Wilson, PA Zoning Ordinance

A-1 Forestry. To encourage maintenance and management of forested or wooded open space and promote the conduct of forestry as a sound and economically viable use of forested land throughout the Borough, forestry activities, including timber harvesting, shall be a permitted use by right in all zoning districts. The following regulations apply to all timber harvesting within the Borough where the value of the trees, logs, or other timber products removed exceeds $1,000. These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement.

PRECOMMERCIAL TIMBER STAND IMPROVEMENT

Definitions. The following terms shall have the meanings given in this section:

FELLING

The act of cutting a standing tree so that it falls to the ground.

FORESTRY

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

LANDING

A place where logs, pulpwood, or firewood are assembled for transportation to processing facilities.

LANDOWNER

An individual, partnership, company, firm, association, or corporation that is in actual control of forest land, whether such control is based on legal or equitable title, or any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner, and any agents thereof acting on their behalf, such as forestry consultants, who set up and administer timber harvesting.

LITTER

Discarded items not naturally occurring on the site such as tires, oilcans, equipment parts, and other rubbish.

LOP

To cut tops and slash into smaller pieces to allow material to settle close to the ground.

OPERATOR

An individual, partnership, company, firm, association, or corporation engaged in timber harvesting, including the agents, subcontractors, and employees thereof.

A forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.

SKIDDING

Dragging trees on the ground from the stump to the landing by any means.

SLASH

Woody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.

STAND

Any area of forest vegetation whose site conditions, past history, and current species composition are sufficiently uniform to be managed as a unit.

STREAM

Any natural or artificial channel of conveyance for surface water with an annual or intermittent flow within a defined bed and bank.

TIMBER HARVESTING, TREE HARVESTING, or LOGGING

That part of forestry involving cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.

TOP

The upper portion of a felled tree that is not merchantable because of small size, taper, or defect.

WETLAND

Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.

No timber harvesting shall occur until notice has been provided to the Borough. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.

Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this chapter. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Borough enforcement officer upon request.

Contents of logging plan:

Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails and landings;

Design, construction, and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars;

Design, construction, and maintenance of stream and wetland crossings;

The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways;

A sketch map or drawing containing the following information: site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property; significant topographic features related to potential environmental problems; location of all earth disturbance activities, such as roads, landings, and water control measures and structures; location of all crossings of waters of the commonwealth; and the general location of the proposed operation to municipal and state highways, including any accesses to those highways.

Compliance with the requirements of all applicable state regulations, including but not limited to erosion and sedimentation control regulations contained in Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to The Clean Streams Law; and stream crossing and wetlands protection regulations contained in Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act.

Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Borough or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.

No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.

All tops and slash between 25 feet and 50 feet from a public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the ground.

No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.

Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.

Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49; and Title 67 Pennsylvania Code, Chapter 189, the landowner and the operator shall be responsible for repairing any damage to Borough roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic, and may be required to furnish a bond to guarantee the repair of such damages.

The Borough enforcement officer may go upon the site of any timber harvesting operation before, during, or after active logging to:

Review the logging plan or any other required documents for compliance with the regulations of this section; and

Inspect the operation for compliance with the logging plan and other on-site requirements of these regulations.

Any landowner or operator who violates any provision of this subsection; refuses to allow the Borough enforcement officer access to a harvest site; or who fails to comply with a notice of violation or suspension order is guilty of a summary offense and, upon conviction, shall be subject to a fine of not less than $100 nor more than $300, plus costs, for each separate offense. Each day of continued violation of any provisions of this section shall constitute a separate offense.

Residential uses.

B-1 Single-family detached dwelling: a single-family detached dwelling on an individual lot with private yards on all sides of the house and with no public or community open space. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, manufactured dwellings, modular dwellings and mobile homes.

No more than one single-family detached dwelling shall be placed on a lot, and such detached dwelling shall be occupied by not more than one single-family.

B-2 Two-family dwelling: a detached or semidetached building where not more than two individual family dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.

B-3 Multifamily dwelling: structures which contain three or more dwelling units, including townhouses, row houses, garden apartments or quadruplex units or high-rise units for the elderly or other designations.

Each dwelling unit in such a structure shall be designed for occupancy of families living independently of each other.

Minimum lot area: 20,000 square feet.

Performance standards:

	Maximum Building Height in Stories	Maximum Building Coverage	Units Per Net Acre
Townhouses or row houses	2.5	45%	14
Garden apartments	3.0	45%	16
High rise for the elderly	8.0	35%	60

Such dwelling structures shall be served with adequate public water and sewer systems.

Yard planting and screening, as per § 170-87 shall be provided to effectively screen off any adjoining uses.

High-rise units for the elderly shall be designed for use primarily (65% or greater) by handicapped persons or persons at least 62 years of age.

Any proposed development with 10 or more dwelling units shall be provided with usable open space suitably designed and maintained for use as outdoor recreation space for residents in amounts not less than 250 square feet per dwelling unit.

B-4 Mobile home parks: includes the coordinated development, under single ownership, which is planned and will be improved for the placement of mobile homes occupied for dwelling purposes.

All applicable mobile home park provisions of Chapter 153, Subdivision and Land Development, as presently enacted and as may be amended.

All requirements of the Pennsylvania Department of Environmental Protection and other applicable agencies shall be met.

All mobile home parks shall be served with public water and sewer facilities.

There shall be a minimum distance of 25 feet between mobile homes.

The overall net project density shall not exceed nine dwelling units per net residential acre.

Twenty percent of the site shall be set aside in open space, and 1/2 of that amount shall be usable recreation area.

Minimum tract road frontage width shall be 300 feet.

Twenty-foot-wide buffer yard areas shall be provided along all perimeter property lines, and the area shall be screened in accordance with § 170-87.

Minimum lot area: three acres.

B-5 Rooming house or boardinghouse: a building containing one or more dwelling accommodations in which at least two rooms are offered for rent to adults ages 18 years or older, payable in money or other consideration, whether or not meals are furnished to occupants, and in which no transients are accommodated and no public restaurant is maintained. This use does not include a school or college dormitory, fraternity or sorority house, membership club with residents and other similar uses.

B-6 Group home: includes a group of persons, some or all of whom are not related by blood, marriage, legal adoption or foster placement, living together as a single housekeeping unit in a residential dwelling unit, but not including group care facilities.

The minimum separation between group homes shall be 1,200 feet, as measured from the closest property lines.

There shall be no sign or other exterior indication of a group home visible from a street.

The use shall not generate pedestrian or vehicular traffic or parking in excess of what is characteristic of the district in which it is located.

A group home use shall be licensed or certified under applicable federal, state or county programs.

Religious, educational, recreational and institutional uses.

C-1 Place of worship: Such use shall include a church, synagogue, or other place of worship, as provided.

Access shall be to a primary or arterial highway as delineated in the Comprehensive Plan.

Minimum yards:

Front yard: 25 feet.

Side yard: 15 feet each.

Rear yard: 25 feet.

C-2 School: A school shall be limited to a private school, religious or nonreligious, public school or a college or university, operated by a public or quasi-public institution, which is not conducted as a private, gainful business as a commercial school and is licensed under the proper governmental authority, provided that:

The minimum lot area for elementary schools, junior high schools, middle schools or high schools shall meet the minimum requirements of the Pennsylvania State Board of Education.

The site plan shall include the following:

An emergency response plan, reviewed and approved by the appropriate emergency services personnel.

An impact statement, addressing all requirements of Articles XIV through XVI.

No children's play equipment, basketball courts or illuminated recreation facilities shall be within 50 feet of a residential lot line.

Outdoor play areas shall be screened so as to protect adjacent residential neighborhoods from inappropriate noise and other disturbances.

Minimum yards shall be as follows:

Front yard: 50 feet.

Side yard: 20 feet each.

Rear yard: 50 feet.

There shall be no outdoor storage of buses on the property.

C-3 Commercial school: Such use shall include a trade, professional, music or dancing school, provided:

A trade school that includes an outdoor athletic field, court, or play area shall be screened so as to protect adjacent residential neighborhoods from inappropriate noise and other disturbances and shall be no closer than 50 feet from a residential lot line.

C-4 Library or museum: Such use shall be limited to a library or museum open to the public or connected with a permitted educational use and operated by a public or quasi-public institution.

C-5 Recreational facility: public park, nature preserve or outdoor recreation area, owned and operated by the Borough, county, state or federal government, subject to the following:

No outdoor active recreational area shall be located nearer to any lot line than 15 feet, unless the adjacent property is preserved open space or park land.

A planted buffer 10 feet in width shall be provided where the use abuts existing residences or where properties that adjoin are zoned for residential use and are not preserved open space or park land.

Minimum lot area shall be 10,000 square feet.

This use shall not include a shooting range or target or gun club.

C-6 Athletic facility: This use shall be limited to a commercial athletic recreational facility owned or operated by a nongovernmental agency and shall be limited to the following uses and facilities related thereto: fitness club or athletic training center, dance or gymnastics studio; tennis, racquetball, or squash club, and shall be subject to the following:

A minimum lot size of 30,000 square feet is required.

This use shall not permit amusement parks, shooting range or target or gun club, or any other activity specifically listed by this chapter as commercial recreation and entertainment or recreational facility.

No outdoor active recreational area shall be located nearer to any lot line than 25 feet.

A planted buffer 10 feet in width shall be provided where the use abuts existing residences or land zoned residential.

C-7 Private organization or community center: a building and related facilities used for fraternal, educational, social, cultural or recreational activities, owned or operated by a corporation, association or group of individuals, or by an educational, philanthropic, governmental or religious institution.

The use shall not be conducted as a private gainful business.

No outdoor recreational area shall be located nearer to any lot line than 15 feet.

In residential districts, private organizations and community centers shall be limited to those operated by groups which do not provide dining services and/or the service of alcoholic beverages.

The minimum lot area shall be 6,000 square feet in the R-1 and R-2 Zoning Districts, but in all other districts the minimum lot size shall be 10,000 square feet.

C-8 Day-care center: day-care center for four or more children providing out-of-home care for part of a twenty-four-hour day to children under 16 years of age, excluding care provided by relatives and care provided by places of worship during religious services, subject to the following additional provisions:

The facility shall meet all applicable design, site and area standards of the Pennsylvania Department of Public Welfare, Day-Care Division.

Buffer yards shall be provided if the use is located within a residential district or adjacent to a residential use or district.

No portion of a child-care facility shall be located within a three-hundred-foot distance from any potentially hazardous land use, activity, or natural condition of land, water or any other element which could pose a threat to the safety and welfare of the children, staff and other occupants at the facility. Hazardous land uses or activities include, but shall not be limited to, gasoline service stations, heavy industrial operations, storage of flammable or high-pressure materials, flammable or high-pressure underground pipelines, truck or rail loading areas, etc. Determination of a hazardous land use shall be that of the Zoning Officer. All child-care facilities shall provide adequate fencing to contain all children upon the property, as approved by the Borough.

Whenever possible, a dropoff area shall be located immediately adjacent to the facility. The dropoff area should be designed in such a way that pedestrians do not cross vehicular traffic lanes in any parking area or driveway. The dropoff area may be designed either as a part of the on-site parking area or as a part of a driveway providing direct access to the facility. When the dropoff area is incorporated into the on-site parking area, the parking spaces nearest to the facility shall be designated as dropoff spaces. When the dropoff area is incorporated into a driveway, the dropoff spaces shall be located within a vehicle turnout area 12 feet in width exclusive of the driveway through traffic lane(s).

C-9 Adult day-care center: a facility providing care for the elderly and/or functionally impaired adults in a protective setting for a portion of a twenty-four-hour day, subject to the following provisions:

When a license is required by the state, proof of licensing shall be presented with the application for the conditional use approval. Day-care centers exempt from state licensing requirements shall provide proof of exemption.

The day-care center shall be screened from adjacent properties with a fence or vegetative buffer, and an adequate fenced area shall be provided.

Site design and supervision characteristics shall ensure the safety of the users.

An adult day-care center shall not be located closer than 500 feet to any other adult or child day-care center.

C-10 Group care facility: a facility which provides resident services, for a fee or charge, for individuals who are being cared for by an appropriate residential supervisory staff. These individuals may be handicapped, aged or disabled or in need of medical and/or adult supervision and are undergoing rehabilitation and are provided service and supervision in accordance with their individual needs. This category includes uses licensed or supervised by any federal, state or county health/welfare agency (all ages), halfway houses, resident schools, resident facilities and foster care homes or boardinghomes for children or adults, but does not include group homes, nursing homes or detention centers.

The minimum separation between group homes shall be 1,200 feet, as measured from the closest property lines.

The use shall not generate pedestrian or vehicular traffic or parking in excess of what is characteristic of the district in which it is located.

A group care facility use shall be licensed or certified under applicable federal, state or county programs.

C-11 Nursing home: a nursing facility or convalescent home licensed by the Pennsylvania Department of Health which is set up to provide long-term health care primarily to senior residents with chronic diseases or disabilities. This use does not include life-care or continuing-care facilities.

A minimum of 15% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.

C-12 Hospital: a state-licensed facility subject to the following provisions:

The minimum lot area shall be 7,500 square feet.

The minimum lot width shall be 65 feet.

A hospital shall have direct access from a primary road or arterial highway.

Emergency and service entrances shall be located so as not to be offensive to adjoining residential areas.

C-13 Cemetery: A cemetery shall be limited to a burial place or graveyard, including a mausoleum, provided that:

Cemetery area and bulk regulations.

The minimum lot size shall be one acre.

No more than 5% of the entire area may be devoted to aboveground buildings not serving as burial markers or memorials, such as business and administration offices, chapels, maintenance facilities, greenhouses, workhouses, repair shops and the like. This restriction includes parking facilities.

For all accessory buildings, the setback line requirement shall be the same as for single-family detached dwellings in the zone in which the cemetery is located.

A buffer strip of at least 20 feet shall be provided between building or burial sites and the cemetery property line.

One dwelling, to be used for custodial personnel, may be permitted.

Cemetery design standards.

The maximum height of buildings, including dwelling units, where permitted, shall be two stories or 35 feet.

For all entrance features, including gates, fountains, statuary, identification signs and the like:

There shall be not more than two identification signs at such entrance.

The main portion of entrance features shall be located no closer to the nearest right-of-way line of any public street than a distance equal to the building setback line required in the district in which the cemetery is located.

No such entrance features shall exceed 12 feet in height.

Such use may be an accessory use to any place of worship.

C-14 Municipal/governmental building or use: Such use shall be limited to a municipal or governmental administration building, municipal police station, courthouse, district justice office, road maintenance facility and such other uses as would customarily be associated with the operations of government, except such use shall not be deemed to encompass a landfill, incinerator or other waste disposal facility.

