Myerstown City Zoning Code
PART 6
ADDITIONAL REQUIREMENTS FOR SPECIFIC USES
§ 27-601 Applicability.
[Ord. 841, 5/22/2017]
1.
This Article establishes additional requirements for certain specific uses, in addition to the other requirements of this Ordinance. Where two requirements directly conflict regarding the same matter, the stricter requirement upon use or development shall apply.
§ 27-602 Additional Requirements for Specific Principal Uses.
[Ord. 841, 5/22/2017]
Each of the following uses shall meet all of the following requirements for that use:
1.
Adult Use. (This is limited to the following: Adult Store, Adult Movie Theater, Massage Parlor, or Adult Live Entertainment Facility)
A.
Purposes. The regulations on Adult Uses are intended to serve the following purposes, in addition to the overall objectives of this Ordinance.
(1)
To recognize the adverse secondary impacts of Adult Uses that affect health, safety and general welfare concerns of the Borough. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to: increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that Adult Uses typically involve insufficient self-regulation to control these secondary effects.
(2)
To limit Adult Uses to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and commercial revitalization.
(3)
To not attempt to suppress any activities protected by the "free speech" protections of the State and U.S. Constitutions, but instead to control secondary effects.
B.
An Adult Use and its parking area shall not be located within any of the following distances, whichever is most restrictive:
(1)
400 lineal feet from an existing dwelling on another lot,
(2)
250 lineal feet from the lot line of any lot in a Residential Zoning District, and
(3)
1,000 lineal feet from the lot line of any primary or secondary school, place of worship, library, public park or playground, recreation trail, day care center or nursery school.
C.
No Adult Use shall be located within 250 lineal feet from any existing "Adult Use."
D.
A 50 feet buffer yard shall be provided along the side and rear lot lines. If such buffer area does not include substantial mature trees that will be preserved, it shall include continuous screening by evergreen trees with an initial height of five feet.
E.
No pornographic material, displays or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.
F.
No Adult Use shall be used for any purpose that violates any Federal, State or municipal law.
G.
Pornographic and sexually explicit signs and displays shall be prohibited that are visible from outside of the premises.
H.
The Adult Use shall not include the sale or display of "obscene" materials, as defined by Pennsylvania criminal law, as may be amended by applicable Court decisions.
I.
An Adult Use shall be prohibited in all Districts except where specifically allowed under Part 4. An Adult Use is a distinct use, and shall not be allowed under any other use, such as a retail store or club.
J.
A minimum lot area of 30,000 square feet is required.
K.
For public health reasons, private or semi-private viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.
L.
No use may include live actual or simulated sex acts nor any sexual contact between employees and entertainers nor between employees or entertainers and customers.
M.
Only "lawful" massages as defined by State court decisions shall be performed in a Massage Parlor. A use that involves massages by State-licensed massage therapists shall be considered a Personal Service Use and not a Massage Parlor.
N.
All persons within any Adult Use shall wear non-transparent garments that cover their genitals and the female areola, except within a permitted lawful "Adult live entertainment facility."
O.
Any application for such use shall state the legal name(s) of an on-site manager responsible to ensure compliance with this Ordinance on a daily basis. A telephone number, official mailing address and email address shall be provided where the on-site manager can be reached during the hours when the business is open. The application shall also include contact information, including the legal name, business phone number and official mailing address for at least one individual who is the primary owner, a corporate official, a partner or the managing staff-person of the business. Such information shall be updated in writing to the Zoning Officer within one business day after it changes.
P.
The use shall not operate between the hours of 12:00 midnight and 7:00 a.m. If State liquor laws require that the Borough allow the sale of alcohol during later hours, the Adult Uses shall still cease at midnight.
Q.
As specific conditions of approval under this Ordinance, the applicant shall prove compliance, where applicable, with the following State laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990 (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.), Act 207 of 1990 (which pertains to obscenity) and Act 120 of 1996 (which pertains to Adult-Oriented Establishments and which limits enclosed viewing booths among other matters).
R.
An Adult Use shall be open to inspections during business hours by Borough code enforcement staff, including health inspectors.
3.
After Hours Club. This use is effectively prohibited by State Act 219 of 1990, as amended (Section 7327 of Title 18 of the Pennsylvania Statutes). If the use is determined to be allowed under State law, then the applicant shall be a special exception use that is only allowed in the HIC district. In such case, the applicant shall prove to the satisfaction of the Zoning Hearing Board that there will be adequate security and noise control measures.
4.
Animal Cemetery.
A.
All the regulations for a "Cemetery" in this Section shall apply.
B.
The applicant shall prove to the satisfaction of the Zoning Officer (or the Zoning Hearing Board in the case of a special exception use) that the use will be conducted in such a manner that the public health and groundwater quality will not be threatened.
5.
Animal Day Care.
A.
This use shall involve providing temporary care and recreation for multiple dogs and household pets. This use shall primarily involve housing the animals indoors within an enclosed air conditioned building that is sound-proofed if the animals will be within 200 feet from an existing dwelling.
B.
This use shall not primarily involve the keeping of animals for more than 24 hours, unless the requirements are also met for a Kennel.
Apartments - See "Townhouses and Apartments" and "Conversions" in this Section.
6.
Assisted Living Facility/Personal Care Home. The standards for "Nursing Homes" in this section shall apply.
7.
Auto, Boat or Mobile/Manufactured Home Sales.
A.
No vehicle, boat or home on display shall occupy any part of the street right-of-way or required customer parking area. See buffer yard provisions in Section 27-1303.
C.
Any mobile/manufactured homes on a sales site shall meet the required principal building setbacks from the perimeter lot lines.
D.
This use shall encompass sales and rental of all types of motor vehicles and trailers, including recreational vehicles.
8.
Auto Repair Garage.
A.
All paint work shall be performed within a building, with a fume collection and ventilation system that directs fumes away from any adjacent dwellings. Outdoor major repairs (such as body work and grinding) and outdoor welding shall not occur within 100 feet of a "residential lot line."
C.
Outdoor storage of motor vehicles shall not be within any required buffer yard or street right-of-way. Motor vehicles shall not be parked on a public sidewalk.
D.
Overnight outdoor storage of "junk" other than permitted vehicles shall be prohibited within view of a public street or a dwelling.
E.
Any "junk vehicle" (as defined by Section 27-1502) shall not be stored for more than 60 days within view of a public street or a dwelling, unless it is actively under repair. A maximum of 10 junk vehicles may be parked on a lot outside of an enclosed building at any one time, unless they are actively under repair. Vehicles shall not be parked on a public sidewalk.
F.
Service bay doors shall not face directly towards an abutting dwelling (not including a dwelling separated from the garage by a street) if another reasonable alternative exits.
9.
Auto Service Station.
A.
See definition of this term and "Auto Repair Garage" in Part 15. The uses may be combined, if the requirements for each are met.
B.
All activities except those to be performed at the fuel or air pumps shall be performed within a building. The use shall not include spray painting.
C.
Fuel pumps shall meet side yard principal building setback requirements.
D.
The regulations for "Auto Repair Garage" in the above subsection shall also apply to an "Auto Service Station."
E.
The use may include a "convenience store" if the requirements for such use are also met.
F.
A canopy shall be permitted over the gasoline pumps with a minimum front setback of 15 feet from each street right-of-way line.
