A fence or wall may be located on a lot line.

Fences and walls shall be durably constructed and well maintained. Fences and walls that have deteriorated parts and materials shall be replaced or removed.

No fence or wall shall be erected in a street right-of-way or other rights-of-way or easements including public or private drainage, utility or access easements, unless otherwise required by this chapter and/or any other chapter in the Codified Ordinances of the Borough of Mountville.

A fence or wall located within a front yard on a corner lot shall not interfere with the clear sight triangle required for a street intersection, driveway or access drive as provided in Chapter 22, Subdivision and Land Development.

Fences and walls, in addition to the applicable standards provided in this section relating to fences and walls, shall also comply with the following:

Walls, in addition to the applicable standards provided in this subsection, shall also comply with the following standards:

The height regulations do not apply to the following structures or projections, provided such structures or projections are set back a horizontal distance at least equal to their height from any property line, are not used for habitable floor space, comply with applicable FAA regulations and are constructed in accordance with the prevailing Uniform Construction Code:[1]

In no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for any use.

In lieu of this section, telecommunications towers, wireless communication facilities, and similar antennas shall be subject to the regulations of Part 6 of this chapter.

Screening and landscaping shall comply with the applicable design and construction standards and requirements of Chapter 22. Deviations from the standards and requirements listed in Chapter 22 that are proposed during the:

Unless otherwise provided in this chapter, for purposes of this section as it relates to the applicable design and construction standards and requirements of Chapter 22, the requirements and standards set forth in this section below and Chapter 22 shall also include all nonresidential, nonagricultural/forestry uses.

Yard Ground Cover.

Landscaping Requirements.

Landscape Screening Strips.

Selection of Plant Materials.

Required plantings shall be maintained permanently in a healthy condition. Any plantings that die or are severely damaged shall be replaced by the current property owner as soon as practical considering growing seasons, within a maximum of 150 days.

Landscaping Setbacks.

Single-family attached, single-family detached, single-family semidetached, and two-family dwelling units shall have a minimum habitable floor area of not less 700 square feet per dwelling unit.

Multifamily dwellings shall have a minimum habitable floor area of not less than 450 square feet per dwelling unit.

All uses not listed in a zoning district shall be prohibited in that zoning district, except as provided for in § 104 of this chapter.

The life of such permit shall not exceed one year, unless authorized by the Zoning Hearing Board.

Temporary structures may be erected in conjunction with a temporary use subject to approval by the Zoning Officer.

Temporary, nontraditional storage units, including those commercially known as "PODS®" or enclosed "containers" of a box trailer with or without wheels, are permitted on a temporary basis, subject to the following criteria:

A permit shall be required and prominently displayed throughout the event.

No more than four events may be held during one calendar year by any one applicant and at any one location.

Parking for the event shall be provided in conformance with § 405.

Temporary structures or uses in conjunction with an active construction project or land development shall be exempt from the provisions of this subsection.

Projections into Required Yards and/or Setbacks.

Yard and Setback Alterations.

Buildings or structures attached to or forming an integral part of a principal building or structure and utilized for an accessory use shall not be considered as accessory buildings or structures and shall conform to all requirements for a principal structure for the zone in which situated.

Accessory buildings, structures or uses shall not be located between the principal building, structure or use and any street right-of-way except for double frontage or reverse-frontage lots, where the accessory structure may be located to the rear of the principal structure. An alley shall not be considered a street right-of-way in this instance.

Setbacks for accessory buildings and structures shall be as follows:

Except as specifically provided for elsewhere in this chapter, the maximum height for all accessory structures shall be 20 feet.

There shall be permitted one accessory dwelling unit for each principal permitted residential single-family dwelling.

The accessory dwelling unit shall be clearly subordinate to the principal dwelling unit.

All accessory dwelling units shall be subject to the following:

All permitted and special exception uses shall be permitted one alternative energy system comprised of the following:

All accessory alternative energy systems shall be designed for private use.

Wind Energy Systems (Including Windmills):

The bed-and-breakfast shall be operated only by members of the immediate family residing therein.

There shall be no more than four guest rooms, and no more than two guests per room.

The maximum stay shall be no more than 30 consecutive days.

Residential dwellings that are converted to a bed-and-breakfast must maintain the appearance of a single-family detached dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall and in no case on a front or side wall facing a street.

Except as may be necessary for purposes of safety in accordance with the preceding subsection, there shall be no major structural change in the exterior of the building in connection with the bed-and-breakfast use.

There shall be no separate cooking facilities in any guest room.

A cottage industry may be for making furniture, a shop for woodworking and arts and crafts, a machine shop, appliance repair, medical and dental labs and other similar uses.

The cottage industry shall be primarily conducted by members of the family who reside in the house; however, there may be no more than two nonresident employees.

Detached buildings used for the cottage industry shall comply with all setback and height requirements for the zoning district in which the use is located.

All cottage industries conducted within the principal building shall not exceed 25% of the total habitable floor area of the building.

The character or external appearance of the dwelling must be that of a dwelling and will not involve any dimensional alteration to any existing building.

The premises must at all times be kept safe, neat and orderly.

The use will not result in an increase in traffic and shall not emit noise, odors, vibration, glare and other nuisances beyond the property boundary.

Two off-street parking spaces shall be provided for visitors and one off-street parking space for each nonresident employee, in addition to those required for the residential use.

The drive-through lane or canopy shall not be located between the principal building and a public right-of-way.

The drive-through lane or canopy may be located in side yard or rear yard setback areas.

No drive-through lane or canopy shall be situated less than five feet from any lot line or located within 20 feet of the street right-of-way.

No canopy shall be less than eight feet six inches above grade.

All signage except clearance or directional signs are prohibited on the canopy.

A family day-care home may be permitted as an accessory use to a single-family detached dwelling.

Up to six children or adults who are not related to the caregiver may receive care in a family day care home.

All family day-care homes shall hold a family care home certificate of registration from the Pennsylvania Department of Human Services in order to legally operate.

All family day-care homes shall conform to 55 Pa. Code, Chapter 3290, Family Day Care Homes, as may be amended from time to time.

No garage and carport shall have a footprint in excess of 1,000 square feet.

All detached garages shall be no closer than 10 feet to the principal dwelling.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business may not involve any illegal activity.

In any zoning district, it is permitted to maintain up to a maximum of three dogs of more than six months of age.

Chickens shall be permitted in the OS, R-1, R-2, and TC Zoning Districts when in compliance with the provisions of this section:

Such stand shall not exceed 400 square feet of gross floor area.

No stand shall be less than 50 feet from an intersection or within 10 feet of any street right-of-way.

No swimming pool shall be located in the front yard. All swimming pools, including all appurtenances, such as aboveground decking, filter and pump, shall be set back at least five feet from the side or rear property lines.

