Applications for special exceptions, when listed as permissible by Article 3, shall be approved or denied by the Zoning Hearing Board, in accordance with the standards and criteria of this Article, the zoning district regulations, and other applicable provisions of this Ordinance.

402.1

Application Content.

Applications for special exceptions shall be submitted to the Zoning Officer in the form prescribed by Waynesburg Borough. Such materials shall include site and building plans which clearly identify the location, size, shape, and use of the proposed site and structures, surrounding land uses within one-quarter mile, proposed vehicular and pedestrian accesses, and other information necessary to evaluate the application according to the standards contained in this Ordinance.

402.2

Review Procedure.

1.

The Zoning Officer shall forward all special exception use applications to the Zoning Hearing Board for review and comment.

2.

The Zoning Officer shall notify the Greene County Planning Commission of all applications for special exceptions to provide the Commission with an opportunity to present testimony before the Zoning Hearing Board, if desired. The Zoning Hearing Board shall review and approve or deny applications for special exceptions in accordance with the provisions of Section 9-904 of this Ordinance and Article IX of M.P.C. [53 P.S. § 10901 et seq.].

402.3

Revocation of Approval.

Approval of a special exception use shall lapse after nine months from the date of approval if the provisions in section 9-902 for obtaining zoning certificates and completing work are not met. One (1) extension of up to nine additional months may be granted by the Zoning Officer where the applicant can show good cause for the delay.

403.1

Before approving a special exception application, the Zoning Hearing Board shall determine that the proposed use will not alter the established character and use of the neighborhood or district in which it is located and that it will not substantially impair the use or development of adjacent properties. The following general standards, among other things, shall be used in the evaluation. These standards shall be in addition to any other applicable requirements in this Ordinance.

1.

The proposed use complies with all applicable provisions and requirements for that type of use contained in this Ordinance, unless a variance to any provision has been granted by the Zoning Hearing Board, and with other applicable local County and Commonwealth ordinances, laws and regulations.

2.

The proposed use is compatible with the surrounding land uses, and it will not have a negative impact on the existing neighborhood or development in terms of air and water quality, noise, potential hazards, illumination and glare, and restrictions to natural light and circulation.

3.

The site for the proposed use is suitable in terms of size, topography, soil conditions and similar physical features.

4.

The proposed use and site provides for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The use provides for safe, efficient internal circulation and sufficient off-street parking and loading.

5.

The proposed use complies with all applicable standards and requirements for providing sanitary sewage disposal, water supply, stormwater management, solid and toxic waste storage and disposal.

6.

The proposed use provides screening and/or buffer areas as required by this Ordinance.

7.

The proposed use/development conforms to the scale, character and exterior appearance of existing structures and uses in neighborhoods in which it is located.

For the uses identified in this section, Council or the Zoning Hearing Board, as appropriate, shall also determine that the proposed use complies with these standards, in addition to other applicable requirements in this Ordinance.

(NOTE: Uses are listed in alphabetical order.)

404.1

Adult Oriented Use.

1.

No adult-oriented establishment shall be located within 200 hundred (200) feet of any residential zoning district, as measured from the property line to the residential zoning district line.

2.

No adult-oriented establishment shall be located within five hundred (500) feet of any religious uses, educational uses, day care facilities and recreational uses, as measured from the property line to the property line of such use.

3.

No adult-oriented establishment shall be located within five hundred (500) feet of any an existing adult-oriented establishment as measured from the property line.

4.

A 50 feet buffer yard shall be provided along the side and rear lot lines. If such buffer area does not include substantial mature trees that will be preserved, it shall include continuous screening by evergreen trees with an initial height of five (5) feet.

5.

An adult-oriented establishment may be open for business Monday through Saturday from 7:00AM to 1:00AM prevailing time only. No adult-oriented establishment shall be open at any time on Sunday or on a legal holiday as set forth in the Act of May 31, 1893, P.L. 188 § 1, as amended, 44 P.S. § 11.

6.

No materials or merchandise of any kind offered for sale, rent, lease, or loan or for view upon the premises of an adult-oriented establishment shall be exhibited or displayed outside of a building or structure.

7.

The exterior of the building may include one (1) wall sign or parallel sign identifying the name of the adult business or entertainment use, which shall not exceed 20 square feet in size.

8.

Freestanding signs, banners, directional signs, illuminated signs, portable signs, roof signs, seasonal signs and billboards shall be prohibited on the property.

9.

Window signs shall be limited to twenty-five (25) percent of the total window area and shall not include any graphic or pictorial depiction of material related to specific sexual activities or anatomical areas.

10.

Advertisements, displays or other promotional materials related to specific sexual activities or anatomical area shall not be shown or exhibited so as to be visible to the public from the exterior of the building.

11.

For public health reasons, private booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.

12.

Only "lawful" massages as defined by State court decisions shall be performed in a massage parlor.

13.

No adult-oriented establishment or massage parlor shall be used for any purpose that violates any Federal, State or municipal law.

14.

No use may include live actual or simulated sex acts nor any physical or sexual contact between employees and entertainers or between employees or entertainers and customers. At an adult-oriented establishment involving "live entertainment," employees or entertainers shall maintain a minimum distance of three (3) feet from customers. This shall include, but not be limited to, a prohibition on "lap dancing."

15.

Any application for an adult-oriented establishment use shall state the names and business addresses of: a) all individuals intended to have more than a 5 percent ownership in such use or in a corporation owning such use, and b) an on-site manager responsible to ensure compliance with this Ordinance on a daily basis. A telephone number shall be provided where the on-site manager can be reached during business hours. Such information shall be updated at the beginning of each year in writing to the Zoning Officer.

404.2

Bed and Breakfast.

1.

The minimum lot area required shall be 5,000 square feet.

2.

The maximum number of sleeping quarters offered shall be seven (7).

3.

The owner/operator shall be a full-time resident of the dwelling.

4.

No meals, other than breakfast shall be served on the premises. Meals shall not be served to customers who are not overnight guests.

5.

The maximum length of stay for any guest shall be seven (7) consecutive overnight stays in any thirty (30) -day period.

6.

No sign shall be permitted other than a place card mounted on the wall of the dwelling, which shall not exceed four (4) square feet in area and which shall contain only the name and address of the Bed and Breakfast and the name of the proprietor.

7.

One (1) off-street parking space shall be provided on the lot for each sleeping room, located on the side or rear lots only, not to be located within the setbacks, and be screened on three sides by a four (4) -foot compact hedge, fence and/or other landscape features as may be required by the zoning Hearing Board.

8.

There shall be no cooking facilities in the sleeping quarters.

9.

Amenities such as swimming pools, porches, gazebos, etc., shall be for guests only.

404.3

Business Service.

1.

Business services shall be limited to activities with a performance impact typical of office and retail activities.

2.

The facility shall not produce odors, gas, dust or any other atmospheric pollutant detrimental to the health, safety or general welfare of persons living or working in the surrounding area, nor shall it produce noise in excess of applicable noise standards under state law and any other applicable laws.

404.4

Car Wash.

1.

Repair work and car lubrication are not permitted.

2.

Washing facilities are permitted within a structure with open ends on two sides of the wash bay.

3.

Drainage water shall be controlled so that it does not flow or drain onto adjacent property or public/private property.

4.

In addition to the required parking areas, a minimum of five (5) standing spaces, in tandem, shall be provided. These standing spaces shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the site, block any right-of-way and be completely contained within the buildable area of the lot.

5.

The facility shall be connected to the public storm sewer system.

6.

Gasoline pumps are not permitted.

7.

Driveway entrances shall be located at least thirty (30) feet from the right-of-way line of the intersection of any public street.

404.5

Cemetery.

1.

Required yards and setbacks shall be established as part of the application review.

2.

Buffer areas or other screening may be required along the facility's boundaries in order to separate and screen adjacent properties.

3.

A minimum of five (5) acres shall be required.

4.

The owner/operator of the cemetery shall supply a long-term maintenance plan to the Borough.

5.

All maintenance equipment shall be stored in an enclosed building when not in use.

404.6

Clinic, Drug Treatment.

1.

Any facility dispensing medical marijuana must be legally registered in the Commonwealth and possess a current valid medical marijuana permit from the DOH. Such a facility 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.

2.

Any proposed methadone or suboxone treatment facility shall include with its submission of a zoning permit application a development narrative that accurately describes the nature of medical services to be provided and the names of the medical practitioners providing said services. A licensed physician shall be on duty at this type of facility during its hours of operation.

3.

A clinic that dispenses medical marijuana may not operate on the same site as a facility used for growing and processing medical marijuana.

4.

Clinics shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of controlled substance and unauthorized entrance into areas where they are stored.

5.

A clinic that dispenses medical marijuana 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 twenty-five (25) percent of the gross floor area.

6.

A clinic that dispenses medical marijuana shall:

a.

Not have a drive-through service;

b.

Not have outdoor seating areas;

c.

Not have outdoor vending machines;

d.

Prohibit the administering of, or the consumption of medical marijuana on the premises; and

e.

Not offer direct or home delivery service.

7.

A clinic may dispense controlled substances only to certified patients and caregivers and shall comply with all lawful, applicable health regulations.

8.

A clinic that dispenses medical marijuana shall 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.

9.

A clinic that dispenses medical marijuana shall be a minimum distance of 1,000 feet from the next nearest clinic. 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 and the specific dispensary they serve, or with which they partner.

10.

Any clinic 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 facility.

11.

A buffer planting is required where a clinic adjoins a residential use or district.

404.7

Commercial Recreation.

1.

All structures shall not be less than twenty-five (25) feet from any property line.

2.

All facilities shall abut a public road and have a permanent access thereto.

3.

Alcoholic beverages without a state liquor control board license, amplified music, and juke boxes shall be prohibited on the premises.

4.

Operating hours for such facility shall be no earlier than 7[:00] a.m. and no later than 11[:00] p.m., prevailing time.

5.

All pools shall be surrounded by a fence at least six (6) feet in height, the entrance to which shall be kept locked when attendant is not present; and shall be constructed in accordance with all applicable state requirements.

6.

Tennis courts shall be protected by a permanent fence ten (10) feet in height behind each base line extending ten (10) feet beyond the playing area in each direction.

7.

All waste disposal storage areas shall be located in the rear yard in compliance with all setback requirements of the applicable zoning district.

404.8

Community Center.

1.

A 10-foot minimum width buffer yard shall be provided along the side and rear lot lines adjacent to any lot in a residential district. This provision shall not apply to a community center that serves a single residential development.

404.9

Community Garden.

1.

Hours of operation. Operation using machinery may begin at sunrise or 7:00 am, whichever is earlier, and must end at sunset or 9:00 pm, whichever is later. Automatically functioning equipment, such as sprinklers, is not considered operation.

2.

Additional uses and structures. Community gardens may include any of the following features: raised and/or accessible planting beds, compost bins, picnic tables, garden art, rain barrel systems, rest room facilities or portable toilets, signage, storage sheds, and children's play areas.

3.

Waste containers. All community gardens shall have suitable containers for waste and recyclables that are regularly serviced.

4.

Sales. A community garden may include a seasonal farm stand only for the sale of items grown at the site; no other merchandise may be sold. Stands shall be removed from the premises or stored inside a building on the premises or off site when the garden is not in operation. Sales must occur on-site and only between 7:00 a.m. and 9:00 p.m. A plan for off-street parking must be provided to and approved by the Borough if items are to be sold on site.

404.10

Conversion Apartment.

1.

In order to convert an existing single/two-family dwelling to multiple family dwelling the following requirements must be met:

a.

The structure must comply with the minimum lot area per dwelling unit for multifamily uses in the zoning district.

b.

The required number of off street parking spaces per dwelling unit must be provided. No off-street parking shall be permitted in a front yard; parking may be provided in a side or rear yard, provided it is visually screened from the street and adjacent properties.

c.

No individual dwelling unit shall contain less than 700 square feet of floor area and shall include kitchen and bath facilities.

d.

All units shall comply with applicable requirements of the International Property Maintenance Code and Pennsylvania Labor and Industry regulations.

e.

No dwelling shall be located in a basement or cellar and no separate unit shall be located on the third floor of a wood frame building.

404.11

Day Care Center, Adult or Child.

1.

All day care centers must be licensed by the PA Department of Public Welfare and must operate in accordance with the requirements of the Department. This requirement is a condition of occupancy.

2.

Any outdoor recreational areas on the property shall be no closer than 25 feet to an abutting street or 10 feet to any property lines. They shall be fenced with a self-latching gate or otherwise secured and landscaped as required by the Governing Body.

3.

Safe vehicular access and off street areas for discharging and picking up children or adults shall be provided.

4.

One parking space shall be provided for each staff member, plus one for each six children or adults cared for at the center. Parking areas for four or more vehicles shall be screened in accordance with section 5-506 when abutting a residential use or district.

404.12

Drive Through.

1.

All businesses which propose drive through facilities, as defined by this ordinance, as accessory uses shall meet all of the following requirements:

a.

General Regulations.

i.

A drive-through facility at or near an intersection may be approved only if it is demonstrated that the drive-through will not significantly increase traffic congestion.

ii.

No more than one drive-through aisle may be approved for any single drive-through facility.

iii.

Entries to and exits from a drive-through facility shall be a minimum of 150 feet from the street center line of any intersection or from another drive-through facility on the same side of the street.

iv.

A drive-through facility including drive-through aisles shall provide landscaping to buffer adjacent uses and provide lighting which does not produce any objectionable direct or reflected glare on any adjoining property or thoroughfares.

404.13

Dwelling, Manufactured Home.

Any installation of a manufactured home shall be subject to the following requirements:

1.

Manufactured homes shall be placed on permanent footers (concrete runners) at a depth no less than 18". These permanent footers (concrete runners) must be the same width as the manufactured home with a top surface of 16" to 24" wide.

2.

Manufactured homes shall have double concrete block piers, 8" x 8" x 16" (block size) under the frame at a distance no less than eight (8') feet and no more than twelve (12') feet apart. The concrete block piers must coincide with the permanent footers (concrete runners) as listed above. These concrete block piers shall not be less than twelve (12") inches or more than forty-eight (48") inches in height.

3.

Manufactured homes shall be secured to the permanent footer (concrete runner) with at least four (4) tie downs such as concrete "dead-men," screw augers, arrowhead anchors or other devices suitable to withstand a tension of at least 2,800 pounds to prevent rocking and wind overturning. The tie downs consist of galvanized or rust resistant steel strapping (1-1/4" wide x 0.035" thick) or cable (1/4" thick), which anchors the framing to the ground.

4.

Manufactured homes shall be skirted with skirting that has been approved by the Manufactured home industry. This Manufactured home skirting must be installed prior to occupancy.

5.

Manufactured homes shall be separated from each other by at least thirty (30') feet. Manufactured homes shall be separated from all other buildings and structures by at least (20") feet.

6.

Two (2) off-street parking spaces shall be provided for each manufactured home. Each parking space shall be at least 10' x 20' or 200 square feet.

7.

Manufactured homes may as an option be placed on a permanent foundation. When manufactured homes are placed on a permanent foundation, the tires, axles and tongue must be removed.

8.

The following inspection schedule shall be required for all manufactured homes:

a.

Inspection #1—Digging of the permanent footer (concrete runner) prior to pouring.

b.

