Scranton City Zoning Code
ARTICLE VI
Specific Criteria, Conditional Uses, and Special Exceptions
§ 445-38 Process for uses permitted by right.
Each use that is listed in the Table of Principal Use Regulations for each district and the Table of Accessory Use Regulations for each district in § 445-12 as permitted by right (notated with the letter 'P') shall comply with all applicable performance standards and supplementary regulations in this chapter. Applications for a zoning permit, a certificate of use and occupancy, and a building permit must be submitted to the Zoning Officer following the provisions and procedures found in § 445-74.
§ 445-39 Process for conditional uses.
A.
Applicability. Each use that is listed in the Table of Principal Use Regulations for each district and the Table of Accessory Use Regulations for each district in § 445-12 as permitted by conditional use (notated with the letter 'C') shall comply with the provisions of this Section, any applicable provisions for the corresponding use found in § 445-41 and all other applicable performance standards and supplementary regulations in this chapter. A conditional use permit shall only be granted when the minimum conditions set forth in § 445-41 for the specific conditional use have been met.
B.
Procedure.
(1)
An application form prescribed by the City shall be submitted by the applicant for a conditional use permit along with a fee in an amount as established from time to time by resolution of the Scranton City Council.
(2)
The applicant shall submit seven paper copies and one digital copy of the necessary documentation of the proposed conditional use to enable the review of such proposal by the City. The burden of submitting adequate data to allow for full evaluation of the proposal shall rest with the applicant. The applicant must demonstrate that the following conditions have been addressed to the maximum extent applicable:
(a)
That the proposed conditional use will not adversely affect the health, safety, or welfare of residents in the neighborhood or district in which the use is to be located;
(b)
That the proposed conditional use will not overburden existing public services, including water, sanitary sewer, public roads, storm drainage, or other public improvements;
(c)
That the proposed conditional use meets all other requirements for the zoning district in which the use is proposed;
(d)
That the proposed conditional use is in general conformity with the Scranton-Abingtons Planning Association Comprehensive Plan; and
(e)
That the proposed conditional use will not be detrimental to the use or development of or change the essential character of the neighborhood or district in which the use is proposed. The Scranton City Council shall consider, at a minimum, the impact of noise, dust, light, odor, and adequacy of parking.
(3)
If subdivision or land development approval is required for the proposed conditional use, the application for a conditional use permit and the application for the subdivision or land development may be processed concurrently, provided that all requirements for the separate applications are met.
(4)
The grant of approval of a conditional use permit shall not relieve the applicant from filing and having the City approve any zoning permit, building permit, certificate of use and occupancy, subdivision, land development, or site plan required by this chapter or any other City ordinance.
(5)
The Scranton City Council may attach such reasonable conditions and safeguards as necessary to implement the purpose and goals of this chapter and of the Scranton-Abingtons Planning Association Comprehensive Plan, except that any such conditions shall not be related to off-site transportation or road improvements, as prescribed by § 603(c)(2) of the Pennsylvania Municipalities Planning Code (MPC).
(6)
Public hearings.
(a)
Prior to granting approval or denying a conditional use application, the proposal shall be reviewed by the City of Scranton Planning Commission. The Planning Commission and City Engineer shall be given an opportunity to provide written recommendation to City Elected Body concerning whether to approve, conditionally approve, or deny the application.
(b)
A minimum of one public hearing shall be held by the City Elected Body at a regularly scheduled meeting within 60 days of the date that the applicant filed the conditional use application.
(c)
Notice of said public hearing shall be placed in the classified section of a newspaper of general local circulation once in each of two successive weeks, the first notice appearing not more than 30 days or less than seven days prior to the hearing and shall be conspicuously posted by the City at least one week prior to the date of the hearing at highly visible locations along the perimeter of the lot affected by the conditional use request. Written notice of the hearing shall also be sent by first-class mail to the owners of lots abutting the subject lot or within 300 linear feet of the subject lot and other recognized parties at least one week prior to the date of the hearing. Notices shall indicate the date, time, and place of the hearing, the particular nature of the matter to be considered, and the street address of the specific lot involved.
(d)
If a subsequent public hearing is required, the hearing shall be held within 45 days of the prior hearing.
(e)
The City Elected Body shall render a written decision, upon review by the Planning Commission, or when no decision is called for, make written findings on the conditional use request, within 45 days after the prior public hearing.
(f)
If the City Elected Body denies the conditional use application, the applicant may reapply for the same use no sooner than one year after the date of denial of the application or the date of denial of appeal to the Lackawanna County Court of Common Pleas.
C.
Duration of conditional use permit.
(1)
If a conditional use requires the processing of a subdivision or land development plan, then the grant of the conditional use permit shall expire if a zoning permit, building permit, certificate of use and occupancy, or grading permit is not obtained within 24 months from the date of the grant of the conditional use permit. However, the City Elected Body, in its discretion, may grant an extension of up to 12 additional months upon written request by the applicant prior to the conditional use permit's expiration.
(2)
If a subdivision or land development plan is not required, then the grant of the conditional use permit shall expire if a zoning permit, building permit, certificate of use and occupancy, or grading permit is not obtained within 12 months from the date of the grant of the conditional use permit. However, the City Elected Body, in its discretion, may grant an extension of up to 12 additional months upon written request by the applicant prior to the conditional use permit's expiration.
§ 445-40 Process for uses by special exception.
A.
Applicability. Each use that is listed in the Table of Principal Use Regulations for each district and the Table of Accessory Use Regulations for each district in § 445-12 as permitted by special exception (notated with the letters 'SE') shall comply with the provisions of this Section, any applicable provisions for the corresponding use found in § 445-41, and all other applicable performance standards and supplementary regulations in this chapter. A special exception permit shall only be granted when the minimum conditions set forth in § 445-41 for the specific use by special exception have been met.
B.
Procedure. Applicants seeking to obtain approval for a use by special exception shall follow the process described in § 445-70 of this chapter.
C.
Conditions for approval.
(1)
In addition to the minimum conditions contained in § 445-41 for each use by special exception, the use shall meet the following additional requirements:
(a)
The Zoning Hearing Board shall find that the proposed use by special exception will not adversely affect the health, safety, or welfare of residents in the neighborhood or district in which the use is to be located.
(b)
The Zoning Hearing Board shall find that the proposed use by special exception will not overburden existing public services, including water, sanitary sewer, public roads, storm drainage, or other public improvements.
(c)
The Zoning Hearing Board shall find that the proposed use by special exception meets all other requirements for the zoning district in which the use is proposed.
(d)
The Zoning Hearing Board shall find that the proposed use by special exception is in general conformity with the Scranton-Abingtons Planning Association Comprehensive Plan.
(e)
The Zoning Hearing Board shall find that the proposed use by special exception will not be detrimental to the use or development of or change the essential character of the neighborhood or district in which the use is proposed. The Zoning Hearing Board shall consider, at a minimum, the impact of noise, dust, light, odor, and adequacy of parking.
(2)
In granting a use by special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the policy, goals, and community development objectives of this chapter.
§ 445-41 Specific regulations for conditional uses and uses by special exception.
A.
Airport.
(1)
Maximum height permitted. The maximum permitted height of a proposed building, structure, object, or alteration of land shall be equivalent to the vertical height from the ground surface to the slope of the relevant approach zone as calculated below, or the maximum permitted height in the underlying zoning district, whichever is lower.
(2)
Visual Utility Runway Approach Zone - slopes 20 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
(3)
Nonprecision Instrument Utility Runway Approach Zone - slopes 20 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
(4)
Visual Larger-Than-Utility Runway Approach Zone - slopes 20 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
(5)
Nonprecision Instrument Larger-Than-Utility Runway with a Visibility Minimum Greater than 3/4 Mile Approach Zone - slopes 34 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.
(6)
Nonprecision Instrument Larger-Than-Utility Runway with a Visibility Minimum As Low As 3/4 Mile Approach Zone - slopes 34 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.
(7)
Precision Instrument Runway Approach Zone - slopes 50 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizontally for each one foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.
(8)
Heliport Approach Zone - slopes eight feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a distance of 4,000 feet along the heliport approach zone centerline.
(9)
Transitional Zones - slopes seven feet outward for each one foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation (961.7 feet above mean sea level, in the case of Wilkes-Barre/Scranton International Airport). In addition to the foregoing, there are established height limits sloping seven feet outward for each one foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface.
(10)
Heliport Transitional Zones - slope two feet outward for each one foot upward beginning at the sides of and at the same elevation as the primary surface and the heliport approach zones and extending a distance of 250 feet measured horizontally from and at 90° angles to the primary surface centerline and heliport approach zone centerline.
(11)
Horizontal Zone - established at 150 feet above the airport elevation (961.7 feet above mean sea level, in the case of Wilkes-Barre/Scranton International Airport).
(12)
Conical Zone - slopes 20 feet outward for each one foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation (961.7 feet above mean sea level, in the case of Wilkes-Barre/Scranton International Airport) and extending to a height of 350 feet above the airport elevation.
(13)
Other use restrictions. Notwithstanding any other provisions of this chapter, no use shall be made of land or water in such a manner as to create electrical interference with navigational signals or radio communications between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise endanger or interfere with the landing, takeoff, or maneuvering of aircraft.
B.
Amusement park.
(1)
A minimum of 15% of the parking lot consisting of more than 50 parking spaces shall be maintained as a landscaped area, with at least one canopy tree measuring two-inch caliper at six inches above the root collar provided for each eight parking spaces or portion thereof.
(2)
Landscaped front, side, and rear (when adjacent to a street or alley) yard areas within 10 feet of the parking lot may be included in this calculation so long as a minimum of 8% of the landscape area is located in the interior of the parking lot. Canopy trees along the perimeter shall be spaced evenly to the greatest extent possible, however, canopy trees must be included in the interior landscaping as well.
(3)
Access drives which fall within the minimum yard area must be landscaped in accordance with the following:
(4)
The landscape planting shall be placed so that at maturity it shall not be closer than three feet from any public street or property line.
(5)
The landscape planting shall consist of a mix annual and perennial materials.
(6)
The landscaping may be a combination of earth berms, vegetation, and fencing.
(7)
New parking lot landscaping shall consist of peripheral landscaping having a minimum width of eight feet along a minimum of 50% of the periphery of the parking lot, which shall contain vegetative screening, including trees planted in number which would equal one tree per 100 feet, but not necessarily placed 100 feet on center, shrubs, perennials, grasses, ground cover, and annuals. Vegetation planted in this landscaping zone shall be chosen to grow to a height of not less than 2 1/2 feet.
C.
Bank or financial institution.
(1)
The City shall require the landowner and/or developer to prepare and submit a traffic impact analysis of the proposed development.
(2)
The ground of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
(3)
Side and rear buffer areas shall be maintained in accordance with this chapter.
(4)
Paved off-street stacking spaces shall be arranged in an orderly fashion so as not to cause blockage of any means of ingress or egress and to ensure that the traffic flow on public rights-of-way is not endangered in any way. A separate means of ingress shall be established and clearly marked as shall be a separate means of egress from the bank. Should any traffic congestion occur in the public right-of-way, it shall be the responsibility of the owner to direct traffic away from the facility by posting a "Temporarily Closed" sign or other means. The City may require any traffic studies and associated improvements as a condition of approval.
(5)
Financial institution with drive-thru.
(a)
No drive-thru window, customer automated teller machine (ATM), or the like shall be located in a front yard.
(b)
The drive-thru shall have direct access to a public right-of-way.
(c)
A minimum of three stacking spaces shall be provided for each drive-thru lane.
(d)
Stacking shall not interfere with the normal traffic flow within the lot nor shall it cause the stopping of vehicles on any public right-of way.
D.
Betting use.
F.
Boarding house.
(1)
Minimum lot area: 10,000 square feet.
(2)
Minimum setbacks: 15 feet each side yard and 40 feet rear yard.
(3)
Minimum lot width: 80 feet.
(4)
Each sleeping room shall be limited to two adults each, with a maximum of three persons of any age per sleeping room.
(5)
A ten-foot-wide buffer yard with screening complying with this chapter shall be provided between any boarding house and any abutting single-family detached dwelling that is within 100 feet of the boarding house building.
(6)
Each rental unit shall include a minimum of 120 square feet of habitable interior floor space if occupied by one person and a minimum of 190 square feet of such space if occupied by two or three persons.
(7)
Maximum number of residents: 40 in an INST district and 80 in any other permitted district.
(8)
Signs shall be limited to one wall sign with a maximum of two square feet per side and a maximum height of six feet.
(9)
Rooms shall be rented for a minimum period of five consecutive days.
(10)
A minimum of one full bathroom shall be provided for every four rental units.
G.
Brew pub.
(1)
A pub shall comply with the minimum distance separation requirements as defined by the Pennsylvania State Liquor Control Board (PA LCB).
(2)
The owner(s) and operator(s) of a tavern/bar/pub shall be responsible for the conduct and safety of the patrons and shall be available to respond to inquiries and promptly quell any disturbances caused by the patrons.
I.
Bulk fuel storage facility.
(1)
An Emergency Response Plan should be submitted annually for approval by the Fire Chief.
J.
Cemetery.
(1)
Minimum lot area for any cemetery approved after the adoption of this chapter - two acres; Maximum lot area for any cemetery approved after the adoption of this chapter - 10 acres.
(2)
A crematorium, where permitted, shall be setback a minimum of 250 feet from all residential lot lines. Such use shall require special exception approval.
(3)
All structures and graves shall be setback a minimum of 15 feet from the lot line of a residential lot line or the existing right-of-way of any public street and eight feet from the cartway of an internal private driveway.
(4)
No grave sites shall be located within the 100-year floodplain.
(5)
The applicant shall provide evidence that proves to the satisfaction of the Zoning Officer, based upon a review by the Planning Commission and the City Solicitor, that there will be an appropriate financial system to ensure perpetual maintenance of the land.
K.
Cluster residential development.
(1)
The overall site shall be a minimum of 10 acres.
(2)
There shall be 50% of the site reserved for Open Space.
(3)
If any environmentally sensitive areas exist on the site, the use shall be considered Conservation Residential. Refer to Conservation Residential for specific conditions.
(4)
Open Space may contain both passive and active recreation.
(5)
All housing units shall be single family detached with a minimum lot size of one acre.
(6)
All dwelling units shall be provided common access to Open Space.
(7)
A master plan and traffic study shall be submitted along with the application.
(8)
All facilities shall be connected to public sewer.
(9)
A stormwater management plan shall be submitted along with the application.
L.
College or university.
(1)
Residents shall be limited to students, faculty, or staff of an accredited college, university, trade school, nursing school, medical training program or teaching hospital.
(2)
The building shall be a minimum of 80 feet from any existing single family detached dwelling or single family semi-detached (twin) dwelling that is not owned by the institution providing such dormitory.
M.
Commercial recreation facility, indoor and outdoor.
(1)
To protect the surrounding uses from detrimental noise, dust and other disturbances, screening and buffering of parking areas and outdoor common spaces equivalent to 120% of the base zoning standard must be provided along any respective lot line shared with a residential use.
(2)
If the parking area is adjacent to a residential use or any parking areas contain more than 10 automobiles, the following shall apply:
(a)
An additional ten-foot setback for the respective lot line shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential development.
[1]
One and one-half times the required number of plants for screening and buffering off-street parking and loading areas; or
[2]
A berm shall be installed along the parking area proposed adjacent to the lot line shared with the residential use, a minimum of 3.5 feet in height at its peak, and the sides do not exceed a four-foot horizontal to one-foot vertical change in elevation. The berm shall be landscaped with plants that provide four seasons of vegetated cover, not including turf grass.
(3)
Any activity not included within a fully enclosed structure shall have hours of operation limited to 7:00 a.m. to 9:00 p.m. Monday through Saturday.
(4)
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of zero footcandles. Outdoor lights shall not exceed 18 feet in height.
N.
Commercial recreation facility, large-scale/intensive.
(1)
Primary or accessory uses that are not enclosed shall have hours of operation limited to 7:00 a.m. to 9:00 p.m. Monday through Saturday; exceptions may be made for organized activities that are held in outdoor areas with approved lighting.
(3)
Buffering of any accessory use within the boundary of the site shall not be required; however, landscaping shall be used to delineate the boundaries of the site from adjacent uses in separate ownership and all landscaping required within parking areas shall be provided.
(4)
All signs, other than directional signage shall be located on site. The use of temporary event signage must be approved by the Zoning Administrator:
(a)
Any requests for on-site signage beyond that which identifies the principal use of the site or any that is approved as part of the land development plan shall be considered for approval at the sole discretion of City Council. Such consideration may include a review of size, location, material, and illumination.
(5)
Any other conditions that the Board determines are necessary to address the impacts associated with the specific use or the specific site.
O.
Community center or library.
(1)
A traffic study shall complete to affirm the scale of any necessary improvements for safety or circulation to the adjacent right-of-way.
P.
Convenience store.
(1)
If gasoline/fuel and/or energy recharge units are provided, they shall be located to the side and or rear to the principal structure on the lot.
Q.
Conservation residential.
(1)
The overall site shall be a minimum of 10 acres.
(2)
There shall be 50% of the site reserved for conservation.
(3)
If any of the following environmentally sensitive natural resources exist on the site, they must be incorporated within the above percentage of conserved land.
(4)
Applicants are responsible for contacting or referencing all sources, listed below or otherwise, to obtain information related to the assessment of existing natural and cultural resources.
(5)
Conserved areas may contain passive recreation, with construction limited to unpaved pedestrian paths and bridges.
(6)
All housing units shall be single family detached with a minimum lot size of one acre.
(7)
A master plan and traffic study shall be submitted along with the application.
(8)
All facilities shall be connected to public sewer.
(9)
A stormwater management plan shall be submitted along with the application.
R.
Conversion residential.
(1)
All parking spaces provided on the lot shall be paved in asphalt, concrete or decorative paving block and shall meet the parking requirements provided in the Ordinance. One new space shall be required for each new dwelling unit created in addition to any existing parking spaces.
(2)
Each dwelling unit shall have a minimum floor area with rooms that meet or exceeds the IRC International Building Code 2018 minimum room standards and contains at least one room of 120 square feet and one bathroom of at least 70 square feet.
(a)
All such floor area shall have a floor-to-ceiling height clearance of at least six feet eight inches that not unobstructed by pipes, ducts, joists, or other intrusions;
(b)
All such floor area shall be heated and completely enclosed;
(c)
A minimum of 50% of the floor surface of such required floor area shall be located above the average surrounding ground level.
(3)
Each dwelling unit shall have at least one window that opens to the outside.
(4)
The use shall comply with the Pennsylvania Sewage Facilities Act, as amended and State and local fire safety regulations.
(5)
A total maximum over the lifetime of the property of no more than one dwelling units may be added to any existing single family detached dwelling, single family semi-detached dwelling, two family detached dwelling or townhouse beyond the number of dwelling units that existed in such building at the time of adoption of this chapter.
(6)
The following regulations shall apply to the conversion of an existing single-family detached dwelling into a greater number of dwelling units:
(a)
The building shall maintain the appearance of a single-family detached dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance.
(7)
The conversion shall not be permitted if it would require the placement of an exterior stairway on the front of the building. Separate cooking and sanitary facilities shall be provided for each dwelling unit.
(8)
Off-street parking lots with four or more spaces shall be buffered from abutting dwellings by evergreen screening meeting the requirements of this chapter.
T.
Cultural center or museum.
(1)
A traffic study shall be completed to affirm the scale of any necessary improvements for safety or circulation to the adjacent right-of-way.
U.
Day care center, child.
(1)
The use shall comply with any applicable county, state, and federal regulations, including having an appropriate PA. Department of Public Welfare registration certificate or license.
(2)
Convenient parking spaces in accordance with this chapter shall be provided for persons delivering and waiting for children.
(3)
In residential districts, where permitted as a principal use, shall have a minimum lot area of 6,000 square feet and a minimum setback of five feet from an abutting residential lot line.
(4)
Any area routinely used for outdoor play by children under the age of 12 shall be surrounded by a secure fence with a minimum height of four feet.
(5)
Outside play areas in Residential Districts shall be limited to use between 7:30 a.m. and 9:00 p.m. if located within 100 feet of an abutting dwelling.
(6)
Outdoor play areas of a day care center involving the care of 20 or more children at any one time shall be setback a minimum of 10 feet from windows or doors of an abutting existing occupied dwelling.
(7)
In residential districts, any permitted day care center shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.
(8)
A day care center may occur in a building that also includes permitted or non-conforming dwelling units.
V.
Drug store/pharmacy.
(1)
No drive-through window or the like shall be located in a front yard. No drive-through windows are permitted in the City Downtown Mixed Use District.
(2)
The drive-through shall have direct access to a public right-of-way.
(3)
A minimum of five stacking spaces shall be provided for each drive-through lane.
(4)
Stacking shall not interfere with the normal traffic flow within the lot nor shall it cause the stopping of vehicles on any public right-of-way.
W.
Dwelling: accessory structure.
(1)
In addition to off-street parking requirements for the principal use, each accessory dwelling unit will require one off-street parking space.
X.
Dwelling: single-family detached.
(1)
The use shall only occur within a structure existing on a lot prior to the date of the submission of the special exception application for H-C Districts.
Y.
Emergency services.
(1)
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.
(2)
Ingress and egress from the site shall be designed so as to maximize sight distance along the adjacent public streets and enhance safety for vehicles exiting the site, as well as those traveling on the streets.
(3)
Buildings shall be located so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow on or blocking any public street.
(4)
If a fire service building includes a rental hall or banquet facilities, the following criteria shall be met:
(a)
Any rental of the facility to non-members shall require on-site management and/or security personnel during the event.
(b)
Off-street parking for the facility or rental hall shall be provided in accordance with the requirements of this chapter for eating and drinking establishments.
(c)
Activities on the site and within the building shall comply with the noise standards specified in this chapter.
(d)
If entertainment is presented, doors and windows shall remain closed during any entertainment involving a speaker system and/or amplification.
(e)
Parking areas adjoining residential lots shall be screened as described in the Ordinance.
Z.
Equestrian farm.
(1)
There shall be no other activities or events other than the keeping and training of horses.
(2)
The facility shall be a minimum of 10 acres and shall be subject to the City's standard Land Development application.
(3)
All areas used for exercise shall be securely fenced.
(4)
All structures with the purpose of housing animals shall be a minimum of 150 feet from any property line.
(5)
Animals shall be permitted to exercise daily between the hours of 8:00 a.m. to 8:00 p.m. All outdoor exercise areas shall be 200 feet from any property line and screened.
(6)
Satisfactory evidence must be presented to indicate that adequate storage and disposal of animal waste will be provided in a manner that will not create a public health hazard or nuisance.
(7)
Evidence of adequate water supply and wastewater disposal must be provided by the applicant.
AA.
Farm cafe.
(1)
Circulation and lot access shall be designed to minimize conflict with typical traffic conditions of adjacent right-of-way.
(2)
The total gross floor area specific to the farm cafe use shall not exceed 2,500 square feet. This provision shall apply to the entirety of the farm cafe in the case of a freestanding structure or, in the case of an attached structure, the portion of the structure that shall be used for the farm cafe.
(3)
The minimum lot size shall be the same as the minimum lot size for the principal use of the property with the exception of nonconforming lots. In the case of nonconforming lots, the minimum lot size shall be the size of the lot, provided the other requirements of this section can be met.
(4)
No structure within the facility shall exceed 40 feet in height.
(5)
To reduce traffic impacts, only on-site and take-out is permitted. No drive-through service is permitted.
(6)
Outdoor lighting shall be permitted in accordance with this chapter.
(a)
No event lighting or loudspeaker system is permitted to be installed or used on the site.
(7)
Front, side, and rear setbacks shall be a minimum of 50 feet.
(8)
Signage shall be permitted in accordance with this chapter.
(9)
Adequate parking to accommodate the use shall be provided on-site according to the parking standards for eating and drinking establishments. A parking study submitted for review by the City may suffice as justification for a number of parking spaces smaller than the City's Ordinance requirements.
(10)
Retail sales shall be limited to agricultural products produced in whole or in part within Region 3 as defined by the Pennsylvania Department of Agriculture including, but not limited to, canned or jarred fruits and vegetables and frozen meats. Retail sales shall only be permitted under this section in conjunction with an eating establishment that is provided in accordance with the definition of farm cafe.
(11)
The farm associated with the farm cafe must be an active agriculture operation, as defined by this chapter, as the purpose of the farm cafe is to serve primarily local and regional foods in support of sustaining local agriculture.
(12)
The farm cafe special exception need not be subordinate to the agriculture operation in terms utilized.
(13)
All sites with an on-site septic system must be inspected to assure compliance with the Pennsylvania Sewage Facilities Act 537, as amended.
(14)
All applications for a farm cafe special exception shall be accompanied by a land development plan prepared in accordance with the provisions of the City's Subdivision and Land Development Ordinance.
CC.
Galleries.
(1)
Off-Street Parking shall be provided in addition to the principal use at a rate of one space per 200 square feet gross floor area.
DD.
Gasoline service station.
(1)
In order to ensure pedestrian safety, access and circulation for both customers and deliveries/loading shall be posted on the lot.
(2)
Loading areas/docks shall be screened with either landscaping or fencing from neighboring uses.
(3)
One additional tree per fuel pump/recharge unit shall be planted on the lot.
(4)
Lighting associated with any canopy constructed on the lot shall be installed as internal illumination of the canopy only.
(5)
To minimize conflicts between food/beverage items, animals and the natural elements, the storage of palettes and other loading-related equipment/materials shall be contained within an enclosed and covered structure.
(6)
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(7)
Building and parking setbacks shall be consistent with the existing building and parking setbacks of adjoining lots.
(8)
Buffering of parking and loading areas shall be provided in accordance with this chapter.
(9)
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of zero footcandles.
(10)
A traffic impact study shall be required to be submitted where the proposed development, according to the institute of Transportation Engineers (ITE) standards, will generate 100 trips in addition to the adjacent roadways' peak hour volumes.
EE.
Group home.
(1)
Supervision. There shall be adequate supervision as needed by an adequate number of person(s) trained in the field for which the group home is intended.
(2)
Certification. The use shall be licensed or certified under an applicable State, County or Federal program for group housing, if applicable. A copy of any such license or certification shall be filed with the City and shall be required to be shown to the Zoning Officer in the future upon request. The group home shall notify the City within 14 days if there is a change in the type of clients, the sponsoring agency, the maximum number of residents or if an applicable certification/license expires, is suspended or is withdrawn.
(3)
Registration. The group home shall register its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer. Such information shall be available for public review upon request.
(4)
Counseling. Any medical or counselling services provided on the lot shall be limited to residents and a maximum of three nonresidents per day.
(5)
Parking. One off-street parking space shall be provided for each employee on duty at any one time, and every two residents of a type reasonably expected to be capable of driving a vehicle. Off-street parking areas of more than five spaces shall be buffered from adjacent existing single-family dwellings by a planting screen meeting the requirements of this chapter.
(6)
Appearance. If the group home is within a residential district, the building shall be maintained and/or constructed to ensure that it is closely similar in appearance, condition, and character to the other residential structures in the area. No exterior signs shall identify the type of use.
(7)
The following maximum number of persons shall reside in a group home, including the maximum number of employees/supervisors and/or care providers routinely in the group home at any point in time:
(8)
Employees of the group home shall be prohibited from having visitors on the premises, except for visitation necessary for the operation of the group home and except for emergencies.
GG.
Heliport.
(1)
Minimum lot area shall be three acres for heliports and helistops.
(a)
The applicant shall submit evidence confirming that the facility will be constructed, operated, and maintained in accordance with applicable rules and regulations of the Federal Aviation Administration and the Pennsylvania Department of Transportation, Bureau of Aviation related to the use of airports, heliports, or helistops.
(b)
No part of the take-off/landing strip and/or pad shall be located within 300 from any property line.
(c)
All facilities shall not be detrimental to the health, welfare and safety of City residents and their property.
(2)
In addition to the requirements in this chapter, heliports and helistops shall meet the requirements stated below.
(a)
The landing pad shall be at least 80 feet square or a circle with an eighty-foot diameter. This pad shall be paved, level and maintained dirt free. Rooftop pads shall be free of all loose stone and aggregate.
(b)
At least two approach lanes to each landing pad shall be provided and maintained free of obstructions and shall be located not less than 90° apart. Each approach lane shall be located within 45° left or right of the prevailing winds and shall fan out at an angle of 10° from the width of the landing pad to a width of 1,000 feet; and shall have a glide angle slope of 8° to 1° measured from the outer edge of the pad.
(c)
An application for a helistop or heliport on a roof or similar above ground structure shall be accompanied by a registered engineer certification that the loads imposed by a helicopter will be supported by the structure.
(d)
The helistop and heliports shall be used only for personal or executive use by a firm or individual.
(e)
No helicopter over 6,000 pounds gross weight shall use any helistop.
(f)
The application shall include at a minimum, the following:
[1]
A copy of the Federal Aviation Administration Form 7480-1, "Notice of Land Area Proposal."
[2]
A copy of the letter of "No Objections" from the Federal Aviation Administration;
[3]
A copy of the Commonwealth of Pennsylvania Application for Approval of a Land Site, AV-4, and necessary supplemental information or equivalent and the letter of site approval from the Pennsylvania Department of Transportation, Bureau of Aviation; and
[4]
An aerial photograph or drawing, either of which shall be at a scale no less than one inch equals 200 feet, indicating the approach and departure routes, the location of all residents, schools, churches, hospitals, and areas used for the open assembly of people, as well as other noise sensitive areas within the radius of 1/2 mile of the proposed helistop or heliport sites.
(3)
In addition to the requirements in this chapter, heliports shall meet the requirements stated below.
(a)
Heliports shall be located a minimum of 1,000 feet from any dwelling unit.
(b)
The applicant shall submit a land development plan for review and approval by the City.
(c)
Heliports shall meet all requirements of the Zoning Ordinance for the district of its proposed location.
(d)
The proposed site shall be fenced with a minimum height of four feet with at least two openings, except those located on the rooftops. The fence shall be located so as not to obstruct the glide angle of the helicopter using the heliport.
(e)
The proposed heliport shall not adversely affect the health and safety of the citizens both in and surrounding Scranton City.
(f)
The applicant shall be and remain in full compliance with those guidelines and regulations for helistops and heliports or similar facilities as outlined in the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Aviation, Title 67, regulations relating to Pennsylvania Aviation, as amended.
(4)
In reviewing any application for an airport, heliport or helistop, the Zoning Hearing Board may impose the following conditions on such uses:
HH.
Hospital.
(1)
Minimum total area of all lots: 30,000 square feet.
(2)
A hospital may also include the treatment for drug and alcohol addiction as a clearly accessory use, provided that the use is included completely within a general medical hospital building.
(3)
A hospital may also include in-patient and out-patient mental health facilities, provided that the use does not primarily include the housing or treatment of the criminally insane or persons committed to such institution as a result of having been charged with a violent felony. Any in-patient mental health facilities shall be located completely within a general medical hospital building, unless such building is located a minimum of 200 feet from any residential lot line.
(4)
This use may also include any of the following additional principal or accessory uses:
(a)
Medical research facilities and training/education facilities for health care professions;
(b)
Short and long-term medical care;
(c)
Management and administrative offices for health care organizations;
(d)
Hospice facilities;
(e)
Medical testing facilities;
(f)
Operating rooms and emergency facilities;
(g)
Medical and dental offices and clinics for treatment;
(h)
A nursing home or personal care center; and/or
(i)
Ambulatory Surgery center.
II.
Junkyard.
(1)
Storage of garbage or biodegradable waste is prohibited, other than what is customarily generated on-site and routinely awaiting pick-up.
(2)
Outdoor storage of junk shall be a minimum of:
(a)
One hundred feet from any residential lot line for any junkyard or portion thereof approved after the adoption of this chapter;
(b)
Sixty feet from any residential lot line for any portion of a junkyard existing or approved prior to the adoption of this chapter; and
(c)
Thirty feet from any other lot line or from the existing right-of-way of any public street.
(3)
The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared driveways shall be provided throughout the entire use to allow access by emergency vehicles. Adequate designated off-street parking spaces shall be provided for customers.
(4)
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a ten-foot-wide buffer yard which complies with this chapter, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be four feet.
(5)
Fencing.
(a)
Secure weather-treated wood, plastic-coated chain link or chain link metal fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas of a junkyard. Fences shall not be constructed of solid metal, junk vehicles, unregistered vehicles or "junk." Fences shall be constructed of uniform materials and generally be of uniform height, except where variations in height may be needed to prevent unauthorized access from certain sloped areas. And shall meet any and fencing requirements found else ware in this chapter.
(b)
Fencing shall be placed inside of any evergreen screening.
(c)
Sufficient gates shall be provided in the fence only for necessary vehicle entry and exit and for emergency access. All such gates shall be kept securely closed when the junkyard is not open for business.
(d)
To control the entry of children into the junkyard as an "attractive nuisance" and to control the exit of rats from the facility and to control offensive odors and to buffer noise and to avoid negative effects on property values of adjacent properties, all existing junkyards and auto salvage yards shall be required to meet this requirement for fencing as stated in this chapter within 24 months of the adoption of this chapter.
(6)
Burning or incineration of vehicles or junk is prohibited. The use shall not include the OUIK storage of explosive or flammable materials. The use shall fully comply with the City Fire Protection Code.
(7)
All gasoline, coolant and oil shall be drained from all vehicles and properly disposed of. All such substances shall not be stored on-site for more than 90 days and shall be properly labeled. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious, properly drained surface.
(8)
Lot area: two acres minimum; 20 acres maximum.
(9)
Any material stored on-site that may attract rodents or insects or noxious odors or create fire hazards shall be stored within enclosed containers and be removed from the site and properly disposed of within 90 days.
(10)
No junk or junk vehicles shall be stacked or stored in such a way that it results in a height greater than 35 feet above the surrounding ground level.
JJ.
Kennels.
(1)
All buildings in which animals are housed and all runs shall be located at least 150 feet from all residential lot lines and all lot lines of a hotel/motel and 30 feet from all other lot lines.
(2)
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent dwelling.
(3)
No animal shall be permitted to use outdoor runs from 8:00 p.m. to 8:00 a.m. that are within 300 feet of an existing dwelling. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking.
(4)
See State law regulating kennels.
(5)
A kennel may be used for breeding.
(6)
Minimum lot area: one acre.
(7)
An evergreen screen meeting the requirements of this chapter shall be required between any outdoor animal runs and any residential lot line.
(8)
The use shall be maintained in a sanitary manner to avoid noxious odors to other properties. No incineration of refuse shall be permitted on-site.
KK.
Manufacturing, light.
(1)
All materials and equipment shall be stored within a completely enclosed building.
(2)
The use shall comply with all performance standards specified in this chapter.
(3)
The storage or manufacture of hazardous or potentially hazardous materials shall not be permitted.
(4)
Any outdoor storage conducted on the lot shall comply with City standards.
(5)
Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
(6)
An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemical, liquids, gases, or solids stored and/or used on site shall be available upon request.
LL.
Nightclub.
(1)
Nightclubs shall cease operations between the hours of 2:00 a.m. and 5:00 a.m.
(2)
There shall be no noise or vibration discernible along any property line greater than the average noise level occurring on adjacent streets and properties.
(3)
All operations shall be conducted within a completely enclosed building, and doors and windows shall remain closed during hours when entertainment is presented.
(4)
The owner/operator of the nightclub shall provide private security, licensed under the laws of the Commonwealth of Pennsylvania, if the maximum permitted occupancy allowed by the City building or Fire Codes for the nightclub exceeds 100 persons.
(5)
Any nightclub that proposes a maximum permitted occupancy allowed by the building or Fire Codes of 200 or more persons shall be located at least 500 feet from any property line that adjoins a residential zoning classification.
MM.
Office, business or professional.
(1)
Off-street parking shall be provided in accordance with the provisions of this chapter.
(2)
Buffering of parking and loading areas shall be provided in accordance with this chapter.
(3)
A Delivery Zone Plan acceptable to the City Engineer shall be submitted to demonstrate adequate delivery and associated circulation areas do not conflict with existing City development and circulation patterns.
OO.
Public parking.
(1)
The parking lot shall not be used for parking of heavy construction equipment, for vehicle repairs or for sales.
(2)
Public Parking surface lots and off-street parking spaces are not permitted in the City Downtown Mixed Use Zone. Parking garages are an allowed use in the D District.
(3)
All lighting and glare standards shall meet the requirements set forth in this chapter.
(4)
All buffer yard and planting strip shall meet the requirements set forth in this chapter.
(5)
A parking area of more than six parking spaces to serve a principal business use that would be located within a residential district abutting existing dwellings shall not be approved if it would routinely require the movement of vehicles between 12:00 a.m. and 6:00 a.m.
PP.
Raising of livestock, small-scale.
(1)
Lot size and density restrictions.
(2)
Manure management:
(a)
Keeping of Livestock must comply with the Pennsylvania Nutrient Management Regulations, Pa. Code Title 25, Chapter 83, as required by the Department of Environmental Protection.
(3)
Animal care:
(a)
All Keeping of Livestock must comply with minimum standards of animal care as required by Pennsylvania law, Pa. Code Title 18, regarding animal cruelty provisions.
(b)
An animal housing facility shall be provided as a shelter for the animal(s). The structure shall incorporate no less than three walls and a sufficient roof area to provide a weather proof shelter.
(c)
Animal housing facilities shall be of sufficient size to enable the animal to comfortably stand, turn around and lay down.
(d)
Animal housing facilities shall be ventilated to avoid respiratory disease and infections, control ambient temperature, and prevent accumulation of toxic gases.
(4)
General requirements.
(a)
The disposal of dead animals shall be in accordance with the Domestic Animal Law, Pa. Code Title 3, Chapter 23, subsection 2352. Dead animals shall be disposed of within 48 hours after death.
(5)
Beekeeping. Honeybee apiaries are permitted by right as an accessory use in CONS Districts when in compliance with the Pennsylvania Bee Law (3 Pa. C.S.A. § 2101-§ 2117) and, subject to the following regulations:
(a)
Best management practices. Beekeeping facilities must be consistent with the Pennsylvania Department of Agriculture "Best Management Practices for Maintaining European Honey Bee colonies in the Commonwealth of Pennsylvania."
(b)
Registration. The apiary must be properly registered with the Pennsylvania Department of Agriculture, Bureau of Plant Industry, pursuant to applicable Pennsylvania state laws.
(c)
Ownership and care. Ownership, care and control of the honey bees shall be responsibility of a resident of the dwelling on the lot or the individual listed on the registration.
(6)
Permitting process. Applicants proposing the non-commercial keeping of livestock and/or beekeeping must submit a zoning permit application identifying the following:
(a)
An application fee payable to the City in the amount posted on the fee schedule. This amount may be amended by resolution adopted by a majority of City Council.
(b)
Property address, name and contact information of applicant.
(c)
Description of the proposed animals and activities on the property.
(d)
Location and area of proposed livestock enclosures.
(e)
Location and height of proposed livestock structures including sheds, containers, animal housing, coops, hives, apiaries, flyway barriers, manure storage facilities, landscaping, and fencing.
(f)
Distance between structures/activities and neighboring properties.
(g)
Verification that the applicant is familiar with the requirements set forth in this chapter.
QQ.
Recreation facility, public and private.
(1)
All pools, tennis courts, or other comparable facilities shall be considered structures for the purpose of this chapter.
(2)
Coverage, including structures, parking lots, and buildings, shall not exceed 50% of the lot.
(3)
The facility area and lot boundaries shall be landscaped as required by the City to minimize noise projection and make the grounds aesthetically compatible to the surrounding properties.
(4)
All structures shall not be less than 100 feet from any lot line, and no less than 200 feet from the nearest house.
(5)
All facilities shall have a paved parking area in accordance with this chapter; and it shall not be closer than 25 feet to any residential lot line.
(6)
All facilities shall abut a public road and have a permanent access thereto.
(7)
Alcoholic beverages without a Pennsylvania Liquor Control Board license, amplified music, and juke boxes shall be prohibited on the premises.
(8)
No direct or sky-reflected glare, whether from floodlights or any other kind of light, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.
(9)
All pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when attendant is not present; and shall be constructed in accordance with all applicable state requirements.
(10)
Tennis courts shall be protected by a permanent fence 10 feet in height behind each base line extending 10 feet beyond the playing area in each direction.
(11)
The landowner and/or developer shall demonstrate the proposal will be compatible with the neighborhood and not adversely affect adjoining lot.
(12)
The amount of new traffic generated shall not have a detrimental impact on the neighborhood.
(13)
Plans shall clearly show ingress-egress facilities and provide proper sight visibility for motorists.
(14)
Hours of operation shall be scheduled to minimize negative impacts on surrounding residential neighborhoods. The City may limit hours within this time frame based on the use and location of the facility. Operating hours for the purpose of this section shall mean the period of time that the recreational or athletic activity is occurring.
RR.
Recycling, small scale.
(1)
The use shall be conducted within a completely enclosed building.
(2)
Recycling storage containers shall be completely enclosed.
(3)
Vehicular access shall not be from the primary commercial frontage if access from the rear or side is possible.
(4)
Vehicular drop-off areas shall be located a minimum of 60 feet from any intersection or driveway and shall not conflict with residential parking.
(5)
Council shall determine that such use will not create detrimental impacts on the surrounding properties, taking into consideration probable traffic generation, truck routes, hours of operation, and noise generation.
TT.
Restaurant, drive through/drive-in.
(1)
No drive-thru window or the like shall be located in a front yard.
(2)
No drive-thru windows are allowed in the City Downtown Mixed Use Zone.
(3)
The drive-thru shall have direct access to a public right-of-way.
(4)
A minimum of three stacking spaces shall be provided for each drive-thru lane.
(5)
Stacking shall not interfere with the normal traffic flow within the lot nor shall it cause the stopping of vehicles on any public right-of-way.
UU.
Restaurant, sit down.
(1)
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 drive thru service is provided, if the words on such signs are not readable from beyond the lot line.
(2)
Traffic circulation onto, within and off of the lot shall be clearly marked. A drive-thru use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site.
VV.
Riding academy and stables.
(1)
All applications for a riding stable and/or academy conditional use permit shall be accompanied by a land development plan.
(2)
The maximum impervious cover, exclusive of access, shall be 100,000 square feet or 10% of the lot size - whichever is less.
(3)
All required off street parking spaces and aisles shall consist of six inches of crushed and compacted stone.
(4)
Front, side, and rear setbacks shall be a minimum of 50 feet.
(5)
No outdoor activity or event lighting or loudspeaker system is permitted to be installed or used on the site. Security lighting is permitted; however, all lighting must conform to the standards of this chapter.
(6)
Maximum building height shall be 40 feet.
WW.
School, public and private.
(1)
All height, area, setback, and coverage standards within the underlying district shall apply.
(2)
No part of a public/non-public school property shall be located within 1,000 feet of a property containing an adult business. All off-street parking shall be set back at least 25 feet and screened from adjoining property lines.
(3)
An outdoor play area shall be provided at a rate of 100 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a six-foot-high fence and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play areas shall not be of a harmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade such as a shade tree(s) or pavilion(s).
(4)
Enrollment shall be defined as the largest number of students on the site at any one time during a seven-day period.
(5)
Passenger "drop-off" and "pick-up" areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site. The drop-off and pick-up lanes shall also be arranged to prevent backup onto public streets.
(6)
The minimum lot area for public/non-public schools will comply with the requirements of the zoning district.
(7)
A traffic study is required.
(8)
The subject property shall have frontage along a public street as defined in the Zoning Ordinance, as amended.
XX.
Shooting range, indoor.
(1)
Indoor gun ranges shall not sell or dispense alcoholic beverages, nor shall they be in a building which contains a business that sells or dispenses alcoholic beverages. Alcoholic beverages are not allowed on the premises of the Indoor Gun Range at any time.
(3)
The design and construction of the Indoor Gun Range shall completely confine all ammunition rounds within the building and in a controlled manner. The design and construction of the gun range shall be performed by a registered engineer in the Commonwealth of Pennsylvania. The certified plans shall include the specifications and construction of the bullet trap(s), ceilings, exterior and interior walls, and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine.
(4)
No ammunition shall be used in the Indoor Gun Range that exceeds the certified design and construction specifications of the gun range.
(5)
Each range shall have a clear and concise safety plan. A copy of the safety plan shall be filed with an application for a conditional use permit.
(6)
The applicant shall provide and maintain proof of liability insurance which shall require the insurer notify the Zoning Administrator in writing of cancellation of the policy, a change in the limit of the policy, and/or a change in policy ownership. Said policy shall be executed and provided to the Planning Department prior to issuance of a zoning certificate and shall be available for inspection by the Zoning Administrator and/or his/her assigns at all times.
(7)
An outside security plan for the general grounds shall be submitted to the city for review and approval.
(8)
Signs shall be posted in the entry of the structure, and within the range space that specify that minors must be accompanied by an adult at all times. This includes in a firearm safety class which must be supervised by an adult instructor.
(9)
Retail sales and rental may be permitted as an accessory use and shall be limited to gun -related material and equipment, with a maximum display area of 20% of the floor area.
(10)
Applicant shall provide documentation that all Backstop and Bullet Traps shall be made of steel that conforms to The General Services Administration (GSA) specifications for target backstops steel published in the bulletin GSA-PBS Indoor Firing Range Design, Operations and Maintenance Criteria, April 2012, Appendix B and found in the NRA Range Source Book: A guild to Planning and Construction Article 3, Section 3, Table 1 Examples of Acceptable Ammunition, Muzzle Velocities and Minimum Steel Plat thickness for Metal Backstops, Deflector Plates (Baffles), and Bullet Traps.
(11)
Applicant shall acknowledge that an Indoor Gun Range shall conform with all Federal, State and Local requirements related to the use, sale, rental, and transport of firearms.
YY.
Shooting range, outdoor.
(1)
Skeet, rifle, or archery ranges shall be directed away from residential areas and adequate backstopping shall be provided to protect surrounding areas from stray bullets or arrows.
(2)
Outdoor firearm shooting hours shall be limited from 10:00 a.m. to one hour before sunset.
(3)
No hunting shall be permitted on the grounds within specified safety zones of on-site or off-site buildings and dwellings.
ZZ.
Short term rental.
(1)
The dwelling must be the permanent address of the owner or lessee and the owner or lessee must occupy the dwelling for at least six months of the calendar year.
(2)
All activity at the short-term rental shall be subject to enforcement of the City's noise, nuisance, and property maintenance-related ordinances including but not limited to Performance Standards and Property Maintenance.
(3)
Any noise caused by the house guests that disturbs the neighboring dwellings shall not be permitted, and if the house guest(s) is convicted for any disturbance(s) of the peace, the house owner or lessee shall not be permitted to continue to offer short term rentals.
(4)
The short-term rental shall provide one off-street parking space per bedroom available for rental.
AAA.
Traditional neighborhood development.
(1)
By the authority granted by the PA MCP, the City reserves the right to develop an application process specifying provisions regarding Traditional Neighborhood Development, in coordination with the City's Subdivision and Land Development Ordinance.
BBB.
Treatment center.
(1)
The applicant shall prove to the satisfaction of City Council that the use will involve adequate on-site supervision and security measures to protect public safety.
(2)
City Council may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.
(3)
Any such use shall not be located or operated within 500 feet of an existing school, public playground, public park, residential housing district, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed treatment center and shall be located a minimum of 600 feet from any existing treatment center.
(4)
No treatment center shall be permitted unless it is certified by and meets all regulations of the appropriate local, County, State and/or Federal agencies.
CCC.
Truck/freight terminal.
(1)
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
(2)
An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for off-street parking and loading areas shall be provided as defined by this Chapter to protect the surrounding neighborhood from in appropriate light and other disturbances.
(3)
Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in this chapter.
(4)
A distribution center, cargo facility, warehousing area or freight terminal shall have one point of ingress and egress to an arterial or collector street. The point of ingress and egress shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on Arterial and/or Collector streets.
(5)
Hours of operation and activities must be appropriately scheduled to protect the operation of the Wilkes-Barre Scranton International Airport from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
(6)
No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases, or solids is permitted.
(7)
The owner(s) and operator(s) of such facilities shall be responsible for the conduct and safety of employees or visitors and shall be available to respond to inquiries and promptly quell any disturbances caused by employees and visitors
(8)
The height of proposed buildings and structures that are for non-aviation uses shall be subject to the requirements of the Lackawanna County Airport Zoning Regulations and approval by the Federal Aviation Administration (FAA).
DDD.
Vehicle or equipment sales.
(1)
Automobile repair and sales shall have direct access to an arterial road.
(2)
Automobile inventory shall be aligned and displayed in an orderly fashion so that circulation for fire safety can be maintained at all times.
(3)
All outdoor display areas adjacent to a residence or residential zoning district shall have exterior lighting reduced to 50% luminosity after 11:00 p.m.
(4)
Automobile repair and automobile sales and service (dealership) may be provided so long as any area not within a building which is used for the display of automobiles shall be bordered by curbing or barrier.
(5)
All lights used to illuminate automobile sales area shall be so arranged as to reflect the light away from adjoining properties and roadways.
(6)
Sufficient screening and buffering of parking areas must be provided to protect the neighborhood from detrimental noise, dust, and other disturbances. Where an automobile display area abuts a residential use, it shall be bordered by a fence or hedge not less than four feet in height.
(7)
Landscaping requirements:
(a)
One tree (2 1/2 inches caliper) per 15 display spaces shall be planted on the lot.
(b)
A decorative landscaped strip shall be located immediately adjoining the supporting structure of any signage in all directions.
(c)
A hedge or other desirable planting of at least two feet in height shall extend the entire length and breadth of the required landscaped strip.
(8)
A Delivery Zone Plan acceptable to the City Engineer shall be submitted to demonstrate adequate delivery and associated circulation areas do not conflict with existing City development and circulation patterns.
(9)
The maximum lot area for an automobile repair and sales station shall be 20,000 square feet.
(10)
All authorized repair and service work, car washing and lubrication shall be conducted within a completely enclosed building.
(11)
All automobile parts and accessories, dismantled vehicles and similar materials shall be stored within a completely enclosed building.
(12)
All fuel, oil and other flammable substances shall be stored at least 20 feet from any property line.
(13)
Hazardous fluids shall be disposed of in accordance with regulations of appropriate regulatory agencies.
EEE.
Vehicle repair services.
(2)
Driveways shall be located as provided in this chapter.
(3)
All service equipment shall be set back not less than 25 feet from any lot line and so located that vehicles stopped for service will not extend over the property line.
(5)
Motor vehicles shall not be permitted to be repaired, parked or to stand on sidewalk areas.
(6)
Except along access drives, a concrete curb eight inches in height must be placed along all street right-of-way lines.
(7)
All signs shall be in accordance with this chapter.
(8)
All merchandise shall be displayed within a building. Vending machines shall be maintained in a semi- enclosed structure or within the building.
(9)
No outdoor stockpiling of tires, auto parts, or outdoor storage of trash is permitted. An area enclosed by a wall or fence, screened from view of adjoining properties, shall be provided whenever outdoor storage is permitted. No materials may be stored so as to create a fire hazard.
(10)
All lights must be diverted inward and downward.
(11)
The outdoor storage of unlicensed vehicles is prohibited.
(12)
All vehicles shall be serviced and removed from the premises within 30 days.
(13)
The demolition or junking of vehicles, trailers, boats, and other machinery is prohibited.
(14)
One kiosk is permitted on the gasoline service island, no larger than 10 feet by 10 feet and within the pump setbacks.
(15)
All service and/or repair activities shall be conducted within a wholly enclosed building.
(16)
No outdoor storage of parts, equipment, lubricants, fuel, or other materials, new or used or discarded, as part of the service or repair operation, shall be permitted.
(17)
All exterior vehicle storage areas shall be screened from adjoining residentially zoned or residentially used lots and roads.
(18)
The storage of unlicensed vehicles for more than 30 days is prohibited.
(19)
Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed towards any adjoining residentially zoned or used property and conform to all outside agency requirements.
FFF.
Waste-to-energy facility.
(1)
The applicant shall prove to the satisfaction of City Council that the use will not create any significant hazards to the public health. Such determination shall be based upon any reviews provided by the Planning Commission, the City Engineer, other City staff persons and any professional studies provided to City Council. The burden of proof for such determination shall be upon the applicant. Such assessment of health risks shall consider the ambient health and the environmental conditions in the community, to fully reflect the aggregated or synergistic effects of the proposed project.
(2)
The applicant shall be required to provide an escrow account of a minimum of $25,000 that may be used by the City only to fund professional review(s) of the applicant's proposal by environmental health professionals. Any funds not utilized for such purpose shall be returned to the applicant.
(3)
The applicant shall provide evidence that the use will not generate significant hazards or significant nuisances to the public. Such evidence shall be based upon the operating characteristics of the most similar uses that are actually in operation in the United States and/or Canada, including actual data or a professional summary of such data over a minimum two-year period on emissions into the air and any emissions into the water and/or the ground.
(4)
All buildings and any smokestack of such use shall not be located within 250 feet of a lot line of an existing primarily residential use, or within 1,000 feet of a lot line of a hospital or nursing home, within the City or within any adjacent municipality.
(5)
Traffic.
(a)
The applicant shall describe in detail the proposed method of transportation of materials to the site.
(b)
The use shall not be approved if the City Council determines that the majority of materials would need to be brought to the use using tractor-trailer trucks mainly using streets that primarily abut existing residences within residential zoning districts in such a manner that significant noxious noise and soot nuisances would be created to these residential areas within the City or in adjoining municipalities.
(c)
The applicant's description of transportation methods may consider road improvements that will be fully funded by the applicant or that are scheduled for completion in PennDOT's Official Twelve-Year Plan prior to the intended initiation of operations of the use.
(6)
The applicant shall provide a detailed description of the types of materials intended to be processed and/or incinerated on the site.
(7)
The applicant shall provide a preliminary architectural rendering of the exterior of the proposed building as visible from at least one public street. Such rendering shall not be binding upon the applicant and shall not be a basis for a conditional use decision.
(8)
The applicant shall provide a detailed description of proposed methods to monitor hazards and emissions from the facility.
(9)
The applicant shall provide a description of the proposed processes and operations of the use and methods of controlling hazards and nuisances in sufficient detail for the City Council and any environmental health consultants to determine potential hazards and nuisances from the use. Such description shall also include any "back-up" safety mechanisms in case the primary systems of control fail.
(10)
The applicant shall describe any proposed "host fees" that may or may not be offered to or required by the City. For solid waste uses, see State Act 101 of 1988.
(11)
Lot area. A waste-to-energy plant shall include a minimum lot area of 30 contiguous acres for up to 500 tons of total daily incineration capacity, plus 5 additional contiguous acres for each additional 200 tons of total daily incineration capacity. For example, a total daily incineration capacity of 700 tons would require a minimum contiguous lot area of 35 acres. Such capacity shall apply to the total of all materials and substances intended to be incinerated, burned and/or otherwise converted to energy, whichever is more inclusive.
(12)
All buildings shall be setback; a minimum of 80 feet from all exterior lot lines, except for where greater distances are provided by other sections of this chapter.
(13)
If the use would involve groundwater usage or withdrawals from surface waters other than that obtained through the public water system, the applicant shall provide a detailed analysis of the water quantity and quality impacts of such use.
(14)
The operation and day-to-day maintenance of the use shall comply with all applicable State and Federal regulations as a condition of the continuance of any permit of the City. Violations of this condition shall also be considered to be violations of this chapter.
(15)
The applicant shall provide the Zoning Officer with a copy of all written materials and plans that are submitted to PA. DER and the U.S. Environmental Protection Agency, or their successor agencies, at the same time as they are submitted to such agencies.