New Salem Borough City Zoning Code
ARTICLE VI
Standards for Special Exception Uses
§ 240-41 Requirement of specific standards.
In addition to the general standards for all special exceptions as contained in § 240-40, the specific standards for the particular uses allowed by special exception are set forth in this article. These standards take precedence over any general standards found elsewhere in this chapter and must be met prior to the granting by the Zoning Hearing Board of a special exception for such uses in applicable zones.
§ 240-42 Adult-oriented facility.
In the MU Zone and subject to the requirements of that zone, 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 or structure used and occupied as an adult-oriented facility shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service or entertainment are exhibited or displayed, and no sale materials, merchandise, film, or 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 at the minimum ratio of one parking space for each 100 square feet of gross floor area and one parking space for each employee.
§ 240-43 Apartment in conjunction with a commercial establishment.
In a VC, MU, or GR Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Apartments are permitted as an accessory use above the first floor of a commercial use.
B.
A separate entrance must be provided for the residential use.
C.
The open area provided for the lot must include a minimum of 400 square feet of open area for each dwelling unit.
D.
All parking, habitable floor area and other applicable requirements of this chapter shall be satisfied in addition to those required for the commercial use.
§ 240-44 Automobile, recreational vehicle and/or trailer sales, automobile body shop and/or automobile garage.
In an MU or GR Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
For automobile or trailer sales, the lot must be improved with a building containing any office, display room, and appurtenant facilities.
B.
All service and/or repair activities shall be conducted within a wholly enclosed building.
C.
No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded as part of the service repair operation shall be permitted.
D.
All exterior vehicle storage areas shall be screened from adjoining residentially zoned properties or residential uses.
E.
The demolition or junking of automobiles is prohibited.
F.
All vehicles shall be repaired and removed from the premises within a six-week period.
§ 240-45 Automobile-washing facility.
In an MU or GR Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
All structures housing washing apparatus shall be set back at least 50 feet from any street right-of-way line and 25 feet from any side or rear property line.
B.
Trash receptacles must be provided and routinely emptied to prevent the scattering of litter.
C.
Access shall be via an arterial or collector street as identified by the Borough's Comprehensive Plan.
D.
Sufficient stacking lanes shall be provided to prevent vehicle backup on adjoining roads.
E.
Sewer facilities approved by the Pennsylvania Department of Environmental Protection must be utilized.
F.
Public water facilities must be utilized.
§ 240-46 Bed-and-breakfast inn.
In a VC or GR Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Guest stays shall be limited to a maximum of 14 days.
B.
There shall be a maximum of three guest rooms.
C.
Meals shall only be served to overnight lodgers.
D.
A minimum of one off-street parking space per guest room shall be provided in addition to the required parking for the dwelling unit.
E.
One sign may be erected on the property for a bed-and-breakfast inn. The maximum size shall be two square feet, and it may be illuminated only by indirect lighting.
F.
The inn must comply with local regulations, including but not limited to fire, health and building codes, where applicable.
G.
Bed-and-breakfast operations shall be conducted so as to be clearly incidental and accessory to the primary use of the site as a single-family dwelling.
§ 240-47 Building material sales.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
§ 240-48 BYOB establishment.
In the MU Zone and subject to the requirements of that zone, except as herein modified and provided:
§ 240-49 Cemetery.
In an MU, VC, or GR Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
All burial plots or facilities shall be located at least 15 feet from all property or street lines.
[Amended 1-6-2004 by Ord. No. 1-2004].
B.
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.
C.
No burial plots or facilities are permitted on land subject to flooding.
D.
Pet cemeteries must meet all of the above applicable requirements.
§ 240-50 Club room, club grounds or meeting hall.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
Access shall be via an arterial or collector street as designated in the Borough's Comprehensive Plan.
B.
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.
C.
The use shall not constitute a public or private nuisance.
§ 240-51 Commercial parking lot or building.
In a VC, MU, or GR Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Not more than 80% of the lot area shall be covered with impervious surfaces.
B.
No sale, rental, service or repair operation is permitted.
C.
The design of the parking facility must be approved by the Borough Engineer with regard to layout, access, drainage, and dimensions of aisles.
D.
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.
E.
To protect other vehicles and pedestrians in the immediate area of such a use, railing, fencing, posts and chains, or similar protective barriers must be located on the perimeter of the parking areas, except at access drives or exits.
§ 240-52 Convalescent home, nursing home or hospital.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
Lot area: one acre minimum.
B.