Inspection #2—Pouring of the concrete for the permanent footer (concrete runner), the tie downs should be anchored within the permanent footer (concrete runner).

c.

**Inspection #1 and #2 must be completed prior to the manufactured home being brought onto the property.

d.

Inspection #3—The placement of the concrete block piers along with the securing of the tie downs.

e.

Inspection #4—The installation of the approved manufactured home skirting.

f.

Inspection #5—When porches and decks are completed. These must meet the B.O.C.A. Building Codes of HUD Codes.

g.

Inspection #6—The final electrical inspection by a certified electrician. Proof of this inspection must be given to the Borough.

Inspections #1-5 shall be conducted by the Borough's Zoning/Codes Enforcement Officer.

9.

All new manufactured homes shall be installed according to the Manufactured Installation Manual, which is provided by the Manufactured Home Dealer.

10.

When obtaining a Building Permit, provide the year, make, model and proof that the manufactured home meets the most current standards of the Federal and National Manufactured Home Construction and Safety Standards (HUD).

404.14

Dwelling, Multifamily.

1.

The dimensional requirements under the applicable zoning district shall apply.

2.

Developments consisting of multiple buildings shall adhere to the following regulations:

a.

The maximum length of a building shall be one hundred and seventy five (175) feet.

b.

Buildings are encouraged to be located in clusters which create common areas, rather than situated parallel to one (1) another. Where clustering is not feasible due to site conditions, there shall be no more than three (3) abutting buildings parallel to each other within the development.

c.

Staggered setback of dwelling units and a variation in facade design shall be encouraged to offer visual variety, individualism, and some private yard area. It is recommended that no more than two (2) contiguous units shall have the same facade setback within a building. Changes in setbacks shall be a minimum of four (4) feet.

d.

Buildings within the development shall be designed to provide individual dwelling units with views and direct access to required open space areas.

e.

Buildings shall be set back a minimum of fifteen (15) feet from common parking areas and shall be set back a minimum of twenty-five (25) feet from common refuse areas.

f.

Buildings must be setback a minimum of twenty-five (25) feet from property boundaries.

g.

Sidewalks shall be provided to connect dwellings with parking areas, recreational areas/open space and refuse facilities.

3.

Required parking shall adhere to those standards set forth in Table 5.3 of this Ordinance. Parking areas shall be adequately landscaped to provide shade, to screen vehicles from public streets, and to reduce glare and noise within the development. Parking lots shall be setback a minimum of twenty-five (25) feet from any right-of-way and shall be screened with landscaping. Landscaping shall be provided around the perimeter of all parking areas, except for access points and walkways.

404.15

Dwelling, Two-Family.

1.

The minimum lot area shall be 8,000 square feet.

2.

When the adjacent property is a single-family use, the side yard shall be landscaped with a three (3) -foot-high compact hedge.

3.

Each living unit shall contain two (2) parking spaces.

404.16

Financial Institution.

1.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this Ordinance.

2.

Drive-through facilities, if proposed, shall be subject to [section] 404.11 of this ordinance.

404.17

Funeral Home.

1.

The minimum site area shall be 21,780 square feet.

2.

All outdoor lighting shall be shielded and reflected away from adjacent properties.

3.

Parking areas adjoining existing residential property shall be screened by a five (5) -foot compact hedge, and/or privacy fences whose design must be approved by the Zoning Board.

4.

No crematorium facilities are permitted.

5.

The site shall have frontage on and direct vehicular access to an arterial or collector street.

6.

Traffic circulation on the lot shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjoining streets or alleys.

404.18

Gasoline Service Station.

1.

No gasoline service station shall be located within 1,000 feet of another gasoline station or lawfully existing single-family residential structure.

2.

Access driveways to the service station shall be at least 30 feet from the intersection of any public streets.

3.

Fuel pumps, air towers and water outlets may be located outside an enclosed building, provided that no portion of these facilities shall be closer than 10 feet of any property line.

4.

All automobile parts and supplies shall be stored within a building, except that automotive supplies may be displayed for sale at the fuel pump and at a distance no greater than 5 feet from the pumps.

5.

All refuse shall be stored in compliance with the International Property Maintenance Code and other applicable ordinances.

6.

Non-operable vehicle or vehicles awaiting repairs may be parked or stored on the premises, provided they do not exceed the number of available off-street parking spaces for the service station.

7.

Rental of automobiles, vans (less than 20 feet long) or utility trailers is an authorized accessory use, provided that no more than three vehicles are visible on the premises at any time.

8.

Off-street parking spaces shall be provided in accordance with Section 5-506 of this Ordinance.

404.19

Group Care Facility.

1.

Group residences are allowed as special exception uses only in the zoning districts listed in this Ordinance.

2.

The maximum number of occupants for a group residence shall be as follows:

a.

R-1 Districts: No more than 8 persons including staff.

b.

R-2, B-1 districts: No more than 12 persons including staff.

3.

In order to prevent the concentration of group residences in a neighborhood and to avoid impacting existing residences, no group residence may be located within the same block or within 2,500 feet, whichever is more, of another group residence or personal care boarding home.

4.

One off-street parking space is required for each staff member (on a peak shift), and one space per two residents where they are allowed to own and operate a motor vehicle.

5.

Minimum lot area, yard setback and structural heights shall be as prescribed in the district where the property is located, unless otherwise stated herein.

6.

If licensed or certified by a governmental agency or an agent of government, a current license/certificate from the appropriate agency(ies) is necessary for initial and continued approval. Suspension and revocation of the license/certificate shall automatically revoke the occupancy permit and the conditional or special exception use approval.

7.

The facility must comply with any and all applicable building, fire, health and/or safety codes.

8.

Signs for the group residence shall comply with applicable provisions of Section 5-505, Signs, of this Ordinance.

9.

Change of ownership or sponsorship or of any other condition contained in the original approval of the group residence shall constitute a new use, and the procedure for obtaining special exception use approval of a new facility shall be executed.

10.

The owner or sponsor shall file with the UCC Enforcement Officer on June 1st of each year following the original approval information indicating that the facility continues to satisfy the conditions of original approval. If the facility is shown to be operating in compliance with the terms of the original approval, then the Zoning Officer shall renew the certificate of occupancy for another year. If the information indicates that there is any change in operation, or any complaint has been lodged against the facility, the Zoning Officer shall forward the information to the Zoning Hearing Board who shall decide the renewal of the approval and certificate of occupancy.

404.20

Home Occupation.

1.

A zoning certificate is required for a home occupation. However, all such uses shall operate in accordance with the provisions of this Ordinance and are subject to inspection by the Zoning Officer in order to verify complaints.

2.

There shall be no exterior evidence of such uses other than a small sign placed in accordance with Section 5-505 of this Ordinance.

3.

There shall be no retail sales directly to customers on the premises.

4.

No more than fifty percent (50%) of the total floor area of the principal dwelling shall be devoted to the conduct of the home occupation.

5.

There shall be no exterior display of goods or interim display visible from the outside.

6.

Exterior lighting shall be residential in style, size, location and intensity.

7.

Storage of materials or products directly associated with the home occupation shall not be stored outside the dwelling.

8.

The home occupation shall be carried on by a maximum of two individuals, one of whom must reside in the dwelling unit.

9.

Articles produced on the premises shall be sold off the premises only.

10.

There shall be no greater traffic volume generated by such home occupation than would normally be expected in the residential area in which it is located.

11.

No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectible to normal senses off the property.

12.

No equipment or processes shall be used which creates visual or audible interference in any radio or television off the premises or causes fluctuations in line voltage off the premises.

13.

The hours of public operation shall be determined by the Zoning Hearing Board to be consistent with the character of the neighborhood where the home occupation is located.

14.

The use shall not cause a negative impact on property values in the neighborhood.

15.

The use shall not require internal or external alterations to the existing structure.

16.

Commercial vehicles shall not be parked on the premises.

17.

The following uses shall not be considered home occupations and shall be restricted to the districts in which they are specifically-identified: beauty shops/barber shops, clinics, kennels, mortuaries, private club, tea rooms, stables, bed and breakfast, vehicle repair garage.

18.

If the dwelling unit is a rental, permission for the home occupation must be obtained from the property owner.

404.21

Hotel/Motel.

1.

If the hotel/motel includes eating and drinking facilities to serve both overnight guests of the hotel and the general public, then it must provide off-street parking for such facilities in accordance with the provisions of Section 5-506 of this Ordinance.

2.

Areas not occupied with buildings and parking areas shall be completely landscaped and planted with lawns, ornamental trees and shrubs.

3.

No buildings shall be set closer than 45 feet to the front, side and rear lot lines.

4.

There shall be not less than 1,000 square feet of lot area for each sleeping unit. The minimum lot area for a hotel/motel shall be one acre.

5.

Sleeping units shall contain a bedroom and bath and have a floor area of not less than 250 square feet.

6.

If the lot upon which a hotel/motel is erected abuts a residential district, it shall be screened by well-maintained landscaping not less than 6 feet nor more than 10 feet high or an ornamental fence within the same height limitations, the ratio of the solid portion to the open portion of which shall not exceed three to one (3:1).

7.

The facility shall have access from a public street of sufficient size and capacity to accommodate the projected traffic. If any road improvements or traffic signals are required to an existing public road, as a result of the proposed hotel, the hotel owner or developer shall bear the cost of any such improvements.

404.22

Kennel.

1.

The kennel shall be constructed on a lot greater than or equal to ten (10) acres and shall be licensed under the Dog Law Act of 1982, P.L. 784-255 [Dog Law (3 P.S. § 459-101 et seq.)].

2.

Any exterior fenced area wherein animals exercise or are otherwise exposed must be located a minimum of one hundred fifty (150) feet from any principal structure on adjacent lots and all outdoor exercise areas shall be located at least fifty (50) feet from any property line.

3.

The perimeter of the exterior exercise area must be fenced with a weatherproof material, a minimum of five (5) feet in height, accessible only through a self-latching gate.

4.

Animals shall be permitted to exercise within the exercise areas daily between the hours of 8[:00] a.m. and 8:00 p.m.

5.

Any structure used to house animals shall be equipped with code-approved nontoxic noise-dampening material or acoustic tile.

6.

Odors and noise causing annoyance or discomfort to the public outside of the lot on which the kennel is located shall not be permitted.

7.

The applicant shall furnish evidence of effective means of animal waste collection and disposal which shall be continuously implemented.

8.

The landowner and/or developer shall comply with any additional standards, as defined by the Zoning Hearing Board, that are needed to protect public health, safety and welfare or to address unique characteristics of a site.

404.23

Laundromat.

1.

All laundromat establishments shall follow the rules and regulations imposed by the Pennsylvania Dry Cleaning Law (No. 1990-214) [now repealed].

2.

All materials and equipment shall be stored within a completely enclosed building.

3.

The manufacture of hazardous or potentially hazardous materials shall not be permitted.

404.24

Light Industrial.

1.

This use is not permitted if there exists an existing residential use within two hundred (200) feet of the property line of the industrial use.

2.

A decorative shrub and/or fence is required around the entire perimeter of the property. Additional landscape features may be required as per the Zoning Board's recommendations.

3.

Only visitor parking is permitted in the front yard area.

4.

All outdoor lighting shall be shielded and reflected away from adjacent properties.

404.25

Manufactured Home Parks.

1.

Refer to the Greene County Subdivision and Land Development Ordinance for requirements regarding Manufactured Home Parks.

404.26

Medical Marijuana Dispensary.

1.

Any facility dispensing medical marijuana must be legally registered in the Commonwealth and possess a current valid medical marijuana permit from the DOH. Such a facility 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.

2.

Any proposed methadone or suboxone treatment facility shall include with its submission of a zoning permit application a development narrative that accurately describes the nature of medical services to be provided and the names of the medical practitioners providing said services. A licensed physician shall be on duty at this type of facility during its hours of operation.

3.

A clinic that dispenses medical marijuana may not operate on the same site as a facility used for growing and processing medical marijuana.

4.

Clinics shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of controlled substance and unauthorized entrance into areas where they are stored.

5.

A clinic that dispenses medical marijuana 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 twenty-five (25) percent of the gross floor area.

6.

A clinic that dispenses medical marijuana shall:

a.

Not have a drive-through service;

b.

Not have outdoor seating areas;

c.

Not have outdoor vending machines;

d.

Prohibit the administering of, or the consumption of medical marijuana on the premises; and

e.

Not offer direct or home delivery service.

7.

A clinic may dispense controlled substances only to certified patients and caregivers and shall comply with all lawful, applicable health regulations.

8.

A clinic that dispenses medical marijuana shall 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.

9.

A clinic that dispenses medical marijuana shall be a minimum distance of 1,000 feet from the next nearest clinic. 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 and the specific dispensary they serve, or with which they partner.

10.

Any clinic 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 facility.

11.

A buffer planting is required where a clinic adjoins a residential use or district.

404.27

Medical Marijuana Growing and Processing.

1.

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 Pennsylvania Department of Health (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.

2.

The maximum floor area of a medical marijuana processing facility 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.

3.

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.

4.

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.

5.

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.

6.

Grower/processors may not locate within 1,000 feet of the property line of a public, private, or parochial school or day care facility.

7.

A buffer planting is required where a medical marijuana grower/processor adjoins a residential use or district.

404.28

Mobile Home.

1.

Mobile Homes are no longer permitted to be established anywhere in the Borough.

404.29

Multifamily Dwellings Accessory to Existing Commercial Structure.

1.

One off-street parking space per dwelling unit must be provided. No off-street parking shall be permitted in a front yard; parking may be provided in a side or rear yard, provided it is visually screened from the street and adjacent properties as determined by the Zoning Hearing Board.

2.

No individual dwelling unit shall contain less than 700 square feet of floor area and shall include kitchen and bath facilities.

3.

All units shall comply with applicable requirements of the Municipal building code and Pennsylvania Labor and Industry regulations.

4.

All such dwelling units shall be located on the second floor or above; no dwelling unit, unless it is occupied by the owner of the building, shall be located on the third floor of a wood frame building.

404.30

Nursery/Greenhouse.

1.

The raising, of plants, trees, flowers, and shrubs shall be clearly the primary use of the property.

2.

Impervious surface coverage shall not exceed 60%.

3.

No greenhouse shall be located closer than 100 feet to the nearest property line.

4.

Hours of operation are limited to 5:30 a.m. until 12:00 midnight.

404.31

Nursing Home, Institutional Facility.

1.

The minimum lot area for a nursing home shall be 1,500 square feet per resident.

2.

The facility shall be duly licensed by the Commonwealth and shall operate in accordance with the regulations of the licensing agency.

3.

The facility shall provide off street parking and loading spaces as required in section 5-506 of this Ordinance.

4.

The facility shall have its principal traffic access from a public street with sufficient capacity to handle the traffic generated by the use. An analysis of peak hour traffic and impact on surrounding streets and intersections and methods to alleviate any potential problems may be required.

5.

Ambulance, delivery and service areas shall be obscured from the view of all residential properties by fencing, screening or planting as approved by the Municipality.

6.

Buffer areas may be required alongside and rear yard where necessary to provide visual and audible privacy for the nursing home and/or adjacent uses. A landscaped area, at least 10 feet in depth shall be provided along the entire front property line except for approved entrances as determined by the Zoning Hearing Board.

