A.
In addition to the general criteria listed in §§ 220-111C and 220-122B, the following sets forth standards that shall be applied to each individual special exception or conditional use. These standards must be satisfied prior to approval of any application for a special exception or conditional use. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying zone, unless those standards expressed for each special exception or conditional use specify different standards; in such cases the specific special exception or conditional use standards shall apply.
B.
For the purposes of this article, any required setbacks imposed upon
special exceptions or conditional uses shall be measured from the
boundary line of the site for which the special exception or conditional
use is requested, regardless of whether or not this line corresponds
to a property line or a lease line.
[Amended 1-30-1996 by Ord. No. 536]
Within the Residential (R-1, R-2, R-3, R-4 and COA) Zones, accessory
buildings exceeding 680 square feet in size are permitted by special
exception, subject to the following criteria:
A.
The applicant shall explain the reasons why the accessory building
must exceed 680 square feet in gross floor area. Furthermore, the
applicant must describe the intended use of the accessory building,
which must be incidental to the principal use of the property but
not associated with a home occupation.
B.
The maximum permitted height for accessory buildings exceeding 680
square feet in size shall be 20 feet.
C.
The applicant shall demonstrate that the lot coverage requirements
of the zone in which the accessory building is proposed will not be
violated.
D.
The Zoning Hearing Board may require the erection of a landscape
screen on the subject property if it determines that the proposed
use would disrupt the character of the neighborhood and/or adjoining
properties.
Within the C-1 Zone, adult-related uses are permitted by conditional
use, subject to the following criteria:
A.
An adult-related use shall not be permitted to be located within
1,000 feet of any other adult-related use.
B.
No adult-related use shall be located within 200 feet of any residentially
zoned land.
C.
No establishment shall be located within 1,000 feet of any parcel
of land which contains any one or more of the following specified
land uses:
D.
The distance between any two adult entertainment establishments shall
be measured in a straight line, without regard to intervening structures,
from the closest point on the exterior parcel line of each establishment.
The distance between any adult entertainment establishment and any
land use specified above shall be measured in a straight line, without
regard to intervening structures, from the closest point on the exterior
parcel line of the adult entertainment establishment to the closest
point on the property line of said land use.
E.
No materials, merchandise or film offered for sale, rent, lease,
loan or for view upon the premises shall be exhibited or displayed
outside of a building or structure.
F.
Any building or structure used and occupied as an adult-related use
shall have an opaque covering over all windows or doors of any area
in which materials, merchandise or film are exhibited or displayed,
and no sale materials, merchandise or film shall be visible from outside
the building or structure.
G.
No sign shall be erected upon the premises depicting or giving a
visual representation of the type of materials, merchandise or film
offered therein.
H.
Each entrance to the premises shall be posted with a notice specifying
that persons under the age of 17 years are not permitted to enter
therein, and warning all other persons that they may be offended upon
entry.
I.
No adult-related use may change to another adult-related use, except
upon approval of an additional conditional use.
J.
The use shall not create an enticement for minors because of its
proximity to nearby uses where minors may congregate.
K.
No unlawful sexual activity or conduct shall be permitted.
L.
No more than one adult-related use may be located within one building
or shopping center.
Within the C-1 Zone, amusement arcades are permitted by special
exception, subject to the following criteria:
A.
All activities shall take place within a completely enclosed building.
B.
The applicant must furnish evidence as to how the use will be controlled
so as to not constitute a nuisance due to noise or loitering outside
the arcade.
C.
A minimum of one parking space for each 80 square feet of gross leasable floor area shall be provided. In addition, any accessory uses (e.g., snack bar) shall also require parking to be provided in accordance with the schedule listed in § 220-33 of this chapter.
D.
A working plan for the cleanup of litter shall be furnished and implemented
by the applicant.
Within the C-1 Zone, automobile filling stations (including
minor incidental repair) are permitted by special exception, subject
to the following criteria:
A.
The subject property shall have a minimum width of 125 feet.
C.
The subject property shall be located at least 300 feet from any
lot containing a school, day-care facility, playground, library, hospital
or nursing, rest or retirement home.
D.
The outdoor storage of motor vehicles (whether capable of movement
or not) for more than one week is prohibited.
E.
All structures (including gasoline pump islands, but not permitted
signs) shall be set back at least 30 feet from any street right-of-way
line.
F.
No outdoor storage of automobile parts (new or used) shall be permitted.
No discarded automobile parts shall remain on the site for more than
one week from when they are removed from the vehicle.
G.
Access driveways shall be a minimum of 28 feet wide and separated
by 75 feet from one another if located along the same frontage as
measured from edge to edge.
H.
All ventilation equipment associated with fuel storage tanks shall
be set back 100 feet and oriented away from any adjoining residentially
zoned properties.
I.
The applicant shall furnish evidence that the disposal of all materials
will be accomplished in a manner that complies with state and federal
regulations.
Within the C-1 Zone, automobile reconditioning, service and
repair facilities, including, but not limited to, auto mechanics,
drive-through lubrication services and tires, auto paint, brake, muffler,
transmission, windshield, auto body, car radio, and upholstery shop,
are permitted by special exception, subject to the following criteria:
A.
All service and/or repair activities shall be conducted within a
completely enclosed building.
B.
All uses involving drive-through service shall provide sufficient
on-site stacking lanes to prevent vehicle backups on adjoining roads.
C.
No outdoor storage of parts, equipment, lubricants, fuel, or other
materials used or discarded as part of the service or repair operation
shall be permitted.
D.
All exterior vehicle storage areas shall be screened from adjoining
residentially zoned properties and roads.
E.
The storage of unlicensed vehicles is prohibited.
F.
Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directed toward any adjoining residentially
zoned property.
G.
All vehicles shall be repaired and removed from the premises promptly.
H.
The demolition or junking of automobiles is prohibited. Demolished
vehicles shall be removed from the site within two weeks of arrival.
I.
The applicant shall furnish evidence that the disposal of materials
will be accomplished in a manner that complies with state and federal
regulations.
Within the I Zone, automobile storage compounds are permitted
by conditional use, subject to the following:
A.
Any site used for the storage of more than 100 vehicles shall front solely upon a collector or arterial road, as listed in § 220-37 of this chapter.
B.
All exterior areas used for the storage of automobiles shall be completely
enclosed by a six-foot-high fence and shall be subject to the I Zone's
setback, landscaping and screening requirements imposed upon off-street
parking lots.
C.
Access drives shall be governed by § 220-32 for a distance of 50 feet from the edge of the street right-of-way. Beyond this, all areas used for vehicle access or storage shall not be governed by § 220-33 (off-street parking) of this chapter. However, all storage areas shall, at a minimum, include a nonpaved all-weather dust-free surface.
D.
Vehicles may be stored in a horizontal stacked configuration; however,
no vehicles shall be located more than 100 feet from a minimum eighteen-foot-wide
on-site access drive.
E.
All lighting shall be designed and constructed so as not to cast
glare on adjoining roads and/or properties.
Within the CBD Zone, banks and similar financial institutions
with drive-through lanes are permitted by special exception, subject
to the following criteria:
A.
No drive-through lane entrance shall be located within 100 feet of
the intersection of any street or alley right-of-way lines.
B.
All drive-through lanes shall be separated by curb from the parking
lot's interior driveways.
C.
No more than two drive-through lanes shall be permitted.
D.
Any exterior speaker/microphone system shall be arranged and/or screened
to prevent objectionable noise impact on adjoining properties or the
streetscape.
E.
All drive-through lanes shall be designed and signed to maximize
pedestrian safety on and adjacent to the subject property.
Within the COA Zone, barber and beauty salons are permitted
by special exception, subject to the following criteria:
A.
All such uses shall be contained within a detached building.
B.
No more than two operators may provide service at any given time.
C.
Four off-street parking spaces shall be provided for each operator.
Such parking spaces shall be screened from adjoining roads and properties
and shall be located in the rear yard.
D.
One sign is permitted, which shall not exceed six square feet in
total sign area. Such sign shall be set back at least two feet from
every side and/or rear property line.
[Amended 9-27-2022 by Ord. No. 678]
Within the R-3, COA and CBD Zones, bed-and-breakfasts, as defined
herein, are permitted by right, subject to the following criteria:
A.
No modifications to the external appearance of the building which
would alter its residential character shall be permitted.
B.
All floors above grade shall have direct means of escape to ground
level. Fire escapes, where practicable, shall not be located and affixed
to the front walls of the building.
C.
One off-street parking space shall be provided for each room available
for rent, in addition to those required for the dwelling unit. Such
spaces shall be located in a side or rear yard and shall be screened
from adjoining residentially zoned properties and any street(s).
D.
All parking areas shall be set back a minimum of five feet from all
property lines and screened from adjoining residentially zoned properties
and any street(s).
E.
A bed-and-breakfast may erect one sign no larger than six square
feet in size. Such sign must be set back two feet from all side and/or
rear lot lines.
F.
The applicants shall furnish evidence of an approved means of sewage
disposal and water supply prior to occupancy.
G.
Meals shall be offered only to registered tenants and their guests.
H.
Bed-and-breakfasts shall only be operated during times when the owner
occupies the premises.
Within the CBD and COA Zones, boardinghouses are permitted by
special exception, subject to the following criteria:
A.
Minimum lot area: 10,000 square feet.
B.
The applicant shall furnish evidence that approved systems for sewage
disposal and water supply shall be used.
C.
No modifications to the external appearance of the building (except
fire escapes) which would alter its residential character shall be
permitted.
D.
All floors above grade shall have direct means of escape to ground
level.
E.
One off-street parking space shall be provided for each room available
for rent in addition to those required for the dwelling unit.
F.
All parking areas shall be set back a minimum of 15 feet from all
property lines, and such parking shall be screened from adjoining
residentially zoned properties and any street(s).
G.
Meals shall be offered only to registered tenants and their guests.
H.
No signs advertising the use shall be permitted.
I.
Within the CBD Zone, this use shall be restricted to second and third
floors, preserving the first-floor area for permitted business uses.
Within the C-1 Zone, car washes are permitted by special exception,
subject to the following criteria:
A.
Public sewer facilities shall be utilized, and private on-lot recycled
water systems are encouraged.
B.
Each washing bay shall provide a minimum one-hundred-foot-long on-site
stacking lane between the frontage and the entrance to the wash bay.
C.
All structures housing washing apparatuses shall be set back 50 feet
from any front or rear property line and 20 feet from any side lot
line.
D.
Trash receptacles shall be provided and routinely emptied to prevent
the scattering of litter.
E.
The subject property shall front on an arterial or collector road, as identified in § 220-37 of this chapter.
F.
Waste disposal methods shall be presented and comply with all applicable
state and federal requirements.
Within the R-1, R-3 and COA Zones, churches and related uses
are permitted by special exception, subject to the following criteria:
A.
House of worship.
(1)
Minimum lot area: one acre.
(2)
Minimum lot width: 200 feet.
(3)
All houses of worship shall have vehicular access to an arterial or collector highway, as identified in § 220-37 of this chapter.
(4)
Side yard setback: 50 feet on each side.
(5)
All off-street parking areas shall be set back at least 25 feet from
the street right-of-way line.
B.
Church-related residences (rectories and convents).
C.
Church-related educational or day-care facilities.
(1)
All educational or day-care uses shall be accessory and located upon
the same lot as a house of worship.
(2)
If education or day care is offered below the college level, an outdoor
play area shall be provided at a rate of 65 square feet per individual
enrolled. Off-street parking lots shall not be used as outdoor play
areas. Outdoor play areas shall not be located within the front yard
and must be set back 25 feet from all property lines. Outdoor play
areas shall be completely enclosed by a six-foot-high fence and screened
from adjoining residentially zoned properties. Any vegetative materials
located within the outdoor play areas shall be of a nonharmful type
(poisonous, thorny, allergenic, etc.). All outdoor play areas must
provide a means of shade, such as shade tree(s) or pavilion(s).
(3)
Enrollment shall be defined as the largest number of students and/or
children under day-care supervision at any one time during a seven-day
period.
(4)
Passenger dropoff areas shall be provided and arranged so that passengers
do not have to cross traffic lanes on or adjacent to the site.
(5)
All educational or day-care uses shall be governed by the location,
height and bulk standards imposed upon principal uses within the underlying
zone.
(6)
Unless the applicant can demonstrate that the off-street parking
associated with the house of worship is sufficient for the proposed
use, one off-street parking space shall be provided for each six students
enrolled below grade 10 and/or one off-street parking space for each
three students, grades 10 and above.
(7)
The applicant shall furnish evidence that all licenses have been
obtained.
D.
Cemeteries.
(1)
All burial plots or structures shall be located at least 50 feet
from any property line or street line.
(2)
Assurances must be provided that water supplies of surrounding properties
will not be contaminated by burial activity within the proposed cemetery.
(3)
No burial plots or facilities are permitted in floodplain or flood-fringe
areas.
