The building shall be a single-family detached dwelling that existed on the effective date of this chapter, and which contained at that time at least 2,400 square feet of habitable floor area. Additionally, the gross floor area, building footprint and building height that existed on the effective date of this chapter shall not be increased to accommodate the proposed apartment conversion.

All apartment conversions shall comply with the minimum lot area and all other area and design requirements for the applicable use in the applicable zoning district [e.g., an apartment conversion resulting in not more than two total dwelling units (including the original dwelling unit), then two-family detached dwelling area and design requirements apply; an apartment conversion resulting in not more than three or more total dwelling units (including the original dwelling unit), then multifamily dwelling area and design requirements apply].

The total number of dwelling units per lot shall be limited to the following:

All units contained on floors above or below grade shall have a direct means of escape to ground level.

All dwelling units shall be located within the principal building.

All dwelling units shall have separate kitchen and bathroom facilities as well as living/sleeping spaces.

The lot proposed for development shall contain a single-family detached dwelling.

Accommodations shall be limited to the following:

In no case shall more than four guest bedrooms for rent be permitted in any one structure, and no more than eight total guest bedrooms for rent shall be permitted per lot.

The owner of the facility or resident manager shall reside upon the premises. Proof of residency shall be provided.

Overnight guests shall not occupy the facility for more than 14 consecutive nights in a thirty-day period.

No cooking facilities shall be provided or permitted in individual guest bedrooms.

Accessory uses, customarily incidental to the use of a bed-and-breakfast, shall be permitted as long as they are permitted accessory and/or principal uses in the applicable zoning district, complement the bed-and-breakfast use, and do not encumber activities of surrounding lots.

Whenever a party or parties seeks to establish a continuing care retirement facility, the party or parties shall file a detailed statement of intent with the Borough describing the proposed use and development of the lot. Such statement shall detail the proposed number and nature of the anticipated occupants and uses. The statement shall identify how said use satisfies a demonstrated need and how it will be conducted in a responsible manner without detriment to surrounding properties and neighborhood.

The continuing care retirement facility is designed primarily for persons aged 55 and over.

The continuing care retirement facility shall be directly affiliated with a parent institution or organization, which shall provide full-time supervision and administration of the residents of the continuing care retirement facility.

The following uses shall be permitted as principal uses within a continuing care retirement facility.

The following uses shall be permitted as accessory uses in the continuing care retirement facility for the use of residents and guests.

In addition to the standards set forth in this subsection, all continuing care retirement facilities shall comply with the following lot area and all other area and design requirements for applicable use in the applicable zoning district:

Whenever a party or parties seeks to occupy a dwelling or other building as a group care facility, the party or parties shall file a detailed statement of intent with the Borough describing the proposed use of the dwelling or building. Such statement shall detail the proposed number and nature of the anticipated occupants. The statement shall identify how said use satisfies a demonstrated need and shall be conducted in a responsible manner without detriment to surrounding properties and neighborhood.

A group care facility shall be directly affiliated with a parent institution or organization, which shall provide full-time supervision and administration to the residents of the group care facility.

Under no circumstances shall any uses qualifying for or falling under the definition of a "halfway house" or "treatment center" be considered a group care facility.

Accommodations shall be limited to the following:

All tenant/guest rooms/units shall be limited to two tenants/guests each.

The owner of the facility or resident manager shall reside in the lodging and/or boarding home. Proof of residency shall be provided.

All tenant/guest rooms/units available for rooming and/or boarding shall be located within the principal building.

Access to all tenant/guest rooms/units shall be through the interior of the building. No exit doors from individual tenant/guest rooms/units shall lead directly to the exterior of the building.

Tenants/guests on site shall have access to shared common areas for cooking and eating. A common kitchen facility equipped for cooking meals, located on site, shall be available to the residents, or daily meals shall be provided on site for the residents of the lodging and/or boarding home.

Meals for compensation shall be provided only to registered tenants/guests of the lodging and/or boarding home. No cooking facilities shall be provided or permitted in the individual tenant/guest rooms/units.

All tenants/guests shall execute a lease before occupancy.

Tenants/guest rooms shall be leased to the same tenant/guest for at least seven consecutive days.

