Wrightsville City Zoning Code
PART 4
SUPPLEMENTAL REGULATIONS
§ 27-401 Purpose.
[9/16/2013]
These supplemental regulations are established to provide additional general and specific requirements for certain permitted, accessory, and special exception uses listed in Article III of this chapter. If the zoning district regulations are determined to be in conflict with the following general regulations, the most restrictive regulations shall be applied, unless otherwise stated.
§ 27-402 General Provisions for All Uses.
[9/16/2013]
1.
The following provisions for all uses are established in addition to those found in Part 3 of this chapter:
A.
Landscape Area. There shall be provided on all nonagricultural lots unsurfaced, open and pervious spaces which are designed to catch, collect, hold and/or absorb water runoff from roofs and other surfaced areas and prevent same from flowing or running onto adjacent properties, streets or alleys.
(1)
Landscape area shall include any part of the site which is not used for buildings, other impervious structures, loading or parking spaces and aisles, sidewalks, and any area or space which is roofed.
(3)
All landscape areas shall be planted with an all-season ground cover such as grass, ivy, vetch, pachysandra, etc., except that landscaping stone may be substituted to complement other vegetative materials.
B.
Yard and Open Space Encroachment. All front, side and rear setbacks as required by this article shall be open and unobstructed by any building or structure, or part thereof, except as provided herein.
(1)
Projections Into Required Setback.
(a)
Open, unenclosed porches may be placed in a required front setback and rear setback, providing they do not extend for a distance of more than 1/3 of the required front setback and/or rear setback area.
(b)
Steps, stoops, fire escapes, handicapped ramps, and landings necessary to provide entrance to a building may be located within a required setback area.
(c)
Architectural features, including bay windows, cornices, eaves, fireplaces, chimneys, windowsills or other architectural features, may extend not more than 24 inches into a required setback.
(d)
Lampposts and other light fixtures, sidewalks or walkways, driveways, fences and retaining walls, flagpoles, decorative lawn ornaments, bird feeders, and similar objects shall be permitted within any required setback.
C.
Buffering and Screening.
(1)
A buffer setback shall be required between residential uses or residential zoning districts and specified nonresidential uses and/or Commercial-Industrial Zoning Districts. Screening shall be required within the buffer setback.
(2)
When required, the buffer setback shall be located at the perimeter of the lot and shall not be located in any portion of a public right-of-way or proposed right-of-way.
(3)
Buildings or storage of any kind shall not be permitted in a buffer setback. Permitted uses in a buffer setback include stormwater management facilities, underground utility, picnic areas, greenways and/or pedestrian walkways.
(4)
Buffer setbacks shall not be used for parking.
D.
Fences and Walls. Fences or walls may be erected, altered and maintained in accordance with the following requirements:
(1)
Any fence or wall in the front yard shall not exceed 3 1/2 feet in height.
(2)
A fence or wall may be located on a lot line.
(3)
No fence or wall shall have a height in excess of six feet above ground level in a side or rear yard.
(4)
In the C-I District, the height of a fence or wall may be increased one foot for every full four feet by which the fence or wall is set back from the lot line.
(5)
A fence or wall located within a front yard on a corner lot shall not interfere with the clear sight triangle required for a street intersection, driveway or access drive as provided in the Borough's Subdivision and Land Development Ordinance.
E.
Limit of One Principal Use. No more than one principal use shall be permitted on a lot, unless specifically permitted by this chapter. A principal use shall not be located in an accessory building or structure.
F.
Multiple Occupancy. Occupancy of a principal commercial or industrial building by more than one use of similar type is specifically allowed, provided that all other requirements of this chapter are satisfied. Each use within a multiple use, mixed-use or multiple occupancy building shall be required to apply for separate zoning permits.
G.
Minimum Habitable Floor Area. All dwelling units must conform to the following minimum habitable floor area:
(1)
Single-family attached, single-family detached, single-family semidetached, and two-family dwelling units shall have a minimum habitable floor area of not less 700 square feet per dwelling unit.
(2)
Multifamily dwellings shall have a minimum habitable floor area of not less than 450 square feet per dwelling unit.
H.
Lighting. When any property is illuminated at night, such illumination shall be so designed and located that the light sources are shielded from adjoining properties and streets. No beams of light shall be directed toward adjacent properties or streets. No lighting shall be utilized in such a manner to produce a noxious glare or a light intensity greater than one footcandle beyond the lot boundaries.
I.
Prohibited Uses.
(1)
All uses not listed in a zoning district shall be prohibited in that zoning district, except as provided for in § 27-107 of this chapter.
(2)
The housing or keeping of any animal and plant species considered to be threatened or endangered by the United States Fish and Wildlife Service are strictly prohibited.
J.
Public Utility Exemption. This article shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and the municipality in which the building or proposed building is located have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings.
K.
Temporary Use and Structure. A temporary use permit may be issued by the Zoning Officer for structures or uses accessory during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions:
(1)
The life of such permit shall not exceed one year, unless authorized by the Zoning Hearing Board.
(2)
Temporary structures may be erected in conjunction with a temporary use subject to approval by the Zoning Officer.
(3)
A permit shall be required and prominently displayed throughout the event.
(4)
No more than four events may be held during one calendar year by any one applicant and at any one location.
(6)
Temporary structures or uses in conjunction with an active construction project or land development shall be exempt from the provisions of this subsection.
(7)
Garage and Yard Sales.
(a)
Within any zoning district, an owner and/or occupant of a residential use may conduct up to four garage/yard sales per calendar year.
(b)
No garage/yard sale shall be conducted for a period longer than three consecutive days.
(c)
Such sales may offer for sale personal possessions; no import or stocking of inventory shall be permitted.
(8)
Temporary Retail Sales.
(a)
Only one temporary retail sales event may take place on a lot at any given time.
(b)
Temporary retail sales hours of operation shall be limited to the hours of 6:00 a.m. to 10:00 p.m.
(c)
Temporary retail sales may take place in parking areas subject to maintaining sufficient parking for all uses located on that site.
(d)
Temporary retail sales shall not disrupt the daily operations of the principal business located on the lot.
§ 27-403 Accessory Structures and Uses.
[9/16/2013]
1.
The following regulations for accessory structures and uses shall supplement the regulations set forth in this chapter in each zoning district. Accessory uses are all structures and uses customarily incidental and subordinate to any principal use permitted by right or special exception use. Accessory uses are permitted by right, provided that they meet the criteria set forth in this chapter.
A.
General Requirements. The following regulations shall apply to any and all accessory uses and structures wherever situated.
(1)
Buildings or structures attached to or forming an integral part of a principal building or structure and utilized for an accessory use shall not be considered as accessory buildings or structures and shall conform to all requirements for a principal structure for the zone in which situated.
(2)
Accessory buildings, structures or uses shall not be located between the principal building, structure or use and any street right-of-way, except for double frontage or reverse frontage lots, where the accessory structure may be located to the rear of the principal structure. An alley shall not be considered a street right-of-way in this instance.
(3)
Setbacks for accessory buildings and structures shall be as follows:
(a)
From each street, a minimum of 25 feet from the right-of-way of such street, or the setback of the principal structure, whichever is greater.
(b)
From each alley, a minimum of 10 feet from the right-of-way of such alley.
(c)
From each abutting property line, a minimum of three feet from the property line plus one foot for each foot of building eave height in excess of eight feet, to a maximum required setback of 10 feet. Eave height shall be determined by measuring from the finished floor to the highest rain drip-off edge of the roof.
(4)
Except as specifically provided for elsewhere in this chapter, the maximum height for all accessory structures shall 25 feet.
B.
Accessory Dwelling Unit.
(1)
There shall be permitted one accessory dwelling unit for each principal permitted residential single-family detached dwelling.
(2)
The accessory dwelling unit shall be clearly subordinate to the principal dwelling unit.
(3)
All accessory dwelling units shall be subject to the following:
(a)
Located on the same parcel as the principal single-family dwelling.
(b)
The accessory dwelling unit may be within existing single-family dwellings or in a separate preexisting structure such as detached garage or accessory building.
(c)
All accessory dwelling units shall have a minimum habitable floor area of not less than 450 square feet and not exceed more than 25% of the primary residence.
C.
Alternative Energy Systems.
(1)
All permitted and special exception uses shall be permitted one alternative energy system comprised of the following:
(a)
One wind energy system;
(b)
Any number of roof-mounted solar collectors; and/or
(c)
No more than 300 square feet of ground-mounted solar panels, except when accessory to an agricultural operation. The total surface area of ground-mounted solar panels shall not be counted towards impervious lot coverage.
