1.   When a use is proposed, the Zoning Officer shall determine which use code classification described herein best defines or matches the use being proposed.

   2.   When a proposed use does not precisely match a use code classification defined herein, the Zoning Officer shall determine the defined use it most closely matches. If the principal use proposed is similar in most respects to a given described use, then the proposed use shall be classified according to the use code established herein.

   3.   All uses permitted by right, conditional approval or special exception shall be subject to use regulations, district regulations regarding lot size, yard widths, building, greenway and impervious coverage, and height regulations, easements, off-street parking requirements, other such general, special or design regulations, and all other provisions as are specified in this Chapter.

   4.   A building, structure, lot or premises shall be permitted only one principal use.

   5.   A building, structure, lot, premises or use may not be altered, partitioned or subdivided in any manner for the purpose of creating an additional use, or additional accessory use, except as may be provided for in this Chapter.

   6.   In compliance with Article IX and Article X-A of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10901 et seq., 11001-A et seq., and the Intergovernmental Cooperation Act, 53 Pa.C.S.A, § 2301 et seq., any specific land use not further defined within this Part of the Chapter shall be covered under zoning ordinances within the municipalities participating in the Indian Valley Regional Comprehensive Plan.

(Ord. 379, 7/6/2009, § 401)

   1.   A use listed by right is permitted subject to the requirements for the district in which it is located, after approval has been granted in accordance with the requirements of the Borough Subdivision and Land Development Ordinance [Chapter 22], if applicable, and after a zoning permit has been issued in accordance with the provisions of this Chapter.

   2.   A use listed as a use permitted by special exception may be permitted as a special exception provided the Zoning Hearing Board authorizes issuance of a zoning permit by the Zoning Officer, subject to the requirements of Part 18 of this Chapter, and after approval has been granted subject to the requirements of the Borough Subdivision and Land Development Ordinance [Chapter 22], if applicable, and such further restrictions as the Borough Council may impose to ensure protection of adjacent uses or the health, safety and general welfare.

(Ord. 379, 7/6/2009, § 402)

   A use listed as a use permitted as a conditional use may be permitted as such provided the Borough Council has granted the conditional use subject to the expressed standards set forth in this Section, and after approval has been granted subject to the requirements of the Borough Subdivision and Land Development Ordinance [Chapter 22], if applicable, and such further restrictions as the Borough Council may impose to ensure protection of adjacent uses or the health, safety and general welfare. Borough Council may request additional review of conditional use applications from the Borough Planning Commission, if it determines that such a review is necessary. In deciding all applications for conditional uses Borough Council should be guided by the following standards and criteria:

      A.   The proposed use should not cause undue noise, glare or pollution of the surrounding areas, as determined by the Borough Council, upon recommendation by the Borough Engineer and Borough Planning Commission.

      B.   Anticipated levels of traffic congestion, noise, glare and pollution created by the proposed use will be similar to the levels created by the uses permitted in that district.

      C.   Any visual or functional conflicts between the proposed use and surrounding existing uses shall be kept to a minimum. Increased setbacks, planted buffers, wooden fences or other measures may be required by the Borough Council to minimize potential conflicts, or to reduce anticipated levels of noise. Visual and functional conflicts include, but are not limited to, loading docks, parking lots, service driveways or large nonresidential buildings adjacent to residential neighborhoods or open space areas, without adequate buffering.

(Ord. 379, 7/6/2009, § 403)

   1.   A use not listed as being permitted by right, special exception, or conditional use in a particular zoning district is not permitted in that zoning district.

   2.   No building may be erected, altered or used and no lot or premises may be used for any trade, processing or business which is noxious or offensive by reason of odor, dust, smoke, gas, vibration, illumination or noise, or which constitutes a public hazard whether by fire, explosion or otherwise.

(Ord. 379, 7/6/2009, § 404)

   1.   Uses permitted by right or as special exceptions or conditional uses shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area, easements and provisions for off-street parking and loading and to such other provisions as are specified in other Parts hereof.

   2.   No zoning permit shall be issued for a use or structure until a certification of the availability of public sewage service is obtained from the servicing authority.

(Ord. 379, 7/6/2009, § 405)

   1.   Travel trailers and temporary trailers are prohibited from being placed on an unpaved area in the front yard of a property. These vehicles or units kept on-site must be kept in the driveway or paved, off-street surface on the property at the furthest accessible point from the street. When placed on the driveway or paved area in the side or rear yard, they shall be located at least 5 feet from any property line. In no case may one of these vehicles or units be placed in the street, create a sight obstruction for vehicular or pedestrian traffic, nor block sidewalks.

   2.   Portable storage units (PODS or similar) are permitted when consistent with the following standards:

      A.   Permit Required. Application; insurance; fee: before placing a portable storage unit on his or her property, a person must submit an application and receive a permit from the Borough. An insurance certificate providing liability insurance in the amount of $500,000 provided by the company supplying the portable storage unit must accompany the application, with the Borough of Telford named as an additional insured party. However, this is not required to be submitted if the Borough already has a certificate from the same company on file that was submitted within the past calendar year. Fees for a 30-day permit shall be determined by the fee schedule. Applications shall be obtained from the Code Enforcement office.

      B.   Duration. Permits will be granted for a period of 30 days in any one 12- month period (per dwelling unit).

      C.   Location. Portable storage units are prohibited from being placed on an unpaved area in the front yard of a property. Portable storage units kept on-site must be kept in the driveway or paved, off-street surface on the property at the furthest accessible point from the street. Where possible, the unit shall be placed on a paved surface to the rear or side of the residential structure. When placed on the driveway or paved area in the side or rear yard, portable storage units shall be located at least 5 feet from any property line.

      D.   Number. Only one portable storage unit may be placed at any property at one time. If multiple units are used sequentially on a property, the permit shall apply to all cumulatively.

      E.   Advertising. Advertising is prohibited on a portable storage unit, with the exception of the name and contact information of the unit’s supplier.

      F.   Hazardous Materials. The use of portable storage units for storage of hazardous materials is prohibited. The Borough Code Enforcement Officer may inspect the portable storage unit to ensure no such materials are being stored inside.

      G.   Condition of Portable Storage Unit. A portable storage unit with holes, breaks, tears or large areas of rust, in the opinion of the Code Enforcement Officer, may not be placed on or in front of any property.

(Ord. 379, 7/6/2009, § 406)

   Nothing in this Chapter shall be constructed to render inoperative any enforceable restriction established by covenants running with the land, and which restrictions are not prohibited by or not contrary to the regulations herein established.

(Ord. 379, 7/6/2009, § 407)

   A lot, whether improved or unimproved, which is of public record in single and separate ownership at the time of enactment of this Chapter may be used for a permitted use in the district in which it is located.

      A.   Reduction of Lot Area. No lot shall be so reduced that the area of the lot, or the dimensions of the required open spaces shall be less than prescribed by this Chapter.

      B.   Modification of Front Yard Requirements. Where an unimproved lot of record is situated on the same street frontage with two improved lots or one unimproved and one improved lot, the front yard requirement for that district may be modified so that the front yard shall be an average of the existing yard.

      C.   Projection into Required Yards. No building and no part of a building shall be erected within or shall project into any required yard in any district, except that:

         (1)   An unenclosed porch under roof, canopy, or trellis, not more than 14 feet in height, cannot encroach a distance of more than 10 feet into a required yard, provided that in no case shall this encroachment extend into such yard more than 40 percent of the required depth of the yard.

         (2)   A terrace, deck, patio or landing place, not covered by a roof, canopy, or trellis, which does not extend above the level of the first floor of the building cannot encroach a distance of more than 12 feet into a required yard, provided that this encroachment is not more than 40 percent of the required minimum depth or width of the yard.

         (3)   A porte-cochere, or carport, may be erected over a driveway in a required side yard, provided that such structure is:

            (a)   Not more than 14 feet in height and 20 feet in length.

            (b)   Entirely open on at least three sides, exclusive of the necessary supporting columns and customary architectural features.

            (c)   At least 3 feet from the side lot line.

         (4)   A buttress, chimney, cornice, pier or pilaster of a building may not project more than 18 inches into a required yard.

         (5)   Open, unenclosed fire escapes, steps, bay windows and balconies may project not more than 3 feet into a required yard.

         (6)   An unattached garage which fronts on an alley and which is accessory to a residential building may be erected within the required rear or side yards provided that it meets the following requirements:

            (a)   The maximum height of such garage be limited to 15 feet.

            (b)   For those lots 22 feet wide or less, a side yard shall not be required.

            (c)   Lots greater than 22 feet, but less than 30 feet, one side yard shall be required of no less than 3 feet.

            (d)   Lots greater than 30 feet, two side yards shall be required of no less than 3 feet each.

            (e)   In those instances where a side yard setback is not provided, a 2- hour rated fire wall shall be constructed on the side lot line side of the structure abutting the neighboring property.

            (f)   The distance from the rear lot line shall not be less than 3 feet.

            (g)   The distance from a principal structure shall not be less than 10 feet.

            (h)   An existing garage, which is nonconforming in respect to setback requirements and which fronts on an existing alley, may be replaced or reconstructed provided that the replacement structure is the same size as the existing structure and shall not exceed the nonconformity anymore than the structure being replaced and that a 3-foot apron be provided.

(Ord. 379, 7/6/2009, § 408)

   On any lot, no wall, fence, sign or other structure shall be erected, altered or maintained, and no hedge, tree, shrub or other growth shall be planted or maintained over 3 feet in height, which will interfere with or obstruct vehicular or pedestrian vision at any intersection of streets or any street or crosswalk. Likewise, sight triangles extending outward from traffic intersections shall be in no way obstructed or blocked from view, as outlined above, so that a clear view is maintained for both vehicle and pedestrian traffic.

(Ord. 379, 7/6/2009, § 409)

   No fence or wall, except a retaining wall, or a wall of a building permitted under the terms of this Chapter, over 6 feet in height, shall be erected unless that portion of the fence or wall which exceeds 6 feet in height has an open area to solid area of at least 50 percent. Fences located within a front yard shall have a maximum height of 4 feet (4'-0") and shall have a minimum of 50% open area.

(Ord. 379, 7/6/2009, § 410; amended by Ord. 407, 1/4/2016, §2)

   Width of street frontage shall be determined by each district. Any district without an established width, each and every lot shall abut a public street for at least 50 feet at the public right-of-way line.

(Ord. 379, 7/6/2009, § 411)

   The provisions of this Chapter are not applicable to public utility facilities used in providing public service other than buildings if such public utility shall, upon petition to the Public Utility Commission, and after a public hearing by such Commission, such Commission shall decide that the proposed situation of the building, structure or facility in question is reasonably necessary for the convenience or welfare of the public.

(Ord. 379, 7/6/2009, § 412)

   No dwelling, multiple dwellings or uses permitted in any district in this Chapter shall be erected or used that is not adequately served with both sanitary sewers and public water supply.

(Ord. 379, 7/6/2009, § 413)

   The following tables list the types of uses permitted, and what districts in which they are permitted:

 

 

(Ord. 379, 7/6/2009, § 414; as amended by Ord. 396, 5/6/2013, § 1; and by Ord. 407, 1/4/2016, § 2)

   Any building or other structure erected, altered or used, and any lot used or occupied, for any of the following purposes shall be provided with minimum off-street parking spaces as set forth below, together with adequate passageways, or driveways or other means of circulation and access to and from a street or right-of-way. Required parking spaces shall be all-weather, and such parking spaces shall be located on the same lot therewith except as provided in § 27-503 of this Chapter.

      A.   Residential Uses.

         (1)   R1, Single-Family Detached Dwelling Unit. A building designed for and occupied exclusively as a residence for only one family and not attached to any other building or dwelling units.

            (a)   Parking. Two all-weather parking spaces on the same lot for each dwelling unit.

         (2)   R2, Duplex (Two-Family Detached). A two-family building with one dwelling unit placed above or beside the other so that they share a common horizontal or vertical partition. When lotted, a duplex shall be entirely on one lot.

            (a)   Parking. Two all-weather parking spaces on the same lot for each dwelling unit.

         (3)   R3, Single-Family Attached Dwelling Unit. A dwelling unit having its own independent outside access, with no other dwelling units located directly and totally above or below it, and having party walls in common with at least one but not more than three adjacent similar dwelling units, and located in a building comprised of at least three dwelling units. This dwelling type shall include, but not be limited to, dwelling units commonly known as townhouses, rowhouses, triplexes and quadruplexes.

            (a)   Townhouse (Rowhouse). A single-family attached dwelling in a row of at least three units, with each dwelling unit occupying the area from ground to roof, with individual outside access.

            (b)   Parking. Two all-weather parking spaces on the same lot for each dwelling unit.

         (4)   R4, Twin (Single-Family Semi Detached). A two-family building with dwelling units placed side-by-side, and joined to each other by a vertical common party wall, but otherwise surrounded by yard areas. Each dwelling unit may be on a separate lot, with the common boundary between the two lots running along the common party wall.

            (a)   Parking. Two all-weather parking spaces on the same lot for each dwelling unit.

         (5)   R5, Multifamily Building. A detached residential building containing three or more dwelling units. Units may not be arranged entirely in horizontal rows (like townhouses), and are generally located entirely above or below one another. Units may share outside access and/or internal hallways, lobbies and similar facilities. The dwelling units cannot be individually lotted, but instead share the lot or tract on which the building containing them is located. The development is usually under one operating unit, as rental or condominium development. This dwelling type includes garden apartments, flats and multifamily conversions.

            (a)   Apartment. A single dwelling unit in a multifamily building; a single dwelling unit in a duplex may also be referred to as an apartment.

            (b)   Garden Apartment. A grouping of dwelling units sharing common elements which may include common outside access.

            (c)   Multiplex. An attached dwelling arranged in a group of no more than six units, in a variety of configurations: side-by-side, back-to-back or vertically. Because of the variety of configurations, a multiplex can be designed to look like a large, single family-detached house, a feature which is encouraged by this Chapter.

            (d)   Parking. Two all-weather parking spaces on the same lot for each dwelling unit.

         (6)   R6, Conversion of Single-Family Detached Dwelling. The remodeling or alteration of a structure so as to accommodate more leasable or saleable units, or a different use than what had originally been intended for the structure. Includes the alteration of a nonresidential structure into a dwelling unit(s) for at least one family, the modification of a single-family structure to accommodate more units than originally intended, the alteration of existing dwellings into uses C2, C18, C19, C20 and C21, and the alteration of an existing dwelling into a mixed commercial and residential use.

            (a)   Parking. Parking regulations for converted use shall be in accordance with the parking regulations for the converted use.

         (7)   R7, Single-Family Detached Dwelling for a Retirement Community. A building designed for and occupied exclusively as a residence for only one family and not attached to any other building or dwelling units as part of a retirement community.

            (a)   Parking. Two all-weather parking spaces on the same lot for each dwelling unit.

         (8)   R8, Single-Family Attached Dwelling for a Retirement Community. A dwelling unit having its own independent outside access, with no other dwelling units located directly and totally above or below it, and having party walls in common with at least one but not more than three adjacent similar dwelling units, and located in a building comprised of at least three dwelling units as part of a retirement community. This dwelling type shall include, but not be limited to, dwelling units commonly known as townhouses, rowhouses, triplexes and quadruplexes.

            (a)   Townhouse (Rowhouse). A single-family attached dwelling in a row of at least three units, with each dwelling unit occupying the area from ground to roof, with individual outside access.

            (b)   Parking. Two all-weather parking spaces on the same lot for each dwelling unit.

         (9)   R9, Apartment Buildings for Retirement Community. A single dwelling unit in a multifamily building or multiplex as part of a retirement community; a single dwelling unit in a duplex may also be referred to as an apartment.

            (a)   Parking. Two all-weather parking spaces on the same lot for each dwelling unit.

         (10)   R10, Residential Room for a Retirement Community. A furnished dwelling unit in a retirement community that may have private or shared bathroom facilities, but does not contain its own cooking area. This includes Equivalent Dwelling Units as defined in § 27-1108.1.

            (a)   Parking. Parking regulations shall follow the standards set forth in § 27-1105.A(4).

         (11)   R11, Dwelling on the Second Floor, in Combination with a Business. A dwelling or dwellings within the same building as existing or permitted office or commercial use or uses.

            (a)   Parking. Two all-weather parking spaces per dwelling unit in addition to parking required for commercial and/or office use.

      B.   Institutional/Recreational Uses.

         (1)   IR1, Educational. School: religious, sectarian or nonsectarian, denominational private school or public school which is not conducted as a private business.

            (a)   Parking. One all-weather parking space per employee and one all- weather parking space for every two classrooms and offices.

         (2)   IR2, Library. A collection of information resources and services, organized for use, not operated for profit, and maintained by a public body or institution.

            (a)   Parking. One all-weather parking space for every 600 square feet of floor space in public use, and one space per employee.

         (3)   IR3, Religious Use. A structure referred to as a church, synagogue, temple, mosque or other facility that is used for prayer by persons of similar beliefs, a special purpose building that is architecturally designed and particularly adapted for the primary use of conducting, on a regular basis, formal religious services by a religious congregation.

            (a)   Parking. One all-weather parking space for every five seats provided for public assembly.

         (4)   IR4, Philanthropic Use and Halfway House, Excluding Correctional or Penal Institutions.

            (a)   Halfway House. A residential facility where people who have left an institution, such as a hospital or prison, are helped to readjust to the outside world.

            (b)   Parking. One all-weather parking space for every 100 square feet of floor space and one space per employee on the largest shift.

         (5)   IR5, Passenger Station for Public Transportation. Passenger Station for Public Transportation. Railway or bus station providing transportation services to the general public.

            (a)   Parking. Parking spaces shall be determined by Borough Council to adequately serve customers, visitors and employees.

         (6)   IR6, Hospital, Nursing Home, Retirement Community, or Life Care Facility.

            (a)   Hospital. An institution for the treatment, care, and cure of the sick and wounded, for the study of disease, and for the training of physicians, nurses and allied health personnel.

            (b)   Sanitarium. A hospital designed for the treatment of chronic illness or disease.

            (c)   Nursing Home. A nursing facility or convalescent home licensed by the Pennsylvania Department of Health that provides long term health care to individuals who, by reason of advanced age, chronic illness or disability are unable to care for themselves.

            (d)   Retirement Community. See Part 11, “Institutional District,” for definition.

            (e)   Life Care Facility. A health care facility designed for the temporary and long-term care of the residents of the life care facility who require certain medical and nonmedical support facilities and services.

            (f)   Parking. Parking requirements for these uses shall be regulated by the parking standards as described in § 27-1105.A(4).

         (7)   IR7, Municipal Use. All Borough land, buildings, structures and uses including, but not limited to, governmental offices, parks, community centers, public plazas, garages for the storage of tools, equipment and vehicles, Borough sponsored police and emergency services, and the use of land for stockpiling of materials used by the Borough in its Borough functions. Municipal uses are exempt from the following requirements, regulations and standards of this Chapter:

            (a)   Accessory use requirements.

            (b)   Parking standards and requirements.

            (c)   Off-street loading requirements.

            (d)   Height regulations.

            (e)   Area, width and yard regulations.

            (f)   Building and impervious coverage regulations.

            (g)   Minimum tract size.

            (h)   Density.

            (i)   Area and bulk regulations.

            (j)   Open space requirements.

[Ord. 397]

         (8)   IR8, Club, Fraternity House or Lodge. An establishment for a group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings and a constitution and/or by laws. This may include fraternity houses, private lodges or other similar charitable, educational or philanthropic which temporarily board or house members temporarily.

            (a)   Parking. One all-weather parking space for every 50 square feet of gross floor areas used or intended to be used for service to members and guests and one space per employee. Additionally, when members are housed on the premises, parking shall be one all-weather parking space for every two beds.

         (9)   IR9, Community Center. An educational, social, cultural or other similar facility intended for public use, operated by a public or nonprofit group or agency, not including Borough facilities.

            (a)   Parking. One all-weather parking space for every five seats provided for patron use, or one all-weather parking space for every 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of parking spaces, and one space per employee.

         (10)   IR10, Cemetery. Land used or intended to be used for the burial of the deceased, including columbarium, crematories, mausoleums and mortuaries when operated in conjunction with the cemetery and within its boundaries.

            (a)   Parking. No less than one all-weather parking space per 200 square feet of associated office space and one space per every five seats in any associated chapel or church.

         (11)   IR11, Public Utility. A building or structure and its equipment, used for the transmission and exchange of telephone, radio telephone, gas, power, sewer and water facilities; provided, however, that in a residential district these shall not include public business facilities, storage of materials, trucks, or repair facilities, or housing of repair crews.

            (a)   Parking. Two all-weather parking spaces and one space per employee normally in attendance at the facility at any time.

         (12)   IR12, Common/Required Open Space and Outdoor Recreation Facilities.

            (a)   Common/Required Open Space. Public or private lands designated for the use and enjoyment of Borough residents and/or the general public, incorporating natural features such as woodland, stream or meadows, and other recreational facilities, not including land owned by the Borough. Areas set aside or preserved for open space shall be suitable for the designated purposes.

               1)   Parking. Parking spaces shall be determined by Borough Council to adequately serve visitors and employees.

            (b)   Outdoor Recreation Facilities. A facility providing outdoor space for recreational activities such as, but not limited to, court games such as tennis, basketball and volleyball, swimming pools, golf and related facilities.

               1)   Parking. One all-weather parking space for every five persons of the total capacity and one space per employee on the largest shift.

         (13)   IR13, Transit Facility. A garage or storage space for the keeping of transit vehicles used for public transportation services.

            (a)   Parking. Two all-weather parking spaces and one space per employee normally in attendance at the facility at any time.

         (14)   Cumulative Parking. In the case that two or more of the above uses are proposed for an individual site, the required parking shall be cumulative but subject to the standards for parking held in reserve of § 27-503.

      C.   Commercial Uses.

         (1)   C1, Retail Sales. Retail establishment for the sale or rental of dry goods, variety and general merchandise, gifts, novelties, plants or flowers, books, magazines, videos, greeting cards, clothing, food, music or art supplies, antiques, drugs, furnishings or other household supplies, sale and repair of jewelry, watches, clocks, computers, optical goods or musical, professional or scientific instruments.

            (a)   Parking. One all-weather parking space for every 100 square feet of store sales floor area and one space per employee on the largest shift.

         (2)   C2, Personal Service Shop. A business, which provides a service oriented primarily to personal needs, and not primarily involving retail sales of goods or professional advisory services. Included uses are barber, beauty salon, tailor, shoe repair, taxidermist, photographer, travel agent, jewelry and watch repair, dry cleaner (provided that no cleaning operations are performed on the premises) or similar service uses.

            (a)   Parking. One all-weather parking space for every 100 square feet of store sales floor area and one space per employee on the largest shift.

         (3)   C3, Establishment Serving Food or Beverages.

            (a)   Restaurant, Café or Tea Room. An establishment in which food is prepared and served to the public for consumption, where a wait staff takes orders and serves food to people at tables, booths or counters.

            (b)   Restaurant, Carry Out/Take Out. Establishment where food is prepared on the premises for consumption off the premises, with minimal or no seating provided on the premises for consumption, and no wait staff. Establishment utilizes an inside window, walk-up window, service area or cafeteria line where customers place their orders and receive food or beverages. May include ice-cream shop, retail bakery, confectionary or similar uses.

            (c)   Restaurant, Fast Food. An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready to consume state for consumption either within the restaurant building or off the premises.

            (d)   Tavern or Taproom. An establishment which serves alcoholic or nonalcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. The sale of food shall be incidental to the primary use.

            (e)   When drive-through service is provided as part of this use, use must be in compliance with the standards stated for use AC4 Drive- Through Facilities.

            (f)   Trash receptacles shall be provided outside the restaurant for patron use.

            (g)   Parking. One all-weather parking space for every 50 square feet of floor space devoted to patron use and one space per employee on the largest shift.

         (4)   C4, Indoor Entertainment Facility. An entertainment or recreational facility operated as a gainful business and taking place within a building, including a bowling alley, skating rink, billiard hall, movie theater, theater or other similar use.

            (a)   Parking. Parking for these uses shall be regulated by the following standards:

               1)   Movie Theater, Theater. One all-weather parking space for every five seats provided for patron use and one all-weather parking space per employee on the largest shift.

               2)   Bowling Alley. Three all-weather parking spaces for every bowling lane and one space per employee on the largest shift.

               3)   Other Uses. One all-weather parking space for every 150 square feet of floor area open to patrons or one all-weather parking space for every five seats, whichever is greater, and one space per employee on the largest shift.

         (5)   C5, Day Care Center, including Adult Day Care. A facility operated for profit where day care is provided for more than six children, older adults or disabled persons not related to the care giver and which has been licensed as a day care facility by the State Department of Public Welfare.

            (a)   Parking. One all-weather parking space for each employee and one all-weather parking space per six children, older adults or disabled persons.

         (6)   C6, Gasoline Service Station. An establishment for the sale of vehicular fuels and the sale and installation of lubricants, tires, batteries and similar automotive accessories.

            (a)   Parking. One all-weather parking space for every 300 square feet, or three all-weather parking spaces for every service bay, whichever is the greater number of spaces, and one space per employee on the largest shift. Off-street parking spaces are not to be part of nor interfere with the accessways to the pumps.

            (b)   Any establishment selling vehicular fuels shall conform to the following regulations for this use:

               1)   A minimum lot width of 200 feet shall be provided along each street on which the lot abuts.

               2)   Access drives shall be at least 80 feet from the intersection of any street, measured from the intersection of the street line.

               3)   All activities shall be performed within a completely enclosed building, except those to be performed at the fuel and air pumps.

               4)   Fuel pumps shall be at least 25 feet from any street right-of- way line.

               5)   All automobile parts and similar articles, including waste tires, shall be stored within a building.

               6)   Lubrication, oil changes, tire changes and minor repairs shall be performed within a building.

               7)   Vehicles awaiting repairs shall not be stored outdoors for more that 7 days.

               8)   The sale of convenience-type products shall be permitted as an accessory use subject to the following:

                  a)   It shall be in lieu of the sale and installation of lubricants, tires, batteries and similar automotive accessories.

                  b)   The sale of convenience-type products shall be limited to a maximum floor area of 200 square feet.

               9)   Paint spraying or body and fender work shall not be permitted.

               10)   The sale or rental of automobiles, trucks, trailers or other vehicles shall not be permitted.

               11)   All fuel tanks shall comply with Environmental Protection Agency (EPA) and the Pennsylvania Department of Environmental Protection (DEP) regulations for such tanks.

               12)   Minimum setback from street line and all other property lines: 15 feet for all pump islands, 10 feet for all canopies over pump islands.

               13)   All activities except those to be performed at fuel and air pumps shall be performed within a completely enclosed building. Outdoor storage of materials or supplies is prohibited.

               14)   Each pump island shall be designed so that the stacking areas for cars are completely on the lot, and that cars waiting for open pumps do not block entrance driveways or extend into the street.

         (7)   C7, Vehicle Sales, Service or Repair.

            (a)   Vehicle Sales. The sale, lease or rental of new or used automobiles, trucks (not exceeding one ton), motorcycles, boats and recreational vehicles.

            (b)   Automobile Service or Repair. Automobile repair facility, including mechanical service, paint spraying and body and fender work.

            (c)   All activities shall be performed within a completely enclosed building.

            (d)   All automobile parts and similar articles, including waste tires, shall be stored within a building.

            (e)   This use shall not include the sale of fuel. Any facility which does sell fuel shall be considered a gasoline service station (C6).

            (f)   Vehicles awaiting repairs shall not be stored outdoors for more than 30 days.

            (g)   Parking. One all-weather parking space for each 200 square feet of gross floor area and one all-weather parking space for each 2,000 square feet of total outside vehicle display area, and one all-weather parking space per employee on the largest shift. The required parking shall not be used for the display of vehicles.

         (8)   C8, Funeral Home or Mortuary. An establishment for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation. Does not include crematorium.

            (a)   Parking. One all-weather parking space for every four seats provided for patron use or one all-weather parking space for every 50 square feet of gross floor area used or intended to be used in the operation of the establishment, whichever results in the greater number of parking spaces, and one all-weather parking space per employee.

         (9)   C9, Financial Institution. A bank, savings and loan association, credit union or other financial establishments.

            (a)   When drive-through service is provided as part of this use, use must be in compliance with the standards stated for use AC4 Drive-Through Facilities.

            (b)   Parking. One all-weather parking space for every 200 square feet or gross floor area and one space per employee on the largest shift.

         (10)   C10, Hotel, Motel, Lodge or Inn. A building or group of buildings used for the purpose of furnishing for compensation more or less temporary lodging to the public, with or without meals, and having lodging accommodations for 10 or more persons. This shall not be interpreted to include private clubs.

            (a)   Parking. One all-weather parking space for each rental room or suite and one all-weather parking space per employee on the largest shift.

         (11)   C11, Bed and Breakfast Inn. A residential accessory use consisting of one dwelling unit together with no more than five rooms or suites, accommodating no more than 10 guests, that are rented to overnight or weekly guests and where meals are prepared for the guests by the proprietors. The rented rooms do not contain kitchen facilities and do not constitute separate dwelling units.

            (a)   Parking. In addition to the parking requirements for the primary residential use, there shall be one space for each rental room or suite and one space per employee on the largest shift.

         (12)   C12, Studio for Dance, Music, Art or Photography. The private workroom of an artist, dancer, or musician.

            (a)   Parking. Parking spaces shall be determined by Borough Council to adequately serve the users of the studio space.

         (13)   C13, Art Gallery or Museum. A room or series of rooms where art, including but not limited to, painting, photography, sculpture, crafts and/or other artistic works of a similar nature are displayed and exhibited to the public.

            (a)   Parking. One all-weather parking space for every 200 square feet of exhibition space open to the public.

         (14)   C14, Pet Day Care or Salon. An establishment that provides day care and hygiene services, including clipping, grooming and washing of domestic dogs and cats.

            (a)   Parking. One all-weather parking space for every 200 square feet of gross floor area and one all-weather parking space per employee.

         (15)   C15, Dwelling on the Second Floor, in Combination with a Business. A dwelling or dwellings within the same building as existing or permitted office or commercial use or uses.

            (a)   Parking. Two all-weather parking spaces per dwelling unit in addition to parking required for commercial and/or office use as described in this Section.

         (16)   C16, Outdoor Dining. An area that is not enclosed and that contains tables or seating provided by the occupier of a licensed establishment, such as a restaurant, café, fast food restaurant or carry out/take out restaurant.

            (a)   Parking. Outdoor dining areas shall be included in the square footage parking calculation for establishments serving food or beverages as described in this Section.

         (17)   C17, Farmer’s Market or Roadside Farm Stand. Periodic agricultural sales activity held within a building and/or outdoors where agricultural producers offer fresh produce for sale directly to the public.

            (a)   Parking. One all-weather parking space for every 200 square feet and one all-weather parking space per merchant.

         (18)   C18, Professional Office or Business Office on the Second Floor and Above, in Combination with a business, excluding adult uses. A professional or business office within the same building as a business, excluding adult uses.

            (a)   Parking. One all-weather parking space for every 200 square feet of gross floor area in addition to parking required for the business, excluding adult uses.

         (19)   C19, Professional Office. A building in which services are performed by a member of a profession, including but not limited to an accountant, architect, author, community planner, dentist, engineer, insurance agent, landscape architect, lawyer, minister, notary, optometrist or physician.

            (a)   Parking. One all-weather parking space for every 200 square feet of gross floor area.

         (20)   C20, Instructional Service. A business in which the practitioner provides the client with special instruction in a specific area of study including, but not limited to art, music, crafts, exercise and fitness, or other similar uses.

            (a)   Parking. One all-weather parking space for every 200 square feet of space used or intended for patron use and one space per employee.

         (21)   C21, Business Office. A building in which professional or clerical duties are performed including, but not limited to, real estate, sales, travel agency, insurance sales, advertizing or retail copying and printing services.

            (a)   Parking. One all-weather parking space for every 200 square feet of gross floor area.

         (22)   C22, Telecommunications Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, personal communications service towers (PCS), microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. This definition does not include any structure erected solely for a residential, noncommercial individual use, such as television antennas, satellite dishes or amateur radio antennas.

            (a)   Towers shall be set back from occupied structures a minimum of the height of the tower.

            (b)   Towers shall not be located within a front yard.

         (23)   C23, Solar Energy Equipment. Defined as a solar photovoltaic panel, or solar hot air or hot water panel collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.

            (a)   Units shall be located within the building envelope.

            (b)   Units shall not be located within a front yard.

         (24)   C24, Wind Turbine. Also known as a wind generator, wind power unit (WPU), wind energy converter (WEC) or windmill. A rotating device which converts the kinetic energy of wind into mechanical energy.

            (a)   Units shall be set back from property lines and occupied structures a minimum of the height of the unit.

            (b)   Units shall not be located within a front yard.

         (25)   C25, Outdoor Wood-fired Hydronic Heaters. Also known as an outdoor-fired boiler, outdoor wood furnace, or woodshed heater. An outdoor wood heater that resembles a small shed with a smokestack and is typically located on the outside of the building to be heated.

            (a)   Heaters shall be located within the building envelope.

            (b)   Heaters shall not be located within a front yard.

         (26)   C26, Body Art/Tattoo Parlor Use. An establishment that practices the art of body adornment utilizing, but not limited to, body piercing, tattooing, cosmetic tattooing, branding, scarification or the placement of pigments, trimming or filing of the nails. No body art/tattoo parlor use shall be accessory or incidental to any other approved use in any zoning district.

            (a)   A property containing a body art/tattoo parlor use shall not have frontage along a PA State Highway and shall not have a property line in common with any residential use or district, public or private school, church, recreational facility or any other religious, institutional or educational use.

            (b)   No body art/tattoo parlor use shall be located within 1,000 feet of a similar use.

            (c)   No person under the age of 18 years of age shall be permitted within a building housing a body art/tattoo parlor use.

            (d)   Parking. One all weather parking space for every 4 seats of patron use or 1 all weather parking space for every 50 square feet of gross area used or intended to be used for the operation of the establishment, whichever results in the greater number of parking spaces and 1 all weather parking space per employee.

      D.   Accessory Uses.

         (1)   AC1, Accessory Uses on Same Lot. Accessory uses authorized in this Chapter shall include, but are not limited to, the following:

            (a)   Uses Accessory to Dwellings.

               1)   Private garage or private parking space.

               2)   Shelter for pets as defined in Telford Borough’s Wild and Exotic Animals Ordinance [Chapter 2, Part 3].

               3)   Home gardening and accessory structures, used for nurseries or as greenhouses, are permitted in residential areas; provided they are used by the residents for noncommercial purposes; and, provided further, that they shall not include the outdoor storage of large-scale equipment and supplies.

               4)   Uses Accessory to Noncommercial Recreational Use.

                  a)   Customary recreational, refreshment, and service uses and buildings in any noncommercial recreational area.

                  b)   Uses authorized in this Chapter as accessory to a dwelling shall not be deemed to include a business, hospital, clinic, animal hospital, other personal service shop, tea room, hotel or any similar use.

               5)   Accessory structures shall be set back a minimum of 3 feet from all property lines.

               6)   Accessory structures shall not be located within a front yard.

               7)   Swimming pools shall be accessory to a residential use and shall be located within the prescribed building envelope for the zoning district. Swimming pools shall be a minimum of 10 feet from any structure. Safety fencing and electrical requirements shall be in accordance with the applicable building codes in effect at the time of the application.

         (2)   AC2, No-Impact Home Occupation. A no-impact home occupation or occupational activity may be permitted which is clearly incidental and secondary to the use of the premises for dwelling in that not more than 10 percent of the entire floor area of the building shall be used for such occupation or office and which is carried on wholly by a member of the business entity who must reside on the premises and use the same as his actual residence, with which there is no advertising other than an identification sign, the dimensions of which shall abide by Part 6 of this Chapter. There shall be no other external evidence of a no-impact home occupation, and no display or storage of materials or generation of substantial volumes of vehicular or pedestrian traffic or parking demand or other exterior indication of the no-impact home occupation or variation from the residential character of the building; and in connection with which no person outside the resident family is employed and no equipment used which creates offensive noise, vibration, dust, smoke, odor, heat or glare. When within the above requirements, a no-impact home occupation includes, but is not limited to, the following: art studio, dressmaking, tailoring, or seamstress, professional offices, teaching with musical instruction limited to no more than two pupils at a time, tutoring, therapeutic masseuse, barber shops and beauty parlors. However, a no-impact home occupation shall not be interpreted to include the following: bed and breakfast homes, animal hospitals, child care or daycare centers, tea rooms, restaurants, automobile-related businesses or garages, welding or metalworking establishments, cabinetmaking, and contracting or construction offices. No more than one no-impact home occupation shall be permitted per dwelling, and shall not be permitted in accessory structures, such as garages or sheds.

         (3)   AC3, Outside Storage or Equipment Area. Outdoor storage or display, other than storage as a principal use of the land, necessary, but incidental to the normal operation of the principal use.

         (4)   AC4, Drive-Through Facilities. Any vehicle related commercial facilities in which a service is provided or goods, food or beverages are sold to the operator or passengers in a motor vehicle without the necessity of the operator or passengers disembarking from the vehicle. Any establishment utilizing a drive-through facility shall conform to the following regulations:

            (a)   General Standards.

               1)   The drive-through facility shall be designed so as not to impede or impair vehicular and pedestrian traffic movement or exacerbate the potential for pedestrian/vehicular conflicts.

               2)   Drive-through facilities located on pad sites in existing shopping centers shall have circulation patterns that are integrated with that of the center.

               3)   Hours of operation shall be set as a condition of the conditional use permit.

               4)   At no time shall the number of drive-through lanes for financial institutions exceed two lanes per financial institution.

               5)   For all other uses the number of drive-through lanes shall not exceed one lane per use.

            (b)   Location Standards.

               1)   Drive-through facilities may not be located across the street from residential zoning districts unless separated by an arterial street.

               2)   Drive-through facilities are not permitted on sites abutting schools, parks, playgrounds, libraries, churches and other public and semipublic uses that have substantial pedestrian traffic.

               3)   Drive-through windows shall be placed to the rear or side of the structure.

            (c)   Frontage Requirements. Minimum lot frontage on at least one street shall be 150 feet for all drive-through facilities.

            (d)   Street Access.

               1)   Drive-through facilities may abut only arterial streets and access shall not be taken from residential streets.

               2)   Access must be taken to adjacent lots with nonresidential uses if either lot adjoins the adjacent lot for at least 50 percent of the length of the side of either lot.

               3)   All driveway entrances and exits must be set back at least 50 feet from an intersection.

            (e)   Drive-Through Lanes.

               1)   The stacking lanes for drive-through facilities shall not cross or pass through off-street parking areas. Nor shall stacking lane cross or be crossed by pedestrian access ways.

               2)   The pedestrian access to the entrance of the drive-through facilities shall not cross the drive-through lane.

               3)   The drive-through lane shall not be the sole ingress and egress to the site.

               4)   The minimum horizontal radius for curvature of a drive- through lane shall be 18 feet.

               5)   The length of drive-through lanes shall be measured along the centerline of the prescribed vehicular path.

               6)   Drive-through lanes shall be marked by signs which indicate the entrance and exit for the drive-through lane. Signs indicating one- way directions for the drive-through lane shall be required where determined necessary by the Borough Engineer.

            (f)   Lane Width.

               1)   A by-pass or escape lane of 10 feet must be provided for emergency purposes and for ease of circulation.

               2)   Drive-through lanes are to be separated from parking aisles by painted lines or a raised median. The lanes and stacking areas shall be a minimum of 12 feet wide.

               3)   Lane Separation. An on-site circulation pattern is to be provided for drive-through traffic that separates such traffic from that of sit-down patrons.

            (g)   Stacking Distance.

               1)   A stacking area is to be provided for cars waiting for drive- through service which shall be no less than 60 feet long.

               2)   One additional stacking space shall be provided after the exit from the car wash building to collect rinse water and minimize icing on public streets in winter.

            (h)   Setbacks.

               1)   Overhead canopies shall be set back 10 feet from any street right-of-way and property line and 20 feet from any residential property line. The total height for any overhead canopy shall not exceed 20 feet.

               2)   Service areas and stacking lanes must be set back at least 10 feet from all lot lines.

               3)   Outdoor speaker or menu boards must be set back at least 50 feet from all lot lines.

            (i)   Curbing. Interior curbs shall be used to separate driving areas from exterior fixtures such as fuel pumps, vacuums, menu boards, canopy supports and landscaped islands. The curbs shall be of a nonmountable design with a minimum reveal of 6 inches.

            (j)   Application Requirements. A traffic impact study shall be submitted to provide information which will be used to determine the necessary stacking area and the impacts of the proposal upon local traffic circulation. The traffic impact study shall address the following issues:

               1)   Nature of the product or service offered.

               2)   Method by which product or service is being offered (e.g., window service or brought to vehicle by employee).

               3)   Time required to service typical customer.

               4)   Arrival rate for patrons.

               5)   Peak demand hour.

               6)   Anticipated vehicular stacking required.

               7)   Anticipated traffic generation.

         (5)   Accessory to IR 6.

            (a)   AC5, Dining Facility for a Retirement Community. An establishment as part of a nursing home, retirement community, or other similar facility that prepares and serves food for consumption on the premises to residents, guests and employees of the facility.

            (b)   AC6, Auditorium. A building containing a stage and seating for meetings and/or performances, also referred to as a theater.

            (c)   AC7, Swimming Pools and Other Similar Therapeutic and Recreational Facilities. An indoor swimming pool or similar exercise area that is used for recreational and therapeutic activities as part of a retirement community that is open to residents, guests and employees of the retirement community.

            (d)   AC8. Office, retail, and personal service facilities designed to serve only residents, employees, and guests of the retirement community.

            (e)   Parking. Parking for these facilities as accessory uses to IR6 shall be determined by the parking standards established in Part 11 of this Chapter.

         (6)   AC9, Retail Business Accessory to and Directly in Connection with Permitted Light Industrial Uses.

            (a)   Dining facilities designed to serve only employees of the light industrial use.

            (b)   Retail sales designed to serve only employees of the light industrial use.

            (c)   Use not to exceed 25 percent of the gross leasable area of the building in which it is located, or 1,500 square feet, whichever is less.

            (d)   Parking. Parking for these facilities shall be incidental to the parking required for the industrial use.

         (7)   AC10, Nonresidential Accessory Building. A building in association with a nonresidential use which is clearly subordinate and accessory to a principal building on the same lot and which is used for purposes that are clearly customarily incidental to the uses of the principal building. Any portion of a principal building used for an accessory use shall not be considered to be an accessory building.

         (8)   AC11, Garage and Yard Sales. No person shall conduct more than two yard sales or garage sales from a specific residential property in the Borough of Telford during any calendar year. A single yard or garage sale shall not exceed 2 consecutive calendar days. Further, all garage and yard sales are subject to the provisions stated in the Garage and Yard Sale Ordinance [Chapter 13, Part 3].

      E.   Light Industrial Uses.

         (1)   LI1, Manufacturing. Storage and/or wholesaling of household/office appointments, other consumer goods and similar items.

            (a)   Parking. One off-street parking space for each employee on the largest shift, plus one off-street parking space for each company vehicle normally stored on the premises, plus one off-street parking space for every 10 employees on the largest shift for visitor parking. Also, the applicant must illustrate on the land development plan that there is sufficient area onsite to accommodate the parking requirement based on one space for every 500 square feet of gross floor area.

         (2)   LI2, Sales, Storage and/or Wholesaling of the Following:

            (a)   Nursery and garden materials and stock.

            (b)   Contractor supplies.

   1)   Parking. One off-street parking space for each employee on the largest shift, plus one off-street parking space for each company vehicle normally stored on the premises, plus one off-street parking space for every 10 employees on the largest shift for visitor parking. Also, the applicant must illustrate on the land development plan that there is sufficient area onsite to accommodate the parking requirement based on one space for every 500 square feet of gross floor area.

         (3)   LI3, Processing, Packaging, Storage And/or Wholesaling of Food Products.

            (a)   Excluding:

               1)   Breweries and distilleries.

               2)   Pickling processes.

               3)   Refineries.

            (b)   Parking. One off-street parking space for each employee on the largest shift, plus one off-street parking space for each company vehicle normally stored on the premises, plus one off-street parking space for every 10 employees on the largest shift for visitor parking. Also, the applicant must illustrate on the land development plan that there is sufficient area onsite to accommodate the parking requirement based on one space for every 500 square feet of gross floor area.

         (4)   LI4, Repair shops. For any electrical, mechanical or structural products permitted to be manufactured in this zone, provided there is no storage of fuels or flammable materials involved.

            (a)   All operations associated with this use are to be conducted entirely within a building.

            (b)   Parking. One off-street parking space for every 50 square feet of gross floor area, plus one space for each employee on the largest shift.

         (5)   LI5, Veterinary Facilities. Includes:

            (a)   Veterinarian offices.

            (b)   Veterinarian clinic.

            (c)   Animal hospital.

            (d)   Kennels.

               1)   All activities shall occur within a building.

               2)   Animal shelters and runs shall be properly cleaned and maintained to prevent the creation of any nuisance health hazard or odor.

               3)   Parking. Four off-street parking spaces for each doctor, plus one space for each employee on the largest shift.

         (6)   LI6, Sign Makers.

            (a)   Parking. One off-street parking space for each employee on the largest shift, plus one off-street parking space for each company vehicle normally stored on the premises, plus one off-street parking space for every 10 employees on the largest shift for visitor parking. Also, the applicant must illustrate on the land development plan that there is sufficient area onsite to accommodate the parking requirement based on one space for every 500 square feet of gross floor area.

         (7)   LI7, Research Facilities. Research, testing or experimental laboratory.

            (a)   Parking. One off-street parking space for each employee on the largest shift or one space for every 250 square feet of gross floor area, plus one space for each company vehicle normally stored on the premises.

         (8)   LI8, Bookbinding, Printing and Publishing.

            (a)   Parking. One off-street parking space for each employee on the largest shift or one space for every 250 square feet of gross floor area, plus one space for each company vehicle normally stored on the premises.

         (9)   LI9, Truck Sales or Transportation, Bus, Taxi and Limousine Services, and Couriers.

            (a)   Parking. One off-street parking space for each 200 square feet of gross floor area and one off-street parking space for each 2,000 square feet of total outside vehicle display area, plus one space for each employee on the largest shift.

         (10)   LI10, Nonmunicipal Parking Lot as a Principal Use.

            (a)   No sale, rental, service or repair operation of vehicles shall be performed.

         (11)   LI11, Mini-warehouse.

            (a)   Parking. One off-street parking space for each 2,000 square feet of gross floor area of storage.

         (12)   LI12, Recycling Facility for Glass, Metal or Paper Products. A facility which recycles nonhazardous solid waste and produces materials or energy from this waste.

            (a)   Parking. One space per employee and 10 visitor spaces.

         (13)   AG1, General Farming or Other Agricultural Use.

            (a)   The production of agricultural, horticultural, arboricultural, viticultural and dairy products; the keeping of livestock, poultry and the products thereof; the raising of fur bearing animals and the products thereof, and the products of bee raising. All buildings (barns, sheds, silos, etc.) associated with this use.

(Ord. 379, 7/6/2009, § 415; as amended by Ord. 397, 5/6/2013, § 1; and by Ord. 407, 1/4/2016, § 2)