(1)
Such canopy may be attached to the principal building. The canopy shall not include any signs, except for the following: a) signs may be attached to the canopy in place of part of the allowed freestanding or wall sign area for the property, and b) necessary warning signs.
G.
Fuel dispensers shall be setback a minimum of 30 feet from the existing street right-of-way line and 50 feet from any lot line of a lot occupied by a residential use.
H.
Gas station canopies must be designed with luminaries recessed under the canopy to minimize light pollution onto streets and other lots. See also limits on lot line lighting in Part 10.
I.
Gas stations may include a car wash if the requirements for a car wash are also met.
10.
Bed and Breakfast Inn.
A.
Within a Residential District (if permitted under Part 3), a maximum of five rental units shall be provided and no more than three adults may occupy one rental unit. No maximums shall apply within other permitted districts.
B.
One off-street parking space shall be provided for each rental unit. The off-street parking spaces for the Bed and Breakfast Inn shall be located either to the rear of the principal building or screened from the street and abutting dwellings by landscaping.
C.
There shall not be any signs, show windows or any type of display or advertising visible from outside the premises, except for a single sign with a maximum sign area of six square feet on each of two sides and with a maximum height of eight feet. Such sign shall only be illuminated externally and shall use incandescent light or light of similar effect.
D.
The use shall have a residential or historical appearance.
E.
The use shall be operated and/or managed by permanent residents of the lot.
F.
There shall not be separate cooking facilities in any guest room. Food shall only be served to guests who are staying overnight, unless a restaurant is also permitted.
G.
No guest shall reside in the Bed and Breakfast Inn for more than 30 total days in any ninety-day period.
11.
Boarding House (includes Rooming House).
A.
Minimum lot area - 20,000 square feet.
B.
Minimum side yard building setback - 15 feet each side
C.
Minimum lot width - 100 feet
D.
Maximum density - six bedrooms per acre; but in no case shall the lot serve a total of more than 20 persons.
E.
Each bedroom shall be limited to two persons each.
F.
A buffer yard with screening meeting Section 1361.03 shall be provided between any boarding house building and any abutting dwelling.
G.
Note - There are separate standards for an "assisted living facility," which is not considered a boarding house.
H.
Signs - shall be limited to two wall signs with a maximum of two square feet each.
I.
Rooms shall be rented for a minimum period of five consecutive days.
12.
Car Wash.
A.
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. On-lot traffic circulation channels and parking areas shall be clearly marked.
B.
Adequate provisions shall be made for the proper and convenient disposal of refuse. The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals or polluted runoff that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks, spills or polluted runoff.
C.
Water from the car wash operation shall not flow onto sidewalks or streets in such a manner as could cause ice hazards or runoff problems. Wash water shall be properly collected and shall not flow into a waterway. To the maximum extent feasible, water should be recycled.
D.
Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
13.
Cemetery.
A.
Minimum lot area - 1.5 acres, which may be on the same lot as an allowed place of worship.
B.
All structures and graves shall be setback a minimum of: 20 feet from the right-of-way of any public street, 10 feet from the cartway of an internal driveway, and 10 feet from any other lot line. Any buildings with a height greater than 20 feet shall be setback a minimum of 50 feet from all lot lines.
C.
No grave sites and no buildings shall be located within the 100-year floodplain.
D.
The applicant shall prove to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that the use will include an appropriate financial system to guarantee perpetual maintenance.
E.
The interment or spreading of cremated remains are not regulated by this Ordinance.
14.
Crematorium.
A.
Minimum lot area - 30,000 square feet. A crematorium may be on the same lot as a cemetery, provided the requirements for each are met.
B.
A crematorium, where allowed by Parts 3 or 4, shall be setback a minimum of 200 feet from all lot lines of existing dwellings and all undeveloped residentially zoned lots.
C.
Borough zoning approval is conditioned upon receiving a DEP Air Quality Permit. The Zoning Officer shall be notified in writing by the operator of the use within one business day if such State permit is ever suspended or revoked.
15.
Commercial Communications Antennae/Tower as principal or accessory use.
A.
An accessory commercial communications antenna shall be permitted by right in any District if it meets the following requirements:
(1)
In any district, the antenna shall extend a maximum of 20 feet beyond the existing structure to which it is attached. The antenna shall be attached to one of the following existing lawful structures:
(2)
An antenna that extends between 20 feet and 40 feet from the structure to which it is attached shall only be allowed in a Commercial or Industrial District. Such antenna shall not be attached to a dwelling. In such case, the antennae shall be setback a distance equal to its total height above the ground from any lot line of a dwelling on another lot.
B.
Any commercial communications antenna/tower that does not meet Section "A." above (such as a new freestanding tower) shall only be allowed where specifically authorized in Parts 3 or 4, and in compliance with the following additional regulations:
(1)
Such antenna/tower shall be set back from all lot lines and street rights-of-way a distance that is greater than the total height of the antenna/tower above the surrounding ground level. The Borough may permit an easement arrangement to be used without meeting the setback requirement from the edge of the leased area, provided that there are legal safeguards to ensure that the setback will continue to be met over time from a lot line.
(2)
A new tower, other than a tower on a lot of an emergency services station, shall be setback a minimum horizontal distance equal to its total height from any lot used for residential purposes.
(3)
A tower attached to the ground shall be surrounded by a security fence/gate with a minimum height of eight feet and evergreen plantings or preserved vegetation with an initial minimum height of four feet.
(4)
See structural and wind resistance requirements of the Construction Code.
(5)
The applicant shall describe in writing the policies that will be used to offer space on a tower to other communications providers, which shall serve to minimize the total number of towers necessary in the region. This policy shall be designed to minimize the total number of towers necessary in the Borough.
(6)
An applicant for a new commercial communications tower shall provide evidence to the Board that they have investigated co-locating their facilities on an existing tower and other tall structures and have found such alternative to be unworkable. The reasons shall be provided.
(7)
A maximum total height of 200 feet above the ground shall apply in a Commercial or Industrial District and 150 feet in any other district where it may be allowed, unless the applicant proves to the Zoning Hearing Board that a taller height is absolutely necessary and unavoidable.
(8)
The application shall describe any proposed lighting. The Board may restrict the type of lighting used, provided it does not conflict with FAA requirements.
(9)
A new tower shall be designed in a manner that minimizes its visual intrusiveness and environmental impacts to the maximum extent feasible. For example, monopole designs or designs worked into a flag pole are preferred over lattice designs.
C.
Purposes - These provisions for commercial communications antenna/towers are primarily designed to serve the following purposes, in addition to the overall objectives of this Ordinance:
(1)
To protect property values.
(2)
To minimize the visual impact of antenna/towers, particularly considering the importance of the scenic beauty of the area in attracting visitors for outdoor recreation.
(3)
To minimize the number and heights of towers in a manner that still provides for adequate telecommunications services and competition.
D.
A tower/antenna that is intended to primarily serve emergency communications by a Borough-recognized police, fire or ambulance organization, and is on the same lot as an emergency services station or Borough Hall, shall be permitted by right. Such tower/antenna may also serve accessory commercial purposes.
E.
Any antenna and tower that is no longer in active use shall be completely removed within six months after the discontinuance of use. The operator shall notify the Zoning Officer in writing after the antenna or tower use is no longer in active use. Any lease shall require such removal by the owner of the antenna/tower. Any lease should provide that the lease shall expire once the antenna/tower is removed.
F.
Accessory utility buildings shall have a maximum height of 10 feet.