Whenever a party or parties seeks to establish a long-term-care nursing facility or personal care facility on a lot or occupy a dwelling or other building as a long-term-care nursing facility or personal care facility, the party or parties shall file a detailed statement of intent with the Borough describing the proposed use and development of the lot or dwelling or building. Such statement shall detail the proposed number and nature of the anticipated occupants. The statement shall identify how said use satisfies a demonstrated need and shall be conducted in a responsible manner without detriment to surrounding properties and neighborhood.

In addition to residential units' living and sleeping quarters, with or without kitchen facilities, the following accessory uses may be provided for the use of residents and their guests:

In instances where there is more than one building on a single lot, the following minimum building separation requirements shall apply:

Minimum vegetative coverage shall be 40%.

A long-term-care nursing facility or personal care facility shall be directly affiliated with a parent institution or organization, which shall provide full-time supervision and administration to the residents of the long-term-care nursing facility or personal care facility.

Mobile/manufactured home parks and individual mobile/manufactured homes within mobile/manufactured home parks shall comply with the provisions set forth in Chapter 160 of this Code, relating to buildings and Chapter 370 of this Code, relating to subdivision and land development, respectively, as well as the following:

Dwelling units shall be limited to the following:

Multifamily dwellings shall comply with the area and design features set forth in Table 16-2, Multifamily Attached Dwelling Area and Design Standards, otherwise they shall comply with the standards of the applicable zoning district.

In those instances where more than one multifamily dwelling building is located on the same lot, the following separation distances will be provided between each building:

Single-family attached dwellings shall comply with the area and design features set forth in Table 16-3, Single-Family Attached Dwelling Area and Design Standards, otherwise they shall comply with the standards of the applicable zoning district:

The maximum number of single-family attached dwelling units in a row shall be six.

No more than two abutting single-family attached dwelling units shall have the same front building setbacks, front building lines and rooflines.

In addition, each single-family attached dwelling unit shall be distinguished from the adjacent single-family attached dwelling unit in some appropriate manner such as by varying unit width, use of different exterior materials, or varying arrangements of entrances or windows.

The minimum variation of the front building setback and front building line between single-family attached dwelling units shall be four feet.

For buildings located on corner lots with single-family attached dwelling units, there shall be at least one single-family attached dwelling unit with its primary front facade and orientation and/or location of the main or everyday entrance and its address on each of the intersecting streets, excluding alleys.

For those proposed two-family detached dwelling buildings containing side-by-side dwelling units and located on corner lots, there shall be at least one dwelling unit with its primary front facade and orientation and/or location of the main or everyday entrance and its address on each of the intersecting streets, excluding alleys.

The raising and/or keeping of livestock and poultry shall only be permitted in the commercial/industrial districts.

The following setbacks shall be required:

The maximum height of any agricultural operation structure shall be 150 feet, provided each structure is set back a distance at least equal to its height from all property lines.

Maximum impervious lot coverage shall be 20%.

The applicant shall demonstrate environmental impacts that are likely to be generated by surface water and stormwater runoff and specific measures employed to mitigate or eliminate any negative impacts, in accordance with Chapter 360 of this Code, relating to stormwater management, and approved by the Borough Engineer. At a minimum, surface water and stormwater runoff from the site shall be diverted away from adjacent properties and public rights-of-way and shall not contaminate downstream watercourses. The applicant also shall furnish further evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in Article XII of this chapter relating to performance standards for all uses.

Unless animals are kept inside at all times, all structures and areas where animals are kept that are not completely enclosed, and also including any outdoor animal pens, stalls and runways, shall be located within the rear yard and shall be set back as follows:

All areas utilized for outdoor exercise of animals and outdoor stalls and/or runways to which animals have access shall be completely enclosed by a six-foot-high fence to prevent the escape of animals.

No animals shall be permitted to use outdoor exercise areas or outdoor stalls and/or runs that are located within 300 feet of a lot line between the hours of 8:00 p.m. to 8:00 a.m.

All other areas utilized for grazing or pasture areas shall be securely fenced to prevent the escape of animals and set back a minimum of 10 feet from all lot lines.