Within the R-1 Zone, commercial day-care facilities are permitted
by special exception, subject to the following criteria:
A.
An outdoor play area shall be provided at a rate of 65 square feet
per individual enrolled. Off-street parking compounds shall not be
used as outdoor play areas. Outdoor play areas shall not be located
within the front yard and must be set back 25 feet from all property
lines. Outdoor play areas shall be completely enclosed by a six-foot-high
fence and screened from adjoining residentially zoned properties.
Any vegetative materials located within the outdoor play areas shall
be of a nonharmful type (poisonous, thorny, allergenic, etc.). All
outdoor play areas must provide a means of shade, such as a shade
tree(s) or pavilion(s).
B.
Enrollment shall be defined as the largest number of students and/or
children under day-care supervision at any one time during a seven-day
period.
C.
Passenger dropoff and pickup areas shall be provided on site and
arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site.
D.
One off-street parking space shall be provided for each six students
enrolled.
E.
The subject property must front along a collector or arterial road, as identified in § 220-37 of this chapter.
F.
The proposed use shall obtain all necessary state licenses and permits.
Within the C-1 Zone, commercial recreation facilities are permitted
by conditional use, subject to the following criteria:
A.
If the subject property contains more than two acres, it shall front on an arterial or collector road, as identified in § 220-37 of this chapter.
B.
Those uses involving extensive outdoor activities shall provide sufficient
screening and/or landscaping measures to mitigate any visual and/or
audible impacts on adjoining properties.
C.
Any structures exceeding the maximum permitted height may be permitted
so long as they are set back from all property lines at least the
horizontal distance equal to their height, plus an additional 50 feet.
Furthermore, such structures shall not be used for occupancy.
D.
The applicant shall furnish evidence that the proposed use will not
be detrimental to the use of adjoining properties due to hours of
operation, noise, light, litter, dust and pollution.
E.
Required parking will be determined based upon the types of activities proposed and the schedule listed in § 220-33S. In addition, the Borough Council may require an unimproved grassed overflow parking area to be provided for peak-use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.
F.
Any booths or other structures used for the collection of admission
and/or parking fees shall be set back and arranged to prevent vehicle
backups on adjoining roads during peak arrival periods. Any other
collection of fees (roaming parking lot attendants) shall be conducted
in a manner to prevent vehicle backups on adjoining roads. If at any
time after the opening of the commercial recreation facility the Borough
Council determines that traffic backups are occurring on adjoining
roads, and such backups are directly related to the means of access
to the subject property, the Borough Council can require the applicant
to revise means of access to relieve the undue congestion.
G.
Any outside pedestrian waiting lines shall be provided with a means
of shade.
[Amended 8-29-2000 by Ord. No. 569; 9-27-2022 by Ord. No. 678]
A.
Conversion apartments, efficiency apartments, and accessory dwelling
suites shall be permitted by special exception, subject to the following:
conversion apartments shall only be permitted within buildings that
contained 3,000 or more square feet of habitable floor area on the
effective date of this chapter.
(1)
Conversion
and efficiency apartments shall only be permitted within buildings
that contained 3,000 or more square feet of habitable floor area on
the effective date of this chapter.
(2)
All
dwelling units except for an efficiency apartment within the conversion
apartment building shall contain at least 700 square feet of habitable
floor area.
(3)
The
applicant shall furnish evidence that an approved system of water
supply and sewage disposal will be utilized.
(4)
No
modifications to the external appearance of the building that would
alter its residential appearance shall be permitted. Except that this
provision shall not apply to structures in the PC-1 Zone.
(5)
All
floors above grade shall have direct means of escape to ground level.
(6)
Two
off-street parking spaces per unit shall be provided.
(7)
The
applicant shall obtain any required land development approvals.
(8)
Within
the CBD Zone, conversion and efficiency apartments shall be restricted
to second and third floors, preserving the first-floor area for permitted
business uses.
(9)
An
efficiency apartment shall be part of an existing structure that meets
the same criteria as that of a conversion apartment except for the
square footage and shall not be permitted in an accessory structure.
(10)
Efficiency apartments are limited to one bedroom with a maximum two-person
occupancy and shall meet all current zoning and building code regulations.
The unit shall be provided with a kitchen sink, a cooking appliance
and refrigeration facilities meeting the requirements of the Property
Maintenance Code. There shall be suitable counter space to prepare
and serve foods in a sanitary manner plus adequate space such as cabinets/shelves
for storage. The unit shall provide its own separate bathroom containing
a water closet, lavatory and bathtub or shower with a door for privacy;
the bedroom shall be partitioned with a permanent wall of at least
six feet in height and may or may not have a door.
B.
An accessory
dwelling suite shall be located on the first floor and contain between
450 to 550 square feet.
(1)
An
accessory dwelling suite shall be permitted to be created from a part
of an existing single-family owner-occupied dwelling or a new addition.
(2)
The
space shall be designed in such a way that it integrates itself as
part of the first floor dwelling unit floor plan with a connecting
door as well as its own private entry.
(3)
This
space shall always be secondary to the main use. No separate address
may be created, and utilities shall remain as that for a single-family
dwelling.
(4)
An
accessory dwelling suite addition shall meet all setbacks and other
guidelines as stated in the zoning ordinance and building code.
(5)
A
letter from MAWSA shall be provided for approval of water and sewer
availability.
(6)
No
accessory dwelling suite may be established in an accessory structure.
(7)
An accessory dwelling suite shall meet the criteria provided in § 220-60A(10) for efficiency apartments.
(8)
An
accessory dwelling suite shall provide one off-street parking space
in addition to the required two of the existing dwelling.
Within the C-1 Zone, drive-through and/or fast-food restaurants
are permitted by conditional use, subject to the following criteria:
A.
The subject property shall front on an arterial or collector road, as identified in § 220-37 of this chapter.
B.
Exterior trash receptacles shall be provided and routinely emptied
so to prevent the scattering of litter. All applications shall include
a description of a working plan for the cleanup of litter.
C.
All drive-through window lanes shall have at least sufficient space
to stack five vehicles waiting to order and shall be separated from
the parking lot's interior driveways by the use of curbs and/or planting
islands.
D.
Any exterior speaker/microphone system shall be arranged and/or screened
to prevent objectionable noise impact on adjoining properties.
E.
All exterior seating/play areas shall be completely enclosed by a
three-foot-high fence.
F.
No part of the subject property shall be located within 200 feet
of any residentially zoned land.
Within the CBD Zone, dry cleaners and laundry stations are permitted
by special exception, subject to the following criteria:
A.
No on-site dry cleaning operations shall be permitted.
Within the R-1, R-2, R-3, R-4 and COA Zones, family day-care
facilities are permitted by special exception, subject to the following
criteria:
A.
All family day-care facilities shall be conducted within a detached
single-family dwelling by a resident of the dwelling.
B.
A family day-care facility shall offer care and supervision to no
more than six minors who are not relatives of the caregiver during
any calendar day.
C.
All family day-care facilities with enrollment of more than three
minors shall furnish a valid registration certificate for the proposed
use issued by the Pennsylvania Department of Public Welfare.
D.
An outdoor play area no less than 400 square feet in area shall be
provided. Such play area shall not be located within the front yard
nor any vehicle parking lot. A minimum four-foot-high fence shall
completely enclose the outdoor play area. Any vegetative materials
located within the outdoor area shall be free of a harmful type (poisonous,
thorny, allergenic, etc.). All outdoor play areas must include a means
of shade, such as a shade tree(s) or pavilion(s).
E.
Passenger dropoff and pickup areas shall be provided on site and
arranged so that passengers do not have to cross traffic lanes on
or adjacent to the site.
Within the COA and CBD Zones, funeral homes are permitted by
special exception, subject to the following criteria:
Within the I Zone, heavy equipment sales, service and/or repair
service facilities are permitted by conditional use, subject to the
following criteria:
A.
All service and/or repair activities shall be conducted within a
wholly enclosed building.
B.
All uses involving drive-through service shall provide sufficient
on-site stacking lanes to prevent vehicle backups on adjoining roads.
C.
No outdoor storage of parts, equipment, lubricants, fuel, or other
materials used or discarded as part of the service or repair operation
shall be permitted.
D.
All exterior storage and/or display areas shall be screened from
adjoining residentially zoned properties. All exterior storage/display
areas shall be set back at least 50 feet from adjoining street lines
and shall be covered in an all-weather dust-free surface.
E.
The storage of junked vehicles, boats, machinery, trucks, trailers,
mobile homes and heavy equipment vehicles on the property is prohibited.
F.
Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directed toward any adjoining residentially
zoned property.
G.
All vehicles shall be repaired and removed from the premises promptly.
H.
The applicant shall provide a detailed description of the proposed
operation, the materials used, the products produced, and the generation
and methods for disposal of any by-products. In addition, the applicant
shall furnish evidence that the disposal of all materials will be
accomplished in a manner that complies with all applicable laws and
ordinances.
Within the I Zone, heavy industrial uses are permitted by conditional
use, subject to the following criteria. The applicant shall provide
a detailed description of the proposed use in each of the following
topics:
A.
The nature of the on-site processing operations, the materials used
in the process, the products produced, and the generation and methods
for disposal of any by-products. In addition, the applicant shall
furnish evidence that the disposal of materials will be accomplished
in a manner that complies with state and federal regulations.
B.
The general scale of the operation in terms of its market area, specific
floor space requirements for each step of the industrial process,
the total number of employees on each shift, and an overall needed
site size.
C.
Any environmental impacts that are likely to be generated (e.g.,
odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, stormwater, solid waste, etc.) and specific measures employed
to mitigate or eliminate any negative impacts. The applicant shall
further furnish evidence that the impacts generated by the proposed
use fall within acceptable levels, as regulated by applicable laws
and ordinances.
Within the C-1 Zone, home improvement stores are permitted by
special exception, subject to the following criteria:
Within the R-1, R-2, R-3, R-4, COA and CBD Zones, home occupations
are permitted by special exception, subject to the following criteria:
A.
Only single-family detached owner-occupied dwellings may contain
one home occupation.
B.
Only resident employees shall be permitted.
C.
Such occupations shall be incidental or secondary to the use of the
property as a residence and are limited to those occupations customarily
conducted within a dwelling unit.
D.
No off-street parking, besides those required for the residence,
shall be permitted.
E.
Retail sales shall be limited to goods and services that are produced
or repaired on the site. No more than 50 square feet of retail display
area shall be permitted. No goods shall be visible from the outside
of the dwelling.
F.
The area used for the practice of a home occupation shall occupy
no more than 25% of the total floor area of the dwelling unit or 500
square feet, whichever is less. All home occupation activities shall
be conducted within the dwelling building.
G.
No manufacturing, repairing or other mechanical work shall be performed
in any open area. Such activity shall be conducted in such a way that
no noise, odor, vibration, electromagnetic interference or smoke shall
be noticeable at or beyond the property line.
H.
No external storage of materials or products shall be permitted.
No storage in accessory structures or attached garages shall be permitted.
I.
The exterior appearance of the structure or premises is constructed
and maintained as a residential dwelling.
J.
One nonilluminated sign, not to exceed two square feet in display
area, shall be permitted.
Within the C-1 and I Zones, kennels are permitted by special
exception, subject to the following criteria:
A.
No animals shall be boarded outside of a completely enclosed building.
B.
All external exercise runs or areas shall be located within the rear
yard, completely enclosed by a minimum six-foot-high fence, and located
no less than 10 feet from all property lines.
C.
The outdoor running/exercising of animals shall only be permitted
if a responsible employee oversees such activities.
D.
The applicant shall demonstrate a working plan for the regular cleanup
and proper disposal of all animal wastes.
E.
Operation of dog kennels shall comply with the Dog Law, Act of December
7, 1982, P.L. 784, No. 225, as amended, 3 P.S. § 459-101
et seq., and all applicable regulations of the Department of Agriculture.
[Amended 8-29-2000 by Ord. No. 569]
Within the C-1 and PC-1 Zones, mini warehouses are permitted
by special exception, subject to the following criteria:
A.
Off-street parking spaces shall be provided according to the schedule listed in § 220-33S of this chapter.
B.
Parking shall be provided by parking/driving lanes adjacent to the
buildings. These lanes shall be at least 26 feet wide when cubicles
open onto one side of the lane only, and at least 30 feet wide when
cubicles open onto both sides of the lane.
C.
Required parking spaces may not be rented as, or used for, vehicular
storage. However, additional external storage area may be provided
for the storage of privately owned travel trailers and/or boats, so
long as such external storage area is screened from adjoining residentially
zoned land and adjoining roads and is located behind the minimum front
yard setback line. This provision shall not be interpreted to permit
the storage of partially dismantled, wrecked or inoperative vehicles.
D.
All storage shall be kept within an enclosed building, except that
the storage of flammable, highly combustible, explosive or hazardous
chemicals shall be prohibited. Any fuel tanks and/or machinery or
other apparatuses relying upon such fuels shall be stored only in
an external storage area as described above.
E.
An on-site manager shall be required to occupy the site during normal
working hours and shall be responsible for maintaining the operation
of the facility in conformance with the conditions of approval and
all applicable ordinances.
F.
Because of the danger from fire or explosion caused by the accumulation
of vapors from gasoline, diesel fuel, paint, paint remover, and other
flammable materials, the repair, construction or reconstruction of
any boat, engine, motor vehicle or furniture is prohibited.
G.
No door openings for any mini warehouse storage unit shall be constructed
facing any adjoining residentially zoned property. Additionally, in
the PC-1 Zone, no door opening which provides access to a storage
facility shall be situated in a manner which faces an adjoining public
right-of-way, walkway, bike path or open space/park area.
H.
Mini warehouses shall be used solely for the dead storage of property.
The following lists examples of uses expressly prohibited upon the
site:
(1)
Auctions, commercial wholesale or retail sales, or garage sales.
(2)
The servicing, reconditioning, repair or fabrication of motor vehicles,
boats, trailers, lawn mowers, appliances or other similar equipment.
(3)
The operation of power tools, spray-painting equipment, table saws,
lathes, compressors, welding equipment, kilns or other similar equipment.
(4)
The establishment of a transfer and storage business.
(5)
Any use that is noxious or offensive because of odors, dust, noise,
fumes or vibrations.
I.
The applicant shall adequately demonstrate that all mini warehouse
rental and/or use contracts shall specifically prohibit these uses.
J.
In the PC-1 Zone, the development of mini warehouses shall be restricted
to the conversion of a building which existed at the time of the creation
of the PC-1 Zone.
Within the R-4 Zone, mobile home parks are permitted by conditional
use, subject to the following criteria:
A.
A mobile home park shall contain a minimum of two acres.
B.
All mobile home parks shall be served by public water and public
sanitary sewer facilities.
C.
Maximum density in a mobile home park shall be 5.8 units per acre.
D.
All mobile home lots shall contain at least 4,250 square feet.
E.
Each mobile home lot shall have a minimum front yard of 30 feet,
rear yard of 20 feet and two side yards of 10 feet each. In no case
shall the distance between any two mobile homes be less than 20 feet.
(These setbacks shall also apply to mobile home park offices, service,
utility or other buildings.)
F.
All mobile home parks shall be provided with a perimeter landscape
buffer strip that is at least 25 feet wide. Such width shall be measured
from adjoining property and rights-of-way lines.
G.
Each mobile home shall be placed on a six-inch-thick poured concrete
pad over a six-inch stone base, the length and width of which shall
be at least equal to the length and width of the mobile home it is
to support. Each pad shall include properly designed utility connections.
Protective skirting shall be placed around the area between the pad
and the floor level of each mobile home so as to prevent that area
from forming a harborage for rodents, to allow the creation of a fire
hazard, or to expose unsightly conditions.
H.
Each mobile home shall be provided with a minimum of two paved parking
spaces containing at least 180 square feet of bituminous or concrete
surface, which shall be located on the mobile home lot. If on-street
parking is not provided, one additional off-street parking space per
unit shall be provided in a common visitor parking compound. Such
visitor parking compounds shall be sized, arranged and located so
that the spaces are within 300 feet walking distance to any unit served.
Access to all parking spaces shall be limited to interior roads of
the mobile home park; in no case shall access to such parking spaces
be provided from adjoining public roads.
I.
Interior mobile home park roads with no on-street parking shall be
paved with an all-weather dust-free surface at least 24 feet wide.
An additional width of 10 feet shall be provided for each lane of
on-street parking.
J.
Individual mobile home owners may install accessory or storage sheds,
extensions and additions to mobile homes and exterior patio areas.
Any such facilities so installed shall not intrude into any required
front, side or rear yard and, in every case, shall substantially conform
in style, quality and color to the existing mobile homes.
K.
There shall be a minimum of 25% of the gross acreage of the mobile
home park devoted to active and/or passive common recreational facilities.
Responsibility for maintenance of the recreational areas shall be
with the landowner and/or the operator. Should the landowner and/or
the operator neglect to maintain the designated recreational area
as depicted on the plan, the Borough may then maintain said areas
and assess the landowner for any costs incurred.
L.
A visual screen shall be placed along the mobile home park boundaries
that adjoin other residentially zoned properties. Such screen can
consist of sight-tight fencing, vegetative materials, or earthen berms
that are so arranged to effectively block the views from ground level
on adjoining properties. Screening shall be provided between ground
level and at least a height of six feet. If sight-tight fencing is
used, it shall not encompass more than 50% of the total surface area
of the required screen.
Within the C-1 Zone, nightclubs are permitted by conditional
use, subject to the following criteria:
A.
No part of the subject property shall be located within 200 feet
of any residentially zoned land.
B.
The applicant shall furnish evidence that the proposed use will not
be detrimental to the use of adjoining properties due to hours of
operation, light and/or litter.
C.
The applicant shall furnish evidence as to how the use will be controlled
so as to not constitute a nuisance due to noise or loitering outside
the building.
D.
A working plan for the cleanup of litter shall be furnished and implemented
by the applicant.
Within the COA Zone, office conversions of detached dwellings
that existed on the effective date of this chapter are permitted by
special exception, subject to the following:
A.
No exterior structural modifications to the building (except for
fire escapes) shall be permitted.
B.
The site shall front on and have vehicular access to a collector or arterial road, as listed in § 220-37 of this chapter.
C.
Off-street parking shall be provided in the rear or side yards and
shall be screened from adjoining roads and properties.
D.
One sign shall be permitted, not exceeding six square feet in total
sign area.
E.
All activities must be conducted within a completed enclosed building.
[Amended 7-12-2011 by Ord. No. 622; 6-28-2016 by Ord. No. 650]
A.
Outdoor cafes serving alcohol shall provide evidence confirming compliance
with all applicable state laws, including but not limited to, those
of the Pennsylvania Liquor Control Board.
B.
Outdoor cafes shall only be permitted by right as accessory uses
to a principal restaurant. The hours of operation shall coincide with
the hours of operation of the restaurant to which it is an accessory
use, but in no case shall the outdoor cafe operate between the hours
of 10:00 p.m. and 5:00 a.m.
C.
Outdoor dining may be located on a sidewalk, provided that there
shall be a minimum pathway of at least four feet in width along the
sidewalk that is free of obstacles to allow for pedestrian traffic.
D.
Outdoor cafes located within a side and/ or rear yard shall be screened
from adjoining properties with fencing or vegetation that provides
a complete visual barrier between ground level and six feet in height.
E.
Outdoor furnishings are limited to tables, chairs, umbrellas, and items listed in Subsection H of this section below.
F.
Outdoor furniture shall be removed from the sidewalk and stored inside
the restaurant or in a rear or side yard after operating hours. Outdoor
furnishings that consist of all-in-one, combination seating/tables
shall not be required to be removed daily.
G.
Any lighting or music systems serving the outdoor cafe shall be located
and designed so as not to constitute a nuisance to adjoining properties.
H.
Planters, posts with ropes, and other removable enclosures, as well
as a reservation podium, are required as a way of defining the area
occupied by the outdoor dining on a sidewalk.
I.
Refuse facilities shall be provided and maintained by the restaurant.
All areas within the outdoor cafe, as well as the surrounding area,
including but not limited to the sidewalk, shall be kept clear of
all refuse and shall be kept clean. Food and drink spills, etc., shall
be cleaned immediately.
Within the COA and CBD Zones, the conversion of buildings that
existed on the effective date of this chapter to private clubs shall
be permitted by special exception, subject to the following:
A.
No exterior structural modifications to the building (except for
fire escapes) shall be permitted.
B.
The site shall front on and have vehicular access to a collector or arterial road, as listed in § 220-37 of this chapter.
C.
Off-street parking shall be provided in the rear or side yards and
shall be screened from adjoining roads and properties.
D.
One sign shall be permitted, not exceeding six square feet in total
sign area.
E.
All activities must be conducted within a completely enclosed building.
Within the R-1, R-3 and COA Zones, public and private schools
are permitted by special exception, subject to the following criteria:
A.
All height, area, setback and coverage standards within the underlying
zone shall apply.
B.
All off-street parking lots shall be screened from adjoining residentially
zoned properties.
C.
If education is offered below the college level, an outdoor play
area shall be provided, at a rate of 65 square feet per individual
enrolled. Off-street parking lots shall not be used as outdoor play
areas. Outdoor play areas shall not be located within the front yard
and must be set back 10 feet from all property lines. Outdoor play
areas shall be completely enclosed by a six-foot-high fence and screened
from adjoining residentially zoned properties. Any vegetative materials
located within the outdoor play area shall be of a nonharmful type
(poisonous, thorny, allergenic, etc.). All outdoor play areas must
provide a means of shade, such as a shade tree(s) or pavilion(s).
Enrollment shall be defined as the largest number of students on the
site at any one time during a seven-day period.
D.
Passenger dropoff and pickup areas shall be provided and arranged
so that students do not have to cross traffic lanes on or adjacent
to the site.
E.
Within the COA Zone, private schools shall only be conducted within
buildings that existed on the effective date of this chapter.
Within the I Zone, recycling of paper, plastic, glass and metal
products is permitted by conditional use, subject to the following
criteria:
A.
All operations, including collection, shall be conducted within a
completely enclosed building.
B.
There shall be no outdoor storage of materials processed, used or
generated by the operation.
C.
The applicant shall explain the scope of operation and any measures
used to mitigate problems associated with noise, fumes, dust and litter.
D.
The applicant shall present a working plan to assure the immediate
collection of stray debris.
Within the C-1 Zone, shopping centers may be permitted by conditional
use, subject to the following:
C.
A minimum of 5 1/2 off-street parking spaces shall be provided for each 1,000 square feet of gross leasable floor area. This parking requirement is also subject to the permitted reduction described in § 220-33Q of this chapter.
D.
Both public sewer and public water shall be utilized.
E.
A traffic study shall be submitted by a qualified traffic engineer concerning the adequacy of the existing and/or proposed road systems to accommodate increased traffic from the shopping center development. Such study shall be prepared in accordance with § 220-41 of this chapter.
F.
The shopping center shall be permitted to erect one planned center sign along each of the center's frontages. At least 50% of the total sign area shall be devoted to advertisement of the shopping center's name. The size of such sign shall not exceed one square foot for each four feet of frontage contained within the shopping center. In no case shall a planned center sign exceed a maximum size of 64 square feet nor an overall height of 20 feet. In addition, individual uses within the shopping center may have signs; however, such signs shall be flat wall, wall projecting, or roof signs, as defined in § 220-36B of this chapter.
[Amended 9-27-2022 by Ord. No. 678]
Within the C-1 and CBD Zones taverns are permitted by special
exception, subject to the following criteria:
A.
The subject property shall be screened from any adjoining residentially
zoned land.
B.
The applicant shall furnish evidence that the proposed use will not
be detrimental to the use of adjoining properties due to hours of
operation, light and/or litter.
C.
The applicant shall furnish evidence as to how the use will be controlled
so as to not constitute a nuisance due to noise or loitering outside
the building.
D.
A working plan for the cleanup of litter shall be furnished and implemented
by the applicant.
Within the R-1 Zone, village cluster developments shall be permitted
by conditional use, subject to the following:
A.
Purpose.
(1)
In compliance with §§ 606 and 605 of the Act, this
zone provides an optional set of design standards that can be applied
to only property located within the R-1 Residential Zone. These optional
design standards seek to achieve a village-type setting that is characteristic
of much of the Borough's built environment and heritage. All of the
design standards of this zone are vital if the "village" atmosphere
is to be achieved. While many of the following requirements deal with
issues that typically transcend zoning jurisdiction, they are provided
as design options and are, therefore, considered voluntarily self-imposed
by prospective developers but enforceable by the Borough.
(2)
Some of the specific development objectives of the zone include the
design and construction of neighborhoods that:
(a)
Are distinct in their incorporation of important natural and
cultural features.
(b)
Provide for a diversity of housing types, sizes and costs with
particular emphasis on scattered-site affordable housing opportunities.
(c)
Provide for convenient vehicular access to the neighborhood's
edge but increased reliance upon pedestrian movements within its bounds.
(d)
Integrate local businesses and trades to enhance resident convenience
and offer limited employment opportunities.
(e)
Make efficient use of local infrastructure and services.
(f)
Reflect the historic and traditional building styles so abundant
within the Borough.
(g)
Reserve and feature civic uses and open spaces as community
focal points.
(h)
Provide safe, efficient and compatible linkages with existing
nearby land uses, streets, sidewalks, etc.
(i)
Invite regular and frequent social interaction among its inhabitants.
(j)
Blend all of these above-described features in a way that promotes
community identification and a "sense of belonging" for the residents.
(3)
These development objectives will be used as a measure of conformance
with any proposed development under this section.
B.
