Tatamy City Zoning Code

ADDITIONAL REQUIREMENTS

FOR SPECIFIC USES

§ 155.135 APPLICABILITY.

(A) This subchapter establishes specific requirements for specific uses, in addition to the general requirements of this chapter and the requirements of each district.

(B) For uses allowed within a specific zoning district as “special exception” or “conditional uses”, see §§ 155.027 and 155.028 of this chapter. These sections list a set of additional standards and procedures to be used in determining whether a proposed special exception or conditional use should be approved.

(Ord. passed 2-4-1991, § 401)

§ 155.136 SPECIFIC PRINCIPAL USES.

(A) Each of the following uses shall meet all of the following requirements for that use:

(1) Adult use (this is limited to the following: adult bookstore, adult movie theater, massage parlor or cabaret):

(a) No such use shall be located within 500 lineal feet of the lot line of any primary or secondary school, place of worship, public park, day care center, child nursery, library, existing dwelling or any site marked as a proposed future park location on the Borough Official Map;

(b) No such use shall be located within 1,000 lineal feet of any existing “adult use”;

(c) A 40-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 155.152 of this chapter, but with plantings of an initial minimum height of five feet;

(d) No pornographic material or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises;

(e) The applicant must prove to the satisfaction of the Borough Council that such use would not in any way adversely affect the character of the surrounding area, including property values;

(f) No such use shall be used for any purpose that violates any federal, state or borough law. Any violation of this zoning requirement involving a serious criminal offense that the proprietor has continuing knowledge of and allows to occur shall be sufficient reason for the borough to withdraw borough permits;

(g) See § 155.218 of this chapter;

(h) No such use shall be allowed in combination with the sale of alcoholic beverages;

(i) The use shall not include the sale or display of “obscene” materials, as defined by state law, as may be amended by applicable court decisions;

(j) These uses are specifically prohibited in all districts, except the LI District;

(k) A minimum lot area of two acres is required;

(l) For public health reasons, private or semi-private viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers. No room of any kind accessible to customers shall include less than 150 square feet;

(m) No use may include live actual or simulated sex acts;

(n) Only “lawful” massages as defined by state court decisions shall be performed in a massage parlor; and

(o) All employees in a massage parlor or adult movie theater shall wear non-transparent outer garments that cover their genitals and the female areola.

(2) Adult day care center:

(a) Shall be fully licensed by the state, if required;

(b) Shall include constant supervision during all hours of operation; and

(3) Animal cemetery:

(a) All the regulations for a “cemetery” in this section shall apply; and

(b) The applicant shall prove to the satisfaction of the Borough Engineer that the use will be conducted in such a manner that the public health and ground water quality will not be threatened.

(4) Animal husbandry:

(a) Minimum lot area: five acres;

(b) Any newly developed indoor area used for the keeping of animals or indoor or outdoor manure storage areas or feeding areas that are part of an animal husbandry use shall be located a minimum of 150 feet from all exterior lot lines and a minimum of 300 feet from the following: all dwellings (except the dwelling of the owner or lessee), residential district boundaries, existing restaurants and existing office uses;

(c) Any additions to an existing indoor area used for the keeping of animals or indoor or outdoor manure storage areas or feeding areas that are part of an animal husbandry use shall be located a minimum of 150 feet from all exterior lot lines, residential district boundaries and dwellings (except the dwelling of the owner or lessee);

(d) Any area used for the keeping of animals as part of an animal husbandry use that is not regulated by the standards of divisions (A)(4)(b) and (A)(4)(c) above shall be separated by a fence or wall and setback 50 feet from any lot line of an existing dwelling or any lot line within a residential district; and

(e) The keeping of minks or garbage-fed pigs shall be setback a minimum of 300 feet from all lot lines.

(5) Auditorium, commercial:

(a) A 40-foot buffer yard shall completely separate the structure and all off-street parking areas from any lot line of any residential use or residential district;

(b) A commercial auditorium shall have a minimum lot size of one acre for each 150 seats; and

(c) The structure of a commercial auditorium with a capacity of 300 or more persons shall be setback a minimum of 300 feet from the lot line of any residential use or residential district.

(6) Auto repair garage:

(a) All major repair, welding and paint work shall be performed within an enclosed building, with a ventilation system that is directed away from any adjacent dwellings;

(b) All reasonable efforts shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots;

(c) Outdoor storage of autos and other vehicles shall not be within a paved area setback required by § 155.197 of this chapter, nor closer than 20 feet from any residential lot line;

(d) Overnight outdoor storage of junk shall be prohibited within view of a public street or a dwelling;

(e) No “junk vehicle” (as defined by § 155.008 of this chapter) shall be stored within view of a public street or a dwelling for a total of more than ten days;

(f) Service bay doors shall not face directly towards an abutting dwelling, not including a dwelling separated from the garage by a street; and

(g) A use that is primarily intended to serve trucks with six or more wheels shall have a minimum lot area of five acres, and all areas used for repairs, fueling and serving of such vehicles shall be setback a minimum of 250 feet from all existing residential lot lines and residential zoning boundaries.

(7) Auto, boat or manufactured home sales:

(a) No vehicle or home on display shall occupy any part of the existing or future street right-of-way or required parking area or any paved area setback required by §§ 155.195 through 155.199 of this chapter; and

(b) See light and glare standards in § 155.180 of this chapter.

(8) Auto service station:

(a) See definition in § 155.008 of this chapter of “auto repair garage”;

(b) All activities, except those to be performed at the fuel or air pumps shall be performed within a completely enclosed building;

(d) No vehicle parts or dismantled vehicles shall be visible from a public street or dwelling;

(e) No “junk vehicle” (as defined by § 155.008 of this chapter) shall be stored within view of a public street or a dwelling for more than a total of ten days;

(f) There shall be an ability for a minimum of four vehicles to be serviced at each cluster of gasoline pumps or to be lined up behind cars being serviced, without obstruction of access into or out of the driveways from public streets; and

(g) A use that is primarily intended to serve trucks with six or more wheels shall have a minimum lot area of five acres, and all areas used for fueling and servicing shall be setback a minimum of 250 feet from all existing residential lot lines and residential zoning district boundaries.

(9) Betting use:

(a) Shall be located abutting an arterial or collector street, as defined by the Official Street Classification Map;

(b) Minimum lot area: three acres;

(c) Minimum building setback from the lot line of any place of worship, residential zoning district or publicly-owned recreation area: 300 feet; and

(d) The applicant shall prove to the satisfaction of the Zoning Officer that the use will provide adequate on-site parking.

(10) Boarding house:

(a) Minimum lot area: two acres;

(b) Minimum setback from all lot lines: 50 feet;

(d) Maximum density: three bedrooms or six persons per acre;

(e) Each sleeping room shall be limited to two persons each;

(f) A 20-foot wide buffer yard with screening meeting the provisions of § 155.152 of this chapter shall be provided between any boarding house building and any abutting single-family detached dwelling that is within 100 feet of the proposed boarding house building;

(g) Interior space: a minimum of 400 square feet of interior floor space per resident;

(h) Maximum number of residents: 20;

(i) See also standards for “personal care centers” which is a separate use;

(j) Signs: shall be limited to two wall signs with a maximum of two square feet each; and

(k) Rooms shall be rented for a minimum period of seven days.

(11) Beverage bottling plant: public sewer and public water service shall be provided;

(12) Bus station (for service between metropolitan areas; bus stations and bus stops for local bus service are not regulated by this chapter):

(a) Street access from the bus station to an arterial street or an expressway shall not require driving on a collector or local street that is primarily residential;

(b) Shall provide an area for the loading and unloading of buses separate from required off-street parking areas and a separate area for pick-up and drop-off of persons from private vehicles; and

(c) May be an accessory use to a permitted shopping center or restaurant; provided that, the applicant shows that there is adequate room for movements by the bus on the site or an adequate street shoulder for stops.

(13) Campground:

(a) Any sleeping quarters or tent sites shall not be within the 100-year floodplain and shall be setback a minimum of 75 feet from all exterior lot lines;

(b) There shall be a maximum average of two recreational vehicle sites or five family tent sites or cabin sleeping capacity for six persons per acre of total lot area. Such sites may be clustered in portions of the tract;

(d) Any store shall be limited to sales of common household and camping items to persons camping on the site; and

(e) A commercial campground shall include at least one gravel or paved entrance road from a public street, with a minimum width of 16 feet.

(14) Car wash:

(a) Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets;

(b) On-lot traffic circulation channels and parking areas shall be clearly marked;

(d) Water used in the operation shall be collected and recycled, and shall not flow into any storm sewers or waterways;

(e) Water from the car wash operation shall not flow onto sidewalks or streets, to prevent hazards from ice;

(f) Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 9:00 p.m. and 7:00 a.m.; and

(g) Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.

(15) Cemetery:

(a) Minimum lot area: two acres;

(b) A crematorium, where allowed, shall be setback a minimum of 200 feet from all lot lines of existing dwellings and all residentially zoned land exterior to the cemetery;

(c) All structures and graves shall be setback a minimum of 30 feet from the lot line of an abutting residential use or any abutting residentially zoned lot, 20 feet from the future right-of-way of any public street and ten feet from the cartway of an internal driveway;

(d) No grave sites shall be located within the 100-year floodplain; and

(e) The use shall include an appropriate system for perpetual maintenance.

(16) Communications tower, commercial:

(a) A commercial communications tower shall be setback a distance equivalent to one-half of the height of the antenna from all lot lines and existing street right-of-way lines;

(b) A freestanding commercial communications tower with a height greater than 50 feet above the natural ground level shall not be located in a residential district unless the applicant proves to the satisfaction of the Zoning Hearing Board that no other appropriate sites in other districts are available within the borough, especially space on existing towers;

(d) Any freestanding tower that is within 100 feet of a public street or dwelling shall be surrounded by evergreen screening within § 155.152(D) of this chapter.

(17) Conversions to residential use and conversions increasing the number of dwelling units (not including development of one accessory apartment within a single-family detached dwelling):

(a) Applicable state fire safety requirements shall be met;

(b) Sewer service: any on-lot septic system shall be recertified if the sewage flows will expand;

(c) The following regulations shall apply to the conversion of an existing single-family detached dwelling into a greater number of dwelling units.

1. The building shall maintain the appearance of a single-family detached dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance.

2. The conversion shall not be permitted if it would require the placement of an exterior stairway on the front of the building or would require the placement of more than three off-street parking spaces in the required front yard.

(d) A previously residential building shall maintain a clearly residential appearance, except as may be necessary for restoration of a historic building;

(e) Separate cooking and sanitary facilities shall be provided for each dwelling unit;

(f) Off-street parking lots with four or more spaces shall be buffered from abutting dwellings by evergreen screening meeting the requirements of § 155.152 of this chapter;

(g) Any trash dumpster shall be screened from view of a public street or abutting dwelling;

(h) See, if applicable, requirements for “accessory apartment within an existing single-family detached dwelling” within § 155.137 of this chapter;

(i) A site plan shall be submitted to the Zoning Officer; and

(j) Each dwelling unit shall include a minimum of 800 square feet of habitable heated indoor floor area.

(18) Grot storage, commercial: any indoor storage shall not occur in ways that threaten a serious explosive hazard;

(19) Cultural center/community center: no active outdoor recreation area shall be located closer than 25 feet to any abutting dwelling;

(20) Day care center (includes nursery school): as a principal use:

(a) See also day care center/nursery school as an accessory use in § 155.137 of this chapter;

(b) The use shall comply with any applicable county, state and federal regulations, including having an appropriate State Department of Public Welfare registration certificate or license;

(c) Convenient parking spaces within the requirements of §§ 155.195 through 155.199 of this chapter shall be provided for persons delivering and waiting for children;

(d) In residential districts, shall have a minimum lot area of 20,000 square feet;

(e) Shall include adequate measures to ensure the safety of children from traffic or other nearby hazards;

(f) Outside play areas in residential districts shall be limited to use between 8:00 a.m. and 8:00 p.m. if located within 200 feet of a dwelling;

(g) Outdoor play areas of a day care center involving the care of 25 or more children at any one time shall be setback a minimum of 25 feet from the exterior walls of an abutting existing occupied dwelling;

(h) This use shall not be conducted in a dwelling that is physically attached to another dwelling;

(i) In residential districts, any permitted day care center shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood; and

(j) A day care center may occur in a building that also includes permitted or non-conforming dwelling units.

(21) Essential services: see standards in § 155.070 of this chapter;

(22) Financial institution: any drive-in window(s) and waiting lanes shall be located and have capacity for sufficient numbers of vehicles to ensure that traffic conflicts and hazards are avoided within the site and along the streets and highways adjoining the use;

(23) Forestry, commercial (excluding plant nursery):

(a) See definition in § 155.008 of this chapter;

(b) A forestry management plan shall be prepared and followed for any commercial forestry involving more than two acres. This plan shall be prepared by a professional forester;

(c) The Forestry Management Plan shall be consistent with the Timber Harvesting Guidelines of the state’s Forestry Association;

(d) Clearcutting shall be prohibited except on tracts of less than two acres. This provision shall not apply to state game lands where clearcutting is done to benefit the natural habitat;

(e) On tracts larger than two acres, at least 25% of the forest cover (canopy) shall be kept and the residual trees shall be well distributed. At least 25% of these residual trees shall be composed of higher value species as determined by a professional forester;

(f) An Erosion and Sedimentation Control Plan shall be submitted to the County Conservation District for any review and recommendation;

(g) The Forestry Management Plan shall include an appropriate method to ensure re-forestation, except for areas approved for a permitted use; and

(h) Commercial forestry is prohibited on areas with slopes greater than 25% or within the 100-year floodplain.

(24) Funeral home: minimum lot area of two acres;

(25) Garden apartments: see “townhouses and garden apartments”;

(26) Golf course:

(a) The course shall be designed so that golf balls are highly unlikely to enter public streets or property that is not part of the golf course;

(b) A clubhouse, retail sales of golf supplies and/or restaurant may be permitted as an accessory use if located a minimum of 250 feet from any exterior lot line;

(d) Any outdoor lighting shall be located and designed in such a way that the lighting is not easily visible from adjacent dwellings;

(e) Maximum building coverage: 5%;

(f) Maximum impervious coverage: 10%; and

(g) Fairways and greens shall be setback a minimum of 40 feet from the lot line of any existing dwelling.

(27) Group home:

(a) See definition in § 155.008 of this chapter;

(b) There shall be adequate supervision as needed by a person trained in the field for which the group home is intended;

(c) The use shall be licensed or certified under an applicable state, county or federal program for group housing, if applicable. A copy of any such license or certification shall be filed with the borough, and also shall be required to be provided to the Zoning Officer upon request;

(d) Any medical or counseling services provided on the lot shall be limited to residents and up to three non-residents during any day;

(e) One off-street parking space shall be provided for each employee on duty at any one time, and every two residents of a type reasonably expected to be capable of driving a vehicle;

(f) The use shall not meet the definition of a “criminal treatment center”. See definition in § 155.008 of this chapter;

(g) If the group home is located in a residential district, the building shall be maintained and/or constructed to ensure that it is closely similar in appearance, condition and character to the other residential structures in the area. No exterior signs shall identify the type of use;

(h) The group home shall register its location, general type of treatment/ care, maximum number of residents and sponsoring agency with the borough. Such information shall be available for public review upon request;

(i) The group home shall notify the borough within 14 days if there is a change in the type of clients, the sponsoring agency, the maximum number of residents or if an applicable certification or license expires, is suspended or is withdrawn;

(j) Number of residents in a lawful dwelling unit: maximum of five persons, including the maximum number of employees routinely on the site during any one period of time, except as listed below:

1. In a single-family detached dwelling with a minimum lot area of 15,000 square feet and a minimum building setback from all lot lines of 15 feet: maximum of six persons;

2. In a single-family detached dwelling with a minimum lot area of 30,000 square feet and a minimum building setback from all lot lines of 25 feet: maximum of nine persons; and

3. In a non-residential district, where permitted: maximum of 20 persons; provided, there is a minimum of 125 square feet of habitable interior floor area per person.

(k) Off-street parking areas of more than four spaces shall be buffered from adjacent existing single-family dwellings by a planting screen meeting the requirements of § 155.152 of this chapter;

(l) If a group home will use an on-lot septic system and will involve six or more persons routinely on the premises at any one time, the septic system shall be required to be reviewed by the Borough Sewage Enforcement Officer to determine if it is adequate;

(m) Employees of the group home shall be prohibited from having visitors on the premises, unless such visitation is necessary for the operation of the group home and except for emergencies; and

(n) The use shall provide illuminated “exit” signs, emergency battery-powered lighting and a minimum of two “ABC” rated fire extinguishers.

(28) Heliport: see “airport, public or private” above;

(29) Hospital:

(a) At least two accessways or driveways with a minimum width of 20 feet. One of these accesses shall be from an arterial or collector street. The second access may be limited to emergency vehicles;

(b) Reasonable consideration shall be given to design methods that may be able to minimize serious noise conflicts from emergency sirens in the vicinity of a residential district;

(d) See definition in § 155.008 of this chapter.

(30) Hotel/motel:

(a) Recreational facilities limited to guests of the use and a standard restaurant may be permitted accessory uses to a hotel or motel; and

(b) A hotel or motel shall serve only temporary guests. A use that is routinely inhabited by any persons for periods longer than 30 days shall be considered a boarding house and regulated as such.

(31) Junk yard (includes automobile salvage yard):

(a) Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on-site and routinely awaiting pick-up;

(b) Outdoor storage of junk shall be at least 100 feet from any lot line and any public street;

(c) The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles;

(d) Outdoor storage shall be completely enclosed by a 50-foot wide buffer yard which complies with § 155.152 of this chapter, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of seven feet shall be provided and well-maintained around all outdoor storage areas;

(e) Burning or incineration of vehicles or junk is prohibited;

(f) See the noise or dust regulations of § 155.177 of this chapter;

(g) All gasoline and oil shall be drained from all vehicles and properly disposed of. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious, properly drained surface; and

(h) Maximum size: ten acres.

(32) Kennel:

(a) All buildings in which animals are housed and all runs shall be located at least 200 feet from all lot lines of existing primarily residential uses and the lot lines of undeveloped residentially zoned land;

(b) Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived within any adjacent dwelling;

(c) No animal shall be permitted to use outdoor runs from 8:00 p.m. to 8:00 a.m. that are within 300 feet of an existing dwelling. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking;

(d) See state laws regulating kennels;

(e) A kennel may be used for breeding; and

(f) Minimum lot area: three acres.

(33) Laundry/laundromat: public sewer and public water service shall be provided;

(34) Mineral extraction:

(a) The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents;

(b) After areas are used for mineral extraction, they shall be reclaimed in phases to a non- hazardous and environmentally sound state permitting some economically productive future use;

(c) A 75-foot wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 250 feet of an area of excavation or within 250 feet of machinery that is greater than 35 feet in height. This yard shall include an earthen berm averaging a minimum of six feet in height and an average of one shade tree for each 50 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence, and shall meet the size and type requirements of § 155.197 of this chapter;

(d) Minimum setbacks for excavation for mineral extraction:

1. One hundred feet from the future right-of-way of a public street and from all exterior lot lines of the property;

2. One hundred fifty feet from a commercial or industrial building, unless released by the owner thereof;

3. Two hundred fifty feet from a residential district boundary or occupied residential or institutional use, other than property owned by the owner of the. mineral extraction use;

4. Two hundred fifty feet from the lot line of a publicly owned recreation area that existed at time of the application for the use or expansion; and

5. One hundred fifty feet from the top of the bank of a perennial stream or a natural wetland of more than two acres.

(e) Fencing: the Borough Council may require secure fencing in locations where needed to protect public safety;

(f) Noise and performance standards: see §§ 155.170 through 155.181 of this chapter;

(g) County Conservation District: a soil erosion and sedimentation plan shall be prepared by the applicant, sent to the County Conservation District, and found acceptable to Borough Council based upon the Conservation District’s review;

(h) Engineering review: the application shall be sent to the Borough Engineer or an alternate engineer appointed by Borough Council for a review, with the reasonable costs of such review paid by the applicant;

(i) Hours of operation: the Borough Council may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas;

(j) Borough Council and Planning Commission review: the applicant shall submit a complete copy of all application materials and a site plan to the Borough Council and to the Planning Commission for review;

(k) The applicant shall also submit a copy to the Zoning Officer of all materials submitted by the applicant to state agencies regarding an application for this project. The use shall comply with all applicable state regulations as a condition of borough approvals under this chapter, and such borough approval may be revoked for violation of this condition;

(l) Preemption: it is not the intent of this section to unlawfully preempt any federal or state law or regulation. Unless a preemption of this chapter would exist, the most strict and least permissive requirements shall be in effect where a conflict might exist;

(m) Suitability of streets.

1. It is the responsibility of the applicant to prove to the satisfaction of Borough Council that the public street system to be used will be adequate for the amount of heavy truck traffic to be generated by the use.

2. If it is determined that the mineral extraction use would create unusually heavy truck traffic and that the state and borough streets to be used would be inadequate to handle this unusually heavy and non-customary traffic, the applicant may be required by Borough Council to fund such improvements to streets within one-half mile of the use as are reasonably necessary to handle the heavy truck traffic that will be generated, or to post such reasonable and necessary bonds to provide for any serious and extraordinary damage that may result from the use of public streets by heavy trucks from the use. Such improvements shall be in direct relation to the traffic generated by the use. Such improvements may be made in phases and may be handled through posting of bonds.

3. The Borough Council shall deny a mineral extraction application if the public streets would be physically unable to handle the heavy truck traffic and if the applicant refuses to fund the necessary improvements. The applicant shall not be responsible for routine maintenance of public streets.

(n) Application requirements: each application for a mineral extraction use involving an excavation of more than one acre shall include the following:

1. Present uses of the site;

2. A scaled map, prepared by a registered professional engineer, showing the locations of:

a. The proposed area to be excavated (and maximum depth);

b. Other land to be affected including, but not limited to:

i. Storage sites for overburden;

ii. Access and haulage streets;

iii. Storage sites for equipment; and

iv. Offices and other accessory structures.

c. Lot lines of adjacent lots and owners and existing uses of these lots;

d. Watercourses, bodies of water, street rights-of-way, buildings and publicly- owned recreation areas within 300 feet of the boundaries of land to be affected by the mineral extraction operation; and

e. Any forested areas to be removed or protected and preserved as part of the use.

3. A detailed land reclamation plan of the area to be excavated, showing:

a. Proposed use and topography of the land following the mineral extraction; and

b. Actions to be taken during mining to conserve and replace topsoil removed during mining operations.

4. Reasonable assurances that the applicant will be capable of reclaiming the land in accordance with the plan within a reasonable time after completion of the mineral extraction operations to be covered by the requested permit.

(o) Regulation of the maximum acreage actively used for mineral extraction.

1. To ensure that large areas of land will be reclaimed in compliance with state and borough regulations, the Borough Council may establish a maximum number of acres which may be “affected by mineral extraction” at any one time on any lot or any series of lots owned by one applicant or closely related applicants.

2. Land “affected by mineral extraction” shall mean all total land area at any point in time that is currently under active mineral extraction, that is not adequately reclaimed or backfilled following prior extraction operations and/or that contains waste or spoil piles from existing or prior mining activities.

(35) Mobile/manufactured home on an individual lot or within a mobile/manufactured home park:

(a) Shall be constructed in accordance with the Safety and Construction Standards of the U.S. Department of Housing and Urban Development. These standards supersede the BOCA Code;

(b) Shall have a site graded to provide a level, stable and well-drained area;

(d) Foundation. Shall be placed on a permanent foundation as follows, unless the applicant proves to the satisfaction of the Zoning Officer that another method recommended by the manufacturer of the home would be adequate:

1. The foundation system shall consist of ten-inch diameter concrete piers, concrete footing perpendicular to the main longitudinal frame, or equivalent and shall be installed from ground level to below the frost line (36 inches minimum). This foundation system shall be placed on eight feet centers along each of the two main longitudinal frames for each section of the home with no more than three-foot overhang at each end of the section;

2. One-half inch diameter by 12-inch long eyebolts shall be cast in place at each corner and at two midpoints in the concrete piers, concrete footing or equivalent. Concrete blocks shall be used to support the home on the foundation system and wood shims may be used for final leveling. The concrete support blocks shall not be wider than the support foundation;

3. The mobile/manufactured home shall be securely anchored or tied down with cable and turn buckles or equivalent connecting the frame to the cast in place eyebolts on at least four corners and two midpoints. The tiedown shall also be in accordance with the manufacturers’ recommendations furnished with each home;

4. Homes shall not be placed more than four feet above the supporting ground area;

5. Shall be enclosed from the bottom of the home to the ground or stand using industry-approved skirting material compatible with the home;

6. Shall have a pitched instead of a flat roof; and

7. Should be located with the longest side facing the public street.

(36) Mobile/manufactured home park:

(a) Shall have a minimum tract size of five acres and a maximum overall density of no more than four mobile homes per acre (which may include land in common open space or proposed streets);

(b) All units shall be served by public sanitary sewer and public water service;

(c) Shall have a 25-foot buffer yard around the perimeter of the site, meeting the requirements of § 155.152 of this chapter;

(d) Minimum separation between dwelling units: 20 feet;

(e) Minimum building setbacks:

1. From the exterior lot lines of the mobile home park: 50 feet;

2. From the future right-of-way of any arterial and collector streets: 50 feet;

3. From local streets or the cartway of a private street: 25 feet; and

4. From parking courts of three or more off-street spaces: 15 feet.

(f) Recreation area: see the requirements of Chapter 154 of this code of ordinances, as amended;

(g) Each unit shall comply with the requirements for mobile/manufactured homes, in § 155.136 of this chapter;

(h) A mobile/manufactured home park may include a recreation center for residents, a rental/management office, maintenance buildings for the park, a swimming pool(s) and the sale of mobile/ manufactured homes that will be placed on the tract, but not the sale of homes for placement off the tract; and

(i) If any of these requirements conflict with those of the mobile home park regulations of Chapter 154 of this code of ordinances, as amended, then the regulations of this section shall apply instead.

(37) Nursery school: see “day care/nursery school” in this section;

(38) Nursing home:

(a) Licensing: see definition in § 155.008 of this chapter;

(b) A minimum of 20% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks;

(d) Setback: principal and accessory buildings shall be setback a minimum of 50 feet from any lot line of an existing dwelling or undeveloped residentially zoned land, unless a more restrictive setback is required by another section.

(39) Personal care center: the standards for nursing homes in this section shall apply;

(40) Picnic grove:

(a) No outdoor area within 250 feet of an existing dwelling shall be actively used by patrons between the hours of 9:00 p.m. and 7:00 a.m.; and

(b) See noise and glare standards in §§ 155.170 through 155.181 of this chapter.

(41) Place of worship:

(a) Minimum lot area: one and one-half acres;

(b) Weekly religious education rooms and meeting rooms are permitted accessory uses; provided that, such uses are of such a character and intensity that they would be clearly customary and incidental to the place of worship. A nursery school/day care center is also permitted, within the specific requirements for such use in this section. Non-commercial buses used primarily to transport persons to and from religious services may be parked on the lot;

(c) A maximum of one dwelling unit may be accessory to a place of worship on the same lot. However, no dwellings shall be permitted within industrial zoning districts; and

(d) The use of any building for worship by a maximum of five persons at any point in time is not regulated under this chapter, and is permitted by right in all districts.

(42) Plant nursery:

(a) Evergreen screening and buffer yards are not required around the outdoor storage of trees or shrubs;

(b) The only retail sales that shall be permitted shall be of trees and plants that were primarily grown upon the lot and clearly customary and accessory sales of closely related items (such as mulch, topsoil and tools) unless retail sales or a “retail store” are specifically permitted in the district; and

(43) Recycling collection center:

(a) This use shall not be bound by the requirements of a solid waste disposal facility;

(b) All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid any fire hazards;

(d) A 25-foot buffer yard with screening as described in § 155.152 of this chapter shall be provided between this use and any abutting dwelling or abutting undeveloped residentially zoned land;

(e) This use may be a principal or accessory use, including being an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a borough-owned use, subject to the limitations of this section;

(f) Materials to be collected shall be of the same character as the following materials: paper, cardboard, plastic, metal, aluminum and glass. No garbage shall be stored as part of the use, except for that generated on-site and that accidentally collected with the recyclables;

(g) The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or landfilling shall occur. No mechanical crushing of cans shall occur within 150 feet of a dwelling;

(h) The use shall not include the collection or processing of pieces of metal that have a weight greater than 50 pounds, except within an industrial district; and

(i) Any recycling collection center shall include the delivery to the site of a maximum of 250 tons of materials if within an industrial district and 20 tons if within a non-industrial district during any 24-hour period. A maximum of 200 tons of materials shall be stored on a lot within a non-industrial district at any one time. Only materials clearly being actively processed for recycling may be stored on site.

(44) Restaurant, fast food or standard:

(a) Dumpster screening and waste containers: see § 155.181 of this chapter; and

(b) A maximum of two outdoor menu boards are permitted, beyond the signs normally permitted, with a maximum sign area of 40 square feet each if drive-thru service is provided, if the words on such signs are not readable from beyond the lot line.

(45) School, public or private, primary or secondary:

(a) Minimum lot area: one acre, unless a larger acreage is required by another section of this chapter;

(b) No children’s play equipment, basketball courts or illuminated recreation facilities shall be within 25 feet of a lot line of an existing dwelling;

(c) If the use involves more than 25 persons routinely on the lot at any one point in time, the use shall be served by both public sewer and public water services; and

(d) The use shall not include a dormitory unless specifically permitted in the district.

(46) Self-storage development:

(a) All storage units shall be fire-resistant and water-resistant;

(b) Outdoor storage shall be limited to recreational vehicles, boats and trailers. No “junk vehicles” shall be stored within view of a public street or a dwelling;

(c) Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins or similar items shall not be stored;

(d) Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or accessways;

(e) Major body work on vehicles shall not be permitted. The use shall not include a commercial auto repair garage unless that use is permitted in the district and the use meets those requirements;

(f) Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses;

(g) All outdoor storage areas located within 200 feet of the future right-of-way of an expressway, arterial street or collector street shall be separated from that street by a buffer yard with screening under § 155.152 of this chapter;

(h) Maximum building length: 200 feet; and

(i) Minimum separation between buildings: 20 feet.

(47) Solid waste transfer facility:

(a) See definition in § 155.008 of this chapter;

(b) All solid waste storage shall be at least 200 feet from the following: public street right-of-way, exterior lot line, 100-year floodplain, edge of a surface water body (including a water-filled quarry) or wetland of more than two acres in area;

(c) All areas to be used for the storage or processing of solid waste shall be a minimum of 500 feet from any of the following: residential district, publicly-owned recreation use, existing dwelling that the applicant does not have an agreement to purchase or banks of any perennial creek or river;

(d) The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 25 feet each. One of these accesses may be limited to use by emergency vehicles;

(e) No burning or incineration shall occur as part of the use;

(f) The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit under this chapter. Violations of this condition shall also be considered to be violations of this chapter;

(g) Open dumps and open burning of refuse are prohibited in all districts;

(h) The applicant shall prove to the satisfaction of the Borough Council that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash hauling trucks through or alongside existing residential or residentially zoned areas;

(i) The applicant shall prove to the satisfaction of Borough Council that the use would not routinely create noxious odors off of the tract;

(j) A chainlink or other approved fence with a minimum height of six feet shall surround active solid waste disposal areas to prevent the scattering of litter and to keep out children, unless the applicant proves to the satisfaction of Borough Council that it is unnecessary. The Borough Council shall require adequate earthen berms, evergreen screening and shade trees meeting the requirements of § 155.197 of this chapter as needed to prevent the operations from being visible from an expressway or arterial streets or dwellings;

(k) Minimum lot area: five acres for the first 250 tons per day of capacity of solid waste per day, plus one acre for each additional 100 tons per day of capacity, with a maximum total of 750 tons of capacity per day;

(l) Health hazards: the facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors;

(m) Attendant: an attendant shall be present during all periods of operation or dumping;

(n) Gates: secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access;

(o) Emergency access: the operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency sendees to determine potential hazards. Adequate means of emergency access shall be provided;

(p) Under authority granted to the borough under Act 101 of 1988, the hours of operation shall be limited to between 7:00 a.m. and 9:00 p.m.;

(q) Tires: see “outdoor storage and display” in § 155.137 of this chapter;

(r) Litter: the operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks;

(s) Dangerous materials: no radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed or incinerated. Infectious materials are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases;

(t) The applicant shall provide sufficient information for the borough to determine that the requirements of this chapter will be met;

(u) State requirements: nothing in this chapter is intended to supersede any state requirements. It is the intent of this chapter that when similar issues are regulated on both the borough and state levels, that the stricter requirement shall apply for each aspect, unless it is determined that an individual state regulation preempts borough regulation in a particular aspect. The applicant shall provide the Borough Secretary with a copy of all written materials and plans that are submitted to State DER at the same time as they are submitted to DER;

(v) A recycling collection center and/or bulk recycling center are permitted in combination with permitted solid waste transfer facility;

(w) All loading and unloading of solid waste shall only occur within an enclosed building and over an impervious surface drains to a holding tank that is then adequately treated;

(x) At least a portion of the solid waste disposal facility shall be within one mile by street of an interchange of an expressway; and

(y) The applicant shall provide a professional analysis of the expected impacts of the facility on air quality, ground water quality and surface water quality and expected health hazards to humans.

(48) Stable, non-household:

(a) Minimum lot area: four acres; and

(b) Any horse barn, corral, fenced-in area or stable shall be a minimum of 75 feet from any lot line and 150 feet from any adjacent existing dwelling.

(49) Swimming pool, non-household:

(a) The water surface shall be setback at least 50 feet from any existing dwelling;

(b) Minimum lot area: two acres;

(c) Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by evergreen screening meeting the requirements of § 155.152 of this chapter; and

(d) The water surface shall be surrounded by a secure, well-maintained fence at least six feet in height.

(50) Target range:

(a) All target ranges shall have a barrier behind the target area which is of sufficient height and thickness to adequately protect the public safety. This barrier shall be made of earth for a firearms range;

(b) A firearms target range shall comply with National Rifle Association standards and other applicable federal, state and local regulations;

(c) A firearms target range shall be located a minimum of 250 feet from the lot line of any existing residential use or undeveloped residentially coned land, unless within a completely enclosed sound-resistant building; and

(d) An outdoor firearms range shall be fenced and be properly posted.

(51) Theater, outdoor:

(a) Shall be on a lot abutting an arterial street or collector street (as defined on the Official Street Classification Map);

(b) Shall have a lot area of at least eight acres;

(d) The movie screen and any building shall be located at least 100 feet from any dwelling;

(e) A playground and snack shop are permitted as accessory uses;

(f) Pornographic, obscene or sexually explicit films shall not be shown; and

(g) An outdoor theater for musical shows and similar events is permitted without additional regulation within a publicly-owned recreation area.

(52) Townhouses and garden apartments:

(a) Maximum number of dwelling units within any building or within attached buildings: 16 for any building, including garden apartments, eight for any other building(s);

(b) Maximum density: the total lot area of the “tract” (as defined in § 155.008 of this chapter (see also definition of “lot area”)), after the deletion of any right-of-way required to be dedicated for abutting streets, shall be divided by 5,500 square feet per dwelling unit to determine the maximum permitted number of dwelling units within the tract. Rights-of-way of proposed public or private streets within the tract shall not be deleted from the lot area for the purposes of determining maximum density. The permitted dwelling units may be placed anywhere within the tract; provided that, all other requirements of this chapter are met;

(c) Variety in design: developments of more than 50 dwelling units should include a variety of complimentary designs and colors between buildings or clusters of buildings to avoid extreme repetition. Extreme design and color variations on different parts of the same building are discouraged. Variation in roof lines of structures is strongly encouraged;

(d) Changes in facade: for every attached grouping of townhouses, a minimum of two changes in the front wall plane shall be provided. Such change shall involve a minimum variation or offset of four feet. This requirement may be met by differing setbacks between an attached garage and a dwelling, or differing setbacks among different dwellings or differing setbacks along the front of a dwelling, setback further than attached private garage structures;

(e) Buffer yard: a 20-foot wide buffer yard with screening shall be required, as described in § 155.137(D) of this chapter, between any townhouse or garden apartment and any abutting existing single- family detached dwelling that is within 150 feet of the proposed garden apartment or townhouse building. The buffer yard shall be the responsibility of the developer of the townhouses or garden apartments;

(f) Accessory uses and structures,

1. See § 155.137 of this chapter for regulations on specific accessory uses. A five-foot minimum setback is required for all permitted accessory uses or structures, except:

a. A one-foot setback is required along the shared lot line of attached buildings;

b. Where a larger setback is required by division (A)(52)(h) below; and

c. A 25-foot wide minimum setback shall be maintained abutting the existing right-of-way of any street.

2. To avoid incompatible structures in a higher density environment, townhouse developers are strongly encouraged to establish deed restrictions or homeowner association regulations controlling the general types and materials of attached decks, fences and accessory structures that may be added or constructed in the future.

(g) Maximum building length: 160 feet;

(h) Building setback and separation:

1. Minimum setback for townhouse and garden apartment buildings and their permitted accessory structures: 50 feet from all exterior lot lines and all existing street rights-of-way exterior to the tract, except:

a. The minimum setback shall be 75 feet for principal buildings from a lot line of an existing single-family detached dwelling; and

b. The minimum setback shall be 25 feet for principal and accessory buildings from a private street cartway or the existing right-of-way of a street constructed within the tract.

2. Separation: each principal building shall be separated by a minimum of 20 feet from any other principal building.

(i) Minimum width of townhouses: each townhouse dwelling unit shall have a minimum width of 18 feet, except the minimum width shall be 26 feet for any townhouse with two or more off-street parking spaces located in the required front yard of a building or that has garage door(s) for two or more motor vehicles facing onto the front of the townhouse lot;

(j) Minimum private area.

1. For each townhouse, there shall be a yard, balcony, patio or other outdoor area other than a driveway immediately adjacent to the front, back or side of each dwelling of not less than 200 square feet for the exclusive use of the occupants of that dwelling.

2. If townhouses are subdivided into individual lots, the minimum lot area shall be the building footprint, plus this 200 square feet.

3. Design measures shall be used to seek an appropriate level of privacy in any rear yards. Such measures might include landscaped screening, compatible fencing or earthen berming. The intent is to avoid the placement of incompatible fencing by individual lot owners in the future.

4. Storage: if the maintenance of grass yards in front of or behind a townhouse would be the responsibility of an individual homeowner, a storage area suitable for storing lawn maintenance equipment shall be provided with appropriate outside access.

(k) Construction of private streets: see § 155.150 of this chapter;

(l) Architectural renderings: preliminary architectural renderings, models or photos are requested for any garden apartment or townhouse development of more than 25 units;

(m) Preservation of natural buffers: see § 155.152(D)(3)(c) of this chapter;

(n) Garages: it is strongly recommended that all townhouses, be designed so that garages and/or carports are not an overly prominent part of the view from public streets. For this reason, parking courts, common garage or carport structures or garages at the rear of dwellings are encouraged instead of individual garages opening onto the front of the building, especially for narrow townhouse units;

(o) Mailboxes: any mailboxes provided within the future street right-of-way shall be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of non-coordinated types at the curbside are specifically discouraged;

(p) Trash bins: for any garden apartment or rental townhouse development, common trash receptacles shall be provided in locations that are convenient for residents and for collection. Screening is required by § 155.181 of this chapter;

(q) Access: vehicular access points onto all arterial and collector streets shall be minimized to the lowest reasonable number. No townhouse dwelling within a tract of five or more dwelling units shall have its own driveway entering onto an arterial or collector street;

(r) Minimum tract width and depth: 150 feet each; and

(s) Paved area setback: all off-street parking spaces, except spaces on driveways immediately in front of carport or garage entrance, shall be setback a minimum of ten feet from any dwelling.

(53) Veterinarian office (includes animal hospital):

(a) A minimum lot size of at least one and one-half acres shall be required for those animal hospitals treating small animals (such as cats, dogs, birds or snakes). A minimum lot size of at least three acres shall be required for those offices routinely treating large animals (such as cattle, horses or pigs);

(b) Any structure in which animals are treated or housed shall be a minimum of 100 feet from any residentially zoned undeveloped lot or any lot line of a primarily residential use. Buildings should be adequately soundproofed so that sounds generated within the buildings cannot be perceived within any adjacent dwellings;

(c) Outdoor animal runs may be provided for small animals for use between 8:00 a.m. and 8:00 p.m.; provided, the runs are at least 150 feet from any existing dwelling and provided that the runs for dogs are separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking; and

(d) A commercial kennel shall only be an accessory and not a principal use, unless a kennel is permitted in that district and the applicable requirements are met.

(54) Warehouse or wholesale sales:

(a) See off-street loading requirements in § 155.199 of this chapter;

(b) No storage of trash, garbage, refuse, highly explosive or flammable materials, hazardous or highly toxic substances, animals, animal carcasses or similar items shall be permitted;

(c) Uses that would involve the entrance to the use of an average of more than 200 tractor-trailers per weekday shall be required to meet the additional standards in this section for a truck terminal; and

(d) See requirements in § 155.137 of this chapter for “outdoor storage or display”.

(Ord. passed 2-4-1991, § 402)

§ 155.137 ACCESSORY USES.

(A) General. Accessory buildings, structures or uses that are clearly customary and incidental to a permitted by right, special exception or conditional use are permitted by right, except as is provided for in this chapter.

(B) Accessory setbacks. The accessory setback requirements of the applicable district shall apply to every accessory building, structure or use unless a standard that is clearly meant to be more restrictive or less restrictive is specifically stated in this section for a particular accessory use.

(C) Front yard setback. No accessory structure, use or building shall be permitted in a required front yard in any district, unless specifically permitted by this chapter. See the list of “essential services” in § 155.070 of this chapter.

(D) Special standards. Each accessory use shall comply with all of the following standards listed for that use:

(1) Accessory apartment, one within an existing single-family detached dwelling or within an existing single-family semi-detached dwelling (half of a twin dwelling):

(a) Any on-lot septic system shall be recertified if the sewage flows will increase;

(b) The building shall maintain the appearance of a single-family detached dwelling or a single-family semi-detached dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance;

(c) The conversion shall not be permitted if it would require the placement of an exterior stairway on the front of the building or would require the placement of four or more off-street parking spaces in the required front yard;

(d) Separate cooking and sanitary facilities shall be provided for each dwelling unit;

(e) Any off-street parking lot including four or more spaces shall be buffered from abutting dwellings by evergreen screening meeting the requirements of § 155.152 of this chapter;

(f) One of the dwelling units shall be owner-occupied for a minimum period of 12 months following the conversion;

(g) The dwelli ng as it pre-exists shall have a total minimum floor area of 1,500 square feet and the principal dwelling unit shall retain a minimum floor area of 800 square feet;

(h) A maximum of two total dwelling units are permitted; and

(i) Any off-street parking area of four or more spaces shall have evergreen screening meeting the requirements of § 155.153(D) of this chapter between the parking spaces and any abutting dwelling.

(2) Amateur radio antenna:

(a) Height. No amateur radio antenna, including its supporting structure, shall have a total height above the average surrounding ground level of greater than 65 feet in a residential district or 75 feet in any other district; and

(b) Anchoring. Any amateur radio antenna shall be properly anchored to resist high winds.

(3) Bed and breakfast use:

(a) No more than four rental units shall be provided and no more than four persons may occupy one rental unit;

(b) One off-street parking space shall be provided for each rental unit. The off-street parking spaces for the bed and breakfast shall be located either to the rear of the principal building or screened from the street and abutting dwellings by evergreen screening;

(d) There shall not be any signs, show windows or any type of display or advertising visible from outside the premises, except for a single non-illuminated sign with a maximum sign area of four square feet on each of two sides and with a maximum height of eight feet;

(e) The use shall have a residential appearance and character;

(f) The use shall be operated by permanent residents of the lot;

(g) There shall not be separate cooking facilities in any guest room. Food shall only be served to guests who are staying overnight;

(h) The maximum, uninterrupted length of stay at a bed and breakfast shall be 14 days;

(i) The use of any amenities provided by the bed and breakfast, such as swimming pool or tennis court, shall be restricted in use to the clientele and permanent residents of the establishment and their occasional invited guests; and

(j) Any on-lot septic system shall be recertified as being adequate, in accordance with State regulations.

(4) Day care center as accessory use to a residential use:

(a) The following shall be the maximum number of children under age 15 that may be cared for in any dwelling unit:

1. In a single-family detached or single-family semi-detached (twin) dwelling; maximum of six children who are not related to a permanent resident of the dwelling by blood, marriage, adoption or formal foster relationship; provided that, such non-related children shall only be permitted if the total of such non-related children, plus related children who are present in the dwelling is not greater than a total of eight children; and

2. In any dwelling unit other than a single-family detached or single-family semi- detached dwelling: maximum of two children, beyond those children who are related to a permanent resident of the dwelling by blood, marriage, adoption or formal foster relationship.

(b) The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic improvements;

(c) Any day care center involving seven or more children shall be considered a principal use and meet the standards of § 155.136(B) of this chapter for such use, if permitted; and

(d) The use shall be actively operated by a permanent resident of the dwelling.

(5) Fences and walls:

(a) Fences and walls are permitted by right in all districts;

(b) Sight distance: no fence, wall or hedge shall obstruct the sight distance requirements of § 155.152 of this chapter, nor obstruct safe sight distance within an alley;

1. Any fence located in the required front yard of a lot in a residential district shall have a minimum ratio of three to one (3:1) open to structural areas, shall not exceed four feet in height and shall be constructed entirely of wood (and any fasteners required, and any wire mesh attached on the inside of the fence).

2. Fences shall not be required to comply with the rear and side yard setbacks for accessory structures unless the fence would abut a public street.

3. A fence located in a residential district in a location other than the front yard shall have a minimum height of four feet.

4. A fence shall not be required to comply with accessory structure setbacks. Except that no fence shall be built within five feet of a right-of-way, future right-of-way line of a street and a fence in a residential district shall be setback from the property line the following distances:

Structure	Setback
Single-family dwelling	1.5 ft.
Semi-detached dwelling
Common side lot line	No setback
Other side yard	1.5 ft.
Townhouses
Common side lot line	No setback
Other side yard	1.5 ft.

5. No fence shall be located within the paved area setback required under § 155.197, nor within a drainage or utility easement in such a way that it would prevent use of the easement for its intended purpose.

6. Any fence that has one side that is smoother and/or more finished than a second side shall place the smoother side and/or more finished side so that it faces away from the area that is enclosed, unless the fence abuts a business use.

7. The following exceptions are set forth for fence location pertaining to setbacks and locations pertaining to properties with setbacks.

a. Proposed fences that will not be located completely on the applicant’s property, that cannot be maintained completely from the applicant’s side or within the one- and-one-half-foot setback, the applicant must obtain a written and notarized agreement by each adjoining property owner(s) where the fence is proposed, waiving the specific provisions of this chapter, claiming ownership and responsibility of said fence and filed by the Borough Zoning Officer. Location of property lines will be the responsibility of the applicant to verify, through a surveyor’s account, the precise location of property lines.

b. The borough shall not be responsible, through the issuance of a fence permit or otherwise, for any damages or dispute which may arise through the issuance of a fence permit or approving the placement of any fence, where the applicant for a permit has submitted or relied on a survey plat or marker which is in error or at a variance with that of a neighbor.

c. Fences placed within easements must have approval from the Borough Zoning Officer and Borough Council. The applicant must agree to be responsible for all legal costs incurred by the creation and approval of an easement agreement with the borough and recorded in the Office of Recording Deeds for Northampton County, if approved.

8. No part of this division (D)(5)(c) shall prohibit a developer from establishing deed restrictions or homeowner association regulation that further restricts the height, location, and material of fences in addition to those set forth herein.

(d) Walls:

1. Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section, and are permitted by right as needed in all districts;

2. No wall of greater than three feet shall be located in the required front yard in a residential district, except as a backing for a permitted sign at an entrance to a development;

3. A wall in a residential district outside of a required front yard shall have a maximum height of three feet if it is within the minimum accessory structure setback and six feet if it is not; and

4. Walls that are attached to a building shall be regulated as a part of that building, and the regulations of this section shall not apply.

(e) Gates: all fences, walls or continuous hedges more than four feet in height shall be equipped with gates or other suitable passageways at intervals of not more than 250 feet.

(6) Garage sale:

(a) See definition in § 155.008 of this chapter. A garage sale shall not include wholesale sales, nor sale of new merchandise of a type typically found in retail stores;

(b) No garage sales shall be held on a lot during more than four days total in any three consecutive months; and

(7) Home occupation:

(a) The home occupation shall be conducted within buildings;

(b) The home occupation may be conducted within a principal or accessory residential building; provided that, the total area used for a home occupation shall not exceed 25% of the total floor area of the principal dwelling unit;

(d) There shall be no use of show windows or any type of display or advertising visible from outside the premises, except for a single non-illuminated sign no larger than two square feet in size on each of two sides, and with a maximum height of eight feet;

(e) Parking of trucks: the regulations of § 155.198 of this chapter shall apply. Servicing of the use by trucks other than by U.S. Postal Service vehicles, pick-up trucks or vans shall only occur a maximum of twice per day. The use shall not require the parking of more than three trucks of any type on the lot or on adjacent streets at any period of time;

(f) The use shall not be serviced by tractor-trailer trucks;

(g) Uses permitted as a home occupation include, but are not limited to, art studio, barber shop, beauty shop, office, custom sewing or musical instruction;

(h) The following uses shall not be permitted as a home occupation: animal hospital; stable; kennel; funeral parlor; retail store; restaurant; or truck terminal;

(i) No machinery or equipment shall be permitted that produces noise, noxious odor, vibration, light or electrical interference beyond the boundary of the property;

(j) The Zoning Hearing Board may require such conditions as it deems reasonable and necessary to limit potential adverse effects of a particular use;

(k) Parking and loading: adequate space for off-street parking and loading shall be provided in accordance with §§ 155.195 through 155.199 of this chapter. If such parking cannot be accommodated using a driveway, such areas shall be located to the rear of the lot, if possible;

(l) Building appearance: the exterior of the building and the lot shall not be changed in such a way as to decrease its residential appearance, except for permitted parking spaces and the permitted sign;

(m) No use shall be permitted that would generate noise in excess of what is typical in a residential neighborhood;

(n) See the definition of “home occupation” in § 155.008 of this chapter;

(o) Number of employees: a total maximum of one person shall work on the lot who is not a permanent resident of the dwelling, except:

1. A haircutting/hairstyling use shall only be conducted by a total of one person, who shall be a permanent resident of the dwelling; and

2. An office of a single medical doctor or a single dentist may include a maximum of five employees who are not permanent residents of the dwelling if such use will be adjacent to an arterial street.

(p) Hours: no home occupation shall be conducted in a way that is perceptible from beyond the lot line between the hours of 9:00 p.m. and 7:30 a.m.;

(q) Hazardous substances: the use shall not involve the storage or use of hazardous, toxic, flammable or explosive substances, other than types and amounts commonly found in a dwelling;

(r) Traffic: the use shall not reasonably be expected to involve the arrival on the lot for business purposes of more than ten vehicles in any average day, other than the offices of a physician or dentist along an arterial street; and

(s) Any instruction or tutoring shall be limited to a maximum of four pupils being on the property at any one time.

(8) Home office:

(a) Shall meet all of the requirements for a home occupation; except that, the use shall be permitted by right and not a special exception; and, except that, any requirements of a home office that are more strict than for a home occupation shall apply;

(b) Shall not involve any parking or use of trucks on the lot or on the street other than routine permitted deliveries;

(c) Traffic: shall not reasonably be expected to involve the arrival on the lot for business purposes of more than five vehicles in any average day;

(d) Shall meet the definition in § 155.008 of this chapter for a “home office”;

(e) Only persons who are permanent residents of the dwelling shall work on the premises; and

(f) Shall not involve any sign identifying the business.

(9) Keeping of pets. (Note: this does not apply to “animal husbandry” which is regulated by § 155.136 of this chapter, nor to keeping of animals permitted as an accessory use under the definition of “crop farming” in § 155.008 of this chapter.)

(a) This is a permitted by right accessory use in all districts.

(b) No use shall involve the keeping of animals or fowl in such a manner or of such types of animals that it creates a serious nuisance (including noise or odor), a health hazard or a public safety hazard. The owner of the animals shall be responsible for collecting and properly disposing of all fecal matter from pets.

(c) The total number of dogs and cats shall be a combined maximum of five, unless the animals would be regularly kept at least 200 feet from the nearest dwelling. No numerical restriction shall apply to cats and dogs of less than six months age.

(d) Pigeons, chickens, ducks, geese and similar fowl shall only be kept on lots of larger than two acres. A maximum of 12 such birds shall be permitted under this section. Such birds shall be kept a minimum of 25 feet from any lot line and 75 feet from any dwelling other than that of the owner of the animals.

(e) In any zoning district it is permitted to maintain up to two horses on a lot of two acres or more. Any horse barn, corral, fenced-in area or stable shall be a minimum of 75 feet from any lot line and 150 feet from any existing dwelling other than that of the owner of the horses.

(f) Keeping of more than the specified number of cats or dogs shall be considered a kennel.

(g) Keeping of more than the specified number of pigeons or fowl shall be considered animal husbandry.

(h) Keeping of more than the specified number of horses shall be considered a stable.

(i) Only those pets that are domesticated and are compatible with a residential character shall be permitted as “keeping of pets”. Examples of permitted pets include dogs, cats, rabbits, gerbils and fish, but do not include bears, goats, cows, venomous snakes, pigs or sheep.

(j) Any area used for the keeping of bees shall be setback a minimum of 150 feet from all lot lines.

(k) Exotic animals.

1. Definitions. For the purpose of this division (D)(9)(k), the following definitions shall apply unless the context clearly requires a different meaning.

ANIMAL CONTROL AUTHORITY. Those persons empowered by the borough to implement and enforce this chapter.

EXOTIC ANIMAL. Any non-human vertebrate or invertebrate species of the animal kingdom which is wild, fierce, dangerous, noxious or naturally inclined to do harm, however domesticated, including, but not limited to, the following:

i. Class Mammalia:

(A) Order Artiodactyla (hippopotamuses, giraffes, camels, deer, not cattle or swine or sheep or goats);

(B) Order Carnivora:

(1) Family Felidae (lions, tigers, cougars, leopards, ocelots, servals, not domestic cats);

(2) Family Canidae (wolves, coyotes, foxes, jackals, not domestic dogs);

(3) Family Ursidae (all bears);

(4) Family Mustelidae (weasels, skunks, martins, minks, excluding domesticated ferrets, in accordance herewith);

(5) Family Procyonidae (raccoons, coatis);

(6) Family Hyaenidae (hyenas); and

(7) Family Viverridae (civets, genets, mongooses).

(D) Order Marsupialia (opossums, kangaroos, wallabies, not sugar gliders);

(E) Order Perissodactyla (rhinoceroses, tapirs, not horses or donkeys or mules);

(F) Order Primates (lemurs, monkeys, chimpanzees, gorillas);

(G) Order Proboscidea (elephants);

(H) Order Rodentia (squirrels, beavers, porcupines, not guinea pigs, or rats or mice, or gerbils or hamsters);

ii. Class Reptilia:

(A) Order Squamata:

(1) Family Varanidae (only water monitors and crocodile monitors);

(2) Family Iguanidae (only green iguanas and rock iguanas);

(3) Family Boidae (all species whose adult length has the potential to exceed eight feet in length);

(4) Family Colubridae (only boomslangs and African twig snakes);

(5) Family Elapidae (such as coral snakes, cobras, mambas and the like), all species;

(6) Family Nactricidae (only keelback snakes); and

(7) Family Viperidae (such as copperheads, cottonmouths, rattlesnakes and the like), all species.

(B) Order Crocodilia (such as crocodiles, alligators, caimans, gavials and the like), all species.

PERSON. Any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company joint venture, association, trust, estate or any other legal entity and any officer, member, shareholder, director, employee, agent or representative thereof.

POSSESSOR. Any person who owns, possesses, keeps, harbors, brings into the state, has in one’s possession, acts as a custodian or has custody or control of a exotic animal.

2. Keeping, breeding, selling and exchanging of exotic animals prohibited.

a. It shall be unlawful for any person to own, possess, keep, harbor, breed, bring into the borough, have in one’s possession, act as custodian, or have custody or control of an exotic animal, except in compliance with this act.

b. It shall be unlawful for any person to sell, exchange, adopt or transfer to the wild any exotic animal, subject to the exemptions set forth in division (D)(9)(k)3. below.

c. It shall be unlawful for a person to engage in conduct which places or may place another person in danger of an attack by an exotic animal.

3. Exemptions.

a. The provisions of this act shall not apply to:

i. Any holder of a personal possession permit pursuant to this chapter;

ii. Any duly incorporated non-profit animal protection organizations housing an exotic animal at the written request of the animal control authority;

iii. Any animal control or law enforcement agencies or officers acting under the authority of this act;

iv. Any licensed veterinary hospitals or clinics;

v. Any licensed wildlife sanctuary;

vi. Any licensed or accredited research or medical institution;

vii. Any licensed or accredited educational institution;

viii. Any licensed circus or amusement show; or

ix. Any licensed person temporarily transporting exotic animals through the borough if the transit time is not more than 96 hours, which provides proper cages, fences and other protective devices adequate to prevent such animal from escaping or injuring the public, or causing a health hazard due to fecal matter, or otherwise.

b. Domesticated ferrets are permitted as house pets; provided that, the following requirements are met.

i. Ferrets must be de-scented.

ii. Ferrets must be spayed or neutered.

iii. Ferrets are to be vaccinated, except as otherwise provided herein. Vaccination documents or a statement from a licensed veterinarian advising against vaccination shall be furnished upon request.

iv. No breeding of ferrets is permitted.

v. Ferrets are not to be at large when outdoors.

c. Vietnamese potbellied pigs are permitted as house pets; provided that, the following requirements are met.

i. The pet owner is to obtain a document from a licensed veterinarian or a nationally recognized registry certifying that the pet is a Vietnamese potbellied pig.

ii. No more than two Vietnamese potbellied pigs are permitted and shall be primarily indoor pets.

iii. Vietnamese potbellied pigs are to be spayed or neutered.

iv. No breeding of Vietnamese potbellied pigs is permitted.

v. Vietnamese potbellied pigs are not to be at large when outdoors.

vi. Vietnamese potbellied pigs are to be vaccinated, except as otherwise provided herein. Vaccination documents or a statement from a licensed veterinarian advising against vaccination shall be furnished upon request.

4. Personal possession permit required for possessor.

a. A person may obtain a personal possession permit for an exotic animal only if the following are met.

i. The person was in legal possession of an exotic animal prior to the effective date of this act and is the legal possessor of the exotic animal.

ii. The person applies for and is granted a personal possession permit as set forth under this section for each such exotic animal in the person’s possession by the date which is six months from the effective date of this chapter.

b. Persons who meet the requirements set forth in division (B)(9)(k)4.a. above shall annually obtain a personal possession permit from and after the effective date of this chapter, no new exotic animal shall be brought into possession under authority of a personal possession permit.

c. An applicant shall file an application to receive a personal possession permit with the animal control authority on forms provided by the animal control authority. The application shall include the following:

i. A written statement which sets forth the following information:

(A) The name, address, telephone number and date of birth of the applicant;

(B) The description of each exotic animal the applicant possesses, including the scientific name, name, sex, age, color, weight and any distinguishing marks or coloration that would aid in the identification of such animal;

(D) The exact location where the exotic animal is to be kept;

(E) The names, addresses and telephone number of the person from whom the applicant obtained the exotic animal if known; and

(F) The name, address and phone number of the veterinarian providing veterinary care to the exotic animal and a certificate of good health from the possessor’s veterinarian.

ii. A certification in writing and notarized by a notary public that:

(A) The applicant is 18 years of age or older;

(B) The applicant has not been convicted of or found responsible for violating a local or state law prohibiting cruelty, neglect or mistreatment of an animal;

(D) The applicant has regularly provided veterinary care to the exotic animal when needed and will provide such care in the future; and

(E) Proof that a licensed veterinarian has spayed or neutered the exotic animal, or if no proof can be made, a statement that the animal has been spayed or neutered as made by an examining physician. In the alternative, if a licensed veterinarian has determined that the spay or neuter procedure would endanger the well-being of the exotic animal, a statement of such licensed veterinarian to that effect.

iii. A plan for the quick and safe recapture of the exotic animal if the exotic animal escapes and for the destruction of the exotic animal if such recapture is not possible;

iv. Proof of a policy for liability insurance in an amount of not less than as set by the borough for each occurrence for liability damages for destruction of or damage to property and death or bodily injury to a person caused by the exotic animal. The possessor of an exotic animal shall provide proof of such policy for liability insurance to the animal control authority on an annual basis;

v. Any additional information the animal control authority may deem necessary to carry out the provisions of this act; and

vi. Fees for application, issuance and renewal of a personal possession permit as established by the animal control authority in order to recover the costs associated with the administration and enforcement of this chapter. The fees collected under this division (D)(9)(k) may be used only to administer and enforce this chapter.

d. A permit shall not be granted unless the animal control authority finds that all of the requirements set forth in this division (D)(9)(k) have been met.

e. The personal possession permit shall set forth all of the following information:

i. The name, address, phone number and date of birth of the permit holder;

ii. The address, if different than above, where the exotic animal(s) will be kept;

iii. The name, number, sex, species, age of the exotic animal(s) and any distinguishing marks or coloration that would aid in the identification of the animal;

iv. The name, address and phone number of the veterinarian who provides veterinary care to the exotic animal(s) named on the permit; and

v. Any other relevant information the animal control authority may deem necessary.

f. The animal control authority shall keep records of who is carrying a valid permit. A permit holder shall notify the animal control authority of any changes of the information stated on the permit, which shall include the death of the exotic animal.

5. Care and treatment of exotic animals held under a personal possession permit.

a. An exotic animal shall not be tethered, leashed, chained outdoors or allowed to run at large.

b. An exotic animal shall not be mistreated, neglected, abandoned or deprived of necessary food, water and sustenance.

c. A person transporting an exotic animal in a vehicle shall keep the animal securely caged in the vehicle at all times.

d. The possessor shall contact the animal control authority, a wildlife sanctuary or other organization maintained for the benefit of such animals if the possessor can no longer care for the exotic animal prior to euthanasia of the exotic animal.

6. Notification.

a. The possessor of an exotic animal shall have continuously posted and displayed at each possible entrance onto the premises where an exotic animal is kept a conspicuous sign, clearly legible and easily readable by the public warning that there is an exotic animal on the premises. In addition, the possessor shall conspicuously display a sign with a warning symbol that informs children of the presence of an exotic animal.

b. If any exotic animal unintentionally escapes, the possessor of the exotic animal shall immediately contact a law enforcement officer of the borough where the possessor resides to report the escape or release. The possessor is liable for all expenses associated with efforts to recapture the animal.

7. Public contact. The permittee shall not bring an exotic animal to any public property or a commercial retail establishment unless the permittee is bringing the animal to a licensed veterinarian or a veterinarian clinic.

8. Enforcement of article. The animal control authority, its staff, its agents, local law enforcement agents or county sheriffs are authorized and empowered to enforce the provisions of this chapter.

9. Inspection. The possessor of an exotic animal, at all reasonable times, shall allow the animal control authority, its staff, and its agents to enter the premises where the animal is kept to ensure compliance with this chapter.

10. Denial of personal possession permit; appeal.

a. If the animal control authority finds that an applicant for an original or renewal of a personal possession permit does not meet the requirements set forth herein the animal control authority shall deny the applicant a personal possession permit and give the applicant written notice of the denial and the reasons for the denial.

b. If the animal control authority finds that a person has not complied with this chapter, the animal control authority may suspend or revoke the personal possession permit and give the possessor written notice of the suspension or revocation and the reasons for the suspension or revocation.

c. A person who is denied a personal possession permit, denied a renewal of a personal possession permit, or who has had a permit suspended or revoked may appeal the decision to the District Court for the municipality in which the animal is located no later than the fifteenth day after the permit is denied, suspended or revoked. An appeal from the District Court shall be to the Court of Common Pleas of Northampton County, Pennsylvania.

11. Confiscation and disposition of exotic animals.

a. The animal control authority may immediately confiscate any exotic animal if the animal is kept in contravention of this chapter. The possessor is liable for the costs of confiscation, placement and care for the exotic animal until the time of the return to the possessor or until the animal has been relocated to an approved facility.

b. If an exotic animal is confiscated due to the animal being kept in contravention of this chapter, the possessor must post a security bond with the animal control authority in an amount sufficient to guarantee payment of all reasonable expenses expected to be incurred in caring and providing for the animal, including, but not limited to, the estimated cost of feeding, medical care and housing for a minimum of 30 days. The security bond or cash shall not prevent the animal control authority from disposing of the animal at the end of the 30 days unless the person claiming the animal posts an additional security bond or cash with the animal control authority to secure payment of all reasonable expenses expected to be incurred in caring and providing for the animal for an additional 30 days, and does so prior to the expiration of the first 30-day period. The amount of the security bond or cash shall be determined by the animal control authority and based on the current rate to feed, provide medical care and house the animal.

c. If the possessor of a confiscated exotic animal cannot be located or if a confiscated exotic animal remains unclaimed, the animal control authority, at its discretion, may contact a licensed facility or individual and allow the animal to be adopted by such facility or individual or may euthanize the animal.

d. If the exotic animal cannot be taken up or recaptured safely by the animal control authority or if proper and safe housing cannot be found the animal control authority may immediately euthanize the animal.

e. An exotic animal may be returned to the possessor only if, to the satisfaction of the animal control authority, the possessor has a personal permit, has corrected the conditions resulting in the confiscation and has paid the cost of placement and care of the animal while under the care and control of the animal control authority.

12. Penalties. Whoever violates this chapter shall be guilty of a misdemeanor.

13. Effective date.

a. Except as provided by this section, this division (D)(9)(k) took effect on the date the ordinance is signed into law.

b. Not later than six months from the effective date of this division (D)(9)(k), the animal control authority shall implement and administer the prohibitions of the keeping of exotic animals under this chapter, including, but not limited to, the creation of the personal possession permit program established by this chapter, orders relating to applications for personal possession permits and renewals, fees for permit and renewals and the form and content of the application.

c. A person shall have until the date which is six months from the effective date of this chapter to obtain a personal possession permit.

14. Powers and duties of Animal Control Authority. Any officer whose duty it is to enforce this chapter or any officer investigating any alleged violation of this chapter shall have the power and duty to:

a. Enforce all provisions of this chapter relating to exotic animals and arrest any person who has violated any of the provisions of this chapter while in pursuit of that person immediately following the violation;

b. Go upon any land or water outside of buildings, posted or otherwise, in the performance of the officer’s duty;

c. Secure, execute and serve all warrants and subpoenas for suspected violations of this chapter;

d. Carry firearms or other weapons, concealed or otherwise, in the performance of the officer’s duties;

e. Purchase and resell exotic animals or any part thereof, for the purpose of securing evidence;

f. Stop and inspect, examine or search, at any time or place, any person or means of transportation or its attachment or occupants, or any clothing worn by any person, or any bag, clothing or container within the borough upon reasonable suspicion of a violation of this division (D)(9)(k) and upon presentation of official identification and statement regarding the purpose of the inspection or search;

g. When making an arrest or an investigation or when found in the execution of a search warrant, seize and take possession of any exotic animals held in possession and any equipment or evidence related to the possession of such exotic animals within the borough;

h. Demand and secure assistance when the officer deems it necessary;

i. Demand and secure identification from any person; and

j. Require the holder of any personal possession permit required by this chapter to sign the holder’s name on a separate piece of paper in the presence of the requesting officer.

(10) Leaf composting:

(a) Shall be limited to the composting of biodegradable vegetative material, including grass clippings, trees, shrubs, leaves and vegetable waste;

(b) Shall be conducted in such a way that a fire, rodent or disease-carrying insect hazard is not created; and

(c) Composting areas of greater than one acre shall be setback 50 feet from all lot lines. Areas of grass clippings composting of less than one acre shall be setback a minimum of 25 feet from any adjacent dwelling.

(11) Outdoor storage and display, commercial or industrial (as a principal or accessory use):

(a) Location: shall not occupy any part of the existing or future street right-of-way, area intended or designed for pedestrian use, required parking area, or part of the required paved area setback; (See § 155.212(G) of this chapter.)

(b) No outside industrial storage shall be located on land with an average slope in excess of 15%;

(d) Tires: if more than 250 tires are stored on a lot, each stack shall be a maximum of 20 feet high and cover a maximum of 400 square feet. Each stack shall be separated from other stacks by a minimum of 50 feet; and

(e) No outside commercial or industrial storage or display shall be permitted in a required front yard in the LI District.

(12) Recreational vehicle, storage of one or two: a maximum of two uninhabited recreational vehicles in transportable condition may be stored on a lot within the following limitations:

(a) A recreational vehicle of longer than 35 feet shall not be stored for greater than three days in any seven-day period within a required front yard;

(b) A vehicle stored on the lot of a single-family detached house shall be setback a minimum of three feet from the lot line of an abutting single-family detached house;

(c) Any recreational vehicle that is required to be registered or licensed under state law to be operated and is not registered or licensed shall be kept out of view from any public street or existing dwelling (other than that of the owner); and

(d) One recreational vehicle may be inhabited as a temporary accessory residence to a single- family detached dwelling for a period of seven days, once in a calendar year.

(13) Residential accessory structure (see definition in § 155.008 of this chapter):

(a) Accessory structures and uses (other than fences) shall not be within the required accessory use setback as stated in §§ 155.065 through 155.072 of this chapter, unless specifically exempted by this chapter;

(b) Accessory buildings on a lot with a lot area of one acre or less in a residential district shall meet the following requirements:

1. Maximum height: 25 feet;

2. Maximum total floor area of all accessory buildings: 1,000 square feet; and

3. Maximum of two accessory buildings per lot.

(c) Any skateboard ramp shall be clearly intended for use by permanent residents of the dwelling and their occasional guests. Any such skateboard ramp shall be a maximum of three feet in height and five feet in length and be moved inside when not in use.

(14) Retail sales of agricultural products produced locally:

(a) The use shall be an accessory use incidental to a crop farming or animal husbandry use;

(b) The only retail sales shall be of agricultural products. A minimum of 75% of the products sold shall have been grown by the operator of the retail sales use, or a member of his or her immediate family or a leasee of their land;

(d) All buildings erected for this use that are not clearly permanent in nature shall be disassembled during seasons when products are not offered for sale;

(e) Signs: see § 155.218 of this chapter;

(f) No stand shall be located closer than 25 feet from any lot line;

(g) A maximum of 2,000 square feet of building floor area may be used for such use; and

(h) The use may occur as an accessory use within an existing dwelling or barn.

(15) Satellite antennas:

(a) Intent: to provide for reception of satellite communications, while assuring that such uses will not detract from the character of any area or adversely affect property values. This section recognizes that if not properly installed, a satellite antenna may create a threat to the safety of persons and property. This section recognizes that if properly screened and sited, satellite antennas may avoid visual blight in the immediate area. This section also recognizes that satellite antenna have the potential of being substantially more of a nuisance and a visual blight than most other forms of electronic antenna. The reasons for this special concern about satellite antenna include the usual solidness of the structure (which makes it more visible), the occasional desire to place a satellite antenna in front yards and the fronts of roofs and the overall size of satellite antenna compared to most other non-commercial antenna;

(b) Satellite antenna shall be a permitted by right accessory use in all districts for all uses subject to the restrictions in this division (D)(15);

1. In a residential district, a satellite antenna shall neither be located between a residential use and the front lot line nor on a corner lot between a residential line and any public street (other than an alley);

2. A satellite antenna shall comply with the setback requirements of an accessory use in all districts;

3. A satellite antenna may be placed on the roof of a structure in a residential district only if such antenna would not be visible from a public street. An antenna may be roof-mounted in any other district, without limitations on visibility.

4. A maximum of one satellite antenna shall be permitted on any lot in a residential district.

(d) Size and height:

1. A satellite antenna shall have a maximum diameter of:

a. Eleven feet in a residential district;

b. Fifteen feet in a non-residential district if ground-mounted; and

c. Eleven feet in a non-residential district if not ground-mounted.

2. A ground-mounted satellite antenna shall have a maximum possible height of 15 feet above the average ground level in a residential district; and

3. In a non-residential district, a satellite antenna shall have a maximum height of 25 feet above the average ground level, if the antenna is ground-mounted or 15 feet above the highest point of a roof if roof-mounted.

(e) Screening: any satellite antenna that is ground-mounted shall be screened by appropriate evergreen plantings between the antenna and any public street, unless the applicant proves to the satisfaction of the Zoning Officer that screening in such a location would make it impossible to receive the electronic signals;

(f) Colors: earth tones are strongly encouraged;

(g) Large lot exemption: if a satellite antenna is to be located a minimum of 200 feet from all exterior lot lines, the requirements of this section shall not be binding, other than the height requirements;

(h) Mobile stands: satellite antenna on mobile stands are prohibited, except as may be initially needed to determine the best location for an antenna;

(i) Transmission: no satellite antenna provided for under this section shall be used for the transmission of commercial electronic signals within a residential district; and

(j) Wind resistance: any satellite antenna shall be properly secured so that it will be resistant to high winds.

(16) Swimming pool: household (referred hereafter as “pool”):

(a) The pool shall not involve any commercial use;

(b) Permit:

1. Before any work is commenced on the construction of a pool or any significant alteration or addition to a pool, an applicant shall apply for a construction permit by submitting the following to the Zoning Officer:

a. A site plan showing building locations and the proposed pool location, distances to lot lines in the vicinity of the proposed pool and the location of wells, septic systems and proposed fences or enclosures around the pool;

b. Construction information sufficient to show compliance with the pool provisions of this chapter; and

c. Required fees, based upon the borough fee schedule for building permits.

2. No work shall be commenced until a written permit is issued.

1. An in-ground pool and any pool deck shall be completely surrounded by a fence, wall or similar enclosure not less than four feet in height, which shall be so constructed as to have no openings, holes or gaps larger than six inches in any dimension, other than the vertical spaces within a picket fence. A building may form part of such enclosure. All gates or door openings through such enclosure shall be self-closing and include a self-latching device on. the pool side for keeping the gate or door securely closed at all times when not in use. A door of a building which forms a part of the enclosure need not be self-latching and self-closing;

2. The requirements of this division (D)(16)(c) dealing with enclosures shall apply to both existing and new pools; and

3. Any existing pool that does not comply with these enclosure requirements shall be made conforming within 90 days of the adoption of this chapter.

(d) Enclosure around above ground pool:

1. Any above ground pool shall include an enclosure a minimum of four feet high above the surrounding average ground level. This enclosure may include the walls of the pool itself. Such pools shall be equipped with an access ladder that can be raised and locked in a position so that it is a minimum of four feet above the surrounding ground level or otherwise completely inaccessible to children when the pool is unattended;

2. The requirements of this division (D)(16)(d) dealing with enclosures shall apply to both existing and new pools; and

3. Any existing pool that does not comply with these enclosure requirements shall be made conforming within 90 days of the adoption of this chapter.

(e) Location: a pool and any deck, patio or shelter that is elevated above the average surrounding ground level shall meet the applicable setback requirement for an accessory building. Where practical, a pool shall be located to the rear of a building. A pool is not permitted within a required front yard;

(f) Drainage:

1. A proper method shall be provided for drainage of the water from the pool that will not overload or flood any:

a. On-lot septic system; or

b. Portion of a building or property not owned by the owner of the pool.

2. A pool shall not be located so as to:

a. Interfere with the operation of a well or on-lot septic system; or

b. Threaten to cause a septic system to discharge into the pool or onto the adjacent area around the pool.

(g) Enforcement: the borough shall enforce the requirements of this section when a written complaint is made to the Zoning Officer or when the Zoning Officer becomes aware of a violation. However, it is the responsibility of each landowner to obtain any required permits and to ensure compliance with this section. The borough does not assume responsibility for guaranteeing to the public that all new and existing pools fully comply with these provisions;

(h) Construction: all new pools shall comply with the following requirements.

1. All pools shall include an impervious liner with easily cleaned surfaces. A pool shall not include a sand or dirt bottom that is not covered by such liner.

2. All pool walls and bottoms shall be able to withstand water pressure from within the pool and any pressure from earth or ground water outside of the pool when the pool is empty.

3. A minimum of one set of steps, ladders, step holds or hand holds is required. The coping of the edge of the pool may meet this requirement is such coping is a maximum of eight inches above the water surface.

4. Any inlet from a central water system shall be above the overflow level of the pool. If the water for a pool is supplied by a private water system, there shall be no crossed connection with the central water system.

5. An adequate system shall be provided for the complete recirculation of water throughout the pool. This system shall:

a. Be designed and constructed so that a turn-around at least once every 12 hours is provided; and

b. Include pumping equipment, hair and lint catcher, filters and necessary pipe connections for backwashing and cleaning of filters.

6. Every pool shall include adequate and readily available life preservers, ropes and/or pulls.

(i) Nuisances: a pool shall not be used in such a manner as to result in any of the following:

1. Undue interference with the enjoyment of property rights of adjacent residents;

2. Illumination of adjacent residential properties beyond what is customary in a residential neighborhood;

3. Creation of loud and unnecessary noise beyond what is customary in a residential neighborhood; or

4. Use of musical instruments or playing of a radio or recorded music at a volume louder than is necessary for the convenient hearing of persons at the pool and in such a manner as to disturb the peace of neighboring residents.

(j) Electrical connections:

1. All electrical installation shall comply with the specifications of the National Electrical Code;

2. Electrical wires or conductors shall not cross overhead over or within five feet of any pool surface;

3. Electrical wires or conductors shall not cross on the ground or underground under or within five feet of a pool surface, unless they are enclosed within a rigid conduit;

4. Any underwater lights shall be water-tight, self-contained units with ground connections running from a water-proof junction box to a proper grounding facility or medium. All underground electrical wires supplying current to underwater lights shall be enclosed within a rigid conduit; and

5. All metal fences, enclosures or railings, near of adjacent to a pool, which might become electrically charged as a result of contact with broken overhead conductors, or from any other cause, shall be effectively grounded.

(Ord. passed 2-4-1991, § 403; Ord. 223-2007, passed 2-5-2007; Ord. passed 8-7-2023)