C-15 Detention facility: Such use shall be limited to facilities owned and operated by the County of Northampton and shall be limited to the following:

A juvenile detention facility as described and regulated in 42 Pa.C.S.A. § 6327.

A rehabilitation center providing for minimum security detention of prisoners for work release or partial confinement. Such rehabilitation center shall not include facilities for the total confinement of prisoners who have been sentenced or who are awaiting trial.

A penitentiary, correctional institution or prison.

C-16 Assisted living facility:

A minimum of 15% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.

At least 65% of residents must be 62 years of age or older or handicapped.

Office uses.

Office: a building for business, professional or governmental offices, provided that:

Such use shall be carried on wholly indoors and within the principal building.

No office building shall include a store, beauty shop or other personal service shop.

No office building shall include a store front, a store window or any other retail commercial characteristic which detracts materially from the character of the district or surrounding neighborhood.

No structure designed for office use erected or renovated after the effective date of this chapter shall include any dwelling unit or units.

D-2 Medical office: Such use shall be limited to a building or buildings with multiple offices for more than one physician or dentist or other medical professional for examination or treatment of persons as outpatients and laboratories incidental thereto.

Retail and consumer uses.

E-1 Retail shop: A retail shop shall be limited to a store selling apparel, baked goods, books, confections, catering services, drugs, dry goods, flowers, foodstuffs, furniture, gifts, hardware, household appliances, jewelry, liquor, milk, notions, periodicals, shoes, stationery, tobacco, toys, paint, records, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, plants, fabrics and beer and soft drinks or other retail goods, provided that:

All products produced on the premises are sold on the premises.

Over-the-counter sale of alcoholic beverages in taverns and bars is not included.

Stores with a gross floor area in excess of 10,000 square feet are not included.

E-2 Large retail store: A large retail store is a store with greater than 10,000 square feet of floor area, including, regardless of size, any variety store, supermarket, department store and discount store.

E-3 Service business: A service business shall be limited to such uses as a barber, beautician, laundry and dry cleaning (whether or not coin-operated), shoe repair, tailor, photographer, newspaper, printer and travel agency, provided that laundry, dry-cleaning or clothes-pressing establishments shall not employ equipment or materials which involve danger from fire or explosion, which detract from the character of the district or which involve the disposal of materials or fluids which may result in pollution of air, soil or waterways.

E-4 Financial establishment: A financial establishment shall be limited to a bank, savings and loan association, credit union or other financial establishment, provided that if a drive-in window is provided, a stacking area to accommodate at least six vehicles shall be provided for each drive-in window.

E-5 Eating place: An eating place shall be limited to any place for the sale and consumption of food and beverages, provided that:

Drive-in service is prohibited.

The sale of alcoholic beverages must be incidental to the sale and consumption of food.

E-6 Eating place, drive-through: Such use shall be limited to cafeterias and eating establishments in which the principal business is the sale of foods and/or beverages in a ready-to-consume state for consumption either within the restaurant building or for carryout with consumption off the premises, provided that:

The use must have direct access to a primary or arterial street.

There shall be only one point of ingress and only one point of egress per collector or arterial street.

Where a drive-in window is proposed, a stacking lane shall be provided to serve a minimum of 10 cars. The stacking lane shall not be used for parking lot circulation aisles nor shall it in any way conflict with through circulation or parking.

A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant. If there is no sidewalk, one shall be provided along the street frontage.

All such restaurants shall provide a trash storage area which shall be screened from the street and adjacent properties, in accordance with this chapter, to prevent trash from blowing from the area and to permit safe and easy removal of the trash.

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

E-7 Repair shop: A repair shop shall be limited to any business for the repair of appliances, lawn mowers, watches, guns, bicycles, locks and small business machines (but not including automobile, vehicle and motorcycle repairs).

E-8 Motel, hotel and inn: Such use shall be limited to a building or group of buildings containing rooms for rent for the accommodation of transient guests, chiefly motorists, plus an eating place, provided that:

The use must have direct access to a primary or arterial street.

Units in such facilities shall contain a minimum of 200 square feet of floor space, with a minimum of two rooms: a bedroom and a separate bathroom equipped with a flush water closet, a lavatory basin and a bathtub or shower, all properly connected to a public water and public centralized sewer system.

All such uses shall be served by public water and public centralized sewage disposal systems.

The minimum lot area shall be 50,000 square feet.

Any retail or commercial use accessory to the hotel, motel or inn use shall be subject to the following restrictions:

The accessory use shall be contained within the hotel, motel or inn building, and any customer entrance to any place of business, except for a banquet, convention or conference center associated with the hotel, motel or inn, shall be from inside the building.

The accessory use, except for a banquet, convention or conference center associated with the hotel, motel or inn, shall be principally for customers of the hotel, motel or inn.

There shall be no display of merchandise or other manifestation of commercial or retail use visible from the street or property line.

E-9 Commercial recreation and entertainment: An indoor or outdoor entertainment or recreational facility operated as a commercial venture, which may include a bowling alley, skating rink, movie theater, theater, games arcade, recreational camps, driving range, chip and putt golf or miniature golf.

Minimum lot area: one acre.

No outdoor active recreation area shall be located nearer to any lot line than 50 feet.

Outdoor play areas shall be sufficiently screened with a planted buffer 10 feet in width.

This use does not include a shooting range or target or gun club.

E-10 Service station: A service station shall be limited to a building or group of buildings for the sale of petroleum products, tires and automotive service, provided that:

A minimum lot width of not less than 200 feet shall be provided along each street on which the lot abuts.

The minimum lot area shall be one acre.

Such use shall be located on an arterial or a higher order road.

All fuel tanks shall be placed underground.

All pumps, lifts and other service facilities shall be located not closer than 35 feet to any lot or street line.

No vehicle shall be stored in the open, except those awaiting minor repairs, for a period exceeding seven consecutive days, unless screened from adjacent or residential properties.

All lubricating, making of minor repairs or similar activities shall be performed in an enclosed building.

Separate accessways shall be provided for the safe and convenient egress and ingress of motor vehicles. No accessway shall exceed 35 feet in width nor be less than 15 feet in width.

Access to the street shall be physically controlled by a concrete curbing at least eight inches in height.

All parking, access and outdoor service areas shall be graded, surfaced, drained and suitably maintained to the satisfaction of the Borough Engineer to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across streets.

All automobile parts and similar articles shall be stored within a building.

All refuse shall be stored within a building or enclosed area.

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

Junk vehicles shall not be stored in the open at any time.

The sale or rental of automobiles, trucks, trailers or other vehicles shall be prohibited.

Convenience shopping shall be permitted as an accessory use to the sale of petroleum products, provided that:

It shall be in lieu of the sale of tires and automotive service.

The use shall occupy no more than 50% of the service station building.

Service stations designed to offer to the public self-service facilities for dispensing of gasoline and other motor vehicle fuels shall meet the following conditions:

At least one qualified attendant shall be on duty while the station is open to the public, whose primary function shall be to supervise, observe and control dispensing of flammable or combustible liquids.

The attendants shall be situated so as to have a clear view of the dispensing operations.

A voice communication system, such as but not limited to an intercom system, shall be provided so as to allow direct voice communications at all times between the person dispensing flammable or combustible liquids and the attendant.

Emergency controls, including the main power shutoff, shall be conspicuously posted in the immediate vicinity of the principal control or the dispenser island.

Instructions for the operation of the dispensers shall be conspicuously posted on either the dispenser or the dispenser island.

A list of emergency procedures and instructions shall be conspicuously posted in the immediate vicinity of the principal control location of the attendant.

Fire-extinguishing and flammable liquids dispensing equipment shall be approved through National Standards testing.

At least one fire extinguisher shall be located within 25 feet of each gasoline pump.

[9]

Warning signs shall be placed in a conspicuous place with each sign indicating "Warning: (a) It is unlawful to dispense gasoline into any portable container unless the container is constructed of metal or is approved by the Fire Marshal; (b) No smoking; (c) Stop motor."

E-11 Automotive sales: Automotive sales shall be limited to the sale and lease of automobiles by a duly franchised new car, truck, boat or motorcycle dealership; used car, truck, boat or motorcycle sales; or car, truck, trailer, motorcycle and/or boat rentals; farm machinery or travel campers, provided that:

Lighting. All outside lighting shall be directed in such a way as not to create a nuisance to any adjacent property, and all lighting shall be arranged and shielded so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind.

All facilities shall be located and all services be conducted within the confines of the lot.

All preparation, lubrication, repair or similar activities shall be accessory.

E-12 Automotive body repair and paint shop: Such use shall be limited to paint spraying, body and fender work and custom body work, provided that:

All such work is performed within a building.

All related automotive parts, refuse and similar articles shall be stored within a building or enclosed area.

Spray painters must apply coatings in a spray booth.

E-13 Car wash:

A car wash shall include a water-recycling facility.

Car washes shall be designed with a stacking area adequate for six cars so that waiting cars do not interfere with traffic flow.

E-14 Shopping center: Such use shall be limited to a building or a group of buildings, designed as a planned complex of related structures and circulation patterns, subject to the following additional criteria:

Such centers shall have a lot area of not less than five acres and a lot width of not less than 500 feet at the street right-of-way line.

The majority of all parking shall be provided in separate areas surrounding any group of shopping buildings.

Such centers shall be located on an arterial or higher order road.

The following uses are permitted as part of a shopping center:

	C-3	Commercial school
	C-6	Athletic facility
	D-1	Office
	D-2	Medical office
	E-1	Retail shop
	E-2	Large retail store
	E-3	Service business
	E-4	Financial establishment
	E-5	Eating place
	E-6	Eating place, drive-through
	E-9	Commercial recreation and entertainment

The shopping center shall be constructed in accordance with an overall plan and designed with a single architectural style approved by the Borough Council.

Regulations dealing with lighting, parking, outdoor storage, buffering, points of access, signs, landscaping and other applicable regulations set forth herein shall be met.

All establishments in the shopping center must have vehicular service access either from an individual service yard or from a common service area serving several establishments. All such service areas must be segregated from public areas and screened from public view.

Within a tract to be used for a shopping center, subdivision of the tract into individual lots is not permitted.

E-15 Funeral home: Such use shall be limited to a mortuary or funeral home and shall not include a cemetery, columbarium, mausoleum or other permanent storage facility.

E-16 Veterinary office or clinic: Such use shall be limited to the office of veterinarian. If a kennel is part of the office or clinic, the following conditions shall apply:

Minimum lot size shall be one acre.

No animal shelter or runway shall be located closer than 100 feet to any residential building other than the owner's or closer than 50 feet to the property line.

The kennel shall be constructed so that the animals cannot stray therefrom.

All animals must be kept indoors between 10:00 p.m. and 7:00 a.m.

(17)

E-17 Banquet facility: a facility available for special dinners, banquets or other dining events by prearrangement with the management of the facility for groups or parties and not open to the general public on a daily basis; not an eating place or restaurant.

(18)

E-18 Adult-oriented use:

The building or structure of such use shall be located no less than 400 feet from any residential use or district, public or private school, church recreation facility or any other religious, institutional or educational, or any youth-oriented use (e.g., day-care service, entertainment, and including parks and recreation areas) within Wilson Borough or any adjoining municipality.

No such use shall be located within 2,000 feet of a similar use.

No display of adult-related materials depicting specified sexual activities or specified anatomical areas shall be visible from a window, door or exterior of the building.

No person under the age of 18 years of age shall be permitted within a building whose operation would be considered an adult-oriented establishment.

No more than one adult-oriented use shall be permitted within any one building or lot, and no adult-oriented use shall be permitted on the same lot as any other principal use.

No adult-oriented use or activity may change to another type of adult-oriented use or activity except upon application to and approval by the Zoning Hearing Board of such change as a special exception.

The entrance to the adult-oriented use shall include a sign warning all individuals that the premises are classified as an adult-oriented use and that no persons under the age of 18 are permitted on the premises.

No adult-oriented use may remain open at any time between the hours of 1:00 a.m. and 6:00 a.m. on weekdays and Saturdays, and 1:00 a.m. and 12:00 noon on Sundays.

The Zoning Hearing Board must determine that the adult-oriented use:

Is in general harmony with the immediate vicinity.

Does not create an atmosphere of enticement for minors.

Will not be detrimental to the public health, public safety or general welfare of the Borough.

It shall be a violation of this subsection for a person who knowingly or intentionally, in an adult-oriented use, appears in a nude or seminude condition, unless the person is an employee who, while nude or seminude, shall be at least 10 feet from any patron or customer and on a stage at least two feet above the floor level.

(19)

E-19 Mixed-use building:

Mixed-use building use shall contain residential and commercial or office uses only.

Uses shall be limited to those uses permitted within the district in which it is located. In no case shall a use not permitted in the district be approved.

At least 33% of the gross floor area shall be designated for residential use.

Residential uses are not permitted on the ground floors of mixed-use buildings.

(20)

E-20 Kennel:

A minimum lot size of 0.25 acres is required.

All animals must be kept indoors between 10:00 p.m. and 7:00 a.m.

No animal shelter or runway shall be located closer than 100 feet to any residential building other than the owner's or closer than 50 feet to the property line.

The kennel shall be constructed so that the animals cannot stray therefrom.

Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.

Must comply with the requirements of the Pennsylvania Dog Law.[1]

Editor's Note: See 3 P.S. § 459-101 et seq.

(21)

E-21 Animal shelter or rescue:

A minimum lot size of 0.5 acres is required.

All animals must be kept indoors between 10:00 p.m. and 7:00 a.m.

No animal shelter or runway shall be located closer than 100 feet to any residential building other than the owner's or closer than 50 feet to the property line.

The kennel shall be constructed so that the animals cannot stray therefrom.

Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.

Animal shelters shall be operated in accordance with procedures accepted by animal rights groups such as the Large Animal Protection Society (LAPS) and the society for the Prevention of Cruelty to Animals (SPCA) and the applicable state laws concerning cruelty to animals.

All such uses shall meet all applicable Pennsylvania state licensing and codes.

Public utilities and public service organizations.

F-1 Utility operating facility: Such use shall be limited to a sewage pumping station, electrical substation, telephone substation, sewage treatment plant, and any public service or utility, not including a public incinerator, public or private landfill, or a telecommunications facility or tower, and provided that the following conditions are met:

Such installation must be essential to serve the Borough of Wilson.

No zoning permit shall be required for public utilities to be located in public streets or rights-of-way.

The following minimum setbacks from all property lines shall be provided:

Water tower: setback not less than the height of the tower, plus 200 feet.

Electrical substation: 50 feet.

Well facility: 100 feet.

Sewer pumping station: 50 feet.

Water treatment facility: 100 feet.

Water pump station: 20 feet.

Sewage treatment plant: 200 feet.

All other uses: 50 feet.

Minimum lot sizes shall be adequate to accommodate the above setbacks, parking requirements and other building requirements.

No parking shall be permitted within the required setbacks.

F-2 Emergency services: Emergency services shall be limited to fire, ambulance, rescue and other emergency services of a municipal or volunteer nature.

For facilities without a community room, there shall be a minimum lot size of 10,000 square feet.

For facilities with a community room, there shall be a minimum lot size of one acre.

F-3 Terminal: A terminal shall be limited to a railway station or bus station providing transportation services to the general public.

F-4 Telecommunications facility: a structure or structures intended for transmitting or receiving radio, television, microwave or telephone communication; any telecommunications facility, including a tower and associated building, for cellular and personal wireless communications used to transmit or receive cellular and personal wireless telecommunications signals.

Maximum height: 150 feet.

The tower must be licensed by the Federal Communications Commission and must be reviewed and approved by the Federal Aviation Administration and any other regulatory authority with jurisdiction.

Allowable districts.

Applicants seeking to construct a telecommunications facility in Wilson Borough must first apply to the Borough to determine if a suitable site is available on Borough-owned and/or controlled land or structures, irrespective of zoning district requirements. If the facility is not to be located on Borough-owned and/or controlled facilities, telecommunications facilities, including buildings and towers, are permitted in the following zoning districts, and only as conditional uses approved by the Borough Council: C-1, C-2 and I-1.

Telecommunications facilities, including towers, may be permitted by conditional use in any other zoning district, provided that the tower and other facilities can be attached to an existing structure, can be disguised and shielded so as not to alter the appearance of the existing structure and where the proposed telecommunications tower does not increase the height of the existing structure or extend beyond the existing structure more than five feet, so that it will fit in with the character of the community.

All buildings, structures, towers and guy wires shall be located so that none of same are located within the required front, side or rear yard setbacks for the district in which it is located. The minimum lot area for the communications facility shall be 10,000 square feet; provided, however, that the lot area must be adequate to accommodate all necessary setbacks from property lines, in accordance with these regulations, and that any communications tower shall be located no less than 200 feet from any occupied building.

General standards for conditional use.

The applicant shall present documentation that the tower is designed in accordance with the standards cited in this chapter for telecommunications towers and with all applicable safety standards for towers. The applicant shall demonstrate that the proposed telecommunications facility and tower are constructed in a manner consistent with all applicable industry standards, and the surrounding area will not be adversely affected by support structure failure. Towers and antennas shall be designed according to the standards of the American National Standards Institute and the Telecommunications Industry Association.

Where the proposed site abuts a residential zoning district, towers shall be permitted only where they are disguised by attaching them to an existing tall structure where the proposed tower does not increase the height of the existing structure or by disguising the tower so that it resembles a tree, silo or church steeple so that it will fit in with the residential character of the community.

The applicant shall present a site plan showing the following items:

Locations of all existing uses and proposed telecommunications facilities.

Elevations and drawings of any existing uses and proposed telecommunications facilities, showing proposed width, depth, height, architectural style and structural data for any towers proposed.

Vehicular access, fencing, landscaping and any easements for access and utilities.

[d]

The applicant shall demonstrate that the height of the tower for the telecommunications facility is the minimum height necessary for the service area.

[e]

In order to reduce the number of telecommunications towers in the Borough, all towers and support structures shall be designed to permit other future users, including other telecommunications companies and police, fire and emergency services. The applicant shall demonstrate that other telecommunications licensees have been contacted with the objective of encouraging collocation of licensed antennas on the same tower.

[f]

No telecommunications facilities (buildings or towers) shall be located on any site or building registered on the National Register of Historic Places.

[g]

The telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance or emergency repair.

[h]

A six-foot high security fence shall completely surround the facilities (tower, buildings and any guy wires).

[i]

An evergreen screen consisting of a row of evergreen trees planted 10 feet on center shall be provided around the outside of the security fence.

As part of the development agreement for the construction or installation of any telecommunications facility, provisions shall be made for the removal of the structure by the applicant should the facility not be used for a period of 12 consecutive months.

Standards for telecommunications facilities combined with another use on a lot. A telecommunications facility is permitted on a property with another permitted or lawful nonconforming use subject to the general standards and to the following additional requirements:

If the facility consists of a separate building, the building and tower shall not be located within the minimum front, side and rear yard setbacks for the zoning district. The lot area for the use shall be the area needed to accommodate the buildings, towers, guy wires, buffer planting and security fencing.

Vehicular access to the building and tower shall not interfere with the parking or circulation on the site for the principal use.

Documentation from the owner of the principal use indicating the willingness to grant an easement, lease or other interest in real estate shall be provided to the Borough.

Industrial uses.

G-1 Manufacturing: Manufacturing uses shall include but not be limited to the production, processing, cleaning and testing of materials, goods, foodstuffs and products from the following previously processed and prepared materials: bone, ceramics, cork, feathers, felt, fur, glass, hair, horn, leather, metal, paper, plaster, plastics, precious and semiprecious stones, rubber, shells, textiles and tobacco. Manufacturing may also include the manufacture of electrical appliances and supplies, small or hand tools, hardware, toys, jewelry, clocks and watches, musical, professional and scientific instruments, optical goods, machinery and machine tools, electrical equipment, motors, iron and steel products, including fabrication and assembly, or other similar uses.

G-2 Research: scientific or industrial research, testing or experimental laboratory or similar establishment for research or product development, provided that:

No research facility shall be a commercial production facility.

No research facility shall be permitted which constitutes a danger to the community because of combustible or radioactive materials.

G-3 Mini warehouse, mini storage: Such use shall be limited to the storage of items, limited to personal property generally stored in residential structures, within a warehouse structure or mini warehouse structure, provided that:

The use shall be enclosed with a fence. Between the fence and the perimeter of the property there shall be a landscaped buffer planted in accordance with § 170-87.

The minimum driveway width between buildings shall be 20 feet.

No business activity other than leasing of storage units shall be permitted.

All storage shall be within enclosed buildings.

Explosive, radioactive or highly flammable materials and automobiles shall be prohibited.

G-4 Printing: Such use shall be limited to printing, publishing and binding.

G-5 Contract services: Contract services shall be limited to offices and supply shops such as building supplies, cement, electric, heating, plumbing, masonry, painting, landscaping and roofing.

G-6 Trades: Such use shall be limited to a plumbing shop, carpentry shop, electrical shop, cabinetmaking, furniture-making and other similar trades, provided that this use shall not include outside storage.

G-7 Fuel storage and distribution: Such use shall be limited to fuel storage and distribution tanks and related buildings, provided that:

The minimum lot area shall be 10 acres.

No retail sales will be permitted on the premises.

G-8 Building materials sale: Such use shall be limited to a lumberyard and the storage and sale of finished products used in building and construction, such as concrete and metal pipes, provided that:

Millworking is permitted as an accessory use.

Storage yards shall be fully enclosed by fencing and a landscaped buffer at least 20 feet in width.

The storage of flammable or toxic gases and liquids and the production and mixing of asphalt and concrete is prohibited.

The minimum lot area shall be three acres.

G-9 Equipment storage yards: Such use shall be limited to the rental and storage of construction equipment. No storage of junk vehicles shall be permitted.

Storage yards shall be fully enclosed by fencing and a landscaped buffer at least 20 feet in width.

The minimum lot area shall be two acres.

G-10 Truck terminal: this shall be limited to express trucking or hauling stations.

This use may not include facilities for the hauling or transfer of solid or liquid wastes.

No outdoor storage of materials or vehicles is permitted.

The minimum lot area shall be two acres.

G-11 Food processing: This use shall be limited to food processing, packing, canning of meat, fish, dairy and other food products as well as the manufacture and packaging of nonalcoholic beverages, provided that such uses are served by public water and public sewer services.

G-12 Laundry, dry-cleaning or dyeing plant: a commercial plant for laundry, dry cleaning or dyeing.

G-13 Warehouse: wholesale business, wholesale storage or warehousing, excluding retail sales except as provided for below. A small retail store may be operated in conjunction with use G-13, subject to the following conditions:

The retail store shall be an accessory use which is clearly incidental and subordinate to the primary use G-13;

The retail store may only sell those items stored at the property in accordance with use G-13; and

The retail store may not exceed 15% of the gross floor area or 1,000 square feet, whichever is less.

G-14 Junkyard: Such use shall be limited to an area of land, with or without buildings, that is used for the storage of used or discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles and parts thereof, provided that:

The proposed use of an area shall not be detrimental to adjacent land uses.

There shall be maximum lot size of five acres.

Such use shall be a minimum of 200 feet from any public road as measured from the street line.

The land area used for such purposes shall not be exposed to public view from any residence or public street or road.

Such uses shall be entirely enclosed by a solid fence or wall at least six feet high and constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. Such fence or wall shall be kept in good repair and neatly painted in uniform color.

A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be four to five feet in height and planted on ten-foot staggered centers.

The contents of such use shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.

The storage of paper shall be within a building.

The storage of toxic chemicals shall be prohibited.

Dumping of trash or landfill operations and burning of any materials shall specifically be prohibited.

All such uses shall be sealed from groundwater contamination and shall provide groundwater monitoring wells.

G-15 Mineral extraction:

The activities and residual effects shall not create conditions hazardous or otherwise adverse to the value and use of adjacent properties or the well-being of the surrounding area and its residents.

The site shall be reclaimed to a nonhazardous state permitting some reasonable future use and so that the extracting activities and resulting condition of the site will not result in environmental degradation of the surrounding area.

All activities of these land uses shall be effectively screened from adjacent properties and set back from adjacent properties by a minimum distance of 50 feet and from residential structures by a minimum distance of 100 feet or such greater distance as may be required by site conditions to protect adjacent properties as determined necessary by the governing body.

Unique or environmentally significant natural features and significant historic or architectural structures and sites shall be protected from disruption or adverse effects from quarrying and/or mining activities.

A copy of all information submitted to the state agencies shall also be submitted to the Code Enforcement Officer at the same time.

A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Code Enforcement Officer. Compliance with such plan shall be a condition of Borough permits.

G-16 Lawful use not otherwise permitted: This subsection is intended to provide, by conditional use, for any lawful use that is required to be permitted by the Pennsylvania Municipalities Planning Code and which is not otherwise permitted in any other use categories described in this section. A lawful use not otherwise permitted shall be subject to the following requirements:

The use must comply with the impervious surface, area, lot area, and dimensional requirements of the district in which the use is proposed.

The applicant must demonstrate that the use proposed will comply with all permit requirements of the Pennsylvania Department of Environmental Protection or any other commonwealth or federal government agency which regulates such use.

Conditional use approval shall only be granted by the Borough Council after it has determined that the granting of such will not result in additional threats to public safety or extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with local laws or ordinances.

Accessory uses.

H-1 Home-based business: a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves some customer, client or patient traffic, whether vehicular or pedestrian, pickup, meeting location, delivery or removal functions to or from the premises in excess of those normally associated with a residential use. The business or commercial activity must satisfy the following requirements:

The home-based business shall be accessory to a residence and carried on wholly indoors and within a dwelling or other structure accessory thereto and shall be clearly incidental and subordinate to its use for residential purposes by its occupants.

The business activity shall be compatible with the residential use of the property and surrounding residential uses and shall meet the minimum and maximum area, height and dimensional requirements of the district in which the use is located.

Such use shall be limited to single-family detached dwellings.

There shall be no use of show windows, display or advertising visible outside the premises, except as provided for signs herein.

There shall be no exterior storage of material or building material.

There shall be no parking of commercial vehicles, except that parking of not more than one commercial vehicle exceeding a one-ton loading capacity and with no more than two axles or four wheels, whichever is less, including any construction or landscaping vehicles and trailers used for their transportation (i.e., front-end loaders, cranes, cement mixers, riding lawn mowers, etc.), shall be permitted only within a completely enclosed building.

The appearance of the residential structure shall not be altered or the home-based business within the residence be conducted in a manner which would cause the premises to differ from the residential character by the use of colors, materials, construction, lighting, show windows or advertising visible on the premises to attract customers or clients, other than an identification sign not exceeding two square feet, notwithstanding any other provisions of this chapter.

A sign displaying the name and address of the home-based business may be permitted, subject to the following requirements: no more than one such sign shall be erected on the lot; the area of the sign shall not exceed two square feet in size; and the sign shall be either fixed flat on the main wall of the building or may be erected in the front yard, but not within 10 feet of the cartway.

No articles shall be sold or offered for sale except such as may be produced on the premises.

There shall be no stockpiling, storage or inventory of products of a substantial nature.

There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods or equipment by other than passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries.

The home-based business shall be carried on only by inhabitants of the dwelling and not more than two additional employees.

The floor area devoted to a home-based business shall not occupy more than 25% of the ground floor of the principal residential structure or 500 square feet, whichever is less; all portions of the floor area to be used for the home-based business shall be accessible to employees and clients without having to enter or walk through the areas of the residence devoted to solely residential use, and all areas to be used for employees and client visits shall be in one location and not separated by rooms or hallways which are used for residential purposes.

No equipment or process shall be used in a home-based business which creates discernible noise, vibration, glare, fumes, odors or electrical interference at the property line, and no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the lot or causes fluctuations in line voltage off the lot.

No manufacturing, repairing or other mechanical work shall be performed in any open area. All such activities shall be conducted in such a manner that they are not detectable or noticeable at or beyond the property line.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The maximum number of off-street parking spaces shall be limited to six parking spaces, which shall not include any garage spaces and shall be designed to comply with the appropriate provisions of Article XVI of this chapter.

No more than one home-based business shall be permitted per residential dwelling.

The hours of operation shall be limited to Monday through Saturday, and activities shall occur between the hours of 8:00 a.m. to 9:00 p.m.

Parking spaces required by the home-based business in addition to those required for the residential use must be located to the side or to the rear of the principal residence and must be separated from adjoining properties by a ten-foot-wide planted buffer.

The business may not involve any illegal activity.

H-2 No-impact home-based business: a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

The no-impact home-based business shall be accessory to a residence and carried on wholly indoors and within a dwelling or other structure accessory thereto and shall be clearly incidental and subordinate to its use for residential purposes by its occupants.

There shall be no use of show windows, display or advertising visible outside the premises.

There shall be no exterior storage or building material.

There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.

The appearance of the residential structure shall not be altered or the no-impact home-based business within the residence be conducted in a manner which would cause the premises to differ from the residential character by the use of colors, materials, construction, lighting, show windows or advertising visible on the premises to attract customers or clients.