Lot width: 150 feet minimum.
C.
Setbacks: a minimum of 50 feet from all property and street lines.
D.
Access shall be via an arterial or collector street as designated in the Borough's Comprehensive Plan.
E.
Public water and public, community, or on-site sewer facilities approved by the Pennsylvania Department of Environmental Protection must be utilized.
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.
§ 240-53 Contractor's office.
[Amended 4-3-2007 by Ord. No. 2-2007]
In the GR and MU Zones and subject to the requirements of the zone in which located, 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.
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.
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 regulations.
§ 240-54 Day-care center (child or adult) or nursery school.
In a VC, MU, or GR Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
The facility shall obtain a certificate of licensure from the Pennsylvania Department of Public Welfare and shall provide a copy of said certificate to the Borough prior to occupancy approval by New Salem Borough.
B.
Outdoor play areas for children must be located in a side or rear yard and shall be sufficiently enclosed so as to provide for the health and safety of the children as determined by the Zoning Hearing Board.
C.
At least one parking space for each employee plus one space for each 100 square feet of habitable floor area shall be provided.
§ 240-55 Domiciliary care home.
In a VC or GR Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
If applicable, the facility must be certified by the York County Area Agency on Aging prior to occupancy approval by New Salem Borough.
B.
Domiciliary care operations shall be conducted as an accessory use to the primary use of the property as a single-family residence.
C.
No facilities for cooking or dining shall be provided in individual rooms or suites.
D.
The home must comply with all other regulations, including but not limited to fire, health, and building codes.
§ 240-56 Drive-in business.
In the MU Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
Access must be via an arterial or collector street as designated in the Borough Comprehensive Plan.
B.
Setbacks. All buildings must be set back at least 25 feet from any property line and 50 feet from a street line.
C.
Appearance should be harmonious with adjoining properties. This feature includes but is not limited to landscaping, height control, sign control, building coverage, and architectural controls.
D.
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 space.
§ 240-57 Dual-use lot.
In a VC, MU, or GR Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
A dual-use lot may contain two, but no more than two, principal uses, consisting of either a single-family dwelling and a commercial or industrial use, two commercial uses, or two industrial uses. Two residential uses shall not be placed on a dual-use lot.
B.
The location of buildings, structures, utilities and other improvements, as well as lot area and lot width, shall be such that the two principal uses could be subdivided and located on separate lots in accordance with the provisions of this chapter and Chapter 205, Subdivision and Land Development.
C.
In order to ensure compliance with Subsection B above, an application proposing a dual-use lot must provide a plan of the site at a scale of 50 feet to the inch for lots of five acres or less or 100 feet to the inch for lots in excess of five acres. At a minimum, the plan submitted to the Zoning Hearing Board shall include the following:
(1)
The lot's boundary lines.
(2)
Existing and proposed buildings and structures.
(3)
Existing and proposed sewage disposal and water supply systems and utility systems.
(4)
Existing and proposed rights-of-way and easements and their dimensions.
(5)
Existing and proposed driveways and access drives.
(6)
Building setback lines and dimensions.
(7)
Lot area.
(8)
Existing and proposed uses shall be noted.
(9)
The names of the owners of immediately adjacent parcels of land shall be noted.
D.
The two uses on a dual-use lot may be served by the same access drive if said drive is constructed in accordance with the provisions of § 240-25 of this chapter. Otherwise, separate driveways and/or access drives must be provided as required for uses on separate lots.
E.
If an access drive is to be shared by the two uses, a signed, recordable right-of-way and maintenance agreement which notes all joint rights and responsibilities must accompany the plan specified in Subsection C above.
F.
Separate sewer and water systems and utility connections shall be provided for each use located on the lot.
§ 240-58 Funeral home.
In an MU or GR Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
A buffer yard at least 20 feet in width must be located on the site in all instances where the site adjoins a residential use. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, or loading. In addition, screening shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings, and open spaces.
§ 240-59 Greenhouse or horticultural nursery.
In a GR, VC, or MU Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Access shall be via an arterial or collector street as designated in the Borough's Comprehensive Plan.
B.
The display, sale, or repair of motorized nursery, lawn, or garden equipment shall be permitted only in the General Residential and Mixed-Use Zones.
C.
Outdoor display areas shall be set back a minimum of 25 feet from the right-of-way of any adjoining street; however, no outdoor display of tools or equipment is permitted in the Village Center Zone.
D.
All structural improvements, i.e., parking and loading facilities, shall be screened from adjoining properties where the use abuts a Single-Family Residential Zone or residential use.