(2)
All accessory alternative energy systems shall be designed for private use.
(3)
Wind Energy Systems (Including Windmills):
(a)
No wind energy system shall be located on a parcel less than 40,000 square feet.
(c)
No windmill for private use shall be greater than 100 kWh.
(d)
No windmill for private use shall be greater than 100 feet in height.
(e)
No windmill shall be permitted which is designed to have any vane, sail or rotor blade to pass within 30 feet of the ground.
(f)
All electrical wiring leading from a windmill shall be located underground.
(g)
Windmills may be located within the required rear or side yards, provided no vane, sail or rotor blade or any part of the energy system extends beyond the property line; and they are no closer than 1.1 times their height from the nearest inhabitable structure not located on the same parcel as the windmill.
(4)
Anaerobic manure digesters and outdoor hydronic heaters, and similar devices are strictly prohibited.
D.
Bed-and-Breakfast.
(1)
The bed-and-breakfast shall be operated only by members of the immediate family residing therein.
(2)
There shall be no more than four guest rooms, and no more than two guests per room.
(3)
The maximum stay shall be no more than 30 consecutive days.
(4)
Residential dwellings that are converted to a bed-and-breakfast must maintain the appearance of a single-family detached dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall and in no case on a front or side wall facing a street.
(5)
Except as may be necessary for purposes of safety in accordance with the preceding subsection, there shall be no major structural change in the exterior of the building in connection with the bed-and-breakfast use.
(6)
There shall be no separate cooking facilities in any guest room.
E.
Cottage Industry.
(1)
A cottage industry may be for making furniture, a shop for woodworking and arts and crafts, a machine shop, appliance repair, medical and dental labs and other similar uses.
(2)
The cottage industry shall be primarily conducted by members of the family who reside in the house; however, there may be no more than two nonresident employees.
(3)
Detached buildings used for the cottage industry shall comply with all setback and height requirements for the zoning district in which the use is located.
(4)
All cottage industries conducted within the principal building shall not exceed 25% of the total habitable floor area of the building.
(5)
The character or external appearance of the dwelling must be that of a dwelling, and will not involve any dimensional alteration to any existing building.
(6)
The premises must at all times be kept safe, neat and orderly.
(7)
The use will not result in an increase in traffic and shall not emit noise, odors, vibration, glare and other nuisances beyond the property boundary.
(8)
Two off-street parking spaces shall be provided for visitors and one off-street parking space for each nonresident employee, in addition to those required for the residential use.
F.
Drive-Through Facility. Drive-through facilities shall be permitted as accessory to commercial uses, subject to the following:
(1)
The drive-through lane or canopy shall not be located between the principal building and a public right-of-way.
(2)
The drive-through lane or canopy may be located in side yard or rear yard setback areas.
(3)
No drive-through lane or canopy shall be situated less than five feet from any lot line or located within 20 feet of the street right-of-way.
(4)
No canopy shall be less than eight feet six inches above grade.
(5)
All signage except clearance or directional signs are prohibited on the canopy.
G.
Family Day-Care Home.
(1)
A family day-care home may be permitted as an accessory use to a single-family detached dwelling.
(2)
Up to six children or adults who are not related to the caregiver may receive care in a family day-care home.
(3)
All family day-care homes shall hold a family care home certificate of registration from the Pennsylvania Department of Public Welfare in order to legally operate.
(4)
All family day-care homes shall conform to 55 Pa. Code, Chapter 3290, Family Day-Care Homes, as may be amended from time to time.
I.
No-impact home-based businesses shall be permitted in all zones as an accessory use secondary to the use of a property as a residential dwelling, provided all of the following criteria are met:
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(5)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(6)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(7)
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.
(8)
The business may not involve any illegal activity.
K.
Sheds, Garden and Tool Storage; Greenhouses.
(1)
Accessory sheds and greenhouses shall not exceed 500 square feet in size and 15 feet in height.
(2)
Setbacks for accessory sheds and greenhouses shall be as follows:
(a)
From each street, a minimum of 25 feet from the right-of-way of such street, or the setback of the principal structure, whichever is greater.
(b)
From each alley, a minimum of 10 feet from the right-of-way of such alley.
(c)
From each abutting property line, a minimum of three feet from the property line plus one foot for each foot of building eave height in excess of eight feet, to a maximum required setback of 10 feet. Eave height shall be determined by measuring from the finished floor to the highest rain drip-off edge of the roof.
L.
Swimming Pool.
(1)
Swimming pools with a surface area of 100 square feet or more, or a depth in excess of two feet, shall be completely surrounded by a fence or wall not less than four feet in height.
(2)
No swimming pool may be erected in the front yard, or closer than six feet to a side yard or rear yard lot line.
(3)
All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching and locking device for keeping the gate or door securely closed at all times when not in actual use, except the door of any dwelling which forms a part of the enclosure is equipped with an alarm.
(4)
No permanent swimming pool structure shall be permitted without an operable filtration system utilizing chlorine, bromine or some other antibacterial agent.
(5)
All pool installations shall conform to all applicable building codes.
(6)
Conventional wading pools less than the area and depth requirements in Subsection L(1) above shall be exempt from fencing and filtration requirements.
(7)
Water from a pool shall not be discharged directly onto or within 20 feet of any public right-of-way, or onto or within adjacent property without the owner's consent.
§ 27-404 Specific Use Standards.
[9/16/2013]
1.
This section sets forth the specific use standards that shall be applied to each use identified herein, all of which shall be satisfied prior to approval of any application for a certificate of use and occupancy permit, and/or special exception use.
2.
In addition to the specific use standards set forth in this section, standards and provisions in the following shall be complied with, as applicable:
E.
All applicable federal and state statutes and laws.
3.
All uses identified subsequently herein must comply with the general provisions for uses within the particular zoning district or districts in which the use is to be located. In the event different standards are established herein, the more restrictive shall apply.
A.
Specific Uses.
(1)
Adult Regulated Business.
(a)
An adult regulated business shall not be permitted to be located within 500 feet of any other adult-oriented business.
(b)
An adult regulated business shall not be permitted to be located within 500 feet from the property line of any public or private school, day-care facility, playground or public recreation facility, or house of worship.
(c)
An adult regulated business shall not be located within 100 feet of the property line of any residential dwelling or residential zoning district.
(d)
No materials, merchandise, film or service offered for sale, rent, lease, loan or for view shall be exhibited, displayed or graphically represented outside of a building or structure.
(e)
Any building or structure used and occupied as an adult-oriented business shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service or entertainment are exhibited or displayed and no sale materials, merchandise, film or other offered items of service shall be visible from outside the structure.
(f)
No sign shall be erected upon the premises depicting or giving a visual representation of the type of material, merchandise, film, service or entertainment offered therein.
(g)
Each and every entrance to the structure shall be posted with a notice of at least four square feet that the use is an adult-oriented business that persons under the age of 18 are not permitted to enter and warning all others that they may be offended upon entry.
(h)
The following activities shall not be permitted within or on the grounds of any adult-oriented business: sexual intercourse, deviate sexual intercourse as defined by the Pennsylvania Crimes Code, fondling the genitals, or nudity.
(2)
Amusement Establishment.
(a)
All buildings housing an amusement establishment shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.
(b)
No audio speakers or equipment shall be installed inside or outside the location of such use that would cause sounds to emanate beyond the property line of the activity.
(c)
Adult supervision shall be provided at all times at the facility.
(d)
Hours of operation shall be limited to the hours between 9:00 a.m. and 10:00 p.m. if the entertainment is outdoors.
(3)
Apartment House.
(a)
No more than four apartments shall be permitted per single-family dwelling.
(b)
No structural alteration of the building exterior shall be made except as may be necessary for purposes of safety. Fire escapes, where required by other regulatory statutes, shall be in the rear of the building and shall not be located on any wall facing a street.
(4)
Automotive and Motor Vehicle Fueling, Sales, Service and Repair Establishments.
(a)
All motor vehicles, automotive parts, refuse, and similar articles shall be stored within an enclosed building or enclosed area not visible from a public right-of-way, excepting a dealership or repair facility may store motor vehicles in operating condition and meeting Pennsylvania inspection requirements outside of a building.
(b)
Fuel pumps shall be set back at least 25 feet from any street right-of-way or 50 feet from the street center line, whichever is greater, and 30 feet from all parking areas.
(c)
The repair or replacement of automotive structural parts, including paint spraying and body and fender work, must take place within an enclosed area.
(5)
Boarding House, Rooming House, or Lodging House.
(a)
There shall be no more than three guest rooms or suites per boarding/rooming/lodging house with a maximum of six persons.
(b)
A boarding house, rooming house or lodging house shall be owner-occupied with the owner of the structure residing on the premises.
(c)
All boarding/rooming/lodging houses shall comply with applicable rules and regulations affecting health and safety administered by federal, state or local agencies.
(6)
Camp or Campground.
(a)
All campsites shall be located at least 50 feet from any side or rear property line and at least 100 feet from any street line.
(b)
There shall be no more than 20 camping sites allowed per acre.
(c)
Each campsite shall abut an access drive no less than 20 feet in width for two-way traffic and 12 feet in width for one-way access.
(d)
Outdoor play areas shall be sufficiently screened and insulated so as to protect neighboring properties from inappropriate noise and other disturbances.
(e)
A maximum of one permanent dwelling shall occupy the lot on a year-round basis. No other structure, including tents, travel trailers, and recreational vehicles shall be occupied on the lot for more than 28 consecutive days and for more than 180 days in any calendar year.
(f)
All waste from shower, toilet, and laundry facilities shall drain into an approved sewage disposal system approved by the Borough.
(g)
Campgrounds may include a camp store for sales of routine items to campers, recreational facilities for campers, and other customary campground uses that are incidental and accessory to the principal use.
(7)
Car Wash.
(a)
All car washes shall have direct vehicular access onto an arterial or collector street as designated in the Borough's Comprehensive Plan.
(b)
Automatic, semi-automatic, and self-service car washes shall be limited to the cleaning and waxing of vehicles.
(c)
The lot shall be graded in such a way that process water shall not run off across the lot, onto any adjacent lot, or onto a public street.
(d)
Public sewer and water services shall be utilized, and the recycling of gray water is required. Provision for the adequate collection and disposal of greases shall be demonstrated.
(8)
(9)
Communications Tower and/or Antenna.
(a)
All proposed communications towers and antennas shall comply with all applicable licensing, location, construction, and operating standards established by the Federal Communications Commission, Federal Aviation Administration, and Pennsylvania Bureau of Aviation.
(b)
The applicant shall demonstrate that the proposed communications antenna cannot be reasonably located on existing structures for one or more of the following reasons:
1)
The proposed antenna and related equipment would exceed the structural capacity of all existing structures and its reinforcement cannot be accomplished at a reasonable cost.
2)
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment which cannot be prevented at a reasonable cost.
3)
There are no existing structures that have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
4)
The addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
5)
There are no willing or able landowners.
(c)
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot, which lot meets the minimum lot area requirements for the zoning district.
(d)
A land development plan in compliance with the Borough's Subdivision and Land Development Ordinance shall be required for a new or leased parcel on which a communications tower is to be constructed.
(e)
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
(f)
The maximum height of any communications tower shall be 150 feet.
1)
The height may be increased to no more than 200 feet, provided the required setbacks from adjoining property lines are increased by one foot for each one foot of height in excess of 150 feet.
(g)
The communications equipment building shall comply with the required setbacks and height requirements of the applicable zoning district for an accessory structure.
(h)
A Pennsylvania registered professional engineer shall certify that the proposed tower will be designed and constructed in accordance with the current revision of EIA 222, "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures," published by the Electronic Industries Alliance/Telecommunications Industry Association.
(i)
A copy of owner/operators current Federal Communications Commission license, the name, address and emergency telephone number for the operator of the communications tower and a certificate of insurance for general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas shall be filed with Borough.
(j)
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure. The guy wires shall be clearly marked as to make the wires visible in the dark. Such markings are not to include lights.
(k)
The site of a communications tower shall be secured by a fence to limit accessibility by the general public.
(l)
No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency.
(m)
The owner, licensee or operator shall annually certify to Borough that the tower is structurally sound and remains in use.
(n)
Communications towers and facilities must be removed within one year after cessation of use.
1)
Sufficient security in an amount to be determined by the Borough shall be posted by performance bond or letter of credit to guarantee compliance with all aspects of the removal.
(o)
Communications antennas shall not cause radio frequency interference with other communications facilities located in Borough.
(p)
All communications antennas proposed to be mounted on an existing building or structure shall comply with the following:
1)
Such antennas may exceed the height limitations of the applicable zoning district by no more than 20 feet.
2)
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
3)
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
4)
A Pennsylvania registered professional engineer shall certify that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
5)
Detailed construction and elevation drawings indicating how the antennas will be mounted on the structure shall be submitted for review by the Borough Engineer for compliance with Borough ordinances.
6)
Agreements and/or easements providing access to the building or structure on which the antennas are to be mounted for installation and maintenance of the antennas and communications equipment building shall be filed with the Borough Office.
(10)
Community Center. All outdoor recreational areas shall be set back at least 50 feet from any property line abutting a residential dwelling.
(11)
Convalescent or Nursing Home.
(a)
Documentation shall be filed with the Borough that the facility meets any applicable licensing requirements and all applicable local, state and federal regulations.
(b)
Any outdoor recreation areas shall be secured with a fence and adequately screened from neighboring properties.
(c)
Supervisory personnel, as required by local, state or federal regulations, shall be on the premises at all times.
(12)
Convenience Store.
(b)
If a convenience store serves prepared food that is to be consumed on site, it shall comply with the provisions for a restaurant included in this section.
(c)
For all convenience stores dispensing fuel, the fuel pumps shall be set back at least 25 feet from any street right-of-way or 50 feet from the street center line, whichever is greater, and 30 feet from all parking areas.
(13)
Crematorium.
(a)
Documentation that all applicable federal, state and local permits have been obtained shall be filed with the Borough.
(b)
The facility shall be constructed, installed, operated and maintained consistent with all manufacturers' specifications and all applicable federal, state and local permits.
(c)
No offensive odor shall extend beyond the property boundaries. For the purpose of this chapter, an offensive odor is an unpleasant odor extending beyond the property boundaries discernible by two or more Borough officials within a twenty-four-hour period.
(d)
No crematorium shall be located within 500 feet from any residential dwelling.
(14)
Domiciliary Care Home.
(a)
Documentation shall be filed with the Borough that the facility meets any applicable licensing requirements and all applicable local, state and federal regulations.
(b)
Any outdoor recreation areas shall be secured with a fence and adequately screened from neighboring properties.
(c)
Supervisory personnel, as required by local, state or federal regulations, shall be on the premises at all times.
(15)
Dwelling, Multifamily.
(b)
The off-street parking requirement may be reduced to one space per unit if the apartments are designed for elderly or handicapped residents and limited to one-bedroom units. All parking spaces shall be located in a central common parking area.
(c)
A maximum of two access driveways are permitted to provide access to the common parking area from public streets. Under no circumstances shall parking be permitted at the edges of the development adjacent to existing public streets.
(d)
The minimum separation between apartment or condominium buildings shall be 50 feet.
(16)
Electric Generation Facility.
(a)
This subsection shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
(b)
A fence no less than eight feet in height shall be installed around all electrical-generating facilities.
(c)
Copies of all required licenses and permits from applicable federal, state and local governmental agencies shall be filed with the Borough.
(d)
The name, address and emergency telephone number for the operator of the electrical-generating facility shall be supplied to the Borough.
(e)
The facility operator shall provide evidence to the Borough of a certificate of insurance evidencing general liability and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the electric-generating facility.
(f)
If the facility remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the facility within six months of notice to do so by the Borough.
1)
The owner or operator of the facility shall post security in a form acceptable to the Borough favoring the Borough in an amount to cover removal of the facility and site cleanup.
(g)
A buffer yard shall be provided in accordance with § 27-402, Subsection 1C, herein. All buffer yards adjacent to or abutting residential uses or residential zoning districts shall provide a screening of evergreen trees with a minimum eight foot tree planting height and a minimum planting width of 12 feet between each tree.
(h)
The following provisions shall apply to all wind power-generating facilities:
1)
The applicant shall demonstrate that the windmills are at the minimum height required to function satisfactorily according to industry standards. No windmill that is taller than this minimum height shall be approved.
2)
No windmill shall be located closer to any property line than its height plus the normal setback for the district.
3)
No windmill shall be located less than 500 feet from a residential dwelling not owned by the owner of the wind power-generating facility or residential zone boundary.
4)
The applicant shall demonstrate that the proposed windmills are safe and the surrounding areas will not be negatively affected by structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference.
5)
All windmills shall be fitted with anticlimbing devices, as approved by the manufacturer(s).
6)
The applicant shall submit certification from a Pennsylvania registered professional engineer that the proposed windmill(s) and support structure(s) will be designed and constructed in accord with accepted engineering practices and all requirements of any applicable construction code.
7)
All windmills shall comply with all applicable Federal Aviation Administration (FAA), or successor agency and PennDOT Bureau of Aviation regulations. No windmill may be artificially lighted except as required by FAA or PennDOT Bureau of Aviation requirements.
(18)
Fairgrounds.
(a)
All retail sites and games/rides shall be located at least 50 feet from any side or rear property line and at least 100 feet from any street line.
(b)
There shall be no more than 20 individual retail sites allowed per acre.
(c)
Fairground areas shall be sufficiently screened and insulated so as to protect neighboring properties from inappropriate noise and other disturbances.
(d)
A maximum of one permanent dwelling shall occupy the lot on a year-round basis. No other structure, including tents, travel trailers, and recreational vehicles shall be occupied on the lot for more than 28 consecutive days and for more than 180 days in any calendar year.
(e)
All waste from shower, toilet, and laundry facilities shall drain into an approved sewage disposal system approved by the Borough.
(f)
Any animals involved in exhibition or show must be suitable prevented from escape from the property.
(19)
Farmers' Market.
(a)
At least 75% of the displayed inventory of the products sold in a farmers' market shall be farm products or value-added farm products.
(b)
Unenclosed farmers' markets may operate between the hours of 7:00 a.m. and 9:00 p.m. but in no event may a market operate more than three days per week. Setup of market operations shall begin no earlier than 6:00 a.m. and take-down shall end no later than 10:00 p.m.
(21)
Funeral Home.
(a)
Evidence that the use is in compliance with all applicable federal, state, and local statutes or ordinances and required permits and licenses shall be filed with the Borough.
(22)
Golf Course.
(a)
A golf course, chip-and-putt course or miniature golf course may include a restaurant food stand, pro shop or clubhouse that is incidental and accessory to the principal use.
(b)
No fairway, tee box or green shall be located closer than 100 feet to the property line of an existing residential dwelling or to the existing right-of-way line of any public street.
(23)
Government Facility. See "municipal building or facility" in this section.
(24)
Group Day-Care Home, Child.
(a)
Documentation shall be filed with the Borough that the facility meets the Pennsylvania Department of Public Welfare licensing requirements and all applicable local, state and federal regulations.
(b)
Any outdoor recreation or activity areas shall be located in a side or rear yard, secured with a fence, and adequately screened from neighboring properties.
(25)
Group Day-Care Home, Adult.
(a)
Documentation shall be filed with the Borough that the facility meets the Pennsylvania Department of Aging licensing requirements and all applicable local, state and federal regulations.
(b)
Any outdoor recreation areas shall be secured with a fence and adequately screened from neighboring properties.
(26)
Group Home.
(a)
There shall be adequate supervision by person(s) trained in the field for which the group home is intended. Such adequacy shall be determined by the Pennsylvania Department of Public Welfare.
(b)
Any group home involving three or more unrelated persons living in a dwelling unit or that is otherwise required to be licensed or certified under any applicable federal, state or local program shall be certified or licensed, as applicable, as a condition of Borough approval. A copy of any such license or certification shall be filed with the Borough and shall be required to be shown to the Zoning Officer upon request. The group home shall notify the Borough, in writing, within 14 days if there is a change in the type of clients, the sponsoring agency, the maximum number of residents or if an applicable certification/license expires, is suspended or is withdrawn.
(c)
For fire and safety purposes, the group home shall register with the Borough its location, sponsoring agency, general type of treatment/care, maximum number of residents permitted and the exact location of the bedrooms of the individuals who need assistance with evacuation in the event of any actual fire. Such information shall be available for public review upon request.
(d)
A group home shall not house persons who can reasonably be considered to be a physical threat to others, as determined by the Pennsylvania Department of Public Welfare.
(e)
The number of persons who may reside in a group home shall not restrict or include bona fide employees who are needed in the group home to supervise and care for residents.
(27)
Group Quarters.
(a)
A minimum of 250 square feet of habitable floor area shall be provided for each occupant.
(b)
A common kitchen and dining facility shall be provided and no cooking or dining facilities shall be provided in individual rooms or suites.
(c)
Facility operators shall be responsible for meeting all state and federal licensing and registration requirements and shall provide proof of compliance. Operators shall provide copies of all certificates and licenses to the Borough.
(28)
Halfway House.
(a)
Facility operators shall be responsible for meeting all state and federal licensing and registration requirements and shall provide proof of compliance. Operators shall provide copies of all certificates and licenses to the Borough.
(b)
Any outdoor recreation areas shall be secured with a fence and adequately screened from neighboring properties.
(c)
Supervisory personnel, as required by local, state or federal regulations, shall be on the premises at all times.
(29)
Home Occupation.
(a)
A home occupation may be a barber shop or beauty shop, a pet grooming business, a real estate agent's or insurance agent's office, physician offices, dental offices, attorney offices, bake shops, handcraft shops, or similar uses.
(b)
The home occupation shall be primarily conducted by members of the family who reside in the house; however, there may be no more than one nonresident employee.
(c)
All home occupations conducted within the principal building shall not exceed 25% of the total habitable floor area of the building.
(d)
The character or external appearance of the dwelling unit must be that of a dwelling, and will not involve any dimensional alteration to any existing building.
(e)
The premises must at all times be kept neat and orderly.
(f)
The use will not result in a substantial increase in traffic.
(g)
Two off-street parking spaces shall be provided for visitors and a nonresident employee, in addition to those required for the residential use.
(h)
Home occupations such as notary public, insurance, tax preparation, and similar uses, where the sole employee is an occupant of the residence, shall provide one off-street parking space for visitors.
(30)
Hospital.
(a)
A hospital shall have direct vehicular access onto an arterial or collector street as designated in the Borough's Comprehensive Plan.
(b)
A minimum of two points of access in compliance with the requirements of all applicable local regulations.
(c)
A hospital may include various accessory uses that are customarily incidental to and in direct support of the primary health care mission of the hospital, including but not limited to medical and administrative offices, medical laboratory or blood donor station, patient hostel and staff dormitory, ambulance service, pharmacy and gift shop.
(d)
The principal and accessory uses comprising the hospital may be located in a single building or may consist of several buildings located on one or more lots.
(e)
The required number of parking spaces shall be the sum of the parking requirements for each separate principal and accessory use.
(f)
The applicant shall furnish a traffic study based upon the expected number of vehicle trips generated from the proposed use and the current traffic volumes on roads connecting the site with arterial roads. Such study shall comply with applicable Borough ordinances and regulations and identify any resulting traffic congestion or safety problems, as well as mitigation measures.
(31)
Hotel or Motel.
(a)
All hotels and motels with more than 50 rooms shall have direct vehicular access onto an arterial or collector street as designated in the Borough's Comprehensive Plan.
(b)
The height limit for principal buildings may exceed 45 feet as long as each required setback is increased in width one foot for each additional foot of height over 45 feet to a maximum height of 60 feet.
(c)
A restaurant, meeting rooms, ballrooms and other convention type facilities may be permitted as accessory uses.
(d)
Individual guest rooms and suites may include cooking appliances such as coffee makers and microwave ovens.
(e)
The applicant shall furnish a traffic study based upon the expected number of vehicle trips generated from the proposed use and the current traffic volumes on roads connecting the site with arterial roads. Such study shall comply with all applicable Borough ordinances and regulations and acceptable to the Borough Engineer; and identify any resulting traffic congestion or safety problems, as well as mitigation measures.
(32)
House of Worship.
(a)
Evidence that the proposed use is a bona fide nonprofit religious organization shall be filed with the Borough.
(33)
Junkyard, Auto Recycling Center.
(a)
No refuse shall be deposited and no building or structure shall be located within 200 feet of the nearest property line.
(b)
All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Borough's Comprehensive Plan.
(c)
All junkyards and similar uses shall be completely surrounded by an eight-foot-high solid fence or wall. Said fence or wall shall not be located in setback areas or within required buffer areas.
(d)
All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a screening of evergreen trees with a minimum eight-foot tree planting height and a minimum planting width of 12 feet between each tree. At maturity, the vegetative screen shall provide an opaque visual barrier.
(34)
Kennel.
(a)
All kennels shall fully comply with Pa. Act 225 of 1982 (P.L. 784, No. 225, 3 P.S. § 459-101 et seq.), known as the "Dog Law," as amended.