Swimming pools shall comply with the requirements of the most recent version of the International Building Code or International Residential Code (as applicable) as referenced in the Uniform Construction Code adopted by Mountville Borough.

These requirements shall not apply to "kiddie" or "wading" pools and other bodies of water not capable of holding water at a depth of greater than 24 inches of water and do not require a pump or electrical connection.

Water from a pool shall not be discharged directly onto any public right-of-way, or onto or within adjacent property without the owner's consent.

An adult regulated business shall not be permitted to be located within 500 feet of any other adult-oriented business.

An adult regulated business shall not be permitted to be located within 500 feet from the property line of any public or private school, day-care facility, playground or public recreation facility, or house of worship.

An adult regulated business shall not be located within 100 feet of the property line of any residential dwelling or residential zoning district.

No materials, merchandise, film or service offered for sale, rent, lease, loan or for view shall be exhibited, displayed or graphically represented outside of a building or structure.

Any building or structure used and occupied as an adult-oriented business shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service or entertainment are exhibited or displayed and no sale materials, merchandise, film or other offered items of service shall be visible from outside the structure.

No sign shall be erected upon the premises depicting or giving a visual representation of the type of material, merchandise, film, service or entertainment offered therein.

Each and every entrance to the structure shall be posted with a notice of at least four square feet that the use is an adult-oriented business that persons under the age of 18 are not permitted to enter and warning all others that they may be offended upon entry.

The following activities shall not be permitted within or on the grounds of any adult oriented business: sexual intercourse, deviate sexual intercourse as defined by the Pennsylvania Crimes Code,[1] fondling the genitals, or nudity.

The subject property shall have existed in accordance with the following:

The minimum yard setback shall be 30 feet.

The maximum impervious coverage shall be 60%.

The establishment shall be permitted to be open to the public in accordance with the following:

Screening shall be required and is subject to the following criteria:

Parking. Except as hereafter provided, all improved paved access drives, parking lots, parking spaces and aisles shall be designed and constructed in accordance with the applicable provisions of the Chapter 22, Subdivision and Land Development, and the following criteria:

Lighting. All lighting fixtures shall be arranged and shielded to deflect light away from, and prevent objectionable direct lighting and glare onto abutting residential uses or residential zoning districts.

A minimum of one security/safety personnel shall be on-site during the times the facility is open to the public.

Any exterior public address system speakers and amplified sound shall be oriented to direct the sound away from abutting residential uses or residential zoning districts, to the extent feasible.

Sewage facilities shall be provided in accordance with rules and regulations of the Pennsylvania Department of Environmental Protection.

Permitted accessory uses may include retail sales, food/beverage sales and other customarily incidental and subordinate uses only during those times the amusement attraction or haunted entertainment attraction is open and in operation.

The following activities or events are prohibited and shall not be included with any amusement attraction:

Annually, the operator shall submit a written report summarizing the past season's activities, events and dates the facility was open to the public, and potential upcoming season's proposed activities, events and dates the facility is expected to operate. The annual written informational report shall be submitted to the Borough no later than February 28 of each calendar year.

No more than three apartments shall be permitted per single-family dwelling.

No structural alteration of the building exterior shall be made except as may be necessary for purposes of safety. Fire escapes, where required by other regulatory statutes, shall be in the rear of the building and shall not be located on any wall facing a street.

All motor vehicles, automotive parts, refuse, and similar articles shall be stored within an enclosed building or enclosed area not visible from a public right-of-way, excepting a dealership or repair facility may store motor vehicles in operating condition and meeting Pennsylvania inspection requirements outside of a building.

Fuel pumps shall be set back at least 25 feet from any street right-of-way or 50 feet from the street center line, whichever is greater, and 30 feet from all parking areas.

The repair or replacement of automotive structural parts, including paint spraying and body and fender work, must take place within an enclosed area.

There shall be no more than of three guest rooms or suites per boarding/rooming/lodging house with a maximum of six persons.

A boarding house, rooming house or lodging house shall be owner-occupied with the owner of the structure residing on the premises.

All boarding/rooming/lodging houses shall comply with applicable rules and regulations affecting health and safety administered by federal, state or local agencies.

All campsites shall be located at least 50 feet from any side or rear property line and at least 100 feet from any street line.

There shall be no more than 20 camping sites allowed per acre.

Each campsite shall abut an access drive no less than 20 feet in width for two-way traffic and 12 feet in width for one-way access.

Outdoor play areas shall be sufficiently screened and insulated so as to protect neighboring properties from inappropriate noise and other disturbances.

A maximum of one permanent dwelling shall occupy the lot on a year-round basis. No other structure, including tents, travel trailers, and recreational vehicles, shall be occupied on the lot for more than 28 consecutive days and for more than 180 days in any calendar year.

All waste from shower, toilet, and laundry facilities shall drain into a public sewer system.

Campgrounds may include a camp store for sales of routine items to campers, recreational facilities for campers, and other customary campground uses that are incidental and accessory to the principal use.

All car washes shall have direct vehicular access onto an arterial or collector street as designated in the Comprehensive Plan.

Automatic, semi-automatic, and self-service car washes shall be limited to the cleaning and waxing of vehicles.

The lot shall be graded in such a way that process water shall not run off across the lot, onto any adjacent lot, or onto a public street.

Public sewer and water services shall be utilized, and the recycling of gray water is required. Provision for the adequate collection and disposal of greases shall be demonstrated.

All cemeteries shall comply with applicable Pennsylvania laws regarding burial practices and cemeteries.

Cemeteries may include mausoleums, chapels, and storage facilities for maintenance and related equipment.

No burial plots or facilities shall be located in setback areas.

Pet cemeteries must meet all applicable local, state and federal statutes, including but not limited to the Pennsylvania Dead Animal Act, Title 7, SB, Chapter 105, Disposal of Dead Domestic Animals and Animal Waste, Subpart B.[2]

All outdoor recreational areas shall be set back at least 50 feet from any property line abutting a residential dwelling.

Documentation shall be filed with the Borough that the facility meets any applicable licensing requirements and all applicable local, state and federal regulations.

Any outdoor recreation areas shall be secured with a fence and screened from neighboring properties.

Supervisory personnel, as required by local, state or federal regulations, shall be on the premises at all times.

All convenience stores must meet the following area and bulk requirements:

The subject property shall front on and access an arterial or collector road.

For all convenience stores dispensing fuel, the fuel pumps shall be set back at least 25 feet from any street right-of-way or 50 feet from the street center line, whichever is greater, and 30 feet from all parking areas.

The subject property shall be set back at least 300 feet from any lot containing a school, day-care facility, playground, library, hospital or nursing, rest or retirement home.

The applicant must furnish evidence as to how the use will be controlled as to not constitute a nuisance due to noise or littering outside the store.