The applicant shall demonstrate environmental impacts that are likely to be generated by surface water and stormwater runoff and specific measures employed to mitigate or eliminate any negative impacts, in accordance with Chapter 360 of this Code, relating to stormwater management, and approved by the Borough Engineer. At a minimum, surface water and stormwater runoff from the site shall be diverted away from adjacent properties and public rights-of-way and shall not contaminate downstream watercourses. The applicant also shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in Article XII of this chapter relating to performance standards for all uses.

Automobiles, boats, heavy equipment, mobile/manufactured homes, recreational vehicles, or other similar motor vehicles offered for rent/sale, in any state of being fixed/serviced or washed/dried, or otherwise stored, displayed or serviced shall not occupy any part of the existing or future street right-of-way (including sidewalks and alleys) or required off-street parking areas.

All buildings and structures (including fuel/gasoline pumps, but excluding permitted signs) shall be set back at least 25 feet from any street right-of-way or lot line.

All permitted activities except for the inventory/display/sales, parking and those activities normally required to be performed at the gasoline/fuel pumps, air pumps, and washing and vacuuming areas shall be performed within a completely enclosed building.

All outdoor display and sales areas shall comply with Article XII of this chapter relating to outside display and sales.

No more than three vehicles may be stored per repair/service bay.

The demolition or junking of automobiles, boats, heavy equipment, mobile/manufactured homes, recreational vehicles, or other similar motor vehicles is prohibited. The storage of inoperable automobiles, boats, heavy equipment, mobile/manufactured homes, recreational vehicles, or other similar motor vehicles and related parts shall be within a completely enclosed building.

The outdoor storage of automobiles, boats, heavy equipment, mobile/manufactured homes, recreational vehicles, and other similar motor vehicles on the property without current registration is prohibited.

No automobile, boat, heavy equipment, mobile/manufactured home, recreational vehicle, or other similar motor vehicle, except those with current registration and offered for sale/rental, shall be stored upon the site for more than 30 days.

Automobile, boat, heavy equipment, mobile/manufactured home, recreational vehicle, or other similar motor vehicle washing facilities are permitted, subject to the following additional criteria:

All junk, scrap, machinery or equipment stored outside shall be at least:

All completely enclosed buildings used to store junk, scrap, machinery and equipment shall be set back at least 50 feet from all lot lines.

No junk, scrap, machinery or equipment of any kind shall be stored in a required front, side or rear setback. All unpaved setbacks shall be covered with grass or similar vegetative material and shall at all times be kept clean, vacant and well maintained.

In addition to screening and buffering requirements set forth in Article XII of this chapter relating to buffer and screening regulations, all materials and activities not within completely enclosed buildings shall be surrounded by a fence or wall at least six feet in height with no less than 100% opacity. Any gate in a fence shall be similarly constructed and maintained and shall be kept securely locked at all times when the establishment is not in operation.

No material shall be placed in any establishment in such a manner that it is capable of being transferred off the premises by wind, water or other natural causes. All paper, cloth, rags and other fibers, and activities involving the same, other than loading and unloading, shall be within a fully enclosed building.

All junk shall be stored or arranged so as to permit access by emergency responders and to prevent the accumulation of water, and no junk, scrap, machinery or equipment piled to a height greater than 10 feet.

No material may be stored or stacked so that it is visible from abutting properties or adjoining street rights-of-way.

No material shall be burned or incinerated at any time.

No automotive wrecking, junk, scrap storage and sales establishments shall be located on land with a slope in excess of 5%.

All vehicles within the automotive wrecking, junk, scrap storage and sales establishments shall be completely drained of fuel, lubricants, battery fluid, transmission fluid, brake fluids, coolants and air-conditioning fluids.

A B.Y.O.B. club shall be located in accordance and otherwise comply with the provisions of the Chapter 115 of this Code, relating to alcohol.

A B.Y.O.B. club shall not remain open and/or transact business between the hours of 2:00 a.m. and 8:00 a.m., prevailing time, of each day. No club shall be located within 500 feet of an existing residential use or place of worship, nor shall be open or operated on Sunday.

Broad form general liability coverage of $1,000,000 per single limit occurrence shall be obtained and maintained for the entire period the club is in operation; proof of insurance and all renewals shall be submitted to the Zoning Officer.