Relationship to other ordinances and sections of this chapter. The provisions of this § 220-80 create an optional and inseverable set of design standards which may be applied to lands within the R-1 Zone. Such standards may only be applied to property upon approval by Borough Council and written acceptance by the landowner of all requirements of this section and any valid conditions of approval attached by Borough Council. Such standards establish different land use and design requirements from those contained in this and other ordinances of the Borough. To the extent the regulations within this section differ (are more, or less restrictive) from others, those within this section shall govern. However, all other provisions of this and other ordinances of the Borough shall remain in full force.
D.
Review procedures. All proposals shall be governed by the application and review procedures for conditional uses according to § 220-122 of this chapter. The remaining requirements shall be used as the specific criteria for evaluating the approval of any conditional use(s).
E.
Conditional uses.
(1)
Public uses and public utilities structures.
(2)
Public and nonprofit parks and playgrounds.
(3)
Churches and related uses.
(4)
Single-family detached dwellings.
(5)
Duplexes.
(6)
Townhouses with no more than four units per building.
(7)
Quadruplexes.
(8)
Accessory building apartments with no more than one dwelling unit.
(11)
Accessory uses customarily incidental to the above permitted
uses.
F.
Minimum area requirements. All applications shall contain no less
than 10 contiguous acres. However, applications that expand previously
approved village cluster developments shall have no minimum area requirements.
G.
Required mixture of uses. All village cluster developments shall
provide a mixture of uses that conform with the following ratios of
net acreage (excluding streets, alleys, and utility rights-of-way):
|
Use
|
Required Percentage
| |
|---|---|---|
|
Public, civic, open spaces
|
Minimum 30%
| |
|
Single-family detached dwellings (including accessory apartments)
|
Minimum 40%
| |
|
Other dwellings (duplexes, townhouses, quadruplexes)
|
10% to 30%
|
H.
Maximum coverage. In no case shall more than 55% of a village cluster
development site be covered with buildings and/or other impervious
surfaces.
I.
Residential design requirements.
(1)
Lot design standards. See following table:
|
Required Setbacks2
| |||||||
|---|---|---|---|---|---|---|---|
|
Permitted Dwelling Type
|
Maximum Permitted Density
(units/net acre)
|
Minimum Lot Width at Building Line
(feet)
|
Maximum Lot Coverage
(percent)
|
Front Build-To Line1
(feet)
|
One Side
(feet)
|
Both Sides
(feet)
|
Rear
(feet)
|
|
Single-family detached
|
7
|
50
|
50%3
|
10
|
6
|
12
|
20
|
|
Duplex
|
7
|
40 per unit
|
70%
|
10
|
6 per unit
|
N/A
|
20
|
|
Townhouse
|
7
|
18 per unit
|
70%
|
10
|
10, end units
|
N/A
|
20
|
|
Quadruplex
|
7
|
30 per unit
|
70%
|
10
|
10, end units
|
N/A
|
20
|
|
NOTES:
| |
|---|---|
|
1
|
No less than 70% of a building's front facade (including
the front facade of any covered or uncovered porches) must be located
on the front build-to line; except, however, no less than 50% of any
townhouse or quadruplex building must be located on the front build-to
line. Front build-to lines shall be measured between the edges of
the street right-of-way and the closest facade of the building, including
porches. No part of any building shall extend closer to a street than
the front build-to line.
|
|
2
|
Required setbacks for accessory structures shall be
10 feet from rear lot lines and six feet from side lot lines. No accessory
buildings shall be permitted within the front yard.
|
|
3
|
Maximum lot coverage requirements shall not apply to
porches located within the front yard.
|
(2)
Residential building design standards. All residences shall comply
with the following:
(a)
Building height. All principal residences shall be 1, 2 or 3
stories in height. Accessory buildings shall be no more than 20 feet
high unless an accessory apartment is provided; in such cases, an
accessory building can extend up to two stories.[1]
(b)
Building orientation and porches. All residential buildings'
main entrances shall face the lot's front yard. At least 50% of all
detached dwellings located along a public street within the same block
shall include porches within the front yard. When a dwelling with
a porch is located on a corner lot, the porch shall extend parallel
along both front lot lines.
(c)
Residential building width. No residential building shall be
greater than 80 feet wide as measured parallel or approximately parallel
with any street line.
(d)
Architectural considerations. All proposals must incorporate
architectural treatments and styles that complement the Borough's
historic resources. All applications shall include the preparation
of textual and (typical) graphic descriptions by a commonwealth-registered
architect of proposed architectural features and styles. Such descriptions
shall be analyzed with the following criteria:
[1]
Proportion of building's front facades. The relationship between
the width of the front of the building and the height of the front
of the building.
[2]
Proportion of openings within the building. The relationship
of width to height of windows and doors.
[3]
Rhythms of solids to voids in the front facade. Since rhythm
is a repeated and recurrent alteration of strong and weak architectural
elements, a rhythm of masses to openings in a building should be maintained.
[4]
Rhythm of spacing of buildings on streets. In moving past a
series of buildings, a rhythm of recurrent or repeated building masses
to spaces between them should be experienced.
[5]
Rhythm of entrance and/or porch projections. Moving past a series
of structures, one experiences a rhythm of entrances or projections
at an intimate scale.
[6]
Relationship of materials. Within an area, the predominant materials
may be brick, stone, stucco, wood siding or other material.
[7]
Relationship of textures. The predominant textures of an area
may be smooth, such as stucco, or rough, as brick with tooled joints,
or horizontal wood siding, or other textures.
[8]
Walls of continuity. Physical ingredients, such as brick walls,
wrought iron fences, evergreen landscape masses, building facades
or combinations of these, form continuous, cohesive walls of enclosures
along the street.
[9]
Relationship of landscaping. There may be a predominance of
a quality and quantity of landscaping, although emphasis herein shall
be with the amounts and continuity of landscaping.
[10]
Paving materials. There may be a predominance
in the use of brick pavers, cobblestones, granite blocks or others.
[11]
Directional expression of front elevation. Structural
shape, planning of openings and architectural detail may provide a
predominantly vertical, horizontal or nondirectional character to
the building's facade.
[12]
Scale. Scale is created by the size of units of
construction and architectural detail that relate to the size of man.
It can also be determined by building mass and how it relates to open
space. The major elements of scale may be brick or stone units, window
or door openings, porches and balconies, etc.
[13]
Relationship of color. Insofar as the mass and
detail, such as trim, are concerned, a predominant color that may
be of a natural material or a patina colored by time. Blending colors
of trim is also a factor.
[14]
Relationship of architectural details. Architectural
details and their relationship to the structure in question and adjacent
ones, including, but not limited to, cornices, lintels, arches, quoins,
balustrades and ironwork, chimneys, etc.
[15]
Relationship of roof shapes. Buildings should
have compatible roof shapes, such as gable, mansard, hip, flat, gambrel
and/or other kinds of roof shapes.
[16]
A description of any nonstructural site improvements
(buffering, landscaping and screening) that will be used to protect
the integrity of the historic resources.
(3)
Vehicular access and parking requirements for residences.
(a)
All driveways and off-street parking shall be provided within
the rear yard. However, one joint-use driveway shall be permitted
to extend into the front yard to connect with the public street along
a common lot line serving at least three adjoining residences. Driveway
widths shall range between 10 feet and 12 feet. In no case shall any
joint-use driveway serve more than four dwelling units.
(b)
For purposes of this zone, § 220-31 of this chapter is partially waived to allow the creation of dwelling lots that do not have public street frontage; however, such lots must front along a commonly held pedestrian path and have direct access to a public alley or a joint-use driveway. In such cases, the lot's front yard shall be that which is along the common pedestrian path. Furthermore, the lot's front build-to line shall be measured from the edge of the common pedestrian path.
(4)
All mail and newspaper boxes shall be attached to the building's
front facade.
(5)
No residential swimming pools, except portable kiddie pools, shall
be permitted.
J.
Open space design requirements. As specified in § 220-80G, no less than 30% of the total development site's net acreage shall be devoted to public, civic and open space uses. The following standards shall also be applied to these areas:
(1)
Of the total 30% required, no less than 2/3 shall be used for commonly
held public open spaces. The remaining 1/3 shall be reserved for developed
public and civic uses, such as playgrounds, picnic pavilions, neighborhood
parks, public schools, churches, meeting halls, swimming pools, libraries,
museums and other similar uses.
(2)
The location and design of required public open spaces shall be largely
determined by a proper site planning process. As part of this process,
applicants shall be required to prepare a natural and cultural features
inventory of the site.
(a)
Qualified experts must identify and plot each of the following
found on the proposed site:
[1]
One-hundred-year floodplains.
[2]
Steep slopes (greater than 15%).
[3]
Wetlands, streams, ponds or other water bodies.
[4]
Sinkholes, caves, vistas or other significant geologic features.
[5]
Threatened or endangered species habitats.
[6]
Archaeologic resources.
[7]
Historic resources.
[8]
Significant stands of mature trees.
(b)
From this inventory and plot, it shall be incumbent upon the
applicant to demonstrate that the proposed schematic design of the
village cluster development minimizes disturbance of but integrates
these features to provide a safe and attractive network of common
pedestrian paths that link areas within the proposed development and
connect with nearby uses of the Borough. All common pedestrian paths
shall consist of an all-weather durable surface that is at least six
feet wide.
(3)
For applications involving 30 or more acres, community-oriented recreation
facilities shall be required. Such community recreation facilities
shall include uses that serve the entire Borough, rather than just
the residents of the proposed development. Examples of such uses could
include, but not be limited to, multiple athletic fields, band shells,
community centers, skating rinks, community gardens, swimming pools,
etc.
(4)
An essential element of the village cluster development application
is a written description and plan for the disposition of ownership
of common open space land designating those areas to be offered for
dedication or to be owned by the specific form of organization proposed.
The common open space shall be owned and maintained in a manner to
ensure its preservation. This shall be accomplished through one of
the following:
(a)
An offer of dedication to the Borough. The Borough shall not
be obligated to accept dedication of the common open space.
(b)
With permission of the Borough, and with appropriate deed restrictions
in favor of the Borough in language acceptable to the Borough Solicitor,
the developer may transfer ownership of the common open space or a
portion thereof to a private, nonprofit organization among whose purposes
is the preservation of open space land and/or natural resources. The
organization shall be a bona fide conservation organization with a
perpetual existence; the conveyance must contain appropriate provisions
for reverter or retransfer if the organization is unable to maintain
the land, and the organization must enter into a maintenance agreement
with the Borough.
(c)
The developer shall provide for and establish an organization
for the ownership and maintenance of the common open space which shall
be generally consistent with the requirements for unit owners' associations
found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101
et seq. If such an organization is created, the agreements of sale
and deeds for all lots shall contain the following requirements in
language acceptable to the Borough Solicitor:
[1]
Such organization shall not dispose of the common open space
by sale or otherwise except to the Borough, unless the Borough has
given prior written approval. Such transfer shall be made only to
another organization which shall maintain the common open space in
accordance with this chapter.
[2]
The organization and all lot owners shall enter into a maintenance agreement with the Borough and shall agree to be bound by the provisions of Article VII of the Pennsylvania Municipalities Planning Code relating to the maintenance of deteriorating common open space by municipalities.
[3]
The Borough may require the establishment of a reserve fund
to provide for maintenance of, or capital improvements to, the common
open space.
K.
Streets, sidewalks and alleys. Within the village cluster development,
the following design standards shall be applied to streets, sidewalks
and alleys:
(1)
The following table lists required street, sidewalk, and alley widths:
|
Number of Travel Lanes
|
Number of Parallel Parking Lanes
|
Required Cartway Width
(feet)
|
Required Sidewalk Width1
(feet)
|
Required Right-of-Way Width
(feet)
|
|---|---|---|---|---|
|
2
|
2
|
28
|
20
|
48
|
|
2
|
1
|
22
|
20
|
42
|
|
1
|
2
|
26
|
20
|
46
|
|
1
|
1
|
18
|
20
|
38
|
|
2-way alleys
|
02
|
14
|
0
|
14
|
|
1-way alleys
|
02
|
11
|
0
|
11
|
|
NOTES:
| |
|---|---|
|
1
|
Sidewalks shall be provided along both sides of any public street.
Such sidewalks shall be five feet wide and separated from the edge
of the cartways by vertical curbs. [See 220-80K(4).]
|
|
2
|
No parking shall be permitted within alleys.
|
(2)
Where practicable, the design of streets, alleys and sidewalks should
provide for through traffic and pedestrian movements and should interconnect
with existing nearby streets, alleys and sidewalks. The use of cul-de-sac
streets and alleys is forbidden, unless accompanied by plans of future
adjacent street connections.
(3)
All public streets that connect with existing arterial or collector roads (as listed in § 220-37 of this chapter) and/or act as collector roads within the proposed development shall be designed with a minimum center-line turning radius of 150 feet. All other roads shall be designed with a minimum center-line turning radius of 80 feet.
