Walnutport City Zoning Code
ARTICLE V
Additional Requirements for Specific Uses
§ 450-33 Applicability.
A.
This article establishes additional specific requirements for certain specific uses, in addition to the sign, parking, environmental and other general requirements of this chapter and the requirements of each district. Wherever two requirements conflict, the stricter requirement shall apply.
§ 450-34 Additional requirements for specific principal uses.
[Amended 12-14-2023 by Ord. No. 2023-02;3-14-2024 by Ord. No. 2024-01]
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 adult live entertainment use.)
(a)
Purposes. The regulations on adult uses are intended to serve the following purposes, in addition to the overall objectives of this chapter.
[1]
To recognize the adverse secondary impacts of Adult Uses that affect health, safety and general welfare concerns of the municipality. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to: increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult uses typically involve insufficient self-regulation to control these secondary effects.
[2]
To limit adult uses to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and downtown revitalization.
[3]
To not attempt to suppress any activities protected by the "free speech" protections of the U.S. Constitution, but instead to control secondary effects.
(b)
No portion of a building occupied by an adult use shall be located within any of the following distances: 400 lineal feet from any residential zoning district boundary or lot line of any existing dwelling; and 1,000 lineal feet from the lot line of any existing primary or secondary school, place of worship, public park, day-care center or child nursery.
(c)
No such use shall be located within 1,000 lineal feet of any existing adult use.
(d)
A fifty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 450-62, but with plantings of an initial minimum height of six feet.
(e)
No pornographic material, displays 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.
(f)
No such use shall be used for any purpose that violates any federal, state or municipal law.
(h)
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.
(i)
Adult uses shall be prohibited in all districts except where specifically permitted by Article IV.
(j)
A minimum lot area of 25,000 square feet is required.
(k)
For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.
(l)
No use may include live actual or simulated sex acts nor any sexual contact between entertainers nor between entertainers and customers. This shall specifically prohibit, but not be limited to, entertainers dancing on the laps of customers.
(m)
Only "lawful" massages as defined by state court decisions shall be performed in a massage parlor.
(n)
All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except for entertainers within a permitted lawful adult live entertainment use.
(o)
Any application for such use shall state the names and home addresses of: all individuals intended to have more than a 5% ownership in such use or in a corporation owning such use; and an on-site manager responsible to ensure compliance with this chapter on a daily basis. Such information shall be updated at the beginning of each year in writing to the Zoning Officer.
(p)
The use shall not operate between the hours of 12:00 midnight and 7:00 a.m.
(q)
As specific conditions of approval under this chapter, the applicant shall prove compliance with the following state laws, as amended: the Pennsylvania Liquor Code,[1] Act 219 of 1990 (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.),[2] Act 207 of 1990 (which pertains to obscenity)[3] and Act 120 of 1996 (which pertains to adult-oriented establishments and which limits enclosed viewing booths among other matters).
(3)
After hours club. As a condition of any approval under this chapter, the applicant shall prove full compliance with State Act 219 of 1990, as amended (Section 7327 of Title 18 of the Pennsylvania Statutes).
(4)
Assisted-living facility/personal-care center. The same standards shall apply as are listed for nursing homes in this section.
(5)
Auto, boat or mobile/manufactured home sales.
(a)
No vehicle, boat or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area. See buffer yard provisions in § 450-62.
(d)
Any mobile/manufactured homes on a sales site shall meet the required principal building setbacks from the perimeter lot lines.
(6)
Auto repair garage.
(a)
All paint work shall be performed within a building, with a fume collection and ventilation system that directs fumes away from any adjacent dwellings. Outdoor major repairs (such as body work and grinding) and outdoor welding shall not occur within 150 feet of a residential lot line.
(c)
Outdoor storage of motor vehicles shall not be within any required buffer yard or street right-of-way.
(d)
Overnight outdoor storage of junk other than permitted junk vehicles shall be prohibited within view of a public street or a dwelling.
(e)
Any "junk vehicle" (as defined by Article III) shall not be stored for more than 30 days within view of a public street or a dwelling. A maximum of four junk vehicles may be parked on a lot outside of an enclosed building at any one time, except that additional numbers of vehicles may be parked outside overnight if they: are screened from view from streets and other lots by landscaping or buildings; and are actively undergoing repair.
(f)
Service bay doors shall not face directly towards an abutting dwelling (not including a dwelling separated from the garage by a street) if another reasonable alternative exits.
(g)
Fuel pumps shall be at least 25 feet from the existing street right-of-way and shall meet side yard principal building setback requirements.
(h)
The use may include a "convenience store" if the requirements for such use are also met.
(7)
Auto service station. The provisions for auto repair garage listed in this section shall apply. The uses of auto service station and auto repair garage may be combined, if the requirements for each use are met.
(8)
Bed-and-breakfast inn.
(a)
Application requirements. Bed-and-breakfast license applications shall contain all of the following information:
[1]
The name, address, telephone number and email address of the owner. If the owner does not have a managing agency, agent or local contact person, then the owner shall provide a twenty-four-hour telephone number.
[2]
The name, address, and twenty-four-hour telephone number of the managing agency, agent or local contact person.
[3]
Floor plans for the bed-and-breakfast, including habitable floor space and total number of bedrooms.
[4]
If the building is a multi-unit structure, the number of dwelling units and the number of dwelling units being used as a bed-and-breakfast.
[5]
A site plan showing the location and number of on-site parking spaces shall be provided.
[6]
Copies of current Northampton County Hotel Room Exercise Certificate and current Pennsylvania Sales Tax License.
[7]
Signatures of both the owner and the local managing agent or local contact person.
[8]
Copy of the current recorded deed for the property establishing ownership.
(b)
Licenses:
[1]
A bed-and-breakfast rental license shall be issued only to the owner of the bed-and-breakfast.
[2]
A separate bed-and-breakfast rental license is required for each single family detached dwelling.
[3]
The owner, by making application for a bed-and-breakfast rental license and/or accepting issuance of a bed-and-breakfast rental license, grants permission for any and all inspections authorized by § 450-34A(8) of this chapter.
[4]
The borough will prescribe forms and procedures for the processing of license applications under this subsection.
