Spring City City Zoning Code
ARTICLE XII
Use Regulations
§ 525-52 Applicability of regulations.
A.
Except as provided by law or in this chapter, in each district, no building, structure, or land shall be used or occupied except for the purposes permitted in Article IV through Article XI and in accordance with the regulations of § 525-54. Unless otherwise specified in this chapter, on any property, parcel, or tract of land, only one principal use shall be permitted.
§ 525-53 Uses subject to other regulations.
A.
Uses permitted by right, conditional use, or special exception shall be subject, in addition to the use regulations of § 525-54, to such regulations of yard, lot size, lot width, building area, easements, provisions for off-street parking and loading, landscaping and buffering, and to such other provisions as specified in this chapter. Where ordinance regulations conflict, the more restrictive shall apply.
B.
The laws of the commonwealth and the regulations of the Chester County Department of Health regarding water supply and waste disposal shall be adhered to. Further, no building permit shall be issued until approval is obtained from the Chester County Department of Health for sewage disposal, unless the premises are served by public sewage facilities.
§ 525-54 Uses subject to specific regulations.
[Amended 10-2-2006 by Ord. No. 481; 8-7-2023 by Ord. No. 567; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Residential uses.
(1)
(A1) Home occupations. A home occupation is an activity, conducted for gain by person(s) residing on the premises, that is clearly subordinate to the existing residential use of the property. There shall be two categories of home occupations: major and minor. These uses shall only be permitted in accordance with the standards set forth below.
(a)
Minor home occupations. Minor home occupations shall be permitted by right in those districts where minor home occupations are a permitted use. A minor home occupation shall meet each of the following criteria:
[1]
The use is carried on only by the inhabitants of the dwelling;
[2]
The use does not involve any customer or client visits to the dwelling and there are no direct sales of products on the site;
[3]
There is no exterior indication, including but not limited to signs, advertising or other display, that a home occupation is located on the premises;
[4]
Commercial pickup and delivery of goods and supplies is limited to no more than once a week, exclusive of normal United States Postal Service and parcel service beyond normal residential pickup and delivery service.
[5]
The floor area devoted to the use does not exceed 25% of the ground floor area of the principal residential structure or 400 square feet.
(b)
Major home occupations. A proposed home occupation that does not meet all five of the criteria in § 525-54A(1)(a), above, shall be defined as a major home occupation. Major home occupations shall be permitted by special exception in those districts where major home occupations are a permitted use.
(c)
A proposed use which cannot meet any of the criteria in § 525-54A(1)(a), above, shall not be permitted as a home occupation.
(d)
The Code Enforcement Officer shall determine whether a proposed home occupation is defined as major or minor. The applicant shall be responsible for supplying such information as deemed necessary by the Code Enforcement Officer to make this determination. The following procedure for approval and permitting shall apply:
[1]
Upon determining that the proposed use is defined as a minor home occupation and is in conformance with the requirements of this chapter, the Code Enforcement Officer shall issue a permit.
[2]
Where the Code Enforcement Officer determines that the proposed use is a major home occupation, the use shall be permitted only as a special exception and shall require review and approval by the Zoning Hearing Board in accordance with the provisions of § 525-96, Granting of special exceptions. The Zoning Hearing Board may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this chapter. Following approval, the Code Enforcement Officer shall issue a permit.
(e)
A home occupation permit shall not be transferable to another person or property. The following limitations shall apply to a home occupation permit:
[1]
The permit shall only be valid for the person and on the property for which it was originally issued.
[2]
In the event that a property with an existing home occupation is sold or leased to someone other than the original permit holder, the new owner or lessor shall be required to obtain a home occupation permit, demonstrating full compliance with the requirements of this chapter and other applicable regulations.
(f)
General standards. Unless otherwise stated, the following regulations shall apply to all home occupations, whether permitted by right or by special exception:
[1]
A home occupation shall be conducted within a dwelling which is a bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with the residential use. The home occupation shall be carried on wholly indoors.
[2]
All applicants for a home occupation use shall be required to obtain a permit in accordance with the requirements of § 525-54A(1)(a) through (d) prior to beginning operation of the use.
[3]
In no way shall the appearance of the residential structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character by the use of materials, construction, lighting, show windows, signs, or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter. No interior display of goods shall be visible from the outside.
[4]
For a major home occupation, the total area used for such purposes, whether in the principal or accessory structure, shall not exceed the equivalent of 50% of the ground floor area of the principal residential structure. For a minor home occupation, the maximum size shall be as stated in § 525-54A(1)(a)[5].
[5]
No more than one person, other than resident members of the immediate family, may be employed or subcontracted at the residence. Use of nonresident employees shall have prior approval from the Zoning Hearing Board.
[6]
No articles shall be sold or offered for sale on-site except such as may be produced on the premises. Sale of such products shall have prior approval from the Zoning Hearing Board, as required for a major home occupation.
[7]
For a major home occupation, no more than one sign shall be permitted per property providing that it is no larger than two square feet per side bearing only the name, occupation, telephone number, and office hours of the practitioner. In addition, it shall not be illuminated, animated, or placed in a window. No signs shall be permitted for minor home occupations.
[8]
All commercial vehicles shall be parked on the same lot as the home occupation. Only one commercial vehicle may be parked outside of a garage, an enclosed structure, or a parking space which is screened from view at the street line.
[9]
There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.
[10]
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust, or electrical interference detectable to normal senses beyond the property line which is in excess of levels customarily generated by a residential use. No equipment or process shall be used which creates visible or audible interferences in any radio or television receivers off the premises.
[11]
There shall be no storage or use upon the premises of toxic, explosive, polluting, dangerous, or other substances defined as hazardous by the Pennsylvania Department of Community and Economic Development or the Department of Environmental Protection.
[12]
With the exception of home day care, no home occupation activity shall be conducted between the hours of 8:00 p.m. and 8:00 a.m. which involves individuals entering or leaving the premises or mechanical operations.
[13]
Deliveries from major commercial suppliers which may be disruptive to the neighborhood shall not be made prior to 8:00 a.m. or later than 8:00 p.m.
[14]
Off-street parking shall be provided in sufficient capacity to prevent interference with normal residential parking in the neighborhood.
[a]
In addition to the off-street parking spaces required for the particular residential use concerned, a major home occupation use shall provide one off-street space per 200 square feet of total floor area used for the home occupation where customers or clients are expected, plus one space for each nonresident employee.
[b]
A maximum of five off-street parking spaces are permitted on one lot inclusive of the required residential parking. The maximum lot coverage of the district shall not be exceeded.
[c]
Off-street parking spaces required for the home occupation are not permitted in front yards. All off-street parking spaces shall be located at least five feet from any property line. Off-street parking lots with no more than four spaces shall be screened from abutting residences in accordance with § 525-59C, Off-street parking landscaping requirements, of this chapter. Alternately, a wooden fence may be erected as a visual screen with a minimum height of four feet.
[15]
Home occupations shall not include the following:
[a]
Animal hospitals.
[b]
Commercial stables and kennels.
[c]
Funeral parlors or undertaking establishments.
[d]
Bed-and-breakfast.
[e]
Restaurants.
[f]
Medical or dental clinics.
[g]
Gift shops.
[h]
Rental businesses.
[i]
Furniture stripping.
[j]
Rooming houses, boardinghouses, or lodging houses.
[k]
Auto repair.
[l]
Painting of vehicles, trailers, or boats.
[m]
Private schools with organized classes.
[n]
Welding shops.
[o]
Other uses of similar character.
(g)
Standards applicable to specific home occupations. The following provisions shall apply to specific home occupations as defined below:
[1]
Personal services. Personal services include, but are not limited to, barbers, beauticians, or photographers. Such uses shall meet the following provisions:
[2]
Instructional services. An instructional service is a home occupation in which the practitioner provides the client with special instruction in a specific area of study. Such uses shall meet the following provisions:
[a]
The establishment of this home occupation shall not require a room or series of rooms specifically designed for this purpose.
[b]
Instructional services involving a maximum of two students at a time are permitted.
[c]
No persons shall be employed other than resident members of the immediate family.
[3]
Home day care. The following provisions shall apply to accessory home day care uses:
[a]
Family day care. A family day care use is a facility in which care is provided for four to six children at any one time, who are not relatives of the caregiver, where the child care areas are being used as a family residence.
[i]
Prior to final approval of the use and issuing of a permit by the Code Enforcement Officer, the applicant shall receive and hold all pertinent approvals and registration certificates from appropriate state or county agencies as a condition of permit approval and continuation.
[ii]
The use shall be conducted in a building designed for residential occupancy and for the safety and well-being of the occupants.
[iii]
A minimum outdoor play area of 200 square feet of contiguous area shall be provided for each child as a recreational area for the children.
[iv]
Family day care uses shall be permitted only as an accessory use in a single-family detached dwelling. There shall be no alterations to exterior facades of residential structures to accommodate accessory day care facilities in a residential district, except for safety purposes which shall be confined to rear or side walls not visible from any public right-of-way.
[v]
In addition to the off-street parking required for a single-family home, at least one additional parking space is required for each employee.
[vi]
The outdoor play area, if within 500 feet of any street with a classification higher than residential service, nonresidential parking lot, water body, or any such safety hazard, shall be enclosed by a fence with a minimum height of four feet or natural barrier suitable to prevent children from crossing.
[b]
Group day care. A group day care use is a facility in which care is provided for more than six but no more than 11 children, where the child care areas are being used as a family residence. The following criteria shall be met.
[i]
All standards noted above for family day care uses shall be met.
[ii]
Such uses shall be permitted only in single-family detached dwellings.
[iii]
Minimum lot area: 25,000 square feet.
[iv]
Group day care facilities shall not be located closer than 1,000 feet to any other such use within any residential district.
[v]
Safe off-street loading passenger space and adequate stacking capacity to avoid interference with any adjacent street shall be provided.
[vi]
Prior to final approval of the use and issuing of a permit by the Code Enforcement Officer, the applicant shall receive and hold all pertinent approvals and licenses from appropriate State or county agencies as a condition of permit approval and continuation.
(2)
(A2) Residential conversions. The conversion of an existing building into two or more dwelling units shall be subject to the following regulations:
(a)
Single-family detached or two-family semidetached dwellings which are converted shall maintain the appearance of the original dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may share the single front entrance. Exterior stairways and fire escapes shall be located on the rear wall in preference to either the side and, in no case, on a front or side wall facing a street.
(b)
Except as necessary for purposes of safety in accordance with the preceding Subsection A(2)(a), there shall be no major structural change in the exterior of the building in connection with the conversion. After conversion, the building shall retain substantially the same structural appearance it had before such conversion.
(c)
All applicable Borough Building Code and Chester County Health Department regulations and permit requirements regarding the installation of kitchen and bathroom facilities and septic systems (where applicable) shall be followed and indicated on all plans. Approval by all applicable agencies is required prior to issuance of a building permit.
(d)
Separate kitchen and bathroom facilities shall be provided for each dwelling unit.
(e)
Trash receptacles shall be screened so as not to be visible from the street or abutting properties except on scheduled pickup days.
(f)
The following minimum floor area requirements shall be met:
Type of Unit | Minimum Floor Area (square feet) |
|---|---|
Efficiency | 500 |
1 bedroom | 600 |
2 bedrooms | 750 |
3 bedrooms | 850 |
[1]
A minimum 120 square feet of floor area for each additional bedroom, den, family room, or recreation room shall be required.
(g)
Residential conversions shall not be permitted on an existing nonconforming lot or in a nonconforming structure.
(h)
The following minimum area requirements shall be met per dwelling unit:
Zoning District | Minimum Area Per Dwelling Unit (square feet) |
|---|---|
R-2 | 4,500 |
R-3 | 2,500 |
DC | 2,500 |
(i)
Parking requirements.
[1]
Off-street parking spaces shall be located to the side or rear of the converted structure.
[2]
Off-street parking lots with five or more spaces shall be buffered from abutting residences in accordance with § 525-59C, Off-street parking landscaping requirements, of this chapter. Alternately, a wooden fence may be erected as a visual screen with a minimum height of four feet.
[3]
The parking spaces shall have unrestricted ingress and egress to the street.
[4]
Required off-street parking shall be surfaced with an all-weather material such as macadam, gravel, pervious paving, or other similar material.
(3)
(A3) Manufactured home park. A manufactured home park is a parcel of land under single ownership which has been planned and improved for the placement of manufactured homes for nontransient use, consisting of two or more manufactured homes. Manufactured home parks, where permitted, shall be designed in accordance with the standards set forth below:
(a)
(b)
Maximum gross density: eight homes per acre.
(d)
Service buildings. Within a manufactured home park, nonresidential uses such as a management office, storage facilities for the park residents, laundry facilities, maintenance building, and storage for park maintenance equipment, and a community room for the use of the park residents may be constructed subject to the following standards: A maximum of 10% of the site area may be used for these purposes. Included in computing the area shall be the buildings, parking, and all required buffer yard requirements.
(e)
Recreational facilities. A minimum of 10% of the site shall be utilized for recreational facilities or areas including, but not limited to tennis courts, playground areas, or other recreational facilities approved by Borough Council. These recreational areas may be included in the required open space.
(f)
Off-street parking.
[1]
Two off-street parking spaces shall be provided for each manufactured home lot.
[2]
Additional parking spaces for vehicles of nonresidents shall be provided at the rate of two spaces for each 10 units. Such parking spaces may only be provided as additional off-street common parking spaces.
[3]
Parking shall be prohibited on internal roads and it shall be the duty of the owner or operator of the manufactured home park to enforce this provision.
(g)
In addition to the above area and dimensional requirements, the following conditions shall apply:
[1]
No more than one manufactured home shall be placed on a manufactured home lot.
[2]
The area between the ground level and the perimeter of the manufactured home shall be enclosed by skirting of compatible design and material. The hitch which is employed for the normal movement of the unit shall be removed.
[3]
Plans for any manufactured home park shall be submitted in conformance with the Chapter 450, Subdivision and Land Development.
[4]
Every manufactured home shall have access to an improved street in the manufactured home park in accordance with the Borough Subdivision and Land Development Ordinance.
[5]
No lot shall be rented for residential use of a manufactured home in any such park except for periods of 90 days or more.
(4)
(A4) Life care facility. A life care facility is a form of residential use designed and operated for mature adults, of 55 years of age or over, containing certain support facilities specifically designed for these individuals. This use shall be subject to the following provisions:
(a)
Area and bulk regulations.
[1]
Minimum site area: five acres.
[2]
Minimum front yard: 75 feet.
[3]
Minimum side yards: 50 feet.
[4]
Minimum rear yard: 50 feet.
[5]
Minimum lot width: 150 feet.
[6]
Maximum lot coverage: 30%.
[7]
Maximum building coverage: 20%.
[8]
Maximum density: 10 units per acre.
[9]
Maximum height: three stories, 35 feet.
(b)
Support facilities.
[1]
Retail facilities shall be for the use of residents and their guests only. No outside advertising is permitted. The life care retail facilities may occupy no more than 1% of the total floor area of all buildings. Retail facilities shall be limited to the following uses:
[2]
Life-care nursing facilities shall be designed for the temporary and long-term care of the residents of the life-care facility. Long-term nursing beds within this facility shall not exceed one bed per three dwelling units. Two beds shall be equivalent to one dwelling unit in the determination of density.
[3]
Other support facilities may include, but are not limited to, lounge areas, reading rooms, craft rooms, common dining facilities, and recreational rooms.
(c)
Open space and passive recreational area.
[1]
At least 25% of the site area shall be maintained as open space which shall not include detention basins, parking lots, accessory buildings, or any impervious surfaces except those used for recreational purposes.
[2]
At least 20% of the site, which may be considered part of the open space, shall be developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks. Outdoor sitting areas shall be landscaped and shall not be located on areas subject to flooding or on slopes in excess of 5%.
(d)
Where the life-care facility is not located within 1/4 mile to basic services such as post office, bank, grocery store, library, public transportation, etc., the developer shall outline a transportation service for the residents of the life-care facility, to be provided by the owner or manager, providing access to these facilities at reasonable intervals.
(e)
The life-care facility shall be designed to provide efficient pedestrian access between dwelling units, parking, community facilities, and open space areas. Where applicable, pedestrian access shall be provided to mass transit locations.
B.
Institutional uses.
(1)
(B1) Nursing home. A licensed nursing home or convalescent home shall be subject to the following provisions:
(b)
A minimum lot area of not less than 1,000 square feet per bed shall be provided.
(c)
Each nursing home facility shall provide an outdoor sitting facility. This sitting area shall be landscaped and shall not be located adjacent to parking lots, arterial highways, detention or retention basins, and shall not be located on areas subject to flooding or on slopes over 5% grade.
(d)
Parking areas shall be adequately screened when situated within 50 feet of land zoned for or in residential use.
(2)
(B2) Educational facility. A public school or private school, religious or nonreligious, which is not conducted as a private gainful business and is licensed under the proper governmental authority shall be subject to the following provisions:
(a)
Access shall be taken from a collector street as defined in Chapter 450, Subdivision and Land Development, of the Code of the Borough of Spring City.
(c)
Outdoor play areas shall be 75 feet from side and rear property lines. Outdoor play areas shall be sufficiently screened to protect adjacent residential neighborhoods from inappropriate noise and other disturbances.
(3)
(B3) Hospital. A licensed hospital or medical center which has a full-time staff and provides primarily inpatient care shall be subject to the following provisions:
(a)
Access shall be from a collector street as defined in Chapter 450, Subdivision and Land Development, of the Code of the Borough of Spring City.
(c)
Where the use adjoins existing residential uses, buffer planting shall be provided in accordance with the requirements of § 525-59B, Buffering, screening and landscaping, of this chapter. Care shall be taken to locate emergency and service entrances where they are not offensive to adjoining neighbors.
(d)
Any such use providing convalescent care or care for the chronically sick shall provide an additional lot area of not less than 1,000 square feet per bed in use for such long-term care.
(4)
(B4) Community center. A community center, adult education center, or other similar facility operated by an educational, philanthropic, or religious institution shall be subject to the following provisions:
C.
Commercial uses.
(1)
(C1) Mixed use. Subject to the following, a mixed use shall consist only of those principal uses which are permitted by right within the underlying zoning district unless otherwise specified herein.
(a)
Mixed use by conditional use. Mixed use (residential) shall be permitted by conditional use within in the General Commercial (GC) District.
(b)
Mixed use by right. Mixed use (nonresidential) shall be permitted by right within the Downtown Commercial (DC), General Commercial (GC), and Industrial (I) Zoning Districts.
(c)
Conforming lot required. A mixed use shall only be permitted on a single conforming lot.
(d)
Building occupancy. A mixed use may occupy an existing building or group of buildings that are capable of being occupied in accordance with the Spring City Borough Code.
(e)
Public sewer and water. A mixed use shall be served by public sanitary sewage disposal facilities and public water supply facilities.
(f)
Form standards. A mixed use must meet with the following minimum standards which shall supersede any contrary standards applicable within the underlying district:
(g)
Vehicular access. A mixed use must comply with the following:
[1]
One designated point of vehicular ingress/egress for the property shall be required for every 1,000 aggregate vehicular trips per day.
(h)
Off-street parking and loading requirements.
[1]
The required minimum number of off-street parking spaces for all nonresidential uses within a mixed use shall be equivalent to the aggregate number of the minimum number of off-street parking spaces required for each individual use, as specified within § 525-57 of this chapter.
[2]
The required minimum number of off-street parking spaces for all residential uses within a mixed use shall be one space for an efficiency or one-bedroom unit, and two spaces for all other units.
[3]
A mixed use shall also provide one designated off-street loading space for every 20,000 square feet of gross floor area for the cumulative nonresidential uses plus one loading space for each 50 residential units.
(i)
Site circulation. The site shall provide driveway and fire lane access sufficient to accommodate emergency management and response vehicles.
(j)
Conditional use standards for mixed use (residential). In the addition to the general standards contained in § 525-87B of this chapter, the following specific conditional use standards shall apply to a mixed use (residential):
[1]
Required plans and studies. Along with the submission of an application, the application shall submit 12 copies of the following:
[a]
A traffic study prepared by a licensed transportation engineer;
[b]
A shared parking analysis that projects parking needs based on the peak hour of parking demand, prepared by a traffic engineer;
[c]
A fully engineered site plan for the property prepared by a licensed engineer which depicts existing features and the proposed development;
[d]
Architectural renderings and elevations prepared by a licensed architect; and
[e]
Floor plans for any buildings which will contain a dwelling unit.
[2]
Permitted residential uses. Residential uses shall be limited to townhouses and multiple-family.
[3]
Maximum density. The maximum density permitted for the residential uses shall be equivalent to 20 residential dwelling units per acre.
[4]
Maximum residential floor area. The residential uses within a mixed use (residential), in aggregate, shall occupy at least 40%, but no more than 80%, of the total gross floor area of the mixed use.
[5]
Increases in building height and maximum residential floor area. As part of the conditional use approval, the applicant may be approved, with conditions, for an increase in the maximum building height, up to a maximum of 65 feet, and an increase in the maximum permitted residential floor area, up to a maximum of 85%, if the applicant can adequately demonstrate the impact of the additional height and floor area on fire safety and traffic will be nominal, taking into consideration the installation of fire suppression systems, the capabilities of emergency responders, the adequacy of the property's access for first responders, general site access, any existing and proposed off-site traffic improvements, availability of public transportation, existing and proposed on-site improvements for alternative pedestrian and bike traffic, the anticipated usage of those alternative improvements, and other proposed mitigation efforts, as well as any other relevant factors.
[6]
Reduction in required off-street parking spaces. As part of the conditional use approval, the applicant may be approved, with conditions, for a decrease in the minimum required off-street parking spaces required pursuant to § 525-54C(1)(h)[2] for one-bedroom apartments, reduced to no less than one per unit, if the applicant can adequately demonstrate the impact of the reduction in required off-street parking to the risk of overflow parking and circulation will be nominal taking into consideration any proposed mitigation efforts, controls to ensure dedicated parking spaces for tenants and guests (e.g., parking permits, restricted parking areas, leases for parking spaces, etc.), the hours of the proposed nonresidential uses, peak hours of parking related to the residential uses relative to the nonresidential uses, and the opportunity for shared parking between the uses, as well as any other relevant factors.
[7]
Phasing of nonresidential uses prohibited. Mixed use (residential) developments shall not be constructed in phases, and at least 50% of the nonresidential space shall be occupied or utilized prior to any initial occupancy of the residential uses.
(2)
(C2) Shopping center/major retail use. A shopping center in which three or more retail uses are located in one building or on a single lot and which is preplanned and designed as a complex of related structures and circulation patterns shall be subject to the following criteria. Such criteria shall also apply to any single proposed retail use 20,000 square feet or more in gross floor area. Where only two uses are proposed and the combined square footage is less than 20,000 square feet, the criteria for mixed use (C1) shall be met:
(a)
The minimum required lot area shall be two acres and in no case shall the lot area be less than 5,000 square feet per use.
(b)
No building or permanent structure, other than a permitted sign, shall be erected within 50 feet of a street line or a property line. No parking or loading or service area shall be located less than 25 feet from any property line and less than 10 feet from any street line.
(c)
Primary access shall be from a collector street as defined in Chapter 450, Subdivision and Land Development, of the Code of the Borough of Spring City.
(f)
Outdoor storage and display shall conform to the provisions of § 525-54F(5).
(g)
Establishments furnishing shopping carts shall provide defined areas on the site for the storage of such carts which shall be clearly marked and designed for their storage.
(h)
Trash receptacles for patron use shall be provided outside any establishment with takeout service or convenience shopping.
(i)
Any establishment which is designed to provide services for more than 30 individuals at one time shall be designed to accommodate access from mass transit vehicles. Suitable pedestrian access to mass transit stops on or adjacent to the property shall be provided.
(3)
(C3) Amusement hall/arcade. An entertainment facility operated as a gainful business within a building or structure providing automatic amusement devices or games, including pool or billiard rooms or similar facilities, shall be subject to the following provisions:
(a)
An automatic amusement device or game shall include each coin-operated machine, mechanical machine, or electronic machine which operates as a game or contest of skill or amusement of any kind or description. Such devices shall be governed by this use in any location where more than four such devices are located.
(b)
No audio speakers or equipment shall be installed inside or outside the location of such use which would cause sounds to emanate to the exterior of the premises.
(c)
Such use shall only be operated between the hours of 10:00 a.m. and 10:00 p.m.
(d)
This use shall not be located within 1,000 feet of a school.
(4)
(C4) Mini warehouses. Warehouses or storage units provided for lease to the general public for the purpose of storage of personal property generally stored in residential structures, and in which each storage unit has direct access from the outside, shall be subject to the following conditions:
(a)
Access shall be from a collector street as defined in Chapter 450, Subdivision and Land Development, of the Code of the Borough of Spring City.
(b)
The storage facilities complex shall be surrounded by a fence at least eight feet in height of a type approved by the Borough.
(c)
The minimum aisle width between buildings shall be 20 feet. Additional width shall be provided to accommodate parking in front of each storage unit; such parking space shall have the minimum dimensions of 10 feet by 20.
(d)
Each structure shall not exceed 6,000 square feet in size and shall be built on a permanent foundation of durable material. Trailers, boxcars, etc., shall not be used for storage.
(e)
Preliminary plans shall be reviewed and subject to the approval of Borough police and fire officials regarding security and fire protection.
(f)
Storage of explosive, radioactive, toxic, highly flammable, or otherwise hazardous materials shall be prohibited.
(g)
No business activity other than leasing of storage units shall be permitted.
(h)
Except as noted in § 525-54C(4)(i), below, all storage shall be within closed buildings.
(i)
Outdoor storage of automobiles, boats, and recreation vehicles is permitted, provided they are screened so as not to be visible from adjacent streets or property. A maximum of 20% of the total site area may be used for such outdoor storage. Stored vehicles shall not interfere with traffic movements through the complex.
(5)
(C5) Commercial day-care center. Commercial day care facilities shall include those commercial facilities in which care is provided for children and where the child care area is not being used for a family residence. Such a facility shall be subject to the following regulations:
(a)
An outdoor play area shall be provided. This area shall be located to the side or rear of the building. The minimum required areas of such an outdoor recreational facility shall be 200 square feet for each child.
(b)
The outdoor play area shall be enclosed by a fence or natural barrier suitable to restrict children within the play area.
(c)
Outdoor play areas shall be sufficiently screened so as to protect residential areas from inappropriate noise and disturbance.
(d)
Prior to issuing of a permit by the Code Enforcement Officer, the applicant shall receive and hold all pertinent approvals and licenses from appropriate state or county agencies as a condition of permit approval and continuation.
(e)
When used in combination with another nonresidential use, a permit shall be required for each use.
(f)
Safe, off-street, passenger unloading space and adequate stacking capacity shall be provided to prevent interference with traffic flow on any adjacent street or road. One unloading space per 20 children shall be provided.
(6)
(C6) Restaurant with drive-in service. Such use shall include any place for the sale and consumption of food and beverages, either within the building or off-premises, in which a drive-in window is proposed. Such a use shall comply with the following provisions:
(b)
The use shall have direct access to a collector street as defined in Chapter 450, Subdivision and Land Development, of the Code of the Borough of Spring City.
(c)
There shall be only one point of ingress and one point of egress to the collector street. This may be accomplished in one of the following ways:
[1]
The ingress and egress are adjacent to each other with no physical separation. Such a driveway shall be at least 24 feet wide but not more than 36 feet wide.
[2]
The ingress and egress are adjacent, with a raised island separating them. The island shall be no more than 10 feet wide. Each driveway shall be at least 14 feet wide but not more than 24 feet wide.
[3]
The ingress and egress are separated by at least 100 feet, measured center line to center line. Each driveway shall be at least 14 feet wide but not more than 24 feet wide.
(d)
The access shall be at least 40 feet from any existing street intersection. The distance shall be measured from the street right-of-way to the edge of the access driveway.
(e)
When this use is adjacent to or on the same lot with a group of commercial facilities, it shall use the common access with the other business establishments and not have a separate access to the abutting collector street.
(f)
Drive-in service windows shall have a vehicle stacking lane which can accommodate a minimum of eight cars. The stacking lane shall not be used for parking lot circulation aisles nor shall it conflict in any way with through circulation or parking. The drive-in window shall not face a residential use or zoning district.
(g)
A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant. If there is no sidewalk, one shall be provided along the street frontage.
(h)
Trash receptacles shall be provided outside of the restaurant for patron use.
(i)
A trash storage area shall be provided which is designed to be screened from the street and adjacent properties to prevent trash from blowing from the area and to permit safe and easy trash removal.
(7)
(C7) Service station/car wash facility. The retail sale of vehicular fuels and/or a car wash facility shall be subject to the following regulations:
(a)
A minimum lot width of not less than 200 feet shall be provided along each street on which the lot abuts.
(b)
Access to roads shall be at least 40 feet from the intersection of any street.
(c)
Fuel pumps shall be at least 25 feet from any street right-of-way.
(d)
All automotive parts, refuse, and similar articles shall be stored within a building or enclosed area.
(e)
All automotive repair or service activities, except those performed at the fuel pumps, shall take place within a completely enclosed building.
(f)
Vehicles shall not be stored outdoors while waiting for repairs for more than five days; junk vehicles may not be stored in the open at any time.
(g)
Stacking room for four cars shall be provided at the entrance to each car wash bay. Two drying spaces shall be provided at the exit to each car wash bay. Stacking room for two cars shall be provided at each gas pump island in addition to the required space adjacent to each pump. Stacking spaces shall not interfere with through circulation or parking on the remainder of the lot.
(8)
(C8) Bed-and-breakfast. A bed-and-breakfast is a building occupied by a resident innkeeper containing four or fewer guest rooms for the temporary lodging of guests for compensation and providing to the occupants such lodging services as maid service and accessory eating and drinking facilities limited to the serving of breakfast. A bed-and-breakfast shall be subject to the following provisions:
(a)
A bed-and-breakfast shall only be permitted in a single-family detached dwelling.
(b)
The minimum lot size shall be that of the underlying district.
(c)
No more than four guest rooms shall be provided.
(d)
The use shall be carried on primarily by members of the immediate family who shall reside on the premises. Nonresident employees shall be restricted to two in addition to the resident members of the family.
(e)
One off-street parking space shall be provided for each guest room, plus one space for each employee and two spaces for the owner(s) of the property. The off-street space shall be located either to the rear of the main dwelling or screened from the roadway and adjacent properties by fencing or natural vegetation.
(f)
There shall be no use of windows for display or advertising visible outside the premises to attract guests other than a single, nonilluminated sign which may not exceed four square feet in area.
(g)
No external alterations, additions, or changes to the exterior structure shall be permitted except as required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by another governmental agency. Fire escapes or external stairways shall be located either to the side or rear of the residence.
(h)
There shall be no separate kitchen or cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast. Eating facilities shall not be open to the general public.
(i)
The use of amenities provided by the guesthouse, such as porches, decks, swimming pools or tennis courts, shall be restricted in use to the guests of the establishment. The use of active outdoor recreation amenities shall be limited to the hours of 9:00 a.m. to 10:00 p.m.
(j)
The use shall not be established until there is compliance with all Borough rules and regulations and a use and occupancy permit has been issued by the Borough Code Enforcement Officer.
(k)
Where an on-lot sewage disposal system is to be used, the application for the use shall be accompanied by a valid Chester County Health Department permit verifying that the sewage system or proposed system can accommodate the maximum potential usage and that an appropriate site for a replacement sewage disposal system is available should the existing system fail. A use and occupancy permit shall not be granted unless the applicant has obtained a Chester County Health Department permit for the proposed use.
(9)
(C9) Kennels. The keeping of more than five dogs that are more than six months old for breeding, training, selling, or boarding for a fee is subject to the following provisions:
(10)
(C10) Adult commercial. An adult commercial store is a store or shop where the principal use is devoted to the display and selling of pornographic materials which are pictures, drawings, photographs or other depictions or printed matter and paraphernalia, which, if sold knowingly to a child under 18 years of age, would violate the criminal laws of the Commonwealth of Pennsylvania in effect at the same time thereof.
(a)
The building or structure housing such use shall not be located within 300 feet of any residential use or district, public or private school, church, recreation facility, or any religious, institutional or educational use.
(b)
No such use shall be located within 500 feet of a similar use.
(c)
No materials sold shall be visible from any window, door, or exterior of the building.
(d)
No person under the age of 18 years of age shall be permitted within an adult commercial store or sold any pornographic material.
D.
Industrial uses.
(1)
(D1) Industrial complex. An industrial complex is a planned development of industrial and related uses which includes improvements for internal access, coordinated utilities, parking, landscaping, and buffering. An industrial complex shall comply with the following regulations:
(a)
An industrial complex shall have a minimum lot size of two acres.
(b)
The industrial uses within the complex may be located in detached structures or within a single structure.
[1]
Where separate lots are proposed within the complex, the minimum lot size for a freestanding use shall be 20,000 square feet and the area and bulk regulations of § 525-48B shall apply to the individual lots.
[2]
Where more than one use is proposed within a single building, there shall be no more than one use per 20,000 square feet of lot area.
(c)
Access for the complex shall be from a collector street as defined in Chapter 450, Subdivision and Land Development, of the Code of the Borough of Spring City. Where more than one lot is proposed, uses within the industrial complex shall take access from an interior roadway.
(d)
All loading and outside storage areas shall be located to the side or rear of the building(s).
(e)
Lighting facilities shall be provided and arranged in a manner which will protect streets and neighboring properties from direct glare.
(f)
The applicant shall submit a plan for the overall design and improvements of the industrial complex.
(g)
The proposed development shall be served by public water and sewage facilities, the adequacy of which shall be demonstrated prior to plan approval.
(2)
(D2) Junkyard. A junkyard shall include an area of land, with or without buildings, used for the storage of used or discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition of the same. Two or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation, excluding farm vehicles, two or more wrecked or broken vehicles, or the major parts of two or more such vehicles, shall only be stored in a licensed junkyard. A junkyard shall be subject to the following provisions:
(b)
No material shall be placed in any junkyard in such a manner that it is capable of being transferred out of the junkyard by wind, water, or other natural causes.
(c)
All paper, rags, cloth, and other fibers, and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.
(d)
The land areas used for junkyard purposes shall not be exposed to public view from any public street or road by virtue of its location on a hillside or location on a plateau below street level.
(e)
The boundaries of any junkyard shall at all times be clearly delineated. Such junkyard shall be entirely enclosed by a solid fence or wall, at least eight feet high but no more than 10 feet high, constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. The fence or wall shall be situated no closer to any street or property line than 50 feet. Such fence or wall shall be kept in good repair and neatly painted in uniform color.
(f)
The contents of such a junkyard shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
(g)
Between the fence or wall and the street or property line, buffer plantings shall be placed as follows. These buffer requirements shall take precedence over those of § 525-59B of this chapter:
[1]
One deciduous tree (one-and-one-half-inch caliper minimum) at an average of one tree per 40 linear feet of buffer plus one evergreen tree (three-foot minimum height) at an average of one tree per 20 linear feet of buffer; or
[2]
One deciduous tree (one-and-one-half-inch caliper minimum) at an average of one tree per 40 linear feet of buffer plus one shrub (three-foot minimum height) per four linear feet of buffer. Shrubs shall be privet, forsythia, or viburnum species.
(h)
All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects, or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of material, preventing the collection of stagnant water, extermination procedures, or other means.
(i)
No explosive, toxic, radioactive, or highly flammable materials shall be kept on the property.
(j)
No burning shall be carried on in any junkyard. Fire shall be prevented and hazards avoided by organization and segregation of stored materials, with particular attention to the separation of combustibles from other materials and enclosure of combustibles where necessary (gas tanks shall be drained), by the provision of adequate aisles (at least 15 feet) for escape and firefighting, and by other necessary measures.
(k)
All vehicles shall be drained of all liquids before they are placed in the junkyard. An impervious pad, free of cracks and sufficiently large for draining liquids from all vehicles, shall be provided. The pad should be sloped to drain to a sump or holding tank and liquid shall be removed from the site as often as is necessary to prevent overflow of the system. Curbing around the pad shall be able to retain runoff from a 100-year, twenty-four-hour storm. All hazardous liquids shall be properly disposed of according to the Department of Environmental Protection's rules and regulations.
(l)
A permit shall be obtained on an annual basis.
E.
Utilities. The provisions of this chapter shall apply to any existing or proposed building, or extension, used or to be used by a public utility corporation, unless upon petition of the corporation, the Pennsylvania Public Utility Commission (PUC) shall decide that the present or proposed situation of the building in question is reasonably necessary for the welfare of the general public.
(1)
(E1) Utility operating facility. Such use shall include a transformer station, pumping station, relay station, substation, sewage treatment plant, and any similar or related installation not including a public incinerator or private landfill, provided:
(a)
Such installation is essential to serve the immediate community.
(b)
No public business office or any storage yard or storage building is operated in connection with the use.
(c)
No facility or projecting area thereof as viewed in the plan view shall occupy greater than 10% of the property upon which it is located.
(2)
(E2) Radio, television, or microwave transmitter. A radio, television, or microwave transmitter shall include a transmitting or relay tower and supportive buildings and shall be subject to the following conditions:
F.
Accessory uses and structures.
(1)
(F1) Residential accessory buildings, structures, or uses. Residential accessory buildings, structures, or uses include but are not limited to the following:
(a)
Garages or parking spaces for the parking of passenger automobiles including noncommercial trucks and vans.
(b)
Only the tractor of a tractor/trailer combination may be parked on properties of two acres or less. Tractor/trailer combinations shall not be permitted to park on the street within residential districts (R-1, R-2, R-3, and PN).
(c)
Structures such as fences, walls, or signs.
(d)
Buildings such as storage sheds, bath houses, and private greenhouses.
(e)
Noncommercial swimming pool. A noncommercial swimming pool is a recreation facility designed to contain a water depth of 24 inches or more for the use of residents and their guests. This includes both in-ground and aboveground pools, subject to the following:
[1]
A building permit shall be required to locate, construct, or maintain a noncommercial pool.
[2]
For lots 15,000 square feet or greater, a swimming pool shall be located no closer to a property line or the street line than the minimum front, side, or rear yard requirements or 25 feet, whichever is less. A minimum setback of 10 feet from property lines and street lines is required for lots of less than 15,000 square feet.
[3]
The pool may be lighted by underwater or exterior lights, or both, provided 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 standards of the National Electrical Code.
[4]
Such swimming pools shall be totally enclosed by a fence of a minimum of four feet in height. The height calculation may include a combination of the pool wall and fence, provided that the combined height equals four or more feet.
[5]
Pedestrian access gates shall open outward away from the pool and shall be self-closing and 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:
[6]
There shall be no cross-connection with a public sewage system.
[7]
The permanent inlet shall be above the overflow level of the pool.
[8]
At the time of application for a building permit, it shall be demonstrated that the drainage of a pool is adequate and will not interfere with the water supply system, with existing sewage facilities, with public streets, and shall not drain onto neighboring property.
(f)
Fences and walls.
[1]
No freestanding fence or wall (except for retaining walls) shall exceed six feet in height above the natural grade, except where necessary for the screening or shielding of outdoor storage or equipment areas that are permitted in this chapter, and junkyards that are in compliance with § 525-54D(2).
[2]
Fences and walls shall not be constructed, either completely or partially, of barbed or razored wire and shall not be electrified.
(g)
Boarding accommodations. The keeping of roomers, boarders, or lodgers is a distinct and different use than a boardinghouse or rooming house. The keeping of roomers, boarders, and lodgers is an noninstitutional use where sleeping quarters are rented to individuals as an accessory use and shall be subject to the following provisions:
[1]
No more than two roomers, boarders, or lodgers shall be accommodated.
[2]
Such use shall be permitted only in single-family detached or two-family dwellings.
[3]
The roomers, boarders, or lodgers shall live within the principal residential building and share a common outside access with its residents.
[4]
No separate cooking facilities may be created.
[5]
One off-street parking space shall be provided for each roomer.
(2)
(F2) Garage or yard sales. The temporary display and sale of goods and craft items on a residentially used property shall be subject to the following provisions:
(a)
Such temporary uses shall be limited to occurrences of not more than three days. Such occurrences shall be limited to not more than four occurrences in a calendar year. There shall be at least a thirty-day period between such occurrences.
(b)
Signs advertising garage or yard sales shall be limited to four square feet in size. Such signs shall be posted no more than two days prior to the first day of the sale and shall be removed on the final day of the sale. No more than three off-premises signs shall be placed. The location of the off-premises signs shall be approved by the property owners of the properties upon which they are to be placed.
(3)
(F3) Temporary structure, building, or use. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the following provisions:
(a)
The time period of the initial permit shall be six months. The permit may be renewed for three-month time periods if the applicant can demonstrate reasonable progress towards the completion of the project necessitating the temporary structure, building, or use.
(b)
Such structure or use shall be removed completely within 30 days of the expiration of the permit without cost to the Borough.
(c)
A garage or other accessory building, partial structure or temporary structure may be used for dwelling purposes subject to the following:
(4)
(F4) Temporary community event. A temporary activity including, but not limited to, flea markets, public exhibitions, auctions, carnivals, circuses, picnics, air shows, and suppers for fund-raising, and similar organizational activities shall be subject to the following provisions:
(a)
Such temporary uses shall be limited to occurrences of not more than seven days per occurrence. Such occurrences shall be limited to not more than four occurrences in a calendar year for each organization. There shall be at least a thirty-day period between such occurrences.
(b)
Signs advertising a temporary community event shall be subject to the provisions of Article XV, Signs. In addition, such signs shall be limited to 12 square feet in size. Such signs shall be posted no more than 14 days prior to the first day of the event and shall be removed on the final day of the event. No more than four off-premises signs shall be placed. The location of off-premises signs shall be approved by the property owners of the properties upon which they are to be fixed.
(c)
The applicant for the use shall provide Borough Council with plans to ensure adequate parking, emergency access, road access, sanitary facilities, refuse collection, noise control, and cleanup after the event. The Planning Commission shall make a recommendation to Borough Council as to whether the proposed plans are adequate.
(5)
(F5) Outside storage or display.
(a)
Outside storage or display, other than storage as a primary use of the land and necessary but incidental to the normal operation of a primary use, shall be subject to the following provisions:
[1]
No part of the street right-of-way, no sidewalks, or other areas intended for pedestrian use, no required parking areas, and no part of the required front yard shall be occupied by outside storage. Outside displays shall not interfere with pedestrian circulation.
[2]
Outside storage and display areas shall occupy an area of less than 1/2 of the existing building coverage.
(b)
Uses requiring more substantial amounts of land area for storage or display may be exempt from the provisions of Subsection F(5)(a)[2] and [3], above, when granted as a special exception by the Zoning Hearing Board. Such uses shall be subject to the following provisions:
[1]
No more than 25% of the lot area shall be used in outdoor storage or display.
[2]
In particular, uses appropriate under this provision include, but are not limited to, nursery/greenhouse, automobile sales, farm equipment sales, and lumber yards.
[3]
Among uses that shall not be appropriate for inclusion under this provision are retail store, repair shop, service station or car wash facility, automobile repair, automotive accessories, wholesale business, storage, and warehousing, contracting, and crafts.
(6)
(F6) Radio and television antennas, masts, aerials, flagpoles, and dish antenna.
(a)
Uses permitted under this § 525-54F(6) specifically exclude radio, television, and microwave transmitters which are regulated in § 525-54E(2) of this chapter.
(b)
Freestanding structures shall be set back from all property lines a distance of at least 1.5 times the height of the structure and shall be securely anchored to the ground in a manner satisfactory to the Borough.
(c)
Freestanding structures shall be subject to the maximum height limitations of this chapter. The highest point of an antenna attached to a building shall not exceed the peak of the roof by more than 10 feet.
(d)
Dish antenna, radio antennas, and television antennas shall not be located in the front or side yard of a residential structure. Dish antenna shall not be visible from the street.
(e)
The diameter of the dish antenna shall not exceed nine feet. However, in no event shall a roof mounted antenna exceed three feet in diameter.
(f)
When separately supported, the total height of the dish antenna shall not exceed 10 feet.
(g)
Roof mounting of a dish antenna is not recommended. If roof-mounted, the antenna shall be located on a portion of the roof sloping away from the front of the lot and no part thereof shall project above the ridgeline. Dish antennas shall not be mounted on chimneys.
(h)
No more than one dish antenna shall be permitted per lot. No more than two antennas of any kind shall be permitted per lot.
(i)
When not roof-mounted, the dish antenna shall be screened by staggered plantings of evergreens which present a solid visual barrier to adjoining houses and to the street. Before a permit will be issued for the erection of a dish antenna, a screening plan shall be submitted and approved by the Borough Planning Commission.