Sellersville City Zoning Code
ARTICLE VI
Supplementary District Regulations
§ 160-28 Use standards and criteria.
A.
The regulations for each district pertaining to minimum lot size, minimum lot width, maximum lot coverage and yard requirements are specified in Article IV. The purpose of this article is to supplement that article with additional requirements applicable to certain permitted uses. In cases where the provisions of this article are more restrictive than the general district regulations contained in Article IV, the provisions of this article take precedence.
§ 160-29 Townhouse dwellings.
A.
In MR and NC Districts, row dwellings shall be built to a density of not more than 12.4 dwelling units per acre. This density rather than the lot area shall be controlling.
B.
Additional requirements shall be as follows:
(1)
A minimum distance between townhouse structures shall be 25 feet at any angle.
(2)
Variation of design.
(a)
An overall structure of attached dwelling units of more than three units shall not be permitted with one common roofline nor with equal front yard setbacks for all units. Similarly, the appearances of the fronts of the buildings shall have a distinction between the townhouse dwelling units, by varying width, different exterior materials on the facade or changing rooflines.
(b)
Setbacks shall vary from one dwelling unit to the other or from each pair of dwelling units, so that each is offset from the next by design, so that roof elevations vary by no less than 13 inches in height every two dwelling units. The front wall of each pair of dwelling units shall be designed to provide a minimum two-foot offset from each pair of adjacent dwelling unit front walls on either side. A garage attached to and made an integral part of a dwelling unit shall not be considered in the design of the minimum two-foot offset.
(c)
Townhouse structures containing three dwelling units may be designed with the same setback and roofline.
(3)
No more than six townhouse dwelling units shall be attached.
§ 160-30 Multiple dwelling.
A.
Building size. No multiple-family building shall have a single facade which has a length to height ratio greater than five to one.
C.
Public utilities required. Each dwelling shall be provided with an off-lot water supply and shall be connected to an off-lot sewage facility at the time of development.
D.
Recreation space. At least 0.15 square feet of lot area per one square foot of floor area shall be usable recreation space.
(1)
Definition. "Recreation space" is defined as the part or parts of a lot designed and developed for use by the occupants of the lot for recreation, gardens or any leisure activities.
(2)
Requirements. Such spaces shall be effectively separated from automobile traffic and parking and readily accessible by all those for whom it is required. At least 75% of the area shall have a grade of less than 8% and all recreation space counted in this computation shall be at least 20 feet away from any residential wall containing a window. Finally, each individual recreation space shall have a minimum dimension of 100 feet unless the total recreation space is less than 10,000 square feet.
§ 160-30.1 Age-restricted multiple dwelling.
[Added 9-10-2018 by Ord. No. 720]
A.
Definition. An "age restricted multiple dwelling" is a multiple dwelling which is intended and operated for occupancy by persons 55 years of age or older and at least 80% of the occupied units are occupied by at least one person who is 55 years of age or older.
B.
Additional requirements shall be as follows:
(1)
The facade fronting any street shall:
(a)
Contain varying construction materials, which may include synthetic building materials;
(b)
Shall not have a continuous frontage of more than 60 feet without an architectural feature creating a variable dimensional appearance; and
(c)
Include sloped roof rooflines with visible roof shingles and/or turn gables.
(2)
Flat roofs shall not be permitted, other than as part of a mansard roof or hip roof architectural construction feature.
(4)
Prior to the recording of the final plan, the applicant shall provide the Borough Solicitor with a declaration, restrictive covenant, deed restriction, or similar document, reasonably acceptable to the Borough Solicitor, that restricts the property to the use permitted by this section and is consistent with the definition of "housing for older persons" under the Fair Housing Act[1] and the Housing for Older Persons Act of 1995, as amended. Such document shall be recorded by the Borough with the Bucks County Recorder of Deeds and shall run with the land. The applicant shall be solely responsible for all recording costs incurred by the Borough.
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
§ 160-31 Conversion apartments.
A.
In the MR and NC Districts, such conversion shall be authorized only for large buildings that have little economic usefulness as single-family dwellings or other conforming uses (i.e., schools, industrial buildings, barns) erected prior to the adoption of this chapter. In the Industrial District, such conversion shall be permitted only in existing one-family, twin and townhouse dwellings.
[Amended 7-12-2021 by Ord. No. 738]
B.
No structural alteration of the building exterior shall be made except as may be necessary for purposes of safety.
C.
The dimensional, parking and other applicable requirements of this chapter for the district in which such conversion is proposed shall not be reduced, except that the minimum lot area requirements shall be substituted by the following:
§ 160-32 Boardinghouse.
A.
Accommodations must be designed for more than three but not more than 15 boarders and for periods of one week or more.
B.
Any approved structural alterations to an existing building proposed in conjunction with the establishment or enlargement of any boardinghouse shall be located on a side of the building not facing a public street.
C.
No facilities for cooking shall be provided in individual rooms or suites.
D.
The dimensional, parking and other applicable requirements of this chapter for the district in which such boardinghouse is located shall not be reduced, and, further, the lot on which such boardinghouse is located shall have a lot area, in addition to other lot area requirements as may be required by this chapter, of not less than 500 square feet for each boarder.
§ 160-33 Dormitories.
A.
The dimensional, parking and other applicable requirements of this chapter for the district in which such dormitory is located shall not be reduced, and, further:
(1)
Dormitories shall be accessory to and located on the same lot with a parent religious, educational, charitable or philanthropic institution.
(2)
A lot area of not less than 1,000 square feet for each person for whom accommodation is provided shall be assigned in the LR and MR Districts.
[Amended 7-12-2021 by Ord. No. 738]
B.
Accommodations must be for three or more persons and for periods of one month or more.
C.
No facilities for cooking shall be provided in individual rooms or suites.
§ 160-34 Day care.
A. DAY-CARE CENTER FAMILY DAY-CARE HOME GROUP DAY-CARE HOME
Definitions. As used in this section, the following terms shall have the meanings indicated:
A facility for profit or not for profit in which care is provided for seven or more children or four or more disabled and/or elderly persons at any one time, where the child- or adult-care areas are not being used as a family residence. Operators must be licensed by the Pennsylvania Department of Public Welfare (DPW) and/or the Department of Aging.
Any premises, other than the care receiver's own home, operated for profit or not for profit. Child or adult day-care is provided at any one time for four to six children or four or more disabled and/or elderly persons who are not relatives of the caregiver. The child- or adult-care areas are being used as a family residence. Any individual operating a family day-care home is required to have a registration certificate issued by the Pennsylvania Department of Public Welfare and/or the Department of Aging.
A facility in which care is provided for more than six but less than 12 children or four or more disabled and/or elderly persons who are not relatives, where the child- or adult-care areas are being used as a family residence. The Department of Public Welfare mandates that there are at least two caregivers in a group day-care home and that they must be licensed by the Department of Public Welfare and/or the Department of Aging.
B.
Exemptions. Babysitting operations and day center/nursery schools in places of worship during religious services are exempted from the chapter requirements.
C.
The above-defined day-care facilities must hold an approved Pennsylvania Department of Public Welfare and/or Department of Aging registration certificate or license, as appropriate, and meet all current DPW and Department of Aging regulations, including these standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building and firesafety codes.
E.
Family and group day-care homes shall be conducted in a building designed for residential occupancy and be accessory to the residential use. In dwelling types other than single-family residential, no more than four children are permitted.
F.
They shall provide care for preschool, school-age children and disabled or elderly adults.
G.
Additional safeguards for all family day-care homes and group day-care homes are as follows:
(1)
Parking. In addition to the particular district's parking requirements, there shall be one additional off-street parking space provided for each nonresident employee and one safe passenger unloading space, measuring at least 10 feet by 20 feet.
(2)
Outdoor play area. An area of 100 square feet per child, which is not composed of impervious surfaces, shall be located only in the rear and/or side yard of the property.
(3)
Fencing. The requisite outdoor play area shall be surrounded by a safety fence a minimum of four feet in height.
(5)
Hours. Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
(7)
When day care is provided in a home, the amount of floor area devoted to such purposes shall not exceed 30% of the total floor area of the dwelling, and there shall be no change to the exterior of the building for the purpose of accommodating the day-care use.
H.
Safeguards and requirements for day-care centers are as follows:
(1)
Off-premises play area. When an off-premises outdoor play area is utilized, it must be located within 1,000 feet and safely accessible without crossing at grade any arterial street or other hazardous area.
(2)
Outdoor play area. An area of 100 square feet per child, which is not composed of impervious surfaces, shall be required.
(3)
Fence. The outdoor play area required by state licensing shall be surrounded by a safety fence or natural barrier a minimum of four feet in height.
(4)
Play area setback. No portion of the outside play area shall be less than 50 feet from an existing occupied dwelling without the owner's written consent.
(6)
Hours. Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
(7)
Signs. The area of one side of any sign shall not exceed 20 square feet, and no more than one sign shall be placed on each street frontage.
(9)
Circulation. The loading and unloading of children shall not obstruct the normal flow of traffic.
§ 160-35 Private nurseries and kindergartens.
A.
Definition. A private nursery school or kindergarten exists when five or more children from three through six years of age are gathered regularly for the purpose of developing intellectual, emotional, physical and social skills, and the operator possesses a valid license issued by the Pennsylvania Department of Education's State Board of Private Academic Schools.
B.
Other regulations. The private nursery or kindergarten must also meet any applicable state and municipal building and firesafety codes.
C.
The private nursery school or kindergarten shall be permitted to locate by special exception and if it complies with all zoning regulations governing day-care centers (§ 160-34), with licensing by the Department of Public Welfare.
D.
Inspections. Municipal officials reserve the right to make periodic inspections to ensure continued compliance with all state and municipal requirements.
§ 160-36 Nursing homes.
A.
Such homes shall be constructed and operated in accordance with all applicable laws of the Commonwealth of Pennsylvania.
B.
In LR and MR Districts, nursing homes shall have frontage on and direct access to an arterial or collector street.
C.
A minimum of 500 square feet per patient, but in no case less than 15,000 square feet total lot area.
§ 160-37 Personal care facilities.
A "personal care facility" is defined herein as a facility which contains a separate room or group of rooms occupied by one or more persons not the owner thereof, as a habitable unit for living and sleeping, without a kitchen, and in connection with an aide who is on call every hour of the day or night to assist the occupant.
A.
A building may be erected or used and a lot may be used or occupied for any of the following purposes:
(1)
A room or group of rooms as a habitable unit for living, without a kitchen.
(2)
Common facilities required to support the needs of the residents.
(a)
Dining facilities, including kitchens and accessory facilities for residents and their guests.
(b)
Social rooms; meeting rooms.
(c)
Health care facilities, including clinic, rehabilitation services, nursing care, convalescent care, intermediate care, extended care, personal care, laboratory and other similar facilities.
(d)
Administrative office uses in the management of the facility.
(e)
Activity rooms, craft or hobby shop and similar-type uses.
B.
There shall be a minimum lot area of 500 square feet per patient, but in no case less than 15,000 square feet total lot area.
D.
The facility shall have access to a public street.
F.
Each facility shall be a single legal entity and shall be retained in single ownership.
§ 160-38 Police and fire stations.
In districts where police and fire stations are expressly permitted, they shall have frontage on and access to an arterial or collector street.
§ 160-39 Offices.
A.
As defined herein, offices shall be limited to the following:
(1)
Business office. An office which generally operates on a first-come, first-served basis and which has relatively high pedestrian or vehicular traffic, including advertising agencies, medical and dental clinics, opticians' offices, personnel agencies, travel and ticket agencies and mail order business offices.
(2)
Professional office. An office which generally operates on an appointment basis and with relatively low pedestrian or vehicular traffic, including offices of accountants, actuaries, architects, attorneys, clergy, dentists, designers, engineers, insurance and bonding agents, manufacturing representatives, physicians, realtors, teachers and miscellaneous consulting services.
(3)
Public office. An office of a governmental agency, social service organization, District Justice, notary, public or private utility or political organization.
[Amended 7-7-1997 by Ord. No. 604]
(4)
Financial office. An office of a bank, savings-and-loan association, credit and loan company, collection agency or stock and bond broker.
B.
The issuance of a zoning permit for any office use not listed herein or not permitted in the zoning district in which application is made is specifically prohibited without a zoning amendment.
C.
In the PR District, permitted offices shall be located with other commercial uses as an integral part of a planned commercial center using coordinated and joint access points.
D.
In MR Districts, permitted offices shall:
(1)
Be established wholly within existing principal buildings located on a lot.
(2)
Not use show windows or any advertising display visible from outside any building other than signs permitted in residential districts and as contained in Article VIII.
(3)
Not provide drive-in facilities offering goods or services to customers waiting in parked vehicles.
§ 160-40 Business service establishments.
As defined herein, business service establishments shall be limited to the service and repair of furniture, office equipment, medical supplies and equipment and commercial appliances; the supply and servicing of vending machines; frozen-food lockers; the painting, repair and assembly of signs; printing, copy ad photostatting services; arts, crafts, drafting and stationery supplies; food catering; interior decorating; taxidermy; upholstering; laundry and dry-cleaning plants. However, among the uses which shall not be interpreted to be business service establishments are retail shops and stores, gasoline and motor vehicle service stations, vehicular sales and rental, mortuaries, warehousing and distribution facilities and contractors' offices. The issuance of a zoning permit as a business service establishment for any use not listed herein is specifically prohibited without a zoning amendment.
§ 160-41 Commercial recreation and entertainment facilities.
A commercial recreation and entertainment facility is defined herein as an activity operated as a gainful business, open to the public, for the purpose of public entertainment or recreation, including but not limited to bowling alleys, theaters, health clubs, miniature golf courses, arenas, swimming pools and skating rinks, but not including adult theater; such use shall be housed in a structure sufficiently sound-insulated so as to protect the neighborhood from inappropriate noise in any season.
§ 160-42 Retail stores and businesses.
A.
As defined herein, retail stores and businesses shall be limited to shops and stores whose primary activities involve the sale or lease of amusements and games, antiques, art, books, beverages, carpets and rugs, glass, confections, drugs, dry goods, flowers, food, furniture, gifts, garden supplies, hobbies, hardware, household appliances, household pets and supplies, leather goods, musical supplies and equipment, notions, paint, periodicals, photographs and photographic equipment, radio/television and sound equipment, sporting and camping goods, stationery, tobacco, toys and wearing apparel. The wholesale distribution or manufacture of the foregoing products are not included herein, but are permitted uses as provided in another section of this chapter.
B.
Among the uses not to be interpreted as retail stores or businesses are uses specifically provided for elsewhere in this chapter, including but not limited to gasoline and motor vehicle service stations, vehicular sales and rental, department stores, restaurants, taverns, nightclubs, hotels and motels, business services, mortuaries, contractors' offices, mills and lumberyards. The issuance of a retail store or business zoning permit for any use not listed herein is specifically prohibited without a zoning amendment.
C.
Permitted retail stores and business shall:
§ 160-43 Gasoline-dispensing facility and motor vehicle service stations.
A. GASOLINE-DISPENSING FACILITY GASOLINE-DISPENSING FACILITY WITH AN ACCESSORY CONVENIENCE STORE MOTOR VEHICLE SERVICE STATION
Definitions. As used in this section, the following terms shall have the meanings indicated:
A retail facility of any type for the dispensing of fuel for motor vehicles, including but not limited to self-service gasoline facilities (facilities which are designed, intended or do require, permit or allow customers to dispense any type of fuel for motor vehicles rather than having such fuel dispensed by employees or by the operator of the facilities). Gasoline includes any type of fuel for motor vehicles.
A retail facility as defined above ("gasoline-dispensing facility") with an associated accessory retail establishment offering for sale prepackaged food products, nonalcoholic beverages, coffee and other goods commonly associated with the same.
Any area of land, including structures thereon, or any building or part thereof that is used for the sale of gasoline or other motor vehicle fuel or accessories and which may or may not include facilities for lubricating, washing, servicing (including major repairs), painting, body and fender repairs, vehicular rentals and automatic car washes, but not including vehicular sales.
B.
All gasoline-dispensing facilities or motor vehicle service stations shall:
(1)
Not involve vehicular sales.
(2)
Not store or repair vehicles having three or more axles.
(3)
Be located and all servicing shall be conducted within the confines of the lot.
(4)
Have fuel pumps located at least 20 feet from any street line or highway right-of-way.
(5)
Store all automobile parts, dismantled vehicles and similar articles within a building.
(6)
Not locate within 1,500 feet of another gasoline-dispensing facility or motor vehicle service station.
C.
Gasoline-dispensing facilities shall:
D.
Gasoline-dispensing facilities with an accessory convenience store shall have the following requirements in addition to the requirements listed in Subsections B and C:
(1)
The maximum sales area of the convenience store shall be 500 square feet.
(3)
None of the other uses allowed in the Borough Core or Neighborhood Commercial Districts shall be allowed on any lot or parcel used for a gasoline-dispensing facility with an accessory convenience store.
(4)
Roofs or canopies may be used for protection of the customers, lighting and signage. Roofs and canopies shall be considered structures and shall conform with all area and dimensional requirements of the district.
E.
Motor vehicle service stations shall have:
§ 160-44 Hotels and motels.
A "hotel" or "motel" is defined as a building other than a rooming house, boardinghouse or dormitory arranged or used for sheltering, sleeping or feeding, for compensation, of eight or more persons and in which no provision is made for cooking in any individual room or suite.
§ 160-45 Mortuary.
A "mortuary" is defined as a building or part thereof used for human funeral services. Such building may contain space and facilities for embalming and the performance of other services used in preparation of the dead for burial; the storage of caskets, funeral urns and other related funeral supplies; and the storage of funeral vehicles.
§ 160-46 Personal service establishments.
A.
As defined herein, personal service establishments shall include and be limited to barbershops, beauty parlors, self-service laundry and dry-cleaning establishments, laundromats, radio and television repair, repair shops for home appliances and tools, bicycles, guns, locks, shoes and watches, tailor and dressmaking shops, travel and ticket agencies and pet grooming with no overnight boarding.
B.
Permitted personal service establishments shall:
§ 160-47 Restaurants, taverns and nightclubs.
A. QUICK-SERVICE RESTAURANT SIT-DOWN RESTAURANT
Definitions. As used in this section, the following terms shall have the meanings indicated:
A public eating place primarily offering a stand-up counter, vending machine, window or in-car service and offering preprepared or standardized food for either on- or off-premises consumption.
A public eating place primarily offering a sit-down counter or table service and serving prepared foods for on-premises consumption.
B.
As described herein, a tavern is a sit-down restaurant offering alcoholic beverages but not having live entertainment; a nightclub is a sit-down restaurant offering alcoholic beverages and having live entertainment, but not including adult theater.
C.
When permitted in a PR District, restaurants, taverns and nightclubs shall be located with other commercial uses as an integral part of a planned commercial center using coordinated design and joint access points.
§ 160-48 Veterinary office or hospital; kennel.
A.
A "veterinary office or hospital" is defined herein as a place where household animals (dogs, cats, birds and the like) are given medical or surgical treatment. Use as a kennel shall be prohibited except for animals or pets undergoing medical or surgical treatment.
B.
Kennels shall be permitted by special exception in the MR and BC Districts, provided that suitable measures are provided for the protection of neighbors from noise disturbance, and suitable measures are provided for the disposition of organic waste.
C.
Veterinary offices, hospitals and kennels shall be located in a detached building with no other principal uses located therein.
§ 160-49 Wireless communications facilities.
[Amended 7-7-1997 by Ord. No. 604; 4-9-2018 by Ord. No. 718]
A.
Tower-based wireless communications facilities. The following regulations shall apply to all tower-based wireless communications facilities:
(1)
Standard of care. All tower-based WCFs shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety, and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Tower-based WCFs shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so as not to endanger the life of any person or any property in the Borough.
(2)
Notice. Upon submission for a tower-based WCF and the scheduling of a public hearing upon the application, the applicant shall mail notice to the owners of all property located within 300 feet of the proposed facility. The applicant shall provide proof of the notification to the Borough.
(3)
Conditional use authorization required. Tower-based WCFs are permitted in certain zoning districts by conditional use and at a minimum height necessary to satisfy their function in the applicant's wireless communications system. Applicants shall not have the right to erect a tower to the maximum height specified in this section unless the necessity for such height is proven. The applicant shall demonstrate that the antenna, tower, or pole for the tower-based WCF is the minimum height necessary for the service area.
(a)
Prior to Borough Council's approval of a conditional use authorizing a tower-based WCF, the applicant shall prove to the reasonable satisfaction of Borough Council that the applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antennas, and other similar equipment installed on existing structures such as utility poles and other available tall structures. The applicant shall also demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the applicant's service area and that no other viable alternative location exists.
(b)
The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communications facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the applicant, the transmitting power in watts, and any relevant related tests conducted by the applicant in determining the need for the proposed site.
(c)
The conditional use application shall include documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.
(d)
If the proposed tower-based WCF is to be located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement for the proposed tower-based WCF and that vehicular access will be provided to the facility.
(e)
The conditional use application shall include documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions of the Sellersville Borough Zoning Code.
(4)
Engineer inspection. Prior to the Borough's issuance of a permit authorizing construction of a tower-based WCF, a structural engineer registered in Pennsylvania shall issue the Borough a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunications Industry Association and certify the proper construction of the foundation and the erection of the structure. The applicant shall provide this certification during the conditional use hearings, or it shall be made a condition to any approval given such that it is provided prior to the issuance of any building permit.
(5)
Visual appearance and land use compatibility. Tower-based WCFs shall employ the most current stealth technology available. All tower-based WCFs and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. Borough Council shall consider whether its decision will promote the harmonious and orderly development of the zoning district involved, encourage compatibility with the character and type of development existing in the area, benefit neighboring properties by preventing a negative impact on the aesthetic character of the community, preserve woodlands and trees existing at the site to the greatest possible extent, and encourage sound engineering and land development design and construction principles, practices, and techniques.
(6)
Co-locating and siting. The applicant shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building, or sited on land owned by the Borough. Borough Council may deny an application if the applicant has not made a good faith effort to mount the antennas on an existing or approved structure or building. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter-mile radius of the proposed site, sought permission to install an antenna on those structures, buildings, and towers, and was denied for one or more of the following reasons:
(a)
The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure, or tower, and its reinforcement cannot be accomplished at a reasonable cost;
(b)
The proposed antenna and related equipment would cause radio frequency interference with existing equipment for that building, structure, or tower, and the interference cannot be prevented at a reasonable cost;
(c)
Such existing building, structure, or tower does not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function; and
(d)
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
(7)
Permit required for modifications. To the extent permissible under applicable state and federal law, an applicant proposing the modification of an existing tower-based WCF which increases the overall height of such WCF shall first obtain a building permit from the Borough. To the extent permissible under applicable state and federal law, nonroutine modifications shall be prohibited without a building permit.
(8)
Gap in coverage or capacity. An applicant shall demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the proposed WCF is the least intrusive means by which to fill that gap in coverage or capacity. The existence or nonexistence of a gap in wireless coverage or capacity shall be a factor in the Borough's decision.
(9)
Additional antennas. As a condition of approval, the applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennas on the tower-based WCF where technically and economically feasible. To the extent permissible under applicable state and federal law, additional antennas shall not be installed on a tower-based WCF without obtaining the prior written approval of the Borough.
(10)
Wind and ice. Tower-based WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222), as amended.
(11)
Related equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet, or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet, housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing antenna space on the tower-based WCF.
(12)
Public safety communications. Tower-based WCFs shall not interfere with public safety communications or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties.
(13)
Maintenance. Tower-based WCFs shall be fully automated and unattended on a daily basis. Maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Borough's residents and utilize the best available technology for preventing failures and accidents.
(14)
Radio frequency emissions. Tower-based WCFs shall not generate radio frequency emissions in excess of the standards and regulations established by the Federal Communications Commission, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(15)
Historic buildings or districts. Tower-based WCFs shall not be located on a property, building, or structure that is listed or eligible to be listed on either the National or Pennsylvania Registers of Historic Places or is included in the official historic structures or historic districts list maintained by the Borough.
(16)
Signs. A tower-based WCF shall include a nonilluminated sign no larger than five square feet identifying the name and phone number of a party to contact in the event of an emergency. No other signs are permitted on a tower-based WCF unless mandated by state or federal law.
(17)
Lighting. A tower-based WCF shall not be artificially lighted unless mandated by state or federal law. If state or federal law mandates lighting, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under law.
(18)
Anti-climbing device. Any tower-based WCF over 35 feet in height shall be equipped with an anti-climbing device approved by the manufacturer.
(19)
Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergencies requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis.
(20)
Aviation safety. Tower-based WCFs shall comply with all applicable state and federal law concerning aviation safety.
(21)
Retention of experts. The Borough may hire any expert or consultant to assist the Borough in reviewing and evaluating the application for approval of a tower-based WCF and, if approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The applicant shall reimburse the Borough for all costs associated with such expert or consultant.
(22)
Timing of approval. Within 30 calendar days after an application is filed, the Borough shall notify the applicant in writing of any information that may be required to complete the application. Applications shall be acted upon within 150 days of the Borough's receipt of a fully completed application. The Borough shall advise the applicant in writing of its decision. If additional information is requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the 150-day review period.
(23)
Nonconforming uses and structures. Nonconforming tower-based WCFs that are damaged or destroyed may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section. The co-location of antennas is permitted on nonconforming structures.
(24)
Removal. The owner of a tower-based WCF shall provide written notice to the Borough of its intent to discontinue the use of a tower-based WCF and the date when the use shall be discontinued. Unused or abandoned tower-based WCFs, or portions of WCFs, shall be removed within 90 days of the cessation of operations at the site, and if not removed, the Borough may do so and charge the owner the Borough's cost of removal.
(25)
Permit fees. The Borough may assess reasonable permit fees directly related to the Borough's actual cost to review and process the application for approval of a tower-based WCF as well as all inspection, monitoring, and related costs.
(26)
FCC license. Each person that owns or operates a tower-based WCF over 35 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(27)
Engineer signature. All plans and drawings submitted by an applicant shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(28)
Financial security. Prior to the issuance of a building permit, the applicant shall provide the Borough with financial security sufficient to guarantee the removal of the tower-based WCF. The financial security shall remain in place until the tower-based WCF is removed.
(29)
Reservation of rights. The Borough reserves the right to deny any application for any reason allowed by applicable state or federal law, including, but not limited to, visual impact, design, and safety.
B.
Tower-based wireless communications facilities located outside the public right-of-way. In addition to the regulations set forth in § 160-49A, the following regulations shall apply to all tower-based WCFs located outside the public right-of-way:
(2)
Underground utilities. A tower-based WCF shall not be located in, or within 100 feet of, any area in which the public utilities are primarily located underground.
(3)
Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the lot complies with the minimum size specifications set forth in the Borough Zoning Code.
(4)
Combined with another use. A tower-based WCF shall be permitted on a property with an existing use, or on a vacant parcel in combination with another use, provided that the lot complies with the minimum size specifications set forth in the Borough Zoning Code.
(5)
Height. The maximum height of a tower-based WCF shall be 100 feet as measured vertically from the ground level to the highest point on the structure, including antennas.
(6)
Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed height of the tower-based WCF or the minimum setback of the underlying zoning district, whichever is greater.
(7)
Soils and surrounding environs. The applicant shall submit a soil report to the Borough complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF and anchors for guy wires if used. The applicant shall ensure that the existing vegetation, trees, and shrubs located with proximity to the tower-based WCF shall be preserved to the greatest extent possible.
(8)
Fencing. A security fence with a minimum height of eight feet shall completely surround any tower-based WCF as well as any guy wires or building that house related equipment.
(9)
Screening. Landscaping shall be required to screen as much of the tower-based WCF as possible. Borough Council may permit any combination of existing vegetation, topography, walls, decorative fences, or other features instead of landscaping if, in the discretion of Borough Council, they achieve the same degree of screening.
(10)
Accessory equipment. Ground-mounted related equipment associated with a tower-based WCF shall be placed underground or screened from public view using the most current stealth technologies. All related equipment, utility buildings, and accessory structures shall be architecturally designed to blend into the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district.
(11)
Access road. An access road, turnaround space, and parking shall be provided to ensure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to ensure minimal visual disturbance and soil erosion.
(12)
Inspection. The tower-based WCF owner shall inspect the WCF on no less than an annual basis and provide the Borough with written proof of inspection, noting any deficiencies observed, signed by a registered engineer certified in the Commonwealth of Pennsylvania. The Borough reserves the right to inspect any WCF to ensure compliance with the Borough's Zoning Code and all local, state, and federal laws. The Borough and its agents shall have the authority to enter the property upon which a WCF is located at any time upon reasonable notice to the owner or operator, unless in case of emergency, to ensure compliance with all applicable laws and the structural integrity and safety of the WCF.
C.
Tower-based wireless communications facilities located in the public right-of-way. In addition to the regulations set forth in § 160-49A, the following regulations shall apply to all tower-based WCF located in the public right-of-way:
(1)
Location and development standards.
(a)
Subject to all other applicable regulations, tower-based WCFs are permitted in the public right-of-way along principal arterial highways, minor arterial streets, and collector streets only.
(b)
Tower-based WCFs in the public right-of-way shall not exceed 35 feet in height.
(c)
Tower-based WCFs in the public right-of-way shall not be located in the front facade area of any structure.
(d)
Tower-based WCFs in the public right-of-way shall not be located in, or within 100 feet of, any area in which the public utilities are primarily located underground.
(2)
Time, place, and manner. The Borough shall determine the time, place, and manner of construction, maintenance, repair, and removal of tower-based WCFs in the public right-of-way based on public safety, traffic management, physical burden on the right-of-way, and related considerations. For public utilities, the time, place, and manner requirements shall be consistent with the Borough's police power and the requirements of the Public Utility Code.
(3)
Equipment location. Tower-based WCFs in the public right-of-way shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic or to otherwise create safety hazards to pedestrians or motorists or inconvenience the public use of the right-of-way as determined by the Borough. In addition:
(a)
Whenever possible, all tower-based WCF-related equipment shall be installed underground.
(b)
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the curb.
(c)
Ground-mounted equipment that cannot be underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.
(d)
Any required electrical meter cabinets that cannot be underground shall be screened to blend in with the surrounding area to the satisfaction of the Borough.
(e)
Any graffiti on the tower or accessory equipment shall be removed at the sole expense of the owner within 10 business days after receiving written notice by the Borough.
(f)
Any underground vaults shall be reviewed and approved by the Borough.
(4)
Design regulations. Within 60 days following written notice from the Borough, or sooner in the case of an emergency, an owner of a tower-based WCF in the public right-of-way shall, at its own expense, temporarily or permanently remove or relocate any tower-based WCF in the public right-of-way when the Borough, consistent with its police powers and any applicable Public Utility Commission regulations, shall determine such removal or relocation is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance, or installation of any Borough or other public improvements in the right-of-way;
(b)
The operations of the Borough or other governmental entity in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement; or
(d)
An emergency as determined by the Borough.
(5)
Reimbursement for use of the right-of-way. In addition to any applicable permit fees, every tower-based WCF in the public right-of-way is subject to the Borough's right to annually fix a fair and reasonable fee to be paid for the use and occupancy of the right-of-way. Such reimbursement for the use of the right-of-way shall be directly related to the Borough's actual right-of-way management costs, including, but not limited to, the cost of the administration and performance of all reviewing, inspection, permitting, supervising, and other right-of-way management activities by the Borough. The owner of every tower-based WCF in the public right-of-way shall pay an annual fee to the Borough to reimburse the Borough for the Borough's costs incurred in connection with the activities described above.
D.
Non-tower-based wireless communications facilities. The following regulations shall apply to all non-tower-based wireless communications facilities:
(1)
Permitted zoning districts. Non-tower-based WCFs are permitted in all zoning districts, subject to the restrictions and conditions set forth below and subject to all applicable permitting by the Borough.
(2)
Nonconforming wireless support structures. Non-tower-based WCFs shall be permitted to co-locate upon nonconforming tower-based WCFs and other nonconforming structures. Co-location upon existing tower-based WCFs is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.
(3)
Standard of care. All non-tower-based WCFs shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety, and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and the National Electrical Code. Non-tower-based WCFs shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so as not to endanger the life of any person or any property in the Borough.
(4)
Wind and ice. Non-tower-based WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222), as amended.
(5)
Aviation safety. Non-tower-based WCFs shall comply with all applicable state and federal law concerning aviation safety.
(6)
Public safety communications. Non-tower-based WCFs shall not interfere with public safety communications or the reception of broadband, television, radio, or other communications services enjoyed by occupants of nearby properties.
(7)
Radio frequency emissions. Non-tower-based WCFs shall not generate radio frequency emissions in excess of the standards and regulations established by the Federal Communications Commission, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(8)
Removal. The owner of a non-tower-based WCF shall provide written notice to the Borough of its intent to discontinue the use of a non-tower-based WCF and the date when the use shall be discontinued. Unused or abandoned non-tower-based WCFs, or portions of WCFs, shall be removed within 90 days of the cessation of operations at the site, and if not removed, the Borough may do so and charge the owner the Borough's cost of removal.
(9)
Maintenance. Non-tower-based WCFs shall be fully automated and unattended on a daily basis. Maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Borough's residents and utilize the best available technology for preventing failures and accidents.
(10)
Inspection. The non-tower-based WCF owner shall inspect the WCF on no less than an annual basis and provide the Borough with written proof of inspection, noting any deficiencies observed, signed by a registered engineer certified in the Commonwealth of Pennsylvania. The Borough reserves the right to inspect any WCF to ensure compliance with the Borough's Zoning Code and all local, state, and federal laws. The Borough and its agents shall have the authority to enter the property upon which a WCF is located at any time upon reasonable notice to the owner or operator, unless in case of emergency, to ensure compliance with all applicable laws and the structural integrity and safety of the WCF.
E.
The following regulations shall apply to all non-tower-based WCFs that fall under the Pennsylvania Wireless Broadband Co-location Act[1] and/or the FCC's October 2014 Report and Order:
(1)
Building permit required. Applicants proposing the modification of an existing non-tower-based WCF shall obtain a building permit from the Borough.
(2)
Timing of approval. Within 30 calendar days after an application is filed, the Borough shall notify the applicant in writing of any information that may be required to complete the application. Applications shall be acted upon within 60 days of the Borough's receipt of a fully completed application. The Borough shall advise the applicant in writing of its decision. If additional information is requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the sixty-day review period.
(3)
Permit fees. The Borough may assess reasonable permit fees directly related to the Borough's actual cost to review and process the application for approval of a non-tower-based WCF as well as all inspection, monitoring, and related costs.
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
F.
The following regulations shall apply to all non-tower-based WCFs that do not fall under the Pennsylvania Wireless Broadband Co-location Act:[2]
(1)
Building and zoning permits required. Applicants proposing the construction of a new non-tower-based WCF, or the modification of an existing non-tower-based WCF, shall obtain a building permit and a zoning permit from the Borough. The zoning permit application shall demonstrate that the proposed non-tower-based WCF complies with all applicable provisions of the Borough Zoning Code.
(2)
Timing of approval. Within 30 calendar days after an application is filed, the Borough shall notify the applicant in writing of any information that may be required to complete the application. Applications shall be acted upon within 90 days of the Borough's receipt of a fully completed application. The Borough shall advise the applicant in writing of its decision. If additional information is requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the ninety-day review period.
(3)
Permit fees. The Borough may assess reasonable permit fees directly related to the Borough's actual cost to review and process the applications for approval of a non-tower-based WCF as well as all inspection, monitoring, and related costs.
(4)
Retention of experts. The Borough may hire any expert or consultant to assist the Borough in reviewing and evaluating the applications for approval of a non-tower-based WCF and, if approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The applicant shall reimburse the Borough for all costs associated with such expert or consultant.
(5)
Prohibited on certain structures. No non-tower-based WCF shall be located on any one-family dwelling, duplex dwelling, twin family dwelling, townhouse (row) dwelling, conversion apartments (except when such conversion was from an industrial or commercial building), or any accessory building related to any of the foregoing dwellings.
(6)
Historic buildings or districts. No non-tower-based WCF shall be located on a property, building, or structure that is listed or eligible to be listed on either the National or Pennsylvania Registers of Historic Places or is included in the official historic structures list maintained by the Borough.
(7)
Development regulations. Non-tower-based WCFs shall be co-located on existing wireless support structures, such as existing buildings or tower-based WCFs, subject to the following conditions:
(a)
The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the existing building or tower-based WCF.
(b)
All non-tower-based WCF applicants shall submit documentation to the Borough justifying the total height of the non-tower-based WCF.
(c)
If the applicant proposes to locate any related equipment in a separate building, the building shall comply with the minimum requirements for the underlying zoning district.
(d)
A security fence with a minimum height of eight feet shall completely surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular movement on the site for the principal use.
(8)
Stealth technology. Non-tower-based WCF shall employ the most current stealth technology available in order to minimize aesthetic impact.
(9)
Replacement. The removal and replacement of any non-tower-based WCF and/or related equipment for the purpose of upgrading or repairing the WCF is permitted, provided that such upgrade or repair does not substantially change the overall size of the WCF or the number of antennas.