§ 240-60 Group day-care home.
In a GR or VC Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
The facility shall obtain a certificate of licensure or approval from the Pennsylvania Department of Public Welfare and shall provide a copy of the certificate to the Borough.
B.
Outdoor play areas for children shall be sufficiently enclosed to provide for the health and safety of the children as determined by the Zoning Hearing Board.
C.
A resident of the dwelling shall operate the facility. At all times when there are more than six children at the facility, a minimum of two caregivers must be present. However no more than two nonresident persons may be employed as caregivers.
D.
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.
E.
Public water and public or community sewer facilities approved by the Pennsylvania Department of Environmental Protection must be utilized.
§ 240-61 Group quarters.
In a GR or VC Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
A minimum of 250 square feet of habitable floor area shall be provided for each occupant.
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 such facilities if the affiliated institution provides them elsewhere.
C.
Off-street parking shall be provided for each group quarters based upon one parking space for each occupant.
D.
Group quarters may be an accessory or principal use but must be directly affiliated with a parent religious, educational, charitable or philanthropic institution.
E.
Public water and public or community sewer facilities approved by the Pennsylvania Department of Environmental Protection must be utilized.
§ 240-62 Home occupation.
In any zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Types of occupations permitted.
(1)
In a VC, SF, or GR Zone, the following home occupations are permitted only in a dwelling unit: physician, dentist, clergyman, lawyer, engineer, accountant, architect, teacher, artist, licensed insurance or real estate agent, seamstress, barber, beautician, and similar service occupations and professions.
(2)
In a VC or GR Zone, in addition to the occupations listed in Subsection A(1) above, the following home occupations are permitted in one existing, permanent, roofed accessory building, such as a garage or shed: woodworking, blacksmithing, and similar small shop work. For the purposes of establishing home occupations in existing accessory buildings as noted above, “existing” shall mean existing prior to the date of enactment of this chapter.
B.
Area of use.
(1)
Dwellings. Regardless of where located in a dwelling unit, the total square floor area devoted to a home occupation shall not exceed 30% of the ground floor area of that dwelling unit.
(2)
Accessory buildings. When a home occupation is located in an existing accessory building, up to a maximum of 800 square feet of the existing floor area of said building may be used for a home occupation.
C.
Employees.
(1)
Single-Family Residential Zone. In the SF Zone, no person other than a resident of the dwelling unit may practice the occupation. In the SF Zone, no more than two persons shall be employed to provide secretarial, clerical, or other assistance.
(2)
General Residential or Village Center Zone. In a GR or VC Zone, a home occupation may be carried on by a resident of the dwelling unit and not more than one nonresident. In the GR and VC Zones, no more than two persons shall be employed to provide secretarial, clerical, or other assistance.
D.
Pupils. No more than two pupils may receive instruction in a home occupation at one time.
E.
Appearance. There shall be no window displays nor shall sample commodities be displayed outside a dwelling or accessory building having a home occupation. One nameplate or sign, not exceeding two square feet in size, advertising a home occupation is permitted per lot and may be illuminated only by indirect lighting.
F.
Parking. Garages shall not be considered parking area for home occupations. Besides the required parking for the dwelling unit, additional parking is required as follows for each home occupation:
(1)
Two spaces are required for the home occupation and one space for each nonresident employee. The requirement of parking for nonresident employees may be waived if the applicant accepts as a condition of the special exception that no nonresident employees are permitted.
(2)
Each space shall not have direct access to the street to avoid vehicles backing into the flow of traffic.
(3)
One additional space shall be provided for a doctor, dentist, barber, or beautician home occupation.
(4)
All required parking areas for home occupations shall be off-street parking.
G.
Sales. 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.
H.
The proprietor of the home occupation must reside in the dwelling in which, or subordinate to which, the home occupation is located.
§ 240-63 House of worship.
In an MU, GR, or VC Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Side setback. Minimum side setbacks of 25 feet each shall be provided.
B.
All off-street parking areas shall be set back at least 25 feet from the street right-of-way line or property line.
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.
Access shall be via a collector or arterial street as designated by the Borough's Comprehensive Plan.
E.
Any associated residential use shall either be located on a separate lot or be positioned so that the lot on which it and the house of worship are located could subsequently be subdivided, separating each use yet meeting all applicable dimensional requirements of the zone in which located. The residential use shall be subject to all applicable regulations of this chapter.
F.