There shall be no display or sale of retail goods and no stockpiling, storage or inventory of products of a substantial nature.

The no-impact home-based business shall be carried on only by inhabitants of the dwelling.

The floor area devoted to a no-impact home-based business shall not occupy more than 25% of the ground floor of the principal residential structure or 500 square feet, whichever is less.

No equipment or process shall be used in a no-impact home-based business which creates discernible noise, vibration, glare, fumes, odors or electrical interference at the property line, and no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the lot or causes fluctuations in line voltage off the lot.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business may not involve any illegal activity.

H-3 Residential accessory structure: Such use shall include a residential accessory structure or use, including but not limited to:

Parking of not more than one commercial vehicle not exceeding a one-ton loading capacity and with no more than two axles or four wheels, whichever is less, including any construction or landscaping vehicles and trailers used for their transportation (i.e., front-end loaders, cranes, cement mixers, riding lawn mowers, etc.), shall be permitted only within a completely enclosed building and only as an accessory to a single-family detached dwelling and shall only be for the use of the inhabitants of the subject residence.

Structures, such as fences and walls, that are man-made structures, erected to enclose or screen areas of land are permitted, subject to the property owner and/or applicant applying for and receiving a zoning permit from the Borough and subject to the following restrictions:

Fences and walls in any portion of the front yard, as defined by this chapter, shall not exceed four feet in height. Height shall be measured from the mean ground level surrounding the fence or wall to the highest point of the fence or wall.

Fences and walls in side and rear yards shall not exceed six feet in height.

No fences or walls may be constructed in the clear site triangle or in any portion of a street right-of-way or in a public easement or in any portion of any public or private easement where the easement agreement prohibits fences or walls.

Notwithstanding anything to the contrary contained in this subsection, fences or walls surrounding tennis courts may be not more than 10 feet in height, but tennis courts may not be located in any portion of the required front yard as defined by this chapter.

These regulations shall not apply to the following:

Fences or walls required to be installed in order to comply with swimming pool fencing requirements of this chapter and/or the Borough Building Codes.

Fences or walls solely required as a result of an agricultural or horticultural use of real property.

Structures such as storage sheds, bathhouses and private greenhouses, provided that they do not exceed 15 feet in height and that they meet the following requirements:

Structures with a floor area of 144 square feet or less shall be no closer than four feet to any property line.

Structures, other than detached garages, with a floor area of more than 144 square feet shall meet the setback requirement for principal buildings for the applicable zoning district.

Such structures shall be permitted accessory uses for single-family detached dwellings only.

The impervious surface requirements of the district in which the use is located must be met and shall be calculated, including the accessory structures.

Decks attached to or immediately adjoining a dwelling unit shall not encroach more than 10 feet into a required rear yard.

Detached garages which are accessory to residences are permitted to be located no closer to a side or rear property line than four feet. Such garages shall be located behind the principal building setback line closest to the street on which the principal building fronts and shall be set back from the street line a distance no less than the actual setback of the principal building from the street line. Garages shall not exceed 15 feet in height.

H-4 Outside storage:

Outside storage, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use, shall be permitted, subject to the following additional provisions:

No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas and no part of the required front yard shall be occupied by outside storage.

Outside storage areas shall occupy an area of less than 1/2 of the existing building coverage.

Outside storage areas shall be shielded from view from the public streets in accordance with the buffer requirements of this chapter.

Uses requiring more substantial amounts of land area for storage, such as any nursery, garden center, automotive sales, truck terminal and lumberyard, may be exempt from the provisions of Subsection H(4)(a)[2] and [3] above. For these and other similar uses, no more than 25% of the lot area shall be used for outside storage. For these uses only, outdoor storage may be placed within the required yard area so long as all storage is set back a distance equal to at least 50% of the required yard area for the district in which the use is located. Among the uses that shall not be considered appropriate for inclusion under this provision are retail shop, repair shop, service station, automobile repair and car wash, automotive accessories, wholesale, contracting and trades.

The storage of tractor trailers, panel trucks, vans and similar vehicles which supply or service establishments in commercial or industrial districts shall be permitted, provided that such vehicles shall be used by the establishment in the normal conduct of its business.

H-5 Temporary structures and vehicles: Such use shall be limited to a temporary structure, vehicle or use. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, such as fires, construction or other causes of a similar nature, subject to the following additional provisions:

The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods, not to exceed a total time period of two years.

Temporary nonconforming structures or uses shall be subject to authorization by the Zoning Officer or Borough Council.

Such structure or use shall be removed completely within 30 days of the expiration of the permit without cost to the municipality.

Tractor trailers shall not be permitted to be parked in residential districts except during construction.

No retail sales shall be permitted from temporary uses or structures.

The placement of all temporary structures shall be subject to the approval of the Zoning Officer.

H-6 Swimming pool: A swimming pool shall be permitted as an accessory to a residential use, provided that:

No person, owner or occupant of land shall install or maintain a swimming pool or other artificial body of water capable of being filled to a depth exceeding 18 inches at the deepest or lowest point unless a permit is first obtained from the Code Enforcement Officer and the required plans and information are filed, together with required permit fees. Ornamental pools and wading pools which do not exceed 18 inches in depth are exempt from these provisions. Swimming pools shall include any pool, regardless of design or construction materials or the permanency of its location both above and below ground level, which is built, erected or used for the purpose of bathing or swimming and all buildings, equipment, and appurtenances thereto. This chapter shall also apply to public swimming pools used and maintained by an individual, firm, corporation, club or association of persons for use by the public or members and their invitees or guests.

The building area restrictions as set forth for the pertinent zoning districts in this chapter shall apply and, in addition thereto, each such pool area and the paving or coping surrounding it or associated with it shall not be located in any front yard and not closer than four feet to any property lines.

Building permits are required prior to the construction, alteration, remodeling or additions to a swimming pool or other artificial water areas not specifically exempt from this chapter. Application for a permit for the construction of a swimming pool shall be made to the Code Enforcement Officer. Each application for a private or public swimming pool shall be accompanied by a duplicate set of plans, specifications and plot plans of the property. The location of the pool on the property and with respect to adjoining property and street lines shall be shown, together with the location, height and type of fencing or walls or protective equipment and accessory buildings. No permit for a private or public swimming pool shall be issued until the plans, specifications and plot plans have been approved by the Zoning Officer through compliance with this chapter and the Borough Building Code.

Written approval must be obtained upon inspection of the pool and subject to the discretion of the inspecting officer.

All swimming pools shall be subject to an annual inspection by the Code Enforcement Officer or the Health Officer or other official designated by the Borough Council or the Health Department who shall have the right of inspection whenever they, in their sole discretion, deem it necessary to do so.

Safety. Any pool or water area subject thereto shall be suitably designed, located and maintained so as not to become a nuisance or hazard either to adjoining property owners or the public generally. All detachable ladders shall be removed when the pool is not in use.

Sanitary quality of water. The physical, chemical and bacterial qualities of the water in public swimming pools shall comply with the latest standards of the Commonwealth of Pennsylvania Department of Health. Failure to maintain the sanitary quality of water prescribed by this section or to restore such water to the required quality within the time prescribed by the Department of Health shall be a violation of this section.

Accessory buildings. Locker rooms, bathhouses, cabanas, shower rooms, toilets, runways and all other physical facilities or equipment incidental to the operation of any public swimming pool shall be kept in a sanitary condition at all times and shall otherwise comply with the Borough ordinances, rules and regulations.

Construction and maintenance. The construction and design of all pools shall be such that the same can be maintained and operated as to be clean and sanitary at all times. The owners of every such pool shall be responsible to maintain said pool in such condition as to prevent breaks in the pool chassis or water from the pool overflowing into adjacent public or private property. Swimming pools shall be constructed, equipped and maintained in strict conformity with the provisions of the swimming pool and public health codes issued by the Commonwealth of Pennsylvania and the Northampton County Health Department.

Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into the interior of adjacent residential properties.

All electrical work connected with the pool and all equipment incidental thereto shall comply with all Underwriters' Laboratories, Inc., regulations and must be inspected and certified by an ICC Electrical Inspector prior to the issuance of a certificate of compliance. In no event may said pool be used prior to such approval.

If pools are connected to any water, sewer or public utility line, there must be installed a separate valve controlling such line, both as to supply and drainage, and a permit must be obtained prior to installation from the agency furnishing such utility service. A minimum isolation distance of 25 feet shall be required between a swimming pool and any sewage disposal system.

Approved filtration systems and circulators must be provided for all pools except such exempt or nonexempt wading pools as are emptied on a daily basis as hereinafter provided.

All pool installations shall conform to all applicable building codes.

In no case shall water in the pool or pool area be permitted to emit an offensive odor or create any unhealthful condition. Further, it shall be a violation of this chapter to cause or allow drainage onto adjoining land, public or private; provided, however, that the Zoning Officer may issue a permit for drainage into storm sewers at his discretion.

No pool shall be located under any electric power lines (including service lines), and the pool must be located at least 10 feet (measured horizontally) from such power lines.

No water shall be placed in the pool until a fence, as required by this chapter, has been completed.

Fencing of pools. Fencing of pools must comply with Appendix G of the most current adoption of the International Residential Code.

The owner of any swimming pool shall allow the Borough Code Enforcement Officer, Health Officer or other authorized official access to the pool and appurtenances for the purpose of inspection to ascertain compliance with this chapter at all reasonable times.

Pool construction and security. All pools shall be constructed and secured in accordance with the Uniform Construction Code (UCC), International Code Council (ICC), and International Residential Code (IRC), as adopted by Wilson Borough.

H-7 Recreational vehicles: These regulations apply to recreational vehicles which are stored on a property but are not enclosed within a garage or other building.

Recreational vehicles include travel trailers, boats, campers, snowmobiles, all-terrain vehicles, trailers for these vehicles and other similar vehicles.

Two recreational vehicles, not enclosed within a garage or other building, shall be permitted per dwelling.

Recreational vehicle parking is permitted as an accessory residential use only for single-family detached dwellings.

Recreational vehicles shall not be stored between the street line and the front building line and/or in front of the principal building unless the recreational vehicle is totally screened from view by fencing and vegetation or the recreational vehicle is at least 100 feet from the front property line of the single-family dwelling.

No such vehicle shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

No recreational vehicles stored on the property shall be closer than seven feet from any property lines.

For the purpose of this subsection, recreational vehicles shall be presumed stored on a property if they remain on the property for more than seven consecutive days and more than 10 days in any calendar month.

H-8 Garage/yard sales: Such uses shall be limited to no more than two days in duration. No more than two such sales can be held per property in a calendar year. There shall be at least 30 days between sales.

H-9 In-law suite: One in-law suite to a residential dwelling shall be permitted, provided that the conditions set forth in this subsection are met, and further provided that the accessory use, in all respects, complies with this chapter relating to the zoning district wherein the proposed in-law suite is to be constructed or to be used. The intent of these provisions is to allow for related family members to reside on the premises.

In-law suites may contain separate cooking, sleeping, living and bathroom facilities.

The in-law suite shall occupy no more than 25% of the total usable floor area of the principal residence, not including any garage.

In-law suites shall be part of the principal residence or may be contained in the existing accessory structure such as a garage. No new separate structures on the same lot with the principal residence shall be permitted to be constructed for this use.

The required off-street parking for the principal dwelling plus one additional off-street parking space for the in-law suite shall be provided.

No more than one in-law suite shall be permitted per residential dwelling.

Each in-law suite shall be registered with the Borough Code Enforcement Officer, who shall keep record of its use to ensure compliance with this chapter.

A certification shall be received from the Northampton County Department of Human Services or other regulatory agency certifying that the wastewater facilities are adequate to accommodate the principal residential dwelling as well as the in-law suite as defined in this section.

H-10 Wind energy system: An energy conversion system, including appurtenances, which converts wind to a usable form of energy to meet all or part of the energy requirements of the on-site use. Accessory wind energy systems shall not be used primarily for the generation of power to sell to other users, although this provision shall not prohibit the sale of excess power generated to the local utility company. The following requirements shall apply to accessory wind energy systems:

No wind energy system, or addition of a wind turbine to an existing wind energy system shall be constructed or located within Wilson Borough unless a permit has been issued to the facility owner or operator approving construction of the facility under this chapter.

There shall be a maximum of one device on a single parcel.

Any physical modification to an existing and permitted wind energy system that materially alters the size, type and number of wind turbines or other equipment shall require a permit modification under this chapter. Like-kind replacements shall not require a permit modification.

The design of the wind energy system shall conform and comply with all manufacturer's specifications and any and all applicable industry standards.

To the extent applicable, the wind energy system shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended,[2] and the regulations adopted by the Department of Labor and Industry.

Editor's Note: See 35 P.S. § 7210.101 et seq.

Maximum height of the structure, including all moving and rotating parts, shall be 65 feet, measured from the undisturbed ground elevation at the base of the device, to the highest point of the arc of the blade, or to the top of the tower, whichever is greater, unless a greater restriction is imposed by FAA regulations.

All wind energy systems shall be equipped with an over speed control system in accordance with the manufacturer's specifications.

All electrical components of the wind energy system shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards. The facility shall have an output limit of 50 KW.

Wind turbines shall be a nonobtrusive color such as white, off-white or gray.

Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner or operator.

On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground and in accordance with applicable IRC Codes.

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

Visible, reflective, colored objects such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

Wind turbines shall not be climbable up to 15 feet above ground surface.

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

All wind turbines shall be set back from the nearest property line a distance of not less than the maximum setback requirements for that zoning classification where the turbine is located or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base. In no case shall a system be located within or above a front yard or within or above the minimum required side and/or rear yards.

Minimum distance between the undisturbed ground at the base of the device and any protruding blade shall be 15 feet, as measured at the lowest point of arc of the blades.

When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 150 square feet in area, shall not exceed eight feet in height and must not be located in any required front, side or rear yards.

Accessory wind energy systems attached to existing structures shall not exceed a height of 20 feet above the height of the existing structure that it is attached to, and shall be located on the existing structure so that a minimum distance of 1.1 times the overall height of the accessory wind energy system is maintained between the device and any property line and/or existing street right-of-way.

Noise and shadow flicker.

Audible sounds from a wind energy system shall not exceed 50 dBA, as measured from the setback line (front, side or rear) of a contiguous neighboring property. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy system shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989 titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier.

The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a nonparticipating landowner's property.

(v)

Signal interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, television or similar signals, and shall mitigate any harm caused by the wind energy system.

(w)

Decommissioning.