All structures (including gasoline pump islands, but not permitted signs) and machinery shall be set back at least 50 feet from any street right-of-way line or property line.

Access driveways shall be a minimum of 12 feet in width for each direction or lane of travel. There shall be no more than two access drives per lot intersecting with adjoining streets. The access drives shall be separated by at least 125 feet if located along the same frontage as measured from edge to edge.

A minimum of one parking space for each 75 square feet of gross floor area shall be provided.

Exterior trash/recycling receptacles shall be provided and routinely emptied to prevent the scattering of litter, and the applicant shall furnish and continuously implement a working plan for the cleanup of litter and debris.

All dumpsters shall be located in side or rear yards only; shall be screened from adjoining roads and properties; shall be completely enclosed within a masonry or fenced enclosure equipped with a self-latching gate; shall be set back a minimum of 10 feet from side or rear yards and 50 feet from adjoining residentially used or zoned properties.

All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any adjoining residentially used or zoned properties.

All automated teller machines shall be located, or contain convenient parking spaces, so that the on-site movement of vehicles will not be hampered by those cars belonging to persons using the automated teller machines.

Any exterior microphone/speaker system and external lighting shall be arranged and/or screened to confine impact to the subject property.

Documentation that all applicable federal, state and local permits have been obtained shall be filed with the Borough.

The facility shall be constructed, installed, operated and maintained consistent with all manufacturers' specifications and all applicable federal, state and local permits.

No offensive odor shall extend beyond the property boundaries.

No crematorium shall be located within 500 feet from any residential dwelling.

Documentation shall be filed with the Borough that the facility meets any applicable licensing requirements and all applicable local, state and federal regulations.

Any outdoor recreation areas shall be secured with a fence and screened from neighboring properties.

Supervisory personnel, as required by local, state or federal regulations, shall be on the premises at all times.

The off-street parking requirement may be reduced to one space per unit if the apartments are designed for elderly or handicapped residents and limited to one-bedroom units. All parking spaces shall be located in a central common parking area.

A maximum of two access driveways are permitted to provide access to the common parking area from public streets. Under no circumstances shall parking be permitted at the edges of the development adjacent to existing public streets.

The minimum separation between apartment or condominium buildings shall be 50 feet.

This subsection shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.

A fence no less than eight feet in height shall be installed around all electrical generating facilities.

Copies of all required licenses and permits from applicable federal, state and local governmental agencies shall be filed with the Borough.

The name, address and emergency telephone number for the operator of the electrical generating facility shall be supplied to the Borough.

The facility operator shall provide evidence to the Borough of a certificate of insurance evidencing general liability and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the electric generating facility.

If the facility remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the facility within six months of notice to do so by the Borough.

The owner or operator of the facility shall post security in a form acceptable to the Borough favoring the Borough in an amount to cover removal of the facility and site clean up.

A buffer yard shall be provided in accordance with § 402, Subsection 1A, herein. All buffer yards adjacent to or abutting residential uses or residential zoning districts shall provide a screening of evergreen trees with a minimum eight-foot tree planting height and a minimum planting width of 12 feet between each tree.

The following provisions shall apply to all wind power-generating facilities:

Evidence showing safe access to Borough streets during emergency response must be provided.

Audible and visual warning indicators, whether vehicle-mounted or structure-mounted or freestanding, must be oriented to avoid disruption of residential structures.

All retail sites and games/rides shall be located at least 50 feet from any side or rear property line and at least 100 feet from any street line.

There shall be no more than 20 individual retail sites allowed per acre.

Fairground areas shall be sufficiently screened and insulated so as to protect neighboring properties from inappropriate noise and other disturbances.

A maximum of one permanent dwelling shall occupy the lot on a year-round basis. No other structure, including tents, travel trailers, and recreational vehicles, shall be occupied on the lot for more than 28 consecutive days and for more than 180 days in any calendar year.

All waste from shower, toilet, and laundry facilities shall drain into an approved sewage disposal system approved by the Borough.

Any animals involved in exhibition or show must be suitable prevented from escape from the property.

At least 75% of the displayed inventory of the products sold in a farmers market shall be farm products or value-added farm products.

Unenclosed farmers markets may operate between the hours of 7:00 a.m. and 9:00 p.m. but in no event may a market operate more than three days per week. Setup of market operations shall begin no earlier than 6:00 a.m. and take-down shall end no later than 10:00 p.m.

All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Comprehensive Plan.

All activity and operations of the center, except parking, must be within the facility.

Evidence that the use is in compliance with all applicable federal, state, and local statutes or ordinances and required permits and licenses shall be filed with the Borough.

A crematory may be permitted as an accessory use to a funeral home or mortuary provided the use complies with all provisions for a crematorium set forth in § 404, Subsection 3L.

A golf course, chip-and-putt course or miniature golf course may include a restaurant food stand, pro shop or clubhouse that is incidental and accessory to the principal use.

No fairway, tee box or green shall be located closer than 100 feet to the property line of an existing residential dwelling or to the existing right-of-way line of any public street.

Documentation shall be filed with the Borough that the facility meets the Pennsylvania Department of Public Welfare licensing requirements and all applicable local, state and federal regulations.

Any outdoor recreation or activity areas shall be located in a side or rear yard, secured with a fence, and screened from neighboring properties.

Documentation shall be filed with the Borough that the facility meets the Pennsylvania Department of Aging licensing requirements and all applicable local, state and federal regulations.

Any outdoor recreation areas shall be secured with a fence and screened from neighboring properties.

There shall be adequate supervision by person(s) trained in the field for which the group home is intended. Such adequacy shall be determined by the Pennsylvania Department of Public Welfare.

Any group home involving three or more unrelated persons living in a dwelling unit or that is otherwise required to be licensed or certified under any applicable federal, state or local program shall be certified or licensed, as applicable, as a condition of Borough approval. A copy of any such license or certification shall be filed with the Borough and shall be required to be shown to the Zoning Officer upon request. The group home shall notify the Borough, in writing, within 14 days if there is a change in the type of clients, the sponsoring agency, the maximum number of residents or if an applicable certification/license expires, is suspended or is withdrawn.

For fire and safety purposes, the group home shall register with the Borough its location, sponsoring agency, general type of treatment/care, maximum number of residents permitted and the exact location of the bedrooms of the individuals who need assistance with evacuation in the event of any actual fire. Such information shall be available for public review upon request.

A group home shall not house persons who can reasonably be considered to be a physical threat to others, as determined by the Pennsylvania Department of Public Welfare.

The number of persons who may reside in a group home shall not restrict or include bona fide employees who are needed in the group home to supervise and care for residents.

A minimum of 250 square feet of habitable floor area shall be provided for each occupant.

A common kitchen and dining facility shall be provided, and no cooking or dining facilities shall be provided in individual rooms or suites.

Facility operators shall be responsible for meeting all state and federal licensing and registration requirements and shall provide proof of compliance. Operators shall provide copies of all certificates and licenses to the Borough.

Facility operators shall be responsible for meeting all state and federal licensing and registration requirements and shall provide proof of compliance. Operators shall provide copies of all certificates and licenses to the Borough.

Any outdoor recreation areas shall be secured with a fence and screened from neighboring properties.

Supervisory personnel, as required by local, state or federal regulations, shall be on the premises at all times.

A home occupation may be a barber shop or beauty shop, a pet grooming business, a real estate agent's or insurance agent's office, physician offices, dental offices, attorney offices, bake shops, handcraft shops, or similar uses.

The home occupation shall be primarily conducted by members of the family who reside in the house; however, there may be no more than one nonresident employee.

All home occupations conducted within the principal building shall not exceed 25% of the total habitable floor area of the building.

The character or external appearance of the dwelling unit must be that of a dwelling and will not involve any dimensional alteration to any existing building.

The premises must at all times be kept neat and orderly.

The use will not result in a substantial increase in traffic.

Two off-street parking spaces shall be provided for visitors and a nonresident employee, in addition to those required for the residential use.

Home occupations such as notary public, insurance, tax preparation, and similar uses, where the sole employee is an occupant of the residence, shall provide one off-street parking space for visitors.

A hospital shall have direct vehicular access onto an arterial or collector street as designated in the Comprehensive Plan.

A minimum of two points of access in compliance with the requirements of all applicable local regulations.

A hospital may include various accessory uses that are customarily incidental to and in direct support of the primary health care mission of the hospital, including but not limited to medical and administrative offices, medical laboratory or blood donor station, patient hostel and staff dormitory, ambulance service, pharmacy and gift shop.

The principal and accessory uses comprising the hospital may be located in a single building or may consist of several buildings located on one or more lots.

The required number of parking spaces shall be the sum of the parking requirements for each separate principal and accessory use.

The applicant shall furnish a traffic study based upon the expected number of vehicle trips generated from the proposed use and the current traffic volumes on roads connecting the site with arterial roads. Such study shall comply with applicable Borough ordinances and regulations and identify any resulting traffic congestion or safety problems, as well as mitigation measures.

All hotels and motels with more than 50 rooms shall have direct vehicular access onto an arterial or collector street as designated in the Comprehensive Plan.

The height limit for principal buildings may exceed 45 feet as long as each required setback is increased in width one foot for each additional foot of height over 45 feet to a maximum height of 60 feet.

A restaurant, meeting rooms, ballrooms and other convention-type facilities may be permitted as accessory uses.

Individual guest rooms and suites may include cooking appliances such as coffee makers and microwave ovens.

The applicant shall furnish a traffic study based upon the expected number of vehicle trips generated from the proposed use and the current traffic volumes on roads connecting the site with arterial roads. Such study shall comply with all applicable Borough ordinances and regulations and acceptable to the Borough Engineer; and identify any resulting traffic congestion or safety problems, as well as mitigation measures.

Evidence that the proposed use is a bona fide nonprofit religious organization shall be filed with the Borough.

No refuse shall be deposited, and no building or structure shall be located within 200 feet of the nearest property line.

All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Comprehensive Plan.

All junkyards and similar uses shall be completely surrounded by an eight-foot-high solid fence or wall. Said fence or wall shall not be located in setback areas or within required buffer areas.

All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a screening of evergreen trees with a minimum eight-foot tree planting height and a minimum planting width of 12 feet between each tree.

All kennels shall fully comply with PA Act 225 of 1982 (P.L. 784, No. 225, 3 P.S. § 459-101 et seq.), known as the "Dog Law," as amended.

No kennel or animal shelter shall be located closer than 200 feet from any residential use.

All kennels, fenced enclosures and runs shall be sufficiently screened and insulated so as to protect neighboring properties from inappropriate noise, odor and other disturbances.

All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a fence and vegetative screen consisting of a minimum six-foot-high wall or solid fence; and evergreen trees with a minimum five-foot tree planting height and a minimum planting width of 12 feet.

Provision shall be made for adequate disposal of animal waste.

The boarding of wild and feral animals and animal species considered to be threatened or endangered by the U.S. Fish and Wildlife Service are strictly prohibited.

No refuse shall be deposited, and no building or structure shall be located, within 200 feet of the nearest property line.

All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Comprehensive Plan.

All landfills or similar uses shall be completely surrounded by an eight-foot-high fence so constructed that no opening will be greater than six inches in any dimension. Said fence shall not be located in setback areas or within required buffer areas.

All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a screening of evergreen trees with a minimum eight-foot tree planting height and a minimum planting width of 12 feet between each tree.

All landfills or similar uses shall comply with all applicable requirements of the Pennsylvania Department of Environmental Protection.

All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Comprehensive Plan.

All activity and operations of the establishment, except parking, must be within the facility.

Garments may be collected at off-site pick-up stations for laundering and dry cleaning in this use.

All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Comprehensive Plan.

All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a screening of evergreen trees with a minimum eight-foot tree planting height and a minimum planting width of 12 feet between each tree.

A medical office or medical clinic may include administrative offices, waiting rooms, treatment rooms, pharmacies and dispensaries directly associated with the medical office or medical clinic.

Services provided shall be those that do not require overnight stay.

The facility shall comply with all applicable federal, state, and local regulations and shall be licensed as required by the Commonwealth of Pennsylvania.

Notwithstanding any other provision of law to the contrary and except as provided in Subsection 3LL(2), a methadone treatment facility shall not be established or operated within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.

The provisions of this subsection shall apply whether or not an occupancy permit or certificate of use has been issued to the owner or operator of a methadone treatment facility for a location that is within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.

Notwithstanding Subsection 3LL(1), a methadone treatment facility may be established and operated closer than 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility if, by majority vote, the Mountville Borough Council votes in favor of the issuance of an occupancy permit or certificate of use for said facility at such a location. At least 14 days prior to Borough Council voting on whether to approve the issuance of an occupancy permit or certificate of use for a methadone treatment facility at a location that is closer than 1,000 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the Borough following public notice. All owners of real property located within 1,000 feet of the proposed location shall be provided written notice of said public hearings at least 30 days prior to said public hearings occurring.

This section shall not apply to a methadone treatment facility that is licensed by the Department of Health prior to May 15, 1999.

As used in this section, the term "methadone treatment facility" shall mean a facility licensed by the Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons.

All mineral extraction and processing operations and facilities shall comply with the most current amendment of, but not limited to, the following statutes, as applicable:

All federal and state bills, laws and statutes regulating the extraction and processing of minerals, including but limited to oil and gas.

Evidence of compliance to the applicable statute(s) in Subsection 3MM(1) shall be filed with Borough.

All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Comprehensive Plan.

Structures containing individual storage units shall be limited to one story and shall not exceed 12 feet in height.

Each individual storage unit shall abut a paved access drive.

Access drives shall be at least 15 feet wide.

No storage outside of individual units shall be permitted, except for approved vehicle storage areas.

All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a fence and vegetative screen so as to form a visual barrier consisting of a minimum six-foot-high wall or fence; and evergreen trees with a minimum five-foot tree planting height and a minimum planting width of 12 feet.

The use of individual storage units shall be restricted to household goods and business equipment, supplies, and records. No storage of perishable items or hazardous, explosive, or highly flammable materials, or materials that emit noxious odors shall be permitted.

A self-storage facility may include an office/residence for an on-site manager/care taker as part of the principal use and shall be occupied as a dwelling by only the manager/care taker and his or her family.

The applicant shall furnish a traffic study based upon the expected number of vehicle trips generated from the proposed use and the current traffic volumes on roads connecting the site with arterial roads. Such study shall comply with applicable Borough ordinances and regulations and identify any resulting traffic congestion or safety problems, as well as mitigation measures.

Where a residential use is proposed within a mixed-use building, such residential use shall not be permitted on the street level floor.

Each separate use within a mixed-use building shall be required to apply for separate zoning and occupancy permits.

All applicable provisions of Chapter 22, Subdivision and Land Development, shall be met, including but not limited to roads, water and sewage, and stormwater management.

All motor freight terminals shall have direct vehicular access onto an arterial or collector street as designated in the Comprehensive Plan.

A buffer yard of at least 150 feet shall be provided if adjacent to a residential or institutional use or residential zoning district.

All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a screening of evergreen trees with a minimum eight-foot tree planting height and a minimum planting width of 12 feet between each tree. At maturity, the vegetative screen shall provide an opaque visual barrier.

The applicant shall furnish a traffic study based upon the expected number of vehicle trips generated from the proposed use and the current traffic volumes on roads connecting the site with arterial roads. Such study shall comply with applicable Borough ordinances and regulations and identify any resulting traffic congestion or safety problems, as well as mitigation measures.

If located in or adjacent to a residential district, the museum shall not adversely impact the adjoining residential area in terms of traffic, vehicular access, parking, lighting, signs or any proposed outside activity.

All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Comprehensive Plan.

No nightclub shall be located within 200 feet of a residential dwelling or residential zoning district.

A nightclub shall not be located within 500 feet of any public or private school, day-care facility, playground or public recreation facility, or house of worship.

A nightclub shall be completely enclosed within a building, with no outside music or entertainment.

Nightclubs may offer the retail sale of carry-out beer as an accessory use.

This use does not include an adult regulated business as defined in § 202.

The facility shall have direct vehicular access onto an arterial or collector street as designated in the Comprehensive Plan.

No off-track betting parlor shall be located within 200 feet of a residential dwelling or residential zoning district.

No off-track betting parlor shall be located within 500 feet of any public or private school, day-care facility, playground or public recreation facility or house of worship, or any other off-track betting parlor.

All off-track betting parlors shall comply with the Pennsylvania Horse and/or Harness Racing Commission's Rules and Regulations pertaining to nonprimary locations, as defined therein.

The facility shall be primarily used for the parking of passenger vehicles. The parking of vehicles that weigh more than 6,000 pounds or have a manufacturer's rated seating capacity of more than 15 persons is prohibited except in the I-1 Zoning District.

The facility shall not be used for the sales, repair, or servicing of automobiles.

Not more than 75% of the lot shall be covered with impervious surfaces.

None of the paved area shall be closer than 10 feet from any property line, lot line or street line, except for entrance or exit driveways.

To protect other vehicles and pedestrians in the immediate area, railing, fencing, posts, and chains, or similar protective barriers must be located on the perimeter of the parking areas except at access drives or exits. In addition, there shall be provided a wheel block securely anchored into the ground for each peripheral parking space.

No advertising sign may be located on the facility.

All parking facilities, including spaces and drive aisles shall meet the design and construction standards set forth in § 405 of this Part.

A fence or hedge no less than three feet in height shall be placed sufficient to screen the surface parking lot from all streets and adjacent residential dwellings.

All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Comprehensive Plan.

Passenger transportation terminals may include ticket offices, luggage-checking facilities, lunch counter and similar facilities as accessory uses.

All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a screening of evergreen trees with a minimum eight-foot tree planting height and a minimum planting width of 12 feet between each tree so as to form as visual barrier.

The applicant shall furnish a traffic study based upon the expected number of vehicle trips generated from the proposed use and the current traffic volumes on roads connecting the site with arterial roads. Such study shall comply with applicable Borough ordinances and regulations and identify any resulting traffic congestion or safety problems, as well as mitigation measures.

Documentation shall be filed with the Borough that the facility meets the appropriate licensing requirements and all applicable local, state and federal regulations.

Any outdoor recreation areas shall be secured with a fence and screened from neighboring properties.

Supervisory personnel, as required by local, state or federal regulations, shall be on the premises at all times.

All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Comprehensive Plan.

Except in the Town Center District, all buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a screening of evergreen trees with a minimum eight-foot tree planting height and a minimum planting width of 12 feet between each tree so as to form a visual barrier.

All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Comprehensive Plan.

If the recreational facility includes an accessory indoor amusement area, such use shall comply with applicable amusement attraction standards provided herein.

Where an outdoor recreational facility abuts a residential dwelling or residential zoning district, a fence and vegetative screen shall be provided so as to form a visual barrier consisting of a minimum six-foot-high wall or solid fence; and evergreen trees with a minimum five-foot tree planting height and a minimum planting width of 12 feet.

Outdoor recreational facilities shall be permitted to operate only between the hours of 7:00 a.m. and 10:00 p.m.

All outdoor lighting shall be installed in compliance with the requirements of § 402, Subsection 1E, of this Part.

All restaurants larger than 150 seats when adjacent to, or on the same lot with a shopping center or group of commercial uses, shall use a common access with the other business establishments, if applicable.

Where a drive-through window is proposed, a stacking lane not less than 120 feet shall be provided.

A clearly delineated pedestrian walkway shall be provided between any existing sidewalk and the entrance to the restaurant.

All exterior seating areas shall be separated from all access drives and parking areas by fencing or a landscaped buffer.

Any play areas shall be completely enclosed by a minimum three-foot-high fence.

All portions of the parking area shall be adequately illuminated in compliance with the lighting standards in § 402, Subsection 1E, of this Part.

An exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.

All signage shall comply with Part 5.

An outdoor menu board for drive-through service shall not be considered a sign as long as its predominant use is clearly for listing food items and their costs and it is legible only to persons in the drive-through lane.

Covered trash receptacles shall be provided outside the restaurant for patron use in addition to a plan for the cleanup of litter.

Outdoor storage of trash shall be within an enclosed area and screened from view of adjacent streets, dwellings or residential districts.

Fast-food restaurants, food stands and similar establishments shall not include the sale of alcoholic beverages.

The following information shall be furnished:

All buildings shall be set back at least 100 feet from any abutting property zoned for or in residential use.

All vocational activities including maintenance, repair, rebuilding, and construction training shall be conducted within a completely enclosed building.

Student loading and unloading areas shall be provided on site and arranged so that the students do not have to cross traffic lanes on or adjacent to the site.

The shopping center shall have direct vehicular access onto an arterial or collector street as designated in the Comprehensive Plan.

All retail uses associated with the shopping center but not located within an enclosed building, such as in an interior courtyard, shall be considered a retail store or stores and regulated accordingly.

The applicant shall furnish a traffic study based upon the expected number of vehicle trips generated from the proposed use and the current traffic volumes on roads connecting the site with arterial roads. Such study shall comply with applicable Borough ordinances and regulations and identify any resulting traffic congestion or safety problems, as well as mitigation measures.

Evidence that the ownership of the property is by a nonprofit organization must be furnished.

Hours of operation of a social club are limited to 7:00 a.m. and 2:30 a.m.

Social clubs serving alcohol shall hold a valid license for the premises in which the establishment is located.

Entertainment may be permitted as an accessory use.

All activities of the social club, except parking, shall occur with the facility.

When abutting a residential property, all stables or shelters shall be erected no less than 50 feet of any side or rear property line.

Stables or other shelters shall be provided for the stabling of all horses and maintained in a sanitary manner.

Outdoor illumination shall comply with the provisions of § 402, Subsection 1E, of this Part.

All parking lots and unimproved overflow parking areas shall be set back at least 10 feet from abutting property lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking and/or movement of vehicles across abutting and adjacent properties.

All animal waste shall be regularly cleaned up and properly disposed of in a way that prevents objectionable odor at the site's property line.

In addition to taverns, bars and pubs, the use may include, but not be limited to, beer gardens, cocktail lounges, saloons, and taprooms. A nightclub, where entertainment is the primary use, shall not be included in this definition.

All taverns, bars and pubs shall comply with all state and local codes regulating such establishments, including but not limited to the Liquor Code (Act 21 of April 12, 1951, P.L. 90; as reenacted by Act 14 of June 29, 1987, P.L. 32, 47 P.S. § 1-101 et seq., as amended).

All taverns, bars and pubs shall hold a valid license for the premises in which the establishment is located.

All taverns, bars and pubs, unless the establishment holds a Club (C), Catering Club (CC), or Extended Hours Food (EHF) license from the Pennsylvania Liquor Control Board, shall only operate between the hours of 7:00 a.m. and 2:30 a.m. the following day.

No tavern, bar or pub shall contain less than 300 square feet of usable floor area.

Entertainment may be permitted as an accessory use.

All theaters shall have direct vehicular access onto an arterial or collector street as designated in the Comprehensive Plan.

When this use is adjacent to, or on the same lot with a shopping center or group of commercial uses, it shall use the common access with the other business establishments, if applicable.

All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Comprehensive Plan.

All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a screening of evergreen trees with a minimum eight-foot tree planting height and a minimum planting width of 12 feet between each tree so as to form a visual barrier.

The applicant shall furnish a traffic study based upon the expected number of vehicle trips generated from the proposed use and the current traffic volumes on roads connecting the site with arterial roads. Such study shall comply with applicable Borough ordinances and regulations and identify any resulting traffic congestion or safety problems, as well as mitigation measures.

A minimum lot area of at least three acres shall be required for all veterinarians or animal hospitals treating large animals, including but not limited to cattle, horses, and other livestock.

All buildings in which animals are housed or provided care shall be located at least 200 feet from the property line of a residential dwelling or residential zoning district.

Buildings shall be soundproofed so that sounds outside the building will be minimized and not result in a nuisance.

All kennels, fenced enclosures and runs shall be sufficiently screened and insulated so as to protect neighboring properties from inappropriate noise, odor and other disturbances. All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a fence and vegetative screen so as to form a visual barrier consisting of a minimum six-foot-high wall or solid fence; and evergreen trees with a minimum five-foot tree planting height and a minimum planting width of 12 feet.

All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Comprehensive Plan.

All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a screening of evergreen trees with a minimum eight-foot tree planting height and a minimum planting width of 12 feet between each tree so as to form a visual barrier.

The applicant shall furnish a traffic study based upon the expected number of vehicle trips generated from the proposed use and the current traffic volumes on roads connecting the site with arterial roads. Such study shall comply with applicable Borough ordinances and regulations and identify any resulting traffic congestion or safety problems, as well as mitigation measures.

All permitted and special exception nonresidential uses in the Commercial and Industrial Districts shall be permitted one small wind energy system.

Small wind energy systems shall comply with the following:

Parking shall be reduced where multiple buildings, structures or uses are on the same site or on contiguous sites, have a common parking lot, share customers or have different times of peak usage.

The number of spaces required in a common parking facility shall be reduced by not less than 10% and not more than 25% below the total for each independent use.

A written agreement shall be executed between the record owners of all of the buildings, structures or uses involved and all of the parking areas involved guaranteeing the availability of all parking areas including remote parking areas for the life of the proposed buildings, structures and/or uses.

Required parking shall be calculated for each independent use, and the sum total number of required parking spaces for each separate use shall be provided.

Off-street parking lots shall not be located between the principal building and the street right-of-way, except in the Commercial Zoning District, in which no more than 25% of the required parking spaces may be located in front of the building.

Parking lots are prohibited from being located within the landscaped buffer, as established by this section, along adjoining public roads.

Where parking lots within a development are visible from adjoining public roads, appropriate visual treatments shall be provided to minimize the view of such parking lots. Appropriate visual treatments may include vegetative screens, earthen berms, and/or other visual treatments.

A landscaping strip of no less than five feet in width shall be provided along the perimeter of all off-street parking lots as described in Subsection 3B above. Such landscaping strips may be located within the required setback areas.

Within each landscaping strip shall be planted a mixture of two or more of the following types of vegetation: grass, shrubs, flowering plants, or appropriate street trees.

Suitable breaks in the landscaping strip shall be permitted for access drives to or from a public street.

All off-street parking lots containing 25 or greater parking spaces shall provide a terminal island at both ends of all rows of parking spaces. Each terminal island shall measure at least five feet in width and shall be no less than 3/4 the length of the parking rows.

Minimum Tree Standards. All required trees shall be a minimum of eight feet in height and shall have a minimum caliper of two inches immediately upon planting. The caliper is to be measured at 4 1/2 feet from ground level. Tree species shall be native and have a minimum height when mature of 25 feet.

Maintenance. The applicant shall, within any landscape area, replace any tree or ground cover which dies with another tree or ground cover of the same or similar species, within one year of the death of the original tree or ground cover.

One in every six parking spaces, but not less than one space, must be van accessible.

All accessible parking spaces shall comply with the minimum parking space design standards set by the ADA.

All accessible parking spaces shall be identified with the required signage.

Shall be at least 14 feet wide, 80 feet long, and shall have at least 15 feet of vertical clearance.

Shall provide adequate maneuvering room in compliance with all provisions of this section.

Shall have a paved surface and adequate drainage to provide safe and convenient access during all seasons.

Shall not be constructed between any street right-of-way and front setback line.

Borough Council desires to provide standards for the operation of industrial uses within the Borough in order to protect the health, safety and welfare of Borough residents, workers at such establishments, and visitors to the Borough. Public health and safety shall be maintained through control of noise, vibrations, dust and particulate emissions, sulfur oxides, smoke, odor, toxic matter, detonable materials, fire hazards, glare, heat, radioactive radiation, liquid or solid wastes, and electromagnetic radiation. These items can cause serious danger to the public health and safety if they are not properly handled and limited. For example, excessive noise has been demonstrated to cause hearing loss, and air pollution has been proven to exacerbate respiratory difficulties. The dangers of fire are well known, and the control of substances which create a risk of fire is necessary.

Borough Council also seeks to protect the public health and safety by imposing traffic and access control and landscaping and screening requirements. Traffic and access controls will lessen the possibility of vehicular accidents. Landscaping and screening will provide a barrier to the use and discourage trespassing. The limitation of outdoor storage serves a similar purpose.

Borough Council also seeks to protect the public through the requirement of a plan of access in the event of emergency conditions. This will allow police, firefighters and rescue personnel to gain access to the premises in an efficient and safe manner in times of emergency.

The industrial performance standards contained in this section shall be the minimum standards to be met and maintained by all industrial uses within the Borough.

Industrial uses existing within the Borough on the effective date of this section which do not currently meet and maintain the standards contained herein shall bring their operations into compliance within six months from the effective date of this section. It shall be the responsibility of the owner and/or operator of the industrial use to determine if the industrial use meets and maintains the standards set forth in this section.

The owner and/or operator of any industrial use existing on the effective date of this section shall have the right to appeal a determination that the industrial use does not meet and maintain the industrial performance standards contained herein to the Zoning Hearing Board in accordance with Part 8 of this chapter.

The owner and/or operator of any industrial use shall have the ability to apply to the Zoning Hearing Board for a variance from the industrial performance standards contained in this section. The Zoning Hearing Board shall consider such requests in accordance with Part 8 of this chapter.

All organic rubbish or storage shall be in airtight, vermin-proof containers.

All business, servicing, manufacturing or processing of materials, goods or products is permitted either indoors or outdoors but in compliance with the applicable performance standards.

All business, servicing, manufacturing or processing within 500 feet of a residential zoning district boundary shall be conducted within completely enclosed buildings. All storage within 500 feet of a residential zoning district boundary may be outdoors but shall be effectively screened by a solid wall, fence, or planting so that the materials shall not be visible from the residential zoning district.

All applications for industrial uses must be accompanied by a certification from a registered professional engineer in the Commonwealth of Pennsylvania that the proposed use can meet the performance standards of the appropriate zoning district. Further, the Zoning Officer may employ consultants to evaluate the environmental effects with respect to performance standards.

Noise shall be measured with a sound level meter having an A-weighted filter constructed in accordance with specifications of the American National Standards Institute (ANSI). Measurements are to be made at any point in residential or commercial zoning districts as indicated in Table 4-2.

Impact noise shall be measured using the fast response of the sound level meter. Impact noises are intermittent sounds such as from a punch press or drop forge hammer. Measurements are to be made at any point in residential or commercial zoning districts as indicated in Table 4-2.

Between the hours of 7:00 p.m. and 7:00 a.m., the permissible sound levels in a residential zoning district shall be reduced by five decibels for impact noises.

The following sources of noise are exempt:

Table 4-2 describes the maximum sound pressure level permitted from any industrial source and measured in any adjacent residential or commercial zoning district.

All industrial operations shall be limited by the following standards:

Vibration shall be measured at or beyond any adjacent lot line or residential zoning district line as indicated below, and such measurements shall not exceed the particle velocities so designated. The instrument used for these measurements shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.

The maximum vibration is given as particular velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:

P.V. = 6.28 FxD

P.V. = Particle velocity, inches per second

F = Vibration frequency, cycles per second

D = Single amplitude displacement of the vibration, inches

The maximum particle velocity shall be the maximum vector sum of three mutually perpendicular components recorded simultaneously. Particle velocity in inches multiplied by the frequency in cycles per second.

For purposes of this chapter, steady-state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 60 per minute. Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations.

Between the hours of 7:00 p.m. and 7:00 a.m., all the permissible vibration levels indicated in the previous table for residential zoning district boundaries (Column A) shall be reduced to 1/2 of the indicated values.

The total emission rate of dust and particulate matter from all vents, stacks, chimneys, flues or other opening or any process, operation, or activity within the boundaries of any lot shall not exceed the levels set forth below. Emissions of dust and particulates shall be in accordance with the State of Pennsylvania rules and regulations governing air contamination and air pollution, and, in case of conflict, the most restrictive shall apply.

The emission rate of particulate matter in pounds per hour from any single stack shall be determined by selecting a continuous four-hour period which will result in the highest average emission rate.

Particulate matter emission from materials or products subject to becoming windborne shall be kept to a minimum by paving, oiling, wetting, covering or other means, such as to render the surface wind-resistant. Such sources include vacant lots, unpaved roads, yards and storage piles of bulk material such as coal, sand, cinders, slag, sulfur, etc.

The maximum emission rate of particulate matter from all stacks shall be 3.0 pounds per hour per acre of lot area.

Emission of oxides of sulfur (as sulfur dioxide) from combustion and other process shall be limited in accordance with the following standards.

The oxides of sulfur may be computed from the sulfur analysis in the fuel or from known test data of sulfur oxides emission.

The maximum emission rate of sulfur oxides from all stacks shall be 1.5 pounds per hour per acre of lot area.

For the purpose of grading the density or equivalent opacity of smoke, the Ringelmann Chart as published by the United States Bureau of Mines shall be used. However, the Umbrascope readings of smoke may be used when correlated with Ringelmann's Chart.

The emission of smoke darker than Ringelmann No. 1 from any chimney, stack, vent, opening, or combustion process, is prohibited; however, smoke of a shade not to exceed Ringelmann No. 3 is permitted for up to three minutes total in any one eight-hour period.

Odor thresholds shall be measured in accordance with ASTM E679-04 "Standard Practice for Determination of Odor and Taste Thresholds By a Forced-Choice Ascending Concentration Series Method of Limits" or its equivalent.

Odorous materials released from any operation or activity shall not exceed the odor threshold concentration at or beyond the zoning district boundary line measured either at ground level or habitable elevation.

The ambient air quality standards for the State of Pennsylvania shall be the guide to the release of airborne toxic materials across lot lines. Where toxic materials are not listed in the ambient air quality standards of the State of Pennsylvania, the release of such materials shall be in accordance with the tractional quantities permitted below, of those toxic materials currently listed in the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists (ACGIH). Unless otherwise stated, the measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any twenty-four-hour sampling period.

The release of airborne toxic matter shall not exceed 1/30 of the threshold limit value beyond the zoning district boundary line.

Activities involving the storage, utilization or manufacture of products which decompose by detonation shall be in accordance with the following standards.

Such materials shall include but are not limited to: all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and components thereof, such as dry nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable oxidizing agents such as perchloric acid, perchlorates, and hydrogen peroxide in concentration greater than 35%; and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.

The storage, utilization or manufacture of materials or products which decompose by detonation is limited to five pounds. Quantities in excess of five pounds of such materials may be stored or utilized but not manufactured.

The storage, utilization or manufacture of solid materials which are active to intense burning shall be conducted within walls having a fire resistance no less than two hours or protected by an automatic fire-extinguishing system or the building wall shall be no less than 50 feet from all lot lines. The outdoor storage of such materials shall be permitted no closer than 100 feet from all lot lines.

The storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors shall be permitted only in accordance with this section, exclusive of the storage of finished products in original sealed containers (60 gallons or less), which shall be unrestricted.

The total storage capacity of flammable liquids and gases shall not exceed those quantities permitted in the following table:

Glare. Any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 footcandle when measured in a residential zoning district.

Luminaires. All luminaires for parking areas, walkways, and similar purposes shall be so hooded or shielded so that the maximum angle or the cone of direct illumination shall be 60° drawn perpendicular to the ground, with the exception that such angle may be increased to 90° if the luminaire is less than four feet above the ground. No luminaire may be placed more than 20 feet above the ground, and the maximum illumination at ground level shall not exceed three footcandles.

For the purposes of this chapter, "heat" is defined as thermal energy of a radioactive, conductive, or convective nature. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of 10° F., whether such change be in the air or in the ground, in a natural stream or lake, or in any structure on such adjacent property.

No activities shall be permitted which emit dangerous radioactivity at any point beyond the property line. The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes, shall be in conformance with the regulations of the Nuclear Regulatory Commission as set forth in Title 10, Chapter 1, Part 20, Standards for Protection Against Radiation, as amended; and all applicable regulations of the State of Pennsylvania.

No discharge shall be permitted at any point into any sewage disposal system, or watercourse, or lake, or into the ground, except in accord with standards approved by the Pennsylvania Department of Environmental Protection or other regulating department or agency, of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.

It shall be unlawful to operate, or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, for any other use directly or indirectly associated with these purposes which does not comply with the then-current regulations of the Federal Communications Commission (FCC) regarding such sources of electromagnetic radiation, except that for all governmental communications facilities, governmental agencies and government-owned plants, the regulations of the Interdepartment Radio Advisory Committee (IRAC) shall take precedence over the regulations of the FCC, regarding such sources of electromagnetic radiation. Further, said operation in compliance with the FCC or the IRAC regulations shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious re-radiation, harmonic content, modulation or energy conducted by power or telephone lines. The determination of "abnormal degradation in performance" and "of quality and proper design" shall be made in accordance with good engineering practices as defined in the latest principles and standards of the Institute of Electrical and Electronics Engineers (IEEE), and the Electronic Components Industry Association (ECIA). In case of any conflict between the latest standards and principles of the above groups, the following precedence in the interpretation of the standards and principles shall apply: (1) IEEE; and (2) ECIA.

Screening shall be required in accordance with § 402, Subsection 1D, of this chapter.

Any existing commercial or industrial use shall not be required to comply with the screening requirements except in case of enlargement or major alteration of same.

Outdoor activities and equipment screening. All outdoor industrial use operations, mechanical equipment and other function accessories of each building, such as elevator, penthouses, ventilation pipes, and ducts, water-pressure tanks, heating, air conditioning, and power supply units should have an architectural building material screen or covering which is an integral part of the building envelope and/or which is harmonious with the building design.

Landscaping shall be required in accordance with §402, Subsection 1D, of this chapter.

Within any zoning district other than the I-1 Industrial Zoning District, no less than 5% of any parking area providing more than five off-street spaces shall be landscaped and continually maintained. Within the I-1 Industrial Zoning District, no less than 3% of any parking area providing more than five off-street parking spaces shall be landscaped and continually maintained. Planting along the perimeter of the parking area, whether for required screening or general beautification, will not be considered as part of the required parking area landscaping. In complying with the minimum parking area landscaping requirements, the planting beds must be distributed throughout the parking areas as evenly as possible.

All accessways from any commercial or industrial development or residential land development, cluster development or resort facility to any public street or highway shall be located at least 200 feet from the intersection of any street lines and shall be designed in a manner conducive to safe ingress and egress.

Where possible, exits shall be located on minor rather than major streets or highways. The developer shall be responsible for the construction of any necessary traffic control devices or additional acceleration lanes required in the case of egress onto the street.

Interior drives within any commercial or industrial land development or cluster development shall be designed so as to prevent blockage of vehicles entering or leaving the site.

Areas provided for loading and unloading of delivery trucks and other vehicles, and for the servicing of shops by refuse collection, fuel and other service vehicles shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.

Interior drives shall be clearly marked by adequate painting marking (curbing and signs) so that operations of vehicles intending to patronize such parking areas shall not duly impede traffic as a result of any confusion as to location of entrances and exits and manner of reaching them.

A written plan of access must be provided by the owner in the event of emergency conditions such as fire, assuming the worst condition. All existing uses shall have one year from the effective date of this section to comply with this requirement.

The owner's plan of action for emergency access to the building and/or site shall be submitted to the Borough at the time of submission for a permit.

All industrial uses shall comply with the following:

Commercial uses shall be defined as those uses regardless of location which are specified as permitted uses or uses by special exception in any of the zoning districts of this chapter, including uses of a similar nature not specifically identified in the chapter, but which would be classified as commercial by the Borough Zoning Officer.

Establishments furnishing carts or mobile baskets shall provide definite areas on the site for the storage of said carts which shall be clearly marked and designated for such storage.

All multiple-use commercial centers under single ownership shall have only one freestanding advertising sign. Additional flat wall signs shall be allowed in accordance with the sign regulations of this chapter.

To the greatest extent possible, commercial buildings shall be designed to have 50% of the minimum required landscape area contained between the street right-of-way line and the building face.