Any associated educational or day-care uses shall be accessory and located on the same lot as the house of worship.
§ 240-64 Keeping of livestock.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
Lot area: five-acre minimum.
B.
Lot width: 250 feet minimum.
C.
All poultry, livestock and small animals shall, except while pasturing, grazing, feeding or exercising, be housed in a building erected and maintained for that purpose. Such buildings shall only be located in the rear yard, shall be set back at least 50 feet from any property line, and shall be no closer than 100 feet to any existing residence on adjacent land.
D.
All outdoor pasture, holding, or exercise areas shall be enclosed to prevent the escape of the livestock, small animals, or poultry. All such enclosures may be located up to but not on the property line.
E.
All livestock, small animal and poultry wastes shall be properly stored and disposed of so as not to be objectionable at the site's property line or create a public health hazard or nuisance.
§ 240-65 Kennel or animal hospital.
In a GR or MU Zone and subject to the requirements of the zone in which located except as herein modified and provided:
A.
Lot area: two acres minimum.
B.
Setbacks. All buildings, animal runs, fenced enclosures, and similar structures shall be setback a minimum of 25 feet from adjoining property and street lines.
C.
All animals must be housed within a structure 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.
Buffers and screens shall be provided as accessory to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings, and open spaces.
§ 240-66 Medical clinic.
In an MU, VC, or GR Zone and subject to the requirements of the zone in which located, 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.
Public water and public or on-site sewer facilities approved by the Pennsylvania Department of Environmental Protection must be utilized.
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.
Accessory services, including laboratories and pharmacies for the use of patients visiting medical practitioners in the clinic, may be permitted as part of the clinic facility, subject to the following specific conditions:
(1)
All entrances to parts of the building in which these accessory services are provided shall be from within the building, and any direct access from the street is prohibited.
(2)
The hours during which these services are provided shall be the same as those during which medical practitioners are receiving patients.
(3)
Signs or other evidence advertising or indicating the provision of these services visible from outside the building are prohibited; except that there may be erected one sign not exceeding two square feet in area attached to the building, any illumination thereof being white, nonflashing, and limited to an enclosed lamp design.
§ 240-67 Mobile home park.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
The minimum tract area shall be five acres.
B.
Public water and public or community sewer facilities approved by the Pennsylvania Department of Environmental Protection must be utilized.
C.
Each mobile home lot (not including the street right-of-way) must be not less than 8,000 square feet in area and shall have a lot width not less than 80 feet.
D.
Regardless of lot size, the distance between any two mobile homes shall not be less than 30 feet. All mobile homes shall be located at least 35 feet from any public street and at least 15 feet from any other park property boundary line.
E.
The Zoning Hearing Board may require suitable screen planting, or may further restrict the proximity of mobile homes or other improvements to adjoining properties, or may attach such other conditions or safeguards to the use of land for a mobile home park as the Board may deem necessary to protect the general welfare.
F.
A mobile home park and extension thereof shall also comply with all applicable state and/or municipal regulations now in effect or hereafter enacted.
§ 240-68 Multifamily or single-family attached dwellings.
In a GR or VC Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
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:
(1)
Lot area: one acre (43,560 square feet) minimum; no maximum lot area.
(2)
Lot width: 150 feet minimum.
(3)
Height: three stories maximum.
(4)
Density. A maximum of 10 dwelling units per acre shall be permitted.
(5)
Public water and public or community sewer facilities approved by the Pennsylvania Department of Environmental Protection must be utilized.
(6)
Distance between buildings. Where two or more multifamily dwellings are located on a single lot or parcel, the minimum distance between principal buildings shall be 50 feet.
(7)
All parking areas shall be located at least 10 feet from any property line or street line.
(8)
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.
(9)
In the case of row dwellings, there shall be no more than eight dwellings in any one row.
(10)
A minimum side setback of 25 feet shall be provided.
B.
In the case of a single-family attached dwelling (i.e., where individual dwelling units are located on separate lots, e.g., townhouses and row houses), the following requirements shall apply:
(1)
Lot area. Each lot shall have a minimum area of 3,000 square feet.
(2)
Lot width. Each lot shall have a minimum width of 20 feet.
(3)
In the case of new dwellings, there shall not be more than eight dwelling units in any one row.
(4)
Dwelling units at the end of a row shall have a minimum side setback of 25 feet.
(5)
Public water and public or community sewer facilities approved by the Pennsylvania Department of Environmental Protection must be utilized.
C.
