New Freedom City Zoning Code
ARTICLE IV
Use Regulations
§ 225-401 Requirement of specific standards.
A.
The purposes of this article are to supplement Article III with additional requirements applicable to certain permitted uses. In cases where the provisions of this article are more restrictive than the general district regulations contained in Article III, the provisions of this article take precedence.
B.
In addition to the general standards for all special exceptions contained in § 225-1004, the specific standards for the particular uses allowed by special exception and conditional use are set forth in this article. These standards must be met prior to the granting by the Zoning Hearing Board of a special exception, or by the Borough Council of a conditional use, for such uses in applicable zones.
§ 225-402 Adult-oriented facility.
In the LI District and subject to the requirements of that district except as herein modified and provided:
A.
No materials, merchandise, film or service offered for sale, rent, lease, loan, or for view shall be exhibited, displayed, or graphically represented outside of a building or structure.
B.
Any building, structure, or room used and occupied as an adult-oriented facility shall be windowless or have an opaque covering over all windows and doors of any area in which materials, merchandise, film, service, or entertainment are exhibited or displayed, and no sale materials, merchandise, film, or offered items of service or entertainment shall be visible from outside the structure.
C.
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service, or entertainment offered therein.
D.
Each and every entrance to the structure shall be posted with a notice that the use is an adult facility; that persons under the age of 18 are not permitted to enter; and warning all others that they may be offended upon entry.
E.
Parking shall be established as a minimum ratio of one parking space for each 100 square feet of gross floor area and one parking space for each employee.
F.
The lot or property line of such facility shall not be located within 1,000 feet of any Residential District, nor be located within 1,000 feet of any property whose use is principally residential.
G.
The lot or property line of such facility shall not be located within 1,000 feet of the lot or property line of any house of worship, school, child or adult day-care facility, public recreation facility, or public library.
H.
The lot or property line of such facility shall not be located within 1,000 feet of the lot or property line of another adult-oriented facility.
I.
No adult-oriented facility or activity may change to another type of adult-oriented facility or activity, except upon application to and approval by the Zoning Hearing Board of such change as a special exception.
J.
Not more than one adult-oriented facility or activity shall be permitted within any one building or lot.
K.
No unlawful sexual activity or conduct shall be performed or permitted.
§ 225-403 Animal hospital or veterinary office.
In the NR and RR Districts and subject to the requirements of the district in which located except as herein modified and provided:
A.
If only small animals are to be treated (dogs, cats, birds, and the like), such hospital or office shall have a minimum lot area of one acre unless outdoor kennels are provided, in which case the minimum lot area shall be increased to three acres.
B.
If large animals are to be treated (cows, horses, pigs, and the like), such hospital or office shall have a minimum lot area of five acres.
§ 225-404 Automobile, recreational vehicle and/or trailer sales; automobile repair garage.
In the CB District and subject to the requirements of that district except as herein modified and provided:
A.
Fuel pumps may be located within the front yard but shall be at least 15 feet from any street line. All fuel or oil tanks shall be located in accordance with laws of the commonwealth, but in no case shall any aboveground tank be located in any required yard area.
B.
For automobile, recreational vehicle, or trailer sales, the lot must be improved with a building.
C.
All service and/or repair activities shall be conducted within a wholly enclosed building.
D.
The demolition or junking of vehicles is prohibited.
E.
All vehicles shall be repaired and removed from the premises within a six-week period.
F.
All exterior vehicle storage areas shall be screened from adjoining residentially zoned properties or residential uses.
G.
Buildings housing automotive garages shall be of a traditional architectural design with no inherent right to incorporate commercial trademarks into such design.
§ 225-405 Automobile service stations.
In the CB and LI Districts and subject to the requirements of the district in which located except as herein modified and provided:
A.
All activities except those required to be performed at the fuel pumps or other dispensing devices, and minor mechanical adjustments (such as spark plug replacement and minor carburetor adjustments) shall be performed within a completely enclosed building.
B.
Fuel pumps may be located within the front yard but shall be at least 15 feet from any street line. All fuel or oil tanks shall be located in accordance with laws of the commonwealth, but in no case shall aboveground tanks be located in any required yard area.
C.
All automobile parts, dismantled vehicles and similar articles shall be stored within a building.
D.
Buildings housing automotive garages shall be of a traditional architectural design with no inherent right to incorporate commercial trademarks into such design.
§ 225-406 Bed-and-breakfast inns.
In the TN and CB Districts and subject to the requirements of the district in which located except as herein modified and provided:
A.
No more than 10 guests shall be lodged at any one time;
B.
Breakfast shall be the only meal provided and it shall be served to overnight guests only;
C.
The remainder of the dwelling, other than the designated guest rooms, shall be used solely by the family in permanent residence;
D.
Off-street parking shall be provided in accordance with § 225-703A(2);
F.
Necessary permits regarding water supply and sanitary waste disposal shall be obtained and scrupulously complied with;
G.
Individual guest rooms or suites shall include no facilities for cooking; and
H.
The maximum length of guest stays shall be seven days.
§ 225-407 Campgrounds.
In the NR District and subject to the requirements of that district except as herein modified and provided:
A.
The proposed campground must comply with the appropriate health, sanitary, and safety regulations of the Borough and the Commonwealth of Pennsylvania;
B.
No more than 20 campsites shall be permitted per acre. A parking space for one automobile shall be provided at each campsite which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common area or lot;
C.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings, and open spaces;
D.
Consideration shall be given to potential traffic volumes and problems. Each campground shall abut and take direct access from a collector or primary street;
E.
All campgrounds shall be served by a public sanitary sewer system and public water;
F.
All campgrounds shall furnish centralized garbage collection facilities;
G.
An internal road system shall be provided. The pavement width for the access drive entrance way shall be at least 24 feet as required by § 225-707. The pavement width for internal drives shall be a minimum of 16 feet. All internal drives must be improved to a mud-free condition, passable for vehicles in all types of weather;
H.
Any accessory retail or service commercial uses shall be solely designed and constructed to service the campground's registered guests and their visitors. Any parking spaces provided for such uses shall have vehicular access from the campground's internal road rather than the public street. The parking requirements for such uses shall be those required for the retail stores in § 225-703 of this chapter;
I.
The use must comply with all applicable state and local laws and regulations.
§ 225-408 Cemetery.
§ 225-409 Cluster development.
[Amended 7-12-1999 by Ord. No. 1999-4]
In the NR, RR and SF Districts subject to the requirements of the district in which located except as herein modified and provided:
A.
Cluster developments shall be required in the RR District when any residential development is proposed on a tract five or more acres in size, subject to conditional use approval by the New Freedom Borough Council, and provided each of the following requirements are met:
(1)
The tract of land to be developed shall be five or more acres in size. Tracts of less than five acres may cluster but are not required to do so.
(3)
Open space retention.