(4)
Both sides of all public streets shall be lined with five-foot-wide
sidewalks, and five-foot-wide sidewalk planting strips. Sidewalks
and sidewalk planting strips should weave beside, and in and out of,
one another. At driveway, access drive, and street intersections,
all sidewalks shall include aprons for access by handicapped persons
according to standards contained within the latest version of the
Pennsylvania Universal Accessibility Standards. Sidewalk planting
strips shall stop no less than 20 feet from the curbline of an intersecting
street; in these areas ten-foot-wide sidewalks shall be provided.
In addition, sidewalk planting strips can be replaced with ten-foot-wide
sidewalks at locations of passive pedestrian nodes (e.g., benches,
fountains, public transit stops, and access points of public uses
and parks). One shade tree shall be provided every 50 feet or fraction
thereof of linear sidewalk planting strip.
L.
Public utility and service requirements. All proposals must comply
with the following:
(1)
Both public sewer and public water shall be used throughout the development.
(2)
Where practicable, the retention and regenerative percolation of
stormwater runoff shall be located within common passive open spaces.
(3)
All utility lines shall be located underground and within public
streets, alleys or other public rights-of-way. Any required utility
structures, buildings, pump stations, transformers or other similar
devices shall be screened from adjoining properties and roads.
(4)
All public streets shall be provided on one, or both, side(s) with
streetlights. Such streetlights shall be placed every 100 lineal feet
and shall be of such design and light intensity to complement the
Borough's historic character.
(5)
Bus stops shall be placed at appropriate location(s) along major
roads serving the proposed development. Their distribution shall be
such that no residence within the development shall be situated more
than 1,000 feet from its bus stop. Furthermore, the selection of bus
stops shall be logically connected with any existing bus routes. Bus
stops shall consist of a minimum pedestrian node consisting of one
ten-foot-by-twenty-foot sidewalk section, one permanently anchored
park bench and a shade tree. Such bus stops shall be provided even
if existing bus routes do not currently serve the area.
(6)
Applicants must develop and map a plan for the removal of snow from
public streets, sidewalks, common pedestrian paths and courtyards
and alleys. Such plan must identify snowplow drop locations and where
vehicles will be stored during snow emergency periods.
(7)
Applicants are required to obtain a letter from the Fire Chief of
the company that would provide first-call service to the proposed
development. Such letter should describe any foreseeable problems
regarding fire protection for the proposed development. Particular
attention should focus upon the location of fire hydrants and street
turning radii.
M.
Subsequent revisions within the village cluster development.
(1)
Except as provided in Subsection M(2) and (3), any change proposed within a previously approved village cluster development will require the obtainment of a conditional use according to the procedures and standards listed in § 220-122 of this chapter. The evaluation of such conditional use will be based upon its compliance with the specific requirements of this § 220-80 and other applicable provisions of this chapter, as well as any conditions of approval attached to the original approval.
(2)
Minor revisions of existing uses which were previously approved as
part of a village cluster development are permitted by right, if they:
(a)
Do not violate any design standards specifically imposed upon
the proposed use and its site.
(b)
Do not change any principal use.
(c)
Do not violate any of the standards imposed upon the entire
development.
(d)
Do not violate any conditions attached to the original approval
of the village cluster development.
Within the I Zone, warehousing and wholesale trade establishments
are permitted by conditional use, subject to the following criteria.
The applicant shall provide a detailed description of the proposed
use in each of the following topics:
A.
The nature of the on-site activities and operations, the types of
materials stored, the frequency of distribution and restocking, the
duration period of storage of materials and the methods for disposal
of any surplus or damaged materials. In addition, the applicant shall
furnish evidence that the disposal of materials will be accomplished
in a manner that complies with state and federal regulations.
B.
The general scale of the operation in terms of its market area, specific
floor space requirements for each activity, the total number of employees
on each shift and an overall needed site size.
C.
Any environmental impacts that are likely to be generated (e.g.,
odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, stormwater, solid waste, etc.) and specific measures employed
to mitigate or eliminate any negative impacts. The applicant shall
further furnish evidence that the impacts generated by the proposed
use fall within acceptable levels as regulated by applicable laws
and ordinances.
[Added 1-30-1996 by Ord. No. 540]
Within the R-1, R-2, R-3 and COA Zones the establishment of
transitional cottages, as accessory uses to either an existing church
or public use, shall be permitted through the conditional use process,
subject to the following criteria:
A.
The transitional cottage shall be sponsored, monitored and under
the direct supervision of a recognized nonprofit housing organization
such as church, community or public housing group.
B.
The applicants shall provide credible evidence that the cottage(s)
will be targeted to benefit residents of the Borough and the immediate
adjacent area.
C.
The applicants shall provide a written operational plan which shall
provide credible evidence as to the intended occupancy, services and
benefits which the cottage(s) will provide to the individuals/families
being assisted.
D.
The applicants shall provide a copy of the qualifications and restrictions
which may apply to those individuals which may become occupants of
the transitional cottage.
E.
The design standards (minimum setbacks, maximum lot coverage criteria,
etc.) of the base zoning district shall be strictly adhered to.
F.
The dwelling unit shall be constructed and placed in conformity with
all currently applicable residential construction/building codes,
or it shall be designed, constructed and certified under the National
Manufactured Housing Construction and Safety Standards Act of 1974
or other currently applicable manufactured housing code.
G.
The transitional cottage shall be placed on a properly designed foundation,
to be certified by an engineer registered in the Commonwealth of Pennsylvania.
H.
The applicants shall provide credible evidence that the transitional
cottage will be properly connected to all public utilities (i.e.,
water, sewer, electric, etc.), on-lot wells and septic systems wells
and septic systems will not be permitted.
I.
The maximum area of lot coverage, base on the footprint of the building,
shall not exceed 500 square feet per cottage.
J.
The maximum height of the dwelling shall not exceed 20 feet, including
any sleeping/storage loft and elevated foundation area.
K.
The improvements associated with the transitional cottage(s) shall
provide a minimum clear yard area of 20 feet between the sides of
adjacent cottages. However, the rear walls of cottages may be placed
directly adjacent to each other as long as each wall, roof and floor
assembly has been constructed of materials which would provide a minimum
one-hour fire-resistive rating.
L.
The plans shall show adequate off-street parking and driveway access
for no less than two vehicles per cottage, in addition to the requirements
for the principal use.
M.
The applicants, due to the size of the cottages, shall make adequate
provisions for the exterior storage and ultimate disposal of trash
and rubbish in covered leakproof containers.
N.
The applicants shall provide credible evidence in reference to the
maintenance of the cottages and shall further provide an operating
plan to reference the replacement, renovation or removal of deteriorated
or vacant cottage(s).
O.
The Borough Council shall have the right to place conditions upon
the applicants as are deemed necessary, such as, but not limited to,
landscaping and/or screening.
[Added 3-28-2000 by Ord. No. 567; as amended 8-29-2000 by Ord. No.
569]
The purpose of these regulations is to balance the rights of
wireless communications providers to locate reasonable and safe facilities
in the Borough for the purpose of providing a secondary level of convenience
to their customers while respecting the Borough's duty to protect
the general health, safety and welfare.
A.
Within the Residential (R-1), Industrial (I) and Planned Industrial/Corporate
Center (PC-1) Zones, wireless and cellular communications antennas
and antenna support structures/towers and cellular sites shall be
permitted as conditional uses, subject to the following criteria:
(1)
The applicant shall be required to demonstrate, using technological
evidence, that the location of the antenna will adequately satisfy
its function within the applicant's design grid system.
(2)
The applicant must demonstrate that the proposed height of the antenna
support structure and antenna are set at the minimum height required
to provide a satisfactory level of service.
(3)
The height of the antenna support structure and/or the wireless or
cellular communications antenna, whichever is highest, shall be equal
to or less than the horizontal distance between the structures and
any adjacent property line which either serves as the limit of a public
right-of-way (i.e., street, alley, railroad, etc.) or which provides
a common line between the subject property and an adjoining residentially
zoned property.
(4)
If the applicant proposes to build an antenna support structure (as
opposed to mounting the antenna on an existing structure) as part
of the development of a wireless or cellular communications antenna
and cellular site, it shall demonstrate the lack of availability of
any existing structures which would be able to handle the load-bearing
requirements necessary to support the proposed telecommunications
equipment within its target circle or within a one-fourth-mile radius
of the proposed site (which are properly zoned) on which the wireless
or cellular communications antenna could be located.
(5)
The applicant shall provide evidence that any and all required guy
wire anchors will be no less than 40 feet from any property line associated
with any proposed antenna support structure.
(6)
Any proposed antenna support structure shall be required to accommodate
a minim of two and a maximum of three other users, including, but
not limited to, other wireless and cellular communications companies,
local police, fire, ambulance or other emergency service providers.
For that purpose, the antenna support structure will be permitted
to exceed the minimum design height justified by the applicant by
a distance of 10 feet, and the applicant will be permitted to occupy
the highest probable elevation. (Applicants for occupancy of the reserved
space shall submit documentation to the Codes Compliance Officer showing
that their wireless or cellular communications antennas and associated
equipment comply with the provisions of this section. The Codes Compliance
Officer may grant approval as a permitted use review for the additional
service provider(s) on applications involving the antenna support
structures which were approved via the conditional use process if
the application shows compliance with provisions of this article and
conditions included in the formal zoning decision. The Codes Compliance
Officer shall also have the right to require that these supplemental
applications are reviewed under the conditional use procedures should
he/she determine that the application and supplemental information
does not clearly meet the provisions of the ordinance or the conditions
contained in the formal conditional use decision.)
(7)
The applicant shall demonstrate that the proposed antenna support
structure is safe and that the surrounding area will not be negatively
impacted by structural failure of either the support structure or
the brackets by which equipment is mounted to the support structure.
To this end, the setback distance shall be proven to be large enough
to accommodate such failure(s) on the applicant's property. Credible
testimony shall be provided in the form of an analysis submitted by
the applicant's engineer. Consideration shall also be given in the
analysis to other potential hazards, such as ice falling from the
structure, and the effects local wind design factors may have on falling
objects.
(8)
The applicant shall show credible evidence that the wireless or cellular
communications company involved in the proposal is licensed by all
federal and commonwealth agencies having jurisdiction, including,
but not limited to, the Federal Communications Commission and its
successors.
(9)
No antenna support structure may be artificially lighted, except
as may be required by the Federal Aviation Administration, and then
only in accordance with plans submitted, reviewed and acted upon by
the Manheim Borough Planning Commission, the Manheim Borough Historic
Commission and the Manheim Borough Council.
(10)
All accessory or associated equipment related to the wireless
or cellular communications antenna and towers and cellular site shall
be contained in a completely enclosed building and/or otherwise shall
be adequately screened (by use of vegetative screenings or solid fencing)
from all adjoining residentially zoned properties or any property
that supports Class I or Class II historic resources, in which case
the applicant shall show that his enclosure/screening proposal has
been reviewed and acted upon by the Manheim Historic Commission.
(11)
No equipment shall be permitted to generate noise, vibration,
smoke, odor or hazardous emissions or effects which may be detected
at any perimeter property line or public right-of-way.
(12)
Accessory uses associated with the cellular site, such as business
office, parking areas, driveways, etc., shall be established in compliance
with the general provisions of the zoning district in which the use
is proposed to be located and shall be shown on the site plan at the
time of the conditional use review.
(13)
The antenna support structure shall be required to include anti-climbing
devices approved by the manufacturer and acceptable to the Borough.
(14)
A fence shall be established around the perimeter of any cellular
site which contains an antenna support structure. The fence shall
be constructed of acceptable materials and to a height which is in
compliance with the general provisions of this chapter.
(15)
The applicant shall agree to file an annual status report with
the Codes Compliance Officer to advise the Borough of the current
status of the wireless or cellular communications antenna, its support
structure and all related equipment. The report shall include a listing
of any equipment updates and/or facility modifications which occurred
since the previous report period and projections for continued use
of the facilities. This annual report shall include all pertinent
information such as the name, address and emergency telephone number
for the operator, owner and other associated party(s), as well as
a certificate of insurance evidencing 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 wireless and cellular communications antenna, the antenna support
structure/tower, the cellular equipment and the site.
(16)
The applicant shall provide a draft written agreement, which shall establish a clear line of responsibility for the erection and maintenance of the wireless or cellular antennas, support structures and all related equipment. The agreement shall acknowledge responsibility for removal of wireless or cellular communications antennas, antenna support structures and related accessory equipment which cease to be used for their intended purpose(s) for a period of 90 days. The agreement shall be signed by all appropriate parties and shall further acknowledge the Borough's right to pursue any necessary action to have such equipment and facilities removed in accordance with the provisions of Subsection C herein.
(17)
Within the R-1 Zone, only properties which are in public ownership
and currently support public uses, as defined herein, shall be permitted
to be further developed for support of wireless or cellular communications
antennas and towers and cellular sites, provided they are developed
in accordance with the previous criteria.