G.
Antennae and towers shall comply with any Airport Approach zoning regulations.
H.
This Zoning Ordinance does not regulate communications antenna that are placed on poles within a street right-of-way, which shall require a separate Borough approval or permit outside of the Zoning Ordinance. However, a new pole shall not be placed in the right-of-way abutting a residential zoning district for the sole purpose of supporting a communications antenna.
I.
Once a communications tower has been approved, antenna and equipment may be placed or replaced on the tower as a permitted by right use, provided the total height is not increased above the approved height.
16.
Conversion of an Existing Dwelling into Additional Dwelling Units.
A.
See Parts 3 or 4, which establish where conversions are allowed.
B.
The following regulations shall apply to the conversion of an existing one family dwelling into a greater number of dwelling units:
(1)
The building shall maintain the appearance of a one family dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance.
(2)
The conversion shall not be permitted if it would require the development of an exterior stairway on the front of the building, or would require the placement of more than two off-street parking spaces in the required front yard.
C.
A previously residential building shall maintain a clearly residential appearance, except as may be necessary for restoration of a historic building.
D.
A maximum total of four dwelling units may be developed per lot, unless a more restrictive provision is established by another section of this Ordinance, unless the building included more than 3,000 square feet of building floor area at the time of adoption of this Ordinance.
17.
Conversion of an Existing Principal Place of Worship, School or Similar Institutional Building or a Principal Industrial Building into a Commercial Use and/or Multi-Family Dwellings.
A.
If the applicant proves to the satisfaction that modifications are needed to parking, loading, density or setback requirements to reasonably allow the adaptive reuse of an existing principal institutional building, the Zoning Hearing Board shall have the authority to approve such modifications as a condition of the special exception approval.
B.
The Zoning Hearing Board shall consider compatibility with any adjacent residential neighborhood in considering approval of such modifications.
18.
Criminal Halfway Houses.
B.
The applicant shall provide a written description of all conditions that will cause persons to occupy the use during the life of the permit. Any future additions to this list shall require an additional special exception use approval.
C.
The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will involve adequate on-site supervision and security measures to protect public safety. If any applicable County, State, Federal or professional association standards provide guidance on the type of supervision that is needed, the proposed supervision shall be compared to such standards.
D.
The Zoning Hearing Board may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.
E.
A use involving housing of two or more persons who are required to register their place of residence under Megan's Law II shall be setback a minimum of 500 feet from each of the following: a primary or secondary school, a public park or playground, or a child day care center.
19.
Day Care Center, Child.
A.
See also "Day care: Family Day Care Home or Group Day Care" as an accessory use in Section 27-603.
B.
The use shall comply with any applicable state and federal regulations, including having an appropriate PA. Department of Human Services registration certificate or license.
C.
Convenient parking spaces shall be provided for persons delivering and waiting for children unless the Borough may approve an on-street loading space.
D.
The use shall include secure fencing with a height between four feet and 6.5 feet around outdoor play areas.
E.
This use shall not be conducted in a dwelling that is physically attached to another dwelling that does not have a common owner.
F.
A day care use may occur in a building that also includes permitted or non-conforming dwelling units.
G.
See also the standards for a "Place of Worship" in this Section, which allows a day care center as an accessory use.
20.
Forestry.
A.
The following regulations shall apply if forestry involves a total of more than 20,000 square feet of land area in any five-year period:
(1)
A soil and erosion control plan shall be submitted and carried out.
(2)
A maximum of 50% of the total forest cover on the lot shall be removed. Clearcutting shall not cover areas of more than 20,000 square feet, except for land areas where a specific land use has received Borough zoning approval.
21.
Group Homes.
Group homes are permitted within a lawful dwelling unit, provided the following additional requirements are met:
B.
A Group Home shall not include any use meeting the definition of a "Treatment Center."
C.
A Group Home shall include the housing of a maximum of four unrelated persons, by right and up to six unrelated persons by special exception, except:
(1)
if a more restrictive requirement is established by another Borough requirement;
(2)
the number of bona fide paid professional staff shall not count towards such maximum; and
(3)
as may be approved by the Zoning Hearing Board under Section 27-1411.4., which allows persons to request a reasonable accommodation to the number of unrelated persons living together.
D.
The facility shall have adequate trained staff supervision for the number and type of residents. If the staffing of the facility has been approved by a State or County human service agency, then this requirement shall have been deemed to be met.
E.
The applicant shall provide evidence of any applicable Federal, State or County licensing or certification to the Zoning Officer.
F.
The Group Home shall register in writing its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer.
G.
Any medical or counseling services shall be limited to a maximum of three non-residents per day. Any staff meetings shall be limited to a maximum of four persons at one time.
H.
If a Group Home is in a Residential District, an appearance shall be maintained that is closely similar to nearby dwellings, and no sign shall identify the use.
I.
The persons living on-site shall function as a common household unit.
J.
The applicant shall notify the local ambulance and fire services of the presence of the group home and the type of residents.
K.
An off-street parking space shall be provided for the largest vehicle that serves the use.
L.
The building shall have lighted exit lights, emergency lighting and inter-connected smoke alarms.
22.
Heliport.
A.
The applicant shall prove that the heliport has been located and designed to minimize noise nuisances to other properties.
B.
For a special exception use, the Zoning Hearing Board may place conditions on the maximum size of helicopters, frequency of use, fueling facilities, setbacks and non-emergency hours of operation to minimize nuisances and hazards to other properties. Provided that the conditions do not conflict with safety or Federal or State regulations, the Zoning Hearing Board may require that the majority of flights approach from certain directions, and not from other directions that are more likely to create nuisances for residential areas.
C.
Helicopter landings and take-offs for emergency medical purposes are not regulated by this Ordinance.
24.
Junkyard. (Includes automobile salvage yard)
A.
Storage of garbage is prohibited, other than what is customarily generated on-site and routinely awaiting pick-up.
B.
Outdoor storage of junk shall be at least: a) 100 feet from the lot line of any dwelling and b) 50 feet from any other lot line and the existing right-of-way of any public street.
C.
The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared driveways with a minimum width of 15 feet shall be provided throughout the entire use to allow access by emergency vehicles. Adequate off-street parking areas shall be provided for customers.
D.
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a ten-foot wide buffer yard which complies with Section 1361.03. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
E.
Burning or incineration is prohibited.
F.
All gasoline, antifreeze and oil shall be drained from all vehicles that are stored on-site, and properly disposed of. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious and properly drained surface.
G.
Lot area - three acres minimum; 10 acres maximum.
H.
Tires - see the "Outdoor Storage and Display" standards in the following section.
I.
Any storage of junk shall be maintained a minimum distance of 100 feet from the average water level of any waterway, and shall be kept out of a drainage swale.
25.
Kennel (which may include an animal shelter)
A.
All structures in which animals are housed (other than buildings that are completely soundproofed and air conditioned) and all runs outside of buildings shall be located at least 200 feet from any existing dwelling.
B.
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any principal building on another lot.
C.
The applicant shall describe how outdoor runs will or will not be used during late night hours.
D.
See State law regulating kennels.
E.
Minimum lot area - 30,000 square feet.
26.
Live Work Unit.
A.
A Live Work Unit is one building space that is used both for residential and for business space, such as for an office or an artist's studio. The business use shall be a use that is listed as permitted by right in the Zoning District. The unit shall be treated as a dwelling unit, except for allowed signs and minimum parking requirements for the portion of the space that is used for commercial purposes that may involve non-resident employees or customer traffic.
B.
If allowed in a Residential District, a minimum of 50% of the unit floor area shall be primarily used for residential purposes and a maximum of three persons shall work in the unit who do not reside within the unit.
C.
The operator of the business in the unit shall also be a permanent resident of the unit.
27.
Livestock and Poultry, Raising of.
A.
Minimum lot area - two acres. See also Pets, Keeping of in this Section.
B.
Any building or concentrated feeding areas for the keeping of livestock or poultry shall be located a minimum of: 1) 200 feet from a lot in a Residential District, 2) 100 feet from an existing dwelling that is not within a Residential District, 3) 50 feet from all other exterior lot lines.
C.
Fencing shall be used as necessary and practical to prevent livestock from entering streets or unauthorized property.
D.
Buildings used for the keeping of livestock or poultry shall not be located within 100 feet of a perennial stream, river, spring, lake, pond or reservoir.
E.
The applicant shall describe in writing or on site plans methods that will be used to address water pollution and insect and odor nuisances.
28.
Manufactured (Mobile) Homes. The following additional requirements shall apply to a manufactured home placed on property after the adoption of this Ordinance:
A.
Construction. Any mobile/manufactured home placed on any lot after the adoption of this Ordinance shall be constructed in accordance with 1976 or later Safety and Construction Standards of the U.S. Department of Housing and Urban Development. (Note: These Federal standards supersede local construction codes for the actual construction of the home itself.)
B.
Each site shall be graded to provide a stable and well-drained area.
C.
Each home shall have hitch and tires removed.
D.
Anchoring. A mobile/manufactured home on an individual lot or mobile/manufactured home park shall include a system that properly secures the home to the ground to prevent shifting, overturning or uneven settling of the home. The requirements of the Construction Codes shall apply, in addition to the manufacturer's specifications for installation.
E.
Foundation Treatment. The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable fire-resistant material. This enclosure shall have the appearance of a foundation of a site-built home, such as material with a concrete-type or stucco facing, except that metal skirting shall be allowed for a dwelling within a Manufactured/Mobile Home Park. Provisions shall be provided for access to utility connections under the home.
F.
The front door of the dwelling shall face onto a street or be within 25 feet from a street right-of-way.
29.
Manufactured (Mobile) Home Park.
B.
Access to individual manufactured home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.
C.
All units within the manufactured home park shall be serviced by the municipal sewage and public water supply systems.
30.
Medical Marijuana Dispensary.
A.
The use shall be setback a minimum of: 1) 1,000 feet from the property line of a primary or secondary school or child day care center, 2) 500 feet from a public park or playground, and 3) 250 feet from a residential district.
B.
The use shall not have any outdoor activities, such as outdoor seating.
C.
The use shall not be open for business beyond the maximum hours of 8:00 a.m. and 8:00 p.m.
D.
The use shall meet all other zoning requirements that would apply to a Retail Store.
E.
The use shall prove to the Zoning Hearing Board that there will be sufficient security measures.
31.
Medical Marijuana Grower/Processor.
A.
The use shall prove to the Zoning Hearing Board that there will be sufficient security measures.
B.
The use shall be setback a minimum of: 1) 1,000 feet from the property line of a primary or secondary school or child day care center, 2) 500 feet from a public park or playground, and 3) 250 feet from a residential district.
C.
The use also shall meet all of the same zoning requirements that would apply to a manufacturing use.
33.
Mineral Extraction.
A.
The following additional requirements shall be met:
(1)
A detailed land reclamation and reuse plan of the area to be excavated shall be submitted with the zoning application for any new or expanded mineral extraction use.
(2)
After areas are used for mineral extraction, those areas shall be reclaimed in phases to a non-hazardous and environmentally sound state permitting some productive or beneficial future use.
(3)
A 50 feet wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 200 feet of an area of excavation. The Zoning Hearing Board may require this yard to include an earth berm with a minimum average height of six feet and an average of one shade tree for each 40 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence.
(a)
New trees shall not be required where preserved trees will serve the same purpose.
(4)
The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not owned by the owner or operator of the mineral extraction use:
(5)
The excavated area of a mineral extraction use shall be setback 150 feet from the average waterline of a perennial stream or the edge of a natural wetland of more than two acres.
(6)
Fencing. The Zoning Hearing Board may require secure fencing in locations where needed to protect public safety. As an alternative, the Zoning Hearing Board may approve the use of thorny vegetation to discourage public access. Also, warning signs shall be placed around the outer edge of the use.
(7)
Hours of Operation. The Zoning Hearing Board, as a condition of special exception use approval, may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.
(8)
The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents.
34.
Mobile/Manufactured Home. See "Manufactured (Mobile) Home" in this Section.
36.
Outdoor Storage and Display. The provisions listed for this use under Section 27-603 shall apply.
37.
Place of Worship.
A.
Minimum lot area - 25,000 square feet in a Residential District, unless a larger lot area is required by the applicable Zoning District. In any other District, a place of worship shall meet the normal minimum lot area for that District.
B.
A primary or secondary school may be approved on the same lot as a place of worship provided the requirements for such uses are also met. Other uses shall only be allowed if all of the requirements for such uses are also met, including being permitted in the applicable District.
C.
A maximum of one dwelling unit may be accessory to a place of worship on the same lot, to house employees of the place of worship and/or an employee and his/her family.
D.
A child or adult day care center shall be allowed as an accessory use.
38.
Recreation, Outdoor.
39.
Recycling Collection Center.
A.
This use shall not be bound by the requirements of a Solid Waste Disposal Facility.
B.
All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.
C.
Adequate provision shall be made for movement of trucks if needed and for off-street parking.
D.
A 20 feet wide buffer yard with screening as described in Section 27-1303 shall be provided between this use and any abutting "residential lot line."
E.
This use may be a principal or accessory use, including being an accessory use to a commercial use, college, an industrial use, a public or private primary or secondary school, a place of worship or a Borough-owned use, subject to the limitations of this section.
F.
Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum and glass. No garbage shall be stored as part of the use, except for that generated on-site and that accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on site.
G.
The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or landfilling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard.
H.
The use shall not include the collection or processing of pieces of metal that have a weight greater than 50 pounds, except within an Industrial District.
I.
The use shall include the storage of a maximum of 50 tons of materials on the site if the use is within a Residential District.
40.
Residential Conversions. See "Conversions of an Existing Building" within this Section.
41.
42.
School, Public or Private, Primary or Secondary.
A.
Minimum lot area - one acre in a Residential District. In any other District, the use shall meet the standard minimum lot area requirement for that District.
B.
No children's play equipment, basketball courts or illuminated recreation facilities shall be within 50 feet of a residential lot line.
C.
The use shall not include a dormitory unless specifically permitted in the District.
43.
Self-Storage Development.
A.
All storage units shall be of fire-resistant construction.
B.
Outdoor storage shall be limited to vehicles, boats and trailers. No "Junk Vehicles" shall be stored within view of a public street or a dwelling.
C.
Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items shall not be stored.
D.
Designated spots may be used for outdoor parking of motor vehicles or trailers. Nothing shall be stored in interior traffic aisles or accessways that would interfere with emergency vehicle access or within required off-street parking areas.
E.
The use shall not include a commercial Auto Repair Garage, unless the requirements for that use are also met.
F.
Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.
H.
Minimum separation between buildings - 20 feet. Maximum length of any building - 300 feet.
44.
Short-Term Rental.
[Added by Ord. No. 870, 6/13/2023[1]]
A.
Property owner must provide certificate of insurance evidencing a minimum of $500,000 commercial liability insurance coverage for the use.
B.
Property owner must provide evidence of a valid Lebanon County hotel excise tax certificate and Pennsylvania Sales, Use, and Hotel Occupancy Tax license.
C.
The use requires the specific designation of a person in charge, either the property owner or another person who must reside or have an office within 15 miles of the short-term rental property and acts as the legal agent for the owner.
D.
The use shall comply with all applicable Borough ordinances and regulations, including any and all building code requirements for a commercial building.
E.
Inspection and approval by Building Code Official is required before certificate of occupancy will be issued.
F.
The use must apply to the entire property with the number of units that exist at the time of approval. The property cannot be divided into multiple units that are separately listed for rental after approval.
G.
A short-term rental unit may not be located in a structure that contains one or more other dwelling units used for nontransient living quarters.
H.
Overnight occupancy is limited to no more than two persons per bedroom (e.g., six persons for a three-bedroom residential structure). Exceptions may be approved by Borough Council in Council's sole discretion.
I.
The maximum number of day guests at any one time shall not exceed 10 persons.
J.
No additional bedrooms may be added or created within the dwelling unit after the approval of the use. Existing non-bedroom spaces may not be converted into additional bedrooms. The number of bedrooms shall be limited to that which existed in the residential dwelling unit at the time of approval.
K.
The property must have a minimum of one off-street parking space per bedroom, and guests may not park more cars on site than the number of off-street parking spaces available. Off-street parking must comply with all applicable regulations set forth in Part 11 of the Zoning Ordinance, related to off-street parking and loading.
L.
The use must comply with all terms and conditions of any other short-term rental ordinance provisions and/or licensing program established by Myerstown Borough.
45.
Solid Waste Transfer Facility or Putrescent Waste to Energy Facility.
A.
All solid waste storage, disposal, incineration or processing shall be at least 100 feet from the following: public street right-of-way, exterior lot line or 100-year floodplain.
B.
All solid waste storage, disposal, incineration or processing shall be a minimum of 300 feet from any Residential District.
C.
The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 20 feet. One of these roads may be restricted to use by emergency vehicles.
D.
If a new use is proposed or the previously Borough-approved capacity of an existing use is proposed to be increased, the applicant shall prove to the satisfaction of the Zoning Hearing Board that the street network can handle the additional truck traffic, in a manner that minimizes negative impacts upon residentially zoned neighborhoods.
E.
The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will include the best available methods to minimize noxious odors off of the tract.
F.
A chainlink or other approved fence with a minimum height of eight feet shall surround the use, unless the applicant proves to the satisfaction of the Zoning Hearing Board that this is unnecessary.
G.
Minimum lot area - 10 acres.
H.
The applicant shall provide evidence to the Zoning Hearing Board that sufficient measures will be put into place to minimize the attraction, harborage or breeding of insects, rodents or vectors.
I.
Attendant. An attendant shall be present during all periods of operation or dumping.
J.
Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.
K.
Emergency Access. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.
L.
Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.
M.
Dangerous Materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed or incinerated.
N.
All loading and unloading and processing of solid waste shall only occur within an enclosed building, and over an impervious surface drains to a holding tank that is then adequately treated, or similar methods approved by the Zoning Hearing Board.
46.
Stable, Non-Household. (Includes riding academies; See also "Keeping of Pets" in the following section)
A.
Minimum lot area - one acre per horse or similar animal.
B.
Any horse barn, manure storage areas or stable shall be a minimum of 100 feet from any lot line of an adjacent dwelling.
C.
Manure shall be regularly collected and disposed of in a sanitary manner that avoids nuisances to neighbors. Manure shall be stored in a manner that prevents it from being carried off by runoff into a creek. Manure shall not be stored within 100 feet of a perennial waterway. Manure shall be managed in a way that does not result in polluted runoff from the property.
47.
Swimming Pool, Non-Household.
A.
The water surface shall be setback at least 50 feet from any existing dwelling on another lot.
B.
Minimum lot area - 20,000 square feet.
C.
Any water surface within 75 feet of an existing dwelling on another lot shall be separated from the dwelling by a buffer yard meeting Section 27-1303.4.
D.
The water surface shall be surrounded by a secure, well-maintained fence at least six feet in height.
E.
Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property.
48.
Townhouses and Apartments.
A.
Maximum number of townhouses in any attached grouping - 10.
B.
Paved Area Setback - All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, shall be set back a minimum of 10 feet from any dwelling.
C.
Garages. It is strongly recommended that all Townhouses be designed so that garages and/or carports are not an overly prominent part of the view from public streets. For this reason, parking courts, common garage or carport structures or garages at the rear of dwellings are encouraged instead of individual garages opening onto the front of the building, especially for narrow townhouse units.
D.
Mailboxes. Any mailboxes provided within the street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of non-coordinated types at the curbside are specifically discouraged.
E.
Access. Vehicular access points onto all arterial and collector streets shall be minimized to the lowest reasonable number. No townhouse dwelling within a tract of five or more dwelling units shall have its own driveway entering onto an arterial or collector street.
49.
Treatment Center.
A.
See definition in Section 27-1502. This use shall not include a Criminal Halfway House, unless the requirements for both uses are fully met.
B.
The applicant shall provide a written description of all conditions (such as alcohol addiction) that will cause persons to occupy the use during the life of the permit. Any future additions to this list shall require an additional special exception use approval.
C.
The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will involve adequate on-site supervision and security measures to protect public safety. If any applicable County, State, Federal or professional association standards provide guidance on the type of supervision that is needed, the proposed supervision shall be compared to such standards.
D.
The Zoning Hearing Board may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.
50.
Veterinarian Office. (includes Animal Hospital)
A.
Any structure in which animals are treated or housed shall be a minimum of 30 feet from any lot line of an existing dwelling. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be perceived within any adjacent dwellings.
B.
Animals undergoing treatment may be kept as an accessory use. Birds, rabbits, gerbils and similar animals may also be boarded. However, a commercial kennel involving healthy dogs shall only be allowed if a kennel is permitted in that District and if the applicable requirements are met.
51.
Wind turbines, other than the one wind turbine per lot that is allowed as an accessory use by Section 27-603.
A.
The wind turbine shall be setback from the nearest principal building on another lot a distance not less than two times the maximum height to the top of the maximum height of the extended blade, unless a written waiver is provided by the owner of such building. All wind turbine setbacks shall be measured from the center of the base of the turbine. This provision shall apply to buildings that existed prior to the application for a zoning permit.
B.
The audible sound from the wind turbine(s) shall not exceed 50 A-weighted decibels, as measured at the exterior of an occupied principal building on another lot, unless a written waiver is provided by the owner of such building.
C.
The owner of the facility shall completely remove all above ground structures within 12 months after the wind turbine(s) are no longer used to generate electricity.
D.
Wind turbines shall not be climbable for at least the first 12 feet above the ground level.
E.
All wind turbines shall be set back from the nearest public street right-of-way a minimum distance equal to the maximum height to the top of the maximum height of the extended blade.
F.
All wind turbines shall be set back from the lot line a minimum distance equal to the maximum height to the top of the maximum height of the extended blade, unless a written waiver is provided by the owner of such lot.