404.32

Parking Lot.

1.

All parking surfaces must be paved with a bituminous or concrete as specified by the Zoning Hearing Board.

2.

All off-street parking shall be located at least ten (10) feet from all property lines and be screened by a four (4) -foot-high compact hedge, privacy fence or other landscape feature as may be required by the Zoning Hearing Board.

3.

Outdoor lighting shall be shielded and reflected away from adjoining streets or properties.

4.

Parking areas shall be designed so as to prevent surface water from draining on to adjacent properties and public streets.

5.

Parking areas for ten (10) or more cars shall be interspersed with land forms and other appropriate landscape or planted areas as determined by the Zoning Hearing Board.

404.33

Personal Care Home.

1.

A full or provisional license from the Commonwealth is necessary for initial and continued approval. Suspension of the license automatically revokes the occupancy permit and special exception approval.

2.

Change of ownership, sponsorship or any other condition contained in the original approval of the home shall constitute a new use, and the procedure for obtaining a special exception use approval of a new facility shall be executed.

3.

No personal care home shall be located within 2,000 feet of another personal care home or group residence.

4.

The facility shall comply with local, county and state building, fire, health, or safety codes.

5.

One off-street parking space shall be provided for each staff member, operator or employee, plus one for each four residents in the home.

6.

Signs for the personal care home shall comply with applicable provisions of Section 5-507, Signs, of this Ordinance.

7.

The maximum number occupants for a personal care home shall be:

a.

R-2 and R-3 Districts—15 persons.

b.

B-1 and U-1 Districts—20 persons.

8.

The owner or sponsor shall file with the Zoning Officer on June 1st of each year following the original approval information indicating that the facility continues to satisfy the conditions of original approval. If the facility is shown to be operating in compliance with the terms of the original approval, then the Zoning Officer shall renew the certificate of occupancy for another year. If the information indicates that there is any change in operation, or any complaint has been lodged against the facility, the Zoning Officer shall forward the information to the Zoning Hearing Board who shall decide the renewal of the approval and certificate of occupancy.

404.34

Place of Worship.

1.

If a residential facility (e.g., a convent, monastery) is part of the complex within a R-1, R-2, district, it shall not house more than ten persons.

2.

The place of worship shall have direct access to a public street of sufficient capacity to handle the traffic generated by the proposed use.

3.

The facility shall provide the necessary off-street parking in accordance with section 5-506 of this Ordinance.

404.35

Printing and Publishing Establishment.

1.

All activities shall take place indoors.

2.

The facility shall be so designed and so constructed that there shall be no danger to the health, safety or welfare of residents or persons on adjoining properties.

3.

All ventilation systems shall be so designed that any smoke, fumes or odors shall not be directed towards abutting properties.

4.

On-site pickup shall be limited to the hours of 7:00 a.m. to 7:00 p.m.

404.36

Private Club.

[1.]5.

The clubhouse shall be located at least one hundred (100) feet from any property line adjoining any residential property.

[2.]6.

Operations shall be discontinued between the hours of 2:00 a.m. and 8:00 a.m.

[3.]7.

Swimming pools shall conform to section 5-505 of this Ordinance.

[4.]8.

Where eating and/or drinking facilities are provided, parking requirements for restaurants shall apply in addition to the parking requirements for private clubs.

404.37

Public Parking Garage.

1.

A parking study shall be required that proves to the satisfaction of the Borough that a parking structure is necessary to provide adequate parking to support the businesses in the immediate neighborhood. The person who conducted the parking study shall be present at the conditional use hearing to testify that the study is accurate.

2.

Pedestrian walkways shall be provided to connect the parking areas to the public right-of-way.

3.

Adequate lighting shall be provided for all parking areas and pedestrian walkways.

404.38

Public Use or Building.

1.

Ingress and egress for police and fire stations shall be located so as to maximize sight distance along adjacent public streets.

2.

Fire and police stations shall be located so that vehicles and equipment can be maneuvered without interrupting traffic flow or blocking public streets.

3.

Outside storage of materials is not permitted.

4.

Outdoor lighting shall be shielded and reflected away from adjoining streets or properties.

5.

Outdoor play areas shall be enclosed by a six (6) -foot security fence and shall be screened by a six (6) -foot compact hedge along all property lines which adjoin single-family dwellings.

6.

All off-street parking shall be located at least fifteen (15) feet from any property line which adjoins residential property and be screened by a four (4) -foot-high compact hedge or privacy fence.

404.39

Radio, Television or Satellite Dish Antenna.

1.

Radio or Television Antenna.

a.

A radio or television antenna structure is a permissible accessory structure in any zoning district subject to the requirements of this section.

b.

Such structure may be mounted on a roof or installed in a rear yard only, provided that no ground level structure shall be located within 10 feet on any property line.

c.

The maximum height for such structure shall not exceed by more than 20 feet the otherwise allowable height in the zoning district in which the antenna is located. If placed on a roof, any antenna exceeding 8 feet in height shall be mounted with guide wires.

d.

Any such structure shall comply with applicable Greene County airport zoning and federal regulations.

e.

Radio or television antenna structures located on the ground shall be screened from adjacent properties by evergreen trees or other suitable materials, as approved by the Planning Commission.

2.

Satellite Dish Antenna.

a.

A satellite dish antenna is a permissible accessory structure in any zoning district subject to the requirements of this section.

b.

Such antenna may be installed in a rear yard only, provided that no such structure shall be located within 15 feet of any property line.

c.

When installed on the ground, the maximum height of a satellite dish antenna shall not exceed 14 feet when positioned vertically and shall have a maximum diameter of 10 feet.

d.

A satellite dish antenna may be roof mounted in B-1 and M-1 districts, provided that the maximum height shall not exceed fifteen (15) feet above the roof line, when positioned vertically and the maximum diameter shall not exceed twelve (12) feet.

e.

When installed on the ground, the satellite dish antenna shall be screened from adjacent properties by evergreen trees or other suitable materials. The Municipality shall not require screening which obstructs the line of sight to the transmitting satellite.

3.

Exceptions to Requirements.

a.

Any applicant may apply to the Zoning Hearing Board for a special exception regarding the height, size or placement of a radio, television, or satellite dish antenna when it can be demonstrated that the requirements of this section effectively preclude reception. Should the Zoning Hearing Board require expert technical assistance in making such determination, the cost of such assistance shall be borne by the applicant.

404.40

Restaurant.

1.

The hours of operation, for indoor facilities, shall be limited to between 5:30 a.m. and 2:00 a.m. of the next day, prevailing time.

2.

Buildings shall be limited as follows:

a.

The total floor area, exclusive of any basement used solely for storage, shall not exceed 10,000 square feet.

b.

The preparation, serving and consumption of food and beverages shall be restricted to the inside of the building. However, the serving and consumption, but not preparation, of food and beverages may be permitted in a designated outdoor area.

c.

Any designated outdoor area for service and consumption of food and beverages shall strictly comply with the following requirements:

i.

The use of any outdoor dining area shall be limited to the regular business hours of the restaurant.

ii.

Lighting devices for the outdoor dining area shall not in any way produce objectionable, direct or reflected glare on any adjoining property or thoroughfare and, where necessary, appropriate full shielding of the lighting devices servicing the outdoor dining area may be required to achieve this goal.

iii.

Any outdoor dining area shall be located to comply with any and all regulations regarding rear and side yard requirements set forth in the zoning district in which the principal use is located.

iv.

All outdoor dining areas must meet the minimal accessibility requirements of the applicable building code.

v.

An outdoor dining area shall only be located at the floor level of the primary dining area of the principal restaurant to which it is affiliated, but in no event shall any outdoor dining area be located a distance greater than eight feet above grade.

404.41

Retail Store.

1.

Architectural style shall be coordinated to create visual cohesiveness. Within the development collectively constituting the large retail establishment, all buildings, the principal structure, accessory structures, canopies, parking lots and other open spaces as well as signs shall be of a unified design.

2.

Facades greater than one hundred (100) feet in length shall incorporate wall plan projections or recesses having a depth of at least three percent of the length of the facade and extending at least twenty (20) percent of the length of the facade. No uninterrupted length of any facade shall exceed one hundred (100) horizontal feet.

3.

Establishments furnishing shopping carts shall provide defined areas on the site for the storage of such carts that shall be clearly marked and designed for such use.

4.

Trash receptacles for patron use shall be provided outside of any establishment with take-out service or convenience shopping.

5.

All waste disposal storage areas shall be located in the rear of the building in compliance with the setback requirements of the applicable zoning district and shall be screened.

404.42

Salvage Yards.

1.

The minimum lot area for a salvage yard shall be two acres. All structures for the salvage yard shall comply with the applicable provisions of the zoning district in which it is located.

2.

There shall be no exterior storage of any materials or equipment within 25 feet of any front lot line or within 15 feet of any side or rear lot line.

3.

The entire perimeter of the salvage yard shall be fenced with a solid fence, a planted screen, or a combination of both, 8 feet in height, which complies with the provisions of section 5-504 of this Ordinance. The owner or operator of the salvage yard shall be responsible for maintaining the fence or screen in good repair and condition.

4.

A lot shall be deemed a salvage yard if two or more motor vehicles not having valid state inspection stickers are deposited or stored on the lot; or when two or more wrecked vehicles (or the major parts of two or more vehicles) are deposited or stored on a lot, other than that of a duly authorized vehicular repair garage complying, with the parking/storage requirements of section 404.14.4.

404.43

School (includes public or private, elementary or secondary).

1.

Minimum lot area—20,000 square feet.

2.

No outdoor play areas or facilities shall be within 15 feet of a residential lot line.

3.

The use shall not include a dormitory unless specifically permitted in that District.

404.44

Self Service Storage Units.

1.

Storage shall be within a completed enclosed building or buildings.

2.

A minimum spacing of twenty-five (25) feet between the buildings for traffic circulation, parking and fire lane purposes.

3.

All outside lighting shall be directed away from adjacent properties.

404.45

Shopping Centers.

1.

A shopping center shall only contain those uses authorized in the zoning district in which the center is located.

2.

A shopping center shall provide all off-street parking on the same lot as the center according to the following:

404.45

Solar Energy System (Small).

1.

All solar energy equipment shall be located on the parcel or plot of land of record in which the principal use is located, with the exception that power lines or any related equipment to the solar energy system may be located on an adjoining parcel or plot of land of record provided it will comply with all applicable virtual net metering laws of the public utility provider.

2.

Power generated by the solar energy system shall provide power only for the principal use in which it services; any excess power generated by the solar energy system shall only be sold or acquired by a public utility in accordance with law or other governmental regulations.

3.

All mechanical equipment associated with and necessary for the operation of the solar energy system, which is ground-mounted, including any structure for batteries or storage cells, shall be enclosed within a six-foot-high fence or evergreen plantings of equal height. Evergreen plantings shall be of a type that is to be approved by the Township. The fence shall be made of wood, masonry, durable plastic or other decorative material approved by the municipality. Chain link fences shall not be permitted unless they are fully screened from view by evergreen plantings.

4.

Solar Access Easements. A Solar Energy System shall be located to ensure solar access without reliance on adjacent properties. Where any applicant desires to ensure that solar access to a Solar Energy System shall not be obstructed over time by permissible uses or activities on any adjacent property (i.e., by planting or growth of vegetation, new construction, etc.), it shall be the responsibility of the owner of the Solar Energy System to obtain appropriate solar access easement(s) from neighboring property owner(s). All solar access easements shall be recorded in the office of the Washington County Recorder of Deeds.

5.

Solar collectors shall be installed so as to prevent glare or concentrated solar radiation as may otherwise be directed onto other properties or onto roadways such that a nuisance situation is created. Antireflective surface materials or coatings shall be used to preclude glare to the extent feasible. Should any glare or concentrated solar radiation prove to be visible beyond the property line at any time subsequent to the installation of the system such that, in the opinion of the Zoning Officer, a nuisance situation or safety hazard arises for another property owner or the traveling public, the Township may, at its discretion, require mitigating action or the removal of the system or portion thereof generating the glare or reflected solar radiation. Should any mitigation or removal deemed necessary by the Township fail to be dealt with in accordance with the Township's determination within six months of notification of the landowner, the Township may implement such mitigation or removal as it deems necessary, cost therefore to be reimbursed within 90 days and, if not, a commensurate lien shall be placed upon the property.

6.

The solar energy system shall be kept in good repair and sound condition. Upon abandonment of the use, the solar panels and any related structures and equipment shall be dismantled and removed from the lot within 60 days.

7.

Ground-Mounted Systems.

a.

No part of a ground-mounted solar energy system shall be located any closer than 15 feet from any side or rear property lines. No part of a ground-mounted solar energy system shall be located between the principal structure on the property and the public street right-of-way; notwithstanding the aforesaid requirement.

b.

Ground-mounted solar energy systems shall not be placed within any legal easement or right-of-way location, or be placed within any storm water conveyance system or in any other manner that would alter or impede storm water runoff from collecting in a constructed storm water conveyance system.

c.

Ground-mounted solar energy systems shall not be placed in a manner that would cause a violation of any other section of the zoning ordinance, such as minimum parking requirements, required buffer yards or other landscaping requirements, maximum impervious coverage limitations or any other applicable standards.

d.

Ground-mounted panels of a solar energy system shall be counted toward a given property maximum impervious coverage requirements unless the applicant can demonstrate that storm water will infiltrate into the ground beneath the solar panels at a rate equal to that of the infiltration rate prior to placement of the panels.

e.

Ground-mounted solar energy systems shall not exceed a height of 20 feet.

8.

Roof-Mounted Systems.

a.

Roof-mounted solar energy systems shall not extend beyond the peak elevation of the top of the roof on which the panels are to be constructed.

b.

If the solar panels are to be constructed on a flat roof, no part of the solar energy system shall exceed beyond the maximum height requirements for the zoning district in which the building is located.

c.

Roof-mounted solar energy systems shall not be counted as adding to any impervious coverage calculation.

404.46

Swimming Pools (Residential).

1.

Placement. As an accessory structure, a pool and accessory deck area shall be erected only in a rear yard provided it is no closer than 5 feet of any lot line, or the distance of the required side yard for the zoning district in which it is located, whichever is greater.

2.

Fencing.

a.

In-ground pools, in all zoning districts, shall be enclosed by a fence, constituting a barrier to small children, at least 4 feet in height and equipped with a gate and lock. Fencing for a pool shall comply with the applicable requirements of Section 5-504 of this Ordinance.

b.

Above-ground pools in all zoning districts having vertical walls 4 feet or more above ground level and removable steps are not required to be fenced, but the owner shall remove the steps when the pool is not in use to prevent access by small children.

404.47

Vehicular Repair Garages.

1.

All repair services shall be conducted within an enclosed building which complies with state and Municipality's regulations for such uses.

2.

All automotive parts and supplies shall be stored within an enclosed building.

3.

All debris, used parts and other refuse must be stored in compliance with the International Property Maintenance Code and other applicable ordinances and in such a manner that it is not visible from adjacent properties or a public street.

4.

No vehicle shall be parked stored on a public right-of-way or property at any time. No more than four vehicles awaiting repairs shall be parked or stored outdoors at any one time. All others must be stored within a building or totally screened from view by a solid fence.

5.

Off street parking spaces shall be provided in accordance with Section 5-506 of this Ordinance.

6.

If a vehicular repair garage includes gasoline and/or other petroleum sales, all requirements for a gasoline service station shall be met.

7.

No vehicular repair garage may be located within 1,000 feet of another vehicular repair garage.

404.48

Vehicular Sales and/or Services.

1.

The business shall include a permanent building on site for offices, display and/or repair. A trailer shall not meet this re-requirement.

2.

Areas for vehicular display and customer parking shall be paved or otherwise improved and shall maintain at least a five-foot landscaped setback from all property lines.

3.

If a gasoline service station is an accessory use, all conditions required herein for said use shall be met.

4.

If a vehicular repair garage is an accessory use, all conditions required herein for said use shall be met.

5.

No strings of lights, flags, flashers or any other display paraphernalia shall be permitted. Lighting from spot or flood lights shall be oriented away from adjacent highways and properties.

6.

No vehicle shall be displayed or offered for sale outdoors which does not have all mechanical and body components necessary for safe and lawful operation in this state.

404.49

Veterinary Office (Clinic or Hospital).

1.

If the property operates a kennel, it shall be constructed on a lot greater than or equal to ten (10) acres and shall be licensed under the Dog Law Act of 1982, P.L. 784-255 [Dog Law (3 P.S. § 459-101 et seq.)].

2.

Any exterior fenced area wherein animals exercise or are otherwise exposed must be located a minimum of one hundred fifty (150) feet from any principal structure on adjacent lots and all outdoor exercise areas shall be located at least fifty (50) feet from any property line.

3.

The perimeter of the exterior exercise area must be fenced with a weatherproof material, a minimum of five (5) feet in height, accessible only through a self-latching gate.

4.

Animals shall be permitted to exercise within the exercise areas daily between the hours of 8[:00] a.m. and 8[:00] p.m.

5.

Any structure used to house animals shall be equipped with code-approved nontoxic noise-dampening material or acoustic tile.

6.

Odors and noise causing annoyance or discomfort to the public outside of the lot on which the kennel is located shall not be permitted.

7.

The applicant shall furnish evidence of effective means of animal waste collection and disposal which shall be continuously implemented.

8.

The landowner and/or developer shall comply with any additional standards, as defined by the Zoning Hearing Board, that are needed to protect public health, safety and welfare or to address unique characteristics of a site.

404.50

Wholesale, Warehousing Businesses Handling Hazardous or Toxic Substances.

1.

The property shall have direct access to a public street with sufficient capacity to handle the amount and type traffic generated by the proposed use.

2.

Access driveways shall be adequate design to accommodate anticipated truck traffic safely without causing congestion on public streets.

3.

The facility shall comply with all applicable federal, state, county and local laws and regulations regarding the handling of hazardous or toxic substances, where applicable.

4.

A written description of all materials stored or distributed by the proposed facility shall be submitted with the application. The Borough and the County Fire Marshall be notified of the types of substances typically stored or transported at the facility. This information shall be updated every six months and resubmitted to all parties; failure to do so may result in the certificate of occupancy being revoked.

404.51

Wind Energy System (Small).

1.

The turbine shall be located on the same parcel or plot of land of record in which the principal use is located, with the exception that, power lines or related equipment may be located on a neighboring parcel or plot of land of record provided it will comply with all applicable virtual net metering laws of the public utility provider.

2.

The height of the turbine shall include the tower and the rotor at its point where a blade is directly perpendicular to the ground. The maximum height of the turbine shall be 60 feet from the finished grade.

3.

Turbines must meet the setback requirements for accessory structures for the underlying zoning district. In addition, turbines shall be set back a horizontal distance equal to their height from any property line or residential dwelling, excluding any dwelling on the lot on which the turbine is located. No turbine shall be located between the principal structure on the property and the public street right-of-way. Additionally, all turbines must be set back sufficiently from any above-ground utility lines, radio, television, or telecommunication towers so as to present no danger to those lines or structures, as certified by the applicant's engineer. No portion of any accessory turbine shall extend over parking areas, access drives, driveways or sidewalks.

4.

The minimum clearance between the lowest arc of the turbine blades and the ground shall be 15 feet. If the turbine model that is proposed is a vertical axis wind turbine (also referred to as a helix-type windmill or VAT), the height between the lowest point of the turbine and the ground may be reduced to eight feet.

5.

If guy wire anchors are required, they shall be set back a minimum of 10 feet from any side and rear property lines.

6.

All electric and utility lines associated with the turbine shall be buried underground.

7.

All mechanical equipment associated with and necessary for the operation of the turbine, including any structure for batteries or storage cells, shall be screened from view with an enclosed six-foot-high fence or evergreen plantings of equal height. The evergreen plantings shall be of a type approved by the municipality and shall be planted to provide a full screen of the mechanical equipment. No noxious trees, plants or weeds shall be permitted to fulfill the screening requirements. The turbine tower shall also be enclosed within a six-foot-high fence unless the base of the turbine tower is not climbable for a distance of 12 feet. Any required fencing shall be made of wood, masonry, durable plastic or other decorative material approved by the Township. Chain link fences shall not be permitted unless they are fully screened from view by evergreen plantings of equal or greater height than the fence.

8.

The turbine shall not generate noise which exceeds 60 decibels at any property line.

9.

The turbine shall be kept in good repair and sound condition. Upon abandonment of use, the turbine and all related structures shall be dismantled and removed from the lot within 60 days.

10.

The collocation of wireless communication antennas on a turbine tower shall not be permitted.

11.

Power generated by the turbine shall provide power only for the principal use in which it services; any excess power generated by the turbine shall only be sold or acquired by a public utility in accordance with law or other governmental regulations.

12.

The installation of the turbine shall meet all applicable requirements of the Uniform Construction Code.

13.

No signage or advertising of any kind shall be utilized or attached to the turbine. This requirement shall not include the make and model description of the turbine, manufacturers required hangtags or warning signs or other signage that is required by law.

14.

No lighting, unless required by any FAA requirements, shall be utilized or attached to the turbine.

15.

Turbines shall be a neutral, nonobtrusive color such as white, off-white, gray, brown, black or other approved earth tone shade, unless a specific color or color pattern is required by the FAA or other regulatory agency.

404.52

Wireless Communications Facilities (WCF).

1.

Design, Construction and Operations.

a.

All WCFs shall be sited, designed, constructed, operated, inspected maintained, repaired, modified, removed and Replaced in strict compliance with all current applicable federal and state technical and safety codes.

b.

All WCFs shall be operated in accordance with all applicable FCC rules regarding interference with public safety communications or the reception of broadband, television, radio or other communications services.

c.

Collocation. All Tower-Based WCFs where the Tower is more than 40 feet in height, located outside of the Right-of-Way, shall be designed to accommodate both the applicant's Antennas and comparable Antennas for future users. As a condition of approval for all Tower-Based WCFs where the Tower is more than 40' in height, the applicant shall agree to allow other service providers to collocate Antennas on the Tower where technically and economically feasible.

d.

Signage. All WCFs shall include a posted sign at the location. Such signage shall include the ownership, contact name and phone number in the event of an emergency and Federal Communications Commission (FCC) registration number (if applicable). Such signage shall not include commercial advertising and is subject to approval by the municipality.

e.

Lighting. Towers shall not be artificially lighted beyond what is required by law.

f.

Noise. All WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards established by the municipality. The use of a backup generator in emergency situations and periodic maintenance and testing by the wireless communications provider's technicians shall be permitted, where such noise standards may be exceeded on a temporary basis.

g.

Vehicular Access.

i)

An access driveway and one off-street parking space shall be provided to ensure adequate emergency and service access to all Tower-Based WCFs located outside of the Right-of-Way.

ii)

Maximum use of existing roads, whether public or private, shall be made to the extent practicable.

iii)

Where possible, access driveway construction shall at all times minimize ground disturbance and the cutting of vegetation.

iv)

Access driveway grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion.

v)

An applicant shall present documentation to the Borough that the property owner has granted an access easement for the proposed WCF, if located on a lot or property.

vi)

Any required access easement shall be a minimum of 20 feet in width and the access driveway shall be improved with a dust-free, all weather surface, including gravel, to a width of at least 10 feet throughout its entire length.

vii)

Vehicular access to all WCFs shall not interfere with the parking or vehicular circulations for a principal use, if located on the lot or property. However, where appropriate and available, existing parking for the principal or other uses on the lot or property may be utilized.

h.

Fencing. A security fence, which may include barbed wire, with a minimum height of eight (8') feet may be required to surround any Tower-Based WCF located outside the Right-of-Way, where the Tower is more than 40 feet in height, including guy wires, associated equipment, and buildings. The requirement for a security fence may be waived by the Borough when the fence would not be appropriate or feasible.

i.

Safety in Rights-of-Way.

i)

Schedule of operations. The Borough shall determine the time, place and manner of siting, design, construction, maintenance, repair, Modification, removal and/or Replacement of all WCFs located in the Right-of-Way, based on public safety, traffic management, physical burden on the Right-of-Way and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.

ii)

Alteration of a WCF. Within 60 days following written notice from the Borough, or such longer period as the municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF located in the Right-of-Way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under any one of the following circumstances:

a)

The construction, repair, maintenance or installation of any municipal or other public improvement located in the Right-of-Way.

b)

The operations of the Borough or other governmental entity in the Right-of-Way.

c)

Vacation of a street or road or the release of a utility easement.

d)

An emergency as determined by the Borough.

e)

No permit is required for such removal, relocation, change or alteration ordered by the Borough.

iii)

Visual obstruction. All WCFs and Accessory Equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the Right-of-Way as determined by the Borough. In no case shall ground-mounted equipment, walls, screening or landscaping be located within (18) inches of the face of the curb, or in an area in which there are no curbs, within (3) feet of the edge of cartway.

j.

Maintenance. An applicant for a WCF shall describe anticipated maintenance needs, including frequency of service, personnel needs and equipment needs, and the traffic, safety and noise impacts of such maintenance.

k.

Soil report. An applicant for a Tower-Based WCF where the new Tower is more than 40 feet in height, shall submit a soil report complying with the standards of geotechnical investigations, ANSI/EIA-222-G, as amended, shall be submitted to the Borough Engineer prior to construction to document and verify the design specifications of the foundation for the Wireless Support Structure and anchors for the guy wires, if used.

l.

Aviation safety. All WCFs shall comply with federal and state laws and regulations concerning aviation safety.

m.

Inspections for all WCFs where the new Tower is more than 40 feet in height.

i)

A copy of any required inspection report shall be provided to the Borough following the inspection. Any repairs advised by report shall be completed by the WCF owner within 60 calendar days after the report is filed with the Borough.

n.

Equipment Storage. The storage of unused equipment or supplies is prohibited on any WCF site.

2.

Aesthetics, Landscaping and Screening.

a.

Stealth Technology. All WCFs shall employ the most current Stealth Technology available, where appropriate, in an effort to appropriately blend the proposed WCF into the surrounding environment and minimize aesthetic impact. Equipment buildings and cabinets shall be designed to blend into the environment in which they are situated, to the extent practicable.

b.

Landscaping and Screening. An applicant for Tower-Based WCF where the new Tower is more than 40 feet in height, located outside of the Right-of-Way, shall submit a landscaping and screening design including the following:

i)

The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF support structure shall be preserved to the extent practicable.

ii)

Ground mounted equipment may be screened from public view using an evergreen screen, artificial screen, or fencing, as directed by the Borough.

3.

Replacement, Collocation, or Modification.

a.

Notwithstanding the requirements for all Tower-Based WCFs and WCFs on Existing Structures, as set forth in this subsection, an application for Replacement, Collocation or Modification of a previously approved Wireless Support Structure or WCF shall be reviewed for conformance with the Borough building permit requirements, including requirements applicable to the added structural loading of the proposed Antennas and Accessory Equipment. These previously approved facilities shall not be subject to the issuance of new zoning or land use approvals, provided that there is no Substantial Change.

b.

Replacement of WCFs on existing Wireless Support Structures or within existing Equipment Compounds may be performed by the applicant without obtaining building or zoning permits from the Borough.

c.

Any Substantial Change to an existing Tower-Based WCF shall require approval of the Borough in accordance with the terms of this Section.

d.

Mounting. An applicant proposing a WCF on Existing Structure to be mounted on a building or any other structure shall submit detailed construction and elevation drawings indicating how the WCF on Existing Structure will be mounted on the existing structure for review by the Borough building code official for compliance with the building code.

4.

Permit Requirements.

a.

Collocation Analysis. An application for a new Tower-Based WCF where the new Tower is more than 40 feet in height and located outside of the Right-of-Way, shall not be approved unless the applicant demonstrates that the Wireless communications equipment planned for the proposed Tower-Based WCF cannot be collocated on an existing structure or building within a [1/4 or 1/2] -mile radius of the proposed Tower-Based WCF location to achieve the coverage or capacity objectives of the applicant.

b.

Gap in Coverage or Lack of Adequate Capacity. An applicant for a Tower-Based WCF where the new Tower that is more than 40 feet in height, located outside of the Right-of-Way, must demonstrate that a significant gap in Wireless coverage exists or lack of adequate capacity is likely to exist within one (1) year of the filing of its application with respect to the applicant in the area.

c.

Authorization. An applicant for a WCF shall submit a copy of the lease or other form of written authorization with the property owner confirming that the applicant has standing to file the application and maintain the proposed WCF on the subject lot or property.

d.

Licensing and applicable regulations. If the applicant is a commercial wireless communications provider, it must demonstrate that it is licensed by the Federal Communications Commission (FCC) and submit with its application copies of all FCC permits and licenses.

e.

Emissions. The applicant shall demonstrate that the proposed WCF will comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic emissions.

f.

Insurance. The applicant shall provide a certificate of insurance issued to the owner/operators of the WCF, evidencing that there is or will be adequate current liability insurance in effect.

g.

Review Timeframes. Review timeframes are noted in Table 4.1.

Table 4.1. WCF Review Timeframes

^* The time period may be tolled by mutual agreement or in cases where the Municipality informs the applicant in a timely manner that the application is incomplete. If an application is considered incomplete, the time period begins running again as soon as the applicant makes a supplemental submission, but may be tolled again if the Municipality provides written notice to the applicant within 10 days that the application remains incomplete and specifically delineates which of the deficiencies specified in the original notice of incompleteness have not been addressed.
^** The Municipality shall only require the applicant to provide documentation that is reasonably related to determining whether the request is for an Eligible Facility.

h.

Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the actual costs in reviewing and processing the application for approval of a WCF. The amount of this fee may not be in excess of the actual reasonable cost to review and process the application.

5.

Discontinuation, Abandonment and Removal.

a.

Discontinuation. The Borough may assess appropriate and reasonable permit fees directly related to the actual costs in reviewing and processing the application for approval of a WCF. The amount of this fee may not be in excess of the actual reasonable cost to review and process the application.

i)

All unused or abandoned WCFs and accessory facilities shall be removed within 6-12 months of the cessation of operations at the Site unless a time extension is approved by the Borough.

ii)

If the WCF and/or accessory facility is not removed within 6-12 months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

iii)

Any unused portions of WCFs, including antennas, shall be removed within 6-12)months of the time of cessation of operations.