B.
Within the Highway Commercial (C-1) Zone, wireless and cellular communications
antennas and cellular sites shall be permitted as special exception
uses, subject to the following criteria:
(1)
A wireless cellular communications antenna shall be permitted to
be attached to an existing smokestack, church steeple, water tower,
farm silo or other similar structure which existed within the C-1
Zone on the date of the adoption of this section, provided that:
(2)
All accessory or associated equipment related to the cellular site
shall be contained in a completely enclosed building and/or shall
be adequately screened (by use of vegetative screening or solid fencing)
from all adjoining residentially zoned properties (for the purpose
of this criteria, established single-family dwellings on properties
zoned COA or CBD shall be deemed to be residentially zoned properties)
or any property that supports Class I or Class II historic resources,
in which case the applicant shall show that his enclosure/screening
proposal has been reviewed and acted upon by the Manheim Historic
Commission.
(3)
No equipment shall be permitted to generate noise, vibration, smoke,
odor or hazardous emissions or effects which may be detected at any
perimeter property line or public right-of-way.
(4)
Accessory uses associated with the cellular site, such as business
office, parking areas, driveways, etc., shall be established in compliance
with the general provisions of the zoning district in which the use
is proposed to be located and shall be shown on the site plan at the
time of the special exception review.
(5)
Any applicant proposing to attach a wireless or cellular antenna
to a Class I or Class II historic resource shall be required to show
that its proposal has been reviewed and acted upon by the Manheim
Borough Historic Commission.
(6)
The height of the structure and/or the height of the antenna, whichever
is higher, shall not be more than 25% greater than the maximum height
limitation of the underlying zoning district, unless the applicant
has satisfactorily provided proof of the following:
(a)
The applicant shall be required to demonstrate, using technological
evidence, that the height of the antenna is required in order to address
a function in the applicant's grid system which is directly related
to providing service to residents within the Borough or that the use
is one that will provide direct benefit for police, ambulance, fire
or other emergency personnel, which cannot otherwise be gained, thus
providing for the public health, safety and general welfare of a larger
group of citizens.
(b)
It shall be demonstrated that the antenna is located at the
minimum height required to function satisfactorily.
(c)
The structure to which the antenna is to be secured shall be
set back from the property line(s) a minimum distance demonstrated
to be sufficient to protect other property(s) (including, but not
limited to, public rights-of-way) from the potential impact related
to structural failure of either the support structure or the brackets
by which equipment is mounted to the support structure. This setback
distance shall be large enough to accommodate such failure(s) on the
applicant's property. The distance shall be determined by the Board's
acceptance of credible testimony, which shall be provided in the form
of an analysis submitted by the applicant's engineer. Consideration
shall also be given in the analysis to other potential hazards, such
as ice falling from the structure, and the effect local wind design
factors may have on falling objects.
(7)
The applicant shall show that the bracket system has been adequately
designed to withstand a constant wind factor of 90 miles per hour.
(8)
The applicant shall also show that attachment of the antenna and
bracket system will not adversely affect the structure to which it
is secured. Sealed engineering drawings and documentation shall be
required.
(9)
The antenna shall not be artificially illuminated. Lighting of the
antenna which occurs due to the manner that the support structure
(flagpole, steeple, etc.) has been illuminated will not be ruled to
violate this provision.
(10)
The applicant shall show credible evidence that the wireless
or cellular communications company involved in the proposal is licensed
by all federal and commonwealth agencies having jurisdiction, including,
but not limited to, the Federal Communications Commission and its
successors.
(11)
The applicant shall agree to file an annual status report with
the Codes Compliance Officer to advise the Borough of the current
status of the wireless or cellular communications antenna, brackets
and all related equipment. The report shall include a listing of any
equipment updates and/or facility modifications which occurred since
the previous report period and projections for continued use of the
facilities. This annual report shall include all pertinent information,
such as the name, address and emergency telephone number for the operator,
owner and other associated party(s), as well as a certificate of insurance
evidencing 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 wireless and cellular communications
antenna, the antenna support structure/tower, the cellular equipment
and the site.
(12)
The applicant shall provide a draft written agreement, which shall establish a clear line of responsibility for the erection and maintenance of the wireless or cellular antennas, brackets and all related equipment. The agreement shall acknowledge responsibility for the removal of wireless or cellular communications antennas, brackets and related accessory equipment which cease to be used for their intended purpose(s) for a period of 90 days. The agreement shall be signed by all appropriate parties and shall further acknowledge the Borough's right to pursue any necessary action to have equipment and facilities removed in accordance with the provisions of Subsection C herein.
(13)
Where appropriate or deemed necessary by the Board, the structure
shall be equipped with anti-climbing devices.
C.
Obsolete wireless or cellular antennas, support structures, brackets and related accessory equipment and/or facilities shall be removed in accordance with the provisions agreed upon during the special exception or conditional use hearing, as provided by Subsections A(16) and B(12), except that antenna support structures which are occupied by multiple users and shared equipment and/or accessory facilities shall be permitted to remain. If the responsible party fails to take action to remove the antenna(s), their support facilities, brackets, accessory equipment, etc., the Codes Compliance Officer shall provide written notification to the property owner or other responsible party that the antenna, support structures, brackets, related materials shall be removed within 30 days of receipt of the notice. If such person fails or refuses to remove such antenna, support structure, brackets or facilities, in accordance with the provisions of the notice, the Codes Compliance Officer may have the antenna, support structure, brackets and related facilities removed at the expense of the property owner and/or the person(s) responsible for the erection and/or maintenance of the antenna, support structure, brackets and related equipment and facilities, in accordance with the provisions of the original agreement, or if there is no agreement, to the extent that the Codes Compliance Officer must undertake any legal action to remove said wireless or cellular antenna, support structure, bracket, accessory equipment, facilities, etc.; the cost of such legal action, including, but not limited to, reasonable attorney's fees incurred by the Borough, shall be paid by the property owner and/or the party responsible for the erection and/or maintenance of the antenna, support structure, brackets and accessory equipment.
D.
Other regulations or provisions governing cellular antennas, support structures and cellular sites. In addition to the regulations within this section, applicants shall be required to show that its proposal is in compliance with all other Borough ordinances, regulations and codes, including, but not limited to, those found in § 220-22, Historic Preservation Overlay Zone, of this chapter and Ordinance No. 486, the Manheim Borough Floodplain Ordinance (Chapter 124).[1]
[1]
Editor's Note: Ord. No 486 was superseded 6-28-2005 by Ord.
No. 591.
[Added 8-29-2000 by Ord. No. 569]
Within the PC-1 Zone, the establishment of a catering operation
shall be permitted by special exception, within a structure which
existed at the time of the creation of the PC-1 Zone, subject to the
following criteria:
A.
The caterer or catering operation shall consist of the preparation
and delivery of prepared meals and/or food products from the site
of preparation to an off-premises client/consumer.
B.
The use shall not be one that shall have any on-site dining or banquet
facility for consumption of the food prepared.
C.
The catering operation shall be required to show that delivery, food
storage, refrigeration, preparation, cooking, packaging, waste handling,
recycling and delivery operations have been designed to meet all regulatory
requirements.
D.
The caterer or catering operation shall provide proof that all required
permits and licenses have been obtained and shall further be required
to display current licenses at all times.
E.
The applicant, building or property owner shall show credible evidence
that the catering operation will not be adversely impacted by development
of any residual building area that will not be occupied by the catering
use.
F.
The applicant shall show that all precautions have been taken to
floodproof or elevate the proposed use, based on floodplain criteria.
[Added 8-29-2000 by Ord. No. 569]
Within the PC-1 Zone, the establishment of a computer training
facility shall be permitted by special exception, within a structure
which existed at the time of the creation of the PC-1 Zone, subject
to the following criteria:
A.
Establishment of computer training facilities shall be permitted,
provided the applicant can show that there is adequate parking area
to support the anticipated class sizes at a rate of one space per
student.
B.
If the use involves classes back to back, then the parking requirements
shall be increased to 75% of the total attendance of the two largest
consecutive classes.
C.
The applicant, building or property owner shall show credible evidence
that the operation will not be adversely impacted by development of
any residual building area that will not be occupied by the use.
D.
The applicant shall show that all precautions have been taken to
floodproof the facility. Special attention shall be directed to electric
services.
[Added 8-29-2000 by Ord. No. 569]
Within the PC-1 Zone, the establishment of a health and fitness
club or karate studio shall be permitted by special exception, within
a structure which existed at the time of the creation of the PC-1
Zone, subject to the following criteria:
A.
Establishment of a health and fitness club or karate studio shall
be permitted, provided the applicant can show that adequate parking
is available to support one parking space for every 200 square feet
of gross floor area plus one space for each instructor and/or employee.
B.
Access between the parking area and facility shall also feature a
well-lit dropoff/pickup area which shall be on the same side of the
street or within the parking lot of the proposed use; provided, however,
that access to the dropoff/pickup area is properly designed to be
in the generally accepted traffic flow pattern. Crossover traffic
patterns shall be avoided.
C.
The facility shall be designed to incorporate a reasonable number
of restroom, shower and locker room facilities, based on the anticipated
number of male and female members.
D.
The applicant, building or property owner shall show credible evidence
that the operation will not be adversely impacted by development of
any residual building area that will not be occupied by the use.
E.
The applicant shall show that all precautions have been taken to
floodproof or elevate the proposed use, based on floodplain criteria.
[Added 8-29-2000 by Ord. No. 569]
Within the PC-1 Zone, the establishment of a medical or dental
clinic shall be permitted by special exception, within a structure
which existed at the time of the creation of the PC-1 Zone, subject
to the following criteria:
A.
The clinic shall provide office space for a minimum of three professionals
as well as appropriate support staff (i.e., nurses, clerks, receptionists,
etc.).
B.
Off-street parking shall be provided in accordance with the general provisions of § 220-33 of this chapter.
C.
The applicant, building or property owner shall show credible evidence
that the operation will not be adversely impacted by development of
any residual building area that will not be occupied by the use.
D.
The applicant shall show that all precautions have been taken to
floodproof or elevate the proposed use, based on floodplain criteria.
E.
The applicant shall provide credible evidence that all hazardous
materials related to the clinic are properly and safely stored and
handled.
[Added 8-29-2000 by Ord. No. 569]
Within the PC-1 Zone, the establishment of a microbrewery shall
be permitted by special exception, within a structure which existed
at the time of the creation of the PC-1 Zone, subject to the following
criteria:
A.
The applicant shall present a complete narrative describing the proposed
facility and all related ancillary uses, which it intends to establish
on site.
B.
The applicant's business plan shall address receiving and handling
of materials as well as pickup and distribution plans.
C.
The microbrewery shall be limited to an annual rate of output not
to exceed 4,000 barrels per year. (This limit shall include multiple
brews to the point where the total combined production does not exceed
4,000 barrels; for example, five different brews at an annual production
rate of 800 barrels equals 4,000 barrels.)
D.
The applicant shall provide credible evidence that the use will be
established in accordance with local, county, state and federal regulations
which govern microbreweries, including, but not limited to, the Pennsylvania
Liquor Control Board and Federal Bureau of Alcohol, Tobacco and Firearms.
E.
If the applicant's proposal includes historic preservation efforts
in relation to restoration of a complete structure that is or could
be registered as a Class I or Class II historic resource, additional
ancillary uses may be permitted, including the following: retail sales
of brewery products and supplies; sale of tourism-related items; and
sampling of products in accordance with local, county, state and federal
regulations.
F.
The applicant, building or property owner shall show credible evidence
that the operation will not be adversely impacted by development of
any residual building area that will not be occupied by the use.
G.
The applicant shall show that all precautions have been taken to
floodproof or elevate the proposed use, based on floodplain criteria.
H.
The application shall not include the creation of a tavern, restaurant,
nightclub or any similar use.
[Added 8-29-2000 by Ord. No. 569]
Within the PC-1 Zone, the establishment of a parking garage
shall be permitted by special exception, within a structure which
existed at the time of the creation of the PC-1 Zone, subject to the
following criteria:
A.
The intention of this provision is to permit the first floor or ground
level of existing structures to be converted into parking facilities
to support other permitted uses which may be developed on either portions
of the ground level or on higher floors. The goal is to design the
parking facility so that it would occupy areas which are flood-prone
while providing additional opportunity to reuse other portions of
the existing structure(s).
B.
The applicant shall show that the building in question is structurally
capable of supporting all anticipated design loads while at the same
time resisting currents associated with floodwaters, based on the
floodplain report and design criteria.
C.
The applicant shall provide credible evidence that the other uses
proposed to be supported by the parking garage are sufficiently protected
from hazards which may be related to the establishment of the parking
garage (i.e., carbon monoxide, etc.).