The facility owner and operator shall, at its expense, complete decommissioning of the wind energy system, or individual wind turbines, within 12 months after the end of the useful life of the system or individual wind turbines. The wind energy system or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

Decommissioning shall include removal of wind turbines, buildings, cabling and electrical components.

The Borough Engineer shall review and approve a cost estimate provided by the applicant, which cost estimate shall establish the total cost of decommissioning (decommissioning costs) without regard to salvage value of the equipment. Said estimates shall be submitted to Wilson Borough after the first year of operation and every fifth year thereafter.

The facility owner or operator shall post and maintain a decommissioning fund (escrow account) in an amount equal to the net decommissioning cost with the Borough. Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to Wilson Borough.

If the facility owner or operator fails to complete decommissioning as set forth herein, then the landowner shall have six months to remove the wind energy system.

If neither the facility owner or operator nor the landowner complete decommissioning within the periods prescribed, then Wilson Borough may take such measures as necessary to complete decommissioning. Wilson Borough is authorized to use the decommissioning funds held in escrow by the Borough to complete the decommissioning process.

The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the municipality concurs that decommissioning has been satisfactorily completed, or upon written approval of the municipality in order to implement the decommissioning plan.

H-11 Solar energy system: Solar energy systems include any solar collector or other solar energy device, or any structural design feature whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, for water heating or for electricity generation that may be mounted on a building or on the ground and is not the primary use of the property. Solar energy systems may include solar panels which, for purposes of this subsection, are structures containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system. Solar energy systems may be installed as ground arrays or roof mounted. The following requirements shall apply, as applicable, to solar energy systems:

The solar energy system shall conform to the area and dimensional regulations of the zoning district in which the solar energy system is installed.

All components of the system shall be considered impervious and considered as such in the calculation of the maximum impervious coverage. Impervious coverage for solar panels/collectors shall be measured when oriented at the absolute maximum horizontal plane.

No adjacent property owner shall be required to remove or cut any plant, bush, crop, or tree nor shall any solar energy system be located so that any reflection is directed toward an adjoining property.

Ground-mounted systems shall not be permitted in a front yard.

A ground-mounted system may not exceed a height of 15 feet above the ground when oriented at maximum tilt.

Permitted roof-mounted solar panels shall not exceed a height of three feet from the rooftop at any point; shall not project vertically above the peak of a sloped roof or project vertically more than five feet above a flat roof installation; and shall not exceed the maximum height requirements for the district in which it is located.

The collector surface and mounting devices for roof-mounted accessory solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. Exterior piping for solar hot water systems shall be permitted to extend beyond the perimeter of the building on side and/or rear yard exposures only.

The installation of a solar energy system shall conform to the extent applicable to the Pennsylvania Uniform Construction Code, as amended,[3] and regulations, if any, adopted by the Pennsylvania Department of Labor and Industry, and to applicable industry standards, including those of the American National Standards Institute. Manufacturer's data and certificates of design compliance shall be submitted with the zoning permit and plans.

Editor's Note: See 35 P.S. § 7210.101 et seq.

All wiring shall comply with the applicable version of the National Electric Code (NEC). The local utility provider shall be contacted by the owner to determine grid interconnection and net metering policies.

Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from the property line.

The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend the facility into the natural setting and existing environment.

Mechanical equipment associated with and necessary for the operation of the solar energy system shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other plant materials that provide a visual screen.

All solar energy system operators/owners must comply with any and all federal, state, and local regulations pertaining to solar energy and its collection for personal use.

If any of the requirements herein conflict with federal and/or state requirements then the federal and/or state requirements shall govern unless the requirements of this chapter are more stringent in which case this chapter shall govern.

Wilson City Zoning Code

ARTICLE XIII

Use Regulations

§ 170-79 Applicability.

§ 170-80 Uses by right, special exception, conditional use and uses not permitted.

A use listed in § 170-82 is not permitted in any district denoted by the letter "x."

On any parcel or tract of land only one principal use shall be permitted except where specifically permitted by this chapter.

§ 170-81 Uses subject to other regulations.

§ 170-82 Table of use regulations.

See the Table of Use Regulations included as an attachment to this chapter.

§ 170-83 Uses.

Agricultural uses.

PRECOMMERCIAL TIMBER STAND IMPROVEMENT

Definitions. The following terms shall have the meanings given in this section:

FELLING

The act of cutting a standing tree so that it falls to the ground.

FORESTRY

LANDING

A place where logs, pulpwood, or firewood are assembled for transportation to processing facilities.

LANDOWNER

LITTER

Discarded items not naturally occurring on the site such as tires, oilcans, equipment parts, and other rubbish.

LOP

To cut tops and slash into smaller pieces to allow material to settle close to the ground.

OPERATOR

An individual, partnership, company, firm, association, or corporation engaged in timber harvesting, including the agents, subcontractors, and employees thereof.

SKIDDING

Dragging trees on the ground from the stump to the landing by any means.

SLASH

Woody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.

STAND

Any area of forest vegetation whose site conditions, past history, and current species composition are sufficiently uniform to be managed as a unit.

STREAM

Any natural or artificial channel of conveyance for surface water with an annual or intermittent flow within a defined bed and bank.

TIMBER HARVESTING, TREE HARVESTING, or LOGGING

That part of forestry involving cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.

TOP

The upper portion of a felled tree that is not merchantable because of small size, taper, or defect.

Contents of logging plan:

Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails and landings;

Design, construction, and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars;

Design, construction, and maintenance of stream and wetland crossings;

The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways;

No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.

No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.

Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.

The Borough enforcement officer may go upon the site of any timber harvesting operation before, during, or after active logging to:

Review the logging plan or any other required documents for compliance with the regulations of this section; and

Inspect the operation for compliance with the logging plan and other on-site requirements of these regulations.

Residential uses.

No more than one single-family detached dwelling shall be placed on a lot, and such detached dwelling shall be occupied by not more than one single-family.

Each dwelling unit in such a structure shall be designed for occupancy of families living independently of each other.

Minimum lot area: 20,000 square feet.

Performance standards:

	Maximum Building Height in Stories	Maximum Building Coverage	Units Per Net Acre
Townhouses or row houses	2.5	45%	14
Garden apartments	3.0	45%	16
High rise for the elderly	8.0	35%	60

Such dwelling structures shall be served with adequate public water and sewer systems.

Yard planting and screening, as per § 170-87 shall be provided to effectively screen off any adjoining uses.

High-rise units for the elderly shall be designed for use primarily (65% or greater) by handicapped persons or persons at least 62 years of age.

B-4 Mobile home parks: includes the coordinated development, under single ownership, which is planned and will be improved for the placement of mobile homes occupied for dwelling purposes.

All applicable mobile home park provisions of Chapter 153, Subdivision and Land Development, as presently enacted and as may be amended.

All requirements of the Pennsylvania Department of Environmental Protection and other applicable agencies shall be met.

All mobile home parks shall be served with public water and sewer facilities.

There shall be a minimum distance of 25 feet between mobile homes.

The overall net project density shall not exceed nine dwelling units per net residential acre.

Twenty percent of the site shall be set aside in open space, and 1/2 of that amount shall be usable recreation area.

Minimum tract road frontage width shall be 300 feet.

Twenty-foot-wide buffer yard areas shall be provided along all perimeter property lines, and the area shall be screened in accordance with § 170-87.

Minimum lot area: three acres.

The minimum separation between group homes shall be 1,200 feet, as measured from the closest property lines.

There shall be no sign or other exterior indication of a group home visible from a street.

The use shall not generate pedestrian or vehicular traffic or parking in excess of what is characteristic of the district in which it is located.

A group home use shall be licensed or certified under applicable federal, state or county programs.

Religious, educational, recreational and institutional uses.

C-1 Place of worship: Such use shall include a church, synagogue, or other place of worship, as provided.

Access shall be to a primary or arterial highway as delineated in the Comprehensive Plan.

Minimum yards:

Front yard: 25 feet.

Side yard: 15 feet each.

Rear yard: 25 feet.

The minimum lot area for elementary schools, junior high schools, middle schools or high schools shall meet the minimum requirements of the Pennsylvania State Board of Education.

The site plan shall include the following:

An emergency response plan, reviewed and approved by the appropriate emergency services personnel.

An impact statement, addressing all requirements of Articles XIV through XVI.

No children's play equipment, basketball courts or illuminated recreation facilities shall be within 50 feet of a residential lot line.

Outdoor play areas shall be screened so as to protect adjacent residential neighborhoods from inappropriate noise and other disturbances.

Minimum yards shall be as follows:

Front yard: 50 feet.

Side yard: 20 feet each.

Rear yard: 50 feet.

There shall be no outdoor storage of buses on the property.

C-3 Commercial school: Such use shall include a trade, professional, music or dancing school, provided:

C-4 Library or museum: Such use shall be limited to a library or museum open to the public or connected with a permitted educational use and operated by a public or quasi-public institution.

C-5 Recreational facility: public park, nature preserve or outdoor recreation area, owned and operated by the Borough, county, state or federal government, subject to the following:

No outdoor active recreational area shall be located nearer to any lot line than 15 feet, unless the adjacent property is preserved open space or park land.

Minimum lot area shall be 10,000 square feet.

This use shall not include a shooting range or target or gun club.

A minimum lot size of 30,000 square feet is required.

No outdoor active recreational area shall be located nearer to any lot line than 25 feet.

A planted buffer 10 feet in width shall be provided where the use abuts existing residences or land zoned residential.

The use shall not be conducted as a private gainful business.

No outdoor recreational area shall be located nearer to any lot line than 15 feet.

In residential districts, private organizations and community centers shall be limited to those operated by groups which do not provide dining services and/or the service of alcoholic beverages.

The minimum lot area shall be 6,000 square feet in the R-1 and R-2 Zoning Districts, but in all other districts the minimum lot size shall be 10,000 square feet.

The facility shall meet all applicable design, site and area standards of the Pennsylvania Department of Public Welfare, Day-Care Division.

Buffer yards shall be provided if the use is located within a residential district or adjacent to a residential use or district.

The day-care center shall be screened from adjacent properties with a fence or vegetative buffer, and an adequate fenced area shall be provided.

Site design and supervision characteristics shall ensure the safety of the users.

An adult day-care center shall not be located closer than 500 feet to any other adult or child day-care center.

The minimum separation between group homes shall be 1,200 feet, as measured from the closest property lines.

The use shall not generate pedestrian or vehicular traffic or parking in excess of what is characteristic of the district in which it is located.

A group care facility use shall be licensed or certified under applicable federal, state or county programs.

A minimum of 15% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.

C-12 Hospital: a state-licensed facility subject to the following provisions:

The minimum lot area shall be 7,500 square feet.

The minimum lot width shall be 65 feet.

A hospital shall have direct access from a primary road or arterial highway.

Emergency and service entrances shall be located so as not to be offensive to adjoining residential areas.

C-13 Cemetery: A cemetery shall be limited to a burial place or graveyard, including a mausoleum, provided that:

Cemetery area and bulk regulations.

The minimum lot size shall be one acre.

For all accessory buildings, the setback line requirement shall be the same as for single-family detached dwellings in the zone in which the cemetery is located.

A buffer strip of at least 20 feet shall be provided between building or burial sites and the cemetery property line.

One dwelling, to be used for custodial personnel, may be permitted.

Cemetery design standards.

The maximum height of buildings, including dwelling units, where permitted, shall be two stories or 35 feet.

For all entrance features, including gates, fountains, statuary, identification signs and the like:

There shall be not more than two identification signs at such entrance.

No such entrance features shall exceed 12 feet in height.

Such use may be an accessory use to any place of worship.

C-15 Detention facility: Such use shall be limited to facilities owned and operated by the County of Northampton and shall be limited to the following:

A juvenile detention facility as described and regulated in 42 Pa.C.S.A. § 6327.

A penitentiary, correctional institution or prison.

C-16 Assisted living facility:

A minimum of 15% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.

At least 65% of residents must be 62 years of age or older or handicapped.

Office uses.

Office: a building for business, professional or governmental offices, provided that:

Such use shall be carried on wholly indoors and within the principal building.

No office building shall include a store, beauty shop or other personal service shop.

No office building shall include a store front, a store window or any other retail commercial characteristic which detracts materially from the character of the district or surrounding neighborhood.

No structure designed for office use erected or renovated after the effective date of this chapter shall include any dwelling unit or units.

Retail and consumer uses.

All products produced on the premises are sold on the premises.

Over-the-counter sale of alcoholic beverages in taverns and bars is not included.

Stores with a gross floor area in excess of 10,000 square feet are not included.

E-5 Eating place: An eating place shall be limited to any place for the sale and consumption of food and beverages, provided that:

Drive-in service is prohibited.

The sale of alcoholic beverages must be incidental to the sale and consumption of food.

The use must have direct access to a primary or arterial street.

There shall be only one point of ingress and only one point of egress per collector or arterial street.

A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant. If there is no sidewalk, one shall be provided along the street frontage.

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

The use must have direct access to a primary or arterial street.

All such uses shall be served by public water and public centralized sewage disposal systems.

The minimum lot area shall be 50,000 square feet.

Any retail or commercial use accessory to the hotel, motel or inn use shall be subject to the following restrictions:

The accessory use, except for a banquet, convention or conference center associated with the hotel, motel or inn, shall be principally for customers of the hotel, motel or inn.

There shall be no display of merchandise or other manifestation of commercial or retail use visible from the street or property line.

Minimum lot area: one acre.

No outdoor active recreation area shall be located nearer to any lot line than 50 feet.

Outdoor play areas shall be sufficiently screened with a planted buffer 10 feet in width.

This use does not include a shooting range or target or gun club.

E-10 Service station: A service station shall be limited to a building or group of buildings for the sale of petroleum products, tires and automotive service, provided that:

A minimum lot width of not less than 200 feet shall be provided along each street on which the lot abuts.

The minimum lot area shall be one acre.

Such use shall be located on an arterial or a higher order road.

All fuel tanks shall be placed underground.

All pumps, lifts and other service facilities shall be located not closer than 35 feet to any lot or street line.

No vehicle shall be stored in the open, except those awaiting minor repairs, for a period exceeding seven consecutive days, unless screened from adjacent or residential properties.

All lubricating, making of minor repairs or similar activities shall be performed in an enclosed building.

Separate accessways shall be provided for the safe and convenient egress and ingress of motor vehicles. No accessway shall exceed 35 feet in width nor be less than 15 feet in width.

Access to the street shall be physically controlled by a concrete curbing at least eight inches in height.

All automobile parts and similar articles shall be stored within a building.

All refuse shall be stored within a building or enclosed area.

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

Junk vehicles shall not be stored in the open at any time.

The sale or rental of automobiles, trucks, trailers or other vehicles shall be prohibited.

Convenience shopping shall be permitted as an accessory use to the sale of petroleum products, provided that:

It shall be in lieu of the sale of tires and automotive service.

The use shall occupy no more than 50% of the service station building.

Service stations designed to offer to the public self-service facilities for dispensing of gasoline and other motor vehicle fuels shall meet the following conditions:

The attendants shall be situated so as to have a clear view of the dispensing operations.

Emergency controls, including the main power shutoff, shall be conspicuously posted in the immediate vicinity of the principal control or the dispenser island.

Instructions for the operation of the dispensers shall be conspicuously posted on either the dispenser or the dispenser island.

A list of emergency procedures and instructions shall be conspicuously posted in the immediate vicinity of the principal control location of the attendant.

Fire-extinguishing and flammable liquids dispensing equipment shall be approved through National Standards testing.

At least one fire extinguisher shall be located within 25 feet of each gasoline pump.

All facilities shall be located and all services be conducted within the confines of the lot.

All preparation, lubrication, repair or similar activities shall be accessory.

E-12 Automotive body repair and paint shop: Such use shall be limited to paint spraying, body and fender work and custom body work, provided that:

All such work is performed within a building.

All related automotive parts, refuse and similar articles shall be stored within a building or enclosed area.

Spray painters must apply coatings in a spray booth.

E-13 Car wash:

A car wash shall include a water-recycling facility.

Car washes shall be designed with a stacking area adequate for six cars so that waiting cars do not interfere with traffic flow.

Such centers shall have a lot area of not less than five acres and a lot width of not less than 500 feet at the street right-of-way line.

The majority of all parking shall be provided in separate areas surrounding any group of shopping buildings.

Such centers shall be located on an arterial or higher order road.

The following uses are permitted as part of a shopping center:

	C-3	Commercial school
	C-6	Athletic facility
	D-1	Office
	D-2	Medical office
	E-1	Retail shop
	E-2	Large retail store
	E-3	Service business
	E-4	Financial establishment
	E-5	Eating place
	E-6	Eating place, drive-through
	E-9	Commercial recreation and entertainment

The shopping center shall be constructed in accordance with an overall plan and designed with a single architectural style approved by the Borough Council.

Regulations dealing with lighting, parking, outdoor storage, buffering, points of access, signs, landscaping and other applicable regulations set forth herein shall be met.

Within a tract to be used for a shopping center, subdivision of the tract into individual lots is not permitted.

E-15 Funeral home: Such use shall be limited to a mortuary or funeral home and shall not include a cemetery, columbarium, mausoleum or other permanent storage facility.

E-16 Veterinary office or clinic: Such use shall be limited to the office of veterinarian. If a kennel is part of the office or clinic, the following conditions shall apply:

Minimum lot size shall be one acre.

No animal shelter or runway shall be located closer than 100 feet to any residential building other than the owner's or closer than 50 feet to the property line.

The kennel shall be constructed so that the animals cannot stray therefrom.

All animals must be kept indoors between 10:00 p.m. and 7:00 a.m.

(17)

(18)

E-18 Adult-oriented use:

No such use shall be located within 2,000 feet of a similar use.

No display of adult-related materials depicting specified sexual activities or specified anatomical areas shall be visible from a window, door or exterior of the building.

No person under the age of 18 years of age shall be permitted within a building whose operation would be considered an adult-oriented establishment.

No more than one adult-oriented use shall be permitted within any one building or lot, and no adult-oriented use shall be permitted on the same lot as any other principal use.

No adult-oriented use may remain open at any time between the hours of 1:00 a.m. and 6:00 a.m. on weekdays and Saturdays, and 1:00 a.m. and 12:00 noon on Sundays.

The Zoning Hearing Board must determine that the adult-oriented use:

Is in general harmony with the immediate vicinity.

Does not create an atmosphere of enticement for minors.

Will not be detrimental to the public health, public safety or general welfare of the Borough.

(19)

E-19 Mixed-use building:

Mixed-use building use shall contain residential and commercial or office uses only.

Uses shall be limited to those uses permitted within the district in which it is located. In no case shall a use not permitted in the district be approved.

At least 33% of the gross floor area shall be designated for residential use.

Residential uses are not permitted on the ground floors of mixed-use buildings.

(20)

E-20 Kennel:

A minimum lot size of 0.25 acres is required.

All animals must be kept indoors between 10:00 p.m. and 7:00 a.m.

No animal shelter or runway shall be located closer than 100 feet to any residential building other than the owner's or closer than 50 feet to the property line.

The kennel shall be constructed so that the animals cannot stray therefrom.

Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.

Must comply with the requirements of the Pennsylvania Dog Law.[1]

Editor's Note: See 3 P.S. § 459-101 et seq.

(21)

E-21 Animal shelter or rescue:

A minimum lot size of 0.5 acres is required.

All animals must be kept indoors between 10:00 p.m. and 7:00 a.m.

No animal shelter or runway shall be located closer than 100 feet to any residential building other than the owner's or closer than 50 feet to the property line.

The kennel shall be constructed so that the animals cannot stray therefrom.

Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.

All such uses shall meet all applicable Pennsylvania state licensing and codes.

Public utilities and public service organizations.

Such installation must be essential to serve the Borough of Wilson.

No zoning permit shall be required for public utilities to be located in public streets or rights-of-way.

The following minimum setbacks from all property lines shall be provided:

Water tower: setback not less than the height of the tower, plus 200 feet.

Electrical substation: 50 feet.

Well facility: 100 feet.

Sewer pumping station: 50 feet.

Water treatment facility: 100 feet.

Water pump station: 20 feet.

Sewage treatment plant: 200 feet.

All other uses: 50 feet.

Minimum lot sizes shall be adequate to accommodate the above setbacks, parking requirements and other building requirements.

No parking shall be permitted within the required setbacks.

F-2 Emergency services: Emergency services shall be limited to fire, ambulance, rescue and other emergency services of a municipal or volunteer nature.

For facilities without a community room, there shall be a minimum lot size of 10,000 square feet.

For facilities with a community room, there shall be a minimum lot size of one acre.

F-3 Terminal: A terminal shall be limited to a railway station or bus station providing transportation services to the general public.

Maximum height: 150 feet.

The tower must be licensed by the Federal Communications Commission and must be reviewed and approved by the Federal Aviation Administration and any other regulatory authority with jurisdiction.

Allowable districts.

General standards for conditional use.

The applicant shall present a site plan showing the following items:

Locations of all existing uses and proposed telecommunications facilities.

Elevations and drawings of any existing uses and proposed telecommunications facilities, showing proposed width, depth, height, architectural style and structural data for any towers proposed.

Vehicular access, fencing, landscaping and any easements for access and utilities.

[d]

The applicant shall demonstrate that the height of the tower for the telecommunications facility is the minimum height necessary for the service area.

[e]

[f]

No telecommunications facilities (buildings or towers) shall be located on any site or building registered on the National Register of Historic Places.

[g]

The telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance or emergency repair.

[h]

A six-foot high security fence shall completely surround the facilities (tower, buildings and any guy wires).

[i]

An evergreen screen consisting of a row of evergreen trees planted 10 feet on center shall be provided around the outside of the security fence.

Vehicular access to the building and tower shall not interfere with the parking or circulation on the site for the principal use.

Documentation from the owner of the principal use indicating the willingness to grant an easement, lease or other interest in real estate shall be provided to the Borough.

Industrial uses.

G-2 Research: scientific or industrial research, testing or experimental laboratory or similar establishment for research or product development, provided that:

No research facility shall be a commercial production facility.

No research facility shall be permitted which constitutes a danger to the community because of combustible or radioactive materials.

The use shall be enclosed with a fence. Between the fence and the perimeter of the property there shall be a landscaped buffer planted in accordance with § 170-87.

The minimum driveway width between buildings shall be 20 feet.

No business activity other than leasing of storage units shall be permitted.

All storage shall be within enclosed buildings.

Explosive, radioactive or highly flammable materials and automobiles shall be prohibited.

G-4 Printing: Such use shall be limited to printing, publishing and binding.

G-5 Contract services: Contract services shall be limited to offices and supply shops such as building supplies, cement, electric, heating, plumbing, masonry, painting, landscaping and roofing.

G-7 Fuel storage and distribution: Such use shall be limited to fuel storage and distribution tanks and related buildings, provided that:

The minimum lot area shall be 10 acres.

No retail sales will be permitted on the premises.

Millworking is permitted as an accessory use.

Storage yards shall be fully enclosed by fencing and a landscaped buffer at least 20 feet in width.

The storage of flammable or toxic gases and liquids and the production and mixing of asphalt and concrete is prohibited.

The minimum lot area shall be three acres.

G-9 Equipment storage yards: Such use shall be limited to the rental and storage of construction equipment. No storage of junk vehicles shall be permitted.

Storage yards shall be fully enclosed by fencing and a landscaped buffer at least 20 feet in width.

The minimum lot area shall be two acres.

G-10 Truck terminal: this shall be limited to express trucking or hauling stations.

This use may not include facilities for the hauling or transfer of solid or liquid wastes.

No outdoor storage of materials or vehicles is permitted.

The minimum lot area shall be two acres.

G-12 Laundry, dry-cleaning or dyeing plant: a commercial plant for laundry, dry cleaning or dyeing.

The retail store shall be an accessory use which is clearly incidental and subordinate to the primary use G-13;

The retail store may only sell those items stored at the property in accordance with use G-13; and

The retail store may not exceed 15% of the gross floor area or 1,000 square feet, whichever is less.

The proposed use of an area shall not be detrimental to adjacent land uses.

There shall be maximum lot size of five acres.

Such use shall be a minimum of 200 feet from any public road as measured from the street line.

The land area used for such purposes shall not be exposed to public view from any residence or public street or road.

A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be four to five feet in height and planted on ten-foot staggered centers.

The contents of such use shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.

The storage of paper shall be within a building.

The storage of toxic chemicals shall be prohibited.

Dumping of trash or landfill operations and burning of any materials shall specifically be prohibited.

All such uses shall be sealed from groundwater contamination and shall provide groundwater monitoring wells.

G-15 Mineral extraction:

The activities and residual effects shall not create conditions hazardous or otherwise adverse to the value and use of adjacent properties or the well-being of the surrounding area and its residents.

A copy of all information submitted to the state agencies shall also be submitted to the Code Enforcement Officer at the same time.

The use must comply with the impervious surface, area, lot area, and dimensional requirements of the district in which the use is proposed.

Accessory uses.

Such use shall be limited to single-family detached dwellings.

There shall be no use of show windows, display or advertising visible outside the premises, except as provided for signs herein.

There shall be no exterior storage of material or building material.

No articles shall be sold or offered for sale except such as may be produced on the premises.

There shall be no stockpiling, storage or inventory of products of a substantial nature.

The home-based business shall be carried on only by inhabitants of the dwelling and not more than two additional employees.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

No more than one home-based business shall be permitted per residential dwelling.

The hours of operation shall be limited to Monday through Saturday, and activities shall occur between the hours of 8:00 a.m. to 9:00 p.m.

The business may not involve any illegal activity.

There shall be no use of show windows, display or advertising visible outside the premises.

There shall be no exterior storage or building material.

There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.

There shall be no display or sale of retail goods and no stockpiling, storage or inventory of products of a substantial nature.

The no-impact home-based business shall be carried on only by inhabitants of the dwelling.

The floor area devoted to a no-impact home-based business shall not occupy more than 25% of the ground floor of the principal residential structure or 500 square feet, whichever is less.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business may not involve any illegal activity.

H-3 Residential accessory structure: Such use shall include a residential accessory structure or use, including but not limited to:

Fences and walls in side and rear yards shall not exceed six feet in height.

These regulations shall not apply to the following:

Fences or walls required to be installed in order to comply with swimming pool fencing requirements of this chapter and/or the Borough Building Codes.

Fences or walls solely required as a result of an agricultural or horticultural use of real property.

Structures such as storage sheds, bathhouses and private greenhouses, provided that they do not exceed 15 feet in height and that they meet the following requirements:

Structures with a floor area of 144 square feet or less shall be no closer than four feet to any property line.

Structures, other than detached garages, with a floor area of more than 144 square feet shall meet the setback requirement for principal buildings for the applicable zoning district.

Such structures shall be permitted accessory uses for single-family detached dwellings only.

The impervious surface requirements of the district in which the use is located must be met and shall be calculated, including the accessory structures.

Decks attached to or immediately adjoining a dwelling unit shall not encroach more than 10 feet into a required rear yard.

H-4 Outside storage:

Outside storage areas shall occupy an area of less than 1/2 of the existing building coverage.

Outside storage areas shall be shielded from view from the public streets in accordance with the buffer requirements of this chapter.

The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods, not to exceed a total time period of two years.

Temporary nonconforming structures or uses shall be subject to authorization by the Zoning Officer or Borough Council.

Such structure or use shall be removed completely within 30 days of the expiration of the permit without cost to the municipality.

Tractor trailers shall not be permitted to be parked in residential districts except during construction.

No retail sales shall be permitted from temporary uses or structures.

The placement of all temporary structures shall be subject to the approval of the Zoning Officer.

H-6 Swimming pool: A swimming pool shall be permitted as an accessory to a residential use, provided that:

Written approval must be obtained upon inspection of the pool and subject to the discretion of the inspecting officer.

Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into the interior of adjacent residential properties.

Approved filtration systems and circulators must be provided for all pools except such exempt or nonexempt wading pools as are emptied on a daily basis as hereinafter provided.

All pool installations shall conform to all applicable building codes.

No pool shall be located under any electric power lines (including service lines), and the pool must be located at least 10 feet (measured horizontally) from such power lines.

No water shall be placed in the pool until a fence, as required by this chapter, has been completed.

Fencing of pools. Fencing of pools must comply with Appendix G of the most current adoption of the International Residential Code.

H-7 Recreational vehicles: These regulations apply to recreational vehicles which are stored on a property but are not enclosed within a garage or other building.

Recreational vehicles include travel trailers, boats, campers, snowmobiles, all-terrain vehicles, trailers for these vehicles and other similar vehicles.

Two recreational vehicles, not enclosed within a garage or other building, shall be permitted per dwelling.

Recreational vehicle parking is permitted as an accessory residential use only for single-family detached dwellings.

No such vehicle shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

No recreational vehicles stored on the property shall be closer than seven feet from any property lines.

In-law suites may contain separate cooking, sleeping, living and bathroom facilities.

The in-law suite shall occupy no more than 25% of the total usable floor area of the principal residence, not including any garage.