(c)
All bed-and-breakfast uses shall comply with and be regulated by all the terms and conditions of the Borough's Chapter 333, Rental Property.
[1]
Bed-and-breakfast rental license fees payable to the borough upon the filing of a bed-and-breakfast rental license application shall be in such amount as may be established by resolution duly adopted by the Borough Council.
[2]
Any bed-and-breakfast rental license is good for a period not to exceed one year from the date of issuance and must be renewed annually and also when any conditions of the bed-and-breakfast which are governed by this chapter are changed. Bed-and-breakfast license renewal fees, payable to the borough upon the filing of a bed-and-breakfast license renewal application, shall be in such amount as maybe established by resolution duly adopted by Borough Council.
[3]
Bed-and-breakfast license renewal shall require inspections outlined in Subsection A(8)(c)[5] below.
[4]
Bed-and-breakfast license renewal applications shall contain information regarding any changes from the immediately preceding application with respect to matters governed by this subsection.
[5]
Inspections required.
[a]
All bed-and-breakfast rentals shall be subject to inspection by the Zoning Officer and the Building Code Officer to verify application information, license, license renewal and/or operating requirements.
[b]
If there is reason to believe that any provision of this chapter is being violated, the Zoning Officer, upon 1/2 hour prior notice to owner, may enter onto the premises for the purpose of inspection of any and all premises, properties, buildings and/or structures located at the premises in order to ascertain the existence of a violation(s). Said notice may be given by telephone call, voice message or email to owner.
[c]
In the event that a bed-and-breakfast owner receives two violation notices relating to the specific criteria or regulations of this subsection, the Zoning Officer may terminate and revoke an existing license or deny a new license in accordance with the terms of this chapter (unless the owner appeals the violation and is found not guilty).
(d)
Bed-and-breakfast standards.
[1]
Bed-and-breakfasts shall only be permitted within single-family detached dwellings that existed in the R-1 and R-2 Zoning Districts on the effective date of this chapter. The use shall be restricted to building that existed prior to December 31, 1936. The use shall have a residential appearance and character.
[2]
Any modifications to the external appearance of the building (except fire escapes) shall complement its residential character;
[3]
All floors above grade or below grade shall have a permanently affixed direct means of escape to ground level;
[4]
A bed-and-breakfast may erect one sign no larger than 12 squares feet in size which must be set back 10 feet from all lot lines;
[5]
Breakfast shall be offered only to registered overnight guests;
[6]
The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be used;
[7]
The applicant shall provide screening in accordance with applicable zoning criteria;
[8]
Within the R-1 and/or R-2 residential district, a maximum of five rental units shall be provided. A maximum number of rental units shall not apply in other districts where the use is allowed. No more than three adults may occupy one rental unit:
[9]
There shall not be any signs, show windows or any type of display or advertising visible from outside the premises, except for a single sign with a maximum sign area of six square feet on each of two sides and with a maximum height of eight feet. Such sign shall only be illuminated externally;
[10]
The use shall have a residential appearance and character;
[11]
The use shall be owned, operated and/or managed by permanent residents of the lot;
[12]
No guest shall stay for less than three days nor more than 14 days in any month;
[13]
Minimum lot area shall be the minimum lot area in the applicable zoning district for single-family detached family dwellings;
[14]
Outdoor parking for overnight and day guests shall be limited to available parking areas on the bed-and-breakfast property. In no event shall parking for bed-and-breakfast rental guests include spaces in any private, community or public street right-of-way;
[15]
All parking areas shall be set back a minimum of 25 feet from all property lines and shall be screened from adjoining lots and streets;
[16]
Parking spaces shall be as required in the R-1 and R-2 zoning districts;
[17]
A bed-and-breakfast shall provide two parking spaces for the dwelling and one parking space per rental unit;
[18]
The owner shall use best efforts to assure that the occupants or guests of the bed-and-breakfast do not create unreasonable noise or disturbances, engage in disorderly conduct, or otherwise violate provisions of the Walnutport Borough Code of Ordinances or any state law pertaining to noise or disorderly conduct, including, but not limited to, notifying the occupants of the rules regarding bed-and-breakfast rentals and responding when notified that occupants are violating laws, ordinances or regulations regarding their occupancy. Upon notification that a violation has occurred, owner shall promptly use best efforts to prevent a recurrence of such conduct by those occupants or guests;
[19]
All bed-and-breakfast rentals shall have a clearly visible and legible notice posted within the dwelling unit or on adjacent to the front door containing the following information:
[a]
The name of the owner of the unit and a telephone number at which owner can be reached on a twenty-four-hour basis.
[b]
The 911 address of the property.
[c]
The maximum number of occupants permitted to stay in the dwelling unit and the maximum number of day guests permitted at any one time.
[d]
The maximum number of all vehicles allowed to be parked on the property and the requirement that all guest parking must be on the property and not in or along any private, community or public street right-of-way.
[e]
All setbacks shall comply with the set back requirements for the applicable Zoning district.
[f]
Notification that an occupant or guest may be cited and fined for creating a disturbance or for violating other provisions of the Walnutport Borough Code of Ordinances, including parking and occupancy limits.
[g]
Notification that bed-and-breakfast rental occupants and guests are required to make the dwelling unit available for inspection by the Zoning Officer upon request;
[20]
All bed-and-breakfast rentals shall be equipped with the following:
[a]
Smoke detectors in each bedroom;
[b]
Smoke detectors outside each bedroom in common hallways;
[c]
Smoke detectors on each floor;
[d]
All smoke detectors must be hard wired;
[e]
GFI outlets for outlets located within six feet of water source;
[f]
Aluminum or metal exhaust from dryer;
[g]
Carbon monoxide detector, if open flame (oil or gas), furnace, gas or wood fireplace, or wood-burning stove;
[h]
Carbon monoxide detector if garage is attached;
[i]
Fire extinguisher in kitchen and one fire extinguisher on each floor and one in each bedroom;
[j]
Stairs (indoor and outdoor) in good condition;
[k]
Covers on all outlets;
[l]
All bedrooms shall have a direct means of ingress and egress; and
[m]
Any and occupancy requirements which may be added by ordinance.
(9)
Boarding house (includes rooming house).
(a)
Minimum lot area: 20,000 square feet.
(b)
Minimum side yard building setback: 20 feet per side.
(c)
Minimum lot width: 100 feet.
(d)
Maximum density: 3,000 square feet of lot area per bedroom; shall serve a maximum total of 20 persons.
(e)
Each bedroom shall be limited to two adults each.
(f)
A buffer yard with screening meeting § 450-62 shall be provided between any boarding house building and any abutting dwelling.
(g)
See also standards for assisted-living facility, which is a separate use.
(h)
Signs shall be limited to two wall signs with a maximum of two square feet each.
(i)
Rooms shall be rented for a minimum period of five consecutive days.
(10)
Car wash.
(a)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. On-lot traffic circulation channels and parking areas shall be clearly marked.
(b)
Adequate provisions shall be made for the proper and convenient disposal of refuse. The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.
(c)
Water from the car wash operation shall not flow onto sidewalks or streets in such a manner as could cause ice hazards.
(d)
Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
(11)
Commercial communications antennas/tower as principal or accessory use.
(a)
An accessory commercial communications antenna that does not involve a new tower shall be allowed in any district if it meets the following requirements:
[1]
In a district other than a commercial or industrial district, the antenna shall extend a maximum of 20 feet beyond the existing structure to which it is attached. The antenna shall be attached to one of the following existing lawful structures:
[2]
In a commercial or industrial district, the antennas shall extend a maximum of 40 feet beyond an existing building or structure (other than a dwelling), provided the antenna is set back a distance equal to its total height above the ground from any lot line of a dwelling on another lot.
(b)
Any commercial communications antenna/tower that does not meet Subsection A(11)(a) above shall only be allowed where specifically authorized in § 450-30, and in compliance with the following additional regulations:
[1]
A new tower, other than a tower on a lot of an emergency services station, shall be set back the following distances, whichever is greater:
[2]
A tower attached to the ground shall be surrounded by a security fence/gate with a minimum height of eight feet and evergreen plantings or preserved vegetation with an initial minimum height of four feet.
[3]
The applicant shall provide a written statement sealed by a professional engineer stating that the communications antenna/tower will meet the structural and wind-resistance requirements of the Building Code.
[4]
The applicant shall describe in writing the policies that will be used to make available space on a tower to other communications providers, which shall serve to minimize the total number of towers necessary in the region.
[5]
An applicant for a new commercial communications tower shall provide evidence to the Zoning Hearing Board that they have investigated co-locating their facilities on an existing tower and other tall structures and have found such alternative to be unworkable. The reasons shall be provided. At an absolute minimum, placement upon existing or approved towers within a one-mile radius shall be considered, in addition to other reasonable opportunities.
[6]
A maximum total height of 200 feet above the ground shall apply where a freestanding tower is allowed.
[7]
The Zoning Hearing Board may require lighting of an antenna even if it will not be required by the Federal Aviation Administration. Such lighting is intended to provide protection for emergency medical helicopters.
[8]
A new tower shall be designed in a manner that minimizes its visual intrusiveness and environmental impacts to the maximum extent feasible. For example, monopole designs are preferred over lattice designs.
(c)
Purposes. These provisions for commercial communications antenna/towers are primarily designed to serve the following purposes, in addition to the overall objectives of this chapter:
[1]
To protect property values.
[2]
To minimize the visual impact of antenna/towers, particularly considering the importance of the scenic beauty of the area in attracting visitors for outdoor recreation.
[3]
To minimize the number and heights of towers in a manner that still provides for adequate telecommunications services and competition.
(d)
A tower/antenna that primarily serves emergency communications by a Borough-recognized police, fire or ambulance organization, and is on the same lot as an emergency services station, shall be permitted by right.
(e)
Any antenna and tower that is no longer in active use shall be completely removed within six months after the discontinuance of use. The operator shall notify the Zoning Officer in writing after the antenna or tower use is no longer in active use. Any lease shall require such removal by the owner of the antenna/tower. Any lease should provide that the lease shall expire once the antenna/tower is removed.
(f)
All utility buildings serving a communications antenna shall have a maximum height of 12 feet. Where a utility building is adjacent to a residential lot(s), it shall meet principal building setbacks along those lot lines.
(12)
Conversion of an existing building (including an existing dwelling) into dwelling units.
(a)
See Article IV, which regulates where conversions are permitted. Applicable state fire safety requirements shall be met.
(b)
The following regulations shall apply to the conversion of an existing one-family dwelling into a greater number of dwelling units:
[1]
The building shall maintain the appearance of a one-family 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.
(c)
A previously residential building shall maintain a clearly residential appearance, except as may be necessary for restoration of a historic building.
(13)
Day-care center, child.
(a)
See also day care: family day care home or group day care as an accessory use in § 450-35D(3).
(b)
The use shall comply with any applicable state and federal regulations, including having an appropriate State Department of Public Welfare (or its successor agency) registration certificate or license.
(c)
Convenient parking spaces within the requirements of Article VII shall be provided for persons delivering and waiting for children.
(d)
In residential districts, where permitted as a principal use, a day-care center shall have a minimum lot area of 6,000 square feet and a minimum setback of 10 feet from an abutting residential lot line.
(e)
The use shall include secure fencing around outdoor play areas.
(f)
Outdoor play areas of a day-care center involving the care of 25 or more children at any one time shall be set back a minimum of 25 feet from the exterior walls of an abutting existing dwelling.
(g)
A day-care center may occur in a building that also includes lawful dwelling units. However, a day-care center shall not be conducted in a dwelling that is physically attached to another dwelling that does not have a common owner.
(h)
In residential districts, any permitted day-care center shall maintain an exterior appearance that resembles existing dwellings in the neighborhood.
(i)
See also the standards for a place of worship, which allows a day-care center as an adjunct use.
(14)
Group homes. Group homes are permitted within a lawful dwelling unit, provided the following additional requirements are met:
(b)
A group home shall not include any use meeting the definition of a "treatment center."
(c)
A group home shall include the housing of a maximum of five unrelated persons, except:
(d)
The applicant shall provide a written statement describing how the facility will have adequate trained staff supervision for the number and type of residents. The Zoning Officer may require twenty-four-hour on-site staffing if necessary for the number and type of residents.
(e)
The applicant shall provide evidence of any applicable federal, state or county licensing or certification to the Zoning Officer. If such licensing or certification is changed, suspended or revoked, the operator shall provide written notice to the Zoning Officer within seven days.
(f)
The group home shall register in writing its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer. If there are any changes in such matters, the operator shall provide written notice to the Zoning Officer within seven days. The Zoning Officer may require a new approval if there are significant changes in the nature of the group home.
(g)
Any on-site medical or counseling services shall be limited to a maximum of three nonresidents per day. Any on-site staff meetings shall be limited to a maximum of five persons at one time.
(h)
A minimum of one off-street parking space shall be provided per on-site employee, plus one space for every two residents of a type reasonably expected to be able to drive a vehicle.
(i)
If a group home is in a residential district, an appearance shall be maintained that is closely similar to nearby dwellings, and no sign shall identify the use.
(j)
The persons living on-site shall function as a common household unit.
(16)
Junkyard (includes automobile salvage yard).
(a)
Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on-site and routinely awaiting pickup.
(b)
Outdoor storage of junk shall be at least: 100 feet from any lot line of a primarily residential use; and 50 feet from any other lot line and the existing right-of-way of 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. Cleared twelve-foot wide aisles shall be provided throughout the entire use to allow access by emergency vehicles. Adequate off-street parking areas shall be provided for customers.
(d)
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot wide buffer yard which complies with § 450-62, unless such storage is not visible from an exterior lot line or street. The minimum initial height of the evergreen planting shall be four feet, which shall be designed to result in a solid eight-foot high plant screen within four years. Secure chain link or similar fencing with a minimum height of eight feet shall be provided and well maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
(e)
Burning or incineration is prohibited.
(g)
All gasoline, antifreeze and oil shall be drained from all vehicles and properly disposed of. All batteries shall be removed from vehicles and stored in a suitable area on an impervious and properly drained surface.
(h)
Lot area: one acre minimum; 10 acres maximum.
(i)
Tires. See the outdoor storage and display standards in § 450-35D(9).
(17)
Kennel.
(a)
Minimum lot area: one acre.
(b)
All buildings in which animals are housed and all runs shall be located at least 200 feet from any lot line of a primarily residential use. This setback shall not apply if the kennel is separated from a residential use by an expressway.
(c)
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any principal building on another lot.
(d)
No animal shall be permitted to use outdoor runs from 8:00 p.m. to 8:00 a.m. that are within 250 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.
(e)
Structures in which animals are kept shall provide adequate shelter from the elements, including being heated during cold weather.
(f)
All animal wastes shall be removed and properly disposed of, at least once a day.
(g)
The operator of the kennel shall exercise all necessary control over the animals and shall not allow a nuisance condition to exist in terms of excessive noise, odor or health hazards.
(18)
Medical marijuana facilities.
(a)
Academic clinical research centers.
[2]
An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
[3]
All external lighting serving an academic clinical research center must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
[4]
A buffer planting is required where an academic clinical research center adjoins a residential use or district.
(b)
Medical marijuana grower/processor.
[1]
A medical marijuana grower/processor shall meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are located in the same district.
[2]
A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
[3]
A medical marijuana grower/processor shall meet the setback, parking, landscaping, coverage, and building height requirements of the applicable zoning district to determine the building envelope and maximum allowable floor area.
[4]
The maximum floor area of a medical marijuana grower/processor shall be limited to 20,000 square feet, of which sufficient space must be set aside for secure storage of marijuana seeds, related finished product, and marijuana-related materials used in production or for required laboratory testing.
[5]
There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.
[6]
Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with the DOH policy and shall not be placed within any unsecure exterior refuse containers.
[7]
The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.
[8]
Grower/processors may not locate within 1,000 feet of the property line of a public, private, or parochial school or day-care center.
[9]
All external lighting serving a medical marijuana grower/processor must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
[11]
A buffer planting is required where a medical marijuana grower/processor adjoins a residential use or district.
[12]
[13]
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.
(c)
Medical marijuana transport vehicle service.
[1]
A traffic impact study is required where the office is operated.
[3]
All external lighting serving a medical marijuana transport vehicle service must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
[4]
A buffer planting is required where a medical marijuana transport vehicle service adjoins a residential use or district.
[5]
Entrances and driveways to a medical marijuana transport vehicle service must be designed to accommodate the anticipated vehicles used to enter and exit the premises.
[6]
If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana transport vehicle service facility, the facility must be secured to the same level as a medical marijuana grower/producer and dispensary.
[7]
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.
(d)
Medical marijuana dispensary.
[1]
A medical marijuana dispensary shall meet the same municipal zoning and land use requirements as other commercial facilities that are located in the same district.
[2]
A medical marijuana dispensary must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the DOH.
[3]
A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
[4]
A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.
[5]
Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.
[6]
Permitted hours of operation of a dispensary shall be 8:00 a.m. to 8:00 p.m. of the same calendar day.
[7]
A medical marijuana dispensary shall meet the setback, parking, landscaping, coverage and building height requirements of the applicable zoning district to determine the building envelope and maximum allowable floor area.
[8]
A medical marijuana dispensary shall be a maximum of 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of product and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.
[10]
A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.
[11]
A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted to the closest property line of the protected use, regardless of municipality in which it is located.
[12]
A medical marijuana dispensary shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of municipality in which it is located. This separation distance does not apply to the distance between the grower/processor or academic clinical research centers and the specific dispensary they serve, or with which they partner.
[13]
Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or a day-care center.
[14]
All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
[16]
A buffer planting is required where a medical marijuana dispensary adjoins a residential use or district.
[17]
[18]
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.
(20)
Mineral extraction.
(a)
Application requirements. A copy of all site plan information that will be required by the state DEP shall also be submitted to the Borough as part of the zoning application.
(b)
A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Zoning Officer.
(c)
After areas are used for mineral extraction, those areas shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting some productive or beneficial future use.
(d)
A seventy-five-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. This yard shall include an earth berm with a minimum average height of six feet 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.
(e)
The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not owned by the owner or operator of the mineral extraction use:
[1]
One hundred feet from the existing right-of-way of public streets 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 lot line of a dwelling, other than an abandoned dwelling;
[4]
One 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.
(f)
The excavated area of a mineral extraction use shall be set back 150 feet from the average waterline of a perennial stream or the edge of a natural wetland of more than two acres.
(g)
Truck access to the use shall be located to reasonably minimize hazards on public streets and dust and noise nuisances to residences.
(h)
Fencing. The Zoning Hearing Board may require secure fencing in locations where needed to protect public safety. As an alternative, the Zoning Hearing Board may approve the use of thorny vegetation to discourage public access. Also, warning signs shall be placed at intervals of not less than 100 feet around the outer edge of the use.
(j)
County Conservation District. A soil erosion and sedimentation plan shall be prepared by the applicant and found to be acceptable to the County Conservation District.
(k)
Hours of operation. The Zoning Hearing Board, as a condition of special exception approval, 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.
(l)
The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents.
(21)
Mobile/manufactured home. The following provisions shall apply for a dwelling on an individual lot or within a mobile/manufactured home park approved after the adoption of this chapter:
(a)
Construction. Any mobile/manufactured home placed on any lot after the adoption of this chapter shall be constructed in accordance with 1976 or later Safety and Construction Standards of the U.S. Department of Housing and Urban Development. (Note: These federal standards supersede any building code for the actual construction of the home itself.)
(b)
Each site shall be graded to provide a stable and well-drained area.
(c)
Each home shall have hitch and wheels removed.
(d)
Anchoring. A mobile/manufactured home on an individual lot or mobile/manufactured home park shall include a system that secures the home to the ground to prevent shifting, overturning or uneven settling of the home, with a secure base for the tie-downs.
(e)
Foundation treatment. The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable material that has the appearance of a foundation of a site-built home, such as material with a concrete-type or stucco facing. This subsection shall not apply within a manufactured/mobile home park. Metal skirting shall only be permitted within a manufactured/mobile home park. Provisions shall be provided as necessary for access to utility connections.
(f)
The front door of the home shall face onto a public street, except within a mobile home park.
(h)
A mobile/manufactured home shall not be permitted within a state-certified or National Register Historic District.
(22)
Mobile/manufactured home park.
(b)
The minimum tract area shall be one contiguous acre, which shall be under single ownership.
(c)
Density. The maximum average overall density shall be four dwelling units per acre.
[1]
To calculate this density, land in common open space or proposed streets within the park may be included. Land within the one-hundred-year floodway or that has natural slopes of 15% or greater shall not be included when calculating density.
(d)
Landscaped perimeter. Each mobile/manufactured home park shall include a twenty-five-foot wide landscaped area including substantial attractive evergreen and deciduous trees around the perimeter of the site, except where such landscaping would obstruct safe sight distances for traffic. A planting plan for such area shall be approved by the Zoning Hearing Board as part of any required special exception approval. Such landscaped area shall not be required between adjacent mobile home park developments. This landscaped area shall be 35 feet wide abutting existing single-family detached dwellings. The same area of land may count towards both the landscaped area and the building setback requirements.
(e)
A dwelling, including any attached accessory building, shall be set back a minimum of 25 feet from another other dwelling within the mobile home park, except that unenclosed porches, awnings and decks may be 15 feet from the walls of another dwelling.
(f)
The minimum separation between homes and edge of interior street cartway or parking court cartway shall be 25 feet.
(g)
The minimum principal and accessory building setbacks from exterior/boundary lot lines shall be 40 feet.
(h)
Each home shall comply with the above requirements for mobile/manufactured homes in this § 450-34.
(i)
Accessory structures. A detached accessory structure or garage shall be separated by a minimum of 15 feet from any dwelling units which the accessory structure is not accessory to.
(j)
Common open space for a mobile home park. A minimum of 10% of the total lot area of the entire mobile home park shall be set aside as common open space for the residents.
(k)
Streets.
[1]
Access to individual mobile home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.
[2]
Streets within the mobile home park that provide access to reach 20 or more dwellings shall have a minimum paved cartway of 24 feet, and other local private streets or parking courts serving less than 20 homes shall have a minimum paved cartway of 20 feet.
[3]
Curbs and sidewalks are not required on the private streets, but all private streets shall meet all other Borough cartway construction standards.
(24)
Outdoor storage and display. The provisions listed under § 450-35 are hereby included by reference.
(25)
Picnic grove, private.
(a)
Minimum lot area: one acre, unless a larger lot area is required by another section of this chapter.
(b)
All buildings, pavilions and active recreation areas shall be set back a minimum of 50 feet from any lot line of an existing principal dwelling, unless a larger setback is required by another section of this chapter.
(c)
The use shall not be open to customers/patrons between the hours of 11:00 p.m. and 7:00 a.m.
(26)
Place of worship.
(a)
Minimum lot area: 25,000 square feet in a residential district. In other districts, the standard minimum lot area shall apply.
(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 primary or secondary school and/or a child or adult day-care center are permitted on the same lot as a place of worship, provided the requirements for such uses are also met. Other uses shall only be permitted if all of the requirements for such uses are also met, including being permitted in the applicable district.
(c)
Two dwelling units may be accessory to a place of worship on the same lot, provided that they are only used to house religious leaders and their families.
(27)
Recreation, outdoor.
(a)
Any outdoor activity area shall be located no closer to any lot line than the required front yard depth and shall be screened and, if necessary, sound insulation shall be provided to protect the neighborhood from any possible noise.
(c)
Any swimming pool shall meet the requirements for such use, as stated in this article.
(28)
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 fire hazards.
(c)
Adequate provision shall be made for movement of trucks if needed and for off-street parking.
(d)
A twenty-foot wide buffer yard with screening as described in § 450-62 shall be provided between this use and any abutting residential lot line.
(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, fabric, 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. Only materials clearly being actively collected for recycling may be stored on site.
(g)
The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or land filling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard.
(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.
(i)
The use shall include the storage of a maximum of 50 tons of materials on the site if the use is within a residential district and within 500 feet of an existing dwelling.
(29)
Research laboratory. Defined herein as a building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products except as incidental to the main purpose of the laboratory.
(a)
No building or other structure shall be located within 500 feet of a residential zoning district.
(b)
All buildings, structures and storage areas shall be enclosed with a minimum eight-foot high safety fence.
(c)
The use shall not have or create any potential for environmental, fire, explosion, chemical, biological, or genetic hazards; or pose any other threat to the general health, safety and welfare of the Borough.
(d)
No material which is dangerous due to the explosion, toxicity, fire hazard or radioactivity shall be used, stored or manufactured.
(e)
No offensive waste shall be discharged into any stream, storm drainage systems or sanitary disposal systems.
(f)
No offensive dust, dirt, fly ash, offensive odors or noxious toxic or corrosive fumes, gases or liquids shall be emitted.
(g)
No noise or vibration which is objectionable due to volume, intermittence, beat frequency, or shrillness shall be transmitted outside the property where it originated.
(31)
Restaurant.
(b)
See drive-through service in § 450-35D(4).
(c)
Drive-through service shall only be provided where specifically permitted in the applicable district regulations.
(32)
School, public or private, primary or secondary.
(a)
Minimum lot area: two acres in a residential district. In any other district, the use shall meet the standard minimum lot area for that district.
(b)
No building, children's play equipment, basketball courts or illuminated recreation facilities shall be within 25 feet of a residential lot line, unless a more restrictive setback is established by another section of this chapter.
(c)
The use shall not include a dormitory unless specifically permitted in the district.
(33)
Self-storage development.
(a)
All storage units shall be of fire-resistant construction.
(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)
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.
(h)
Minimum separation between buildings: 20 feet, which shall allow passage by emergency vehicles.
(34)
Swimming pool, non-household.
(a)
The water surface shall be set back at least 50 feet from any existing dwelling.
(b)
Minimum lot area: 30,000 square feet.
(c)
Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by a buffer yard meeting § 450-62.
(d)
The water surface shall be surrounded by a secure, well-maintained fence at least six feet in height.
(e)
Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property.
(35)
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 an outdoor firearms range.
(b)
The design of the outdoor firearms target range shall be compared by the applicant with any applicable published guidelines of the National Rifle Association.
(c)
An outdoor firearms target range and any firing stations shall be located a minimum of 250 feet from any residential lot line, unless all firing would occur within a completely enclosed sound-resistant building. Clay pigeon shooting shall be directed away from homes and streets.
(d)
An outdoor firearms target range shall be properly posted.
(f)
An indoor firearms target range shall be adequately ventilated and/or air conditioned to allow the building to remain completely enclosed.
(36)
Townhouses/rowhouses and apartments.
(a)
Maximum number of townhouses attached in any manner: five.
(b)
Paved area setback. All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, shall be set back a minimum of 15 feet from any dwelling.
(c)
Garages. Townhouses shall 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.
(d)
Mailboxes. Any mailboxes provided within the street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of non-coordinated types at the curbside are specifically discouraged.
(e)
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.
(37)
Treatment centers.
(b)
The applicant shall provide a written description of all types of persons intended to occupy the use during the life the permit. Any future additions to this list shall require an additional special exception approval.
(c)
The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will involve adequate on-site supervision and security measures to protect public safety.
(d)
The Zoning Hearing Board may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.
(e)
If the use involves five or more residents, a suitable on-lot outdoor recreation area shall be provided that is supervised by the center's staff.
(38)
Veterinarian office (includes animal hospital).
(a)
Minimum lot area: 15,000 square feet.
(b)
Any structure in which animals are treated or housed shall be a minimum of 50 feet from any "residential lot line." Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely 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.
(d)
Although animals may be kept as an accessory use, a commercial kennel shall only be allowed if a kennel is permitted in that district and if the applicable requirements are met.
§ 450-35 Additional requirements for 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. A business shall only be conducted as an accessory to a dwelling if specifically permitted by 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 article for a particular accessory use. Accessory structure setback requirements shall not apply to permitted surface parking lots, fences or permitted accessory signs.
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.
D.
Special standards. Each accessory use shall comply with all of the following standards listed for that use:
(2)
Bus shelters.
(a)
A bus shelter that complies with this section shall be allowed to provide refuge for mass transit riders from adverse weather conditions.
(b)
Only the following signs shall be permitted: one two-sided sign with a maximum sign area of 30 square feet (which may be illuminated); and nonilluminated signs identifying the name of the transit provider, route schedules and maps.
(c)
A bus shelter with advertising signs shall only be allowed within commercial and industrial districts. The location of a bus shelter shall be approved in advance by the transit provider and Borough Council. The applicant shall prove to the Zoning Officer that the location will not interfere with pedestrian traffic along the sidewalk and with safe sight distances at intersections. The Borough may also require a written agreement for use of the public right-of-way.
(d)
The applicant shall prove to the Zoning Officer that there is a legally binding commitment by a responsible entity to properly maintain the bus shelter and to remove the shelter if it is not needed in the future or if it falls into disrepair.
(e)
Such shelters shall be durably constructed, with a roof. For security and safety purposes, the majority of the side walls of the shelter shall be constructed of a clear, shatter-resistant material.
(f)
Any light bulbs/lighting elements shall not be directly visible from outside of the shelters. The lighting may be diffused by an allowed sign. Glare shall not be created.
(g)
A bus shelter shall not be located directly abutting a single-family detached dwelling or a twin dwelling.
(h)
A bus shelter shall only be allowed within a commercial district or an immediately abutting sidewalk.
(3)
Day care, child as accessory to a dwelling (includes family day-care home or a group day-care home).
(b)
In any case, seven to 12 more children (other than children who are "related" to the primary caregiver) shall only be cared for at one time within a single-family detached dwelling with a minimum lot area of 12,000 square feet and a ten-foot minimum setback from all existing dwellings on another lot(s). Four to six children, in addition to children who are related to the primary caregiver, shall only be cared for at one time within a dwelling that is not attached to another dwelling. The care of fewer numbers of children may occur within any lawful dwelling unit.
(c)
The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic improvements.
(d)
The use shall be actively operated by a permanent resident of the dwelling.
(e)
If four or more children who are not related to a permanent resident of the dwelling are cared for, then a minimum of 200 square feet of safe exterior play area shall be available.
(g)
The use shall comply with any applicable state and federal regulations, including having an appropriate State Department of Public Welfare (or its successor agency) registration certificate or license if required by such agency.
(h)
The use shall include a secure fence around any outdoor areas abutting streets that are routinely used for outdoor play.
(4)
Drive-through facilities.
(a)
The proposed traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(b)
On-lot traffic circulation shall be clearly marked.
(c)
A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site. Any drive-through facilities shall be designed to minimize conflicts with pedestrian traffic.
(5)
Fences and walls.
(a)
Fences and walls are permitted by right in all districts. Any fence or wall shall be durably constructed and well-maintained. Fences that have deteriorated shall be replaced or removed.
(c)
Fences.
[1]
Front yard. Any fence located in the required front yard of a lot in a residential district shall:
[a]
Be an open-type of fence (such as picket, metal post or split rail) with a minimum ratio of 1:1 of open to structural areas;
[b]
Not exceed four feet in height; and
[c]
In a Historic District, such fence shall not be constructed from chain-link metal. Fences are encouraged to be constructed using weather-resistant wood, vinyl materials that resemble wood, or vinyl materials that resemble historic-style metal post fences.
[2]
On a corner lot, the maximum height of any fence shall be four feet within a yard that faces a street (not including a lot along an alley).
[3]
Brick may be used for posts or as a base for a fence, provided the maximum fence height is not exceeded.
[4]
On a corner lot, a fence shall meet the same requirements along both streets as would apply within a front yard. However, a fence in the second front yard may have a height of six feet and is not required to be an open-type fence if it is located to the rear of the principal building. A fence shall not be required to comply with minimum setbacks for accessory structures.
[5]
Height. Fences that are not within a residential district shall have a maximum height of six feet in a minimum front yard setback and eight feet in other locations. A fence in a residential district, other than a required front yard, shall have a maximum height of six feet.
[a]
However, a maximum of height of 12 feet shall be permitted where the applicant proves to the Zoning Officer that such taller height is necessary to protect public safety around a specific hazard, such as around an electric substation.
[b]
Structural posts of a fence may extend above the height of the fence.
[6]
Setbacks. No fence shall be built within an existing street right-of-way. A fence is not required to be set back from a lot line, but a small setback is recommended to provide for future maintenance of the fence.
[7]
Fence materials. Barbed wire shall not be used as part of fences around dwellings. No fence shall be constructed out of fabric, junk, junk vehicles, appliances, tanks or barrels.
[8]
Facing of fence. If one side of a fence includes posts or supports, those posts or supports shall be placed on the interior of the fence, as opposed to facing onto a street or another lot.
(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]
Walls in the minimum front yard or the side or rear accessory building setback in a residential district shall have a maximum height of three feet. On a corner lot, the maximum height of any wall shall be three feet within a yard that faces a street. Any other wall that is within a required yard shall have a maximum height of six feet.
[3]
Walls that are attached to a building shall be regulated as a part of that building.
(6)
Garage sale.
(a)
See definition in § 450-24. A garage sale shall not include wholesale sales, nor sale of new merchandise of a type typically found in retail stores.
(b)
If accessory to a dwelling, no garage sales as an accessory to a dwelling shall be held on a lot during more than four days total in any 12 consecutive months.
(c)
The use shall be clearly accessory to the principal use.
(d)
See also the provisions for garage sales in the Borough Code.
(7)
Home occupations (also see no-impact home-based business).
(a)
All home occupations shall meet the following requirements:
[1]
The use shall be conducted primarily by a permanent resident of the dwelling, and involve a maximum of one person working on-site at any one time who does not reside within the dwelling. A maximum of one nonresident employee shall visit the property on a daily basis or operate a vehicle based at the property.
[2]
The use shall be conducted indoors. No outdoor storage or display related to the home occupation shall be permitted. No changes shall occur to the exterior of a building that would reduce its residential appearance as viewed from a street.
[3]
The use shall occupy an area that is not greater than 25% of the total floor area of the principal dwelling unit. The use shall clearly be secondary to the residential use.
[4]
One off-street parking space shall be required per nonresident employee. In addition, for a general home occupation, the Zoning Hearing Board shall require additional off-street parking if the Board determines it is necessary for customer parking.
[5]
The use shall not require delivery or pickup by tractor-trailer trucks.
[6]
The regulations of Subsection D(11)(d) of this section regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.
[7]
No equipment or machinery shall be permitted that produces noise, noxious odor, vibration, glare, electrical or electronic interference detectable on another property. The use shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and amounts typically found on a residential property. The use shall not involve the storage or use of toxic or highly hazardous substances.
[8]
A home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 9:00 p.m. and 7:30 a.m.
[9]
Any tutoring or instruction shall be limited to a maximum of three students at a time.
[10]
A barber or beauty shop shall not include any nonresident employees.
[11]
The main office of a medical doctor, chiropractor or dentist shall not be permitted as a home occupation.
[12]
The only allowed sign shall be one home occupation sign meeting § 450-50. Such sign shall not be illuminated and shall be attached to a building.
[13]
The Zoning Hearing Board shall deny a general home occupation application, or limit its intensity through conditions, if the Board determines the use would be too intense for the proposed location. In making such determination, the Board shall review the likely amounts of traffic, the amount of deliveries that will be needed, the types of operations involved and related nuisances, the amount of off-street and on-street parking that is available, the density of the neighborhood, whether the use would be adjacent to another dwelling, and the setbacks from other dwellings.
[14]
The use shall not involve manufacturing, other than of custom crafts and sewing. The use shall not involve commercial repair of motor vehicles.
[15]
The use may include sales using telephone, mail order or electronic methods. On-site retail sales shall only be permitted within a general home occupation, and if specifically approved as part of a special exception approval. Such retail sales shall be limited to sales that are clearly accessory to an approved barber shop or similar on-site service.
[16]
If more than one home occupation is accessory to a dwelling, the total aggregate impact of the home occupations shall be considered in determining compliance with this chapter.
[17]
A zoning permit shall be required for any home occupation.
[18]
If a tenant is seeking special exception approval, written consent for the application shall be provided from the owner of the property.
[19]
If a home occupation is discontinued for a period of over one year, then a new approval shall be required before the home occupation may be reestablished.
(8)
No-impact home-based business. No-impact home-based businesses are permitted-by-right accessory uses. The business or commercial activity must satisfy the following requirements:
(a)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(b)
The business shall employ no employees other than family members residing in the dwelling.
(c)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(d)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(e)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(f)
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(g)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(h)
The business may not involve any illegal activity.
(9)
Outdoor storage and display. Commercial or industrial as a principal or accessory use.
(a)
Location. Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, buffer yard, sidewalk or other area intended or designed for pedestrian use or required parking area.
(b)
No such storage or display shall occur on areas with a slope of 25% or more within the one-hundred-year floodway.
(d)
Any storage of more than 50 used tires shall only be permitted as part of a Borough-approved junkyard. Any storage of used tires shall involve stacks with a maximum height of 15 feet, and that cover a maximum of 400 square feet. Each stack shall be separated from other stacks from all lot lines by a minimum of 75 feet.
(10)
Pets, keeping of.
(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. No dangerous animals shall be kept outdoors in a residential district, except within a secure, completely enclosed cage or fenced area of sufficient height or on a leash under full control of the owner.
(d)
The keeping of up to two total pigeons, chickens, ducks, geese and/or similar-sized animals shall be permitted on lot with a minimum lot area of 10,000 square feet.
(e)
Animals shall only be permitted provided they do not create unsanitary conditions or noxious odors for neighbors.
(f)
A minimum lot area of two acres shall be required for the keeping of a horse or similar-sized animal, with one additional acre required for each additional such animal.
(g)
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 lizards, but do not include bears, goats, wolves, wolf-dog hybrids, cows, venomous snakes that could be toxic to humans, hogs or sheep.
(h)
It shall be unlawful on a residential property to maintain any exotic wildlife as defined by the Pennsylvania Game and Wildlife Code, whether or not an exotic wildlife possession permit has been issued.
(11)
Residential accessory structure or use. (See definition in Article III.)
(a)
Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 450-31 unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard, nor within 10 feet of any street right-of-way line (such as on a corner lot).
(b)
Accessory buildings in a residential district shall meet the following requirements:
[1]
The maximum total building coverage of all accessory buildings and principal buildings shall not exceed the maximum percent building coverage in the Table of Dimensional Requirements in Each District at the end of this chapter for the various residential districts. (Note: this building coverage limit does not include: unroofed household swimming pools; any attached, unroofed swimming pool deck; or fences.)
[2]
The maximum total impervious lot coverage of all accessory buildings and principal buildings shall not exceed the maximum percent impervious coverage in the Table of Dimensional Requirements in Each District at the end of this chapter for the various residential districts. (Note: this impervious lot coverage limit does include: a swimming pool unit, defined, herein, as the swimming pool plus any adjacent sidewalk and/or paved surface around the pool, any roofed pool deck, any pool house; impervious patio areas; and any other impervious areas on the lot.)
(d)
Parking of trucks and buses. The overnight parking of commercial trucks and buses on a primarily residential lot in a residential district is prohibited, except that the following shall be permitted if such vehicle(s) is used by residents of the dwelling to travel to and from work:
[1]
The parking of a maximum of two vehicles, each of up to 14,000 pounds aggregate gross vehicle weight.
(g)
A maximum of one motor vehicle that does not display a current state registration and license plate may be stored on a residential lot outside of an enclosed building. However, such unregistered motor vehicle shall not be stored for more than 30 days in any calendar year. See also Chapter 422, Vehicles, Abandoned and Junked.
(12)
Swimming pool, household (referred hereafter as "pool").
(a)
Enclosure pools. A new or existing swimming pool shall include a secure fence with a minimum four feet height or other enclosure meeting the requirements of the applicable Building Code.
(b)
Location. Any pool deck or shelter that is elevated above the average surrounding ground level and the water surface of any pool shall be set back a minimum of 10 feet from any lot line. Patios around pools that are level with the average surrounding ground level are not required to be set back from lot lines. A pool is not permitted within a required front yard. A pool shall comply with limitations of any water or sewer easement.
(c)
Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property. Such method may be subject to approval of the Zoning Officer.
(d)
The Borough does not assume responsibility for guaranteeing to the public that all new and existing pools fully comply with these provisions.
(13)
Telephones or vending machines.
(a)
No outdoor pay telephone and no outdoor coin-operated vending machine shall be placed on a public sidewalk in the public right-of-way, except for newspaper/periodical vending machines, and only with the permission of the property owner. A newspaper/periodical vending machine shall only be permitted on a sidewalk if a four-foot wide pedestrian path is unobstructed.
(b)
No pay telephone and no coin-operated vending machine shall be outdoors as accessory to a dwelling or vacant lot.
(14)
Unit for care of relative.
(b)
The accessory unit shall be occupied by a maximum of two persons, who shall be close "relatives" of the permanent residents of the principal dwelling unit. At least one resident of the accessory unit shall need such accommodations because of an illness, old age or disability.
(c)
The applicant shall prove to the Zoning Hearing Board that the accessory unit has been designed and constructed so that it can be easily reconverted into part of the principal dwelling unit after the relative no longer resides within the unit. A written plan shall be submitted showing how the separate unit will be changed to no longer be a separate unit. The accessory unit may be converted into an additional bedroom(s), permitted home occupation area or similar use. A lawful detached garage may be converted into a unit for care of relative, and then be reconverted to a garage or permitted home occupation area.
(d)
The applicant shall establish a legally binding mechanism that will prohibit the use of the accessory unit as a separate dwelling unit after the relative no longer resides within the unit. Such mechanism shall also be binding upon future owners.
(e)
The owner of the property shall be required to annually renew the permit for the use. Such renewal shall be conditioned upon the owner proving that a relative of the occupants of the principal dwelling unit continues to reside within the accessory unit.
(f)
Such accessory unit shall not decrease the one-family residential appearance of a one-family dwelling, as viewed from exterior property lines.
(g)
Additional parking for the accessory unit may be waived by the Zoning Hearing Board as part of the special exception approval if the applicant proves that the resident(s) of the accessory unit will not routinely operate a vehicle.