[Added 8-29-2000 by Ord. No. 569]
Within the PC-1 Zone, the establishment of schools as listed herein shall be permitted by special exception, within a structure which existed at the time of the creation of the PC-1 Zone. For the general guidelines, the criteria provided in § 220-76 of this article shall prevail. However, since it is the objective to provide for reuse of existing industrial structures, certain modifications to those provisions are necessary. It shall therefore be understood that where there is a difference or where the language of § 220-76 disagrees with the following, the following criteria shall prevail:
A.
The height, area, setback and coverage criteria referred to by § 220-76A shall only apply where feasible, since it is not the intent to force demolition and reconstruction of the existing structures. That being said, the applicant shall show that adequate open space area is either in existence on the premises or within 1,000 feet of the structure(s) to be used.
B.
The applicant shall be restricted in that elementary education shall
not be considered as a desired use. This is in part due to the existence
of the Chickies Creek, which lies in immediate proximity to the existing
structures.
C.
Section 220-76C requires the creation of a six-foot-high fence around outdoor play areas. It is the intent that open space associated with the PC-1 Zone shall be open space. Therefore, fencing shall be avoided except where it is necessary to provide for the public safety and welfare of those utilizing and accessing the premises.
D.
The applicant shall show credible evidence that the use is being
proposed in strict conformity with all local, county, state and federal
guidelines and that the structure to be occupied has been certified
as safe for the proposed type of occupancy.
E.
The applicant, building or property owner shall show credible evidence
that the operation will not be adversely impacted by development of
any residual building area that will not be occupied by the use.
F.
The applicant shall show that all precautions have been taken to
floodproof or elevate the proposed use, based on floodplain criteria.
[Added 8-29-2000 by Ord. No. 569]
Certain uses would be advantageous to the creation of a walking,
biking or ecology trail in the area adjacent to the existing vacant
industrial structures. A short list of these uses would include, but
not be limited to, bike rental or repair shop, bike lockers, public
restrooms and/or locker rooms, snack/ice cream shop, newsstand, etc.
Within the PC-1 Zone, the establishment of trail support facilities
shall be permitted by special exception, within a structure which
existed at the time of the creation of the PC-1 Zone, subject to the
following criteria:
A.
The facility shall be one that can show a direct relationship and
benefit to the community goal of establishing walking, biking and/or
ecology/environmental trails along the Chickies Creek watershed.
B.
The applicant shall present a complete narrative describing the proposed
facility and all related ancillary uses which it intends to establish
on site or within a particular structure.
C.
The narrative/business plan shall indicate intended hours of operation,
which should coincide with the hours during which a trail would logically
be used. For that purpose, weekend hours will be desired in addition
to weekday.
D.
The applicant, building or property owner shall show credible evidence
that the operation will not be adversely impacted by development of
any residual building area that will not be occupied by the use.
E.
The applicant shall show that all precautions have been taken to
floodproof or elevate the proposed use, based on floodplain criteria.
[Added 8-29-2000 by Ord. No. 569]
Within the PC-1 Zone, the establishment of a veterinary office
or animal hospital shall be permitted by special exception, within
a structure which existed at the time of the creation of the PC-1
Zone, subject to the following criteria:
A.
The veterinary office or animal hospital may provide office space
for one to five professionals as well as appropriate support staff
(i.e., trainers, aides, clerks, receptionists, etc.).
B.
The facility shall be permitted to treat the following on premises:
household pets, domestic animals, domestic fowl, small animals, wild
animal, wild fowl or game birds as defined by this chapter.
C.
The facility shall not be permitted to treat the following on premises:
farm animals or large animals, as defined, or any other animal, fowl
or exotic pet or zoo animal not specifically addressed by this chapter
under one of the previously noted definitions.
D.
The applicant shall submit a narrative/business plan that shall describe
the facility as well as the services which it intends to provide.
E.
The applicant's business plan shall address disposal of animal wastes
as well as a method for the disposal of all other waste materials.
F.
Off-street parking shall be provided in accordance with the general provisions of § 220-33 of this chapter.
G.
The applicant shall show credible evidence that the operation will
not create an adverse impact on other uses within the same building
or which will affect the use of other adjacent buildings (i.e., noise,
odor, etc.).
H.
The applicant, building or property owners shall show credible evidence
that the operation will not be adversely impacted by development of
any residential building area that will not be occupied by the use.
I.
The applicant shall show that all precautions have been taken to
floodproof or elevate the proposed use, based on floodplain criteria.
J.
The applicant shall provide credible evidence that all hazardous
materials related to the treatment of animals are properly and safely
stored and handled.
K.
Housing of animals being treated may be permitted, provided that
the accommodations are totally within the structure or within a walled
courtyard area. Such courtyard area shall be constructed so that animals
cannot be viewed from the outside.
L.
In addition to services generally associated with a veterinary's
office or animal hospital, the use may include educational programs
and classes related to animals (i.e., pet selection seminars, obedience
classes, pet fitness, grooming, etc.).
[Added 8-29-2000 by Ord. No. 569]
Within the PC-1 Zone, the establishment of a warehouse facility
shall be permitted by special exception, within a structure which
existed at the time of the creation of the PC-1 Zone, subject to the
following criteria:
A.
The applicant shall provide credible evidence, including a site plan and other exhibits and testimony, which shall show that loading/unloading standards provided within § 220-34 of this chapter have been met.
B.
The applicant shall provide a listing of materials that are intended
to be stored within the structure.
C.
The storage of hazardous materials shall only be approved in compliance with regulations promulgated by local, county, state and/or federal laws, including, but not limited to, BOCA Fire Prevention Code/1996 (see Chapter 100), Right-to-Know, OSHA, etc.
D.
The applicant, building or property owner shall show credible evidence
that the operation will not be adversely impacted by development of
any residual building area that will not be occupied by the use.
E.
The applicant shall show that all precautions have been taken to
floodproof or elevate the proposed use, based on floodplain criteria.
F.
The applicant shall show credible evidence that the operation will
not create an adverse impact on other uses within the same building
or which will affect the use of other adjacent buildings (i.e., noise,
odor, dust, smoke, fire, glare, etc.).
[Added 8-29-2000 by Ord. No. 569]
Certain agribusinesses may be appropriate within the PC-1 Zone,
provided the use is properly designed and established. In general,
the uses approved shall be those that would create a minimum disturbance
or effect on a residential community (i.e., uses which do not create
noise, odor, dust, smoke, fire, glare, etc.) and which would best
share infrastructure with tractor-trailers, cars, bicycles and pedestrians.
The following agribusinesses shall be permitted by conditional use,
subject to the following criteria:
A.
Facilities for the repair and servicing of agricultural equipment
and vehicles, including the direct sale of parts and supplies as an
ancillary use.
(1)
The applicant shall submit a narrative/business plan which shall
address all aspects of the proposed use, including, but not limited
to, business hours, services to be provided, type of equipment and
vehicles to be serviced and site design information which shall clearly
show off-street parking, driveways and locations of garage doors,
etc.
(2)
All repairs and service operations shall take place in a completely
enclosed building.
(3)
There shall be no prolonged exterior storage of any equipment and/or vehicles which are waiting for repairs or service. In addition, such storage shall only be permitted on a portion of the premises which has been screened in accordance with provisions of § 220-21L.
(4)
Off-street parking shall be provided in accordance with the general provisions of § 220-33 of this chapter.
(5)
The business plan shall address methods for disposal of all materials
and products which may be associated with the use (i.e., removed parts,
tires, used liquids, oils, transmission fluids, etc.).
(6)
The applicant shall show credible evidence that the use is being
proposed in strict conformity with all local, county, state and federal
guidelines.
B.
Facilities for the repair and servicing of carriages, buggies and
other horse-drawn rigs, including blacksmith, farrier and harness
shops.
(1)
The applicant shall submit a narrative/business plan which shall
address all aspects of the proposed use, including, but not limited
to, business hours, services to be provided, and site design information
which shall clearly show off-street parking, driveways and locations
of garage doors, etc.
(2)
All repairs and service operations shall take place in a completely
enclosed building.
(3)
There shall be no prolonged exterior storage of any carriages or buggies which are waiting for repairs or service. In addition, such storage shall only be permitted on a portion of the premises which has been screened in accordance with the provisions of § 220-21L.
(4)
Off-street parking shall be provided in accordance with the general provisions of § 220-33 of this chapter. In addition, the applicant's site plan shall provide a clear indication of areas which will be accessible for horses and horse-drawn carriages. Such facilities shall include hitching posts and other necessary facilities.
(5)
The business plan shall address methods for disposal of all materials
and products which may be associated with the use (i.e., removed parts,
tires, wheels, used fluids, manure, etc.).
(6)
The applicant shall show credible evidence that the use is being
proposed in strict conformity with all local, county, state and federal
guidelines.
C.
Processing and canning operations dealing with locally grown crops.
(1)
The applicant shall submit a narrative/business plan which shall
address all aspects of the proposed use, including, but not limited
to, business hours, type of products to be processed or canned, crops
associated with the processing or canning operation and truck receiving
and shipping/distribution trip counts.
(2)
The applicant's business plan shall be accompanied by a site plan
which shall clearly show off-street parking, driveways, loading/unloading
areas, waste and recycling facilities and all other improvements,
as well as all open space/landscape areas.
(3)
Off-street parking shall be provided in accordance with the general provisions of § 220-33 of this chapter.
(4)
The business plan shall address methods for disposal of all materials
and products which may be associated with the use.
(5)
The applicant shall show credible evidence that the use is being
proposed in strict conformity with all local, county, state and federal
guidelines.
D.
Grain mills dealing with processing of local crops for the manufacturing
of flour, feed and products.
(1)
The applicant shall submit a narrative/business plan which shall
address all aspects of the proposed use, including, but not limited
to, business hours, type of products to be manufactured, crops associated
with the processing or milling operation, and truck receiving and
shipping/distribution trip counts.
(2)
The applicant's business plan shall be accompanied by a site plan
which shall clearly show off-street parking, driveways, loading/unloading
areas, waste and recycling facilities and all other improvements as
well as all open space/landscape areas.
(3)
Off-street parking shall be provided in accordance with the general provisions of § 220-33 of this chapter.
(4)
The business plan shall address methods for disposal of all materials
and products which may be associated with the use.
(5)
The applicant shall show credible evidence that the use is being
proposed in strict conformity with all local, county, state and federal
guidelines.
(6)
The applicant shall submit detailed elevations showing the anticipated
height of any and all conveyance systems, chutes and catwalks. The
maximum height of these structures shall not be higher than 15 feet
above the structure(s) to which they are attached.
[Added 7-12-2011 by Ord. No. 622][1]
Within the Planned Industrial/Corporate Center (PC-1) Zone,
the establishment of a community rehabilitation facility or group
care and treatment center shall be permitted by conditional use, subject
to the following criteria:
A.
The maximum number of clients to be served at the facility shall
be 10.
B.
The applicant shall provide a detailed description of the proposed
use, including, but not limited to, number of clients to be served
at the facility, the nature of clients to be served, the type of treatment
and care to be provided, hours of operation, number of employees and
residents, licensing requirements, proposed plan of operation, security
measures and supervision for the safety of residents and the community.
C.
The applicant shall provide evidence that the facility is sponsored
and operated by an agency or entity that is licensed, registered or
certified by an applicable county, state or federal agency and that
the facility is licensed and/or approved by an applicable county,
state or federal agency and, if applicable, the agency or entity holds
a valid contract with such applicable county, state or federal agency.
D.
The facility shall have twenty-four-hour on-site supervision by professionals
trained to supervise the types of clients to be served by the facility.
E.
All structures shall be located at least 600 feet from the property
line of any property containing a residence, school, day-care facility,
camp, church, community center, playing fields, playground, library
or hospital or other community rehabilitation facility or group care
and treatment center, as applicable.
F.
The applicant shall show credible evidence that the use being proposed
is in strict conformity with all local, county, state and federal
guidelines and regulations.
[1]
Editor's Note: This ordinance also repealed original Section
451, Restaurants, added 8-29-2000 by Ord. No. 569.
[Added 7-12-2011 by Ord. No. 622]
Where the provisions of Subsections A through E below are different
from those stated in the applicable subdivision and land development
ordinance, these provisions shall be the minimum requirements for
the proposed use.
A.
Lot size must be greater than one acre.
B.
Rehabilitation of existing buildings to accommodate an excess of
2,000 square feet of retail shall provide the following streetscape
improvements and public amenities.
(1)
Street shade trees shall be planted at a maximum spacing of 40 feet
on center. Street shade trees may be planted in tree pits, a minimum
of four feet wide and six feet long, or, preferably, in a continuous
tree lawn, a minimum of three feet in width, located between the curb
and the sidewalk. If the frontage of the property is less than 40
feet, at least one street tree will be provided.
(2)
Pedestrian-oriented lighting at a maximum spacing of 50 feet or as
recommended by the manufacturer to achieve adequate levels of sidewalk
illumination. Lighting shall have cutoff features to limit glare and
unnecessary light pollution. If the frontage of the property is less
than 50 feet, and pedestrian lighting does not exist along the frontage,
one pedestrian light shall be provided.
D.
Buildings shall be constructed with at least two occupied stories
and shall have a maximum height of 45 feet.
E.
New development shall provide the following streetscape improvements
and public amenities:
(1)
Public sidewalks shall have a minimum unobstructed width of 10 feet.
(a)
The Borough Council may alter this, if necessary, if it is demonstrated
that existing topographic or other physical site conditions make this
standard not feasible. However, the unobstructed width of a sidewalk
shall not be less than five feet.
(2)
Street shade trees shall be planted at a maximum spacing of 40 feet
on center. Street shade trees may be planted in tree pits, a minimum
of four feet wide and six feet long, or, preferably, in a continuous
tree lawn, a minimum of three feet in width, located between the curb
and the sidewalk.
(3)
Pedestrian-oriented lighting at a maximum spacing of 50 feet or as
recommended by the manufacturer to achieve adequate levels of sidewalk
illumination. Lighting shall have cutoff features to limit glare and
unnecessary light pollution.
(4)
Benches and other street furniture at appropriate locations, subject
to the review and recommendation of the Planning Commission and approval
of Borough Council.
(5)
Sidewalk bulb-outs at corners or midblock, to enhance pedestrian
safety and/or provide permeable planting area, shall be provided where
possible. Bulb-outs shall have brick or comparable material along
borders or plantings to match adjacent sidewalks and properties.
(6)
New sidewalk and trail connections shall be made where trails and
other sidewalks connect with the property.
(7)
For developments larger than 10,000 square feet, there shall be a
public plaza that is accessible from the sidewalk and open to the
public. The plaza shall be a minimum of 400 square feet, and a minimum
of 20% of the plaza shall be planted.
(8)
The Borough Council shall consider acceptable substitutions to the
items above if site constraints or a comparable or improved alternative
is presented.
[Added 11-12-2019 by Ord.
No. 667]
A.
BEDROOM
DISRUPTIVE CONDUCT
DWELLING UNIT
GUEST
LIMITED LODGING DWELLING UNIT
LIMITED LODGING RENTAL OCCUPANCY PERMIT
LIMITED LODGING RENTAL UNIT
LIMITED LODGING ROOMING UNIT
LIMITED LODGING STAY
MANAGER
OCCUPANT
OWNER
PREMISES
RESIDENTIAL RENTAL UNIT
ROOMING UNIT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A private room or space designed to be used for sleeping
purposes with two means of egress, one of which must be a window meeting
the minimum standards for emergency egress per the current building
code. The room must include a closet. Space used for eating, cooking,
bathrooms, toilet rooms, closets, halls, storage or utility rooms
and similar uses are not considered bedrooms. Space used or intended
for general and informal use such as a living room, den, sitting room,
family room or similar is not to be considered a bedroom. No bedroom
shall contain appliances such a coffee maker, microwave, refrigerator,
hot plate or similar cooking aid.
As defined in Chapter 166, Rental Property, in the Manheim Borough Code of Ordinances.
As defined in Chapter 166, Rental Property, in the Manheim Borough Code of Ordinances.
A visitor to the limited lodging rental unit, but not constituting
an occupant.
A dwelling unit where the space is available for rent year-round,
and where the provision of lodging to any particular occupant is limited
to a stay of less than 15 consecutive days.
A document issued by the Code Official to the owner of a
limited lodging rental unit pursuant to this section.
A limited lodging dwelling unit or a limited lodging rooming
unit.
A rooming unit where the space is available for rent year-round,
and where the provision of lodging to any particular occupant is limited
to a stay of less than 15 consecutive days.
Less than 15 days of continued occupancy by occupants in
a limited lodging rental unit.
A person retained by an owner to be responsible for one or
more limited lodging rental units within the Borough.
As defined in Chapter 166, Rental Property, in the Manheim Borough Code of Ordinances.
As defined in Chapter 166, Rental Property, in the Manheim Borough Code of Ordinances.
As defined in Chapter 166, Rental Property, in the Manheim Borough Code of Ordinances.
As defined in Chapter 166, Rental Property, in the Manheim Borough Code of Ordinances.
As defined in Chapter 166, Rental Property, in the Manheim Borough Code of Ordinances.
B.
Permit required.
(1)
No owner of any property in Manheim Borough shall operate a
limited lodging rental unit in Manheim Borough without first obtaining
a limited lodging occupancy permit from the Borough. Operation of
any type of limited lodging rental unit without a permit is a violation
of this section. A cease and desist order will become effective immediately.
(2)
A limited lodging rental occupancy permit shall only be issued
to the owner of the limited lodging rental unit property. Occupants
of a residential rental unit are not permitted to sublet a rooming
unit or a dwelling unit as a limited lodging rental unit.
(3)
The current annual permit or a copy of the current permit shall
be posted on-site.
(4)
A separate limited lodging rental occupancy permit is required
for each dwelling unit and shall be renewed and issued annually on
a calendar year basis.
(5)
A limited lodging rental occupancy permit is effective for a
period of one annual term, or until any of the conditions of the limited
lodging rental unit which are governed by this chapter are changed,
whichever shall occur first.
(6)
Permits are not transferable. If ownership of the limited lodging
rental unit changes, the new owner(s) must complete a new permit application
form before renting out any part of the dwelling unit and have an
inspection conducted by the Codes Official. The fee, which shall be
established by Council by resolution from time to time, for permitting
and inspection shall be submitted with the application.
C.
Permit application requirements. Limited lodging rental unit applications
shall be provided by Manheim Borough. Applications shall contain all
of the following information. Failure to provide such information
shall be a violation of this section and a cease and desist order
will be issued and applications shall be returned until all required
information is provided.
(1)
The name, address, email and twenty-four-hour telephone number
of the property owner.
(2)
The name, address, email and twenty-four-hour telephone number
of the Manager if different from the owner. The Manager shall have
written authorization to accept service and a copy of that agreement
shall be provided with the application.
(3)
Written approval from the Manheim Area Water and Sewer Authority
that confirms notification and compliance with any related water and
sewer regulated requirements.
(4)
Attached copies of the Lancaster County hotel room excise tax
certificate and current PA sales and use tax permit.
(5)
Signatures of the owner and manager.
(6)
A trespass waiver signed by the owner allowing access to the
property for the enforcement officer for the purpose of inspection
to verify compliance with this chapter.
(7)
Copy of the current recorded deed for the property establishing
ownership.
(8)
Copy of property/liability insurance for the property in the
amount of $1,000,000.
D.
Standards and guidelines.
(1)
Limited lodging rental units shall be permitted in any single-family
attached or detached dwellings located in all zoning districts within
the Borough where residential uses are permitted.
(2)
Limited lodging rental units are not permitted in any accessory
structure or as part of a multifamily apartment building.
(3)
Limited lodging rental units shall be inspected annually and
shall include the entire property and Premises. Inspections will be
based on the International Property Maintenance Code, any related
state, federal or local codes and/or ordinances.
(4)
A manager must reside or have an office within 15 miles of the
property and be able to act as the legal agent for the owner. The
Borough must be notified in writing within 14 days if there is a change
in the identity of the manager.
(5)
The owner or manager shall respond to the Code Official, emergency
personnel, or Police communication within one hour after being notified
of the existence of a violation of this chapter, emergency or any
disturbance requiring immediate remedy or abatement. If the manager
is not the owner, they shall immediately advise the owner of any notification
of a violation and may be held liable for failure to do so in a timely
manner.
(6)
In limited lodging rooming units, the dwelling unit shall remain
as a household living unit with housekeeping facilities in common
but not to allow for occupancy by more than three persons (including
the owner and occupants) who are unrelated by blood, marriage, adoption,
or foster-child status.
(7)
No meals may be provided or served on-site by the owner to the
occupants as a service or included as part of the lodging agreement.
Occupants, depending upon their agreement, may have use of the kitchen
and appliances during their limited lodging stay.
(8)
Limited lodging rooming unit owners shall prove residency if
requested to do so by the Code Official. Failure to do so will result
in a revocation of the issued permit and all current and/or future
occupancy shall cease and desist.
(9)
Occupancy limitations shall be posted and is based on the size
of bedroom and living room size(s) per the International Property
Maintenance Code (IPMC) and determined by the Code Official at the
time of the initial inspection. An inspection of the entire property
shall be conducted prior to the issuance of the initial and annual
limited lodging rental occupancy permit. A bedroom shall contain a
minimum of 70 square feet of habitable floor area for one person;
for each additional person(s) permitted to stay in the room you add
an additional 50 square feet of habitable floor area. For example,
if the bedroom is 100 square feet; only one occupant is permitted.
A 160 square foot bedroom is limited to a two-person occupancy. Living
rooms must be a minimum of 120 square feet.
(10)
A limited lodging rooming unit must be accessory and secondary
to the use of a dwelling unit for residential household living purposes.
Adequate space based on the IPMC shall be available for both the occupants
and owner.
(11)
A limited lodging rooming unit shall not have any outside appearance
indicating a change of use from the surrounding residential uses;
no sign or private entrances shall be provided for the sole use of
the occupants.
(12)
No new additions or related area improvements shall be implemented
to any dwelling to accommodate an increased occupancy to an existing
limited lodging rooming unit property.
(13)
Overnight occupancy or hookup of recreational vehicles, campers,
trailers and tents placed on the premises or on public property where
a limited lodging rental unit is located is prohibited. Outdoor sleeping
of occupants or guests of the limited lodging rental unit is prohibited.
(14)
The limited lodging rental unit shall not adversely affect the
residential character of the neighborhood. Occupants may not generate
noise, vibration, glare, odors or other effects that unreasonably
interfere with any person's enjoyment of his or her residences. Occupants
may not engage in, nor tolerate, nor permit any other person, including
but not limited to each guest on the premises and within his or her
limited lodging rental unit with his or her consent, to cause damage
to the limited lodging rental unit or engage in disruptive conduct,
or other violation of this section, any code, any Borough ordinance,
or any applicable federal, state and local law or regulation. With
the issuance of three written police warnings and or reports within
a year, a cease and desist order will be issued by the Code Official
to the owner or manager of the limited lodging dwelling unit and the
limited lodging rental occupancy permit shall be revoked for 365 days
from the date of the last written police warning or report.
(15)
All owners shall be responsible for compliance with the requirements of Chapter 184, Solid Waste. of the Borough Code.
(16)
All occupants shall be responsible for compliance with the requirements of Chapter 145, Noise, of the Borough Code.
(17)
A list of legibly written house rules, relevant contact information,
including the property owner and/or manager and all local emergency
numbers shall be posted in all limited lodging rental units at a clearly
visible location.
(18)
Parking.
(a)
No parking of vehicles is permitted in any grass/lawn areas
by the owner, occupants or guests.
(b)
A maximum of one vehicle shall transport occupants to a limited
lodging rooming unit property. A minimum of one improved (macadam/paver/concrete)
off-street parking space must be provided in addition to the zoning
requirements of two off-street spaces per dwelling unit. All newly
created off-street space(s) shall meet current zoning regulations,
stormwater management provisions and lot coverage. Approval shall
be granted by the Zoning Officer through the zoning permit process
prior to implementing a limited lodging rental unit.
(c)
A maximum of two vehicles shall transport occupants to a limited
lodging dwelling unit property. A minimum of two improved (macadam/pavers/concrete)
off-street parking spaces must be provided for each limited lodging
dwelling unit. All newly created off-street spaces shall meet current
zoning regulations, stormwater management provisions and lot coverage.
Approval shall be granted by the Zoning Officer through the zoning
permit process prior to implementing a limited lodging rental unit.
(d)
Any limited lodging rental unit contract or advertisement must
specify that there is a motor vehicle limit of one for limited lodging
rooming units and two for limited lodging dwelling units, and a maximum
number of permitted occupants.
(19)
A limited lodging rental unit may only be rented to a person
at least 21 years of age.
(20)
Limited lodging rental unit owners shall keep a record of occupant
names, addresses, phone numbers and dates of occupancy on a monthly
basis. This information shall be made available upon request to the
Manheim Borough Codes Official or any police officer.
(21)
A limited lodging stay may be extended past 15 days at the discretion
of Borough staff.
[Added 9-27-2022 by Ord. No. 678]
Within the CBD Zone, the installation of a landscape feature
within the front yard shall be permitted by special exception, subject
to the following criteria:
A.
Any
promotional or business identification signage on the feature will
be included in the allowable sign size for the property.
B.
A zoning
permit application shall be submitted along with a sketch/plot plan
of the property, including dimensions of and the location of the feature
setback to property lines and right-of-way.
C.
No feature
shall block any sidewalk right-of-way and must allow for a thirty-six-inch
clear path of egress.
D.
No feature
shall block any entrance/exit to any building.
E.
A document
shall be provided by the property owner that releases the Borough
from any liability related to the proposed feature.
F.
No feature
shall exhibit material of a vulgar, pornographic or offensive nature,
or negatively impact the public health, safety and welfare.