(b)
No kennel or animal shelter shall be located closer than 200 feet from any residential use.
(c)
All kennels, fenced enclosures and runs shall be sufficiently screened and insulated so as to protect neighboring properties from inappropriate noise, odor and other disturbances.
(d)
All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a fence and vegetative screen so as to form an effective visual barrier consisting of a minimum six-foot-high wall or solid fence; and evergreen trees with a minimum five-foot tree planting height and a minimum planting width of 12 feet.
(e)
Provision shall be made for adequate disposal of animal waste.
(f)
The boarding of wild and feral animals and animal species considered to be threatened or endangered by the United States Fish and Wildlife Service are strictly prohibited.
(35)
Landfill, Sanitary; Resource Recovery Facility.
(a)
No refuse shall be deposited and no building or structure shall be located within 200 feet of the nearest property line.
(b)
All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Borough's Comprehensive Plan.
(c)
All landfills or similar uses shall be completely surrounded by an eight-foot high fence so constructed that no opening will be greater than six inches in any dimension. Said fence shall not be located in setback areas or within required buffer areas.
(d)
All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a screening of evergreen trees with a minimum eight-foot tree planting height and a minimum planting width of 12 feet between each tree. At maturity, the vegetative screen shall provide an opaque visual barrier.
(e)
All landfills or similar uses shall comply with all applicable requirements of the Pennsylvania Department of Environmental Protection.
(36)
Laundry and/or Dry-Cleaning Establishment.
(a)
All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Borough's Comprehensive Plan.
(b)
All activity and operations of the establishment, except parking, must be within the facility.
(c)
Garments may be collected at off-site pickup stations for laundering and dry cleaning in this use.
(37)
Manufacturing, Heavy and Light.
(a)
All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Borough's Comprehensive Plan.
(b)
All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a screening of evergreen trees with a minimum eight-foot tree planting height and a minimum planting width of 12 feet between each tree. At maturity, the vegetative screen shall provide a semi-opaque visual barrier.
(38)
Medical Office or Medical Clinic.
(a)
A medical office or medical clinic may include administrative offices, waiting rooms, treatment rooms, pharmacies and dispensaries directly associated with the medical office or medical clinic.
(b)
Services provided shall be those that do not require overnight stay.
(c)
The facility shall comply with all applicable federal, state, and local regulations and shall be licensed as required by the Commonwealth of Pennsylvania.
(39)
Methadone Treatment Facility.
(a)
Notwithstanding any other provision of law to the contrary and except as provided in Subsection 3A(39)(b), a methadone treatment facility shall not be established or operated within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.
(b)
The provisions of this subsection shall apply whether or not an occupancy permit or certificate of use has been issued to the owner or operator of a methadone treatment facility for a location that is within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.
(c)
Notwithstanding Subsection 3A(39)(a), a methadone treatment facility may be established and operated closer than 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility if, by majority vote, the Wrightsville Borough Council votes in favor of the issuance of an occupancy permit or certificate of use for said facility at such a location. At least 14 days prior to Borough Council voting on whether to approve the issuance of an occupancy permit or certificate of use for a methadone treatment facility at a location that is closer than 1,000 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the Borough following public notice. All owners of real property located within 1,000 feet of the proposed location shall be provided written notice of said public hearings at least 30 days prior to said public hearings occurring.
(d)
This section shall not apply to a methadone treatment facility that is licensed by the Department of Health prior to May 15, 1999.
(e)
As used in this section, the term "methadone treatment facility" shall mean a facility licensed by the Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons.
(40)
Mineral Extraction and Processing. All mineral extraction and processing operations and facilities shall comply with the most current amendment of, but not limited to, the following statutes, as applicable:
(41)
Mini-Storage/Self-Storage Facility.
(a)
All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Borough's Comprehensive Plan.
(b)
Structures containing individual storage units shall be limited to one story and shall not exceed 12 feet in height.
(c)
Each individual storage unit shall abut a paved access drive.
(d)
Access drives shall be at least 15 feet wide.
(e)
No storage outside of individual units shall be permitted, except for approved vehicle storage areas.
(f)
All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a fence and vegetative screen so as to form an effective visual barrier consisting of a minimum six-foot-high wall or fence; and evergreen trees with a minimum five-foot tree planting height and a minimum planting width of 12 feet.
(g)
The use of individual storage units shall be restricted to household goods and business equipment, supplies, and records. No storage of perishable items or hazardous, explosive, or highly flammable materials, or materials that emit noxious odors shall be permitted.
(h)
A self-storage facility may include an office/residence for an on-site manager/caretaker as part of the principal use and shall be occupied as a dwelling by only the manager/caretaker and his or her family.
(43)
Mobile Home Park. All applicable provisions of the Borough Subdivision and Land Development Ordinance shall be met, including but not limited to roads, water and sewage, and stormwater management.
(44)
Motor Freight Terminal.
(a)
All motor freight terminals shall have direct vehicular access onto an arterial or collector street as designated in the Borough's Comprehensive Plan.
(b)
A buffer yard of at least 150 feet shall be provided if adjacent to a residential or institutional use or residential zoning district.
(c)
All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a screening of evergreen trees with a minimum eight-foot tree planting height and a minimum planting width of 12 feet between each tree. At maturity, the vegetative screen shall provide an opaque visual barrier.
(45)
Municipal Building or Facility.
(a)
Sufficient landscaping including trees, shrubs, and lawn shall be provided to serve as a buffer between such use and adjoining properties, and to insure an attractive appearance for the use.
(b)
A park designed exclusively for passive recreational purposes shall be permitted without regard to the minimum lot area regulation of the district in which it is located.
(46)
Museum.
(a)
If located in or adjacent to a residential district, the museum shall not adversely impact the adjoining residential area in terms of traffic, vehicular access, parking, lighting, signs or any proposed outside activity.
(47)
Nightclub.
(a)
All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Borough's Comprehensive Plan.
(b)
No nightclub shall be located within 200 feet of a residential dwelling or residential zoning district.
(c)
A nightclub shall not be located within 500 feet of any public or private school, day-care facility, playground or public recreation facility, or house of worship.
(d)
A nightclub shall be completely enclosed within a building, with no outside music or entertainment.
(e)
Nightclubs may offer the retail sale of carry-out beer as an accessory use.
(48)
Off-Track Betting Parlor.
(a)
The facility shall have direct vehicular access onto an arterial or collector street as designated in the Borough's Comprehensive Plan.
(b)
No off-track betting parlor shall be located within 200 feet of a residential dwelling or residential zoning district.
(c)
No off-track betting parlor shall be located within 500 feet of any public or private school, day-care facility, playground or public recreation facility or house of worship, or any other off-track betting parlor.
(d)
All off-track betting parlors shall comply with the Pennsylvania Horse and/or Harness Racing Commission's Rules and Regulations pertaining to non-primary locations, as defined therein.
(49)
Parking Lot or Garage, Commercial.
(a)
The facility shall be primarily used for the parking of passenger vehicles. The parking of vehicles that weigh more than 6,000 pounds or have a manufacturer's rated seating capacity of more than 15 persons is prohibited except in the C-I Zoning District.
(b)
The facility shall not be used for the sales, repair, or servicing of automobiles.
(c)
Not more than 75% of the lot shall be covered with impervious surfaces.
(d)
None of the paved area shall be closer than 10 feet from any property line, lot line or street line, except for entrance or exit driveways.
(e)
To protect other vehicles and pedestrians in the immediate area, railing, fencing, posts, and chains, or similar protective barriers must be located on the perimeter of the parking areas except at access drives or exits. In addition, there shall be provided a wheel block securely anchored into the ground for each peripheral parking space.
(f)
No advertising sign may be located on the facility.
(g)
All parking facilities, including spaces and drive aisles shall meet the design and construction standards set forth in § 27-406 of this article.
(h)
A fence or hedge no less than three feet in height shall be placed sufficient to screen the surface parking lot from all streets and adjacent residential dwellings.
(50)
Passenger Transportation Terminal.
(a)
All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Borough's Comprehensive Plan.
(b)
Passenger transportation terminals may include ticket offices, luggage checking facilities, lunch counter and similar facilities as accessory uses.
(c)
All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a screening of evergreen trees with a minimum eight-foot tree planting height and a minimum planting width of 12 feet between each tree so as to form an effective visual barrier.
(51)
Personal Care Boarding Home.
(a)
Documentation shall be filed with the Borough that the facility meets the appropriate licensing requirements and all applicable local, state and federal regulations.
(b)
Any outdoor recreation areas shall be secured with a fence and adequately screened from neighboring properties.
(c)
Supervisory personnel, as required by local, state or federal regulations, shall be on the premises at all times.
(52)
Postal and Courier Services.
(a)
All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Borough's Comprehensive Plan.
(b)
Except in the Town Center District, all buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a screening of evergreen trees with a minimum eight-foot tree planting height and a minimum planting width of 12 feet between each tree so as to form an effective visual barrier.
(53)
Public Utility.
(a)
This section shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
(b)
There shall be no specified minimum lot area; however, each lot shall provide front, side and rear yards in accordance with the regulations of the zone in which the building is located.
(c)
Outdoor equipment shall be enclosed with a fence or wall not less than six feet in height which shall be so constructed as not to have openings, holes or gaps larger than six inches in any dimension. In the Residential or Town Center districts, such fence must be surrounded by evergreen plantings so as to form an effective visual barrier.
(d)
When the equipment is totally enclosed within a building, no fence or screen planting shall be required and the yard shall be maintained in conformity with the zone in which the building is located.
(e)
The external design of the building shall be consistent with the predominant architecture in the district.
(54)
Recreational Facility (Private).
(a)
All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Borough's Comprehensive Plan.
(b)
If the recreational facility includes an accessory indoor amusement area, such use shall comply with the amusement establishment standards provided herein.
(c)
Where an outdoor recreational facility abuts a residential dwelling or residential zoning district, a fence and vegetative screen shall be provided so as to form an effective visual barrier consisting of a minimum six-foot-high wall or solid fence; and evergreen trees with a minimum five-foot tree planting height and a minimum planting width of 12 feet.
(d)
Outdoor recreational facilities shall be permitted to operate only between the hours of 7:00 a.m. and 10:00 p.m.
(55)
Restaurants, Fast-Food or Sit-Down.
(a)
All restaurants larger than 150 seats when adjacent to, or on the same lot with a shopping center or group of commercial uses, shall use a common access with the other business establishments, if applicable.
(b)
Where a drive-through window is proposed, a stacking lane not less than 120 feet shall be provided.
(c)
A clearly delineated pedestrian walkway shall be provided between any existing sidewalk and the entrance to the restaurant.
(d)
All exterior seating areas shall be separated from all access drives and parking areas by fencing or a landscaped buffer.
(e)
Any play areas shall be completely enclosed by a minimum three-foot-high fence.
(g)
An exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.
(i)
An outdoor menu board for drive-through service shall not be considered a sign as long as its predominant use is clearly for listing food items and their costs and it is legible only to persons in the drive-through lane.
(j)
Covered trash receptacles shall be provided outside the restaurant for patron use in addition to a plan for the cleanup of litter.
(k)
Outdoor storage of trash shall be within an enclosed area and screened from view of adjacent streets, dwellings or residential districts.
(l)
Fast-food restaurants, food stands and similar establishments shall not include the sale of alcoholic beverages.
(56)
Schools - Commercial, Public and Private; Vocational-Mechanical, Trade. The following information shall be furnished:
(a)
Detailed plot plan indicating location and intended use of existing and proposed buildings, location of recreation areas, the relationship of the proposed use to existing streets and adjacent properties.
(b)
Grade levels of the pupils to be housed in the buildings.
(c)
Planned pupil capacity of such buildings and the contemplated eventual enrollment of the school.
(d)
All buildings shall be set back at least 100 feet from any abutting property zoned for or in residential use.
(e)
All vocational activities including maintenance, repair, rebuilding, and construction training shall be conducted within a completely enclosed building.
(f)
Student loading and unloading areas shall be provided on site and arranged so that the students do not have to cross traffic lanes on or adjacent to the site.
(57)
Shopping Center or Mall.
(a)
The shopping center shall have direct vehicular access onto an arterial or collector street as designated in the Borough's Comprehensive Plan.
(b)
All retail uses associated with the shopping center but not located within an enclosed building, such as in an interior courtyard, shall be considered a retail store or stores and regulated accordingly.
(58)
Social Club.
(a)
Evidence that the ownership of the property is by a nonprofit organization must be furnished.
(b)
Hours of operation of a social club are limited to 7:00 a.m. and 2:30 a.m.
(c)
Social clubs serving alcohol shall hold a valid license for the premise in which the establishment is located.
(d)
Entertainment may be permitted as an accessory use.
(e)
All activities of the social club, except parking, shall occur within the facility.
(59)
Stable or Riding Academy, Commercial.
(a)
When abutting a residential property, all stables or shelters shall be erected no less than 50 feet of any side or rear property line.
(b)
Stables or other shelters shall be provided for the stabling of all horses, and maintained in a sanitary manner.
(d)
All parking lots and unimproved overflow parking areas shall be set back at least 10 feet from abutting property lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking and/or movement of vehicles across abutting and adjacent properties.
(e)
All animal waste shall be regularly cleaned up and properly disposed of in a way that prevents objectionable odor at the site's property line.
(60)
Tavern, Bar and Pub.
(a)
In addition to taverns, bars and pubs, the use may include, but not be limited to, beer gardens, cocktail lounges, saloons, and taprooms. A nightclub, where entertainment is the primary use, shall not be included in this definition.
(b)
All taverns, bars and pubs shall comply with all state and local codes regulating such establishments including but not limited to the Liquor Code (Act 21 of April 12, 1951, P.L. 90; as reenacted by Act 14 of June 29, 1987, P.L. 32, 47 P.S. § 1-101 et seq., as amended).
(c)
All taverns, bars and pubs shall hold a valid license for the premises in which the establishment is located.
(d)
All taverns, bars and pubs, unless the establishment holds an Club (C), Catering Club (CC), or Extended Hours Food (EHF) license from the Pennsylvania Liquor Control Board, shall only operate between the hours of 7:00 a.m. and 2:30 a.m. the following day.
(e)
No tavern, bar or pub shall contain less than 300 square feet of usable floor area.
(f)
Entertainment may be permitted as an accessory use.
(61)
Theater.
(a)
All theaters shall have direct vehicular access onto an arterial or collector street as designated in the Borough's Comprehensive Plan.
(b)
When this use is adjacent to, or on the same lot with a shopping center or group of commercial uses, it shall use the common access with the other business establishments, if applicable.
(62)
Truck Stop/Travel Center.
(a)
All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Borough's Comprehensive Plan.
(b)
All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a screening of evergreen trees with a minimum eight-foot tree planting height and a minimum planting width of 12 feet between each tree so as to form a semi-opaque visual barrier at plant maturity.
(63)
Veterinarian/Animal Hospital.
(a)
A minimum lot area of at least three acres shall be required for all veterinarians or animal hospitals treating large animals, including but not limited to cattle, horses, and other livestock.
(b)
All buildings in which animals are housed or provided care shall be located at least 200 feet from the property line of a residential dwelling or residential zoning district.
(c)
Buildings shall be adequately soundproofed so that sounds outside the building will be minimized and not result in a nuisance.
(d)
All kennels, fenced enclosures and runs shall be sufficiently screened and insulated so as to protect neighboring properties from inappropriate noise, odor and other disturbances. All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a fence and vegetative screen so as to form an effective visual barrier consisting of a minimum six-foot-high wall or solid fence; and evergreen trees with a minimum five-foot tree planting height and a minimum planting width of 12 feet.
(64)
Warehouse/Distribution Center.
(a)
All such uses shall have direct vehicular access onto an arterial or collector street as designated in the Borough's Comprehensive Plan.
(b)
All buffer areas adjacent to or abutting residential uses or residential zoning districts shall provide a screening of evergreen trees with a minimum eight-foot tree planting height and a minimum planting width of 12 feet between each tree so as to form an effective semi-opaque visual barrier.
(65)
Wind Energy System, Small. All permitted and special exception nonresidential uses in the Commercial-Industrial District shall be permitted one small wind energy system. Small wind energy systems shall comply with the following:
(a)
No small wind energy system shall be located on a parcel less than 45,000 square feet.
(c)
No small wind energy system in conjunction with a nonresidential use shall be greater than 1,000 kWh.
(d)
No small wind energy system in conjunction with a nonresidential use shall be greater than 180 feet in height.
(e)
No small wind energy system in conjunction with a nonresidential use shall be permitted which is designed to have any vane, sail or rotor blade to pass within 30 feet of the ground.
(f)
All electrical wiring leading from a windmill shall be located underground.
(g)
Windmills may be located within the required rear or side yards, provided they are no closer than two times their height from the nearest inhabitable structure.
(h)
All windmills shall be fitted with anti-climbing devices, as approved by the manufacturer(s).
