Every building which requires the receipt or distribution by vehicles of materials or merchandise shall provide off-street loading berths in accordance with the following table:

Each off-street parking space shall have an area of not less than 162 square feet exclusive of access drives or aisles, and shall be nine feet by 18 feet. Except in the case of dwellings, no parking area shall contain less than three spaces. There shall be adequate ingress and egress to all parking spaces. Parking areas shall be designed to provide sufficient turnaround area so that vehicles are not required to back into roads. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Such access drive shall not be less than 15 feet wide for one-way drives. For two-way drives, such access drives shall not be less than 20 feet wide. Access to off-street parking areas shall be limited to well defined locations, and in no case shall there be unrestricted access along the length of a street or alley.

The number of off-street parking spaces required is set forth below. Where the use of the premises is not specifically mentioned, requirements for a similar use shall apply as determined by the Zoning Officer.

Required parking spaces shall be located on the same lot with the principal use, except that up to 25% of the required spaces may be located within a street right-of-way that is improved by the developer including paving, curbing, storm drainage and sidewalks.

The facility must meet the setback requirements of the district.

The facility must be enclosed by a fence not less than four feet high to prevent uncontrolled access by small children for safety reasons.

The facility, if operated to attract visitors, must provide ample parking space as will be determined by the Zoning Officer.

Before a permit shall be issued to the operator or owner of the facility, other than a private swimming pool, a plan shall be submitted to the Zoning Officer showing size of facility, proposed use, parking arrangements and use of the buildings on site, surrounding properties and their usage, and any other pertinent information.

Signs shall not be illuminated or positioned in any manner which would cause undue distraction, confusion, or hazard to vehicular traffic.

Signs shall not be placed within public rights-of-way.

Signs in residential districts shall be limited to temporary real estate signs not to exceed four square feet; temporary garage sale signs not to exceed two square feet; temporary political signs not to exceed four square feet; and permanent home occupation signs not to exceed two square feet in the R-1 District and four square feet in the R-2 District, all of which shall be flush-mounted. All temporary signs must be removed immediately after the expressed activity has terminated.

Signs in business and transitional districts shall relate only to the business or activity conducted on the premises. The total area in square feet of all such signs, including signs on marquees and canopies, shall not exceed the number of linear feet of street frontage. No projecting sign shall exceed 20 square feet in area, subject to the following provisions:

In addition to signs allowed in Subsection D, the following signs shall be permitted within business districts: temporary real estate signs not to exceed 10 square feet; temporary political signs not to exceed 10 square feet; temporary garage sale signs not to exceed two square feet; and self-illuminating and moving signs related only to the business or activity conducted on the premises. All temporary signs must be removed immediately after the expressed activity has been terminated.

Signs or boards for churches, schools or similar public structures are allowed in all districts, not to exceed 20 square feet in size.

Signs erected at intersections shall not impair the visibility of the motoring public. Where signs are placed at intersections, they shall project off the ground horizontally from the principal structures and maintain a minimum clearance of 12 feet from the bottommost portion of the sign to the ground level. No flashing or distracting signs or devices which may be confused with traffic signals or warning devices are allowed.

A sign pertaining to the candidacy of any person for public office shall not be erected or placed within the Borough until such individual or representative of the candidate posts a cash bond of $50 with the Zoning Officer. Such signs shall be erected no sooner than 30 days prior to the date of an election (primary or general) and such signs must be removed within 10 days following the election date or else the bond will be forfeited to the Borough. The Borough shall refund the cash bond within 30 days of the receipt of a notarized affidavit by the candidate or his representative attesting to the complete removal of all signs within the Borough. Such signs shall not be placed within the public right-of-way nor be situated within clear sight areas of any intersection of the Borough and are limited to 10 square feet with the exception of the utilization of permitted billboards.

Enclosures for side yards and rear yards shall not exceed a height of six feet in any residential district, and both shall be measured at the level of the natural lay of the land. Within any residential district, no enclosure shall be permitted that causes physical harm, such as barbed wire or electric fences and razor, spiked or broken-glass-topped fences and walls, etc.

Within the T and B-1 Districts, the height of enclosures shall not exceed eight feet, and within the B-2 District, the height may increase to 12 feet. The distance of height shall be determined from the ground level below the enclosure.

No enclosure shall project beyond the front setback line in any district. Front yards in any district may have ornamental and security fencing limited to three feet in height and 50% solid. There are no minimum setback distances established for side or rear yards, and normal landscaping structures do not require a permit.

Apartment buildings, condominiums and townhouses are considered unit building(s) regardless of ownership, rental or lease status and the standards governing development of each within the R-2 and T Districts shall be the same as is prescribed for multifamily units in § 280-19 of this chapter.[1]

Prior to the approval of such structures, the Zoning Officer shall be provided with an approved copy of the declaration plan required for condominiums by current state law, if applicable. Any other requirements that are applicable to these required structures, such as PA Department of Labor and Industry regulations, must also be complied with, and any permit and/or plan required by the commonwealth must be provided to the Zoning Officer.

All district requirements (§§ 280-19 and 280-20) shall be met, as well as any other pertinent supplementary regulations of this chapter.

All PA Department of Labor and Industry standards shall be complied with, accompanied by an approved plan by said agency.

There shall be two entrances for each unit for potential emergency situations.

The ground floor of the principal structure shall be devoted to the business activities as permitted in the T and B-1 Districts.

All basic standards of §§ 280-19 and 280-20 shall be met.

A minimum of two means of entrance and exits shall be maintained for each floor on which a residential unit or units are located and the requirements of the PA Department of Labor and Industry shall be met.

The area devoted to the home occupation, whether carried out in the principal or in an accessory structure, shall not exceed 30% of the floor area of the principal structure.

There shall be no exterior display, exterior sign other than permitted under § 280-30C, no exterior storage of materials and no exterior indication of the home occupation or variation from the residential character of the principal structure.

No noise, vibrations, smoke, dust, odors, heat, glare or excessive traffic shall be produced.

A home occupation shall not be interpreted to include commercial kennels, motor vehicle or auto body shops, restaurants, or medical and dental clinics.

Not more than the following employees who do not reside on the premises or in the house shall be employed in said occupation: none in the R-1 District, one in the R-2 District, and two in the T and B-1 Districts.

The parking need generated by the conduct of a home occupation shall be met off the street and other than in the required front yard.

The site shall have a minimum frontage of 100 feet.

All areas that are not landscaped shall be paved, graded and drained to properly dispose of all surface water.

Separate entrance and exit driveways shall be provided, and these shall be limited to a maximum of one of each on each abutting street. The entrance and exit driveways shall not be less than 30 feet apart at the street right-of-way.

Entrance and exit driveways shall be located no closer than 50 feet from the intersecting right-of-way lines of street intersections, and these access driveways shall not exceed 20 feet in width nor be less than 10 feet in width within 10 feet of the street right-of-way.

The owner shall provide a site plan of the proposed operation showing the location of entrance and exits, the building housing the equipment, the parking areas, the distance to the nearest street intersection, property lines and setbacks.

All basic development standards of §§ 280-19 and 280-20 shall be met for single-family detached dwellings.

The minimum area of a mobile home park shall be five acres.

Each mobile home lot within the mobile home park shall have a minimum area of 4,000 square feet.

Each mobile home lot shall have a minimum width of 40 feet.

Not less than 10% of the gross area of the mobile home park shall be improved for recreational activities for the residents of the park.

The mobile home park shall be appropriately landscaped and screened from adjacent properties.

The mobile home park shall meet all applicable requirements of Chapter 234, Subdivision and Land Development, of the Code of the Borough of Waterford.

Coin-operated laundries, laundry and dry-cleaning pickup stations and other service convenience establishments may be permitted in mobile home parks provided that they are subordinate to the residential character of the park; they are located, designed and intended to serve only the needs of persons living in the park; the establishments and the parking areas related to their use shall not occupy more than 10% of the total area of the park; and the establishments shall present no visible evidence of their service nature to areas outside the park.

No mobile home shall be erected within the Borough of Waterford except in an approved mobile home park, except as hereinafter provided.

Mobile homes or temporary structures and trailers shall be approved for temporary erection and use on any lot where construction of a permanent structure is contemplated, provided that such construction shall commence within one year after approval, and provided further that such mobile home, temporary structure or trailer shall be removed upon completion of such construction or within five years of approval, whichever first occurs.

They shall be completely screened on all sides with a visually solid fence or wall at least eight feet in height and not more than 12 feet in height. All fencing or walls shall be maintained in sound condition.

All material shall be stored or arranged so as to permit access by fire-fighting equipment and to prevent the accumulation of water, and with no material piled at a height above the level of the fence or wall. No oil, grease, tires, gasoline, interiors of vehicles or other similar material shall be burned at any time.

Any such facility shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats or other vectors.

Evidence that all applicable federal, state, county and local laws, rules, regulations, and ordinances (including those dealing with fire protection and other safety requirements, the number and qualifications of personnel required, etc.) have been met and will be complied with, concerning the use of an existing structure or construction of a new facility, and the operation of the facility once occupied.

Evidence that all necessary permits, licenses, certifications and other approvals for the facility and for its operator and/or personnel or employees have been obtained from federal, state, county and local government agencies and/or courts, as applicable, and will be kept in effect.

A paved parking area(s) with one off-street parking space for each employee and/or operator on maximum attendant shift; and one off-street parking space for every two care recipient beds, which may be utilized for recipients or visitors parking as applicable.

The Zoning Officer may require the applicant to submit further information and evidence as needed to make a final determination, including but not limited to any of the following:

The Zoning Officer may require the applicant to retain an expert consultant to study and report as to compliance or noncompliance with the performance standards, and to advise how a proposed use can be brought into compliance with the standards. The consultant or consultants shall be persons or firms mutually agreeable to the Borough and the applicant. In the event of inability to select a mutually agreeable consultant, the Borough Council shall select the consultant. The cost of the consultant's services shall be borne by the applicant.

The Zoning Officer shall investigate any purported violation of the performance standards, relying on the resources and enforcement authority of state and federal regulatory agencies if applicable. In extreme cases or cases over which the Borough has sole authority, the Zoning Officer may retain the services of expert consultant or certified environmental testing laboratories. The service of any consultants retained in the Zoning Officer's investigation shall be paid by the violator if the violation is established, otherwise by the Borough. If the Zoning Officer determines that a violation has occurred or exists, a copy of his findings shall be sent to the business owner or operator with instruction to correct the violation within a specified time period. If, after the conclusion of the time granted for compliance with the performance standards, the Zoning Officer determines the violation is still in existence, any permits previously issued shall be required to cease operation until the violation is remedied.

The following performance standards shall be met and maintained by all business uses after the effective date of this chapter:

Any semitrailers used as permanent storage facilities are subject to the following requirements:

Any trailer that does not conform to the above requirements must be removed from the Borough.

Temporary storage facilities are subject to the following requirements:

Temporary storage facilities shall not be authorized upon any lot unless a temporary permit therefor has first been issued by the Zoning Administrator. Requirements governing application for and issuance of temporary permits shall include:

Any person or firm which is engaged in the business of renting or otherwise providing temporary storage facilities to persons owning or occupying property in Waterford Borough shall register with the Zoning Administrator within 30 days after the effective date of this section or, if later, within 30 days after commencing such operations.

Regulations of this section shall be administered and enforced generally in accordance with the provisions of § 280-49, except as specifically provided otherwise in this section.

It is the intent of this section to prohibit the placement of any shipping container or trailer as an accessory building, storage building, or living unit anywhere in the Borough. This limitation is to protect the public health and safety of the residents of the Borough because such shipping containers and trailers are not manufactured for storage or living.

It shall be unlawful for any person or entity to use any shipping container or trailer as an accessory building, storage facility, or living unit.

This section shall apply to all shipping containers and trailers manufactured with or without axles and wheels.

Violation of this section shall be deemed a misdemeanor and upon conviction thereof shall be punishable by a fine not less than $25 for more than $500 for each violation. Each day of noncompliance shall be deemed a separate violation.