G.
The turbine shall include automatic devices to address high speed winds.
H.
Accessory electrical facilities are allowed, such as a transformer, provided that any building shall meet setbacks for a principal building.
I.
The site plan shall show proposed driveways, turbines and areas of woods proposed to be cleared.
J.
Temporary towers designed to test possible locations for a wind turbine shall be permitted by right, provided they are removed within one year and meet the same setbacks as a wind turbine.
K.
Decommissioning - A wind turbine shall be considered a discontinued use after one year without energy production, unless a plan is developed and submitted to the Zoning Officer outlining the steps and schedule for returning the Wind turbine to service. All Wind turbines and above ground facilities shall be removed within 90 days of the discontinuation of use.
§ 27-603 Additional Requirements for Accessory Uses.
[Ord. 841, 5/22/2017]
1.
General. Accessory buildings, structures or uses that are clearly customary and incidental to a permitted by right, special exception or special exception use are permitted by right, except as is provided for in this Ordinance. A business shall only be conducted as an accessory to a dwelling if specifically permitted by this Ordinance.
2.
Accessory Setbacks. The accessory setback requirements of the applicable District shall apply to every accessory building, structure or use unless a standard that is clearly meant to be more restrictive or less restrictive is specifically stated in this Article for a particular accessory use. Accessory structure setback requirements shall not apply to permitted surface parking lots, fences or permitted accessory signs.
3.
Front Yard. No accessory structure, use or building shall be permitted in a required front yard in any District, unless specifically permitted by this Ordinance.
4.
Special Standards. Each accessory use shall comply with all of the following standards listed for that use:
A.
Antenna, Standard. (includes amateur radio antenna)
(1)
Height. No standard antenna, including its supporting structure, shall have a total height above the average surrounding ground level of greater than 75 feet.
(2)
Anchoring. An antenna shall be properly anchored to resist high speed winds, and an antenna of greater than 25 feet high above a building shall meet the Borough engineer's approval.
B.
Day Care as accessory to a Dwelling.
(1)
See Parts 3 and 4 under Accessory Uses and the definitions in Section 27-1502 concerning the number of children who can be cared for in different Zoning Districts in a Family Day Care Home or a Group Day Care Home.
(2)
The care of four or more children (other than children or grandchildren of the on-site caregiver) shall only be allowed where specifically permitted under Parts 3 and 4 in the applicable Zoning District.
(3)
The dwelling shall retain a residential appearance.
(4)
The use shall be actively operated by a permanent resident of the dwelling.
(5)
If seven childred to 12 children are cared for who are not children or grandchildren of the on-site caregiver, then a minimum of 400 square feet of exterior play area shall be available, surrounded by a four feet high secure fence. Seven to 12 children shall not be cared for in a dwelling unit that is attached to another dwelling unit.
(6)
See also "Day Care Center" as a principal use in this Section. Day Care is also an allowed accessory use for a Place of Worship.
(7)
The use shall comply with any applicable state and federal regulations, including having an appropriate State Department of Human Services registration certificate or license, if required by such agency.
C.
Drive-through Facilities.
(1)
The proposed traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(2)
On-lot traffic circulation and parking areas shall be clearly marked.
(3)
A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site. Any drive-through facilities shall be designed to minimize conflicts with pedestrian traffic.
(4)
To the maximum extent feasible, a drive-through window shall not be placed on the front facade of a building.
(5)
The design of the drive-through facilities shall be subject to review by Borough officials.
(6)
An area used for outdoor ordering by customers shall be setback a minimum of 100 feet from a dwelling on another lot. The use shall include use of acoustic barriers or controls on the volume of loudspeakers so that the loudspeaker cannot be heard from a dwelling.
(7)
To the maximum extent feasible, access to a drive-through shall use a rear alley or side street, unless such access would be adjacent to dwellings.
D.
Fences and Walls.
(1)
Fences and walls are permitted by right in all Districts. Any fence or wall shall be durably constructed and well-maintained. Fences that have deteriorated shall be replaced or removed. A fence shall not be required to comply with minimum setbacks for accessory structures.
(2)
No fence, wall or hedge shall obstruct the sight distance as required by Section 27-1303.3. (Note - The sight distance provisions typically regulate features over three feet in height.)
(3)
Fences -
(a)
Front Yard. Any fence located in the required minimum front yard of a lot in a Residential District shall not exceed four feet in height. Fences in the front yard of a dwelling shall be an open-type of fence (such as picket, wrought iron, vinyl post, or split rail) with a minimum ratio of 1:1 of open to structural areas. Mostly transparent wire mesh may be placed on the inside of such a front yard fence. Any chain link fence in the minimum front yard in a Residential District should be vinyl coated.
1)
A fence or detached wall that is not in a residential district and that is within 15 feet from the right-of-way of a public street or a dwelling shall have a maximum height of eight feet, except that a taller height shall be allowed by special exception where the applicant proves to the Zoning Hearing Board that a taller height is necessary.
(b)
On a corner lot, in a Residential District, a fence or wall shall meet the same height requirements along both streets as would apply within a minimum front yard. However, a fence that only extends behind the rear of a dwelling or other principal building may have a maximum height of 6.5 feet along one of the streets, other than the street that is along the front of the dwelling.
(c)
Height. A fence located in a Residential District in a location other than a required front yard shall have a maximum height of 6.5 feet.
(d)
A taller fence height may be approved where the applicant proves to the Zoning Officer that such taller height is necessary to protect public safety around a specific hazard (such as an electric substation or to prevent baseballs from entering into a street).
(e)
Setbacks. No fence shall be built within an existing street right-of-way. A fence may be constructed up to a lot line, except as follows: a) a fence may be constructed on the lot line with mutual consent of the adjacent property owner, and b) a fence shall be located on the inside of any buffer plantings required by Section 27-1303.
(f)
Fence materials. Electrically charged above-ground fences shall only be used to contain farm animals, and shall be of such low intensity that they will not permanently injure humans. Under-ground fences to contain animals are not regulated by this Ordinance. No fence or wall shall be constructed out of fabric, junk, junk vehicles, appliances, drums or barrels. If a fence has a more finished side, the more finished side should face towards the neighboring properties or street. Fence supports should be placed on the inside of a fence.
(4)
Walls -
(a)
Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section, and are permitted by right as needed in all Districts. However, if a retaining wall is over eight feet in height, it shall be setback a distance equal to its maximum height from a lot line of an existing dwelling.
(b)
Other than a retaining wall, no wall of greater than three feet height shall be located in the required front yard in a Residential District, except as a backing for a permitted sign as permitted in Section 27-1204.
(c)
A wall in a Residential District outside of a required front yard shall have a maximum height of three feet if it is within the minimum accessory structure setback.
(5)
All fences and walls (including retaining walls) over three feet in height shall need a zoning permit, regardless of whether a construction permit is also needed.
E.
Food Trucks.
(1)
If a food truck is parked on a private property for more than 15 minutes per day (other than routine temporary operations at a construction site), it shall only be permitted where allowed by Part 4 and shall meet all of the following requirements:
(a)
it shall be setback a minimum of 30 feet away from a dwelling on another lot, and shall not obstruct safe sight distances at intersections and driveways;
(b)
it shall meet all requirements for signs that would apply to a building;
(c)
it shall not be open to customers between 10:00 p.m. and 6:00 a.m.;
(d)
it shall not be located within a public right-of-way;
(e)
it shall provide a regularly emptied sanitary outdoor waste container, and litter shall be regularly collected;
(f)
it shall meet all health regulations; and
(g)
it shall only operate with written permission of the property-owner.
(2)
A food truck shall not occupy a public on-street or Borough-owned off-street parking space for more than 15 minutes per day while serving food or beverages.
(3)
The Borough may authorize written temporary exceptions to these provisions during a special event, parade or festival.
(4)
Commercial sales shall only be allowed within a Borough Park with written permission of the Borough, other than occasional visits of less than 15 minutes by a truck or cart offering snacks and beverages.
(5)
A maximum of one food truck shall be allowed per lot, except as authorized by subsection C. above.
(6)
The food truck shall display a current State vehicle license and safety inspection sticker and have current vehicle registration.
(7)
See also provisions for "Sidewalk Cafes and Food Carts" in this section.
(8)
Electric generators that generate noise heard inside a building and tanks of explosive substances shall not be placed within 100 feet of a dwelling.
F.
Furnace, Outdoor. (Includes wood-burning boilers, exterior to a principal building)
(1)
The following setbacks shall apply from a lot that is not in common ownership with the lot occupied by the outdoor furnace:
(2)
The applicant shall show compliance with PA DEP regulations.
(3)
The furnace shall not be used to burn rubber, plastics, hazardous materials, putrescent garbage, paint products, manure, asphalt products or painted wood.
G.
Garage Sale (includes Yard Sale, Moving Sale and Porch Sale).
H.
Heliport. See under principal uses in the previous subsection.
I.
Home Occupations.
(1)
All home occupations shall meet the following requirements:
(a)
The use shall only be conducted by one or more permanent residents of the dwelling, except it may also involve a maximum of one non-resident employee.
(b)
The use shall be conducted indoors, in a principal and/or accessory building. No outdoor storage or display related to the home occupation shall be permitted. No changes shall occur to the exterior of a building that would reduce its residential appearance as viewed from a street.
(c)
The use shall occupy an area that is not greater than 25% of the total floor area of the principal dwelling unit. The use shall clearly be secondary to the residential use.
(d)
For a General Home Occupation, the Zoning Hearing Board shall require additional off-street parking if the Board determines it is necessary for customer parking.
(e)
The use shall not routinely require delivery by tractor-trailer trucks.
(f)
The regulations of Section 27-603.13 below regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.
(g)
No equipment or machinery shall be permitted that produces noise, noxious odor, vibration, glare, electrical or electronic interference detectable on another property. The use shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and amounts typically found on a residential property. The use shall not involve the storage or use of "toxic" or "highly hazardous" substances.
(h)
A home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 9:00 p.m. and 7:30 a.m.
(i)
Any tutoring or instruction shall be limited to a maximum of three students at a time.
(j)
A barber or beauty shop shall not include any non-resident employees.
(k)
The main office of a medical doctor, chiropractor or dentist shall not be permitted as a home occupation.
(l)
A Home Occupation may include a single two square foot non-illuminated sign, as permitted in Section 27-1203.
(m)
The Zoning Hearing Board shall deny a General Home Occupation application, or limit its intensity through conditions, if the Board determines the use would be too intense for the proposed location. In making such determination, the Board shall review the likely amounts of traffic, the types of deliveries needed, the types of operations involved and related nuisances, the amount of off-street and on-street parking that is available, the density of the neighborhood, whether the use would be adjacent to another dwelling, and setbacks from other dwellings.
(n)
The use shall not involve manufacturing, other than of custom crafts and sewing. The use shall not involve commercial repair of motor vehicles.
(o)
The use may include sales using telephone, mail order or electronic methods. On-site retail sales shall be prohibited, except for sales of hair care products as accessory to a barber/beauty shop.
(p)
If more than one home occupation is accessory to a dwelling, the total aggregate impact of the home occupations shall be considered in determining compliance with this Ordinance.
(q)
A zoning permit shall be required for a General home occupation.
(2)
In addition to the requirements listed in "A" above, the following additional requirements shall apply to a "Low Impact Home Occupation:"
J.
Outdoor Storage and Display. Commercial or Industrial as a Principal or Accessory Use.
(1)
Location. Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, sidewalk or other area intended or designed for pedestrian use or required parking area.
(2)
No such storage or display shall occur on areas with a slope in excess of 25% or within the 100-year floodplain, except that pre-existing parking areas can continue to be used for parking of operable motor vehicles.
(4)
Outdoor storage of 50 or more used tires.
(a)
This storage shall only be allowed as part of a Borough-approved junkyard or tire store.
(b)
Where allowed, any storage of used tires shall involve stacks with a maximum height of 15 feet, and that cover a maximum of 400 square feet. Each stack shall be separated from other stacks from all lot lines by a minimum of 75 feet. If the same set of tires is stored on a lot for more than six months, they shall be stored within a building or trailer.
(c)
The operator of a lot involving tire storage shall prove that the tires are stored in a manner that minimizes public health hazards from the breeding of vectors in accumulated water and/or that the site is regularly sprayed to minimize vectors.
K.
Pets, Keeping of.
(1)
This is a permitted by right accessory use in all Districts.
(2)
No use shall involve the keeping of animals or fowl in such a manner or of such types of animals that it creates a serious nuisance (including noise or odor), a health hazard or a public safety hazard. The owner of the animals shall be responsible for collecting and properly disposing of all fecal matter from pets. No dangerous animals shall be kept outdoors in a Residential District, except within a secure, completely enclosed cage or fenced area of sufficient height and on a chain. Animals shall be kept on the property of the owner, except when they are on a leash.
(3)
A maximum combined total of five dogs and cats shall be permitted to be kept by residents of each dwelling unit on their residential premises.
(4)
Pigeons, chickens, ducks, geese and/or similar fowl shall only be kept on a lot of larger than one acre. A maximum of five pounds of such fowl for each 1,000 square feet of lot area may be kept as an accessory use. If the total weight of such fowl exceeds 500 pounds, then the requirements shall be met for "Raising of Livestock or Poultry." Roosters shall not be kept.
(5)
Horses: Minimum lot area - one acre per first horse or similar animal. Any horse barn, manure storage areas or stable shall be a minimum of 100 feet from any "residential lot line."
(6)
See the definition of "Pets" in Section 27-1502. Only those pets that are domesticated and are compatible with a residential character shall be permitted as "Keeping of Pets." Examples of permitted pets include dogs, cats, rabbits, fish, gerbils and lizards.
(a)
The following animals shall not be allowed to be kept within the Borough: bears, wolves, wolf-dog hybrids, venomous snakes that could be toxic to humans, or constrictor snakes that could be dangerous to humans. The keeping of any "exotic wildlife" shall also comply with the Pennsylvania Game & Wildlife Code regulations.
(7)
The keeping of cows, sheep, goats, hogs and similarly sized animals shall require a minimum lot area of three acres.
(8)
In addition, a maximum of one miniature pig, pygmy goat or similar animal or similar size may be kept as accessory to a dwelling.
L.
Recreational Vehicle Parking - See under Residential Accessory Structure or Use in this Section.
M.
Residential Accessory Structure or Use. (see definition in Section 27-1502)
(1)
Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in Section 27-503, unless specifically exempted by this Ordinance. Accessory structures shall not be located within a front yard, nor within any yard required to be equal in width to a front yard along a street on a corner lot. See accessory setback regulations in Section 27-503.
(3)
Parking of Commercial Trucks and Buses. The overnight outdoor parking of commercial trucks, commercial buses or excavating equipment or the trailer from a tractor-trailer combination on a principal residential lot in a Residential District is prohibited, except that the parking of a maximum of one vehicle with a gross vehicle weight of up to 13,000 pounds shall be allowed if such vehicle(s) is used by residents of the dwelling to travel to and from work. The parking for more than one hour per day of trucks carrying gasoline or similar hazardous or explosive materials or that are used to carry putrescent garbage is prohibited in a Residential District. For on-street parking of commercial equipment, see a separate ordinance in Chapter 15, Part 9.
(4)
Repairs. Repairs of a truck with an aggregate gross vehicle weight of over 13,000 pounds shall not occur on a residential lot. Repairs of motor vehicles that are not owned or leased by a resident of the lot or his/her "relative" shall not occur on a residential lot.
(6)
Outdoor storage of junk in a Residential District shall be limited to covering a maximum of 200 square feet of land area and shall not exceed a height of more than five feet. Such junk shall be removed from the lot within seven days.
(8)
A maximum of one motor vehicle or boat shall be displayed or offered for sale on a residential lot in a Residential District.
(9)
A recreational vehicle shall not be used as a residence for more than five days in any thirty-day period.
N.
Sidewalk Café or Food Cart. Where a lawful permanent commercial business is actively in operation in a Commercial Zoning District, and a restaurant is allowed in the Zoning District, a portion of the sidewalk within the public right-of-way immediately in front of that business may be used for a portable food cart and/or movable customer seating and tables for the consumption of food or beverages, provided that all of the following additional conditions are met:
(1)
The café or food cart is required to have the same owner or operator as the adjacent indoor business. Indoor restrooms shall be available for customers of the sidewalk business.
(2)
A continuous five feet minimum unobstructed hard-surface sidewalk width shall be maintained that is accessible by wheelchairs. Such access shall also be provided to all ADA ramps and street intersections.
(3)
A sanitary outdoor trash receptacle shall be provided for customers, which shall be regularly emptied with proper disposal. Litter shall be regularly collected.
(4)
The outdoor use shall not operate between Midnight and 6:00 a.m., except it shall not operate after 10:00 p.m. if it is within 250 feet of a dwelling on another lot.
(5)
Any umbrellas or canopies shall maintain an eight feet high minimum vertical clearance over a public sidewalk. The space within the right-of-way shall not be enclosed by walls or solid materials, except that the Borough may approve decorative planters.
(6)
The applicant shall be required to provide a valid insurance certificate to the Borough that holds the Borough harmless resulting from any claim involving the use of the right-of-way, and that names the Borough as an additional insured. Such certificate shall be regularly updated and presented to the Zoning Officer to prove that it remains valid during the life of the use. Such certificate shall be in a form that is acceptable to the Borough and shall provide a minimum of $100,000 of insurance coverage, which shall be increased to $500,000 if alcohol is consumed within the public right-of-way.
(7)
The cart and all of the sidewalk café features shall be required to be completely removed from the public right-of-way within 24 hours if the applicant is provided a written notice of violation of a Borough ordinance (such as failure to meet the insurance requirements) or if the café, food cart or the adjacent business is no longer in active use.
(8)
This subsection shall not limit a lawful restaurant from using part of the same or an adjacent privately-owned lot for accessory outdoor seating.
(9)
See also "Food trucks" in the subsection above.
(10)
The Borough may authorize written temporary exceptions to these provisions during a Borough-authorized special event, parade or festival.
(11)
(Reserved)
(12)
If alcohol sales occur, the applicant shall prove to the Zoning Officer that there is a valid liquor license which allows such sales where they are proposed to occur.
(13)
Electric generators that generate noise heard inside a building and tanks of explosive substances shall not be placed within 100 feet of a dwelling.
(14)
Permitted outdoor eating and drinking areas that are not within the public right-of-way shall not be required to meet this subsection "14."
O.
Swimming Pool, Household. (referred hereafter as "pool")
(1)
All pools shall be fenced in compliance with the standards in the Construction Code.
(2)
The water surface and any raised decking of a swimming pool shall be setback a minimum of 10 feet from side and rear lot lines.
(3)
Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property.
Q.
Unit for Care of Relative.
(2)
The accessory unit shall be occupied by a maximum of two persons, who shall be "relatives" of the permanent residents of the principal dwelling unit. At least one resident of the accessory unit shall need such accommodations because of an illness, old age or disability.
(3)
The applicant shall prove to the Zoning Officer that the accessory unit has been designed and constructed so that it can be easily re-converted into part of the principal dwelling unit or is a modular cottage that will be completely removed from the lot after the relative no longer resides within the unit. Such accessory unit may be converted into an additional bedroom(s), permitted home occupation area or similar use. A lawful detached garage may be converted into a Unit for Care of Relative, and then be reconverted to a garage or permitted home occupation area or otherwise function as part of the principal dwelling unit.
(4)
The applicant shall establish a legally binding mechanism in a form acceptable to the Borough that will prohibit the use of the accessory unit as a separate dwelling unit after the relative no longer resides within the unit. Such mechanism shall also be binding upon future owners.
(5)
At any time, the Zoning Officer may require that the owner of the property provide evidence that a relative of the occupants of the principal dwelling unit continues to reside within the accessory unit and is in need of such arrangement.
(6)
Such accessory unit shall not decrease the one family residential appearance of a one family dwelling, as viewed from exterior property lines. The accessory unit shall be attached to the principal dwelling unit, except a detached dwelling may be specifically approved by the Zoning Hearing Board as a special exception. If a detached modular dwelling is placed on the property, it shall be completely removed within 90 days after the relative no longer lives within it. A detached dwelling shall only be placed on the lot if it will meet principal building setbacks and has a maximum building floor area of 900 square feet.
(7)
Additional parking for the accessory unit is not required if the applicant proves that the resident(s) of the accessory unit will not routinely operate a vehicle.
R.
Wind turbines, One Per Lot as Accessory Use.
(1)
All wind turbines shall be set back from the lot line a minimum distance equal to the total maximum height to the top of the extended blade, unless a written waiver is provided by the owner of such adjacent lot. All wind turbine setbacks shall be measured from the center of the base of the turbine.
(2)
The audible sound from the wind turbine shall not exceed 50 A-weighted decibels, as measured at the exterior of an occupied principal building on another lot, unless a written waiver is provided by the owner of such building.
(3)
The owner of the facility shall completely remove all above ground structures within 12 months after the windmill is no longer used to generate electricity.
(4)
A wind turbine shall not be climbable for at least the first 12 feet above the ground level, unless it is surrounded by a fence with a minimum height of six feet.
(5)
All wind turbines shall be set back from the nearest public street right-of-way a minimum distance equal to the total maximum height to the top of the extended blade.
(6)
The turbine shall include automatic devices to address high speed winds, such as mechanical brakes and overspeed controls.
(7)
In a district other than the LI or GI district, the maximum total height above the ground level to the tip of the extended blade shall be 75 feet. In the LI or GI district, the maximum height for a wind turbine approved under this section shall be 125 feet. See wind turbines in Sections 27-602 and Parts 3 and 4 for taller turbines.
(8)
New electrical wiring to the wind turbine shall be placed underground, to the maximum extent feasible.