The required off-street parking for the principal dwelling plus one additional off-street parking space for the in-law suite shall be provided.

No more than one in-law suite shall be permitted per residential dwelling.

Each in-law suite shall be registered with the Borough Code Enforcement Officer, who shall keep record of its use to ensure compliance with this chapter.

There shall be a maximum of one device on a single parcel.

The design of the wind energy system shall conform and comply with all manufacturer's specifications and any and all applicable industry standards.

Editor's Note: See 35 P.S. § 7210.101 et seq.

All wind energy systems shall be equipped with an over speed control system in accordance with the manufacturer's specifications.

Wind turbines shall be a nonobtrusive color such as white, off-white or gray.

Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner or operator.

On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground and in accordance with applicable IRC Codes.

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

Visible, reflective, colored objects such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

Wind turbines shall not be climbable up to 15 feet above ground surface.

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

Minimum distance between the undisturbed ground at the base of the device and any protruding blade shall be 15 feet, as measured at the lowest point of arc of the blades.

Noise and shadow flicker.

The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a nonparticipating landowner's property.

(v)

Signal interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, television or similar signals, and shall mitigate any harm caused by the wind energy system.

(w)

Decommissioning.

Decommissioning shall include removal of wind turbines, buildings, cabling and electrical components.

If the facility owner or operator fails to complete decommissioning as set forth herein, then the landowner shall have six months to remove the wind energy system.

The solar energy system shall conform to the area and dimensional regulations of the zoning district in which the solar energy system is installed.

Ground-mounted systems shall not be permitted in a front yard.

A ground-mounted system may not exceed a height of 15 feet above the ground when oriented at maximum tilt.

Editor's Note: See 35 P.S. § 7210.101 et seq.

All solar energy system operators/owners must comply with any and all federal, state, and local regulations pertaining to solar energy and its collection for personal use.

Wilson City Zoning Code

ARTICLE XIII

Use Regulations

§ 170-79 Applicability.

§ 170-80 Uses by right, special exception, conditional use and uses not permitted.

A use listed in § 170-82 is not permitted in any district denoted by the letter "x."

On any parcel or tract of land only one principal use shall be permitted except where specifically permitted by this chapter.

§ 170-81 Uses subject to other regulations.

§ 170-82 Table of use regulations.

See the Table of Use Regulations included as an attachment to this chapter.

§ 170-83 Uses.

Agricultural uses.

PRECOMMERCIAL TIMBER STAND IMPROVEMENT

Definitions. The following terms shall have the meanings given in this section:

FELLING

The act of cutting a standing tree so that it falls to the ground.

FORESTRY

LANDING

A place where logs, pulpwood, or firewood are assembled for transportation to processing facilities.

LANDOWNER

LITTER

Discarded items not naturally occurring on the site such as tires, oilcans, equipment parts, and other rubbish.

LOP

To cut tops and slash into smaller pieces to allow material to settle close to the ground.

OPERATOR

An individual, partnership, company, firm, association, or corporation engaged in timber harvesting, including the agents, subcontractors, and employees thereof.

SKIDDING

Dragging trees on the ground from the stump to the landing by any means.

SLASH

Woody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.

STAND

Any area of forest vegetation whose site conditions, past history, and current species composition are sufficiently uniform to be managed as a unit.

STREAM

Any natural or artificial channel of conveyance for surface water with an annual or intermittent flow within a defined bed and bank.

TIMBER HARVESTING, TREE HARVESTING, or LOGGING

That part of forestry involving cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.

TOP

The upper portion of a felled tree that is not merchantable because of small size, taper, or defect.

Contents of logging plan:

Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails and landings;

Design, construction, and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars;

Design, construction, and maintenance of stream and wetland crossings;

The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways;

No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.

No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.

Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.

The Borough enforcement officer may go upon the site of any timber harvesting operation before, during, or after active logging to:

Review the logging plan or any other required documents for compliance with the regulations of this section; and

Inspect the operation for compliance with the logging plan and other on-site requirements of these regulations.

Residential uses.

No more than one single-family detached dwelling shall be placed on a lot, and such detached dwelling shall be occupied by not more than one single-family.

Each dwelling unit in such a structure shall be designed for occupancy of families living independently of each other.

Minimum lot area: 20,000 square feet.

Performance standards:

	Maximum Building Height in Stories	Maximum Building Coverage	Units Per Net Acre
Townhouses or row houses	2.5	45%	14
Garden apartments	3.0	45%	16
High rise for the elderly	8.0	35%	60

Such dwelling structures shall be served with adequate public water and sewer systems.

Yard planting and screening, as per § 170-87 shall be provided to effectively screen off any adjoining uses.

High-rise units for the elderly shall be designed for use primarily (65% or greater) by handicapped persons or persons at least 62 years of age.

B-4 Mobile home parks: includes the coordinated development, under single ownership, which is planned and will be improved for the placement of mobile homes occupied for dwelling purposes.

All applicable mobile home park provisions of Chapter 153, Subdivision and Land Development, as presently enacted and as may be amended.

All requirements of the Pennsylvania Department of Environmental Protection and other applicable agencies shall be met.

All mobile home parks shall be served with public water and sewer facilities.

There shall be a minimum distance of 25 feet between mobile homes.

The overall net project density shall not exceed nine dwelling units per net residential acre.

Twenty percent of the site shall be set aside in open space, and 1/2 of that amount shall be usable recreation area.

Minimum tract road frontage width shall be 300 feet.

Twenty-foot-wide buffer yard areas shall be provided along all perimeter property lines, and the area shall be screened in accordance with § 170-87.

Minimum lot area: three acres.

The minimum separation between group homes shall be 1,200 feet, as measured from the closest property lines.

There shall be no sign or other exterior indication of a group home visible from a street.

The use shall not generate pedestrian or vehicular traffic or parking in excess of what is characteristic of the district in which it is located.

A group home use shall be licensed or certified under applicable federal, state or county programs.

Religious, educational, recreational and institutional uses.

C-1 Place of worship: Such use shall include a church, synagogue, or other place of worship, as provided.

Access shall be to a primary or arterial highway as delineated in the Comprehensive Plan.

Minimum yards:

Front yard: 25 feet.

Side yard: 15 feet each.

Rear yard: 25 feet.

The minimum lot area for elementary schools, junior high schools, middle schools or high schools shall meet the minimum requirements of the Pennsylvania State Board of Education.

The site plan shall include the following:

An emergency response plan, reviewed and approved by the appropriate emergency services personnel.

An impact statement, addressing all requirements of Articles XIV through XVI.

No children's play equipment, basketball courts or illuminated recreation facilities shall be within 50 feet of a residential lot line.

Outdoor play areas shall be screened so as to protect adjacent residential neighborhoods from inappropriate noise and other disturbances.

Minimum yards shall be as follows:

Front yard: 50 feet.

Side yard: 20 feet each.

Rear yard: 50 feet.

There shall be no outdoor storage of buses on the property.

C-3 Commercial school: Such use shall include a trade, professional, music or dancing school, provided:

C-4 Library or museum: Such use shall be limited to a library or museum open to the public or connected with a permitted educational use and operated by a public or quasi-public institution.

C-5 Recreational facility: public park, nature preserve or outdoor recreation area, owned and operated by the Borough, county, state or federal government, subject to the following:

No outdoor active recreational area shall be located nearer to any lot line than 15 feet, unless the adjacent property is preserved open space or park land.

Minimum lot area shall be 10,000 square feet.

This use shall not include a shooting range or target or gun club.

A minimum lot size of 30,000 square feet is required.

No outdoor active recreational area shall be located nearer to any lot line than 25 feet.

A planted buffer 10 feet in width shall be provided where the use abuts existing residences or land zoned residential.

The use shall not be conducted as a private gainful business.

No outdoor recreational area shall be located nearer to any lot line than 15 feet.

In residential districts, private organizations and community centers shall be limited to those operated by groups which do not provide dining services and/or the service of alcoholic beverages.

The minimum lot area shall be 6,000 square feet in the R-1 and R-2 Zoning Districts, but in all other districts the minimum lot size shall be 10,000 square feet.

The facility shall meet all applicable design, site and area standards of the Pennsylvania Department of Public Welfare, Day-Care Division.

Buffer yards shall be provided if the use is located within a residential district or adjacent to a residential use or district.

The day-care center shall be screened from adjacent properties with a fence or vegetative buffer, and an adequate fenced area shall be provided.

Site design and supervision characteristics shall ensure the safety of the users.

An adult day-care center shall not be located closer than 500 feet to any other adult or child day-care center.

The minimum separation between group homes shall be 1,200 feet, as measured from the closest property lines.

The use shall not generate pedestrian or vehicular traffic or parking in excess of what is characteristic of the district in which it is located.

A group care facility use shall be licensed or certified under applicable federal, state or county programs.

A minimum of 15% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.

C-12 Hospital: a state-licensed facility subject to the following provisions:

The minimum lot area shall be 7,500 square feet.

The minimum lot width shall be 65 feet.

A hospital shall have direct access from a primary road or arterial highway.

Emergency and service entrances shall be located so as not to be offensive to adjoining residential areas.

C-13 Cemetery: A cemetery shall be limited to a burial place or graveyard, including a mausoleum, provided that:

Cemetery area and bulk regulations.

The minimum lot size shall be one acre.

For all accessory buildings, the setback line requirement shall be the same as for single-family detached dwellings in the zone in which the cemetery is located.

A buffer strip of at least 20 feet shall be provided between building or burial sites and the cemetery property line.

One dwelling, to be used for custodial personnel, may be permitted.

Cemetery design standards.

The maximum height of buildings, including dwelling units, where permitted, shall be two stories or 35 feet.

For all entrance features, including gates, fountains, statuary, identification signs and the like:

There shall be not more than two identification signs at such entrance.

No such entrance features shall exceed 12 feet in height.

Such use may be an accessory use to any place of worship.

C-15 Detention facility: Such use shall be limited to facilities owned and operated by the County of Northampton and shall be limited to the following:

A juvenile detention facility as described and regulated in 42 Pa.C.S.A. § 6327.

A penitentiary, correctional institution or prison.

C-16 Assisted living facility:

A minimum of 15% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.

At least 65% of residents must be 62 years of age or older or handicapped.

Office uses.

Office: a building for business, professional or governmental offices, provided that:

Such use shall be carried on wholly indoors and within the principal building.

No office building shall include a store, beauty shop or other personal service shop.

No office building shall include a store front, a store window or any other retail commercial characteristic which detracts materially from the character of the district or surrounding neighborhood.

No structure designed for office use erected or renovated after the effective date of this chapter shall include any dwelling unit or units.

Retail and consumer uses.

All products produced on the premises are sold on the premises.

Over-the-counter sale of alcoholic beverages in taverns and bars is not included.

Stores with a gross floor area in excess of 10,000 square feet are not included.

E-5 Eating place: An eating place shall be limited to any place for the sale and consumption of food and beverages, provided that:

Drive-in service is prohibited.

The sale of alcoholic beverages must be incidental to the sale and consumption of food.

The use must have direct access to a primary or arterial street.

There shall be only one point of ingress and only one point of egress per collector or arterial street.

A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant. If there is no sidewalk, one shall be provided along the street frontage.

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

The use must have direct access to a primary or arterial street.

All such uses shall be served by public water and public centralized sewage disposal systems.

The minimum lot area shall be 50,000 square feet.

Any retail or commercial use accessory to the hotel, motel or inn use shall be subject to the following restrictions:

The accessory use, except for a banquet, convention or conference center associated with the hotel, motel or inn, shall be principally for customers of the hotel, motel or inn.

There shall be no display of merchandise or other manifestation of commercial or retail use visible from the street or property line.

Minimum lot area: one acre.

No outdoor active recreation area shall be located nearer to any lot line than 50 feet.

Outdoor play areas shall be sufficiently screened with a planted buffer 10 feet in width.

This use does not include a shooting range or target or gun club.

E-10 Service station: A service station shall be limited to a building or group of buildings for the sale of petroleum products, tires and automotive service, provided that:

A minimum lot width of not less than 200 feet shall be provided along each street on which the lot abuts.

The minimum lot area shall be one acre.

Such use shall be located on an arterial or a higher order road.

All fuel tanks shall be placed underground.

All pumps, lifts and other service facilities shall be located not closer than 35 feet to any lot or street line.

No vehicle shall be stored in the open, except those awaiting minor repairs, for a period exceeding seven consecutive days, unless screened from adjacent or residential properties.

All lubricating, making of minor repairs or similar activities shall be performed in an enclosed building.

Separate accessways shall be provided for the safe and convenient egress and ingress of motor vehicles. No accessway shall exceed 35 feet in width nor be less than 15 feet in width.

Access to the street shall be physically controlled by a concrete curbing at least eight inches in height.

All automobile parts and similar articles shall be stored within a building.

All refuse shall be stored within a building or enclosed area.

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

Junk vehicles shall not be stored in the open at any time.

The sale or rental of automobiles, trucks, trailers or other vehicles shall be prohibited.

Convenience shopping shall be permitted as an accessory use to the sale of petroleum products, provided that:

It shall be in lieu of the sale of tires and automotive service.

The use shall occupy no more than 50% of the service station building.

Service stations designed to offer to the public self-service facilities for dispensing of gasoline and other motor vehicle fuels shall meet the following conditions:

The attendants shall be situated so as to have a clear view of the dispensing operations.

Emergency controls, including the main power shutoff, shall be conspicuously posted in the immediate vicinity of the principal control or the dispenser island.

Instructions for the operation of the dispensers shall be conspicuously posted on either the dispenser or the dispenser island.

A list of emergency procedures and instructions shall be conspicuously posted in the immediate vicinity of the principal control location of the attendant.

Fire-extinguishing and flammable liquids dispensing equipment shall be approved through National Standards testing.

At least one fire extinguisher shall be located within 25 feet of each gasoline pump.

All facilities shall be located and all services be conducted within the confines of the lot.

All preparation, lubrication, repair or similar activities shall be accessory.

E-12 Automotive body repair and paint shop: Such use shall be limited to paint spraying, body and fender work and custom body work, provided that:

All such work is performed within a building.

All related automotive parts, refuse and similar articles shall be stored within a building or enclosed area.

Spray painters must apply coatings in a spray booth.

E-13 Car wash:

A car wash shall include a water-recycling facility.

Car washes shall be designed with a stacking area adequate for six cars so that waiting cars do not interfere with traffic flow.

Such centers shall have a lot area of not less than five acres and a lot width of not less than 500 feet at the street right-of-way line.

The majority of all parking shall be provided in separate areas surrounding any group of shopping buildings.

Such centers shall be located on an arterial or higher order road.

The following uses are permitted as part of a shopping center:

	C-3	Commercial school
	C-6	Athletic facility
	D-1	Office
	D-2	Medical office
	E-1	Retail shop
	E-2	Large retail store
	E-3	Service business
	E-4	Financial establishment
	E-5	Eating place
	E-6	Eating place, drive-through
	E-9	Commercial recreation and entertainment

The shopping center shall be constructed in accordance with an overall plan and designed with a single architectural style approved by the Borough Council.

Regulations dealing with lighting, parking, outdoor storage, buffering, points of access, signs, landscaping and other applicable regulations set forth herein shall be met.

Within a tract to be used for a shopping center, subdivision of the tract into individual lots is not permitted.

E-15 Funeral home: Such use shall be limited to a mortuary or funeral home and shall not include a cemetery, columbarium, mausoleum or other permanent storage facility.

E-16 Veterinary office or clinic: Such use shall be limited to the office of veterinarian. If a kennel is part of the office or clinic, the following conditions shall apply:

Minimum lot size shall be one acre.

No animal shelter or runway shall be located closer than 100 feet to any residential building other than the owner's or closer than 50 feet to the property line.

The kennel shall be constructed so that the animals cannot stray therefrom.

All animals must be kept indoors between 10:00 p.m. and 7:00 a.m.

(17)

(18)

E-18 Adult-oriented use:

No such use shall be located within 2,000 feet of a similar use.

No display of adult-related materials depicting specified sexual activities or specified anatomical areas shall be visible from a window, door or exterior of the building.

No person under the age of 18 years of age shall be permitted within a building whose operation would be considered an adult-oriented establishment.

No more than one adult-oriented use shall be permitted within any one building or lot, and no adult-oriented use shall be permitted on the same lot as any other principal use.

No adult-oriented use may remain open at any time between the hours of 1:00 a.m. and 6:00 a.m. on weekdays and Saturdays, and 1:00 a.m. and 12:00 noon on Sundays.

The Zoning Hearing Board must determine that the adult-oriented use:

Is in general harmony with the immediate vicinity.

Does not create an atmosphere of enticement for minors.

Will not be detrimental to the public health, public safety or general welfare of the Borough.

(19)

E-19 Mixed-use building:

Mixed-use building use shall contain residential and commercial or office uses only.

Uses shall be limited to those uses permitted within the district in which it is located. In no case shall a use not permitted in the district be approved.

At least 33% of the gross floor area shall be designated for residential use.

Residential uses are not permitted on the ground floors of mixed-use buildings.

(20)

E-20 Kennel:

A minimum lot size of 0.25 acres is required.

All animals must be kept indoors between 10:00 p.m. and 7:00 a.m.

No animal shelter or runway shall be located closer than 100 feet to any residential building other than the owner's or closer than 50 feet to the property line.

The kennel shall be constructed so that the animals cannot stray therefrom.

Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.

Must comply with the requirements of the Pennsylvania Dog Law.[1]

Editor's Note: See 3 P.S. § 459-101 et seq.

(21)

E-21 Animal shelter or rescue:

A minimum lot size of 0.5 acres is required.

All animals must be kept indoors between 10:00 p.m. and 7:00 a.m.

No animal shelter or runway shall be located closer than 100 feet to any residential building other than the owner's or closer than 50 feet to the property line.

The kennel shall be constructed so that the animals cannot stray therefrom.

Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.

All such uses shall meet all applicable Pennsylvania state licensing and codes.

Public utilities and public service organizations.

Such installation must be essential to serve the Borough of Wilson.

No zoning permit shall be required for public utilities to be located in public streets or rights-of-way.

The following minimum setbacks from all property lines shall be provided:

Water tower: setback not less than the height of the tower, plus 200 feet.

Electrical substation: 50 feet.

Well facility: 100 feet.

Sewer pumping station: 50 feet.

Water treatment facility: 100 feet.

Water pump station: 20 feet.

Sewage treatment plant: 200 feet.

All other uses: 50 feet.

Minimum lot sizes shall be adequate to accommodate the above setbacks, parking requirements and other building requirements.

No parking shall be permitted within the required setbacks.

F-2 Emergency services: Emergency services shall be limited to fire, ambulance, rescue and other emergency services of a municipal or volunteer nature.

For facilities without a community room, there shall be a minimum lot size of 10,000 square feet.

For facilities with a community room, there shall be a minimum lot size of one acre.

F-3 Terminal: A terminal shall be limited to a railway station or bus station providing transportation services to the general public.

Maximum height: 150 feet.

The tower must be licensed by the Federal Communications Commission and must be reviewed and approved by the Federal Aviation Administration and any other regulatory authority with jurisdiction.

Allowable districts.

General standards for conditional use.

The applicant shall present a site plan showing the following items:

Locations of all existing uses and proposed telecommunications facilities.

Elevations and drawings of any existing uses and proposed telecommunications facilities, showing proposed width, depth, height, architectural style and structural data for any towers proposed.

Vehicular access, fencing, landscaping and any easements for access and utilities.

[d]

The applicant shall demonstrate that the height of the tower for the telecommunications facility is the minimum height necessary for the service area.

[e]

[f]

No telecommunications facilities (buildings or towers) shall be located on any site or building registered on the National Register of Historic Places.

[g]

The telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance or emergency repair.

[h]

A six-foot high security fence shall completely surround the facilities (tower, buildings and any guy wires).

[i]

An evergreen screen consisting of a row of evergreen trees planted 10 feet on center shall be provided around the outside of the security fence.

Vehicular access to the building and tower shall not interfere with the parking or circulation on the site for the principal use.

Documentation from the owner of the principal use indicating the willingness to grant an easement, lease or other interest in real estate shall be provided to the Borough.

Industrial uses.

G-2 Research: scientific or industrial research, testing or experimental laboratory or similar establishment for research or product development, provided that:

No research facility shall be a commercial production facility.

No research facility shall be permitted which constitutes a danger to the community because of combustible or radioactive materials.

The use shall be enclosed with a fence. Between the fence and the perimeter of the property there shall be a landscaped buffer planted in accordance with § 170-87.

The minimum driveway width between buildings shall be 20 feet.

No business activity other than leasing of storage units shall be permitted.

All storage shall be within enclosed buildings.

Explosive, radioactive or highly flammable materials and automobiles shall be prohibited.

G-4 Printing: Such use shall be limited to printing, publishing and binding.

G-5 Contract services: Contract services shall be limited to offices and supply shops such as building supplies, cement, electric, heating, plumbing, masonry, painting, landscaping and roofing.

G-7 Fuel storage and distribution: Such use shall be limited to fuel storage and distribution tanks and related buildings, provided that:

The minimum lot area shall be 10 acres.

No retail sales will be permitted on the premises.

Millworking is permitted as an accessory use.

Storage yards shall be fully enclosed by fencing and a landscaped buffer at least 20 feet in width.

The storage of flammable or toxic gases and liquids and the production and mixing of asphalt and concrete is prohibited.

The minimum lot area shall be three acres.

G-9 Equipment storage yards: Such use shall be limited to the rental and storage of construction equipment. No storage of junk vehicles shall be permitted.

Storage yards shall be fully enclosed by fencing and a landscaped buffer at least 20 feet in width.

The minimum lot area shall be two acres.

G-10 Truck terminal: this shall be limited to express trucking or hauling stations.

This use may not include facilities for the hauling or transfer of solid or liquid wastes.

No outdoor storage of materials or vehicles is permitted.

The minimum lot area shall be two acres.

G-12 Laundry, dry-cleaning or dyeing plant: a commercial plant for laundry, dry cleaning or dyeing.

The retail store shall be an accessory use which is clearly incidental and subordinate to the primary use G-13;

The retail store may only sell those items stored at the property in accordance with use G-13; and

The retail store may not exceed 15% of the gross floor area or 1,000 square feet, whichever is less.

The proposed use of an area shall not be detrimental to adjacent land uses.

There shall be maximum lot size of five acres.

Such use shall be a minimum of 200 feet from any public road as measured from the street line.

The land area used for such purposes shall not be exposed to public view from any residence or public street or road.

A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be four to five feet in height and planted on ten-foot staggered centers.

The contents of such use shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.

The storage of paper shall be within a building.

The storage of toxic chemicals shall be prohibited.

Dumping of trash or landfill operations and burning of any materials shall specifically be prohibited.

All such uses shall be sealed from groundwater contamination and shall provide groundwater monitoring wells.

G-15 Mineral extraction:

The activities and residual effects shall not create conditions hazardous or otherwise adverse to the value and use of adjacent properties or the well-being of the surrounding area and its residents.

A copy of all information submitted to the state agencies shall also be submitted to the Code Enforcement Officer at the same time.

The use must comply with the impervious surface, area, lot area, and dimensional requirements of the district in which the use is proposed.

Accessory uses.

Such use shall be limited to single-family detached dwellings.

There shall be no use of show windows, display or advertising visible outside the premises, except as provided for signs herein.

There shall be no exterior storage of material or building material.

No articles shall be sold or offered for sale except such as may be produced on the premises.

There shall be no stockpiling, storage or inventory of products of a substantial nature.

The home-based business shall be carried on only by inhabitants of the dwelling and not more than two additional employees.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

No more than one home-based business shall be permitted per residential dwelling.

The hours of operation shall be limited to Monday through Saturday, and activities shall occur between the hours of 8:00 a.m. to 9:00 p.m.

The business may not involve any illegal activity.

There shall be no use of show windows, display or advertising visible outside the premises.

There shall be no exterior storage or building material.

There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.

There shall be no display or sale of retail goods and no stockpiling, storage or inventory of products of a substantial nature.

The no-impact home-based business shall be carried on only by inhabitants of the dwelling.

The floor area devoted to a no-impact home-based business shall not occupy more than 25% of the ground floor of the principal residential structure or 500 square feet, whichever is less.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business may not involve any illegal activity.

H-3 Residential accessory structure: Such use shall include a residential accessory structure or use, including but not limited to:

Fences and walls in side and rear yards shall not exceed six feet in height.

These regulations shall not apply to the following:

Fences or walls required to be installed in order to comply with swimming pool fencing requirements of this chapter and/or the Borough Building Codes.

Fences or walls solely required as a result of an agricultural or horticultural use of real property.

Structures such as storage sheds, bathhouses and private greenhouses, provided that they do not exceed 15 feet in height and that they meet the following requirements:

Structures with a floor area of 144 square feet or less shall be no closer than four feet to any property line.

Structures, other than detached garages, with a floor area of more than 144 square feet shall meet the setback requirement for principal buildings for the applicable zoning district.

Such structures shall be permitted accessory uses for single-family detached dwellings only.

The impervious surface requirements of the district in which the use is located must be met and shall be calculated, including the accessory structures.

Decks attached to or immediately adjoining a dwelling unit shall not encroach more than 10 feet into a required rear yard.

H-4 Outside storage:

Outside storage areas shall occupy an area of less than 1/2 of the existing building coverage.

Outside storage areas shall be shielded from view from the public streets in accordance with the buffer requirements of this chapter.

The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods, not to exceed a total time period of two years.

Temporary nonconforming structures or uses shall be subject to authorization by the Zoning Officer or Borough Council.

Such structure or use shall be removed completely within 30 days of the expiration of the permit without cost to the municipality.

Tractor trailers shall not be permitted to be parked in residential districts except during construction.

No retail sales shall be permitted from temporary uses or structures.

The placement of all temporary structures shall be subject to the approval of the Zoning Officer.

H-6 Swimming pool: A swimming pool shall be permitted as an accessory to a residential use, provided that:

Written approval must be obtained upon inspection of the pool and subject to the discretion of the inspecting officer.

Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into the interior of adjacent residential properties.

Approved filtration systems and circulators must be provided for all pools except such exempt or nonexempt wading pools as are emptied on a daily basis as hereinafter provided.

All pool installations shall conform to all applicable building codes.

No pool shall be located under any electric power lines (including service lines), and the pool must be located at least 10 feet (measured horizontally) from such power lines.

No water shall be placed in the pool until a fence, as required by this chapter, has been completed.

Fencing of pools. Fencing of pools must comply with Appendix G of the most current adoption of the International Residential Code.

H-7 Recreational vehicles: These regulations apply to recreational vehicles which are stored on a property but are not enclosed within a garage or other building.

Recreational vehicles include travel trailers, boats, campers, snowmobiles, all-terrain vehicles, trailers for these vehicles and other similar vehicles.

Two recreational vehicles, not enclosed within a garage or other building, shall be permitted per dwelling.

Recreational vehicle parking is permitted as an accessory residential use only for single-family detached dwellings.

No such vehicle shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

No recreational vehicles stored on the property shall be closer than seven feet from any property lines.

In-law suites may contain separate cooking, sleeping, living and bathroom facilities.

The in-law suite shall occupy no more than 25% of the total usable floor area of the principal residence, not including any garage.

The required off-street parking for the principal dwelling plus one additional off-street parking space for the in-law suite shall be provided.

No more than one in-law suite shall be permitted per residential dwelling.

Each in-law suite shall be registered with the Borough Code Enforcement Officer, who shall keep record of its use to ensure compliance with this chapter.

There shall be a maximum of one device on a single parcel.

The design of the wind energy system shall conform and comply with all manufacturer's specifications and any and all applicable industry standards.

Editor's Note: See 35 P.S. § 7210.101 et seq.

All wind energy systems shall be equipped with an over speed control system in accordance with the manufacturer's specifications.

Wind turbines shall be a nonobtrusive color such as white, off-white or gray.

Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner or operator.

On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground and in accordance with applicable IRC Codes.

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

Visible, reflective, colored objects such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

Wind turbines shall not be climbable up to 15 feet above ground surface.

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

Minimum distance between the undisturbed ground at the base of the device and any protruding blade shall be 15 feet, as measured at the lowest point of arc of the blades.

Noise and shadow flicker.

The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a nonparticipating landowner's property.

(v)

Signal interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, television or similar signals, and shall mitigate any harm caused by the wind energy system.

(w)

Decommissioning.

Decommissioning shall include removal of wind turbines, buildings, cabling and electrical components.

If the facility owner or operator fails to complete decommissioning as set forth herein, then the landowner shall have six months to remove the wind energy system.

The solar energy system shall conform to the area and dimensional regulations of the zoning district in which the solar energy system is installed.

Ground-mounted systems shall not be permitted in a front yard.

A ground-mounted system may not exceed a height of 15 feet above the ground when oriented at maximum tilt.

Editor's Note: See 35 P.S. § 7210.101 et seq.

All solar energy system operators/owners must comply with any and all federal, state, and local regulations pertaining to solar energy and its collection for personal use.