(i)
No signs or lights shall be mounted on a windmill, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency.
(j)
The owner, licensee or operator shall annually certify to Borough that the windmill is structurally sound and remains in use.
(k)
Windmills must be removed within one year after cessation of use.
(l)
Sufficient security in an amount to be determined by the Borough shall be posted by performance bond or letter of credit to guarantee compliance with all aspects of the removal.
§ 27-405 Signs and Signage.
[9/16/2013]
1.
Exempted Signs. The following signs and other elements are exempted and excluded from these sign controls:
A.
Flags of any federal, state or local government.
B.
Interior signs not visible from a public right-of-way or adjoining property.
C.
Cornerstones built into or attached to a wall of a building.
D.
Official notices of any court or public office.
E.
Legal notices posted pursuant to law.
F.
Public service signs as aids to safety or service.
2.
Permitted Signs. The types and sizes of signs shall be in accordance with Permitted Signs Table.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
3.
Setback of Signs.
A.
No portion of a sign may be closer to a street right-of-way line than 10 feet, except for a sign less than three feet in height or attached to a building closer than 10 feet to the right-of-way.
B.
No sign is permitted within a clear sight triangle, as provided in the Borough Subdivision and Land Development Ordinance, or at an intersection which, in the opinion of the Borough police or the Zoning Officer, will obstruct the vision of motorists.
C.
No sign shall be so located or arranged that it interferes with pedestrian or vehicular traffic because of glare, blocking of reasonable sight lines for streets, sidewalks, or driveways; confusion with a traffic control device (by reason of color, location, shape, or other characteristic); or for any other reason.
4.
Projection of Sign.
A.
No sign may project over a street unless specifically authorized by other Borough or state regulations.
B.
Wall signs shall not extend beyond the edge of any facade or other surface to which they are mounted and shall not project more than 12 inches from its surface.
C.
Projecting signs shall not extend more than four feet from the wall or surface to which they are mounted.
D.
Projecting signs shall not interfere with normal pedestrian or vehicular traffic, and shall not be less than eight feet six inches above the pavement of ground.
5.
Illumination of Signs.
A.
A sign may be illuminated only if the lighting is so screened and shielded that it is not directed or reflected toward any abutting property, and so it does not distract or obstruct the vision of motorists or pedestrians.
B.
Nameplate signs displaying the name and address of the occupant of a dwelling, or dwelling unit, and signs identifying a permitted home occupation displaying the name, profession or activity shall not be internally illuminated or illuminated by any lighting having a total wattage of more than 100 watts.
C.
Temporary work signs of architects, builders, contractors, developers, engineers, painters and similar artisans shall not be illuminated.
6.
Prohibited Signs. The following types of signs and/or sign design features are prohibited in all districts:
A.
Signs that imitate official traffic signs or signals or other governmental signs that use the words "stop," "caution," or "danger," that use red, green, or yellow lights resembling traffic signals, or that resemble traffic control signs in terms of size, shape, or color.
B.
Signs that advertise products or services that are in any way illegal.
C.
Signs that include words, phrases, or pictures that are considered to be vulgar, obscene, or pornographic.
§ 27-406 Off-Street Parking and Loading.
[9/16/2013]
1.
General Requirements.
A.
Off-street parking spaces shall be required when a new building or use is established, when an existing building or use is altered, enlarged, or expanded so as to require additional parking, and when an existing building or use is changed to a different use that requires additional parking.
C.
Areas used for vehicle fueling, vehicle washing, or performing other vehicle-related services shall not count toward required parking spaces.
D.
Required spaces shall be provided on the same lot as the use requiring the spaces, except where common shared parking is provided.
E.
Common Shared Parking Areas. Two or more uses may provide for required parking in a common parking lot. The number of spaces required in a common parking facility shall be reduced in accordance with the following:
(1)
Parking shall be reduced where multiple buildings, structures or uses are on the same site or on contiguous sites, have a common parking lot, share customers or have different times of peak usage.
(a)
The applicant shall demonstrate that the hours of peak parking needed for the individual uses are staggered to the extent that a lower total of parking spaces will adequately provide for all uses served by the facility.
(2)
The number of spaces required in a common parking facility shall be reduced by not less than 10% and not more than 25% below the total for each independent use.
(3)
A written agreement shall be executed between the record owners of all of the buildings, structures or uses involved and all of the parking areas involved guaranteeing the availability of all parking areas, including remote parking areas for the life of the proposed buildings, structures and/or uses.
F.
Irrespective of Subsection 1E above, individual uses within a development consisting of two or more uses may maintain off-street parking independent of other uses subject to the granting of a special exception by the Zoning Hearing Board.
(1)
Required parking shall be calculated for each independent use, and the sum total number of required parking spaces for each separate use shall be provided.
G.
Where the computation of required parking spaces results in a fractional number, the fraction of one-quarter (1/4, 0.25) or more shall be counted as one space.
I.
Parking Location.
(1)
Off-street parking lots shall not be located between the principal building and the street right-of-way, except in the C-I District, in which no more than 25% of the required parking spaces may be located in front of the building.
(a)
All handicap-accessible spaces shall be located in, and count towards, the number of parking spaces permitted to be placed between the principal structure and the primary road right-of-way.
(2)
Parking lots are prohibited from being located within the landscaped buffer, as established by this section, along adjoining public roads.
(3)
Where parking lots within a development are visible from adjoining public roads, appropriate visual treatments shall be provided to minimize the view of such parking lots. Appropriate visual treatments may include vegetative screens, earthen berms, and/or other visual treatments.
2.
Required Parking. Unless otherwise regulated in this section or elsewhere in this chapter, the following parking spaces are required:
A.
Required Parking Table.
Use | Required Parking Spaces |
|---|---|
Accessory Structures | None beyond those required by the principal use |
Day-care center, adult or child | 1 per employee, plus 1 per 6 adults or children |
Adult-regulated business | 1 per 250 square feet gross floor area |
Agricultural operations | 1 per employee |
Amusement establishment | 1 per employee plus 1 per every 2 game tables or amusement devices plus bicycle rack with space for 2 bikes per device or table |
Apartment house | 1.5 per dwelling unit |
Automobile and motor vehicle sales establishments | 2 for each employee |
Automobile service and repair station | 1 per service bay plus 1 per employee |
Barber or beauty shop | 1 per chair plus 1 per employee |
Bed-and-breakfast | 1 per guest room plus 2 required for dwelling |
Boarding house, rooming house or lodging house | 1 per guest room plus 2 required for dwelling |
Business office | 1 per 300 square feet gross floor area |
Camp or campground | 1 per employee, plus one 10 foot x 30 foot space at each campsite |
Car wash | 1 per service bay |
Cemetery | 1 per employee |
Communication tower and/or antenna | 1 space |
Community center | 1 per 300 square feet gross floor area |
Convalescent or nursing home | 1 per employee plus 1 for each 2 residents/patients |
Convenience store | 1 per 150 square feet gross floor area |
Cottage industry | 1 per nonresident employee + 2 for visitors + 2 for dwelling |
Crematorium | 1 per employee |
Domiciliary care home | 1 per resident/patient plus 2 required for dwelling |
Dwelling, single-family | 2 per dwelling unit |
Dwelling, two-family | 2 per dwelling unit |
Dwelling, multifamily | 1.5 per dwelling unit |
Dwelling unit, accessory | 1 space |
Electric generation facility | 1 per employee |
Emergency services | 1 per employee on largest shift and 1 for each service vehicle |
Fairgrounds | 50 per acre |
Family day-care home, adult or child | 1 per client/patient plus 2 required for dwelling |
Farmers' market | 1 per 300 square feet gross floor area or 1 per booth, whichever is greater |
Farm supply and equipment sales | 20% of sales area to be reserved for customer parking, plus 1 for each employee |
Financial institution | 1 per 300 square feet gross floor area |
Fitness/health center | 1 per 300 square feet gross floor area |
Forestry | 1 per employee on largest shift and 1 for each service vehicle |
Funeral home | 1 per 100 square feet gross floor area, plus 1 for each vehicle retained on-site |
Game and fish preserve | 2 per 5 acres |
Golf course | 4 per hole |
Government facility | 1 per 300 square feet gross floor area |
Group day-care home, child or adult | 1 per resident/patient plus 2 required for dwelling |
Group home | 1 per resident/patient plus 2 required for dwelling |
Group quarters | 1 per employee and 1 per 4 residents |
Halfway house | 1 per employee and 1 per 4 residents |
Hardware store | 1 per 400 square feet gross floor area |
Home occupation | See home occupation in § 27-404, Subsection 1C(26) |
Hospital | 1 per 2 beds plus 1 per 2 employees on largest shift plus 1 space per doctor |
Hotel | |
House of worship | 1 per 4 seats or 8 linear feet of pews |
Hunting or fishing camp | 2 per dwelling unit |
Junkyard; auto recycling center | 1 per employee, plus 4 for customers |
Kennel | 1 per 5 boarding kennels, plus 1 for each employee of the largest shift |
Landfill, sanitary; resource recovery facility | 1 per employee |
Laundry and/or dry-cleaning establishment | 1 per 200 square feet of floor area available to public |
Library | 1 per 300 square feet of gross floor area, plus 1 for each employee |
Lumberyard; home and building supply center | 1 per 400 square feet of gross floor area, plus 1 for each employee |
Manufacturing, heavy or light | 1 per employee on largest shift |
Massage therapy | 2 spaces for each therapist |
Medical office or medical clinic | 6 spaces for each physician, dentist, etc. |
Methadone treatment facility | 1 per 300 square feet gross floor area plus 1 per employee |
Mineral extraction and processing | 1 per employee on largest shift |
Mini-storage/self-storage facility | 1 per employee, plus 1 per 25 storage units |
Mixed-use building | Calculated for each use |
Mobile home park | 2 per dwelling unit |
Motel | |
Motor freight terminal | 1 per employee on largest shift, or 1 for each 1,000 square feet of gross floor area, whichever is greater |
Multiple-use building | Calculated for each use |
Municipal building or facility | 1 per 300 square feet gross floor area; 2 per acre park or playground area |
Museum | 1 per 1,000 square feet of gross floor area, plus 1 for each employee |
Nightclub | 1 per 100 square feet gross floor area |
No-impact home-based business | None beyond principal use |
Nursing home | 2 spaces per bed plus 1 per each employee on largest shift |
Off-track betting parlor | 1 per 250 square feet gross floor area |
Office, professional | 1 per 300 square feet gross floor area |
Passenger transportation terminal | 1 per 4 seats in waiting area plus 1 per employee |
Personal care boarding house | 1 per employee on largest shift plus 1 per resident room |
Personal services | 1 per 300 square feet gross floor area plus 1 for each employee |
Postal and courier services | 1 per 250 square feet retail floor area plus 1 for each employee |
Printing and publishing | 1 per employee on largest shift |
Produce stands | 1 per 200 square feet of gross floor area, minimum 4 |
Public utility | 1 per employee on largest shift |
Recreation facility | 1 per 300 square feet gross indoor floor area, and/or 4 per acre outdoor area, plus 1 for each employee |
Residential care facilities | 1 per employee on largest shift plus 1 per resident room |
Restaurant | 1 per 4 seats plus 1 for each employee on largest shift |
Retail store | 1 per 200 square feet of retail floor area plus 1 for each employee on largest shift |
School, commercial | Staff member plus 1 space per 3 students of projected building capacity |
School, public or private | Staff member plus 1 space per 6 students in an elementary or junior high school and 1 space per 3 students of projected building capacity in a senior high school, college |
School, vocational-mechanical-trade | Staff member plus 1 space per 3 students of projected building capacity |
Senior citizen center | 1 per 300 square feet gross floor area |
Shopping center or mall | 1 per 200 square feet of gross leasable floor area |
Social club | 1 per 300 square feet gross floor area |
Stable and riding academy, commercial | 1 per every 2 stalls plus 1 per each 4 seats of spectator seating |
Tavern, bar, pub | 1 per 4 seats plus 1 for each employee on largest shift |
Theater | 1 per 3 seats plus 1 for each employee on largest shift |
Truck stop/travel center | 1 per 4 seats plus 1 for each employee on largest shift |
Veterinary office or animal hospital | 1 per each employee not a veterinarian, plus 3 for each veterinarian |
Warehouse/distribution center | 1 for each employee on largest shift |
B.
All unspecified places of assembly, including but not limited to accessory conference, banquet and meeting rooms shall provide one off-street parking space for each two occupants to maximum occupancy.
3.
Design Standards. All off-street parking areas shall be designed to meet the following standards:
A.
All off-street parking spaces for single-family and two-family dwellings shall be paved with a durable material such as concrete, asphalt, brick or stone pavers, or gravel. Gravel is not acceptable for driveways and off-street parking spaces located within the front yard area.
C.
All off-street parking lots shall be paved so as to provide a durable and dust-free surface. Acceptable paving materials include concrete, asphalt and pavers. The use of pervious paving materials is encouraged. All entrance and exit drives shall be paved in accordance with PennDOT 408 specifications.
D.
All parking lots shall be graded to provide for the adequate drainage of stormwater from the parking lot. The Borough Engineer shall be afforded the opportunity to review and comment on the grading plan for any parking lot.
E.
Customers and service traffic shall be separated whenever possible. Loading and unloading areas shall be located so as not to interfere with customer or employee parking areas.
F.
The following landscaping regulations shall apply:
(1)
A landscaping strip of no less than five feet in width shall be provided along the perimeter of all off-street parking lots as described in Subsection 3B above. Such landscaping strips may be located within the required setback areas.
(2)
Within each landscaping strip shall be planted a mixture of two or more of the following types of vegetation: grass, shrubs, flowering plants, or appropriate street trees.
(3)
Suitable breaks in the landscaping strip shall be permitted for access drives to or from a public street.
(4)
All off-street parking lots containing 25 or greater parking spaces shall provide a terminal island at both ends of all rows of parking spaces. Each terminal island shall measure at least five feet in width and shall be no less than 3/4 the length of the parking rows.
(a)
Each terminal island shall include at least one tree, with the remaining area landscaped with appropriate ground cover or grass.
(5)
Minimum Tree Standards. All required trees shall be a minimum of eight feet in height and shall have a minimum caliper of two inches immediately upon planting. The caliper is to be measured "diameter at breast height (dbh)". Tree species shall be native and have a minimum height when mature of 25 feet.
(6)
Maintenance. The applicant shall, within any landscape area, replace any tree or ground cover which dies with another tree or ground cover of the same or similar species, within one year of the death of the original tree or ground cover.
G.
All parking lots shall be provided with curbs or wheel or bumper guards so located and arranged that no part of any parked vehicle will extend beyond the boundaries of the parking lot into the public right-of-way.
H.
Each parking space shall not be less than nine feet wide by 18 feet long.
I.
All spaces shall be delineated with painted lines or an approved equivalent durable delineation material and shall be maintained so that all parking spaces are clearly marked.
J.
All parking lots shall comply with applicable current requirements of the Americans with Disabilities Act (ADA) of 1990, as amended.
(1)
One in every eight parking spaces, but not less than one space, must be van accessible, with a designated handicap sign and an access aisle at least eight feet wide.
(2)
All accessible parking spaces shall comply with the minimum parking space design standards set by the ADA.
(3)
All accessible parking spaces shall be identified with a sign.
(4)
The access aisle shall be level (1:50 maximum slope in all directions), be the same length as the adjacent parking space(s) it serves and must connect to an accessible route to the building. Ramps must not extend into the access aisle.
(5)
Two accessible parking spaces may share an access aisle.
4.
Off-Street Loading Requirements.
A.
Off-street loading and unloading space(s), with proper and safe access from street or alley, shall be provided on each lot where it is deemed that such facilities are necessary to adequately serve the use within the district. Each loading and unloading space shall have the following characteristics:
(1)
Shall be at least 14 feet wide, 80 feet long, and shall have at least 15 feet of vertical clearance.
(2)
Shall provide adequate maneuvering room in compliance with all provisions of this section.
(3)
Shall have a paved surface and adequate drainage to provide safe and convenient access during all seasons.
(4)
Shall not be constructed between any street right-of-way and front setback line.
B.
Required off-street parking spaces (including access drive and aisles) shall not be used for loading and unloading purposes, except during hours when business operations are suspended.
C.
Loading and unloading facilities shall be designed so that trucks need not back into or out of, or park in, any public right-of-way.
D.
No truck shall be allowed to stand in a right-of-way, an automobile parking area (including access drives and aisles), or in any way block the effective flow of persons or vehicles either on or into and out of the property.
E.
Loading areas are prohibited from being located within any required landscaped buffer.
F.
All loading areas visible from a residential property or residential zone shall provide screening consisting of evergreen trees with a minimum eight-foot tree planting height and a minimum planting width of 12 feet between each tree so as to form an effective visual barrier.