(10)
Modification. Any material modification to a WCF shall require written notice to the Borough and may be subject to additional permit approvals.
[2]
Editor's Note: See 53 P.S. § 11702.1 et seq.
G.
Non-tower-based wireless communications facilities located in the public right-of-way. In addition to the regulations set forth in § 160-49F, the following regulations shall apply to all non-tower-based WCFs located in the public right-of-way:
(1)
Co-location. Non-tower-based WCFs in the public right-of-way shall be co-located on existing poles, such as existing utility poles or light poles.
(2)
Design requirements.
(a)
Non-tower-based WCF installations located above the surface grade in the public right-of-way shall consist of equipment components that are no more than six feet in height and are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
(b)
Antennas and related equipment shall be painted or otherwise coated to be visually compatible with the structures upon which they are mounted.
(3)
Time, place, and manner. The Borough shall determine the time, place, and manner of construction, maintenance, repair, and removal of non-tower-based WCFs in the public right-of-way based on public safety, traffic management, physical burden on the right-of-way, and related considerations. For public utilities, the time, place, and manner requirements shall be consistent with the Borough's police power and the requirements of the Public Utility Code.
(4)
Equipment location. Non-tower-based WCFs in the public right-of-way shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic or to otherwise create safety hazards to pedestrians or motorists or inconvenience the public use of the right-of-way as determined by the Borough. In addition:
(a)
Whenever possible, all non-tower-based WCF-related equipment shall be installed underground.
(b)
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the curb.
(c)
Ground-mounted equipment that cannot be underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.
(d)
Any required electrical meter cabinets that cannot be underground shall be screened to blend in with the surrounding area to the satisfaction of the Borough.
(e)
Any graffiti on any wireless support structure or related equipment shall be removed at the sole expense of the owner within 10 business days after receiving written notice by the Borough.
(f)
Any underground vaults shall be reviewed and approved by the Borough.
(5)
Relocation or removal. Within 60 days following written notice from the Borough, or sooner in the case of an emergency, an owner of a non-tower-based WCF in the public right-of-way shall, at its own expense, temporarily or permanently remove or relocate any non-tower-based WCF in the public right-of-way when the Borough, consistent with its police powers and any applicable Public Utility Commission regulations, shall determine such removal or relocation is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance, or installation of any Borough or other public improvements in the right-of-way;
(b)
The operations of the Borough or other governmental entity in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement; or
(d)
An emergency as determined by the Borough.
(6)
Reimbursement for use of the right-of-way. In addition to any applicable permit fees, every non-tower-based WCF in the public right-of-way is subject to the Borough's right to annually fix a fair and reasonable fee to be paid for the use and occupancy of the right-of-way. Such reimbursement for the use of the right-of-way shall be directly related to the Borough's actual right-of-way management costs, including, but not limited to, the cost of the administration and performance of all reviewing, inspection, permitting, supervising, and other right-of-way management activities by the Borough. The owner of every non-tower-based WCF in the public right-of-way shall pay an annual fee to the Borough to reimburse the Borough for the Borough's costs incurred in connection with the activities described above.
§ 160-50 Community garage or parking lot.
As defined herein, a community parking lot is a lot of record on which the unenclosed parking or storing of automotive vehicles is the primary use of said lot, and a community garage is a lot of record on which the enclosed parking or storing of automotive vehicles is the primary use of said lot.
A.
No sale, rental, service or repair operation is permitted.
B.
All such parking lots shall meet the Borough design standards for off-street parking.
C.
In MR, NC and BC Districts, the parking or storage of trucks or trailers other than those owned and routinely used by a principal use located in the same district is prohibited.
§ 160-51 Principal supply utilities.
A.
In residential districts, no public business office shall be operated in connection with such use.
B.
Storage yards or storage buildings may be operated in connection with such use only on application to the Zoning Hearing Board for special exception and following demonstration to the satisfaction of the Board that it is essential to service customers in the district in which it is located.
C.
In new subdivisions, land developments or redevelopment areas, utility distributing and service facilities shall be installed underground unless, in the opinion of the Planning Commission, special conditions require otherwise. When the Pennsylvania Public Utilities Commission has adopted rules or orders covering underground installations, these rules or orders shall at all times apply.
D.
A buffer yard shall be provided along all property lines except properties used exclusively for rights-of-way.
§ 160-52 Apartment combined with a commercial use.
[Amended 7-12-2021 by Ord. No. 738]
A dwelling may be located in a building as an accessory use to a commercial use in the NC and BC Districts, provided that all dimensional, parking and other applicable requirements of this chapter are provided in addition to those required for the commercial use itself. In the BC District, no dwelling units shall be permitted on the first story of any building.
§ 160-53 Produce stand.
Produce stands are permitted only in LR, NC and BC Districts by special exception and subject to the following conditions:
A.
The stand shall not exceed 400 square feet of gross floor area for the sale of agricultural products.
B.
The stand shall not be located within 10 feet of any right-of-way.
C.
Temporary stands or shelters shall be erected for a maximum of 120 days per year. The stands or shelters used for such sales shall be removed during that period when not in use for the display or sale of products.
D.
In the LR District, no stand shall be erected on a lot except as an accessory use to an established principal agricultural use; and further, such stand shall be discontinued prior to or coincidental with the disestablishment of its parent agricultural use.
§ 160-54 Home occupation.
A.
The occupation or profession shall be carried on wholly indoors and within the principal building or within a building or other structure accessory thereto.
B.
There shall be no exterior display, no exterior sign (except as permitted under Article VIII), no exterior storage or materials and no other exterior indication of the home occupation or variations from residential buildings.
C.
There shall be no maintenance of a stock-in-trade or the use of show windows or displays or advertising visible outside the premises to attract customers or clients other than professional announcement signs as permitted in Article VIII.
D.
No articles are sold or offered for sale except as may be produced on the premises.
E.
No repetitive servicing by truck for supplies and material shall be required.
F.
No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
G.
The occupation shall be carried on only by members of the immediate family residing in the dwelling unit, plus not more than one additional employee.
H.
The floor area devoted to a home occupation, regardless of where it is located on a lot, shall be equivalent to not more than 25% of the around floor area of the principal residential structure, excluding ground floor area covered by an attached garage.
I.
In particular, a home occupation includes but is not limited to the following: art studio, professional office of a physician, dentist, lawyer, engineer, architect, writer, personal business office or accountant within a dwelling occupied by the same, teaching of not more than four pupils simultaneously or, in the case of musical instruction, not more than a single pupil at a time. However, among the uses that shall not be interpreted to be a home occupation are the following: animal hospital, barbershops and beauty parlors; commercial stables and kennels; funeral parlors or undertaking establishments; antique shop; and restaurants.
§ 160-55 Horticulture.
The growing of fruit, vegetables, flowers, ornamental plants or trees, including the use of greenhouses, for a profit, are allowed subject to the following requirements:
§ 160-56 Private swimming pool.
A.
A "swimming pool" is defined herein as any structure intended for swimming and/or diving purposes, made of concrete, masonry, metal or other man-made impervious material, or a combination thereof, in which the water is treated to maintain a sanitary condition and that has a water depth of 24 inches or more. This includes in-ground, above-ground/on-ground swimming pools and hot tubs/spas. Pools are permitted as an accessory use to a residential use.
B. ABOVEGROUND/ON-GROUND SWIMMING POOL BARRIER HOT TUB/SPA IN-GROUND POOL
Definitions. As used in this section, the following terms shall have the meanings indicated:
A removable swimming pool of any shape that has walls and an impervious liner that is located on the surrounding earth and may be disassembled or stored and reassembled to its original integrity.
A fence, a wall, a building wall, or a combination thereof.
A structure containing water, intended for recreational use, in which all controls, water-heating and water-circulating equipment are an integral part of the product.
A permanent swimming pool in which the surface of the water is approximately level with the surrounding around surface and the volume of water is below ground level.
C.
A swimming pool is permitted as an accessory use to a residential dwelling unit subject to the following:
(1)
An outdoor swimming pool, including an in-ground, aboveground/on-ground pool and hot tub/spa, shall be provided with a barrier that completely surrounds the swimming pool, which shall comply with the following:
(a)
The top of the barrier shall be at least 48 inches (four feet) above grade, measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches, measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be two inches.
(b)
Openings in the barrier shall not allow passage of a four-inch-diameter sphere.
(c)
Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
(d)
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches in width.
(e)
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed four inches.
(f)
Maximum mesh size for chain link fences shall be a one-and-one-fourth-inch square, unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 1 3/4 inches.
(g)
Where the barrier is composed of diagonal members, such as lattice fence, the maximum opening formed by the diagonal members shall be no more than 1 3/4 inches.
(h)
Access gates shall comply with the requirements of Subsections C(1)(a) through (g) above and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the following shall apply:
(i)
Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.
(2)
A zoning permit shall be required to locate or construct an in-ground swimming pool.
(3)
Swimming pools, including any associated decking, patios, filters, heaters, and other equipment and appurtenances, shall be located only in rear yards and shall not be located within 10 feet of any lot line or building.
[Amended 8-12-2019 by Ord. No. 727]
(4)
The pool may be lighted by underwater or exterior lights, or both, provided that all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to neighboring properties. Underwater lighting shall be in compliance with the applicable National Electrical Code.
(5)
There shall be no cross-connection with a public sewerage system.
(6)
The permanent inlet shall be above the overflow level of the pool.
(7)
At the time of application for a zoning permit, it shall be demonstrated that the drainage of the pool is adequate and will not interfere with the water supply system, with existing sewage facilities and with public streets and shall not drain onto a neighboring property.
(8)
A dense planting of trees and shrubs shall be established and maintained between the pool and all property lines to protect the adjoining properties from noise arising from mechanical equipment and activities in and around the pool.
§ 160-57 Rooming house.
A.
A "rooming house" is defined herein as a building arranged or used for rooming, with or without meals, but for compensation, provided that:
(1)
A rooming house must be an accessory use to a single-family dwelling.
(2)
Accommodations must be for three or fewer persons and for periods of one week or more.
(3)
No facilities for cooking shall be provided in individual rooms or suites.
(4)
No structural alterations of the building exterior shall be made except as may be necessary for purposes of safety.
(5)
The dimensional, parking and other applicable requirements of this chapter for the district in which such rooming house is located shall not be reduced.
B.
In MR and NC Districts, the establishment of a rooming house as an accessory use shall be authorized only for large single-family detached dwellings that have an existing floor area of 1,500 square feet, plus 300 square feet for each roomer; and the lot on which such rooming house is located shall have a lot area, in addition to other lot area requirements as may be required by this chapter, of not less than 500 square feet for each roomer.
§ 160-58 Temporary structures and uses.
A temporary permit may be issued for structures or uses accessory during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions:
A.
The life of such permit shall be only for the period required and shall not exceed six months, renewable at additional three-month intervals, not to exceed a maximum life of one year, unless, owning to special circumstances, additional life is required and special exception is authorized by the Zoning Hearing Board.
B.
Temporary nonconforming uses shall be subject to authorization by the Zoning Hearing Board by special exception.
C.
Such structure or use shall be removed completely upon expiration of the permit without cost to the Borough.
§ 160-59 Accessory buildings; private garages.
A.
Residential accessory building. A dwelling for parents, grandparents or other relatives by blood, marriage or adoption of the resident property owners; for domestic servants or caretakers employed on the premises; and for occasional gratuitous guests.
(1)
The accessory residential building may be attached to the principal building or may be a detached building.
(2)
Only one residential accessory use shall be allowed per property which is non-income-producing.
(3)
The lot must conform to the minimum lot area requirements for a single-family detached dwelling in the applicable zoning district.
(4)
A permit from the Bucks County Department of Health shall be required for the sewage facilities prior to the issuance of a zoning permit.
(5)
The minimum yard and setback requirements for a single-family dwelling for the applicable zoning district shall be met.
(6)
Parking. Existing parking spaces shall not be diminished, and an additional parking space shall be provided for each additional vehicle.
(7)
The Borough will maintain a list of accessory residential buildings which will be reviewed and recertified annually.
B.
Accessory buildings; private garages.
(1)
In the LR District, a private garage or other accessory building shall not be permitted in the required front yard but may be erected within a rear or side yard if entirely separated from the main building and located at least 10 feet farther back from the front street line than the rearmost portion of the principal building and at least six feet from the side or rear yard lines.
(2)
In MR and NC Districts, a private garage or other accessory building shall not be permitted in the required front yard but may be erected within a rear or side yard if entirely separated from the principal building and either five or more feet or zero feet from both the side and rear yards. When a private garage or other accessory building is located on a side or rear lot line, an access easement shall be provided along each yard to allow for necessary maintenance of the building.
(3)
In all other zoning districts, private garages or other accessory buildings shall be located and erected in accordance with the standard dimensional requirements for the district in which such garage or accessory building is located.
§ 160-60 Other accessory uses.
Accessory uses customarily incidental to permitted principal uses are permitted in all districts subject to the following requirements:
A.
When any use is proposed as an accessory use under this section and where such use is listed herein as a permitted principal use in one or more zoning districts, then permission to establish any such use shall be granted only by special exception.
B.
Such accessory uses shall be accessory only to permitted or conforming principal uses.
C.
Clear demonstration shall be made that any such accessory use is related to, supporting of and commonly associated with, yet clearly incidental to, the parent principal use.
D.
Generally, such accessory uses shall be conducted within a principal building, and under no conditions shall such accessory use involve outdoor storage or display of goods which are covered by other provisions of this chapter.
E.
Retail sales may be included among those accessory uses deemed appropriate, provided that they are conducted primarily for the convenience of the employees or occupants of the principal use.
§ 160-61 Adult-oriented uses.
[Amended 12-11-2023 by Ord. No. 743]
A.
The structure containing such use shall be no less than 500 feet from any church or other place of worship, school, or day-care center.
B.
No display of material depicting sexual activities or sexual anatomical areas shall be visible from a window, door, or exterior of the building.
C.
Adult-oriented uses are permitted only in the Industrial District by special exception, and then only upon a finding by the Zoning Hearing Board that such use:
§ 160-62 Mobile homes.
A.
No more than one mobile home shall be placed on a single parcel, and such mobile home shall be occupied by not more than a single family.
B.
Mobile homes shall be subject to the following requirements: Each mobile home shall be placed on a permanent foundation of at least eight poured concrete or masonry pillars set on a concrete base at least eight inches thick. The pillars shall be spaced no more than 10 feet apart, with the end piers being no farther than five feet from the ends of the unit. The pillars shall be at least one foot by two feet in size and at least 36 inches below grade. Each pillar shall have installed a tie-down ring to which the mobile home shall be secured.
C.
The exterior covering material of the mobile home shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior material need not extend below the top of the foundation.
D.
All mobile home tow bars, wheels and axles shall be removed when the dwelling is installed on a residential lot.
§ 160-63 Mobile home park.
A.
Dimensional requirements shall be as follows:
C.
Use regulations. A mobile home park may include the following, provided that the requirements of this and any other pertinent sections are met:
(1)
Mobile home.
(2)
Accessory uses on individual lots customarily incidental to individual mobile homes as provided in Article IV, § 160-21B(2), Accessory uses.
(3)
A building or mobile home for office space for the manager of said mobile home development.
D.
The following conditions shall apply to all mobile homes:
(1)
No more than one mobile home shall be placed on a mobile home lot, and such mobile home shall be occupied by not more than a single family.
(2)
The exterior covering material of the mobile home shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior material need not extend below the top of the foundation.
(3)
Each mobile home shall be placed on a permanent foundation of at least eight poured concrete or masonry pillars set on a concrete base at least eight inches thick. The pillars shall be spaced no more than 10 feet apart with the end piers being no farther than five feet from the ends of the unit. The pillars shall be at least one foot by two feet in size and at least 36 inches below grade. Each pillar shall have installed a tie-down ring in which the mobile home shall be secured.
(4)
Each mobile home shall be served by and connected to a public sanitary sewer disposal system and public water supply. Internal streets shall have hydrants placed so that no mobile home is more than 600 feet from a hydrant. Each lot shall be equipped with a sewer riser pipe and water riser pipe.
(6)
Parking. Two spaces for three bedrooms or fewer or three spaces for four bedrooms or more shall be required. An additional 0.5 off-street parking space per mobile home lot shall be provided in a common parking area for visitors.
(7)
Every mobile home shall have access to an improved street in the mobile home park in accordance with Chapter 135, Subdivision and Land Development.
(8)
Submission of master plan. The mobile home park shall be constructed in accordance with an overall plan and shall be designed as a single or common operating and maintenance unit under one ownership, unless an approved subdivision plan has been recorded, in which case individual lots may be sold pursuant to such plan.
§ 160-64 Mixed principal uses.
A.
In the NC, BC and I Districts, principal permitted uses may be mixed on the same lot only when authorized by special exception. The following additional conditions shall apply:
(1)
In the NC District, gasoline-dispensing facilities, retail stores and businesses, sit-down restaurants and taverns and utilities and transportation uses may be mixed with each other, but not with any other permitted use.
(2)
In the BC and I Districts, use groups in commercial, industrial or utilities and transportation categories may be mixed with each other, but not with any other permitted use and not within any residential use and not within any building attached or connected to any residential use on an adjacent lot, whether permitted or existing as a lawful nonconforming use.
B.
In all districts, the yard dimensions and lot area, densities, open spaces, building bulk standards and parking requirements ordinarily applicable shall apply on an individual and separate basis, although aggregated on the same lot, whether the uses are mixed as permitted in this chapter or by special exception.
§ 160-65 Prohibited uses.
A.
No building may be erected, altered or used and no lot or premises may be used in any district from any use which is noxious or offensive by reason of odor, which constitutes a public hazard by reason of fire, explosion, odor, dust, vibration, illumination or noise or otherwise (as established in Article VII). Specifically, any use or proposed use shall not:
(1)
Constitute a public nuisance beyond a zoning district boundary line by reason of noxious, toxic or corrosive fumes, smoke, odor or dust.
(2)
Result in excessive noise or vibration.
(3)
Endanger surrounding areas by reason of fire, explosion or otherwise.
(4)
Contribute to the pollution of water or air.
(5)
Create any other objectional condition beyond a zoning district.
B.
The applicant, as a condition of approval of a permit application, shall demonstrate that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed uses will not be noxious, hazardous or offensive, as defined above. In order to determine that adequate safeguards are provided, the Zoning Officer or the Zoning Hearing Board may:
§ 160-66 Maximum building heights.
A.
No building shall exceed the maximum heights specified in Article IV for each applicable zoning district; except, however, in zoning districts where building heights above these maximum limitations are specifically suggested pursuant to this section, then the following regulations shall also apply.
B.
The Zoning Hearing Board may waive the maximum building height by special exception in zoning districts, provided that:
(1)
Such increase does not exceed 100%.
(2)
Adequate measures are taken to ensure adequate fire protection and other public safety matters.
(3)
Generally, each required yard and the building setback line shall be increased one foot for each foot or portion thereof that the proposed building height exceeds the applicable district limitation; however, such increases are not mandatory and may be reduced or eliminated where it is demonstrated that the location of any proposed building with an increased building height shall not unreasonably deprive any other building or any portion of any adjacent lot or building of light or air.
(4)
For each four feet of increased building height, the maximum permitted building area shall be decreased 1%, such reduction not to exceed 1/4 of the required building area.
§ 160-67 Maximum structural heights.
The maximum height limitations of this chapter shall not apply to church spires, belfries, cupolas, monuments, silos, domes or any other structure not intended for human occupancy, nor to windmills, antennas, chimneys, ventilators, skylights, water tanks or other necessary mechanical appurtenances normally built above the roof level. Such building appurtenances, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve.
§ 160-68 Traffic visibility across corners.
In all districts except BC, no structure, fence, planting or other structure shall be maintained between a plane two feet above curb level and a plane seven feet above curb level so as to interfere with the traffic visibility across the corner within a triangle bounded by the street lot line and a straight line drawn between points on each such lot line 25 feet from the intersection for said lot lines or extension thereof.
§ 160-69 Building setbacks on corner lots and double frontage lots.
In cases where lots have frontage along two or more streets, the minimum building setback requirement shall apply to each street according to the minimum requirements for the district in which the lot is located.
§ 160-70 Front yard exception.
A.
Wherever in any zoning district the present setback of existing buildings is greater than the minimum provided, the required setback of a building hereafter erected shall be the same as or greater than the present setback of existing buildings in the same block on the same side of the street, except when a special exception is authorized.
B.
Wherever in any zoning district the present setback of existing buildings is less than the minimum requirement for the district involved, the required setback of any building hereafter erected shall be at least the average setback formed by the alignment of existing buildings within 100 feet on each side of the proposed building and within the same block.
§ 160-71 Side yard exception.
A.
In cases where party walls are permitted between principal buildings, such as single-family attached dwellings, no side yards are required for any building located upon such party wall lot line.
B.
On lots along the boundaries of districts where no side or rear yard is normally required, side and rear yards shall be provided, if such yards are required in the adjacent district. The dimension of such side or rear yard shall be equal to that required in the district on which such lot abuts.
§ 160-72 Rear yard requirement for triangular lots.
In the case of a triangular lot with no rear lot line, the distance between any point on the building and the corner of the lot farthest from the front lot line shall be at least twice the minimum rear yard requirement for that district.
§ 160-73 Permitted uses in yards.
A.
Projections. Unenclosed, ground-story terraces, patios and porches may project into any required yard not more than 1/2 of its required dimension and not more than 10 feet in any case. Chimneys, flues, columns, sills and ornamental architectural features may project not more than two feet into a required yard.
B.
Fences.
(1)
Fences or walls erected within the required front yard shall not exceed four feet in height and shall be constructed in a manner such that not greater than 40% of the total facade of the fence shall be of opaque materials. Solid retaining walls that do not extend in height greater than the first floor elevation shall be exempted from this section.
(2)
No fence or wall shall be permitted within the ultimate right-of-way line of any public street or alley.
(3)
Fences erected within the required rear or side yards or in front of any building, but not within the required front yard, shall not exceed six feet in height; except fences to enclose tennis courts, swimming pools, playgrounds or other recreational area, provided that such fence is chain link, open wire or other nonopaque style, which may be erected to a height of not greater than 12 feet.
§ 160-74 Walls not parallel to lot line.
Where a wall of a building is not parallel with its corresponding lot line, the required width or depth of any yard or setback on that side of the building shall be taken as the average width or depth, provided that said yard or setback shall not be narrower at any point than 3/4 of the required width or depth.