New Britain City Zoning Code
ARTICLE IV
Use Regulations
§ 450-11 Applicability of regulations.
Unless otherwise provided by law or in this chapter, no building or structure shall be constructed, erected, or extended and no building, structure, or land shall be used or occupied except for the uses permitted in this article. The Zoning Officer shall not issue a zoning permit until provisions of all other Borough ordinances shall have been complied with, where applicable.
§ 450-12 Uses by right, special exception, conditional use, and uses not permitted.
A.
A use listed in Article V as a use permitted by right is permitted subject to such requirements as may be specified in § 450-14, after approval has been granted subject to the requirements of Chapter 385, Subdivision and Land Development, of the Code of the Borough of New Britain, if applicable, and after a zoning permit has been issued in accordance with this chapter.
[Amended 10-8-1996 by Ord. No. 269]
B.
A use listed in Article V may be permitted as a special exception, provided the Zoning Hearing Board authorizes the issuance of a zoning permit by the Zoning Officer, subject to the requirements of this chapter and after approval has been granted subject to the requirements of Chapter 385, Subdivision and Land Development, of the Code of the Borough of New Britain, if applicable, and such further restrictions as said Board may establish.
C.
A use listed in Article V may be permitted as a conditional use, provided the Borough Council, having received positive recommendations from the Planning Commission, grants the conditional use subject to the expressed standards set forth in § 450-14 and Article VIII, and after approval has been granted subject to the requirements of Chapter 385, Subdivision and Land Development, of the Code of the Borough of New Britain, if applicable, and such further conditions that the Borough Council may impose to insure the protection of adjacent uses, or the health, safety, or general welfare.
§ 450-13 Uses subject to other regulations.
A.
Uses permitted by right, by conditional use or by special exception shall be subject, in addition to use regulations, to such regulations of yard, lot area, lot width, building area, easements, provisions for off-street parking and loading, buffers, and to such other provisions as are specified in other articles of this chapter.
B.
All uses permitted in the Borough shall be subject in addition to these ordinance regulations to all other applicable Borough, county, state or federal requirements and licensing regulations and to the requirements of any other agency with jurisdiction. These include but are not limited to regulations for licensing of human service activities, requirements for accessibility of the disabled, sewage disposal requirements, floodplain regulations, water supply regulations, soil erosion and sedimentation control requirements, state road regulations, fire protection requirements.[1]
[1]
Editor's Note: Former Section 403, Preexisting special exception uses, which immediately followed this section, was repealed 10-8-1996 by Ord. No. 269 and 9-14-1999 by Ord. No. 281.
§ 450-14 Use regulations.
[Amended 3-12-1996 by Ord. No. 266; 10-8-1996 by Ord. No. 269; 6-9-1998 by Ord. No. 276; 4-13-1999 by Ord. No. 279; 9-14-1999 by Ord. No. 281; 1-9-2001 by Ord. No. 286; 4-10-2001 by Ord. No. 287; 3-11-2008 by Ord. No. 323; 3-8-2010 by Ord. No. 338; 4-14-2015 by Ord. No. 361; 4-14-2015 by Ord. No. 365; 4-18-2016 by Ord. No. 373; 5-8-2018 by Ord. No. 386; 10-9-2018 by Ord. No. 391; 2-8-2022 by Ord. No. 417; 8-14-2024 by Ord. No. 430; 11-13-2024 by Ord. No. 431]
A.
Residential uses.
(1)
Single-family detached dwelling. Single-family detached dwelling on an individual lot with no required public or community open space and with private yards on all sides of the dwelling. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, manufactured dwellings, and modular dwellings. The following area and dimensional requirements shall apply unless other area and dimensions are otherwise stated for a specific district:
(2)
Two-family dwelling. A building containing two dwelling units, each of which is totally separated from the other by a solid wall extending from ground to roof or a solid ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell.
(3)
Townhouse dwelling.
(a)
The townhouse is a single-family, attached dwelling unit, with one dwelling unit from ground to roof, having individual outside access.
[1]
Minimum tract or site area eligible for townhouse dwelling use, six acres. The minimum tract or site area may be reduced to 2.5 acres where the proposed townhouse development shares a common property boundary with an existing townhouse development such that the tract or site area of the proposed townhouse development and the tract or site area of the existing townhouse development total at least six cumulative acres.
[2]
Minimum lot area per dwelling unit: 2,000 square feet.
[3]
Maximum impervious surface ratio: 40%.
[5]
Minimum building spacing between groups of townhouses: 30 feet.
[6]
Maximum net density: six units per acre.
[7]
Minimum open space ratio: 40%.
[8]
Maximum dwelling units attached in a single building: six units.
(b)
In addition to the parking requirements per unit, 0.25 spaces per dwelling unit of overflow off-street parking shall be required.
(4)
Multifamily dwelling.
(a)
Multifamily dwelling units are individual dwelling units which may share a common outside access or which may have individual outside entrances to each unit. They shall contain three or more dwelling units in a single structure.
[1]
Minimum tract or site area eligible for multifamily dwellings: six acres.
[2]
Maximum impervious surface ratio: 50%.
[3]
Minimum lot area per unit: 2,000 square feet.
[5]
Maximum number of units per building: 12 feet.
[6]
Minimum lot width at building line: 300 feet.
[7]
Maximum building height: 35 feet.
[8]
Maximum density per acre of site area: eight units per acre.
[9]
Minimum open space (percent of site area): 40%.
(b)
In addition to the parking requirements per unit, 0.25 space per dwelling unit of overflow off-street parking shall be required.
(5)
Performance subdivision.
(a)
Performance subdivisions are residential developments in which mixed housing types are encouraged in order to provide a variety of housing choices. Units are to be clustered to provide common open space for recreation uses and to protect natural resource features on the site. The following dwelling types are permitted: single-family dwelling, two-family dwelling, townhouse dwelling, multifamily dwelling.
(b)
Dwelling unit mix. All performance subdivisions containing more than 60 dwelling units shall contain at least two types of units. These can include single-family dwellings, two-family dwellings, multifamily dwellings, or townhouse dwellings. Where a mix of dwelling unit types is required, a minimum of 20% of all units shall be of a single dwelling unit type.
(c)
Area and dimensional requirements for performance subdivisions.
(6)
Mobile home park. See definition in Article II. A mobile home is permitted on any lot where single-family detached dwellings are permitted, in compliance with the lot, area, dimensional, and other requirements for single-family detached dwellings in the district in which the mobile home is located.
(7)
Residential conversion. The alteration of an existing principal residential structure to create within it one additional self-contained dwelling unit; or the change in use of an accessory building by creating within it a new self-contained dwelling unit, in accordance with the following regulations:
(b)
Each dwelling unit shall have a safe and convenient means of ingress and egress. No conversion which requires the addition of an outside stairway or a fire escape on the front or side of the building shall be permitted.
(c)
No new building additions may be constructed and no increase in floor area is permitted in order to accommodate a residential conversion.
(d)
Two off-street parking spaces must be provided for each new dwelling unit created.
(e)
No more than one additional dwelling unit may be created per lot, and no residential conversion is permitted on lots where an accessory family apartment has been permitted.
B.
Nonresidential uses.
(1)
Adult commercial. Any adult or sexually oriented business, including any business establishment that regularly features live performances, which are distinguished or characterized by an emphasis on the exposure of the genitals or buttocks of any person, or the breasts of any female person. Or specified sexual activities that involve the exposure of the genitals or buttocks of any person, or the breasts of any female person, or any business whose primary purpose is the sale or display of matter that, because of its sexually explicit nature, may, pursuant to state law or other regulatory authority, be offered only to persons over the age of 18 years. Adult commercial may include an adult arcade, adult bookstore, adult cabaret, adult motion-picture theater, or adult visual materials or video store as defined in this chapter. The adult commercial use includes any other use or business, regardless of how named or advertised, that is of a character like or similar to the uses and businesses described herein.
(a) ADULT ARCADE ADULT BOOKSTORE ADULT CABARET ADULT MOTION-PICTURE THEATER ADULT VISUAL MATERIALS OR VIDEO STORE DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON REGULARLY FEATURES SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES[1] [2] [3] [4] [5]
The following definitions shall apply the adult commercial use:
Any place in which the public, or a private member, is permitted or invited wherein coin-operated or slab-operated or electronically, electrically, or mechanically controlled still or motion picture, or video machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
An establishment having as a substantial, significant, or preponderant portion of its stock in matter which are distinguished or characterized by their emphasis on content depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.
A building or portion thereof or area regularly featuring the presentation or exhibition of live performers whose performances are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as hereinafter defined; or whose performances are rendered in a state of dress so as to expose the female breast below a point immediately above the top of the areola; male or female genitals; pubic areas; buttocks; or the female breast with only the nipple or areola covered, or any combination thereof, for observation by patrons or customers.
A building or portion thereof or area, open or enclosed, used for the presentation on more than 1/3 of the days in a calendar year during which motion-picture films, videocassettes, CDs, DVDs, cable television or any other such visual media are displayed or exhibited, of films, videocassettes, cable television or other visual media which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as hereinafter defined for observation by patrons or customers. "Adult motion-picture theater" does not include any room or suite of rooms rented for human occupancy in a hotel or motel which is equipped or furnished with a videocassette-playing machine or cable television.
A building or portion thereof used by an establishment having not less than 10% of its actual display area devoted to, or stock-in-trade for sale or rental to the public or any segment thereof, consisting of books, magazines, other publications, films, videocassettes, CDs, DVDs, or any combination thereof which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as hereinafter defined.
The dominant or essential theme of the object described by such phrase.
With respect to an adult commercial use, means a regular, substantial course of conduct. The presentation, in or at any building or portion thereof, of live performances which are distinguished or characterized by an emphasis upon the display or specified anatomical areas or specified sexual activity on four or more occasions within a calendar year shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.
Any of the following:
Any of the following whether performed directly or indirectly through clothing or other coverings:
Human genitals in a state of sexual stimulation or arousal;
Sexual acts, actual or simulated, including sexual intercourse, oral copulation or sodomy;
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast;
Masturbation, actual or simulated; and
(b)
The building or structure of an adult commercial use shall be located no less than 500 feet from any residential use or zoning district, public or private school, place of worship, recreation facility, cemetery, college or university, commercial recreational/sports facility, community center, day-care center, emergency services, funeral home, hospital, library/museum, nursing home/personal care home, private club, psychiatric center or clinic, public recreational facility, or any other religious, institutional, or educational use. Residential uses include, but are not limited to, the following: single-family detached dwellings, two-family dwellings, townhouse dwellings, multifamily dwellings, performance subdivision, mobile home park, residential conversion, dormitory, accessory family apartment, bed-and-breakfast, boarding, residential accessory building or structure, and apartment in combination with a permitted nonresidential use. Residential zoning districts include the following: R-1 Residence District, R-2 Residence District, VH Village Historical District, and MHP Mobile Home Park District. The setbacks and distances for an adult commercial use shall also apply from buildings and structures, uses, and zoning districts located in an adjacent municipality.
[1]
For the purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure of the adult commercial use, to the nearest boundary line of any premises falling within one or more of the enumerated categories set forth in Subsection B(1)(b).
(c)
No adult commercial use shall be located within 2,000 feet of another adult commercial use. This separation shall also apply to similar uses located in an adjacent municipality.
(d)
The adult commercial use shall not include conduct which is prohibited pursuant to the provisions of 18 Pa.C.S.A. § 5903 (relating to obscene and other sexual materials and performances), 18 Pa.C.S.A. § 3127 (relating to indecent exposure), 18 Pa.C.S.A. § 5901 (relating to open lewdness), 18 Pa.C.S.A. § 6504 (relating to public nuisances), or any other applicable statute, law or regulation.
(e)
No person under the age of 18 years of age shall be permitted within a building whose operation would be considered an adult commercial use.
(f)
No such use shall be allowed in combination with the sale of alcoholic beverages.
(g)
No adult commercial use shall be operated in any manner that permits the observation of any material or activities depicting describing or relating to specific sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.
(h)
All off-street parking areas and premises entries of the adult commercial use shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of lighting on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways servicing the adult commercial use for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct.
(i)
All parking areas must be located in front of the building.
(j)
Such use shall only be operated between the hours of 4:00 p.m. and 12:00 a.m. (either on the Eastern standard or Daylight saving time system). Extended hours of operation may be approved by the Borough Council upon submission of a written request by the applicant/owner of the facility. The Borough Council shall take into consideration the type of facility, amount of usage, and impact on adjoining properties when reviewing such requests.
(k)
An adult commercial use shall not include the following:
[1]
Any activity conducted or sponsored by a school district or other public agency; so long as such activity is being conducted as part of and within the scope of an authorized and regular part of the curriculum or is part of a training or instructional program being conducted by a public agency.
[2]
Any activity conducted by a person pursuant to any license issued by the Commonwealth of Pennsylvania or any agency thereof charged with the responsibility of licensing, prescribing standards for and supervising such activity or profession, in and to the extent that such activity is conducted within the course and scope of the exercise of the privileges authorized by such license, or the duties of such agency.
(l)
The applicant must show that the proposed adult commercial use would not adversely affect the character of the surrounding area, including the property value for any property that is likely to be affected. If Council determines that any adverse affect could be eliminated by adequate setbacks between the proposed use and affected properties, then Council may impose such setbacks as a condition of approval. This authority to impose adequate setbacks as a condition should not be construed to limit any other authority that Council has under law to impose conditions on approval.
(m)
In addition to the notice required by § 450-62A of this chapter, the applicant shall provide receipts showing that he/she has mailed by certified mail a written notice of the proposed special exception hearing date to all property owners of record within 1,000 feet of the subject property at least 10 days prior to the hearing date.
(n)
Specific precautions shall be made to prohibit minors from entering an adult commercial use premises, including but not limited to checking appropriate identification for persons who reasonably appear to be less than 25 years of age. An owner or operator of an adult commercial use commits a violation of this chapter if the owner or operator knowingly or negligently allows a person under the age of 18 years on the premises of an adult commercial use. It shall not be a defense that the person appeared to be 18 years of age or older. It is the owner's and operator's responsibility to insure that minors are not admitted to the premises. In the event of such a violation, the Zoning Officer may revoke the zoning or use permit for such adult commercial use and issue an enforcement notice if the adult commercial use continues to operate in spite of revocation of its permit.
(o)
No such use shall be permitted for any purpose that violates any federal, state, or Borough law. Any violation of this zoning requirement involving any criminal offense that the owner, proprietor, or operator had continuing knowledge of and allows to occur shall be sufficient reason for the Borough to revoke all Borough permits concerning this use.
(p)
No adult commercial use may include live actual or simulated sex acts or any sexual contact between entertainers.
(q)
All patrons within any adult commercial use shall wear nontransparent garments that cover their genitals and the female areola.
(r)
The applicant shall submit to the Borough a written list of all persons having an ownership interest of more than 1% in the business, including shareholders and partners, of any corporation, partnership, limited liability company, or other entity. The applicant shall also submit the name of the manager who is responsible to ensure that all Borough and state regulations are enforced on a day-to-day basis.
(2)
Automobile body repair and/or paint shop. Establishments doing paint spraying, body and fender work, and custom automobile body work:
(a)
All such work shall be performed within a building;
(b)
All related automotive parts, refuse, and similar articles shall be stored within a building or enclosed area screened or fenced from view from the street and surrounding properties;
(c)
No vehicle shall be stored in the open awaiting repairs for a period exceeding 21 consecutive days, unless screened from all adjacent roads and properties by a fence or compact hedge at least eight feet in height.
(3)
Automobile sales. Sale or rental of automobiles by a new car dealership, used car sales, car, truck, trailer, cycle and boat rental.
(a)
Minimum lot area: 60,000 square feet.
(b)
Maximum building coverage: 25% of lot area.
(d)
No commercial sale of gasoline or diesel fuels shall be permitted.
(e)
All preparation, lubrication, repair and storage of parts shall be accessory to the principal use and shall be conducted within a building.
(f)
Parking for customers must be clearly marked and separate from storage areas for vehicles for sale or vehicles awaiting service.
(4)
Automobile service station and/or car wash. An establishment for the sale of products and services for automobiles or motor vehicles, with or without an accessory car wash.
(a)
Minimum lot area: 40,000 square feet.
(b)
Minimum lot width at front building setback line: 200 feet.
(c)
All repair, storage of parts, and other activities except for fuel sales shall be performed within an enclosed building. Lubrication, oil changes, tire changes, and minor repairs permitted if entirely within a building. All refuse shall be stored within an enclosed building or screened with a landscaped fence.
(d)
Paint spraying or auto body work is prohibited.
(e)
Sale or rental of automobiles only is permitted where the total number of automobiles on the property at any one time does not exceed six. No trailer rentals are permitted.
(f)
Vehicles awaiting repairs shall not be stored outdoors for more than 30 days.
(g)
No junk vehicles or vehicles without a valid registration shall be stored in the open at any time unless awaiting repairs or for sale.
(h)
Fuel pumps shall be at least 25 feet from any ultimate street right-of-way.
(i)
Self-serve gas pumps shall meet all applicable federal, state, and county regulations.
(j)
Where a car wash is to be provided, the facility shall have a drainage system which ensures that water will not collect on driveways, sidewalks, or streets.
(5)
Bank or financial establishment: bank, savings and loan association, credit union and other financial establishment. If a drive-in window is provided, a stacking area to accommodate at least six vehicles shall be provided for each drive-in window.
(6)
Beer/soda distribution: A retail facility for the sale of beer, soda, and related snack foods which may have a drive-through facility. Where a drive-through is provided, a stacking lane adequate for six cars shall be provided so that cars do not interfere with the flow of traffic on adjacent streets or parking areas.
(7)
Cemetery: A burial place or graveyard including mausoleum, crematory, or columbarium.
(8)
College or university: An educational facility authorized to award baccalaureate degrees and post-baccalaureate degrees and which may include buildings and structures necessary for the operation of a college or university, including classroom buildings, laboratories, gymnasiums, recreational facilities, and dormitories.
(a)
Minimum lot area: 10 acres.
(9)
Commercial recreational or sports facility. A private commercial sports facility, indoor or outdoor, such as tennis club, skating rink, fitness club, swimming pool, bowling alley, skating rink, billiard hall, indoor movie theater, theater, miniature golf course, game arcade, subject to the following additional requirements:
(a)
Minimum lot area: one acre.
(b)
No outdoor active recreational area shall be located nearer to any lot line than 50 feet.
(c)
Outdoor play areas shall be sufficiently screened so as to protect the neighborhood from noise and other disturbances. Buffer yards of a minimum width of 30 feet planted in accordance with the standards of this chapter shall be provided if the use is located within a residential district or adjacent to a residential use.
(d)
No audio speakers or equipment shall be installed inside or outside the location of such use which would cause sounds to emanate to the exterior of the establishment.
(10)
Community center. A community center is an educational, social or recreational center operated by an educational, philanthropic, or religious institution, which is not conducted as a commercial enterprise and which is not a use which is customarily carried on as a business and which does not include residential facilities for chronically ill or other persons who need institutional care due to illness, disability, or who are part of a criminal justice program. A buffer area between any outdoor recreational areas and adjoining residential properties or residential districts is required and must have a width of 12 feet, planted in accordance with the requirements of this chapter.
(11)
Contractor services. The office and shop of a contractor providing building, electrical, heating, painting, roofing, carpentry, or plumbing, provided that the following regulations are met:
(a)
No storage of used or discarded materials, including but not limited to wastepaper, metal, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use, is permitted.
(b)
Contractor vehicles, trucks, and equipment shall be parked in a designated area which shall be behind the required setback lines.
(c)
Outside storage of materials and supplies is permitted only in accordance with the regulations for outside storage or display in this chapter.
(d)
No storage of nonoperable or junk vehicles is permitted. All requirements of other Borough ordinances regulating vehicles must be complied with.
(12)
Convenience store: a retail store offering primarily groceries, prepared food items, and other small consumer items intended for quick carry-out trade.
(a)
Separate accessways shall be provided for the safe and convenient egress and ingress of motor vehicles. No accessway shall exceed 35 feet in width.
(b)
There shall be no more than one access point into the facility from each street on which the facility has frontage, unless specifically permitted by the Borough Council, upon recommendation by the Planning Commission. No drive-through windows are permitted.
(c)
Trash receptacles shall be located and landscaped so as to not create an intrusion upon adjacent properties. Convenience stores shall provide a trash storage area which shall be screened from the street and adjacent properties by an enclosed fence at least six feet in height to prevent trash from blowing from the area and to serve as a visual screen for the trash area.
(13)
Craft village: a facility or group of structures and buildings where craftsmen or artisans manufacture items for sale for personal or household use, such as cabinetmakers, furniture makers, and makers of artistic or craft items. A craft village is only permitted on a lot or tract where there is an existing historic structure, as identified by the Borough Historical Commission and Borough Council, and where the historic building is used as part of the craft village and is preserved and/or rehabilitated to maintain its historic character. Buildings so designated must be maintained in accordance with the "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," published by the Heritage Conservation and Recreation Service, U.S. Department of the Interior.
(a)
Minimum lot area: four acres.
(c)
Only products made on the same lot with and within the craft village shall be sold on the premises.
(d)
The indoor area devoted to retail sales within the craft village shall not exceed 30% of the total floor area of the buildings on the lot and shall be limited to the products described in Subsection B(13)(c).
(e)
The outdoor area devoted to temporary outdoor sales shall not exceed 10% of the total lot area and shall be limited to the products described in Subsection B(13)(c). All tables, booths, stands, or other items or accessories used to display or sell craft items shall be removed or stored within an enclosed building when the craft village is not open and in operation.
(f)
Off-street parking areas shall be located no less than 25 feet from all property lines and the street right-of-way line.
(g)
A planted buffer 20 feet in width and planted with a mix of evergreens and shrubs shall be provided wherever the use abuts a residential district or residential use.
(h)
Food vendors and vending machines located outside an enclosed building are prohibited.
(14)
Day-care center: cay-care service or nursery school for more than six children, providing out-of-home care for part of a twenty-four-hour day to children under 16 years of age, excluding care provided by relatives and care provided by places of worship during religious services.
(a)
The facility shall meet all applicable design, site and area standards of the Pennsylvania Department of Public Welfare, Day Care Division, and must obtain a license from the Department of Public Welfare.
(b)
Buffer yards of a minimum width of 12 feet planted in accordance with the standards of this chapter shall be provided if the use is located within a residential district or adjacent to a residential use.
(15)
Dormitory: a building occupied by and maintained exclusively for faculty, students or other such persons affiliated with Subsection B(8), College or university, or other educational facility and which is regulated by such institution.
(16)
Eating place: eating place for the sale and consumption of food and beverages without drive-through service.
(17)
Eating place with drive-through service: eating establishments, restaurants, or cafeterias in which the principal business is the sale of foods and/or beverages in ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises.
(a)
Minimum lot area: 40,000 square feet.
(b)
Minimum lot width: 150 feet.
(c)
Access requirements. The facility must have access to a collector or arterial street.
(d)
There shall be only one point of ingress and one point of egress to the collector or arterial street. This may be accomplished in one of the following ways:
[1]
The ingress and egress are adjacent to each other with no physical separation, with a driveway width of not less than 24 feet and not more than 36 feet.
[2]
The ingress and egress are adjacent with a raised island separating the two. The island shall be no more than 10 feet wide. Each driveway shall be at least 14 feet in width but not more than 20 feet.
[3]
The ingress and egress are completely separated on the lot. In this case, the driveways shall be at least 100 feet apart measured from center line to center line. Each driveway shall be at least 14 feet wide but not more than 20 feet wide.
(e)
When the use is on the same lot with or adjacent to other commercial facilities, it shall use a common access with the other commercial establishments and shall not have a separate access onto the street.
(f)
No parking shall be permitted in the front yard.
(g)
Parking shall be set back a minimum of 10 feet from any side or rear lot line.
(h)
Where a drive-in window is proposed, a stacking lane shall be provided to serve a minimum of nine cars. The stacking lane shall not be used for parking lot circulation aisles, nor shall it in any way conflict with through circulation or parking.
(i)
Trash receptacles shall be provided outside the restaurant for patron use. A trash storage area shall be provided which is screened from the street and adjacent properties, located so that it does not conflict with parking, or pedestrian or vehicular circulation.
(j)
No outside storage is permitted, other than necessary trash storage.
(k)
All such facilities shall be closed to the public during the hours of 12:00 midnight to 6:00 a.m.
(l)
Lighting.
[1]
All portions of the parking lot shall be lighted during after-dark operating hours;
[2]
Light standards shall be located on the raised planting islands and not on the parking surface;
[3]
Light shall be confined to the property and shall not be cast upon adjacent properties or public rights-of-way;
[4]
Maximum height of light standards is 15 feet.
(m)
Parking areas shall have at least one tree for every 10 parking spaces located within the parking lot on planting islands.
(n)
A planted buffer 10 feet in width shall be provided along all side and rear property lines, except where the establishment shares a driveway with an adjacent commercial use, as described in Subsection B(17)(e).
(o)
No play areas or playgrounds are permitted.
(p)
No outdoor entertainment or music is permitted in association with outdoor eating, except in the case of special events with prior permission from the Borough.
(18)
Emergency services: fire, ambulance, rescue and other emergency services of a municipal or volunteer nature.
(19)
Forestry/timber harvesting. The management of forests and timberlands when practiced in accordance with accepted forestry principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. Clear-cutting or selective cutting of forest or woodlands for development, building, subdivision, or any other land use change is not forestry.
(a)
Purpose. In order to preserve forests and the environmental and economic benefits they provide, it is Borough policy to encourage the owners of forest land to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife and amenity values.
(b)
Applicability. A zoning permit shall be required for all forestry/timber harvesting activities; however, an individual property owner need not obtain a permit to cut a tree or trees as part of normal home maintenance and upkeep, and the following activities are specifically exempted:
[1]
Removal of diseased or dead trees.
[2]
Removal of trees which are in such a condition or physical position as to constitute a danger to the structures or occupants of properties or a public right-of-way.
[3]
Removal of up to five trees per acre of woodlands per year, not to exceed a total of 10 trees per lot, or any combination of adjoining lots in common ownership, which are 12 inches or more in diameter, measured at breast height, and not covered by the exemptions in the foregoing Subsection B(19)(b)[1] and [2].
(c)
Forestry plan required.
[1]
Notification of commencement or completion. For all forestry and timber harvesting operations that are expected to exceed one acre, the landowner shall notify the Borough at least 10 business days before the operation commences and within five business days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.
[2]
Forestry plan. Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this chapter. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Borough enforcement officer upon request.
[3]
Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
(d)
Contents of the forestry/logging plan.
[1]
Design, construction, maintenance of the access system, including haul roads, skid roads, skid trails and landings;
[2]
Design, construction and maintenance of stream and wetland crossings;
[3]
The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways;
[4]
Copies of all required permits shall be submitted;
[5]
Proof of current general liability and/or workers compensation insurance;
[6]
Proof of PennDOT highway occupancy permit or Borough driveway permit for temporary access, as applicable;
[7]
Copy of Bucks County Conservation District "Letter of Adequacy" for the proposed erosion control facilities, including associated plans, reports and other permits, as required;
[8]
Map showing site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property;
[9]
Significant topographic features related to potential environmental problems;
[10]
Location of all earth disturbance activities such as roads, landings and water control; measures and structures;
[11]
Location of all crossings of streams or water of the commonwealth.
(e)
Compliance with all laws. The forestry/logging plan shall address and comply with the requirements of all applicable federal, state and Borough laws and regulations, including but not limited to the following:
[1]
Erosion and sedimentation control regulations contained in 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.);
[2]
Stream crossing and wetlands protection regulations contained in 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.); and
[3]
Stormwater management plans and regulations issued pursuant to the Stormwater Management Act (32 P.S. § 680.1 et seq.)
[4]
Compliance with federal law/regulations. The forestry/logging plan shall address and comply with the requirements of all applicable federal laws and regulations including, but not limited to, the best management practices (BMPs).
[5]
Compliance with Borough ordinances. The forestry/logging plan shall comply with the requirements of § 450-38A(4) of this chapter which limits removal of trees to 20% of the wooded area.
(f)
Forest practices. The following requirements shall apply to all forestry/timber harvesting operations.
[1]
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Borough or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
[2]
No forestry refuse shall be left on or within 25 feet of any public thoroughfare.
[3]
Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.
[4]
Any soil, stones and/or debris carried onto public roadways must be removed immediately.
[5]
No forestry/logging use shall be permitted within areas with slopes of 15% or greater.
[6]
When the harvest is completed, both dirt roads used by the trucks and skid roads used to drag the logs from the woods to the loading area must be graded approximately to original contours, and be seeded and mulched as necessary to establish stable ground cover.
[7]
A "No Logging" buffer zone with a width of 25 feet shall be maintained along any street abutting or running through a property on which the forestry/logging operation is to be conducted. The buffer shall be measured from the ultimate right-of-way of a public street and from the easement boundary of a private street. No trees shall be cut, removed, skidded, or transported in a "No Logging" buffer zone except as necessary access to site from the street.
[8]
A "No Logging" riparian buffer zone with a width of 50 feet shall be maintained along all properties abutting a property on which the logging operation is to be conducted. The buffer shall be measured from the property line. No trees shall be cut, removed, skidded, or transported in a "No Logging" buffer zone except as necessary for access to site from a street.
[9]
A "No Logging" riparian buffer zone with a width of 50 feet shall be maintained along both sides of any watercourse or canal that abuts or runs through a property on which the forestry, logging, or timber harvest operation is to be conducted. The buffer shall be measured from the high water mark of the watercourse or canal. No trees shall be cut, removed, skidded, or transported in a "No Logging" riparian buffer zone.
(g)
Minimum lot area required for forestry/timber harvesting: five acres.
(h)
Financial security shall be established in a manner acceptable to the Borough to guarantee repair of all damage that may occur to public streets due to the forestry/logging operations, and to guarantee compliance with erosion and sedimentation control plans, compliance with stormwater management plans and restoration of the site upon completion of logging operations.
(i)
Enforcement.
[1]
Inspections. Any official or employee of the Borough may go upon the site of any timber harvesting operation before, during or after active logging to:
[2]
Violation notices; suspensions. Upon finding that a forestry or timber harvesting operation is in violation of any provisions of this chapter, the Borough shall issue the operator and the landowner a written notice of violation describing each violation and specifying a date by which corrective action must be taken.
[b]
Suspension orders shall be in writing, shall be issued to the operator and the landowner, and shall remain in effect until, as determined by the Borough, the operation is brought into compliance with this chapter, or other applicable statutes or regulations. The landowner or the operator may appeal an order or decision of an official or employee of the Borough in accordance with the provisions of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(20)
Fuel storage and distribution: facility for the storage and distribution of oil, gas and other petroleum products. This use does not include or shall not be interpreted to include automobile service station and/or car wash as defined and regulated by this chapter.
(a)
Maximum lot area: five acres.
(21)
Funeral home: a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation, including auditorium, and temporary storage facilities, but not including crematoria or cemeteries, columbariums, mausoleums, or any other permanent storage facility.
(a)
Minimum lot area: 40,000 square feet.
(22)
Hospital: an institution licensed by the Commonwealth of Pennsylvania for the purpose of providing primary health services and medical or surgical care to persons suffering from illness, disease, injury or other abnormal physical or mental conditions, and including as an integral part of the institution-related facilities such as laboratories, outpatient facilities, rehabilitation facilities, or training facilities.
(a)
Minimum lot area: 10 acres.
(b)
Minimum lot width at building setback line: 400 feet.
(c)
Maximum impervious surface ratio: 50%.
(d)
Maximum building height except recreational buildings and facilities: 35 feet.
(e)
Maximum building height for recreational building and facilities: 45 feet.
(f)
Maximum building coverage: 30%.
(h)
The premises shall be served by public sewage.
(i)
Maximum numbers of patients in residence shall be 12 patients per acre.
(23)
Kennel. The keeping of more than five dogs that are more than six months old for breeding, training, sale or boarding constitutes a kennel. The following requirements shall be met:
(24)
Library/museum: library or museum, open to the public or connected with a permitted educational use.
(25)
Light manufacturing.
(a)
A use engaged in the manufacture of instruments or products of a scientific or technological nature from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, packaging, incidental storage, and wholesale distribution of such products, but excluding basic industrial processing and excluding transfer or processing of solid waste. Basic industrial processing involves the processing or manufacture of materials or products predominantly from extracted or raw materials, or a use engaged in storage of or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or other conditions that would not comply with § 450-40, Protection standards, of this chapter.
(b)
No outside storage of construction equipment or construction vehicles is permitted. No storage of used or discarded materials, including but not limited to wastepaper, liquids, metal, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use, is permitted.
(26)
Lumber yard/planing mill. Lumber yard/planing mill where wood products are sold or processed to finished items such as molding, trim, etc.
(a)
Minimum lot area: two acres.
(26.1)
Medical marijuana dispensary.
(a)
Conditional use criteria.
[1]
A medical marijuana dispensary shall provide proof of registration with the Department of Health, or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be denied or revoked at any time, any special exception shall immediately become void.
[2]
A medical marijuana dispensary shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.
[3]
A medical marijuana dispensary must be located on a lot containing not less than one acre.
[4]
A medical marijuana dispensary shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a residentially zoned property or a parcel containing a public, private or parochial school, day-care center, place of worship, public park, or community center; nor shall a medical marijuana dispensary be located closer than 2,500 feet from another medical marijuana dispensary or from a medical marijuana grower/processor.
[5]
A medical marijuana dispensary must operate entirely within an indoor, enclosed, and secure facility. No exterior sales, and no sidewalk displays, shall be permitted. No drive-through, dropoff, or pickup services shall be permitted.
[6]
A medical marijuana dispensary may not operate on the same site as a medical marijuana grower/processor.
[7]
A medical marijuana facility shall be limited to hours of operation not earlier than 9:00 a.m. and not later than 9:00 p.m.
[8]
A medical marijuana dispensary shall submit a disposal plan to, and obtain approval from, the Police Chief. Medical marijuana remnants and by-products shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.
[9]
There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana dispensary is operating.
[10]
No one under the age of 18 shall be permitted in a medical marijuana dispensary, unless accompanied by a caregiver as required under Section 506 of the Medical Marijuana Act.
[11]
No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.
[12]
The minimum size of a medical marijuana dispensary facility shall be 2,000 gross square feet in total floor area.
[13]
A medical marijuana dispensary shall submit a security plan to, and obtain approval from, the Borough Engineer, the Borough Planner, and the Police Chief. The medical marijuana dispensary shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 1102 of the Medical Marijuana Act and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.
[14]
A medical marijuana dispensary shall provide proof of a contract with a private security company and shall be staffed with/monitored by security personnel 24 hours a day and seven days a week.
[15]
A medical marijuana dispensary shall submit a site plan for approval by the Borough Engineer and a floor plan for approval by the Borough Building Code Official. The floor plan shall identify internal security measures. All medical marijuana product, by-product, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.
(26.2)
Medical marijuana grower/processor.
(a)
Conditional use criteria.
[1]
A medical marijuana grower/processor shall provide proof of registration with the Department of Health, or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be denied or revoked at any time, any conditional use approval shall immediately become void.
[2]
A medical marijuana grower/processor shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.
[3]
A medical marijuana grower/processor must be located on a lot containing not less than two acres.
[4]
A medical marijuana grower/processor shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private or parochial school or a day-care center; nor shall a medical marijuana grower/processor be located closer than 2,500 feet from another medical marijuana grower/processor or medical marijuana dispensary.
[5]
A medical marijuana grower/processor must operate entirely within an indoor, enclosed, and secure facility.
[6]
A medical marijuana grower/processor may not operate on the same site as a medical marijuana dispensary.
[7]
A medical marijuana grower/processor shall be limited to hours of operation not earlier than 9:00 a.m. and not later than 9:00 p.m.
[8]
A medical marijuana grower/processor shall submit a disposal plan to, and obtain approval from, the Police Chief. Medical marijuana remnants and by-products shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.
[9]
There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana grower/processor is operating.
[10]
No one under the age of 21 shall be permitted in a medical marijuana grower/processor.
[11]
No retail sales of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.
[12]
No use of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.
[13]
A medical marijuana grower/processor shall submit a security plan to, and obtain approval from, the Police Chief. The medical marijuana grower/processor shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 1102 of the Medical Marijuana Act and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.
[14]
A medical marijuana grower/processor shall contract with a private security company, and the grower/processor shall be staffed with/monitored by security personnel 24 hours a day and seven days a week.
[15]
A medical marijuana grower/processor shall submit a site plan for approval by the Borough Engineer and a floor plan for approval by the Borough Building Code Official. The floor plan shall identify internal security measures. All medical marijuana product, by-product, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.
(27)
Miniwarehouse: warehouse or storage units provided for lease to the general public for the purpose of storage of articles associated with residential properties.
(a)
Dimensional requirements.
[1]
Minimum lot area: two acres.
[2]
Maximum building coverage: 15%.
[3]
Maximum impervious surface ratio: 40%.
[4]
Minimum setbacks from street line: 75 feet.
[5]
Minimum setbacks from other lot lines: 35 feet.
[6]
Minimum lot width at the street line: 150 feet.
[7]
Maximum height of storage units: 12 feet.
[8]
Maximum height of other buildings: 35 feet.
[9]
Minimum aisle width between buildings: 26 feet.
[10]
Maximum size of any individual storage unit: 300 square feet.
[11]
Maximum size of any structure: 3,000 square feet.
(b)
The storage facilities complex shall be surrounded by a fence and the outside perimeter of the fence shall be surrounded by an evergreen hedge which shall provide a complete visual screen, with evergreens a minimum of six feet in height planted every six feet and one flowering tree every 20 feet along the entire perimeter of the site. The fence shall be of masonry, wood, or metal construction, but may not be chain-link fence.
(c)
Outdoor storage of automobiles, boats, recreation vehicles, or any other items not enclosed within a storage unit is not permitted.
(d)
Minimum requirements for lease restrictions:
[1]
Storage limited to items of personal property generally stored in residential accessory structures and not for any commercial, business, or nonresidential establishment;
[2]
No retail business activities other than leasing of storage units; no rental of trucks or vehicles;
[3]
No explosive, toxic, radioactive or highly flammable materials may be stored;
[4]
No food may be stored;
[5]
Storage units may not be used as a staging area or distribution point for any business.
(e)
Parking: minimum of four spaces plus one space for every 50 storage units.
(f)
Color, design, and layout shall be reviewed by the Zoning Hearing Board as part of the special exception review process to ensure that the use is compatible in terms of appearance with the Borough in general and the surroundings.
(g)
All driveways between miniwarehouse storage units must be paved to meet Borough paving standards. Driveways between structures shall be a minimum of 24 feet in width.
(h)
An accessory office is permitted as an accessory use.
(28)
Motel or hotel: a building or group of buildings for the accommodation of transient guests, containing guest rooms for rent, not including a bed-and-breakfast or a boarding home or any other use specifically defined by this chapter.
(30)
Nursing home or personal care boarding home: a care facility licensed and approved by the Commonwealth of Pennsylvania to provide personal care, intermediate care, or full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity, require such care. Nursing homes must be licensed by the Pennsylvania Department of Health; facilities providing personal care boarding must be licensed by the Pennsylvania Department of Welfare.
(31)
Office, business or professional: offices for business or professional use, including offices providing legal, engineering, design, insurance, brokerage, or other similar services, and which do not include retail activities and which are distinct from home offices. No accessory outside storage is permitted and all activities must take place within an enclosed building.
(32)
Office, governmental: Borough offices; a Borough administration building, police station, road maintenance facility, parking lot, municipal authority building, district justice office, county office, or other office of a local, county, state, or federal governmental agency.
(33)
Office, medical: office or clinic for medical or dental examination or treatment of persons as outpatients.
(34)
Place of worship: structure or structures used for religious worship or religious instruction, including social, educational, and administrative rooms accessory thereto. A place of worship may include a nursery school or day-care facility as an accessory use. Access shall be to a collector or arterial streets.
(35)
Private club: private club, lodge, or fraternity other than a commercial recreational or sports facility, subject to the following additional provisions:
(a)
Each building or facility devoted to such use shall be primarily for the use of members and their guests.
(b)
The eating and dining accommodations shall be incidental to the purpose of the club.
(c)
In all residential districts, private organizations shall be limited to homeowners' associations, condominium associations, or neighborhood associations which do not as part of their regular activities provide dining services and/or the service of alcoholic beverages.
(36)
Psychiatric center or clinic: a facility licensed by the Commonwealth of Pennsylvania which provides full-time psychiatric or mental health care for three or more individuals who are not related by blood or marriage to the operator and subject to the following additional requirements:
(37)
Public recreational facility: recreational facility or park, owned or operated by the Borough or other governmental agency, or owned and operated by a civic group for the residents of New Britain Borough, subject to the following additional regulations:
(a)
No active outdoor recreation facility, such as a playing field or court, shall be located nearer to any lot line than 50 feet.
(b)
Outdoor play areas shall be sufficiently screened so as to protect the neighborhood from noise and other disturbances.
(c)
Uses are limited to open space, active recreational facilities involving fields or courts, nature preserve, children's playground equipment, and picnic areas.
(38)
Repair shop: any business for the repair of consumer goods but not including repair of automobiles, motor vehicle or motorcycles and not including the repair of other items which, as part of the repair process, causes noise, fumes, or other disturbances to emanate to the property line of the establishment.
(39)
Research: scientific or industrial research, testing or experimental laboratory or similar establishment for research or product development. No research facility shall be permitted which constitutes a danger to the community because of medical or biological wastes, combustible, chemical, or radioactive materials.
(41)
Retail trade and services: establishments engaged in selling goods or merchandise to the general public for personal or household consumption or use and rendering services incidental to the sale of such goods; or establishments primarily engaged in providing services involving the care of a person or his or her household goods, apparel, or other belongings. Such use does not include an eating place, eating place with drive-through service, or other use specifically designated in this chapter as a separate use.
(42)
School: religious, sectarian and nonsectarian, denominational private school, or public school which is not conducted as a private gainful business, and is licensed under the proper governmental authority to provide education for pre-kindergarten through grade 12.
(43)
Shopping center: a neighborhood shopping center, planned and designed as a complex of related structures and circulation patterns, subject to the following additional criteria:
(a)
Minimum lot area: three acres.
(b)
Shopping centers may only be located on an arterial or collector road.
(c)
All establishments in the shopping center must have vehicular service access either from an individual service yard or from a common service area serving several establishments. All such service areas must be segregated from public areas and screened from public view.
(d)
A pedestrian circulation system shall be planned for the shopping center.
(e)
Trash receptacles shall be located and landscaped so as to not create an intrusion upon adjacent properties. Trash storage area shall be screened from the street and adjacent properties by an enclosed fence at least six feet in height to prevent trash from blowing from the area and to serve as a visual screen for the trash area.
(f)
A buffer 30 feet in width shall be provided along all side and rear property lines except where the use abuts another shopping center.
(g)
Uses permitted within the shopping center are: retail trade or service business, restaurant, repair shop, large retail store, financial establishment, and commercial recreation facility.
(43.1)
Sober living facility: a facility wherein individuals reside together for purposes of recovering from drug, alcohol, and/or substance abuse. An applicant for a special exception for a sober living facility shall demonstrate that the facility will meet the parking requirements of § 450-42G(2) and will have a setback of at least 50 feet for each required yard.
(44)
State liquor store: a retail sales facility licensed by the Pennsylvania Liquor Control Board for the sale of wines and spirits.
(45)
Telecommunications facility: a structure or structures intended for transmitting or receiving radio, television, microwave, infrared, or telephone communication; any telecommunications facility, including a tower, antenna, equipment or associated buildings, for cellular and personal wireless communications used to transmit or receive cellular and personal wireless telecommunications signals.
(a)
Maximum height (measured from the finished grade around the structure at ground level to the top of all structures): 100 feet.
(b)
The tower and all of its supporting guys or structural supports shall be set back from any property line a distance equal to the height of the facilities plus 10 feet.
(c)
The facility must be licensed by the Federal Communications Commission, and must be reviewed and approved by the Federal Aviation Administration, and any other regulatory authority with jurisdiction. Any facility must meet the structural and design standards of the following: American National Standards Institute, ANSI/EIA/TIA-222-E Code, as amended; the Institute of Electrical and Electronic Engineers (IEEE-C95.1, as amended); the National Council on Radiation Protection and Measurements (NCRP); and the International Radiation Protection Association (IPRA). All telecommunications facilities such as towers and antennas shall be designed to withstand wind gusts of at least 100 miles per hour.
(d)
All buildings, structures, towers, and guy wires and anchor points shall be located so that none of these are located within the required front, side, or rear yard setbacks for the district in which it is located. The minimum lot area for the telecommunications facility shall be adequate to accommodate all necessary setbacks from property lines, in accordance with these regulations.
(e)
Applicants seeking to construct a telecommunications facility in New Britain Borough must first apply to the Borough to put the facility on Borough-owned land or facilities, provided such placement meets the requirements of this chapter.
(f)
The use shall be permitted by special exception only, except where a telecommunications facility is attached to an existing permitted, lawful telecommunications facility as a co-located facility and where the new facility does not increase the height of the existing lawful facility. In this case, the facility may be permitted by Borough Council upon recommendation by the Borough Planning Commission, pursuant to the requirements of Borough ordinances.
(g)
Standards for use.
[1]
The applicant shall present documentation that the tower is designed in accordance with the standards cited in this chapter for telecommunications facilities and with all applicable safety standards for all facilities and towers. The applicant shall demonstrate that the proposed telecommunications facility and tower are constructed in a manner consistent with all applicable industry standards; and the surrounding area will not be adversely affected by support structure failure. Towers and antennas shall be designed according to the standards of the American National Standards Institute, the Telecommunications Industry Association, and the Borough building code.[2]
[2]
All telecommunication facilities, including all towers, which are greater than 35 feet in height shall be designed to look like trees. This does not apply to any antenna proposed to be added to an existing lawful tower, antenna, or structure which exceeds 35 feet in height.
[3]
The applicant shall present a site plan showing the following items:
[a]
Locations of all existing uses and proposed telecommunications facilities.
[b]
Elevations and drawings of any existing uses and proposed telecommunications facilities, showing proposed width, depth, height, architectural style, and structural data for any towers proposed.
[c]
Vehicular access, fencing, landscaping, and any easements for access and utilities.
[4]
The applicant shall demonstrate that the height of the tower for the telecommunications facility is the minimum height necessary for the service area.
[5]
All towers and support structures shall be designed to permit other future users, including other telecommunications companies, and police, fire, and emergency services.
[6]
As part of the application procedure, the applicant shall demonstrate that other telecommunications licensees have been contacted with the objective of placing new facilities on existing towers rather than on a new tower.
[7]
No telecommunications facilities (buildings or towers) shall be located on any lot or building registered on the New Britain Borough List of Historic Places and the Borough's Village Historic District, and all telecommunications facilities shall be set back a minimum of 1,000 feet from all such historic places.
[8]
The telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance or emergency repair.
[9]
As part of the land development agreement for the construction or installation of any telecommunications facility, provisions shall be made for the removal of the structure by the applicant should the facility not be used for a period of six consecutive months. A bond satisfactory to the Borough shall be established to guarantee the facility removal. Provision shall be made for annual inspection reports, to be prepared at the sole expense of the owner/operator of the facility and provided to the Borough.
[10]
When the proposed telecommunications facility is to be located in part or in whole within a Borough right-of-way or on Borough land or a Borough facility, the applicant shall enter into a lease agreement and pay applicable lease fees. Fees shall apply to every user on the lot or tower.
[11]
An eight-foot-high security fence shall completely surround the tower (and guy wires, if used) and equipment building. Buffer plantings shall be planted around the perimeter of the security fence, or around such other area as Council may determine. Plantings shall consist of a mix of shrubs, trees and evergreens.
[12]
Telecommunications facility applicants/operators shall submit to the Borough copies of all radio frequency emission inspection reports required by the Federal Communications Commission or any other regulatory agency.
(h)
Standards for telecommunications facilities combined with another use on a lot. A telecommunications facility is permitted on a property with an another use subject to all the other requirements and standards for this use and to the following additional requirements:
[1]
If the telecommunications facility consists of a separate building, the building and tower shall not be located within the minimum front, side, and rear yard setbacks for the zoning district. The lot area for the use shall be the area needed to accommodate the buildings, towers, guy wires, buffer planting, and security fencing.
[2]
Vehicular access to the building and tower shall not interfere with the parking or circulation on the site for the principal use.
[3]
Documentation from the owner of the principal use indicating the willingness to grant an easement, lease, or other interest in real estate, shall be provided to the Borough.
[4]
A telecommunications facility is permitted, subject to all conditions, to be located on Borough facilities or Borough land, regardless of zoning district, where permission is granted by the Borough. The facility must meet all other requirements for telecommunications facilities, with the exception that the use may be permitted in the zoning district in which the Borough land or facility is located.
[5]
A special exception is not required for a facility which co-locates with a lawful permitted telecommunications facility and is not required for facilities placed on Borough-owned land. Land development approval is required for any new facility that is not co-located on an existing lawful facility.
(46)
Temporary structure or use. A temporary permit may be issued for structures or uses necessary during construction; or for temporary structures or uses needed for other special circumstances of a nonrecurring nature, subject to the following additional provisions:
(a)
The time period of the initial permit shall be one year.
(b)
Such structure or use shall be removed completely within 30 days of the expiration of the permit without cost to the Borough.
(c)
The permit may be renewed annually by the Zoning Hearing Board for an aggregate period of not more than three years.
(47)
Trade or commercial school: trade or commercial school providing instruction in a trade, in the arts, or other activities; this does not include a public or private school as defined by this chapter or a day-care center.
(48)
(49)
Utility: a private or municipal corporation organized and existing for the distribution and sale of water, electricity, gas, or the collection and disposal of sanitary waste or sewage and which is regulated in whole or in part by the Pennsylvania Public Utility Commission. This use does not include telecommunications facilities. Use is subject to the following requirements:
(a)
The utility must be essential to serve New Britain Borough residents;
(b)
No public business office or any storage yard or storage building shall be operated in connection with it;
(c)
A fifty-foot buffer yard shall be provided along all property lines which shall include adequate means for visual screening and fencing where required to protect the facility from trespassers; and
(d)
Minimum lot area: lot area shall be adequate for the facility, necessary off-street parking, and a fifty-foot buffer along all lot lines.
(50)
Veterinary office: a place where animals are given medical or surgical treatment. Use as a kennel shall be prohibited except for animals or pets undergoing medical or surgical treatment; use of the facility for boarding is prohibited except where the requirements for the use, kennel, are met.
(51)
Warehousing and distribution: terminal facilities operated for a specific commercial establishment or group of establishments for the storage of goods and materials.
(52)
Wholesale trade: establishments primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers and excluding retail trade to the public.
(a)
Minimum lot area: one acre.
(53)
Bed-and-breakfast. The use and occupancy of a detached dwelling shall be permitted for accommodating transient guests for rent which does not include residential facilities for chronically ill or other persons who need institutional care due to illness, disability, or who are part of a criminal justice program, subject to the following additional criteria:
(a)
The use shall be carried on primarily by members of the immediate family residing on the premises.
(b)
There shall be no separate kitchen or cooking facilities in any guest room. Food served on the premises shall be limited to breakfast and afternoon tea and shall be served only to guests of the establishment.
(c)
The use of any amenities provided by the guesthouse such as swimming pool or tennis courts shall be restricted in use to the guests of the establishment.
(54)
Cultural facility: establishments such as, but not limited to, art galleries, libraries or museums, open to the public or connected with a permitted educational use.
(55)
Personal service business: establishments engaged in providing services involving the care of a person or apparel, such as barber, hair or nail salon, laundry and dry cleaning, shoe repair, tailor, photographer, but excluding any use that would fall within the Adult Commercial use as defined by this chapter.
(56)
Brewery/brewpub/micro-winery/distillery: A facility in which beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, and which possesses the appropriate license from the Pennsylvania Liquor Control Board.
C.
Accessory uses; residential.
(1)
Accessory family apartment. One apartment accessory to a single-family detached dwelling shall be permitted, provided the following conditions are met. The intent of these provisions is to allow for related family members to reside on the premises but to prohibit the creation of for-profit apartments in districts where multifamily housing is not otherwise permitted.
(a)
The accessory family apartment shall occupy no more than 25% of the total floor area of the principal residence.
(b)
Accessory family apartments may contain separate cooking, sleeping, living, and bathroom facilities.
(c)
Accessory family apartments shall be part of the principal residence or may be contained in an existing accessory structure such as a garage. No new separate structures on the same lot with the principal residence shall be permitted to be constructed for this use.
(d)
The required off-street parking for the principal dwelling plus one additional off-street parking space for the accessory apartment shall be provided.
(e)
Accessory family apartments shall be occupied only by related family members such as elderly parents or dependent adult children who need to reside in close proximity to family members.
(f)
There shall be no changes to the exterior of the residence which suggest that the dwelling unit is other than a single-family detached dwelling or which otherwise detract from the single-family character of the neighborhood.
(g)
No more than one accessory family apartment shall be permitted per single-family detached dwelling.
(h)
Each accessory family apartment shall be registered with the Borough Zoning Officer, who shall keep a record of its use to insure that the intent of this chapter is being met.
(2)
Accessory office: an office for a professional business of a resident which does involve visiting by clients or patients and which does use employees on the premises but which does not involve any display of merchandise on the property. It is permitted on the same lot with and must be clearly incidental to a permitted dwelling in which the operator of the home office resides and may be permitted where it conforms with the following regulations:
(a)
The area devoted to the permitted professional use shall be located within either the practitioner's dwelling or a building accessory thereto.
(b)
The floor area devoted to such professional use shall be equivalent to not more than 25% of the total floor area of the residence, excluding the ground area covered by an attached garage or such other similar building.
(c)
Not more that two employees, assistants or associates, in addition to the resident practitioner, shall be employed on the premises.
(d)
No external alterations shall be made which involve construction features not customary to dwellings.
(e)
(Reserved)
(f)
Minimum lot area for residences with accessory offices: 25,000 square feet.
(g)
All parking shall be located to the side or rear of the residence and shall be separated from adjoining properties by a planting strip five feet in width.
(h)
An accessory office is limited to single-family detached dwelling units.
(i)
No more than three parking spaces shall be permitted in addition to the two spaces allowed for the principal residential use.
(3)
Bed-and-breakfast. The use and occupancy of an existing single-family detached dwelling shall be permitted for accommodating transient guests for rent, subject to the following additional conditions and restrictions:
(a)
This use shall be restricted to dwellings which are officially designated as "historic structures" based on a list of specific structures prepared by the Borough Historical Committee and approved by the Borough Council or as certified by the National Register of Historic Places.
(b)
No more than four persons may occupy one guest room.
(c)
Bathrooms. At least one full bathroom shall be provided for each two guest rooms. At least one additional bathroom is required for the owner-occupants of the residence which shall not be used as a guest bathroom.
(d)
No external alterations, additions or changes to the exterior structure shall be permitted except as required by any governmental agency.
(e)
The owners of the property shall be full-time residents of the property. The use shall be operated by members of the immediate family which must reside on the premises.
(f)
There shall be no kitchen or cooking facilities in any guest room.
(g)
Maximum number of guest rooms in any one bed-and-breakfast facility: four rooms.
(h)
The maximum uninterrupted length of stay at a bed-and-breakfast shall be 14 days.
(i)
The use of any amenities provided by the bed-and-breakfast, such as swimming pool or tennis courts, shall be restricted in use to guests of the establishment.
(k)
The serving of meals shall be restricted to the guests of the establishment and shall be limited to breakfast.
(l)
There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single, nonilluminated sign which meets the regulations set forth in this chapter.
(m)
If the facility is served by an on-lot water supply system and/or an on-lot wastewater disposal system, the applicant shall demonstrate to the satisfaction of the Bucks County Health Department and the Borough Council that these on-lot facilities are adequate to serve the maximum number of guests which could be housed at the facility at any one time.
(n)
Parking areas shall be separated from adjacent lots with a seven-foot-wide planted buffer.
(o)
The bed-and-breakfast may not be used for fee-based receptions.
(p)
The lot shall have frontage on either an arterial or collector road.
(4)
Boarding. The keeping of not more than two boarders as an accessory use in single-family detached housing shall be permitted in accordance with the following regulations:
(5)
Home occupation: an office for a professional business of a resident who may be self-employed or who may work for another employer, or contract or consult with another company or individual which does not involve any visiting by clients or patients and which does not use any employees on the premises and which does not involve any display of merchandise on the property. It is permitted on the same lot with and must be clearly incidental to a permitted dwelling in which the operator of the home office resides and may be permitted where it conforms with the following regulations:
(a)
The home office shall be accessory to a single-family residence and carried on wholly indoors and within the dwelling or other structure accessory thereto and shall be clearly incidental and subordinate to the residential use of the property.
(b)
The home occupation must be carried on by the individual who resides at the property. No outside employees or contractors, other than members of the immediate family who also reside at the property, may be employed in the home office.
(c)
There shall be no use of show windows or display or advertising visible outside the premises to attract customers or clients. No signs of any type are permitted.
(d)
There shall be no exterior storage of materials.
(e)
No external alterations, additions, or changes to the structure shall be permitted in order to accommodate or facilitate a home occupation.
(f)
There shall be no retail sales on the property.
(g)
There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods, or equipment by other than passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries.
(h)
The floor area devoted to a home occupation shall not be more than 25% of the floor area of the principal residential structure.
(i)
Not to be considered home occupations are the following: animal hospital; barber shops and beauty parlors; commercial stables and kennels; funeral parlors or undertaking establishments; antique shop; tourist home; restaurants; roadside market; and rooming, boarding or lodging house.
(6)
Microwave or satellite dish antenna. A dish antenna or any other type of antenna used to receive radio or television or electromagnetic waves from an overhead satellite or transmission tower shall be permitted as an accessory use in all districts, subject to the following regulations. This use shall not permit an antenna used or intended to be used for the transmission of radio or electromagnetic waves, such use being permitted only as telecommunications facilities.
(a)
Residential districts. A microwave or satellite dish antenna shall be a permitted accessory use subject to the following:
[1]
No antenna shall be located within a required front, side or rear yard.
[2]
No antenna shall be permitted in the required front yard area or in front of the principal dwelling.
[3]
The diameter of the antenna shall not exceed nine feet.
[4]
When separately supported, the total height of the antenna shall not exceed 10 feet.
[5]
Roof mounting is not recommended. If roof mounted, the antenna shall be located on a portion of the roof sloping away from the front of the lot and shall not project above the ridge line of the roof. No roof-mounted antenna shall exceed three feet in diameter.
[6]
No more than one dish antenna shall be permitted on any lot.
[7]
When not roof-mounted, the antenna shall be screened by staggered plantings of evergreens which present a solid visual barrier to adjoining properties.
[8]
Village Historic District requirements. In addition to the requirements in Subsection C(6)(a)[1] through [7], all permit applications for dish antennas within the Village Historic District shall demonstrate to the satisfaction of Borough Council, upon recommendation by the Planning Commission, that the antenna will not be visible from any public street in the VH District and that its size, location, and type of screening will not be designed or located in such a way as to impinge on or diminish the historic values of the district, homes, businesses, or other historic structures within the Village Historic District.
(b)
All other districts. Antennas shall be a permitted accessory use in nonresidential districts, subject to all the following regulations:
[1]
No antenna shall be located within a required front, side or rear yard.
[2]
The diameter of a dish antenna shall not exceed nine feet.
[3]
The maximum height of a ground-mounted antenna shall be 10 feet, and it shall be screened by staggered plantings of evergreens to present a solid visual barrier.
[4]
Roof-mounted dish antennas shall not exceed three feet in diameter unless they are totally screened from view from surrounding properties and streets. Dish antennas shall not be mounted on chimneys.
(7)
Recreational vehicles. Recreational vehicles are travel trailers, boats, campers, motor homes, snowmobiles, horse trailers, and any other motorized or nonmotorized vehicle of the same nature. These regulations apply to recreational vehicles which are stored on a property but which are not enclosed within a garage or other building.
(a)
One unenclosed recreational vehicle per dwelling shall be permitted.
(b)
Recreational vehicle parking is permitted as a residential accessory use only for single-family detached dwellings.
(c)
Recreational vehicles shall not be stored between the street line and the front building line or in front of the principal building.
(d)
Recreational vehicles may be stored to the side or rear of the dwelling but may not be closer than six feet of a side or rear property line. In the VH Village Historic District, all recreational vehicles must be screened from view from the street and from surrounding lots, if they are not located within a garage or building.
(e)
No recreational vehicle shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such a use.
(8)
Residential accessory building or structure.
(a)
Residential accessory building or structure or use are limited to the following, which must meet the requirements listed below:
[1]
Parking spaces for parking of passenger automobiles, parking of commercial vehicles not exceeding three-quarter-ton loading capacity within a completely enclosed building.
[2]
Structures such as fences, walls, decks, and private swimming pools.
[3]
Buildings such as storage sheds, bath houses and private greenhouses.
(b)
Area and dimensional requirements for accessory buildings or structures:
[1]
No accessory building or structure except for fences and walls shall be permitted in front yards.
[2]
Completely detached accessory buildings may occupy a required side or rear yard, but shall not be located closer than six feet to any side or rear property line.
[3]
No accessory building shall be closer to the street line than the principal building.
[4]
Accessory buildings of 200 square feet or more shall not be located within the required yard areas, but shall meet the required setbacks for the district or use.
[5]
Fences and walls shall not exceed six feet in height above the natural grade and may be located in required yard areas, but are not permitted to be located within the future right-of-way.
[6]
Uncovered, unenclosed patios or decks may extend not more than 10 feet into the required rear yard only.
[7]
Accessory swimming pools and the paving or coping surrounding it or associated with it shall not be located closer to the street than the front building setback line and not closer than 10 feet to any other property line.
(9)
Spas or hot tubs. Spas or hot tubs are permitted as accessory uses to residences where the residence has a private yard area. If the spa or hot tub is freestanding, it shall meet the requirements of this section for noncommercial swimming pools.
(a)
The spa shall be located either entirely within the house or if located outside, shall be located on a deck or patio which is enclosed or fenced.
(b)
The deck or patio shall be fully enclosed by the rear wall of the housing unit, and the common walls of adjoining units or a wall or fence along the rear and side of the deck or patio. The height of the walls or fences shall not be less than four feet. The spa or hot tub shall be located anywhere within the enclosed patio, either below ground, at grade, or above ground, provided that the level of the water surface is at least two feet below the height of the shortest wall or fence enclosing the patio.
(c)
The spa or hot tub shall be required to have a cover capable of being locked, for the purposes of safety and to cover the water surfaces during the off-season or such other periods of nonuse. The cover shall be locked when not in use.
(d)
The spa or hot tub shall be no closer to a lot line than 10 feet.
(10)
Swimming pool. A swimming pool shall be permitted as an accessory to a residential use, provided the following requirements are met:[3]
(a)
No person, owner or occupant of land shall install or maintain a swimming pool or other artificial body of water capable of being filled to a depth exceeding 18 inches at the deepest or lowest point or exceeding a surface area of 150 square feet unless a permit is first obtained from the Borough and the required plans and information are filed, together with required permit fees. Ornamental pools and wading pools which do not exceed 18 inches in depth or a surface area of 150 square feet are exempt from these provisions. Swimming pools shall include any pool, regardless of design or construction materials or the permanency of its location both above and below ground level, which is built, erected or used for the purpose of bathing or swimming and all buildings, equipment, and appurtenances thereto. This chapter shall also apply to public swimming pools used and maintained by an individual, firm, corporation, club or association of persons for use by the public or members and their invitees or guests.
(b)
The building area restrictions as set forth for the pertinent zoning districts in this chapter shall apply and in addition thereto, each such pool area and the paving or coping surrounding it or associated with it shall not be located closer to the street than the front building setback line and not closer than 10 feet to any other property line.
(c)
Building permits are required prior to the construction, alteration, remodeling, or additions to a swimming pool or other artificial water areas not specifically exempt from this chapter. Application for a permit for the construction of a swimming pool shall be made to the Borough. The location of the pool on the property and with respect to adjoining property and street lines shall be shown, together with the location, height, and type of fencing or walls or protective equipment and accessory buildings. No permit for a private or public swimming pool shall be issued until the plans, specifications and plot plans have been approved by the Zoning Officer for compliance with this chapter and the Uniform Construction Code.[4]
(d)
Safety. Any pool or water area subject thereto shall be suitably designed, located and maintained so as not to become a nuisance or hazard either to adjoining property owners or the public generally. All detachable ladders shall be removed when the pool is not in use.
(e)
Sanitary quality of water. The physical, chemical and bacterial qualities of the water in public swimming pools shall comply with the latest standards of the Commonwealth of Pennsylvania Department of Health. Failure to maintain the sanitary quality of water prescribed by this section or to restore such water to the required quality within the time prescribed by the Department of Health shall be a violation of this chapter.
(f)
Accessory buildings. Locker rooms, bath houses, cabanas, shower rooms, toilets, runways and all other physical facilities or equipment incidental to the operation of any public swimming pool shall be kept in a sanitary condition at all times and shall otherwise comply with the Borough ordinances, rules and regulations.
(g)
Construction and maintenance. The construction and design of all pools shall be such that the same can be maintained and operated as to be clean and sanitary at all times. The owners of every such pool shall be responsible to maintain said pool in such condition as to prevent breaks in the pool chassis or water from the pool overflowing into adjacent public or private property. Swimming pools shall be constructed, equipped and maintained in strict conformity with the provisions of the swimming pool and public health codes issued by the Commonwealth of Pennsylvania and the Bucks County Health Department.
(h)
Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into the interior of adjacent residential properties.
(i)
All electrical work connected with the pool and all equipment incidental thereto shall comply with all regulations and must be inspected and certified by an approved inspection agency prior to the issuance of a certificate of occupancy. In no event may said pool be used prior to such approval.
(j)
If pools are connected to any water, sewer, or public utility line, there must be installed a separate valve controlling such line, both as to supply and drainage, and a permit must be obtained prior to installation from the agency furnishing such utility service. A minimum isolation distance of 25 feet shall be required between a swimming pool and any sewage disposal system.
(k)
Approved filtration systems and circulators must be provided for all pools except such exempt or nonexempt wading pools as are emptied on a daily basis as hereinafter provided.
(l)
The water in the pool or pool area shall not emit an offensive odor or create any unhealthful condition. It shall be a violation of this chapter to cause or allow drainage onto adjoining land, public or private.
(m)
No pool shall be located under any electric power lines (including service lines), and the pool must be located at least 10 feet (measured horizontally) from such power lines.
(n)
No water shall be placed in the pool until a fence, as required by this chapter, has been completed.
(p)
Fencing. Permanent swimming pools above or below grade must be completely enclosed with a minimum four-foot-high chain-link, stockade, picket (not exceeding three-inch spacing), solid wooden fence, building wall, or such other material as may be acceptable, at the discretion of the Building Inspector, to carry out the intent of this chapter. All gates or doors opening through such enclosure shall be kept securely closed and locked at all times when the pool is not in actual use and locks or latches shall be placed so as to be inaccessible to children. All other Uniform Construction Code requirements for the securing and fencing of pools shall be followed.
(q)
The owner of any swimming pool shall allow the Borough Building Inspector, Zoning Officer, or other authorized official access to the pool and appurtenances for the purpose of inspection to ascertain compliance with this chapter at all reasonable times.
(11)
Chicken raising.
(a)
Chicken raising shall occur only on a lot zoned R-1 Residential and containing a single-family detached dwelling.
(b)
No chicken products shall be offered for sale, whether on or off the premises, it being the intention of Borough Council that any chicken raising shall be in the nature of a hobby without any commercial component, whatsoever.
(c)
No more than 10 adult hens and absolutely no roosters may be kept on a residential property at any time.
(d)
All related chicken coops or houses or sheds, feed and watering facilities and any portion of the yard dedicated to chicken raising shall be located within chicken wire or palisade or board-on-board fencing. All aspects of the use, coops, houses or sheds, chicken wire and fencing, chickens, feed and watering facilities, all by way of example and without limitation, shall be located within the rear yard, and comply with the rear yard and side yard setbacks established in the New Britain Borough Zoning Ordinance.
(e)
It shall be the responsibility of the property owner or occupant to ensure that the area used for chicken raising is properly maintained to eliminate the possibility that any resulting odor or contamination or waste will affect any other property. Failure to adhere to the requirements of this subsection shall constitute a violation of this chapter.
(f)
No live chicken may be maintained in the Borough in the absence of a valid permit issued by the Borough Code Enforcement officer upon submission of an application and tendering of the applicable fee. The fee to be charged for the permit shall be established by Borough Council in its schedule of fees, from time to time.
(g)
No permit shall issue by the Code Enforcement Officer until an inspection of the portion of the premises intended for the chicken raising use has been completed. In the event that the subject area is not in compliance with the requirements of this section, the officer shall refuse to issue a permit, and no chicken shall be maintained on such a premises until a valid permit is issued.
(h)
The failure to adhere to any of the terms of this subsection or the release of any odors or contamination of any kind from the chicken-raising use upon or affecting any other property or public property or space, shall constitute a violation of this chapter.
D.
Accessory uses; nonresidential.
(1)
Apartment in combination with a permitted nonresidential use. An accessory dwelling unit that is clearly subordinate to a permitted commercial or office or institutional use.
(a)
All on-lot sewage disposal systems must be approved by the Bucks County Department of Health prior to the issuance of a building permit.
(b)
Separate cooking and sanitary facilities shall be provided for the dwelling unit.
(c)
Off-street parking shall be located to the side or rear of the structure.
(d)
No more than one apartment in combination shall be permitted per lot.
(2)
Microwave or satellite dish antenna. See regulations under residential accessory uses, Subsection C(6) of this section.
(3)
Nonresidential accessory building. Accessory buildings or structures or uses are permitted which are customarily incidental to the uses permitted in nonresidential districts in connection with such uses, except outside storage. Any use accessory to a use permitted only under a special exception shall be established only as provided in such special exception. Nonresidential accessory buildings shall meet the minimum setbacks for the principal nonresidential use.
(4)
Outside storage or display. Outside storage or display, other than storage as a primary use of the land (which shall not be permitted), necessary but incidental to the normal operation of a primary use is subject to the following additional regulations:
(a)
No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yard shall be occupied by outside storage or display.
(b)
Outside storage and display areas shall occupy an area of less than 1/2 the existing building coverage.
(c)
Outside storage and display area shall be shielded from view from public streets.
(d)
Exceptions to limitations. Uses requiring more substantial amounts of land area for storage or display may be granted as a special exception by the Zoning Hearing Board where the following conditions are met:
[1]
No more than 25% of the lot area shall be used in outdoor storage or display.
[2]
Uses eligible for outside storage are: automobile sales, lumber yard/planing mill, fuel storage and distribution. Uses not eligible for outside storage exceptions to limitations are: retail and service stores, repair shops, automobile service station, automobile body repair and/or paint shop, car-washing facility, wholesale business and storage, and contractor offices.
E.
Lawful use not otherwise permitted. Any lawful use which is required to be permitted by the Pennsylvania Municipalities Planning Code[6] and which is not otherwise permitted in other use categories of this chapter, may be permitted as a conditional use when approved by the Borough Council and provided that the applicant for such conditional use establishes that the proposed use meets the following criteria as well as the requirements set forth in all other applicable sections of this chapter:
(1)
The use must comply with the lot, area, dimensional, and design criteria of the LI District.
(2)
Where applicable, the applicant must demonstrate that the use proposed will comply with all permit requirements of the Pennsylvania Department of Environmental Protection and/or other commonwealth or federal governmental agencies which regulate such use.
(3)
A buffer area shall be established in accordance with the conditions imposed upon the granting of the conditional use approval which is sufficient to adequately screen the lawful permitted use from other uses in the vicinity. The buffer area shall be in accordance with § 450-39 of this chapter and shall be of sufficient width to protect the surrounding area from objectionable effects of the proposed use including, but not limited to, noise, dust, vibration, odor, illumination, visual effects, and the like.
(4)
The applicant must submit an environmental impact statement at the time the conditional use application is submitted.
(5)
The use shall be permitted in the LI Industrial District.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.