The hours of operation shall be conspicuously posted at the business premises such that patrons are sufficiently apprised of the same.

Windows capable of being opened and ventilation equipment outlets and other similar equipment associated with such uses shall not be located or oriented directly toward any abutting property in the residential districts or existing residential use in the mixed use districts.

The owner(s) and operator(s) of a B.Y.O.B. club shall be responsible for the conduct and safety of the patrons.

The total impervious lot coverage shall not exceed 10% of the lot area.

All burial plots and all structures shall be located at least 25 feet from any lot line or street right-of-way line.

No burial plot shall be permitted in any floodplain or flood fringe area identified in Article XI of this chapter relating to the Floodplain Overlay Zoning District (FPO).

Where permitted, any materials not within completely enclosed buildings shall, in addition to the requirements set forth in Article XII of this chapter relating to buffer and screening regulations, be surrounded by a fence or wall at least six feet in height and provided with screening of not less than 80% opacity.

The owner(s) and operator(s) of a cemetery shall incorporate best managements practices as outlined in the Pennsylvania Stormwater Best Management Practices Manual as published by the Department of Environmental Protection (PADEP), Bureau of Watershed Management, document number 363-0300-002, effective date December 30, 2006, and as revised, to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.

At no time shall a corpse be exposed or visible from a public right-of-way or adjacent property.

Any escrow account provided for by state or federal law shall be established in favor of the Borough.

Where permitted, all outdoor recreation/activity areas shall be set back at least 50 feet from any lot line.

The required setbacks shall be as follows:

Applications for the construction of communications antennas, support structures, and related facilities shall include a written report containing the following:

Communication towers and related buildings shall not be permitted in the residential districts or and the mixed use districts.

Communication antennas located in the residential districts, mixed use districts, and other districts shall employ "stealth" siting and design solutions.

All other uses ancillary to the antenna, tower and associated equipment are prohibited, except accessory equipment buildings, unless otherwise permitted in the applicable zoning district in which the site is located. This includes, but is not limited to, business offices, maintenance depots and vehicle storage.

Any utilities extended to the tower site shall be placed underground.

Other standards of approval for antenna support structures and antenna-related facilities include the following.

The following shall be permitted as part of a community garden:

The applicant shall demonstrate environmental impacts that are likely to be generated by surface water and stormwater runoff and specific measures employed to mitigate or eliminate any negative impacts, in accordance with Chapter 360 of this Code, relating to stormwater management, and approved by the Borough Engineer. At a minimum, surface water and stormwater runoff from the site shall be diverted away from adjacent properties and public rights-of-way and shall not contaminate downstream watercourses. The applicant also shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in Article XII of this chapter relating to performance standards for all uses.

If motor vehicle washing and/or fuel/gasoline sales are provided as part of the general convenience store, then such use shall comply with all applicable provisions of automobile, heavy equipment and similar motor vehicle washing, and/or fuel/gasoline sales contained in this section relating to automobile, boat, heavy equipment, mobile/manufactured home, recreational vehicle, and other similar motor vehicle rental/sales, repair/servicing, washing, and/or fuel/gasoline sales, except that no sale/rental or repair/servicing of motor vehicles shall occur.

All activities, except parking and those normally required to be performed at the fuel pumps and air pumps, and washing and vacuuming areas, shall be performed within a completely enclosed building.

If restaurant and food service facilities are provided as part of the general convenience store, then such use shall comply with all applicable provisions of restaurants and food services.

An outdoor play area for children shall be provided. Off street parking lots and areas shall not be used as outdoor play areas. Outdoor play areas shall not be located in the front yard between the principal building and the public street, excluding alleys. All outdoor play areas shall be provided with a means of shade, such as shade tree(s) or pavilion(s). Any vegetative materials located within the outdoor play areas shall be of a nonharmful-type (poisonous, thorny, allergenic, etc.).

All outdoor display and sales area shall comply with outside display and sales areas set forth in Article XVI of this chapter relating to outside display and sales.

All outdoor display and sales of merchandise shall begin no earlier than one hour before the official sunrise and be completed no later than official sunset.

All forestry and commercial timber harvesting operations shall comply with the following:

All applications for timber harvesting shall include the information required for approval pursuant to Article XVII of this chapter relating to applications for zoning permits. In addition, the applicant shall specify the land on which harvesting will occur, the expected size of the harvest area and, as applicable, the anticipated starting or completion date of the operation. This written notification shall also specify any roads affected, dates of effect, plans to restore any damages to roads and contact information for the logging operations submitted to owners abutting the street right-of-way used to access the logging site.

Preparation of a logging plan. Every landowner on whose land timber harvesting is to occur shall prepare and submit a written logging plan as set forth in this subsection below and shall submit the logging plan as part of the information required for approval pursuant to Article XVII of this chapter relating to applications for zoning permits. The provisions of this plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Zoning Officer upon request.

Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.

Contents of the logging plan.

Compliance with state laws and regulations. The logging plan shall address and comply with the requirements of all applicable state laws and regulations, including, but not limited to, the following:

Relationship of state laws, regulations and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. A soil erosion and sedimentation control plan that satisfies the requirements of Title 25 Pennsylvania Code Chapter 102 shall also satisfy the minimum requirements for the logging plan and associated site map, provided that all information required by these subsections is included or attached.

Responsibility for road maintenance and repair; road bonding. The landowner and/or the operator shall be responsible for repairing any damage to Borough streets caused by traffic associated with the timber harvest operation pursuant to the provisions of Title 67 Pennsylvania Code Chapter 189, hauling in excess of posted weight limit. The Borough may require the landowner and/or operator to furnish a bond to guarantee the repair of any such damage, pursuant to the said provisions of the Pennsylvania Code.

All rooms available for funerals and viewing shall be located within the principal building.

There shall be no receiving vault, preparation room, or display of merchandise visible from outside of any building.

All outdoor display and sales areas shall comply with Article XVI of this chapter relating to outside display and sales.

All permitted activities, including drilling, cutting, sawing, mixing, crushing or some other preparation of building materials, plus any testing or repair of motorized equipment, except for the inventory/display/sales and parking, shall be conducted within a completely enclosed building.

Emergency entrances shall not be located or oriented directly toward any adjacent property in the residential districts or existing residential use in the mixed use districts.

Unless animals are kept inside at all times, all structures and areas where animals are kept that are not completely enclosed, and also including any outdoor animal pens, stalls and runways, shall be located within the rear yard and shall be a minimum of:

All areas utilized for outdoor exercise of animals and outdoor stalls and/or runways to which animals have access shall be completely enclosed by a six-foot-high fence to prevent the escape of animals.

No animals shall be permitted to use outdoor exercise areas or outdoor stalls and/or runs that are located within 300 feet of a lot line between the hours of 8:00 p.m. to 8:00 a.m.

The applicant shall demonstrate environmental impacts that are likely to be generated by surface water and stormwater runoff and specific measures employed to mitigate or eliminate any negative impacts, in accordance with Chapter 360 of this Code, relating to stormwater management, and approved by the Borough Engineer. At a minimum, surface water and stormwater runoff from the site shall be diverted away from adjacent properties and public rights-of-way and shall not contaminate downstream watercourses. The applicant also shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in Article XII of this chapter relating to performance standards for all uses.

The applicant shall also demonstrate that the facility will comply with all applicable Commonwealth of Pennsylvania requirements for such uses.

Parking may be provided along interior traffic aisles adjacent to the buildings. These aisles shall be at least 26 feet wide when storage units open onto one side of the aisle only and at least 30 feet wide when storage units open onto both sides of the aisle.

Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or accessways.

All recreational vehicles, boats and trailers stored outside of an unenclosed building shall be:

Mini storage units shall be used solely for the storage of property. The following uses are expressly prohibited within mini storage units upon the site:

All "overhead" or "roll-up" doors on mini storage units or outdoor storage areas shall not be located directly facing toward abutting property in the residential districts or existing residential use in the mixed use districts.

A nightclub serving alcohol shall be located in accordance and otherwise comply with the provisions of the Pennsylvania Liquor Control Board.

Off-street surface parking lots abutting public street right-of-way, including alleys, shall be provided with a continuous street-fronting three-and-one-half-foot-high masonry wall or a perimeter planting at least five feet in depth measured from all sides of the parking area towards the property/street line with a mix of high and low level screening in accordance with Article XII of this chapter relating to buffer and screening regulations. Wall breaks for access drives and driveways shall be not more than 24 feet in width.

In no case shall parking lots be permitted as a principal use or as an accessory use on a lot without a permitted principal use on the lot in the residential districts or in any zoning district where parking lots are not permitted principal uses. In order to provide for additional accessory parking for a permitted principal use, such parking shall be located on the same lot as the permitted principal use.

All aboveground, off-street parking garages and structures shall comply with all provisions for principal buildings and uses in the zoning district where the parking structures and building is proposed.

In the mixed use districts:

Parks, playgrounds and other noncommercial outdoor recreational uses shall be developed in a manner that preserves natural features, watercourses, unique rock outcrops, slopes of greater than 15% and vegetation.

The applicant shall demonstrate that the selected location is necessary for public service and the use cannot be supplied if located elsewhere.

In the residential districts and mixed use districts, any permitted public building shall maintain an exterior appearance that resembles and is compatible with any existing dwellings and buildings in the neighborhood, and building height and setbacks shall be consistent with surrounding development in the neighborhood. In all other districts, all height, area, setback and impervious lot coverage standards within the applicable zoning district shall apply.

In the residential districts and mixed use districts, the outdoor storage of vehicles, materials and equipment shall not be permitted.

Principal buildings and structures shall be set back 50 feet from an abutting property in the residential districts or an existing residential use in the mixed use districts.

All cutting, sawing, grinding or other processing shall be conducted within a completely enclosed building.

All storage and loading areas shall be a minimum of 50 feet from any adjacent property in the residential districts or existing residential use in the mixed use districts.

No portion of a building occupied by a sexually oriented business or related use shall be located within:

No materials, merchandise or film offered for sale, rent, lease, loan or for view upon the premises shall be exhibited or displayed outside of a building or structure.

Any building or structure used and occupied as a sexually oriented business or related use shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise or film are exhibited or displayed, and no sale materials, merchandise or film shall be visible from outside of the building or structure.

All signs shall comply with Article XIII of this chapter. No sign shall be erected upon the premises pictorially depicting or giving a visual representation of the type of materials, merchandise or film offered therein.

Each entrance to the premises shall be posted with a notice specifying that persons under the age of 18 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.

No sexually oriented business or related use may change to another sexually oriented business or related use, except upon additional approval by the entity with jurisdiction for initial approval.

The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.

No unlawful sexual activity or conduct shall be permitted.

A tavern/bar shall be located in accordance with the provisions of the Pennsylvania Liquor Control Board.

A treatment center shall be directly affiliated with a parent institution or organization, which shall provide full-time supervision and administration to the residents of the treatment center.

A common cooking and eating area shall be provided; no cooking or dining facilities shall be provided in individual rooms or suites.

The residents of the treatment center shall reside on the premises.

No portion of a building occupied by a treatment center shall be located within:

Each application shall be accompanied by a statement describing the following:

Purpose. The purpose of this subsection is to establish a process and standards for the establishment of medical marijuana facilities, licensed pursuant to the Pennsylvania Medical Marijuana Act, Pa. Act of April 17, 2016, P.L. 84, No. 16. ("Act"), to allow for the expansion of medical marijuana land uses while providing for the protection of the public's health, safety, morals, and general welfare.

Academic clinical research centers.

Medical marijuana grower/processor.

Medical marijuana transport vehicle service.

Medical marijuana dispensary.

Administration and enforcement: building and zoning permits/approvals.

Penalties. Any owner, operator, or other person who violates or permits a violation of this chapter shall, upon being found liable in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including the reasonable attorney's fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation. The Borough is authorized to issue a cease and desist notice or to seek equitable relief, including injunction, to enforce compliance. No bond shall be required if injunctive relief is sought by the Borough. An owner, operator, or other person who violates this ordinance shall also be responsible for the Borough's attorney's fees, engineering fees, expert fees and court costs incurred by the Borough on account of each violation.

The principal use of the building and property shall be a single-family detached dwelling.

No more than two total dwelling units shall be permitted per lot.

The accessory apartment dwelling unit shall not be less than 350 feet and not more than 800 square feet.

The accessory apartment shall have separate kitchen and bathroom facilities, living/sleeping spaces, as well as access to the outside or a common hallway or balcony.

The owner shall reside on the premises. Proof of residency shall be required.

Accessory apartments within the principal single-family detached building are permitted as long as there shall be no alterations to the exterior appearance of the building and that it continues to resemble and is compatible with any existing dwellings in the neighborhood. No modifications to the external appearance of the principal building, including additional door/wall openings, except fire escapes, which would alter its residential character, shall be permitted.

Accessory apartments in accessory buildings shall not otherwise occupy ground-floor, off-street garage floor area/space, thereby displacing required off-street parking spaces provided on the lot.

All new accessory structures constructed for the exclusive use as an accessory apartment shall be designed to have an appearance that is architecturally compatible with the principal building, including design, materials and colors, and roof pitch.

Within the mixed use districts, drive-through facilities shall be prohibited.

Otherwise, all drive-through automated banking facilities are permitted, subject to the criteria for drive-throughs set forth in this article relating to drive-through facility for permitted use.

All principal structures permitted to be family day-care facilities shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modification to the external appearances of the building, except fire and safety requirements, which would alter its residential character, shall be permitted.

An outdoor play area for children shall be provided. Off-street parking lots and areas shall not be used as outdoor play areas. Outdoor play areas shall not be located in the front yard between the principal building and the public street, excluding alleys. All outdoor play areas shall be provided with a means of shade, such as shade tree(s) or pavilion(s). Any vegetative materials located within the outdoor play areas shall be of a nonharmful-type (poisonous, thorny, allergenic, etc.).

No part of the drive-through facility shall be located within 50 feet of any adjacent property in the residential districts or existing residential use in the mixed use districts.

All drive-in facility buildings and structures shall be designed and planned to incorporate and be compatible with natural and built features of the site and area.

Drive-through facilities, including intercom, stacking lanes and spaces, and service windows, shall be located along the side or rear faces of the building.

Drive-through facilities, including intercom, stacking lanes and spaces, and service windows, shall not be permitted within any required building setback, yard, nor buffer yard area.

Sufficient stacking facilities for drive-through facilities shall be provided, in accordance with Article XIV of this chapter relating to stacking standards.

All drive-through facilities shall be provided with a bypass lane with a minimum width of 10 feet.

A maximum of two outdoor menu boards are permitted, beyond the signs normally permitted, with a maximum sign area of 40 square feet each, if the words on such signs are not readable from beyond the lot line.

Within the mixed use districts, drive-throughs shall be prohibited.

Home occupations may involve a limited range of commercial uses, such as: a) office, business and professional and medical; b) personal service business; c) craftsman/artisan studio; and d) food service, excluding direct retail sales of goods to customers/patrons visiting the business and on-site consumption of products, as long as it remains secondary and clearly incidental to and compatible with the residential dwelling.

In the MNB and DT Zoning Districts, home occupations may involve the limited range of commercial uses set forth in the applicable zoning district, as long as it remains secondary and clearly incidental to and compatible with the residential dwelling.

No more than two nonresidents shall be employed by the home occupation.

The owner of the home occupation shall reside on the premises, and at least one resident shall be engaged in the home occupation. Proof of residency shall be provided.

The home occupation may be located in the principal dwelling unit and/or an accessory building.

Any permitted home occupation use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modifications to the external appearance of the building, except fire escapes, which would alter its residential character, shall be permitted.

All business activities shall take place in a completely enclosed building. No outdoor or outside display/sales or unenclosed storage related to the home occupation shall be permitted.

Home occupations shall be limited to not more than 25% of the gross floor area of the principal dwelling unit or 500 square feet of gross floor area, whichever is less, even if the home occupation is conducted within an accessory building.

No sales of any goods or merchandise shall occur on the premises other than those goods or merchandise which are produced on the premises or are customarily incidental to the accessory home occupation and directly related thereto (e.g., hair care products by a barber or beautician).

No goods shall be displayed or stored so as to be visible from any property line.

Activities associated with the home occupation shall be conducted in such a way that no traffic congestion, noise, glare, air pollution, odor, smoke, vibration, fire hazards, safety hazards, electromagnetic interference, or otherwise shall be noticeable at or beyond the property line.

All parking areas shall comply with Article XIV of this chapter and the applicable zoning districts, and shall be:

The home occupation shall not require delivery or pickup by tractor-trailer trucks.

In the residential districts and the PAC and TN Zoning Districts, home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 8:00 p.m. and 8:00 a.m. Otherwise, the hours of operation and activities shall be appropriately scheduled to protect the existing neighborhood from detrimental noise, disturbance or interruption. An hours of operations plan shall be submitted as part of any application for such home occupation in accordance with Article XII of this chapter relating to hours of operation and management plan.

The home occupation shall not involve commercial repair of motor vehicles or similar type equipment.

Drive-through facilities shall be prohibited.

The home occupation shall not involve any illegal activity.

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

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

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

The business activity may not use any equipment or process which creates noise, vibrations, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

Outdoor furnishings shall be limited to tables, chairs, umbrellas, benches, trash/recycling-type facilities, outdoor heaters and reservation podium.

Outdoor furnishings shall be stored in an enclosed facility (which shall include fencing) after normal operating hours.

The limits of the outdoor dining area shall be defined. In addition to decorative fencing and landscaping, decorative planters, posts with ropes, and other removable enclosures, as well as reservation podiums are encouraged as a way of defining the area occupied by the outdoor dining area.

Advertising or promotional signage, other than permitted signs in accordance with Article XIII of this chapter, shall be limited to umbrellas and canopies.

Outdoor dining shall not impede public sidewalks. Where permission is granted by the entity having jurisdiction over the public right-of-way in which the outdoor dining is proposed and a minimum of six feet of uninterrupted (obstacle-free) pathway can be continuously maintained, public sidewalks may be utilized for outdoor dining areas.

To be considered outside display and sales, the goods, material and merchandise which are being displayed shall be offered for sale to customers. Otherwise, it shall be considered outdoor storage or stockpiling and shall comply with outdoor storage and outdoor stockpile provisions set forth elsewhere in Article XII of this chapter relating to outdoor storage and outdoor stockpiling.

Except as provided in this subsection below, outside display and sales of goods, material and merchandise shall not occupy any public right-of-way (including public sidewalk areas), setbacks, buffer yards or required parking and loading areas. In no case shall the location of such outside display and sales areas occur within any area used for pedestrian or vehicular circulation, parking or loading, or emergency vehicle access (e.g., fire lanes).

Where permitted, automobile, boat, heavy equipment, mobile/manufactured home, recreational vehicle, and other similar motor vehicle rental/sales, repair/servicing, washing, and/or fuel/gasoline sales with outside sales/rental inventory/display areas for other similar motor vehicles, abut a street right-of-way, a perimeter landscape strip, a minimum of five feet in width, planted with a hedge, masonry wall, and/or other desirable planting of at least two feet in height, along with grass or other living ground cover, shall be planted, mulched and maintained on all portions of the perimeter landscape strip, and shall be provided and protected by permanent curbing, or otherwise comply with Article XIV of this chapter.

The location of the outside display and sales shall not interfere with or otherwise obstruct pedestrian and vehicular traffic:

No outside display and sales shall occur on areas with a slope in excess of 15% or within any area designated as the floodway or flood fringe, as provided for in Article XI of this chapter relating to the Floodplain Overlay Zoning District (FPO).

In order to prevent dust, erosion and excessive water flow across streets or abutting property, all areas used for outside display and sales shall be graded for proper drainage and shall be improved with a durable and dustless surface, such as concrete or bituminous concrete surface, unless an alternative material and/or design as part of a readily accepted stormwater BMP, in accordance with Chapter 360 of this Code, relating to stormwater management, or any other construction materials specifications adopted by the Borough, and approved by the Borough Engineer.

Outside display and sales areas shall be kept in an orderly fashion to maintain circulation for emergency response.

No signage, except as authorized by Article XIII of this chapter, shall be permitted.

Outside display and sales areas shall be graphically depicted and otherwise indicated upon any required site plan as part of a permit application pursuant to Article XVII of this chapter relating to applications for zoning permits.