(a)
At least 1/2 the site proposed for cluster development shall be set aside as permanent, usable open space. The use of such open space may be either passive or active, public or private, but must in any case be appropriately configured to be of value to both the prospective residents of the site as well as the public at large. In determining what portions of a given site are appropriate for open space retention, attention shall be given to the following factors in descending order of importance:
[1]
First, the land left as open space shall include all sensitive and significant environmental areas, including but not limited to streams, wetlands, woods, and hillsides;
[2]
Second, connections to existing or potential open space, parks, and pedestrian/bike ways shall be considered;
[3]
Third, encroachment upon any collector or primary streets identified in the New Freedom Borough Comprehensive Plan should be avoided; and
[4]
Fourth, prime agricultural soils should be protected whenever possible.
(b)
When determining the areas of open space to be retained upon a given site in a RR District, other portions of such site zoned NR may also be credited toward such open space retention, provided any such portion of the site zoned NR is in the same ownership as the portion of the site zoned RR, and is integral to the site in that it is not separated by a public road.
(4)
The maximum overall density for a given site shall be determined by the percentage of the site set aside as open space, according to the following table:
Percentage of Open Space | Maximum Density (dwelling units per acre) |
|---|---|
50 to less than 60 | 1.2 |
60 to less than 70 | 1.4 |
70 to less than 80 | 1.6 |
80 and above | 1.8 |
(5)
The development shall be served by public water and public sewer. If public sewer is not available and cannot be provided, the minimum lot area shall be 40,000 square feet.
(6)
Maximum lot coverage shall not exceed 60% and maximum building coverage shall not exceed 30%.
§ 225-410 Communication facility.
In any district and subject to the requirements of that district except as herein modified and provided:
A.
In NR, SF, and TN Districts, no commercial radio or TV broadcasting tower shall be permitted.
B.
In NR, RR, SF, and TN Districts no public business office nor any storage yard or storage building shall be operated in connection with such use.
C.
A tower shall be set back from all property lines a distance equivalent to 1/3 its height, except the tower shall be set back from the property lines of any residential use a distance equivalent to its full height.
[Amended 10-13-1998 by Ord. No. 1998-10; 3-14-2011 by Ord. No. 2011-1]
D.
Housing of all equipment except for antenna and antenna structures shall be required.
F.
Climbing access to the tower shall be secured from use by unauthorized persons.
G.
Any exterior lighting shall be directed away from all adjacent properties.
H.
Co-location of telecommunications providers must be considered before a new tower will be considered for approval.
§ 225-411 Convalescent/nursing homes.
In the CB District and subject to the requirements of that district except as herein modified and provided:
§ 225-412 Multifamily or two-family conversion apartments.
In the TN and CB Districts and subject to the requirements of the district in which located except as herein modified and provided:
A.
The minimum lot area for each existing and proposed dwelling unit to be located upon a site proposed for conversion apartments shall be 5,000 square feet;
B.
Each proposed dwelling unit shall contain at least the minimum habitable floor area required by § 225-506;
C.
The yard, building area and other applicable requirements shall not be reduced thereby;
D.
No structural alterations of the building exterior shall be made except as may be necessary for the purposes of safety; and
E.
Such conversions shall be authorized generally for large buildings that have little economic usefulness as single-family detached dwellings or for other conforming uses (i.e., barns) erected prior to the adoption of this chapter.
§ 225-413 Day-care center.
In the TN, CB, and LI Districts and subject to the requirements of the district in which located except as herein modified and provided:
A.
When located in a TN District, day-care centers must be located on the same site with a sponsoring institutional or employment use as an accessory use;
B.
Sixty-five square feet of activity or play area shall be provided for each person receiving day care; such space may be indoors or out;
C.
Outdoor activity areas shall be sufficiently fenced, screened, and buffered to protect both the persons cared for and the neighborhood at large from excessive noise and disturbance; and
D.
Licensing and approval for occupancy must be obtained from the appropriate commonwealth agency prior to commencing operations, and further, such license must at all times be kept current.
§ 225-414 Day-care home (family).
In the NR, RR, SF, TN, CB Districts and subject to the requirements of the district in which located except as herein modified and provided:
A.
Not more than six persons, not including the caregiver's children, shall be provided care at any such facility.
B.
Only a resident of the dwelling shall operate the facility.
C.
Family day-care homes shall have at least 1,500 square feet of habitable floor area.
D.
One hundred fifty square feet of outdoor activity or play area shall be provided for each person receiving day care.
E.
Outdoor activity areas shall be sufficiently fenced, screened, and buffered to protect both the persons cared for and the neighborhood at large from excessive noise and disturbance.
F.
No overnight care shall be extended or provided.
G.
Day-care operations shall be conducted so as to be clearly incidental and accessory to the primary use of the property as a residential dwelling.
H.
The facility shall obtain a certificate of registration from the appropriate commonwealth agency and shall provide a copy of said registration to the Borough.
§ 225-415 Day-care home (group).
In the NR, RR, TN, and CB Districts and subject to the requirements of the district in which located except as herein modified and provided:
A.
The facility shall obtain a certificate of licensure or approval from the appropriate commonwealth agency and shall provide a copy of the certificate to the Borough.
B.
A resident of the dwelling shall operate the facility. At all times when there are more than six persons at the facility, a minimum of two caregivers must be present. However, no more than two nonresident persons may be employed as caregivers.
C.
Group day-care homes shall have at least 1,500 square feet of habitable floor area.
D.
One hundred fifty square feet of outdoor activity or play area shall be provided for each person receiving care.
E.
Outdoor activity areas shall be sufficiently screened, buffered, and fenced to protect both the persons cared for and the neighborhood at large from excessive noise and disturbance.
F.
Day care operations shall be conducted so as to be clearly incidental and accessory to the primary use of the property as a residential dwelling.
§ 225-416 Dwelling units.
A.
Multifamily dwellings. In the TN and CB Districts and subject to the requirements of the district where located except as herein modified and provided:
(1)
In the case of a multifamily dwelling where the dwelling units are located on a single lot and share with other units a common yard area, e.g., garden apartments, the following requirements shall apply:
(2)
The minimum distance between two detached buildings shall be 50 feet.
(3)
Maximum building coverage of 30% of the lot area.
(4)
Maximum lot coverage of 60% of the lot area.
(5)
A portion of the total lot area equal to 0.15 times the habitable floor area shall be assigned and developed for active recreational usage. Any space designated for recreation shall be suitably improved and equipped by the developer and subsequently maintained by the owner.
(6)
No multifamily building or group of attached buildings shall have a single facade that has a length-to-height ratio greater than 5:1.
[Amended 10-13-1998 by Ord. No. 1998-10]
(7)
In the Central Business District, upon lots containing a gross site area of two acres or more, residential uses shall meet the following additional requirements:
(a)
Residential uses shall be proposed only as an integral part of a site plan for the entire site;
(b)
A maximum of 30% of the total parcel area proposed as part of a land development plan may be residential; and
(c)
The construction of residential dwelling units shall be submitted by the developer according to a schedule as part of the conditional use permit, and agreed to and approved by the Borough Council.
(8)
A minimum side setback of 25 feet shall be provided.
(9)
Provisions for the future maintenance of all common areas, including, but not limited to, parking and recreation, shall be explicitly provided with the proposed project.
B.
Single-family attached dwellings. In the RR, TN and CB Districts and subject to the requirements of the district in which located except as herein modified and provided:
[Amended 10-13-1998 by Ord. No. 1998-10; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Single-family attached dwellings are permitted in the RR District only as part of a cluster development.
(2)
Single-family attached dwellings are permitted in the CB District only as part of an overall land development plan. The following additional requirements shall apply to lots containing a gross site area of two acres or more:
(a)
A maximum of 30% of the total parcel area proposed as part of the land development plan may be residential; and
(b)
The construction of residential dwelling units shall be submitted by the developer according to a schedule as part of the conditional use permit, and agreed to and approved by the Borough Council.
(3)
The minimum lot area shall be 2,200 square feet.
(4)
The minimum lot width shall be 22 feet.
(5)
Each single-family attached dwelling shall be sited on a separate lot, whether intended for sale or not.
(6)
There shall be no more than six units in a single row.
(7)
Side setback requirements are waived along any interior side lot line of a single-family attached dwelling.
C.
Single-family detached dwellings, including mobile homes. In the NR and CB Districts and subject to the requirements of the district in which located except as herein modified and provided:
(1)
When single-family detached dwellings are proposed for location in the NR District, the siting criteria in § 225-303I must be met.
(2)
When single-family detached dwellings are proposed for location in the CB District the requirements of § 225-307J shall also be met.
[Amended 3-4-2011 by Ord. No. 2011-1]
(3)
Mobile homes shall be subject to the following requirements:
(a)
All applicable regulations for a single-family detached dwelling are met at standards commensurate for the district involved; mobile homes shall not be permitted in districts where single-family detached dwellings are not also permitted;
(b)
One mobile home is permitted on a given lot and such mobile home shall be unlicensed;
(c)
A permitted mobile home shall meet minimum standards of all current commonwealth and Borough building, housing, electrical, plumbing, and other applicable codes;
(d)
The wheels and axles of all mobile homes must be removed and the home installed upon, and securely fastened to, a frost-free foundation or footer; in no event shall it be erected upon jacks, loose blocks or other temporary materials. Minimally, such foundation shall meet the following specifications:
[1]
A foundation, skirting, ventilation, and utility connections that meet NCSBCS Standards for Manufactured Home Installations (1987 Edition), published by the National Conference of States on Building Codes and Standards, Inc., of Herndon, Virginia;
[2]
A space of at least 12 inches between the lowest mainframe member of the mobile home and the mobile home stand itself, to be enclosed with skirting to conceal all supports, tie-downs, and utility connections, and to be provided with both a vapor barrier and adequate ventilation to reduce moisture; and
[3]
An enclosure of compatible design and material is erected around the entire base of the mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
(e)
A permit for permanent installation of a mobile home as a single-family detached dwelling must be accompanied by a written guarantee that unless replaced immediately by another mobile home, the unit will not be removed prior to the expiration of a twelve-month period unless in the opinion of the Zoning Hearing Board an unforeseen emergency occurs. A mobile home shall not be removed from a lot until a permit has been issued by the Tax Collector, and such permit shall not be issued until factual evidence is available indicating that taxes levied have been paid, and the Zoning Officer is so informed; and
(f)
After removal of the mobile home, the foundation shall be removed and the site backfilled by the owner to a finished grade established by the Zoning Officer. In lieu of this, the owner may sell or otherwise legally transfer the lot to house another mobile home on the same foundation, provided that such transaction takes place before the mobile home is moved from the site.
(4)
Group homes are subject to all conditions specific to single-family detached dwellings noted in this section and elsewhere in this chapter.
D.
Accessory dwelling units (ADUs). In all zoning districts where residential uses are permitted and subject to the requirements of the district in which located except as herein modified and provided:
[Added 3-4-2011 by Ord. No. 2011-1]
(1)
The ADU shall be occupied by a maximum of two persons.
(2)
The applicant shall prove to the Zoning Hearing Board that the accessory unit has been designed and constructed so that it can easily be reconverted into part of the principal dwelling unit after the relative or caregiver no longer resides within the unit. A written plan shall be submitted showing how the separate unit will be changed to no longer be a separate unit. The accessory unit may be converted into additional bedrooms, permitted home occupation area or similar use. A lawful detached garage may be converted into an ADU and then reconverted to a garage or permitted home occupation area.
(3)
The applicant shall establish a legally binding mechanism that will prohibit the use of the ADU as a separate dwelling unit after the relative or caregiver no longer resides within the unit. Such mechanism shall also be binding upon future owners.
(4)
The owner of the property shall be required to annually renew a permit for an accessory dwelling unit. Such permit and renewal shall be conditioned upon the owner certifying that a person related by blood, marriage or adoption or persons providing care to the owners of the property are occupying the accessory dwelling unit. The Borough shall have the authority to inspect the property to verify compliance with the permit and all relevant Borough ordinances and regulations related to accessory dwelling units. Inspections shall be conducted during normal business hours upon 48 hours' written notice. Failure to renew a permit or schedule an inspection shall be a violation of the New Freedom Borough Zoning Ordinance.
[Amended 10-21-2013 by Ord. No. 2013-3B]
(5)
One additional off-street parking space will be required.
§ 225-417 Entertainment/recreation facility.
In the NR, RR, TN and CB Districts and subject to the requirements of the district in which the use is located except as herein modified and provided:
A.
The minimum lot area for outdoor facilities in the TN and CB Districts shall be one acre (43,560 square feet).
B.
Unless permitted by right in the district where such facility is proposed, social and fraternal buildings shall be permitted only when incidental to the primary recreational use of the site in question.
§ 225-418 Group quarters.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In the TN and CB Districts and subject to the requirements of that district except as herein modified and provided:
A.
Common eating facilities shall be provided;
B.
Not more than 20 boarders shall be provided for upon any lot or in any single building;
C.
Minimum periods of residency for all boarders shall be one week;
D.
Such use shall be accessory to, and located on the same lot with, a parent agricultural, religious, educational, charitable or philanthropic institution;
E.
The lot on which such building is located has a lot area, in addition to other area requirements of this chapter, of not less than 2,000 square feet for each person for whom accommodation is provided therein; and
F.
Necessary permits for water supply and sanitary waste disposal are obtained.
§ 225-419 Halfway house.
In the CB District and subject to the requirements of that district except as herein modified and provided:
A.
A minimum of 250 square feet of habitable floor area must be provided for each occupant, including any staff.
B.
A common kitchen and dining facility shall be provided, and no cooking or dining facilities shall be provided in individual rooms or suites. This provision is not intended to require any kitchen and dining facilities if an affiliated institution provides them elsewhere.
C.
All halfway houses shall comply with the rules and regulations of the Pennsylvania Department of Labor and Industry, and all other applicable building, safety, and fire codes of the federal, state, or local government.
D.
Off-street parking shall be provided for all halfway houses based upon one parking space for each occupant and employee.
§ 225-420 Heavy storage.
In the LI District and subject to the requirements of that district except as herein modified and provided:
A.
Access shall be via an arterial or collector street as designated by the Borough's Comprehensive Plan.
B.
A buffer yard 30 feet wide must be located on the site in all instances where the site adjoins a residential use or district. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage.
C.
Any outdoor storage areas shall be enclosed by a wall or fence and screened from view of adjoining properties. No materials may be stored so as to create a public health hazard or a public nuisance.
D.
No toxic or hazardous materials may be stored on any property, except in compliance with applicable state and federal regulations.
§ 225-421 Home occupations.
In the NR, RR, SF, TN, and CB Districts and subject to the requirements of the district in which the use is located except as herein modified and provided:
A.
The following occupations and professions may be authorized in a dwelling unit in the above-noted districts: physician, dentist, clergyman, lawyer, engineer, accountant, architect, teacher, artist, licensed insurance or real estate agent, seamstress, barber, beautician, and similar service occupations and professions.
B.
No person other than the resident of the dwelling unit may practice the occupation. No more than one person shall be employed to provide secretarial, clerical, or other assistance.
C.
No more than six pupils may receive instruction at a time.
D.
Not more than 30% of the habitable floor area of the dwelling unit may be devoted to a home occupation or profession.
E.
The character or external appearance of the dwelling unit must be that of a dwelling. No display of products may be shown so as to be visible from outside the dwelling. A name plate not larger than two square feet in area is permitted and may be illuminated only by indirect lighting.
F.
Garages shall not be considered parking area for home occupations. Besides the required parking for the dwelling unit, additional parking is required as follows:
G.
There shall be no stock-in-trade stores nor commodities kept for sale which are not goods produced on the premises or used in connection with a permitted home occupation.
§ 225-422 House of worship.
In the CB District and subject to the requirements of that district except as herein modified and provided:
A.
Minimum side setbacks of 15 feet each must be provided.
§ 225-423 Industrial park.
In the LI District and subject to the requirements of that district except as herein modified and provided:
A.
All uses permitted in the Borough's Light Industrial District shall be permitted.
B.
The minimum lot area for the site shall be 10 acres.
C.
The minimum lot width for the site shall be 300 feet. Individual parcels within the park shall have a lot width of at least 150 feet.
D.
Individual parcels within the park shall have minimum setbacks as required for other uses within the LI District.
E.
Access shall be via an arterial or collector street as designated by the Borough Comprehensive Plan. Traffic routes and exits shall be far enough from houses so that truck noise and vibration shall be minimized.
§ 225-424 Junkyard.
In the LI District and subject to the requirements of that district except as herein modified and provided:
A.
The minimum lot area shall be two acres.
C.
Every junkyard shall be completely enclosed by fencing. The fencing shall be a minimum of six feet and maximum of eight feet in height. Fencing shall be of wood or wire construction with a maximum lineal opening of three inches.
D.
No material may be stored or stacked so that it is visible from adjoining properties and roads.
E.
All federal, state, and local laws shall be satisfied.
§ 225-425 Kennels.
In an NR or RR Districts and subject to the requirements of the district in which located except as herein modified and provided:
A.
Lot area: minimum of three acres.
B.
Setbacks. All animal runs, fenced enclosures, and similar structures shall comply with minimum setback requirements for animal husbandry or stables.
C.
All animals must be housed within a screened enclosure except while exercising.
D.
All outdoor running or activity areas must be enclosed to prevent the escape of the animals.
E.
Satisfactory evidence must be presented to indicate that adequate disposal of animal waste will be provided in a manner that will not create a public health hazard or nuisance.
F.
Kennels shall be in accordance with all applicable state laws, and the applicant shall furnish proof of compliance upon request from the Zoning Officer.
§ 225-426 Mini-storage facility.
In the LI and CB Districts and subject to the requirements of the district in which located except as herein modified and provided:
A.
Parking for the individual storage units shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 20 feet wide where access to storage units is only on one side of the aisle, and at least 30 feet wide where access to storage units is on both sides of the aisle.
B.
If a manager/business office is established on the site, at least four parking spaces must be provided adjacent to the office.
C.
The storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals is prohibited.
D.
If a parking area is to be provided for the outdoor storage of recreational vehicles, such parking spaces shall be in addition to any required parking.
E.
All outdoor lights shall be shielded and designed to direct light onto the uses established and away from adjacent properties.
F.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. These include, but are not limited to, fences, walls, plantings, and open spaces.
G.
Mini-storage facilities shall be used solely for the dead storage of property.
(1)
The following uses are expressly prohibited:
(b)
The servicing, repair or fabrication of any item.
(c)
The operation of power tools or spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.
(d)
The establishment of a moving and storage business.
(e)
Any use that is noxious because of odors, dust, fumes, or vibrations.
(2)
The applicant shall adequately demonstrate that all mini-storage facility rental and/or use contracts shall specially prohibit these uses.
§ 225-427 Mobile home park.
In the RR District and subject to the requirements of that district except as herein modified and provided:
A.
Mobile home parks are permitted only as a cluster development and are subject to all the requirements of § 225-409 (Cluster development).
B.
A site area of not less than five acres is required.
D.
All mobile home parks shall be served with public sewer.
E.
Each mobile home shall be placed on an individually designated lot, whether such lot is intended for sale or rent. Each lot shall be at least 6,000 square feet in area, have a minimum lot width of 60 feet, have front and rear yards of not less than 25 feet each and have side yards of an aggregate of 30 feet, with no single side yard less than five feet. Such yard shall be measured from the perimeter of the mobile home stand to the adjacent mobile home lot line.
F.
Each mobile home lot shall be provided with:
(1)
A hard-surfaced mobile home stand not less than 600 square feet in area;
(2)
A foundation, skirting, ventilation and utility connections that meet NCSBCS Standards for Manufactured Home Installations (1987 Edition), published by the National Conference of States on Building Codes and Standards, Inc., of Herndon, VA; and
(3)
A space of at least 12 inches between the lowest mainframe member of the mobile home and the mobile home stand itself, to be enclosed with skirting to conceal all supports, tie-downs, and utility connections, and to be provided with both a vapor barrier and adequate ventilation to reduce moisture.
G.
Recreation space shall be provided in each mobile home park. Each such space shall be at least 5,000 square feet in size, and the total space provided shall be 500 square feet per mobile home lot. Equipping, maintaining, and managing such space shall be the responsibility of the owner of such park.
I.
Each mobile home park shall abut and provide direct access to a collector or primary street. No individual mobile home lot, however, shall take direct access from such street.
J.
The minimum number of spaces completed and ready for occupancy before the first occupancy is permitted shall be five. No space shall be rented except for periods of 30 days or more.
§ 225-428 Expansion of nonconformity. [1]
In all districts and subject to the requirements of the district in which located except as herein modified and provided.
A.
Expansion of the nonconformity shall be confined to the lot on which it is located on the effective date of this chapter or any amendment thereto creating the nonconformity.
B.
The total of all such expansion shall not exceed an additional 50% of the area of those buildings, structures, or land area devoted to the nonconforming use as they existed on the date on which such buildings, structures or use first became nonconformities.
C.
Provisions for access drives, off-street parking, and off-street loading shall be consistent with standards required by this chapter.
D.
Provisions for yards, building height, and building area shall be consistent with the standards required for permitted uses in the district in which the nonconformity in question is located.
E.
Appearance shall be harmonious with surrounding properties. This feature includes, but is not limited to: landscaping, enclosure of principal and accessory uses, sign control, and maintenance in good condition of all improvements and open spaces.
F.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
G.
The expansion shall not create new dimensional nonconformities, or further increase existing dimensional nonconformities.
§ 225-429 Principal use as accessory use.
[Amended 7-12-1999 by Ord. No. 1999-4]
If a principal use permitted in that district is proposed as an accessory use to another permitted principal use, permission to establish such proposed accessory use shall be granted only by special exception and providing clear demonstration that such use is related to, supporting of, yet clearly incidental to the principal use.
§ 225-430 Private club.
In the NR, RR, TN, and CB Districts and subject to the requirements of the district in which located except as herein modified and provided:
A.
All area and bulk regulations of the prevailing zone shall apply.
B.
Such use shall not be conducted primarily as a business enterprise.
C.
Exterior lighting, other than that essential for the safety and convenience of the users of the premises, shall be prohibited. All exterior lighting shall be shielded from the view of all surrounding streets and lots.
§ 225-431 Retail store or shop.
§ 225-432 Roadside agricultural stands.
§ 225-433 Rooming house.
§ 225-434 Sanitary utility.
In all districts and subject to the requirements of the district in which located except as herein modified and provided:
A.
Such facilities are intended to serve primarily residents of New Freedom Borough.
B.
Pumping stations and treatment plants give due regard to minimizing the effects of such facilities upon surrounding land uses and upon the environment.
C.
Front, side, and rear yards shall be provided in accordance with the regulations of the district in which the building is located.
§ 225-435 Supply utility.
[Amended 10-20-2025 by Ord. No. 2025-2]
In all districts and subject to the requirements of the district in which located except as herein modified and provided:
A.
Except in the CB and LI Districts, no public business office or storage yards shall be operated in connection with such use.
B.
Storage structures and facilities may be operated in connection with such use only when such storage facility is essential to service customers in the district in which it is located.
C.
For water supply booster stations, special exceptions are not required, and minimum lot size requirements are waived.
D.
A seventy-five-foot buffer yard shall be provided along all property lines other than transmission or distribution rights-of-way.
E.
Front, side, and rear yards shall be provided in accordance with the regulations of the district in which the building is located.
G.
Solar energy facility.
(1)
Decommissioning/removal.
(a)
The SEF owner is required to notify the Borough immediately upon cessation or abandonment of the operation of the SEF. After the initial commencement of commercial generation of electricity or power, the SEF shall be presumed to be discontinued or abandoned if no electricity or power is generated by such system for a period of three continuous months. However, if the SEF owner notifies the Borough of a written plan to bring the SEF back into operation, the Borough may suspend this three-month period and shall notify the SEF owner of its decision within 45 business days of receipt of the SEF owner's notice.
(b)
Prior to issuance of a building permit for the SEF, the owner shall provide financial security, in the form and amount of a bond, irrevocable letter of credit, or other financial security acceptable to the Borough, to secure the expense of decommissioning, dismantling and removing said SEF and restoration of the land to its original condition, in the amount of 110% of the estimated decommissioning cost minus the salvageable value of the solar-related equipment, fencing, buildings, etc. Every five years, a new engineer's estimate of probable cost of decommissioning shall be submitted for approval in the same manner as the initial submission and the bond, letter of credit, or other financial security acceptable to the Borough. This financial security shall be adjusted upward or downward as necessary. The owner of the SEF shall pay for all fees associated with the review and approval of each such decommissioning cost estimated by the Borough Engineer.
[1]
If the SEF fails to submit any adjusted financial security required under this section, the Borough may, in its sole discretion, at that time or any time thereafter, call the financial security and deposit the funds in a Borough account. The Borough's action shall not waive its rights or release the SEF from any obligations either under this chapter or otherwise, and the Borough may take any other enforcement action authorized by this chapter or any other ordinance, statute, regulation, applicable law, contract, or agreement.
(c)
Removal of SEF facilities in decommissioning shall be completed in its entirety prior to the release of any financial security.
[1]
Materials that cannot be re-sold or salvaged shall be disposed of at a facility authorized to dispose of such materials by federal or state law.
[2]
Any necessary permits, such as Erosion and Sedimentation and NPDES permits, shall be obtained prior to decommissioning activities.
[3]
Once the SEF is removed, any earth disturbance resulting from the removal shall be graded and seeded in order to re-establish a natural groundcover.
[4]
Any access drive paved aprons from public roads shall remain for future use unless otherwise directed by the Borough.
[5]
The SEF site area shall be restored to its pre-existing condition, suitable for its prior use, except the Borough may authorize, in writing, any buffer landscaping or access roads installed to accommodate the SEF to remain.
(d)
The SEF owner shall have six months from the cessation or abandonment of the operation of the SEF in which to dismantle and remove the SEF, including all solar-related equipment or appurtenances related thereto, including but not limited to buildings, aboveground and underground cabling, electrical, components, roads (unless the landowner requests in writing that the access roads are to remain), foundations and other associated facilities from the property. If the owner fails to dismantle and/or remove the SEF within the established timeframes, the Borough may complete the decommissioning at the owner's expense. The Borough may authorize one three-month extension of such time for just cause shown by the SEF owner.
§ 225-436 Trade or professional school.
In the TN District and subject to the requirements of that district except as herein modified and provided:
§ 225-437 Urban mixed use.
[Added 8-13-2012 by Ord. No. 2012-2]
Urban mixed use is allowed in the Central Business District, subject to the requirements herein.
A.
Purpose. The purpose of urban mixed use is to allow high-quality development of a mixture of business, retail, residential, and cultural uses in a pedestrian-oriented activity center. Urban mixed use is intended to encourage redevelopment of commercial areas of the Borough while stimulating reinvestment, generating jobs, increasing housing options.
B.
General provisions.
(1)
The urban mixed use provisions are voluntary and optional to the landowner.
(2)
Property located within the Central Business District Zone may be developed either according to the provisions of the Central Business District or provisions of the urban mixed use.
(3)
The urban mixed use establishes standards by which the Borough provides a wider range of land uses and greater land use intensity in exchange for the landowner's voluntarily accepting and agreeing to comply with the standards of the urban mixed use. The landowner must agree to comply with the standards of the urban mixed use in order to obtain the benefits to be derived from the urban mixed use.
(4)
It is the intent of Borough Council that the design standards required by the urban mixed use are essential to and inseparably connected with the creation of the urban mixed-use development and that the urban mixed-use development would not have been created without all of the provisions contained herein.
(5)
When the landowner elects to apply the urban mixed use and the provisions of the urban mixed use conflict with the underlying provisions of this chapter, the provisions of urban mixed use shall apply.
(8)
Nothing contained herein shall eliminate or modify the requirements for a building permit, zoning permit, or certificate of occupancy.
C.
Development size.
(1)
The urban mixed-use development shall contain a minimum of 10 acres.
(2)
Subdivision of land within the urban mixed-use development for the purpose of financial arrangements with building occupants, including fee simple purchase, leases, and ground leases, is permissible. There shall be no minimum or maximum lot size established for subdivision of lots within the urban mixed-use development.
D.
Unified design and management.
E.
Permitted uses.
(1)
Automated teller machine (ATM), when provided as a component of a building that houses a permitted use designed as a walk-up facility located within a pedestrian courtyard. A drive-through ATM is prohibited;
(2)
Bed-and-breakfast inn;
(3)
Cultural facility;
(4)
Convenience store, without fuel service;
(8)
Dwelling, including multifamily, single-family attached, single-family detached, single-family semidetached and two-family dwellings;
(9)
Financial institution, excluding drive-through facility;
(10)
Hotel, motel and similar lodging;
(11)
House of worship and related uses;
(12)
Indoor entertainment/recreation facility;
(13)
Indoor mini-storage facility for the exclusive use of the mixed-use residents;
(14)
Medical clinic;
(15)
Personal service shop;
(16)
Private club;
(17)
Professional or business office;
(18)
Public use and public utility structure;
(19)
Restaurant, tea room, cafe, tavern, confectionery, bakery, and similar establishments producing or serving food or beverages, excluding drive-through for all uses;
(20)
Retail store or shop, excluding adult-related uses;
(21)
Shopping center involving any use permitted within this zone;
(22)
Trade or professional school;
(23)
Veterinary office, provided there are no outdoor kennels; and
(24)
Accessory uses customarily incidental to the above permitted uses. Such uses include, but are not limited to, clubhouse and other amenities for the sole use of the residents of the urban mixed-use development, real estate sales/rental/management office for the urban mixed-use development.
F.
Prohibited uses.
(1)
Adult uses, cabarets, massage parlors, and tattoo establishments;
(2)
Drive-through facility;
(3)
Kennel and outdoor keeping of animals;
(4)
On-site dry-cleaning or laundry plants; and
(5)
Sales, service, repair garages and filling stations for automotive, boat, recreational vehicle and truck dealerships and similar vehicles.
G.
Floor area ratio.
(1)
The maximum gross floor area ratio shall be 70%.
(2)
The maximum residential floor area ratio shall be 65%.
(3)
The following areas are exempt from floor area ratio calculation:
(a)
Street kiosks and vendors;
(b)
Floor area located below grade;
(c)
Floor area used for enclosed off-street parking when exclusively for use by residents of the urban mixed-use development; and
(d)
Floor area located on the rooftop of a structure when used for rooftop recreational space, mechanical equipment, stair and elevator penthouses, communication equipment and antennas.
I.
Building setback and separation.
(1)
Building setback and building separation are exclusively subject to applicable building and fire protection codes.
(2)
Proposed buildings that are situated adjacent to an existing principal building shall be set back from the street right-of-way a distance that is equal to the existing building or screened from the existing building.
J.
Building orientation.
(1)
When possible, buildings shall be sited to form a progression of grid-blocks to create a town streetscape.
(2)
Individual building footprints, at ground level, shall not exceed 25,000 square feet.
(3)
Gateway structures may be utilized to identify entrances to the urban mixed use. The gateway structure may extend over streets, service lanes, and/or access roads. Gateway structures may also be utilized as focal points at the terminus of streets and pedestrian corridors.
(4)
Freestanding exterior vending machines may be provided in conjunction with a commercial use, provided the vending machine is contained within architecturally integrated enclosures that are attached to, and are a part of, a commercial building. Vending machine enclosures shall shield machines from view from the rear and sides. Vending machine enclosures shall not exceed 75 square feet in interior size, and no more than two such enclosures shall be permitted in the urban mixed use. Vending machines shall be controlled solely by the management company or the owner of the principal use where the vending machine is located.
(5)
Areas located between commercial buildings shall provide site amenities and/or site features (e.g., fountains, sculptures, kiosks, merchandise/vendor carts, landscape plantings) to create a focal point or aesthetic accent.
(6)
The urban mixed-use master plan may illustrate future commercial establishments. Floor area associated with future buildings shall be attributable to total floor area coverage and impervious coverage. Required amenities associated with future buildings are not required to be constructed until such time as a building permit is secured for the future building. Off-street parking may be located temporarily where future buildings are proposed, provided that off-street parking shall be relocated and accommodated on site along with the additional off-street parking required by the future buildings at the time of building permit submission and approval.
K.
Architectural and aesthetic requirements.
(1)
Architectural facades shall be compatible with the historic character of the Central Business District.
(2)
Building facades which include corporate identity, exclusive of signage, shall incorporate the corporate identity into the overall architecture of the building.
(3)
Rooftop service equipment shall be screened from ground view through architectural treatments to rooflines and/or facades. Roof features may include parapets, overhanging eaves, or sloping roofs.
(4)
Awnings, canopies, and porches may be incorporated into building facades. Awnings and canopies shall extend no less than two feet nor more than 12 feet from the facade of the building. Ground-floor awnings and canopies shall not exceed a height of 15 feet above the ground surface.
(5)
Existing buildings with nonconforming architecture may be retained as nonconformity structures.
M.
Vehicular circulation. Whenever feasible, the vehicle circulation patterns shall be coordinated between various uses.
N.
Parking requirements.
(1)
The following minimum number of parking spaces shall be provided:
Use | Minimum Parking Spaces |
|---|---|
Automated teller machine (ATM) | None |
Bed-and-breakfast inn | 1 per each room available for rent, in addition to those required for the dwelling |
Cultural facility | 0.25 per person based on maximum building capacity |
Convenience store | 5 per 1,000 square feet of gross floor area |
Day-care center, day-care home (family), and day-care home (group) | 1 per employee, plus three dropoff spaces |
Dwelling, including multifamily, single-family attached, single-family detached, single-family semidetached and two-family dwellings | 1.9 per dwelling |
Financial institution | 5 per 1,000 square feet of gross floor area |
Hotel, motel and similar lodging | 1.06 per guest sleeping room, plus 10 per 1,000 square feet of gross floor area for lounge/restaurant/conference/banquet room |
House of worship and related uses | 0.25 per person based on the maximum building capacity |
Indoor entertainment/recreation facility | 0.25 per person based on the maximum building capacity |
Indoor mini-storage facility for the exclusive use of the mixed-use residents | None |
Medical clinic | 4.6 per 1,000 square feet of gross floor area |
Personal service shop | 4.6 per 1,000 square feet of gross floor area |
Private club | 0.25 per person based on the maximum building capacity |
Professional or business office | 5 per 1,000 square feet of gross floor area |
Public use and public utility structure | 1 per vehicle normally required to service facility |
Restaurant, tea room, cafe, tavern, confectionery, bakery, and similar establishments producing or serving food or beverages | 5 per 1,000 square feet of gross floor area |
Retail store or shop | 5 per 1,000 square feet of gross floor area |
Shopping center | 4 per 1,000 square feet of gross floor area |
Trade or professional school | 1 space for each 40 square feet of classroom floor area, plus 1 space for each 300 square feet of office floor area |
Veterinary offices | 5 per 1,000 square feet of gross floor area |
Clubhouse and other amenities for the sole use of the residents of the urban mixed-use development | None |
(2)
Off-street parking requirements stated in § 225-437N(1) may be reduced by Borough Council approval of a conditional use subject to § 225-437T and the following:
(a)
Submission of a parking study that proves to the satisfaction of Borough Council that the granting of the conditional use will not adversely affect parking availability in the immediate neighborhood. The person who conducted the parking study shall be present at the conditional use hearing to testify that the study is accurate.
(b)
On-street parking.
[1]
Where on-street parking is to be considered, the parking study shall include a neighborhood parking analysis of the area within 500 feet of the property and include:
[a]
The number of available off-street and on-street parking spaces within the study area during at least three different times of the day and week, including the peak time(s) of the proposed use and excluding days when streets are posted for cleaning or special events. For computing the number of available on-street parking spaces, a stall length of 21 feet shall be used and setbacks of five feet from driveways/alleys and 25 feet from intersections shall be utilized. Areas restricted due to bus stops, fire hydrants, load zones, etc., shall not be counted as available on-street parking.
[b]
Number of existing units within the study area which generate a parking demand and the level of demand.
[c]
Anticipated parking impacts due to the proposed use.
[d]
Projects, developments or other factors which may have an impact on future availability of on-street parking and the projected impacts.
[e]
Plotting of the proposed parking that is included in the study.
[2]
Borough Council reserves the right to reduce the extent of the parking study.
(c)
Where shared parking is to be considered, the request shall include:
[1]
A reciprocal written agreement, executed by all the parties, that assures the perpetual joint use of such common parking.
[2]
A parking study with all information deemed necessary to its decisionmaking on a shared parking arrangement. This information includes, but is not limited to:
[a]
Type and hours of operation and parking demand for each use.
[b]
Site plan displaying shared use spaces in the lot and walking distance to the uses sharing the lot.
[c]
Description of the character of land use and parking patterns of adjacent land uses.
[d]
Estimate of anticipated turnover in parking space use over the course of 12 to 24 hours at the site.
(d)
Where shared parking is to be considered:
[1]
Parking spaces to be shared must not be reserved for individuals or groups on a twenty-four-hour basis.
[2]
Uses sharing a parking facility do not need to be contained on the same lot, but each use shall be a maximum of 500 feet from the use.
[3]
Pedestrian access to the parking facility shall be safe and convenient, including well-marked pedestrian crossings, signage, and adequate lighting.
[4]
The discontinuation of a shared parking arrangement constitutes a violation of zoning regulations for any use approved with shared parking. The applicant must then provide written notification of the change to the Zoning Official and, within 60 days of that notice, provide a remedy satisfactory to the Borough to provide adequate parking.
(5)
Travel lanes between rows of parking spaces and loading areas shall have the minimum widths indicated in the following table:
Angle of Parking (degrees) | Travel Lane - One-Way (feet) | Travel Lane - Two-Way (feet) |
|---|---|---|
90 | 20 | 20 |
60 | 14 1/2 | 20 |
45 | 13 | 18 |
Parallel | 11 | 22 |
(6)
Interior travel lanes with no parking shall be at least 11 feet wide for single-direction travel and 20 feet wide for two lanes of travel.
(7)
All dead-end parking lots shall be designed to provide sufficient backup area for all end spaces.
O.
Loading requirements.
(1)
The loading areas shall not encroach into vehicle or pedestrian circulation areas, and the number of loading areas provided shall be based on the typical demand of the land use.
(2)
The loading areas shall be connected to a street by means of an access drive. The access drive shall be at least 24 feet wide for two-way travel or 15 feet wide for one-way travel, exclusive of any parts of the curb and gutters.
(3)
The loading areas shall not encroach into vehicle or pedestrian circulation areas, and the number of loading areas provided shall be based on the typical demand of the land use.
(6)
Travel lanes between rows of parking spaces and loading areas shall have the minimum widths indicated in the following table:
Angle of Parking (degrees) | Travel Lane - One-Way (feet) | Travel Lane - Two-Way (feet) |
|---|---|---|
90 | 20 | 20 |
60 | 14 1/2 | 20 |
45 | 13 | 18 |
Parallel | 11 | 22 |
(7)
Interior travel lanes with no parking shall be at least 11 feet wide for single-direction travel and 20 feet wide for two lanes of travel.
(8)
All dead-end parking lots shall be designed to provide sufficient backup area for all end spaces.
P.
Landscaping requirements.
(1)
Landscaping shall be arranged to provide visual interest, define outdoor pedestrian-oriented spaces, complement the proposed architectural style, and achieve other functional and aesthetic elements within the urban mixed use. Ground cover alone is not sufficient landscaping. Trees, shrubs or other approved material shall be provided. At least one shade tree shall be provided for each 800 square feet, or fraction, of landscape area.
(2)
A ten-foot-wide landscape strip shall be provided along the urban mixed-use perimeter boundary. Such landscape strip shall comply with the applicable requirements of this section.
(3)
Surface parking lots that contain 20 or more parking spaces shall provide a parking lot landscape planting area of four square feet per parking space to be evenly distributed throughout the parking lot. When the required amount of dispersed landscape islands' plantings encumber the parking lot and traffic circulation functions, up to 50% of the required landscape planting area may be consolidated plantings of large stands of trees to break up the scale of the parking lot, enhance an entrance, or enhance the perimeter of the parking lot.
(4)
Street trees shall be provided along all streets and access drives at a ratio of one tree per 50 linear feet. Up to 20% of required street trees may be planted within adjoining pedestrian-oriented spaces or corridors.
(5)
Plantings shall be typical of their species and variety, have normal growth habits, well-developed branches, be densely foliated, vigorous, have fibrous root systems and shall be free from disease, insects, insect eggs, and larvae. Plantings shall be selected from stock that was grown under climatic conditions similar to the locality of the property. All planting shall be performed in conformance with good nursery and landscape practices. Plantings shall be properly maintained and replaced if dead.
(6)
Type 1 shade trees shall have a minimum trunk caliper of 1 1/2 inches at a height of six inches above finished grade, a minimum average height of 10 feet and have a clear trunk at least five feet above finished grade.
(7)
Type 2 shade trees shall conform to the trunk caliper of the Type 1 shade tree and not be less than 2/3 the height of the Type 1 shade tree.
(8)
Type 3 shade trees shall have a minimum trunk caliper of 9/16 inch at a height of six inches above finished grade, a minimum average height of four feet and have five or more branches.
(9)
Coniferous evergreen trees shall be a minimum height of six feet with a height-to-spread ratio of no less than five to one.
(10)
Shrubs shall be a minimum diameter of 24 inches at maturity.
(11)
Any tree or shrub which dies shall be replaced. All landscaping and screening treatments shall be properly maintained. Landscape materials that die or are damaged shall be replaced within 30 days, season permitting.
(12)
Requirements for the measurements, branching, grading, quality, balling, and burlapping of trees shall follow the code standards recommended by the American Association of Nurserymen, Inc., in the American Standard for Nursery Stock, ANSI Z60.1-2004, as amended.
(13)
Curbing shall be provided in parking areas to insure a no greater than two-and-one-half-foot overhang into the interior landscaped area. Curbing may be modified to accommodate surface water runoff facilities.
Q.
Trash/recycling dumpsters. Trash/recycling dumpsters shall be screened from street view with dense landscaping and/or architectural treatments.
R.
Exterior lighting.
(1)
The exterior lighting plan shall conform to the recommended luminance level guidelines and uniformity ratios established by the Illumination Engineering Society of North America (IESNA) in the most current IESNA Recommended Practice or Design Guide.
(2)
Direct and reflected glare and excess site brightness shall be minimized.
(3)
The maximum horizontal luminance at grade and the maximum vertical luminance at five feet above grade shall not exceed IESNA-recommended practice for light trespass.
(4)
Light fixtures shall be of similar likeness, style and character throughout the urban mixed use.
S.
Modification of standards.
(1)
Borough Council may permit the modification of the design standards, and other requirements of § 225-437, by conditional use approval in order to encourage the use of innovative design.
(2)
An applicant desiring to obtain a modification of standards shall, when submitting an application for approval of a development within the zone, submit an application for such conditional use approval. Borough Council shall consider both requests simultaneously. Any modification shall be subject to the conditional use criteria and a demonstration that the modifications will better serve the intended purpose of this zone.
T.
Conditional use standards. The conditional use application for the urban mixed use is subject to the following and not subject to § 225-1005 of this chapter. The applicant shall contact the Borough office to determine the time schedule for application and number of copies for submission and other administrative information.
(1)
Filing of conditional use. The conditional use application shall include the following information:
(a)
Site plan. The site plan shall be drawn at a legible scale and include the following:
[1]
Project name or identifying title.
[2]
Name and address of the tract owner and applicant.
[3]
Location map, drawn to scale, relating the tract to existing streets and municipal boundaries within 1,000 feet of the property.
[4]
The entire development tract boundary with bearing and distances.
[5]
Names of all immediately adjacent landowners, and recorded plan name and record book numbers.
[6]
North point, graphic scale, written scale, and date.
[7]
Site data, including:
[a]
Total acreage of the development tract;
[b]
Proposed total gross floor area of commercial use(s);
[c]
Proposed total gross floor area ratio, residential floor area ratio, impervious cover, number of proposed dwellings and total density for residential use;
[d]
Proposed acreage and percentage of green space;
[e]
Total number of proposed on-street and off-street parking spaces;
[f]
Total number of proposed lots; and
[g]
General description of all proposed land uses.
[8]
Landmarks within the tract, including the location of all existing streets, buildings, easements, rights-of-way, sanitary sewers, water mains, storm drainage structures, and watercourses.
[9]
All existing land uses and lot lines within 200 feet of the proposed development, including the location of all public and private streets, access drives, drives or lanes, railroads, historic sites, and other significant natural or man-made features, only to the extent such information is available from the York County GIS data.
[10]
Existing topographic information at one-foot contour intervals for a slope up to 3%; two-foot contour intervals for a slope over 3% to 20%; and five-foot contour intervals for slopes over 20%. County GIS topography can be utilized to show existing contours.
[11]
Proposed lot configurations.
[12]
Location of proposed commercial building pad sites, floor area, and general description of use, including proposed multiple-story buildings.
[13]
Location and number of each proposed residential unit, including proposed multiple-story buildings.
[14]
Proposed interior street alignments, including lane widths and traffic-calming devices.
[15]
Proposed on-street and off-street parking space configurations.
[16]
Proposed location and design of pedestrian circulation system.
[17]
Proposed location of freestanding signs and known building signs.
[18]
Conceptual stormwater management design.
[19]
Proposed landscape screening and buffering plan, including a conceptual depiction of the proposed streetscape, landscaped areas and lighting.
[20]
Phasing plan, if applicable.
(b)
Reports. The following conceptual reports shall be submitted:
[1]
A description of how the applicant proposes to provide for an integrated development.
[3]
A description of the building architectural design criteria, including conceptual graphic architectural elevations.
[4]
A description of signage design criteria.
[5]
General information about the proposed covenants, restrictions, and other use requirements imposed by the developer. Final documents shall be submitted with the application under Chapter 194, Subdivision and Land Development.
[6]
A description of the impact generated by the development on Borough services and facilities, such as schools, fire protection, police protection, ambulance/rescue service, water supply, and sewage disposal.
(2)
Conditions. In granting a conditional use, Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
(4)
Time limitations. A developer's agreement with the Borough shall set forth the time period within which applications under Chapter 194, Subdivision and Land Development, shall be submitted and necessary permits shall be secured. The first phase shall be submitted within 60 months of the date of conditional use approval. The final phase shall be submitted within 15 years from the submission of the first phase. Borough Council may extend the period for additional five-year periods upon request of the developer.
(5)
Vested rights. See Sections 508(4) and 917 of the Pennsylvania Municipalities Planning Code,[5] which provide an applicant with protection during certain time periods against changes to Borough ordinances that would adversely affect an approved development. For a urban mixed-use development that is granted conditional use approval, the five-year time limit for such protection of Section 508(4)(ii) and (iii)[6] shall be extended to a maximum of 15 years from the date of the preliminary plan approval, and the six-month time limit for such protection of Section 917[7] shall be extended to a maximum of 60 months, from the date of the preliminary plan approval.