The proposed use shall provide for the arrangement of buildings, signage, lighting, parking, access, and operations of the establishment in a manner that minimizes adverse impacts upon the public health, safety, welfare, and morals of the community.

The proposed use shall provide for the arrangement of buildings, signage, lighting, parking, access, and operations of the establishment in a manner that preserves the essential character of the neighborhood in which it is located.

The arrangement of landscaping, parking, loading, and other operational amenities, whether principal or accessory to the principal use, shall provide for an impact commensurate with that of establishments bearing uses permitted as of right in the respective zoning district.

The site design of the proposed use shall promote the least intrusive options in regards to signage, vehicular circulation, deliveries, and hours of operation as possible while accommodating the basic requirements of the use's regular business operations.

The location, size, intensity and site layout of the use shall be such that its operations will not be a nuisance or be objectionable to nearby dwellings, by reason of vibration, noise, fumes, lights or pollution of any type, or be hazardous to a greater degree than is normal with respect to that of establishments bearing uses permitted as of right in the respective zoning district.

The overall costs versus the benefits in regards to public services, tax revenues, and benefits to the planning area's residents where the layout or design of such establishment may minimize such impacts to a level commensurate with uses permitted as of right in the respective zoning district.

Parking and access shall locate in an area of the property that is least intrusive on neighboring residential properties.

All parking and the site itself shall be screened in accordance with § 280-702H and I as each relates landscaping corridors and buffers.

Unless otherwise stated, all establishment and uses outlined in this part shall be subject to the height, lot coverage, and impervious surface coverage maximums of the zoning district in which each is located.

All facilities shall be served by public sanitary sewerage and water facilities available within the Borough, consistent with all rules and regulations thereof.

No loading or delivery of goods in connection with an establishment cited in this part is permitted from public rights-of-way.

The applicant shall submit the items required in this section, including required filing fees, which shall be required in order to constitute a complete application.

A complete application shall be submitted to the Zoning Officer at least 21 days prior to the next regularly scheduled monthly Planning Commission.

Three copies of all application materials and reports and seven copies of all plans and drawings.

The Borough Council shall hold a public hearing, per public notice, within 60 days of the filing of a complete application. Where a hearing officer has been designated, the officer shall preside over the hearing.

A decision and accompanying findings of fact shall be issued within 45 days after the conclusion of the aforesaid hearing. The Borough Council or hearing officer may attach conditions to any approval that either finds are necessary to permit the conditional use in a manner consistent with this chapter and this article in particular. A condition of approval shall include the receipt of the applicant's signature, indicating acceptance of the findings of fact and conditions, if any, within 30 days of approval, wherein the failure of the applicant to submit the aforesaid acceptance shall be deemed a denial of the conditional use. A copy of the decision shall be filed at the Borough Office. The decision shall be mailed to the applicant no later than one day following the date of the decision.

Where the Borough Council fails to render the decision within 45 days of the conclusion of the required public hearing or fails to commence the required hearing within 60 days from the date of the applicant's request for a hearing or fails to complete the hearing no later than 100 days after the completion of the applicant's case in chief, unless extended for good cause upon application to the court of common pleas, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Borough Council to meet or render a decision as hereinabove provided, the Borough Council shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this act. If the Borough Council shall fail to provide such notice, the applicant may do so.

No more than 25% of the floor area occupied by the facility, including storage, utility, and restroom areas, shall be utilized as an administrate office, as an accessory to the principal use.

Supervision shall be provided by at least one responsible and appropriately qualified adult on duty at all times at which residents or patients are present.

The establishment shall obtain all required state permits and shall demonstrate adherence to the requirements of the Department of Public Welfare, Department of Health, Department of Agriculture, or any applicable state agency. Compliance shall include the provision of necessary facilities shown on the site plan or proposed land development plan, where required.

All structures accessory to the establishment, excepting those used for utility purposes at or under 144 square feet in floor area, shall be set back at least 25 feet from any property line.

Where the building housing the use is less than 2,000 square feet in gross floor area, the structure shall be set back at least the amount of the minimum side yard in the zoning district in which the establishment is proposed. Such buildings greater than 2,000 square feet in gross floor area shall be set back a minimum of 25 feet from side and rear lot lines.

Day-care centers and adult day services shall not provide overnight lodging of clients. Hours of operation shall be limited to 6:00 a.m. to 8:00 p.m.

Adult day services may locate within a building containing one single-family residential principal use in addition thereto, provided that only one principal building is located on a lot.

Principal and accessory buildings, including recreation courts and fields accessory to the principal establishment, shall be set back at least 25 feet from side and rear property lines.

Accessory recreational facilities including fields, playgrounds, and courts shall be subject to the same standards as parking lots, as cited in § 280-1001G, and shall be located in an area of the property that least impacts neighboring property owners. Council may require location of said facilities where topography and existing wooded areas provide a barrier or may require a barrier of mounding and landscaping sufficient to minimize the effects of noise and lighting.

Assembly halls may include a restaurant as an accessory use provided that the restaurant function serves food or drink only to members or parties reserving the facility for specified period of time, rather than the general public in the same manner as a full service restaurant would provide. Assembly halls including restaurant accessory uses shall be housed within a building on at least 30,000 square feet of land with one principal building other than a church, and shall be set back at least 40 feet from side and rear property lines.

Churches may include one single-family dwelling as a secondary principal use, and preschool programs and assembly areas as accessory uses. However, regular operations of day-care, adult day services, and assembly halls leased to the public at large shall be classified as separate uses and subject to the authorizations and standards of zoning district in which said use is located.

Residential dwelling units intended to house students or employees of an establishment conditionally authorized in this section shall not be permitted.

Hours and frequency of operation for events to be conducted by local public uses and private and commercial schools shall be submitted as part of the application. As such provides a basis for the findings of Council, approval shall include a limitation on such events and operations to that submitted or proposed with the application.

The above uses 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 within the Borough established prior to the proposed treatment facility. Said distance shall be measured from the lot line on which the preceding uses and facilities are situated.

All principal and accessory structures shall be set back at least 50 feet from all property lines.

The establishment or facility, as a condition of occupancy, shall submit names and contact information of all managing staff, wherein at least one such qualified person shall supervise the facility at all times.

Said facilities shall demonstrate compliance with all applicable state regulations as instituted by the Department of Health and the Department of Public Welfare, Corrections, or any other applicable state agency, which shall become conditions of operation.

Mobile homes or house trailers, whether the wheels are attached or detached, shall be permitted only in mobile home parks that meet the requirements of this section if authorized as a conditional use by the Borough Council after recommendation by the Planning Commission. Occupied camping trailers, as defined by this chapter, shall meet all the requirements specified for mobile homes.

Lot area: the minimum area for every trailer park hereafter developed shall be two acres.

Minimum lot area for each trailer: the minimum unit area for each trailer lot used or occupied by and under each trailer shall be as follows:

Minimum width of trailer lots: the minimum width for each trailer lot shall be 30 feet.

Minimum distance between trailers: no trailer stall be placed within 15 feet of another, provided that with respect to trailers parked end to end, the distance between trailers so parked shall not be less than 10 feet.

Setbacks: no trailer shall be placed a lesser distance from the trailer park boundary than the side yard width required in the zoning district that abuts each boundary line. In no case shall a trailer be parked less than 10 feet from the trailer park boundary. All trailers shall be set back from any public street the same distance as buildings are required to set back in the zoning district in which the trailer park is located.

Water and sewer facilities: water shall be furnished from the Borough water supply system with supply faucets located on each trailer lot. In each trailer park, all waste from a faucet, toilet, tub, shower, sink, drain, washing machine, garbage disposal unit or laundry shall empty into the Borough sewerage system.

Service buildings: each trailer park shall provide service buildings to house facilities.

Sanitation facilities: each park intended for use by camping trailers shall provide toilets, baths or showers and other sanitation facilities that shall conform to the following requirements:

Storage tanks: gasoline, liquefied petroleum, gas or oil storage tanks shall be so installed as to comply with all county, state and national Fire Prevention Code regulations.

Additions to trailers: no permanent or semipermanent structure shall be affixed to any trailer as an addition to such trailer, nor shall any accessory structure be permitted on any trailer lot or in any trailer park except those accessory structures required by these regulations and those necessary for operation and supervision of a trailer park. The prohibition herein against any addition or accessory to a trailer shall not apply to a canopy or awning designed for use with a trailer. The trailer lot coverage of a trailer shall not exceed 30% of the total trailer lot area.

The building's scale and function shall represent the minimum necessary for the satisfactory provision of services by the utility to the neighborhood or area in which the particular use is to be located.

The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the enjoyment of residents and patrons in the zoning district in which it is located.

The applicant shall demonstrate adequate screening through fencing, landscaping, or a combination thereof that shall be evaluated by Council as that necessary to screen those portions of the structure that are incompatible with the scale and character of residential and nonresidential development in the neighborhood or area where the building is located.

All rooms and related facilities provided for transient guests shall be normal integral components of the principal dwelling unit.

The owner of the facility, or members of the owner's immediate family, shall reside within the principal dwelling unit on a full-time basis.

Only members of the family in residence on the premises and not more than two nonresident employees shall be engaged in the conduct of the bed-and-breakfast establishment.

No facilities, such as cooking accommodations or similar amenities, other than those provided for the normal use of the principal dwelling unit, shall be provided for serving and accommodating transient guests.

No more than three guest sleeping rooms shall be utilized concurrently for transient guests in any facility.

The size of each individual guest sleeping room utilized for transient guests shall have a minimum floor area of 100 square feet.

Maximum occupancy shall not exceed eight guests.

Food service, for other than normal residential purposes, shall be limited to overnight transient guests.

Only normal residential yard and structure lighting appropriate for residential purposes shall be permitted.

An overnight guest shall not occupy the facility for more than five consecutive nights during any thirty-day period.

The minimum site area for an institutional facility or hospital shall be five acres. The site plan must present a unified design that provides for an organized arrangement of all existing and proposed buildings, service facilities, parking, and circulation systems.

Buildings shall be sited in conformity and harmony with neighboring sites. The elevation, orientation, and setback of the proposed building shall not detract from the use, view or appearance of adjacent buildings.

No structure shall be located within 40 feet of an adjacent property line or an adjacent site structure. Structures shall be set back a minimum distance of 75 feet from a public right-of-way, except that said required setback may be reduced to a minimum distance of 55 feet where a minimum clear site distance of 500 feet is provided in all directions from any point of site ingress or egress that intersects with a public right-of-way.

Proper sanitation and disposal of waste shall be demonstrated through an operations plan.

In the C-1 District, all animals treated or boarded shall be housed within a completely enclosed building.

Outdoor runs, authorized in the C-3 District, shall meet the required side and rear yards of the C-3 District, shall be secured by a fence, and, where within 25 feet of an adjoining lot line, shall provide visual screening of six feet in height at plant maturity, which may include mounding.

No more than one funeral home shall be authorized per block.

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

One residential dwelling unit designed for a single family may coincide with the principal building used as a funeral home.

Applicant shall submit a general operations plan that details timing of expected deliveries, accessory events and functions associated with the business, and expected hours of operation.

Loading and delivery of goods shall be provided between the hours of 6:00 a.m. and 10:00 p.m.

Where feasible, in terms of Subdivision and Land Development Ordinance[1] requirements, those of this chapter, and other applicable requirements, parking shall locate to the rear of the principal structure.

Structures shall be constructed subject to the standards of § 280-605E(1) except that the amount of variations required shall be for every 30 feet and shall meet the performance standards of § 280-605E(2) through (4) and P.

Normal agricultural operations shall take place on parcels of 10 acres or greater, wherein operations on smaller parcels shall be considered a nuisance given the general topography of the Borough which would effectively limit the operation to a concentrated area of the property.

Boarding of horses shall be limited to one horse per every three acres of the parcel.

All principal structures shall be set back a minimum of 100 feet from any property line.

Greenhouses totaling not more than 5,000 square feet shall be permitted as accessory retail, where 80% of gross sales are derived from the sales of produce grown on site.

All patron parking shall provide a minimum of five spaces in a parking lot subject to the standards applicable to other commercial uses.

Access to the site shall be limited to one point on each street on which the establishment fronts.

Entrances shall be limited to 24 feet in width.

In lieu of a marquee or hanging sign, a projecting sign, defined as a sign with two faces 90° to the wall of a building to which they are affixed, shall be permitted up to 12 square feet and projecting no more than 30 inches from the building. The sign may also be affixed to those canopies and supporting structures that cover fuel pumps.

The lot line adjoining a street shall include a picket style or opaque fence constructed of vinyl, wood, brick, or similar materials approved by Council of three to four feet in height. Landscaping may accompany the perimeter of this fence.

Purpose and legislative intent.

Definitions. It is the purpose of this subsection, together with its subparagraphs, to provide clear and concise definitions of those words, terms and phrases most commonly utilized in the provisions of these regulations in order to assist in the interpretation of said provisions and to insure uniformity of application. It is intended that the following words, terms and phrases, whenever used, shall be construed as defined in the following subsections and subparagraphs unless from the context a different meaning is clearly intended. The following definitions are intended to supplement the definitions contained in § 280-302 and are intended to be applicable to this article only.

For the purpose of this article, "adult entertainment establishments" are defined as follows:

Minimum spacing and proximity requirements.

Parking. Parking shall be established at the minimum ratio of one parking space for each 100 square feet of gross floor area and one parking space for each employee.

Hours of operation: Borough Council may impose a limitation on the hours of operation, as necessary, to assure that the intent of this chapter is complied with.

Visibility from the street: No person operating an adult entertainment establishment shall permit, or cause to be permitted, any stock in trade which depicts, describes or relates to specified sexual activities and/or specified anatomical areas as defined herein, to be viewed from the street, sidewalk or highway.

The development shall comply with all performance standards and approval processes outlined in § 280-605E, F, and G, excepting § 280-605H, and those as outlined in this section any standards or requirements which otherwise conflict with the standards of this section.

The development may include any such nonresidential establishment authorized as a conditional use in the R-2 District provided that at least 20% of the gross floor area of all principal buildings shall consist of single-family, duplex, and townhouse residential dwelling units. Additionally the development may include residential facilities for housing students where kitchen and restroom facilities are shared by more than one family, as defined by this chapter. Such facilities shall be deemed as nonresidential uses for purposes of this section.

The development may include administrative and professional offices and accessory parking within 400 feet of Beaver Road or Main Street.

Townhouse groupings may contain up to six units.

Multifamily buildings may contain up to 24 units.

The location, design, type and use of structures proposed, with most structures being placed close to the street at generally the equivalent of 1/4 the width of the lot or less. The distance between the sidewalk and residential dwellings should, as a general rule, be occupied by a semipublic attachment, such as a porch or, at a minimum, a covered entryway. In cases of townhouses, the width shall be measured for every two units.

The build-to lines shall be established in consideration of an entire block, and the lot widths thereon and shall be commensurate with the setbacks of the adjoining neighborhoods where direct street access is provided.

The applicant may request waivers of street width requirements or one-way streets that Council shall consider based upon availability of off-street parking, provision of alleys, and the likelihood that the street will be utilized as a local collector street or for adjoining future developments.

Garages should not face the front lot line.

Parking shall not locate in the front yard of any building.

Townhouse units shall adhere to the standards of § 280-606 with respect to required variations in building facade.

Lot width should not be less than 40 feet, withstanding unit lots as authorized.

Council may require alley access to discourage excessive curb cuts on narrow lots.

Sidewalks of at least four feet in width shall be required as per the specifications of the Borough within the adjoining street right-of-way and connecting to adjacent sidewalks or trails.

Street trees shall be planted as required by the Subdivision and Land Development Ordinance.[1]

Lot coverage, impervious surface coverage, and height shall be as applied to multifamily structures in the underlying district.

Overall lot coverage and units per acre authorized in the underlying district shall apply to the site as a whole. However, individual lots may vary from the requirement. At least 20% of the total site area shall be distributed as common open space accessible to patrons or residents of the development and may include a neighborhood park or community center. This shall include a twenty-foot buffer providing a topographical break, wooded areas, landscaping and mounding, or other barriers sufficient to screen the perimeter of the development, excepting any part fronting on a street. Additionally, the development shall include a plaza linked to buildings in the development via sidewalks built to municipal standards or trails linking residential areas. The plaza shall include park benches flanking sidewalk areas, and some unifying element or focal point such as a gazebo or similar gathering area. The plaza shall comprise at least 5% of the total site area.

The following residential principal uses and structures are authorized as follows by block, the definition of which for purposes of this section shall be modified to include both sides of the subject street that lie within the R-3 District. No more than 30% of the dwelling units on any particular block shall be incorporated within or classified as the following.

All lighting and signage installed within this area shall meet the specifications and limitations of standards instituted for or permitted within the R-4/C-2 Mixed Use District.

Maximum impervious surface coverage applied to the area of any lot within the overlay shall be 70%.

Structures shall be constructed subject to the standards of § 280-605E(1), except that the amount of variations required shall be for every 30 feet and shall meet the performance standards of § 280-605E(2) through (4) and P.

Garages integral or attached to said units shall not face the front lot line. Access drives providing access to garages and parking shall be limited to one for every group of townhouses or multifamily structures unless accessed from an alley.

Unit lots are authorized as per § 280-701C.

No more than one duplex or multifamily structure shall be located on one lot.

Antennas as defined in this chapter shall be permitted in C-2, C-3 and I Zoning Districts as a conditional use. Conditional use applications may be authorized pursuant to the standards and criteria specified herewith:

Application requirements for communication antennas.

As an incentive for the preservation of historically significant structures, namely buildings historically or currently used as single-family detached dwellings, a developer or landowner is authorized to utilize such structure as an adaptive reuse under the following conditions and standards set forth in this § 280-1020.

The building used for adaptive reuse shall be located on a lot bearing frontage on one of the following streets or blocks: the south side of West New Castle Street, between Linden Street and Green Lane; West Beaver Street, between Green Lane and South Clay Street.

Unless otherwise specified, structures and activities associated with the adaptive reuse shall be in compliance with the dimensional standards of the zoning district in which it is located.

Maximum impervious surface coverage: 65%.

The following uses are authorized:

Prior to occupancy, the building shall meet the requirements of the Borough's Property Maintenance Code as enforced by the Borough at the time of application. The Borough's Code Enforcement Officer shall assess the building and shall submit a written report of any violations to the Zoning Officer. Where violations exist, the applicant shall submit a plan for compliance to the Zoning Officer which shall be incorporated as a condition of approval.

For purposes of this section and conditional use, the term "building facade" shall include all exterior walls of the building that are visible from a public street and such shall be subject to the requirements and approval processes of § 280-605, as referenced in this section.

Where repairs or improvements constitute a minor or major facade alteration as set forth in § 280-605, the applicant shall be subject to the requirements therein. However, a separate conditional use shall not be required for the approval of a major facade alteration which shall be considered in concert with the consideration of the adaptive reuse.

The demolition of any adjoining principal buildings for purposes of accommodating parking and other accessory uses as may be authorized by this section shall be subject to the processes and standards set forth in § 280-605.

The building may be expanded by no more than 10% of the gross floor area as existing at the time of application. The addition shall be subject to the standards of § 280-605E and shall be consistent with the predominant architectural features of the building.

Parking shall be furnished in accordance with Article VIII of this chapter and shall meet all standards of Article VIII of this chapter. Parking shall meet the following requirements which shall prevail over any conflicting standards otherwise set forth in this chapter:

Lighting shall meet the standards of this chapter.

The use of accessory structures shall be limited to the storage of lawn and maintenance equipment and parking of vehicles. Accessory structures shall meet the dimensional standards of the zoning district in which each is located.