It is actually in use in performing some legitimate service at the site at which it is parked.

It is being used in connection with on-going construction or similar work at the site.

It is a motor vehicle under 20 feet in length and 5,000 pounds in weight and is being used as a private vehicle, even if equipment is attached to it or carried on it.

The truck or trailer is parked on the lot of the legal or legally nonconforming use.

The truck or trailer is parked on the street adjacent to the legal or legally nonconforming use.

It is parked within a completely enclosed garage.

Fences shall be made of durable materials which shall be maintained in good condition. Fences shall be constructed and maintained so that the most aesthetic side shall face the exterior of the property. The requirement that the most aesthetic side shall face the exterior of the property shall not be applicable where fences are located upon abutting or contiguous private property lines.

A fence separating a wholly nonresidential use from any other wholly nonresidential use may not exceed 10 feet in height.

In the Highway Business and Flex Office Districts, no front yard fence may exceed four feet in height.

No fence shall be electrified or otherwise present a hazard to the public. Barbs and concertina wire shall be permitted in nonresidential districts only, seven feet in height and above.

Residential structures without permanent foundations or without permanent connections to utilities.

Mobile homes other than those permitted within approved mobile home parks. A mobile home affixed permanently to a permanent foundation (that is to say the home cannot be removed from the foundation simply by unbolting, utility disconnection, and the severing of stabilizing attachments) and is connected to required utilities, no longer shall be classified a mobile home but shall be considered a conventional structure.

The showing or presenting of lewd material or entertainment in an outdoor setting or theatre.

Any depository for dead animals or any facility for animal slaughtering or rendering.

The tanning of hides.

Any facility designed or used for the purpose of raising or maintaining animals, including fowl, to be used for food.

The use of any land for the storage of:

General.

Ground-Mounted Solar Energy Equipment.

Roof- or Wall-Mounted Solar Energy Equipment.

Use of any sign, circular, card, brochure, telephone book, magazine, newspaper, website, or any electronic media or other publication to advertise; or

By any other means representing that the person is in business in the Borough; or

Holding an active license or permit issued by a governmental agency indicating that the person is in business in the Borough.

It shall be compatible with the residential use of the property and surrounding residential uses.

The exterior appearance of the structure or premises must be maintained as a residential property.

No exterior evidence of the activity in the form of lighting or the display, inventorying, or stockpiling of goods shall be visible.

No retail sales shall be conducted, with the exception of telephone and/or Internet solicitations and those products of the home occupation or items deemed accessory to or directly associated with the home occupation.

The principal practitioner of the home occupation must be a resident of the dwelling unit.

No more than one person not residing in the dwelling shall be employed at any given time by the practitioner of the home occupation.

Any activity may be conducted only within the principal dwelling unit and may not occupy more than 25% of the habitable floor area of the dwelling unit or 500 square feet, whichever is less.

The activity shall not require the delivery of materials and goods by a truck larger than standard panel trucks equipped with no more than one rear axle.

Manufacturing, repairing, or other mechanical work shall only be performed indoors.

Noise, dust, smoke, heat, radiation, hazardous substances, vibration, glare, fumes, odor, or electrical or electronic interference, including Wi-Fi, radio or television reception that is detectable in the neighborhood shall be prohibited.

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

No customer or client traffic, whether vehicular or pedestrian, and no pickup, delivery or removal functions to or from the premises, shall be in excess of those normally associated with residential use.

A resident practitioner shall demonstrate that adequate off-street parking exists for both the home occupation and the dwelling unit.

There shall be no more than one home occupation per dwelling unit.

The dwelling unit in which a home occupation is conducted shall have its own direct access to ground level.

There shall be no illegal activity.

One sign, no larger than two square feet in area and consistent in all other respects with Chapter 27, Part 7, Signs, shall be permitted.

If the resident conducting the major home occupation is a tenant and not the owner of the property, the owner of the property shall be a party to the application for conditional use approval.

Such occupation may be located only within a single-family detached dwelling or within an accessory building located on the same lot as a single-family detached dwelling.

Such occupation may be conducted, in whole or in part, within an accessory building on the property. The total floor devoted to the major home occupation shall not exceed 25% of the floor area of the single-family detached dwelling or 600 feet, whichever is less.

The Borough Council may, as a condition of approval, require buffering or screening treatment along specific property lines where it determines the proposed conditional use will create off-site impacts in the form of noise, glare, proximity of use or associated parking area to neighboring properties, or other conditions directly related to public health, safety and welfare.

In no case shall a major home occupation be permitted on a lot with a gross lot area less than 15,000 square feet.

In addition, as part of the conditional use approval process, the applicant shall document, and the Borough Council shall specifically evaluate, the amount of customer, client and/or patient traffic anticipated to be generated by the proposed home occupation use. The level of such traffic may be greater than that associated with no-impact home occupation but will not exceed an amount that, as determined by the Borough Council, will disrupt the residential character of the neighborhood in which the property is located.

All home occupations shall register with the Department of Licensing and Inspections within six months of the effective date of this section. A failure to register, as required, shall be deemed an abandonment of any right to operate a nonconforming home occupation regardless of actual intent. Thereafter, any such home occupation will be required to obtain a permit and be treated as though it were a newly created home occupation.

No home occupation shall be established or maintained unless a permit is obtained from the Department of Licensing and Inspections.

Establish uniform standards for the siting, design, permitting, maintenance, and use of wireless telecommunications facilities on wireless support structures, as well as the siting, design, permitting, maintenance, and use of wireless towers, in the Borough.

Promote the health, safety, and welfare of Borough residents and businesses with respect to the use of wireless telecommunications facilities and wireless support structures.

Provide for the managed development of wireless telecommunications facilities in a manner to provide adequate wireless telecommunications services within the Borough in accordance with federal and state laws and regulations.

Establish procedures for the design, siting, construction, installation, maintenance, and removal of wireless telecommunications facilities in the Borough, as well as the siting, design, permitting, maintenance, and use of wireless towers in the Borough, both inside and outside the right-of-way.

Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, cable Wi-Fi, and other wireless telecommunications facilities.

Encourage the co-location of wireless telecommunications facilities on existing wireless support structures rather than the construction of wireless towers or through the conversion of structures to wireless support structures.

Protect Borough residents from potential adverse impacts of wireless telecommunications facilities on wireless support structures and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape.

Update the Borough's wireless telecommunications facilities and wireless support structure regulations to incorporate changes in federal and state laws and regulations.

Municipal facilities, as defined herein, are hereby exempt from the regulations contained in this section.

Schools, as defined in § 1400, are hereby exempted from the regulations contained in Section 505, Subsection 8B through D.

Standard of Care. Any wireless telecommunications facility and/or wireless tower shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety, and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors, if applicable. Any wireless telecommunications facility and/or wireless tower shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property within the Borough.

Wind. All wireless towers shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute (ANSI).

Public Safety Communications. No wireless telecommunications facility shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio Frequency Emissions. No wireless telecommunications facility may, by itself or in conjunction with other wireless telecommunications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC.

Timing of Approval. Within 30 calendar days of the date that an application for a wireless telecommunications facility and/or wireless tower is filed with the Borough, the Borough shall notify the applicant, in writing, of any information required to complete the application.

Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a wireless telecommunications facility and/or any wireless tower, as well as related inspection, monitoring and related costs. Such permit fees shall be determined by the Borough and authorized by resolution of the Council and shall be based on the Borough's actual costs as applied to such wireless telecommunications facility and any associated wireless support structure.

Maintenance. The following maintenance requirements shall apply:

Aviation Safety. All wireless communications facilities and/or wireless towers shall comply with federal and state laws and regulations concerning aviation safety. The applicant shall provide certification from the Federal Aviation Administration demonstrating that the proposed wireless communications facility and/or wireless tower will not impact the operations of the Pottstown Municipal Airport, including, but not limited to, the departure path of aircraft arriving or departing from the airport.

Insurance. The applicant shall provide a certificate of insurance issued to the owner/operators of the wireless communications facility and/or wireless tower evidencing that there is adequate liability insurance in effect. The applicant shall maintain adequate liability insurance until the removal of the wireless telecommunications facility and/or tower; and, at any time, upon demand from the Borough, the owner of the wireless telecommunications facility or wireless tower shall produce a certificate of insurance demonstrating continued and current adequate liability insurance.

Engineer Signature. All plans and drawings relevant to the regulations contained in this chapter shall contain a seal and signature of a professional engineer, licensed in the Commonwealth of Pennsylvania.

Height.

Identification. Posted on all new wireless towers shall be a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Borough.

Painting and Lighting. All new wireless towers shall be painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. Wireless towers shall not be artificially lighted, except as required by law.

Noise. All new wireless towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded only temporarily.

Nonconforming Uses. Nonconforming wireless towers that are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section.

FCC License. Each person that owns or operates a wireless tower shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

Co-location.

Full Site Plan. A full site plan which depicts the applicant's satisfaction of all requirements contained within this section, as well as all other applicable items required in Chapter 22, Subdivision and Land Development, of the Pottstown Borough Code of Ordinances, as amended, shall be submitted to the Borough Engineer for approval prior to the issuance of any permit.

Stealth Technology. Any new wireless tower shall employ the most-current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Borough. In the sole discretion of the Borough, the requirement to utilize stealth technology may be waived if the Council determines that the waiver is in the best interest of the Borough.

Soil Report. A current soil report complying with the standards of geotechnical investigations of the Electronic Industries Association and Telecommunications Industry Association shall be submitted to the Borough Engineer prior to construction to document and verify the adequacy of the design specifications of the foundation for the wireless tower.

Notice. Within seven days of the submission of an application for any new wireless tower, the applicant shall conspicuously post notice on the property. Such notice shall be supplied by the Zoning Officer and remain on the property until the application is approved or denied.

Graffiti. Any graffiti on the wireless tower or on any accessory equipment or wireless support structures shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

Removal. In the event that use of a wireless tower and/or associated co-location wireless communications facility is to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned wireless towers and/or associated co-location wireless communications facilities shall be removed as follows:

Retention of Experts. The Borough may hire any consultant and/or expert deemed necessary to assist the Borough in reviewing and evaluating the application for approval of any new wireless tower and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant shall reimburse the Borough for all costs of the Borough's consultant in providing expert evaluation and consultation in connection with these activities.

Financial Security. Prior to the issuance of a permit for a new wireless tower, the applicant shall, at its own expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Borough Solicitor, in an amount of $100,000 to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Borough.

Engineer Inspection. Prior to the Borough's issuance of a permit authorizing construction and erection of a wireless tower, a structural engineer registered in Pennsylvania shall issue to the Borough a written certification of the proposed wireless tower's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunications Industry Association and certify the proper construction of the foundation and the erection of the structure.

Additional Wireless Communications Facilities. Prior to the Borough's issuance of a permit authorizing construction and erection of a wireless tower, the applicant and the owner of the wireless tower, if different from the applicant, shall provide the Borough with a written commitment that it will allow future service providers to co-locate wireless communications facilities on the tower where economically and technically feasible; provided, however, that the owner of the wireless tower shall not install any additional wireless telecommunications facilities without obtaining the prior written approval of the Borough.

Permitted in Certain Zones Subject to Regulations. New wireless towers in the right-of-way shall be permitted only in the Flex-Office, Highway Business, and Heavy Manufacturing Districts, subject to the restrictions and conditions provided herein. Additionally, no new wireless tower shall be located within 100 feet of the zoning district boundary of the Downtown Gateway Districts nor within 100 feet of the boundary of any historic district within the Borough.

Time, Place, and Manner. The Borough shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all wireless towers in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place, and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.

Equipment Location. Wireless towers in the ROW and any accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Borough. Equipment connected to, or associated with, a wireless tower shall be either attached to the same pole, with at least 12 feet of vertical clearance between the ground and the bottom of the equipment structure, or located underground.

Relocation or Removal of Facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a wireless tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any wireless telecommunications facility when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

Compensation for ROW Use. In addition to permit fees as described in Section 505, Subsection 4F, every wireless tower in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other ROW management activities by the Borough. The annual ROW management fee for wireless towers in the ROW shall be determined by the Borough and authorized by resolution of the Borough Council and shall be based on the Borough's actual ROW management costs as applied to such wireless towers.

Permitted in Certain Zones Subject to Regulations. New wireless towers outside the right-of-way shall be permitted only in the Flex-Office, Highway Business, and Heavy Manufacturing Districts, subject to the restrictions and conditions provided herein. Additionally, no new wireless tower shall be located within 100 feet of the zoning district boundary of the Downtown Gateway Districts nor within 100 feet of the boundary of any historic district within the Borough.

Zoning Standards. A new wireless tower shall be permitted as either the sole use on a lot or combined with another nonresidential use on the same lot. The wireless tower and any other structures or equipment on the lot must comply with all applicable standards of the underlying zoning district, including, but not limited to, minimum lot size and setback requirements.

Fencing/Screening.

Accessory Equipment and Structures. All utility buildings and accessory structures shall be architecturally designed to blend into the environment. All utility buildings and accessory structures shall have a maximum building footprint of 600 square feet and a maximum height of 15 feet.

Access Road. An access road, turnaround space, and parking shall be provided as needed to ensure adequate emergency and service access to the wireless tower. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Access drive grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility. The access easement shall be a minimum of 20 feet in width, and the access drive shall be improved with a dust-free, all-weather surface to a width of at least 10 feet throughout its entire length.

Off-Street Parking. One off-street parking space shall be provided to ensure adequate emergency and service access to the wireless tower. Vehicular access shall not interfere with the parking or vehicular circulation for a principal use if also located on the lot; however, where appropriate and available, existing parking for the principal use may be utilized.

Inspection. The Borough reserves the right to inspect any wireless tower to ensure compliance with the provisions of this section and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a wireless tower is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Permitted in All Zones Subject to Regulations. Wireless telecommunications, facilities are permitted in all zones, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the Borough.

Easement. Where a wireless telecommunications facility will be installed or co-located on a property with another principal use, or a wireless telecommunications facility which is on a property with another principal use is to be replaced or modified, the applicant shall present documentation evidencing that the owner of the property has granted an easement, or executed a license agreement or other access agreement, satisfactory to the Borough for the proposed facility, which provides that vehicular access is provided to that facility.

Mounting. An applicant seeking to install, co-locate, replace, or modify a wireless telecommunications facility shall submit for review by the Borough for compliance with the applicable building codes, as amended, detailed construction and elevation drawings indicating how the wireless communications facility will be mounted on the wireless support structure.

Removal. In the event that use of a wireless telecommunications facility is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned wireless telecommunications facilities or portions of wireless telecommunications facilities shall be removed as follows:

Historic Buildings. No wireless telecommunications facility may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or designated by the Borough as being of historic significance.

Time, Place, and Manner. The Borough shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all wireless communications facilities in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place, and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.

Design Requirements.

Equipment Location. Wireless communications facilities located in the ROW and any accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW, as determined by the Borough. Equipment connected to, or associated with, a wireless communications facility shall be either attached to the same wireless tower or wireless support structure, with at least 12 feet of vertical clearance between the ground and the bottom of the equipment structure, or located underground.

Relocation or Removal of Facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a wireless communications facility located in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any wireless communications facility when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

Compensation for ROW Use. In addition to permit fees as described in Section 505, Subsection 4F, every wireless communications facility located in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other ROW management activities by the Borough. The annual ROW management fee for wireless communications facilities located in the ROW shall be determined by the Borough and authorized by resolution of the Borough Council and shall be based on the Borough's actual ROW management costs as applied to such wireless communications facility.

Design. Any utility buildings and accessory structures required for or in connection with the installation, co-location, replacement, or modification of the wireless telecommunications facility shall be architecturally designed to blend into the environment. All utility buildings and accessory structures shall have a maximum building footprint of 600 square feet and a maximum height of 15 feet.

Security Fencing. A security fence having a maximum height of six feet shall completely surround any utility buildings and accessory structures.

Screening. The applicant shall submit a landscaping and screening design plan which includes the following:

Access. Vehicular access to any utility buildings and accessory structures shall not interfere with the parking or vehicular circulation on the site for the principal use.

Stealth Technology. Any new wireless tower shall employ the most-current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Borough. In the sole discretion of the Borough, the requirement to utilize stealth technology may be waived if the Council determines that the waiver is in the best interest of the Borough.

Inspection. The Borough reserves the right to inspect any wireless communications facility to ensure compliance with the provisions of this section and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a wireless communications facility is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Twenty feet from public rights-of-way and alleyways; and

Four feet from sidewalks, trails, pedestrian routes, parking areas, fences, property lines, freestanding walls, and buildings.

Greenhouses shall comprise a total floor area of no more than 250 square feet.

Greenhouses shall be located only in rear yards and shall not exceed eight feet in height.

In Conservation and Gateway Districts, private garages may be the same general size, height and placement on the lot as similar buildings on the same side of the same block within a two-hundred-fifty-foot radius, except that whenever possible, garages should be accessed from an alley. A garage may have a second story if there are at least two other existing garages with second stories on the same side of the same block within a two-hundred-fifty-foot radius.

Parking lots shall meet the standards in Part 6.

The following chart shows the maximum allowable off-street spaces for residential uses:

Dumpsters (routine collection) and solid waste storage units shall be screened on all sides from public view and enclosed by a solid fence or wall constructed of vinyl designed to look like wood, composite designed to look like wood, brick, stone, or stucco over concrete block (capped with brick, slate or stone). While natural enhancements to screening, like trees, shrubs, and other landscaping, are always encouraged, natural screening may not be used as a substitute for fencing or a wall. The fence or wall shall be higher than the container being screened but shall never be less than four feet in height.

Dumpsters (routine collection) and solid waste storage units shall only be accessible by a solid gate.

Dumpsters (routine collection) and solid waste storage units shall be located on a paved surface or concrete pad.

Dumpsters (routine collection) and solid waste storage units shall be located in the rear yard of the property, setback at least three feet from the rear and side property lines.

The placement of the dumpsters (routine collection) and solid waste storage units shall not result in a reduction of any existing off-street parking spaces.

Residential storage sheds and accessory buildings shall be no larger than 120 square feet and eight feet in overall height.

Nonresidential storage sheds and accessory buildings shall be no larger than 200 square feet and eight feet in overall height, with a maximum of up to three storage sheds and/or accessory buildings per lot.

In all districts, storage sheds and accessory buildings shall be located in the rear yard, a minimum of three feet from any property lines.

For nonresidential uses, the following standards shall apply:

Swimming pools shall be used solely for occupants and guests of the property.

In order to prevent uncontrolled access to a swimming pool from the street or adjacent properties, the property must either construct a fence or wall around the perimeter of the pool area or the yard where the pool is located.

Swimming pools shall not be located in the front yard.

Storable swimming pools must be drained and removed before October 1 each year.

Storable swimming pools may be located no less than four feet from the side lot line and/or four feet from the rear lot line, where applicable. All other swimming pools may be located no less than seven feet from the side lot line and 10 feet from the rear lot line, where applicable. Storable swimming pools which cannot or is not drained and removed by October 1 will be subjected to the setback requirements for nonstorable pools.

Occupants must obtain a permit from licensing and inspections for all new or replacement pools prior to construction or installation; provided, however, that a new permit is not required for the annual setup of a storable pool of the same dimensions are submitted pursuant to the original application and it is erected in the same location.

An outdoor dining area requires a valid permit issued by the Borough. The permit shall be conspicuously displayed for the benefit of the patrons at all times within the establishment.

The dining area shall be directly in front of or adjoining a street-level establishment.

The dining area shall be maintained at the same elevation as the existing sidewalk surface.

The dining area shall not infringe or encroach on the minimum number of off-street parking spaces or, in the event of shared parking facilities, further reduce available parking.

The dining area may be physically separated along its parameter from the public or parking areas by a railing, fence, planting boxes, a combination thereof, or some other means having the same effect. Collapsible or removable railing or fencing shall only be permitted where the ground receptacle can be capped, and the anchors cannot exceed a depth below grade of the sidewalk of four inches. Any collapsible railing or fencing shall be removed during periods of the year when the area is not in use. No partition shall create a safety risk (e.g., tripping hazard).

The dining area shall be set back at least 10 feet from all driveways and internal vehicle circulation lanes.

(Reserved)[1]

The dining area shall not infringe or encroach upon the clear egress space between any exit door of the structure and the clear sidewalk space.

The dining area shall not cover ventilation grates, and ventilation grates shall not be considered clear walk space.

Dining areas located at street intersections shall provide corner clearance by providing a ten-foot clear space from the point of tangency of the curbline.

Nonconforming uses are prohibited from operating an outdoor dining area.

Minimum lot area: 30,000 square feet.

Minimum open space: 20%.

Maximum building coverage: 75%.

Front setback - building or structure: 50 feet.

Side setback - building or structure: 20 feet.

Rear setback - building or structure: 20 feet.

Minimum lot width: 150 feet.

Minimum lot depth: 200 feet.

Maximum building height: 55 feet.

Minimum floor to area ratio:

Storage sheds and other similar:

Biofuel storage tank (outdoor, aboveground).

Research and development facility.

Mechanics' bay/maintenance shop.

Exceptions.

A competently trained, on-site house manager responsible for enforcement of all house rules and policies shall be on-duty at all times.

The residents shall maintain a single household unit with shared use of living areas, eating areas, bathrooms and food preparation and serving areas, and shall share mealtimes and housekeeping responsibilities.

All residents shall be subject to a valid, enforceable written lease agreement.

The dwelling complies with all federal, state and local laws, including, but not limited to, the Americans with Disabilities Act of 1990, as amended, including, but not limited to, accessible facilities, and the Borough's Building Codes, as amended, and Property Maintenance Code, as amended.

No sign shall identify the use.

No kitchen facilities shall be permitted in any bedroom.

The dwelling shall be connected to an approved public sewage disposal and water supply system and the applicant shall possess sufficient EDUs for the operation of the sober living home.

The home shall be built, maintained, and operated so as to maintain the appearance of a single-family home compatible with the surrounding neighborhood and avoid potential or actual adverse influences and impacts upon surrounding properties and the general health, safety, and welfare.

The operator shall provide a scaled floor plan depicting all common areas and bedrooms and includes notations on maximum occupancy of each room.

The applicant shall provide proof of adopted written policies and procedures and thereafter enforce policies and procedures which adequately: