systems shall conform to applicable industry standards and municipal construction and electric codes. At the time of application for a building permit, the applicant shall submit manufacturer certificates of design compliance obtained by the outdoor hydronic heating system manufacturer from a reputable certifying organization. The submittal shall include the manufacturer's specifications for allowable fuels and maximum levels of emissions.
(15)
Ponds. Decorative ponds or pools with a water depth of less than 24 inches are considered an accessory structure and must be located in the side or rear yard only and must be set back from any property line a minimum of five feet. A pond with a water depth of 24 inches or more shall follow the regulations established for swimming pools contained in this chapter.
(16)
Accessory free libraries.
[Added 6-5-2017 by Ord. No. 2-17]
(a)
Accessory free libraries are allowed in all zoning districts as an accessory use to a principal use of the lot.
(b)
Front yard. Any accessory free library may be located in the front yard of a lot, provided that it meets the following:
[1]
Not to exceed 4.5 cubic feet.
[2]
Be anchored to the ground or otherwise securely attached to something having a permanent location to the ground.
[3]
Not to be housed in an old appliance such as a refrigerator.
[4]
Cannot contain any other such signs on the premises or in the right-of-way to advertise the accessory free library other than a sign on the structure itself.
(c)
Setbacks. An accessory free library may be constructed without a setback from a lot line in all zoning districts provided that it does not: