It is similar to and compatible with the other uses permitted in the zone where the subject property is located;

It is not permitted in any other zone under the terms of this chapter; and

It is in no way in conflict with the general purposes of this chapter.

Building codes. Every dwelling unit shall conform to the applicable requirements of the Pennsylvania Uniform Construction Code, Pennsylvania Act 45 of 1999, or as may hereafter be enacted.[1]

Floodplain development. Every dwelling unit which is to be located in the Flood-Fringe or General Floodplain District shall comply with all applicable District Regulations in Article III and the floodplain management provisions in Article VI of this chapter.

The minimum gross area required for each tract containing a single-family attached dwelling structure shall be as specified in Article III, District Regulations. Single-family attached dwelling structures in the R-3 and C Zoning Districts shall contain no more than six dwelling units per structure, and may contain an unlimited number of dwelling units per structure in the R-4 Zoning District.

Where individual dwelling units of a single-family attached dwelling structure and the land on which the structure is located are proposed to be subdivided and conveyed as separate lots, the following dimensional requirements shall be met. In such cases, the applicant shall submit sufficient documentation along with his subdivision plans which demonstrates that satisfactory arrangements have been made regarding the ownership and maintenance of all common ground or open space not proposed for conveyance. [See also Subsection E(7) below.]

Where individual dwelling units of a single-family attached dwelling structure are proposed to be conveyed independently of any land area, the applicant shall demonstrate that all requirements of the Uniform Condominium Act will be met. [See also Subsection E(7) below.]

Where individual dwelling units of a single-family attached dwelling structure are proposed to be subdivided, whether or not such subdivision includes any land area, all dwelling units contained in the structure shall be part of the proposed division.

Traffic access. Each single-family attached dwelling structure must access onto a public street or onto a private internal street. All new streets or access drives shall be designed and constructed in accordance with the road standards outlined in Chapter 241, Subdivision and Land Development.

Off-street parking facilities. A minimum of two off-street parking spaces shall be provided for each dwelling unit contained in the single-family attached dwelling structure. One additional off-street parking space shall also be provided for every two dwelling units in the structure for visitor parking.

Grading and landscaping. Where excavation or grading is proposed or where existing trees, shrubs or other vegetative cover is to be removed, plans shall be prepared by the developer and submitted to the Borough which illustrate what steps are to be taken to avoid soil erosion. Exposed ground surfaces shall be stabilized or otherwise protected with a vegetative cover. And, where adjacent to existing single-family detached dwellings or other incompatible land uses, buffer yards and/or screening as required by §§ 286-54 and 286-55 of this chapter shall be provided by the developer.

Drainage facilities. All plans for single-family attached dwelling structures shall include topographic information for the site and shall indicate what types of drainage or stormwater management facilities will be installed to handle runoff produced by the new structure. The plans shall also indicate where the drainage is to be ultimately channeled.

Sewage and water facilities. Sewage treatment and water supply for the development shall be provided via public or municipal facilities. The developer shall be responsible for executing all appropriate agreements between himself and the Borough regarding provision of these services.

Solid waste collection, storage and disposal. Arrangements for the collection, storage and disposal of solid wastes generated by the proposed development shall be made by the developer and submitted to the Borough for approval as part of the plan submission process.

Common open space ownership and maintenance. The developer shall submit a plan to the Borough indicating the arrangements to be made for ultimate ownership of and maintenance responsibilities for any common open space/land area associated with the structure (including access drives and driveways). Such plans shall be submitted to the Borough for review and approval as part of the plan submission process. Where no conveyance of land area is proposed, the developer shall submit a copy of his plan for the maintenance of all common open space areas associated with the structure for the Borough's approval. Copies of all approved arrangements shall be included in each deed or lease for a unit in the structure. [See also Subsection F(5) below for open space requirements.]

Arrangement of buildings. Adequate provision must be made for light, air, access and privacy in the arrangement of the buildings to each other. Each dwelling unit shall have a minimum of two exterior exposures.

Emergency access. Building groups must be arranged so as to be readily accessible by emergency vehicles.

Distance between buildings.

Distance between buildings and driveways.

Open space.

The intent of these regulations is to provide an added degree of flexibility in the design and development of land for residential purposes in order to encourage its most appropriate use; to provide for adequate streets, utilities and open spaces; and to preserve the natural and scenic qualities of open areas.

The mixed residential concept is intended to permit diversification in both the location and type of residential structures and to improve circulation facilities and other site qualities while ensuring adequate standards relating to public health, safety and welfare and convenience in the use and occupancy of such structures and facilities.

Minimum tract area requirements. A mixed residential development shall include no less than 1 1/2 contiguous acres of land.

Maximum residential densities. The following maximum gross densities shall apply to all residential units within the proposed development:

Common open space for recreation purposes, either active or passive, shall be an essential and a major element of the plan. A minimum of 25% of the gross tract acreage shall be reserved as open space for the benefit of all residents of the development. Such open space may include areas of land and water, but shall exclude all roads, parking areas, structures, and service lanes. Where possible, such open space shall include the preservation of existing natural features and shall be easily accessible to all units in the development. Portions of the area to be used for recreation shall have suitable physical characteristics, including well-drained soils, gentle topography, and suitable shape and size.

Single-family detached and two-family dwellings shall not cover more than 25% of the total tract acreage.

Single-family attached and multifamily dwelling structures shall not cover more than 35% of the total tract acreage.

Setbacks for single-family detached and two-family dwellings shall be consistent with the neighborhood where such units are to be located. Setback requirements for all types of dwellings shall, however, be recommended by the developer and shall be approved and/or adjusted by the Planning Commission, as deemed appropriate.

Minimum yard area shall also be recommended by the developer and shall be approved and/or adjusted by the Planning Commission as deemed appropriate.

Circulation system design standards.

Off-street parking requirements. A minimum of two off-street parking spaces shall be provided for each dwelling unit contained in the development. One additional off-street parking space shall also be provided for each two dwelling units in the development for visitor parking.

Landscape design standards.

Grading and ground cover requirements. Where excavation and grading are proposed, and/or where existing trees, shrubs and other vegetative cover are to be removed, proper plans shall be presented to the Borough by the developer showing the steps that are to be taken to avoid soil erosion. All exposed ground surfaces shall be stabilized or protected with a vegetative cover, both on a temporary and permanent basis. Prior to commencement of any excavation, all appropriate plans shall be filed and approved by County Conservation District.

Drainage system design standards.

Sewage and water facilities. Sewage treatment and water supply for the development shall be provided via public or municipal facilities. The developer shall be responsible for executing all appropriate agreements between himself and the Borough regarding provision of these services.

Solid waste collection, storage and disposal. Arrangements for the collection, storage and disposal of solid wastes generated by the development shall be made by the developer and submitted to the Borough for approval as part of the plan submission process.

Open space ownership and maintenance responsibilities. Applications for mixed residential developments shall include a proposal indicating the ultimate ownership and maintenance responsibilities for all open space areas. Where such open space is not dedicated to the Borough, or where such dedication is not accepted by the municipality, an agreement which assigns maintenance responsibilities for the open space shall be submitted by the developer and approved by the Borough, recorded with the final plan, and referenced in the deeds or leases for each parcel or dwelling unit in the development.

All structures in their layout and design shall be an integral part of the development and convenient access to and from adjacent areas.

Individual structures shall be related to each other in architectural design, mass, material, orientation and connection to provide a visually and physically integrated development.

Treatment of the sides and rear of all structures within the development shall be comparable in amenity and appearance to the treatment given to street frontage of the same structures.

The design of structures and the parking areas shall take advantage of the topography of the project site and, where appropriate, provide separate levels of access.

All structures shall be oriented to ensure adequate light and air exposures to the rooms within.

All structures shall be arranged so as to avoid undo exposure to concentrated loading or parking facilities wherever possible, and shall be oriented to preserve visual and audible privacy between adjacent structures.

All structures shall be arranged to be accessible to emergency vehicles.

The applicant shall provide the Borough with a petition signed by 51% of the persons owning, residing or doing business within a radius of 1,000 feet of the location of the proposed use, indicating their approval or support for the proposal. The applicant shall make an attempt to contact all property owners, renters, business persons, etc. located within the one-thousand-foot radius and shall supply the Borough with a list of all addresses for which no contact was made. The circulated petition shall have subscribed to it an affidavit attesting the fact that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the persons whose names appear thereon.

The applicant shall demonstrate to the Borough that the proposed use will not adversely affect the safe and comfortable enjoyment of the properties in the neighborhood and will not be detrimental to the general character of the area.

The applicant shall demonstrate to the Borough that the establishment of the proposed use will not be contrary to any program of neighborhood conservation and will not interfere with any program of urban renewal.

A site plan, drawn to scale, showing the tract of ground on which the use is proposed and the location of all buildings or structures existing or to be situated on the site shall be submitted for all new retail establishments.

The applicant shall demonstrate that the proposed use will have no detrimental effect on the character of the area or neighborhood where it is proposed to be located. All applications for such uses shall include details regarding the use of externally broadcast music, public address systems, public announcements, paging and similar activities.

All retail uses shall be provided with public or municipal sewage disposal facilities and a public water supply.

Outdoor lighting associated with the proposed establishment shall be mounted and shielded to eliminate direct or reflective glare on adjacent properties and avoid affecting the vision of passing motorists.

Buffer yards and/or screening shall be provided as required in §§ 286-54 and 286-55 of this chapter, unless required otherwise by the provisions of this article.

All signs used to advertise retail activities shall meet the requirements of Article VIII of this chapter.

Off-street parking and loading areas shall be provided in accordance with the requirements of §§ 286-82 and 286-83 of this chapter. Access to all proposed retail uses shall meet the requirements of § 286-84.

Arrangements for the collection, storage and disposal of solid wastes generated by the commercial use shall be made by the applicant and submitted to the Borough for approval as part of the application for the retail use. Such arrangement shall indicate the type of screening to be used to conceal all such storage facilities.

Applications for retail activities shall also include an indication of the establishment's proposed hours of operation.

No offensive or objectionable noise, vibration, smoke, dust, odor, heat, or glare shall be detected at or beyond the property line of the lot containing the commercial activity.

All vehicles offered for sale or lease must be set back a minimum of 15 feet from the edge of the adjoining street cartway.

No vehicles shall be parked in the right-of-way of any adjacent street or alley.

Accessory uses, such as incidental and minor service and repair, may be permitted where such uses are clearly secondary or incidental to the principal auto sales use. All such accessory uses shall be completely enclosed within a building in order to minimize noise and odor, and there shall be no openings in the walls of any such building where the structure adjoins a residential district.

No automotive service station shall be located with 150 feet of any school, playground, nursing home, church, or place of public assembly.

Gasoline pumps or other fuel-dispensing devices shall be no closer than 25 feet to any street right-of-way line, nor shall fuel oil, propane gas, or other similar substance be stored within 25 feet of a street right-of-way or any property line.

The width of any entrance driveway leading from a public street to the service station shall not exceed 35 feet at its intersection with the curbline or the edge of the street cartway. No two driveways leading from a public street to the service station shall be located within 15 feet of each other at their intersection with the curb or edge of the street cartway.

No major repairs or vehicle painting shall be permitted at an automotive service station; however, minor or incidental service may be provided. Activities such as car washing, waxing, polishing, or greasing shall be carried out within an enclosed structure, and all repair materials, including new, used, discarded or unusable parts of any vehicle, must also be stored within such enclosure.

No outdoor stockpiling of tires nor outdoor storage of trash shall be permitted.

No automotive repair garage shall be located with 150 feet of any school, playground, nursing home, church, or place of public assembly.

Major repair, including engine or body work, painting, upholstering, tire retreading or recapping, and battery work may be permitted at an automotive repair garage. All such activity shall, however, be conducted within an enclosed building where measures can be taken to minimize noise, odor and dust. (Copies of all state- and/or federal-required permits shall be submitted as part of the zoning permit application.)

The applicant shall include an indication of the methods being proposed for storage and disposal of any solvents, paints, or other potentially hazardous materials or substances to be used on the premises as part of his application for an automotive repair garage.

Only vehicles to be repaired in the garage or to be picked up by the vehicle's owner may be stored on the premises. Junked or abandoned vehicles shall not be stored on the lot. Vehicles being stored on-site for more than 48 hours shall be kept within a building or shall be kept within a secure, fenced-in area which is screened from view as set forth in § 286-55 of this chapter.

Where an automotive repair shop is adjacent to a residential use or residential district, a twenty-five-foot buffer yard and screening shall be provided along the entire length of the common property line in accordance with the requirements of §§ 286-54 and 286-55 of this chapter. No parking, storage or structure shall be permitted within this buffer area.

The width of any entrance driveway leading from a public street to the service station shall not exceed 35 feet at its intersection with the curbline or the edge of the street cartway. No two driveways leading from a public street to the service station shall be located within 15 feet of each other at their intersection with the curb or edge of the street cartway.

The applicant shall provide the Borough with a petition signed by 51% of the persons owning, residing or doing business within a radius of 1,000 feet of the location of the proposed use indicating their approval or support for the proposal. The applicant shall make an attempt to contact all property owners, renters, business persons, etc. located within the one-thousand-foot radius and shall supply the Borough with a list of all addresses for which no contact was made. The circulated petition shall have subscribed to it an affidavit attesting the fact that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the persons whose names appear thereon.

The applicant shall demonstrate to the Borough that the proposed use will not adversely affect the safe and comfortable enjoyment of the properties in the neighborhood and will not be detrimental to the general character of the area.

The applicant shall demonstrate to the Borough that the establishment of the proposed use will not be contrary to any program of neighborhood conservation and will not interfere with any program of urban renewal.

More than 5,000 square feet of storage to be wholesaled or distributed;

The use of any delivery vehicle rated at more than a two ton weight capacity; and

The use of any delivery vehicle which would need to block traffic for the purposes of loading or unloading.

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

The business activity shall be conducted entirely within the owner's dwelling and may occupy no more than 25% of the floor area of the residence.

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.

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

The business activity shall 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 shall 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 shall not involve any customer, client, or patient traffic, whether vehicular or pedestrian, pickup, delivery, or removal functions to or from the premises in excess of that normally associated with a residential use.

The business shall not involve any illegal activity.

The home occupation shall be clearly secondary to the principal residential nature or use of the dwelling.

A home occupation shall not in any way alter the residential character of a neighborhood nor in any way adversely affect the safe and comfortable enjoyment of the neighborhood in which the use is located.

The area devoted to the permitted home occupation shall be located wholly within the operator's dwelling.

A home occupation may occupy no more than 25% of the gross floor area of the dwelling, except for family day-care homes, which may utilize the entire dwelling.

Permitted home occupations shall be operated by the members of the family residing on the premises and no other persons shall be employed.

There shall be no exterior display or sign for a home occupation, except as may be permitted in Article VIII, and no outside storage of materials associated with the business shall be permitted on the premises.

No offensive or objectionable noise, vibration, smoke, dust, odor, heat or glare shall be produced or detected at or beyond the property line of the lot containing the home occupation.

The use shall not create any adverse impact on existing traffic or circulation patterns in the neighborhood.

There shall be no selling of a commodity on the premises as part of a home occupation.

A minimum of two additional off-street parking spaces shall be provided for all home occupations.

Every outdoor private swimming pool containing water more than 24 inches in depth shall be completely surrounded by a fence or wall not less than four feet in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Further, such gates and doors shall be designed and maintained in accordance with all applicable building and property maintenance codes.

A dwelling or accessory structure may be used as part of the required enclosure.

The pool shall not be located within any front yard and shall meet all side and rear yard setback requirements established for accessory structures in the district where the use is located.

A temporary zoning permit shall be required for such sales and shall be issued by the Zoning Officer. There will be no charge for this permit.

All such sales shall be limited to two per year per residence.

No sale shall exceed two consecutive days in duration.

Sales shall be limited to the hours of 8:00 a.m. to 6:00 p.m. daily, with no sales conducted on Sundays.

Individuals conducting such events shall comply with all sign regulations contained in Article VIII of this chapter.

A temporary zoning permit shall be required for such activities and shall be issued by the Zoning Officer. There shall be no charge for this permit.

No auction shall exceed two consecutive days in duration.

There shall be no other sales permitted at an auction, except for food that is to be consumed on site.