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. The provisions and any agreements, such as bylaws for a property owners' association, shall be subject to the approval of the Zoning Hearing Board.
§ 240-69 Multifamily or two-family conversion.
In a VC or GR Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
There shall be a minimum of 4,000 square feet of lot area per dwelling unit.
B.
Where an existing dwelling is converted to a multifamily or two-family dwelling, the character of the existing structure shall be maintained, except for the addition of a fire escape if necessary.
C.
Parking, minimum habitable floor area, and all other applicable requirements of this chapter shall be met.
D.
Public water and public, community, or on-site sewer facilities approved by the Pennsylvania Department of Environmental Protection must be utilized.
E.
The structure shall comply with all applicable rules and regulations, including but not limited to fire, health, safety, and building codes.
F.
For two-family conversions, a recordable use and maintenance agreement must be provided which notes the rights and responsibilities of the residents of both dwelling units with regard to all shared systems, including but not limited to sewer and water systems and driveways.
§ 240-70 Nonconformity, expansion of.
In any zone and subject to the requirements of the zone 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 expansions of use shall not exceed an additional 35% of the area of those buildings or structures devoted to the nonconforming use as they existed on the date on which such buildings or structures first became nonconformities.
C.
Provision for access drives, off-street parking and off-street loading shall be consistent with standards required by this chapter.
D.
Provision for yards, building height and building area shall be consistent with the standards required for permitted uses in the zone in which the nonconformity in question is located.
E.
Appearance should be harmonious with surrounding properties. This feature includes but is not limited to landscaping, enclosure of principal and accessory uses, height control, sign control, architectural 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.
§ 240-71 Outdoor commercial recreational establishment.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
Setbacks. The area to be used for recreational purposes must be set back at least 50 feet from any property or street line.
B.
The use must have access on an arterial street or collector street as designated in the Borough's Comprehensive Plan.
C.
For an outdoor recreational use, other than a golf course, 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.
Exterior lighting shall be directed away from all adjoining properties.
E.
To the extent possible, existing trees and natural vegetation shall be preserved.
§ 240-72 Park or other recreation area of a nonprofit nature.
In a GR, VC, or SF Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Consideration shall be given to traffic problems. If the nature of the park or open space area is such that it will generate a high volume of vehicular traffic, then access should be via an arterial or collector street as designated in the Borough's Comprehensive Plan.
B.
The Zoning Hearing Board shall decide the appropriateness of the design of parking, lighting, and similar features of the proposed use to minimize adverse impacts on adjacent properties.
C.
To the extent possible, existing trees and vegetation shall be preserved.
§ 240-73 Personal-care boarding home.
In a GR or VC Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
The applicant must secure a license from the Pennsylvania Department of Public Welfare and submit a copy of said license to the Borough prior to occupancy approval by New Salem Borough.
B.
No kitchen or dining facilities shall be permitted in individual rooms or suites.
C.
The facility must meet all applicable fire, health, safety, and building codes.
D.
Public water and public, community, or on-site sewer facilities approved by the Pennsylvania Department of Environmental Protection must be utilized.
E.
At least one parking space for each employee plus one parking space for each bedroom shall be provided.
§ 240-74 Private residential lanes and/or single-family detached dwellings located on such lanes.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
A minimum right-of-way width of 25 feet must be provided for a proposed private residential lane.
B.
The right-of-way may be adjacent to but shall not be on or cross over the property line of an adjoining parcel, i.e., must be located wholly on the lot which is being subdivided.
C.
A right-of-way and maintenance agreement that specifies which parties have a right to use, or a responsibility to maintain, the private lane must accompany the subdivision plan in the case of a proposed subdivision or the application for a building permit in the case of a proposed dwelling on a lot of record on an existing private residential lane.
D.
The minimum width of the travelway of the proposed lane must be 18 feet; the maximum width, 20 feet.
E.
The travelway of the proposed lane must be a minimum of three feet from any property line.
F.
If not designed as a loop, a T-turnaround must be provided at the terminus of a proposed private residential lane. The width of the end sections of the T shall be a minimum of 18 feet in length and 12 feet in width.
G.
A private residential lane shall be paved for its entire length, including the T-turnaround, with a concrete or bituminous paving material, unless another suitable paving material is approved by the Borough.
H.
No parking shall be permitted upon the lane's T-turnaround.
I.
No more than two single-family detached dwellings may be provided access by a proposed private residential lane. An existing private residential lane which was constructed prior to enactment of this chapter shall serve a maximum of five single-family detached dwellings.
J.
A lot(s) fronting on a private residential lane may measure lot width along that lane but must meet all other requirements for the zone in which located.
K.
During and after construction, positive drainage must be maintained away from all existing or proposed buildings.
L.
A private residential lane shall serve only single-family detached dwellings.
M.
A proposed private residential lane shall not exceed a slope of 10% within 25 feet of the street right-of-way line of the street the lane intersects.
N.
A private residential lane must be located in safe relationship to sight distance and barriers to vision.
P.
Any dwelling(s) existing or proposed which is to be provided access by a private residential lane shall be located on a separate lot which will in all other respects meet all of the requirements of this Chapter 205, Subdivision and Land Development, and other applicable regulations.
Q.
Private residential lanes shall only be utilized to provide access to existing or proposed single-family detached dwellings on existing lots of record or on lots which are to be subdivided for that purpose. In all other cases, lot widths and frontages must be provided on existing or proposed public or private streets meeting the specifications of Article V of Chapter 205, Subdivision and Land Development.
§ 240-75 Public buildings and facilities.
In a GR, VC, or MU Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Consideration shall be given to traffic problems. If the nature of the public building or facility is such that it will generate a high volume of vehicular traffic, then access should be via an arterial or collector street as designated in the Borough's Comprehensive Plan.
B.
Outdoor storage of materials and vehicles and related apparatus shall be prohibited unless completely enclosed with a six-foot-high fence and screened from adjoining streets and properties.
C.
Screening or fencing may be required where determined appropriate to form an effective visual barrier between the use and adjoining properties.
D.
The use may be exempted from the lot coverage and open area requirements of the zone in which located, provided that the Borough Engineer has approved the stormwater management plan and other design aspects of the site.
§ 240-76 Public or semipublic parking lot.
In a GR or VC Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Not more than 80% of the lot shall be covered with impervious surfaces.
B.
To protect other vehicles and pedestrians in the immediate area of such a use, railing, fencing, posts and chains, or similar protective barriers must be located on the perimeter of the parking areas, except at access drives or exits.
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.
§ 240-77 Public utility building or service structure.
In any zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
In an SF or VC Zone, the permitted building or structure shall not include the storage of vehicles or equipment used in the maintenance of any utility. For all other uses, unhoused equipment shall be enclosed with a fence or wall not less than six feet in height which shall be so constructed as not to have openings, holes or gaps larger than six inches in any dimension. Such fence must be surrounded by evergreen plantings.
B.
There shall be no specific minimum lot size or minimum lot width; however, each lot shall provide front, side and rear setbacks in compliance with the requirements of the zone in which located. Such uses may be exempted from the lot coverage and open area requirements of the zone in which located, provided that the Borough Engineer has approved the stormwater management plan and other design aspects of the site.
C.
Satisfactory provisions shall be made to minimize harmful or unpleasant effects (e.g., noise, vibration, smoke, and odor).
§ 240-78 Rooming house.
In a GR or VC Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Any structure proposed as a rooming house or boardinghouse shall have a habitable floor area, in addition to that required for the person or family operating the facility, of at least 300 square feet for each roomer or boarder.
B.
No facilities for cooking or dining shall be provided in individual rooms or suites.
C.
All rooming houses and boardinghouses shall comply with all applicable federal, state, and local regulations, including but not limited to fire, health, safety, and building codes.
D.
Public water facilities must be utilized.
E.
Sewer facilities approved by PA DEP must be utilized.
§ 240-79 Service station or convenience store dispensing fuel.
In a GR or MU Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Buildings must be set back at least 40 feet from the street line.
B.
Gasoline pumps and all service equipment must be set back at least 25 feet from any lot line or street right-of-way line and located so that vehicles stopped for service will not extend over the property line.
D.
Except along access drives, a concrete curb with an eight-inch curb reveal must be placed along all street right-of-way lines.
E.
All lights must be diverted toward the facility or downward on the lot.
F.
No outdoor stockpiling of tires or outdoor storage of trash is permitted. An area enclosed by a wall, fence, or vegetative material and screened from view of adjoining properties shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.
G.
At least 10% of the lot on which the facility is situated must be devoted to natural landscaping.
H.
All merchandise, except vending machines and oil racks, shall be located and/or displayed within a building.
I.
Hours of operation shall be limited to the hours between 6:00 a.m. and 11:00 p.m.
§ 240-80 Tavern.
In the MU Zone and subject to the requirements of that zone, except as herein modified and provided: