Red Lion City Zoning Code
PART 6
STANDARDS FOR SPECIAL EXCEPTION USES
§ 27-601 Requirement of Specific Standards.
[Ord. 8811-14, 11/18/1988, § 215-38]
In addition to the general standards for all special exceptions, as contained in § 27-504, Subsection 6, the specific standards for the particular uses allowed by special exceptions are set forth in this chapter. These standards must be met prior to the granting by the Zoning Hearing Board of a special exception for such uses in applicable zones.
§ 27-602 Adult Facilities.
[Ord. 8811-14, 11/18/1988, § 215-39]
1.
In the C or I Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
An adult regulated facility shall not be located within 300 feet of any residential zone or use.
B.
An adult regulated facility shall not be located within 700 feet of any church, school, library, park, playground, or day-care center or within 500 feet of any other adult regulated facility.
C.
Any building or structure used and occupied as an adult regulated facility shall have an opaque covering over all windows or doors of any area in which materials, merchandise, film, or service are exhibited or displayed; and no sale materials, merchandise, film, or other offered items of service shall be visible from outside the building or structure.
D.
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, or service offered therein.
E.
Each and every entrance to the structure shall be posted with a notice that the use is a regulated facility that persons under the age of 18 are not permitted to enter and warning all others that they may be offended upon entry.
§ 27-603 Animal Hospital, Kennel, or Small Animal Farm.
[Ord. 8811-14, 11/18/1988, § 215-40]
1.
In the I Zone, and subject to the requirements of that zone, except as herein modified and provided:
A.
Lot area shall be two acres, minimum.
B.
Setback. All animal runs, fenced enclosures and similar structures shall be located at least 25 feet from all property or 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.
§ 27-604 Multi-Use Building.
[Ord. 8811-14, 11/18/1988, § 215-41; as amended by Ord. 2000-06-3, 6/12/2000; by Ord. 2005-10-05, 10/10/2005; and by Ord. 2013-11-1, 11/11/2013]
1.
In the BC or C Zone, and subject to the requirements of that zone, except as herein modified and provided:
A.
Dwelling units are permitted as an accessory use in the same building with a principal commercial use which is permitted in the Commercial or Borough-Center Zone.
B.
A separate entrance must be provided for the residential use.
C.
Lot area shall be 6,000 square feet, minimum.
D.
Lot width shall be 60 feet, minimum.
E.
A minimum of 400 square feet of open area must be provided for each dwelling unit.
F.
All parking, habitable floor area and other applicable requirements of this chapter and of the Uniform Construction Code shall be satisfied in addition to those required for the commercial use.
§ 27-605 Automobile and/or Trailer Sales; Automobile Body Shop and/or Automobile Garage (Major).
[Ord. 8811-14, 11/18/1988, § 215-42; as amended by Ord. 2015-11-3, 11/9/2015]
1.
In the C and I Zones, and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Lot area shall be 12,000 square feet, minimum.
B.
Lot width shall be 80 feet, minimum.
D.
All service and/or repair facilities shall be conducted within a wholly enclosed building.
E.
No outdoor storage of parts, equipment, lubricants, fuel, or other materials used or discarded as part of the service repair operation shall be permitted.
F.
All exterior vehicle storage areas shall be screened from adjoining residentially zoned properties.
G.
The demolition or junking of automobiles is prohibited.
§ 27-606 Automobile Dismantling Plant; Junkyard.
[Ord. 8811-14, 11/18/1988, § 215-43]
1.
In the I Zone, and subject to the requirements of that zone, except as herein modified and provided:
A.
Lot area shall be five acres, minimum.
B.
Lot width shall be 300 feet, minimum.
C.
Setbacks. Any area used for this purpose must be at least 75 feet from any property line and 100 feet from any street line.
D.
The area to be used must be completely enclosed within a six-foot-high fence so constructed as not to have openings greater than six inches in any direction and should include appropriate screening.
E.
It must comply with all applicable state regulations.
§ 27-607 Automobile Washing Facility.
[Ord. 8811-14, 11/18/1988, § 215-44]
1.
In the C Zone, and subject to the requirements of that zone, except as herein modified and provided:
§ 27-608 Bed-and-Breakfast Inn.
[Ord. 8811-14, 11/18/1988, § 215-45; as amended by Ord. 9411-8, 11/9/1994; and by Ord. 2000-06-3, 6/12/2000]
1.
In the BC, R-O, and R-T Zones, 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 seven days.
B.
There shall be a maximum of four guest rooms.
C.
Breakfast shall be the only meal 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. Existing minor automobile garages and carports, at least nine feet by 18 feet, may be used as the required parking spaces for the dwelling unit.
E.
One sign may be erected on the property. 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.
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.
§ 27-609 Building Materials Sales and Service.
[Ord. 8811-14, 11/18/1988, § 215-46]
1.
In the C Zone, and subject to the requirements of that zone, except as herein modified and provided:
A.
Lot area shall be 20,000 square feet, minimum.
B.
Lot width shall be 100 feet, minimum.
C.
Access shall be via an arterial or collector street as designated by the Borough's Thoroughfare Classification Plan.
D.
All outdoor storage and display areas shall be screened from adjoining roads and properties.
§ 27-610 Cemetery.
[Ord. 8811-14, 11/18/1988, § 215-47]
1.
In the R-O Zone, and subject to the requirements of that zone, except as herein modified and provided:
A.
All burial plots or facilities shall be located at least 50 feet from all property or street lines.
B.
Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery.
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.
Pet cemeteries must meet all of the above applicable requirements.
§ 27-611 Club Room; Club Grounds; Meeting Rooms.
[Ord. 8811-14, 11/18/1988, § 215-48; as amended by Ord. 2000-06-3, 6/12/2000]
1.
In the BC or C Zone, and subject to the requirements of that zone, except as herein modified and provided:
A.
Lot area shall be 10,000 square feet, minimum.
B.
Lot width shall be 80 feet, minimum.
C.
Access shall be via an arterial or collector street as designated in the Borough's Thoroughfare Classification Plan.
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.
The use shall not constitute a public or private nuisance.
§ 27-612 Cluster Development.
[Ord. 8811-14, 11/18/1988, § 215-49]
1.
In the R-O or R-T Zone, and subject to the requirements of the zone in which located, except as herein modified and provided, in the case of residential developments of 10 acres or more, an added degree of flexibility in the placement, bulk, and interrelationship of the buildings and uses within the development may be approved by the Borough Council. The overall intensity of use and density of population shall be maintained while providing for new or additional design concepts. The gross area requirement may be waived if the proposed tract abuts an existing cluster development, is within an appropriate zoning classification and will enable a compatible extension of the existing development. The following guidelines shall be followed:
A.
Minimum lot area, lot width, lot coverage, open area, and paved area requirements may be waived for individual lots. These standards shall be applied to the total tract area, exclusive of highway and utility rights-of-way, to determine the total number of permitted dwelling units.
B.
Setbacks and building height shall remain as required in the appropriate zoning district.
C.
Public water and public sewer are required.
D.
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 by-laws for a property owners association, shall be subject to the approval of the Borough Council.
E.
These provisions shall not apply to mobile home parks.
F.
All other provisions of this chapter and any other applicable ordinance of the Borough shall apply to cluster developments. Housing types include only those permitted by right or special exception in the zone in which located. Special exception procedures and requirements also apply to multi-family dwellings (except for lot area and lot width) when included with a cluster development.
§ 27-613 Commercial Communications Tower and Antenna Sites.
[Ord. 8811-14, 11/18/1988, § 215-49.1; as added by Ord. 996-8, 6/14/1999]
1.
Commercial communications tower and antenna sites which meet the following requirements shall be allowed in the zones in which they are permitted under the use schedule.
A.
The applicant must demonstrate that it has contacted the owners of all properties containing a smokestack, water tank, church steeple, commercial building with two or more stories, or other existing tower located within a 1/4-mile radius of the proposed site, asked for permission to install the antenna on those facilities and was denied for non-economic reasons.
B.
The applicant must demonstrate that the height of the tower is the minimum necessary to function satisfactorily.
C.
The applicant must demonstrate that the proposed antenna and tower are safe and that the surrounding area will not be affected by antenna or tower failure, collapse or falling ice.
D.
All towers shall be fitted with anti-climbing devices.
E.
A fence shall be required around the tower and guy wire anchors of not less than six feet in height.
F.
Landscaping shall screen all fences.
G.
Off-street parking shall not be required unless on-site personnel are required to operate or maintain the site.
H.
In order to reduce the number of towers needed, the proposed tower shall be required to accommodate other users, including local fire, police and ambulance companies. The owner of the land and the operator of the tower and antenna must provide a written statement that neither will prohibit collocation of additional antennas on the tower.
I.
The proposed antenna and tower shall not be considered as a separate principal use for purposes of the dimensional requirements of this chapter. However, the minimum distance between the base of the tower and all adjoining property boundary lines shall be a distance equivalent to the height of the tower and antenna plus 15 feet (e.g., 150 feet from ground to top of tower and antenna needs 165 feet distance from base of tower to all property lines).
J.
No advertising or attached signs shall be permitted.
K.
The tower shall be painted noncontrast gray unless camouflaged in a manner directed by the Zoning Hearing Board to blend with existing trees and vegetation to minimize the visual impact.
L.
The owner of the tower and antenna must provide a written agreement which specifies that the owner shall remove it within 90 days after cessation of use.
M.
With the exception of holiday lighting between Thanksgiving and the following January 10, no lights are permitted to be mounted on the tower or antenna, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.
§ 27-614 Commercial Parking Lot or Building.
[Ord. 8811-14, 11/18/1988, § 215-50; as amended by Ord. 2000-06-3, 6/12/2000]
1.
In the BC, C, or I Zone, and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Lot area shall be 10,000 square feet.
B.
Lot width shall be 80 feet, minimum.
C.
Not more than 80% of the lot area may be covered with impervious surfaces.
D.
No sale, rental, service, or repair operation is permitted.
E.
The design of the parking facility must be approved by the Borough Engineer with regards to layout, access, drainage and dimensions of aisles.
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.
§ 27-615 Commercial Recreation Establishment.
[Ord. 8811-14, 11/18/1988, § 215-51; as amended by Ord. 2000-06-3, 6/12/2000]
1.
In the BC, C, or I 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 Thoroughfare Classification Plan.
B.
Those uses involving extensive outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties.
C.
However, when the outdoor recreational use adjoins a residential use or zone, trees or shrubs must be planted on the site of this use so as to form an effective visual barrier between the outdoor recreational use and the residential properties.
D.
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties because of hours of operation, noise, light, litter, dust, and pollution.
§ 27-616 Commercial School.
[Ord. 8811-14, 11/18/1988, § 215-52; as amended by Ord. 2000-06-3, 6/12/2000]
1.
In the BC or C Zone, and subject to the requirements of that zone, except as herein modified and provided:
§ 27-617 Convalescent Home, Nursing Home, or Hospital.
[Ord. 8811-14, 11/18/1988, § 215-53; as amended by Ord. 991-1, 1/11/1999]
1.
In the R-T, R-O, or C Zone, and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Lot area shall be one acre, minimum, in the R-T and C Zones, three acres minimum in the R-O Zone.
B.
Lot width shall be 150 feet, minimum.
C.
Access shall be via an arterial or collector street as designated in the Borough's Thoroughfare Classification Plan.
D.
Public sewer and public water approved by the Pennsylvania Department of Environmental Protection must be utilized.
E.
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.
§ 27-618 Day-Care Center or Nursery School.
[Ord. 8811-14, 11/18/1988, § 215-54]
1.
In the R-T Zone, and subject to the requirements of that zone, 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 Red Lion 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.
D.
Access shall be via an arterial or collector street as designated in the Borough's Thoroughfare Classification Plan.
§ 27-619 Day-Care Home.
[Ord. 8811-14, 11/18/1988, § 512-55]
1.
In the R-O and R-T Zones, 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 registration from Pennsylvania Department of Public Welfare and shall provide a copy of said certificate to the Borough.
B.
Outdoor play areas for children must be located in a side or rear yard to provide for the health and safety of the children as determined by the Zoning Hearing Board.
C.
No employees, other than residents of the dwelling, shall be permitted.
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.
§ 27-620 Domiciliary Care Home.
[Ord. 8811-14, 11/18/1988, § 512-56]
1.
In the R-O or R-T Zone, and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
The facility must be certified by the York County Agency on Aging prior to occupancy approval by Red Lion 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.
The domiciliary care home must be owner-occupied and only family members residing on the premises shall provide the care associated with a domiciliary care facility.
D.
No facilities for cooking or dining shall be provided in individual rooms or suites.
E.
The home must comply with all local regulations including, but is not limited to, fire, health, and building codes.
§ 27-621 Eating Establishment.
[Ord. 8811-14, 11/18/1988, § 512-57; as amended by Ord. 2000-06-3, 6/12/2000; and by Ord. 2008-07-03, 7/14/2008, § 9]
1.
In the C, BC, or I 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 Thoroughfare Classification Plan.
B.
All drive-through window lanes shall be separated from the parking lot's interior drives.
C.
All exterior seating areas shall be completely enclosed by a three-foot-high fence.
D.
Public water and public sewer must be utilized.
§ 27-622 Funeral Home.
[Ord. 8811-14, 11/18/1988, § 512-58; as amended by Ord. 2000-06-3, 6/12/2000]
1.
In the R-T, BC, or C Zone, and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Lot area shall be 30,000 square feet, minimum.
B.
Lot width shall be 100 feet, minimum.
C.
Access must be on an arterial or collector street as designated in the Borough's Thoroughfare Classification Plan.
D.
In the R-T Zone, 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.
E.
Public water and public sewer approved by the Pennsylvania Department of Environmental Protection must be utilized.
§ 27-623 Group Home or Group Quarters.
[Ord. 8811-14, 11/18/1988, § 512-59]
1.
In the R-O, R-T, or C 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.
All group quarters and group homes shall be connected to public water and public sanitary sewage facilities approved by the Pennsylvania Department of Environmental Protection.
D.
Group homes shall be registered and licensed by the Commonwealth of Pennsylvania and shall be in compliance with all applicable rules and regulations of the licensing body.
E.
Off-street parking shall be provided for each group quarters based upon one parking space for each occupant. Two off-street parking spaces shall be provided for each group home.
F.
All group quarters and group homes shall comply with all applicable building, health, and fire codes of the local government.
§ 27-624 Home Occupation and Profession.
[Ord. 8811-14, 11/18/1988, § 215-60; as amended by Ord. 9411-8, 11/9/1994; and by Ord. 987-3, 7/13/1998]
1.
Subject to the requirements below, the following home occupations and professions may be authorized only in a dwelling unit in an R-O or R-T Zone: 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.
Regulations for permitted home occupations and professions:
A.
Employees. No person other than a resident of the dwelling unit may practice the occupation. No more than one person shall be employed to provide secretarial, clerical, or other assistance.
B.
Pupils. No more than two pupils may receive instruction at a time.
C.
Coverage. Not more than 30% of the ground floor area of the dwelling unit may be devoted to a home occupation or profession.
D.
Appearance. The character or external appearance of the dwelling unit must be that of a dwelling. No display of products may be shown so as to be visible from outside the dwelling. A name plate not larger than two square feet in area is permitted and may be illuminated only by indirect lighting.
E.
Parking. Besides the required parking for the dwelling unit, additional off-street parking is required in accordance with the following:
(1)
Two spaces for the home occupation, plus one space for the nonresident employee, must be provided. The space for the nonresident employee may be waived by the Zoning Hearing Board if the applicant agrees to a condition that no outside employees will be permitted.
(2)
Each space shall not have direct access to the street to avoid vehicles backing into the flow of traffic.
(3)
Existing minor automobile garages and/or carports, at least nine feet by 18 feet, may be used as the required parking for the dwelling unit but not for the home occupation or nonresident employee.
F.
Sales. Only goods produced on the premises or used in connection with the permitted home occupation may be sold there.
§ 27-625 House of Worship.
[Ord. 8811-14, 11/18/1988, § 215-61]
1.
In the R-O Zone, and subject to the requirements of that zone, except as herein modified and provided:
A.
Side Setback. Minimum side setbacks of 20 feet (each) must be provided.
B.
Access shall be via an arterial or collector street as designated by the Borough's Thoroughfare Classification Plan.
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.
§ 27-626 Industrial Park.
[Ord. 8811-14, 11/18/1988, § 215-62]
1.
In the I Zone, and subject to the requirements of that zone, except as herein modified and provided:
A.
Permitted Uses. All uses permitted in the Borough's Industrial Zone shall be permitted.
B.
Lot Area. Minimum lot area must be provided equal to that total required if individual lots were to be subdivided and sold to tenants.
C.
Lot width shall be 200 feet, minimum. Individual parcels within the park shall have a width of at least 100 feet.
E.
Access. Primary access shall be via an arterial or collector street as designated in the Borough's Thoroughfare Classification Plan. Truck traffic going to and from the industrial park shall be permitted only on nonresidential streets.
F.
Buffers. When adjacent to a residential zone, a buffer yard of not less than 150 feet shall be maintained on each side adjoining the residential zone. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for buildings, parking, or location.
G.
Public water and public sewer facilities approved by the Pennsylvania Department of Environmental Protection must be provided to all tenants.
H.
All internal streets providing access to parcels within the park shall be a minimum of 20 feet in width and be constructed to Borough specifications. Such streets shall remain private.
§ 27-627 Keeping of Livestock.
[Ord. 8811-14, 11/18/1988, § 215-63]
1.
In the R-O or I Zone, and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Lot Area. A minimum lot size of one acre is required for the first animal, plus an additional 1/2 acre for each additional animal.
B.
A maximum of 50 livestock may be kept.
C.
Provision for restraining and protecting livestock shall be required in the form of a shelter and fence of such size, composition, and durability as to provide reasonable restraint and/or protection. Shelters and enclosures shall be located only in the rear yard. Shelters may be no closer than 100 feet to any existing principal building on adjacent land; however, in any event, all shelters and enclosures shall be setback a minimum of 25 feet from all property lines.
D.
All animal wastes shall be properly stored and disposed of in a manner that will not create a public health hazard or nuisance.
E.
All livestock shall, except while pasturing, grazing or exercising, be housed in a building erected for the purpose.
§ 27-628 Medical Clinic; Laboratories.
[Ord. 8811-14, 11/18/1988, § 215-64; as amended by Ord. 2000-06-3, 6/12/2000]
1.
In the R-T, BC, or C Zone, and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Lot area shall be 20,000 square feet, minimum.
B.
Lot width shall be 150 feet, minimum.
C.
Public sewer and public water approved by the Pennsylvania Department of Environmental Protection must be utilized.
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.
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.
§ 27-629 Mini-Storage Facility.
[Ord. 8811-14, 11/18/1988, § 215-65]
1.
In the C or I Zones and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Lot area shall be one acre, minimum.
B.
Lot width shall be 100 feet, minimum.
C.
All lights shall be shielded to direct light onto the uses established and away from adjacent property.
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.
The servicing or repair of stored equipment shall not be conducted on the premises. Also no business activities other than rental of storage units shall be conducted on the premises.
F.
All storage shall be within the building area.
G.
A thirty-foot travel lane must be provided between parallel buildings.
H.
No water or sewer shall be required.
[Added by Ord. 2017-01-01, 1/9/2017]
§ 27-630 Mobile Home Park.
[Ord. 8811-14, 11/18/1988, § 215-66]
1.
In the I 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 sewer and public water approved by the Pennsylvania Department of Environmental Protection must be utilized, and each mobile home lot (not including street right-of-way) must be not less than 6,000 square feet in area and not less than 60 feet wide at the building setback line.
C.
Regardless of lot size, the distance between any two mobile homes shall not be less than 30 feet and no one side yard distance shall be less than 12 feet. Front setbacks shall not be less than 20 feet and rear setbacks shall not be less than 10 feet. The total number of mobile homes shall not exceed an average density of five per acre.
D.
The Zoning Hearing Board may require additional 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.
E.
A mobile home park and extension thereof shall also comply with all applicable state and/or municipal regulations now in effect or hereafter enacted.
§ 27-631 Mobile Home Sales Lot.
[Ord. 8811-14, 11/18/1988, § 215-67]
1.
In the C Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
Lot area shall be 20,000 square feet, minimum.
B.
Lot width shall be 100 feet, minimum.
C.
The lot shall be improved with a building containing an office, display room and appurtenant facilities having an area of not less than 1,000 square feet.
D.
Access shall be via an arterial or collector street as designated in the Borough's Thoroughfare Classification Plan.
§ 27-632 Motel; Hotel; Residential Hotel.
[Ord. 8811-14, 11/18/1988, § 215-68]
1.
In the C 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 Thoroughfare Classification Plan.
B.
Public water and public sewer approved by the Pennsylvania Department of Environmental Protection must be utilized.
C.
All structures shall be set back at least 20 feet from the side property lines.
§ 27-633 Multi-Family Dwelling.
[Ord. 8811-14, 11/18/1988, § 215-69]
1.
In the R-T, C, or I Zones and subject to the requirements of the zone in which located, except as herein modified and provided, in the case of a multi-family dwelling where individual 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:
A.
Lot area shall be 1/2 acre, minimum.
B.
Lot width shall be 100 feet, minimum.
C.
Height shall be three stories maximum, except in the C Zone where the height limit may be increased, provided that the following stipulations are satisfied:
D.
Setbacks. A minimum front setback of 25 feet and a rear setback of 40 feet shall be provided for each dwelling unit.
E.
Density. A minimum of 2,500 square feet of the lot area shall be provided for each dwelling unit.
F.
Paved Area. Not more than 25% of the lot area shall be paved with an impervious surface (e.g., driveways, parking areas, walkways).
G.
Public sewer and public water approved by the Pennsylvania Department of Environmental Protection must be utilized.
H.
Distance Between Buildings. Where two or more multi-family dwellings are located on a single lot or parcel, the minimum distance between principal buildings shall be 40 feet.
I.
All parking areas shall be located at least 10 feet from any property line or street line.
J.
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.
§ 27-634 Multi-Family or Two-Family Conversion.
[Ord. 8811-14, 11/18/1988, § 215-70; as amended by Ord. 981-1, 1/14/1998]
1.
In an R-T, C, or I 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 except for a building primarily used for other than exclusive residential use which is converted into a multi-family dwelling, in which case the density shall be a minimum of 125% of the habitable floor area for each dwelling unit within the floor area of such a building.
B.
Where an existing dwelling is converted to a multi-family or two-family dwelling, the character of the existing structure shall be maintained.
C.
Parking and all other applicable requirements of the chapter shall be met.
D.
The structure shall comply with all applicable rules and regulations including, but is not limited to, fire, health, safety, and building codes.
§ 27-635 Expansion or Alteration of Nonconforming Uses.
[Ord. 8811-14, 11/18/1988, § 215-71; as amended by Ord. 2000-06-3, 6/12/2000]
1.
In all zones, 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 or alterations 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.
§ 27-636 Park or Other Recreation Areas of a Nonprofit Nature.
[Ord. 8811-14, 11/18/1988, § 215-72]
1.
In the R-O, R-T, or I 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 Thoroughfare Classification Plan.
B.
Where permitted by special exception, the Zoning Hearing Board shall decide the appropriateness of the design of parking, lighting, and similar features of the proposed use and may establish conditions to minimize adverse impacts on adjacent properties.
[Amended by Ord. 2009-12-01, 12/14/2009]
§ 27-637 Personal Care Boarding Home.
[Ord. 8811-14, 11/18/1988, § 215-73; as amended by Ord. 9411-8, 11/9/1994]
1.
In the R-T or C Zones 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 Red Lion 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 sewer approved by the Pennsylvania Department of Environmental Protection must be utilized.
E.
At least one parking space for each two bedrooms or fraction thereof occupied by clients, plus one space for each nonresident employee on the largest shift. If the facility is managed by a live-in resident(s), then two additional spaces must be provided. Existing minor automobile garages and/or carports, at least nine feet by 18 feet, may be used as the required parking spaces for the live-in resident(s)/manager(s).
§ 27-638 Public Buildings and Facilities.
[Ord. 8811-14, 11/18/1988, § 215-74]
1.
In the R-O, R-T, and C Zones 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 Thoroughfare Classification Plan.
B.
Outdoor storage of materials shall be prohibited within the residential zone. Outdoor storage in the other zones shall be completely enclosed with a six-foot-high fence and screened from adjoining streets and properties.
C.
The storage of maintenance vehicles and related apparatus shall be within wholly enclosed buildings.
§ 27-639 Public or Semipublic Parking Lot.
[Ord. 8811-14, 11/18/1988, § 215-75; as amended by Ord. 2000-06-3, 6/12/2000; and by Ord. 2015-11-3, 11/9/2015]
1.
In all zones, and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Lot area shall be 10,000 square feet, minimum.
D.
Not more than 80% of the lot area may be covered with impervious material.
E.
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.
§ 27-640 Public Utility Buildings.
[Ord. 8811-14, 11/18/1988, § 215-76; as amended by Ord. 2000-06-3, 6/12/2000]
1.
In the BC, R-O, or R-T Zone, and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
The permitted building shall not include the storage of vehicles or equipment used in the maintenance of any utility and no equipment causing unreasonable noise, vibration, smoke, odor, or hazardous effect shall be installed.
B.
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.
C.
All buildings and structures shall be designed (to the extent possible) to have the exterior appearance of a residence.
D.
There shall be no specific minimum lot size; however, each lot shall provide front, side, and rear setbacks at least equal to the height of the structure and comply with the maximum lot coverage requirements of the zone in which located.
§ 27-641 Quarrying.
[Ord. 8811-14, 11/18/1988, § 215-77; as amended by Ord. 9711-6, 11/12/1997, § 215-77]
In the I Zone, and subject to the requirements of that zone and the regulations set forth in 52 P.S. § 1396.1 et seq., the Noncoal Mining and Conservation and Reclamation Act shall apply.
§ 27-642 Riding Academy.
[Ord. 8811-14, 11/18/1988, § 215-78]
1.
In the I Zone, and subject to the requirements of that zone, except as herein modified and provided:
A.
Lot area shall be five acres, minimum.
B.
Any structure used for the boarding of horses shall be set back at least 100 feet from all property lines; and all animals, except while exercising or pasturing, shall be confined to a building erected for that purpose.
C.
All stables shall be maintained to minimize odors.
D.
All outdoor training or show facilities or areas shall be set back 50 feet from all property lines.
E.
All outdoor training, show, riding, boarding, or pasture areas shall be enclosed by a minimum four-foot-high fence which shall be located at least 10 feet from all property lines.
F.
Adequate off-street parking shall be provided as determined by a review of the number of stalls and activities proposed.
G.
All animal wastes shall be properly stored and disposed of in a manner that will not create a public health hazard or nuisance.
§ 27-643 Rooming House; Boardinghouse.
[Ord. 8811-14, 11/18/1988, § 215-79]
1.
In the R-T or C 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 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; provided, however, that each room to be occupied for sleeping purposes by a single person shall contain at least 72 square feet of floor area and each room to be occupied by two or more persons shall contain at least 68 square feet of floor area per occupant.
B.
No facilities for cooking or dining shall be provided in individual rooms or suites.
C.
All rooming and boardinghouses shall comply with all applicable local regulations including, but is not limited to, fire, health, safety, and building codes.
§ 27-644 Sanitary Landfill.
[Ord. 8811-14, 11/18/1988, § 215-80]
1.
In the I Zone, and subject to the requirements of that zone, except as herein modified and provided:
A.
Such facility shall provide for the disposal only of municipal or residual solid waste as defined in the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, 35 P.S. § 6018.101 et seq., as amended, supplemented, or revised.
B.
No solid waste shall be deposited, either temporarily or permanently, within 200 feet of the property line of any adjoining property or within 200 feet of the right-of-way line of any public highway.
C.
No solid waste shall be deposited, either temporarily or permanently, within 500 feet of any dwelling, church, school, or any other building used for human occupancy.
D.
The perimeter of a solid waste disposal site shall be screen planted.
E.
Access shall be via an arterial or collector street as designated in the Borough's Thoroughfare Classification Plan.
F.
During such time as any excavation shall be open and used for the disposal of solid waste, the site of the excavation shall be enclosed with a chain link fence or other structure adequate to contain windblown litter and to secure the site against intrusion by unauthorized personnel.
G.
No use or occupancy permit shall be issued for a solid waste disposal facility until the operator shall have submitted to the Zoning Officer proof that the facility complies with the regulations of the Department of Environmental Protection and has been permitted, in writing, by said agency.
H.
No disposal of hazardous waste shall be permitted.
§ 27-645 Service Station or Convenience Store Dispensing Fuel.
[Ord. 8811-14, 11/18/1988, § 215-81]
1.
In the C or I Zone, and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Lot area shall be 12,000 square feet, minimum.
B.
Buildings must be set back at least 40 feet from the street line.
C.
Gasoline pumps and all service equipment must be set back at least 15 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.
E.
Except along access drives, a concrete curb eight inches in height must be placed along all street right-of-way lines.
F.
All lights must be diverted toward the facility or downward on the lot.
G.
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.
H.
At least 10% of the lot on which the facility is situated must be devoted to natural landscaping.
I.
All merchandise, except vending machines and oil racks, shall be displayed within a building.
§ 27-646 Shopping Center, Shopping Mall, or Shopping Plaza.
[Ord. 8811-14, 11/18/1988, § 215-82; as amended by Ord. 2000-06-3, 6/12/2000]
1.
In the BC, C, or I Zone, and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Lot area shall be one acre, minimum.
B.
Lot width shall be 150 feet, minimum.
C.
All buildings must be set back at least 25 feet from any property line and 50 feet from a street line.
D.
Parking must be provided at the minimum rate of 5.5 parking spaces for each 1,000 square feet or part thereof of gross leasable floor area of building.
E.
Access must be via an arterial or collector street as designated on the Borough's Thoroughfare Classification Plan.
F.
A buffer yard at least 20 feet wide must be provided on the site in all instances where the site adjoins a residential zone. The buffer yard shall be naturally landscaped, have no impervious cover, and shall not be used for building, parking, loading, or storage purposes.
§ 27-647 Tavern.
[Ord. 8811-14, 11/18/1988, § 215-83; as amended by Ord. 2000-06-3, 6/1/2000]
1.
In the BC or C 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 Thoroughfare Classification Plan.
B.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties from any adverse effects of the use or vehicular traffic. This includes, but is not limited to, fences, walls, plantings, and open spaces.
C.
The use shall not constitute a public or private nuisance.
D.
The use must be more than 300 feet from any church, hospital, charitable organization, school or public playground.
E.
The use must be more than 200 feet from any other facility licensed by the Pennsylvania Liquor Control Board.
F.
The use must be more than 500 feet from any R-O or R-T zoned neighborhood.
G.
The use shall meet all applicable state regulations.
§ 27-648 Truck or Motor Freight Terminal.
[Ord. 8811-14, 11/18/1988, § 215-84]
1.
In the I Zone and subject to the requirements of that zone, except as herein modified and provided:
§ 27-649 Wholesale Establishment.
[Ord. 8811-14, 11/18/1988, § 215-85]
1.
In the I 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 Thoroughfare Classification 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.
Vehicle loading and unloading is prohibited between 11:00 p.m. and 6:00 a.m.
D.
No outdoor storage of commodities is permitted.
§ 27-650 Group Child Day-Care Home.
[Ord. 8811-14, 11/18/1988, § 215-85.1; as added by Ord. 9712-7, 12/10/1997]
1.
In the R-O and R-T Zones and subject to the requirements of those zones, 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.
B.
The facility shall obtain approval of the facility from the Department of Labor and Industry and present proof of such approval to the Borough.
C.
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.
D.
Only one nonresident employee may be engaged on the premises at one time.
E.
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.
F.
Parking must be provided for the outside employee, and a loading/unloading zone in a site that is not on an arterial or collector street must be provided.
§ 27-651 Personal Care Assisted Living Facilities.
[Ord. 8811-14, 11/18/1988, § 215-85.2; as added by Ord. 987-3, 7/13/1998; as amended by Ord. 991-1, 1/11/1999; and by Ord. 996-8, 6/14/1999]
1.
In the R-T, R-O, C, and I Zones, and subject to the requirements of those zones, except as herein modified and provided, the following shall apply:
A.
The facility shall obtain a certificate of licensure from the Commonwealth of Pennsylvania.
B.
On-site staff must be available to assist residents on a twenty-four-hour basis.
C.
A common dining area and common kitchen facility shall be provided.
D.
A community activity room and recreation area shall be provided.
E.
Rooms utilized for sleeping by residents shall provide a minimum of 100 square feet of habitable floor space for the first occupant and at least 100 square feet of habitable floor space for each additional occupant, not to exceed three occupants per room.
F.
If in the Industrial Zone, this use shall be allowed only if it will utilize an existing building which is currently using or has previously used an industrial use but is now vacant. The applicant must provide the Board with specific evidence that the building is not desirable for other industrial uses permitted in the zone due to the obsolescence or other physical condition of the building.
G.
If the use is to be in an existing building, the dimensional requirements of the zone shall not be applicable unless the applicant plans dimensional alterations or additions to the exterior of the building.
H.
If the property to be utilized is divided by a zoning boundary, the required parking area may be permitted in a more restricted zoning district if the area within the more restricted zoning district is screened from any adjoining residential uses by a vegetative buffer or screen.
I.
In the R-O zone, the minimum lot area shall be three acres.
J.
In the R-T and R-O Zones, 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.
§ 27-652 Residential Reversion.
[Ord. 8811-14, 11/18/1988, § 215-85.3; as added by Ord. 2005-10-05, 10/10/2005]
1.
In the BC Zone, a building originally built and/or used as a single-family detached dwelling or single-family semidetached dwelling which was converted to a use permitted in the BC Zone or a lawful nonconforming use prior to the establishment of the BC Zone may be reverted to a single-family detached dwelling or single-family semidetached dwelling if the following criteria are met: