A.
The regulations for each district pertaining to minimum lot size, minimum lot width, maximum lot coverage and yard requirements are specified in Article IV. The purpose of this article is to supplement that article with additional requirements applicable to certain permitted uses. In cases where the provisions of this article are more restrictive than the general district regulations contained in Article IV, the provisions of this article take precedence.
A.
In MR and NC Districts, row dwellings shall be built to a density
of not more than 12.4 dwelling units per acre. This density rather
than the lot area shall be controlling.
B.
Additional requirements shall be as follows:
(1)
A minimum distance between townhouse structures shall be 25 feet
at any angle.
(2)
Variation of design.
(a)
An overall structure of attached dwelling units of more than
three units shall not be permitted with one common roofline nor with
equal front yard setbacks for all units. Similarly, the appearances
of the fronts of the buildings shall have a distinction between the
townhouse dwelling units, by varying width, different exterior materials
on the facade or changing rooflines.
(b)
Setbacks shall vary from one dwelling unit to the other or from
each pair of dwelling units, so that each is offset from the next
by design, so that roof elevations vary by no less than 13 inches
in height every two dwelling units. The front wall of each pair of
dwelling units shall be designed to provide a minimum two-foot offset
from each pair of adjacent dwelling unit front walls on either side.
A garage attached to and made an integral part of a dwelling unit
shall not be considered in the design of the minimum two-foot offset.
(c)
Townhouse structures containing three dwelling units may be
designed with the same setback and roofline.
(3)
No more than six townhouse dwelling units shall be attached.
A.
Building size. No multiple-family building shall have a single facade
which has a length to height ratio greater than five to one.
C.
Public utilities required. Each dwelling shall be provided with an
off-lot water supply and shall be connected to an off-lot sewage facility
at the time of development.
D.
Recreation space. At least 0.15 square feet of lot area per one square
foot of floor area shall be usable recreation space.
(1)
Definition. "Recreation space" is defined as the part or parts of
a lot designed and developed for use by the occupants of the lot for
recreation, gardens or any leisure activities.
(2)
Requirements. Such spaces shall be effectively separated from automobile
traffic and parking and readily accessible by all those for whom it
is required. At least 75% of the area shall have a grade of less than
8% and all recreation space counted in this computation shall be at
least 20 feet away from any residential wall containing a window.
Finally, each individual recreation space shall have a minimum dimension
of 100 feet unless the total recreation space is less than 10,000
square feet.
[Added 9-10-2018 by Ord.
No. 720]
A.
Definition. An "age restricted multiple dwelling" is a multiple dwelling
which is intended and operated for occupancy by persons 55 years of
age or older and at least 80% of the occupied units are occupied by
at least one person who is 55 years of age or older.
B.
Additional requirements shall be as follows:
(1)
The facade fronting any street shall:
(a)
Contain varying construction materials, which may include synthetic
building materials;
(b)
Shall not have a continuous frontage of more than 60 feet without
an architectural feature creating a variable dimensional appearance;
and
(c)
Include sloped roof rooflines with visible roof shingles and/or
turn gables.
(2)
Flat roofs shall not be permitted, other than as part of a mansard
roof or hip roof architectural construction feature.
(4)
Prior to the recording of the final plan, the applicant shall
provide the Borough Solicitor with a declaration, restrictive covenant,
deed restriction, or similar document, reasonably acceptable to the
Borough Solicitor, that restricts the property to the use permitted
by this section and is consistent with the definition of "housing
for older persons" under the Fair Housing Act[1] and the Housing for Older Persons Act of 1995, as amended.
Such document shall be recorded by the Borough with the Bucks County
Recorder of Deeds and shall run with the land. The applicant shall
be solely responsible for all recording costs incurred by the Borough.
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
A.
In the MR and NC Districts, such conversion shall be authorized only
for large buildings that have little economic usefulness as single-family
dwellings or other conforming uses (i.e., schools, industrial buildings,
barns) erected prior to the adoption of this chapter. In the Industrial
District, such conversion shall be permitted only in existing one-family,
twin and townhouse dwellings.
[Amended 7-12-2021 by Ord. No. 738]
B.
No structural alteration of the building exterior shall be made except
as may be necessary for purposes of safety.
C.
The dimensional, parking and other applicable requirements of this
chapter for the district in which such conversion is proposed shall
not be reduced, except that the minimum lot area requirements shall
be substituted by the following:
A.
Accommodations must be designed for more than three but not more
than 15 boarders and for periods of one week or more.
B.
Any approved structural alterations to an existing building proposed
in conjunction with the establishment or enlargement of any boardinghouse
shall be located on a side of the building not facing a public street.
C.
No facilities for cooking shall be provided in individual rooms or
suites.
D.
The dimensional, parking and other applicable requirements of this
chapter for the district in which such boardinghouse is located shall
not be reduced, and, further, the lot on which such boardinghouse
is located shall have a lot area, in addition to other lot area requirements
as may be required by this chapter, of not less than 500 square feet
for each boarder.
A.
The dimensional, parking and other applicable requirements of this
chapter for the district in which such dormitory is located shall
not be reduced, and, further:
(1)
Dormitories shall be accessory to and located on the same lot with
a parent religious, educational, charitable or philanthropic institution.
(2)
A lot area of not less than 1,000 square feet for each person for
whom accommodation is provided shall be assigned in the LR and MR
Districts.
[Amended 7-12-2021 by Ord. No. 738]
B.
Accommodations must be for three or more persons and for periods
of one month or more.
C.
No facilities for cooking shall be provided in individual rooms or
suites.
A.
DAY-CARE CENTER
FAMILY DAY-CARE HOME
GROUP DAY-CARE HOME
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A facility for profit or not for profit in which care is
provided for seven or more children or four or more disabled and/or
elderly persons at any one time, where the child- or adult-care areas
are not being used as a family residence. Operators must be licensed
by the Pennsylvania Department of Public Welfare (DPW) and/or the
Department of Aging.
Any premises, other than the care receiver's own home, operated
for profit or not for profit. Child or adult day-care is provided
at any one time for four to six children or four or more disabled
and/or elderly persons who are not relatives of the caregiver. The
child- or adult-care areas are being used as a family residence. Any
individual operating a family day-care home is required to have a
registration certificate issued by the Pennsylvania Department of
Public Welfare and/or the Department of Aging.
A facility in which care is provided for more than six but
less than 12 children or four or more disabled and/or elderly persons
who are not relatives, where the child- or adult-care areas are being
used as a family residence. The Department of Public Welfare mandates
that there are at least two caregivers in a group day-care home and
that they must be licensed by the Department of Public Welfare and/or
the Department of Aging.
B.
Exemptions. Babysitting operations and day center/nursery schools
in places of worship during religious services are exempted from the
chapter requirements.
C.
The above-defined day-care facilities must hold an approved Pennsylvania
Department of Public Welfare and/or Department of Aging registration
certificate or license, as appropriate, and meet all current DPW and
Department of Aging regulations, including these standards governing
adequate indoor space, accessible outdoor play space and any applicable
state or local building and firesafety codes.
E.
Family and group day-care homes shall be conducted in a building
designed for residential occupancy and be accessory to the residential
use. In dwelling types other than single-family residential, no more
than four children are permitted.
F.
They shall provide care for preschool, school-age children and disabled
or elderly adults.
G.
Additional safeguards for all family day-care homes and group day-care
homes are as follows:
(1)
Parking. In addition to the particular district's parking requirements,
there shall be one additional off-street parking space provided for
each nonresident employee and one safe passenger unloading space,
measuring at least 10 feet by 20 feet.
(2)
Outdoor play area. An area of 100 square feet per child, which is
not composed of impervious surfaces, shall be located only in the
rear and/or side yard of the property.
(3)
Fencing. The requisite outdoor play area shall be surrounded by a
safety fence a minimum of four feet in height.
(5)
Hours. Outside play shall be limited to the hours between 8:00 a.m.
and 7:00 p.m.
(7)
When day care is provided in a home, the amount of floor area devoted
to such purposes shall not exceed 30% of the total floor area of the
dwelling, and there shall be no change to the exterior of the building
for the purpose of accommodating the day-care use.
H.
Safeguards and requirements for day-care centers are as follows:
(1)
Off-premises play area. When an off-premises outdoor play area is
utilized, it must be located within 1,000 feet and safely accessible
without crossing at grade any arterial street or other hazardous area.
(2)
Outdoor play area. An area of 100 square feet per child, which is
not composed of impervious surfaces, shall be required.
(3)
Fence. The outdoor play area required by state licensing shall be
surrounded by a safety fence or natural barrier a minimum of four
feet in height.
(4)
Play area setback. No portion of the outside play area shall be less
than 50 feet from an existing occupied dwelling without the owner's
written consent.
(6)
Hours. Outside play shall be limited to the hours between 8:00 a.m.
and 7:00 p.m.
(7)
Signs. The area of one side of any sign shall not exceed 20 square
feet, and no more than one sign shall be placed on each street frontage.
(9)
Circulation. The loading and unloading of children shall not obstruct
the normal flow of traffic.
A.
Definition. A private nursery school or kindergarten exists when
five or more children from three through six years of age are gathered
regularly for the purpose of developing intellectual, emotional, physical
and social skills, and the operator possesses a valid license issued
by the Pennsylvania Department of Education's State Board of Private
Academic Schools.
B.
Other regulations. The private nursery or kindergarten must also
meet any applicable state and municipal building and firesafety codes.
C.
The private nursery school or kindergarten shall be permitted to locate by special exception and if it complies with all zoning regulations governing day-care centers (§ 160-34), with licensing by the Department of Public Welfare.
D.
Inspections. Municipal officials reserve the right to make periodic
inspections to ensure continued compliance with all state and municipal
requirements.
A.
Such homes shall be constructed and operated in accordance with all
applicable laws of the Commonwealth of Pennsylvania.
B.
In LR and MR Districts, nursing homes shall have frontage on and
direct access to an arterial or collector street.
C.
A minimum of 500 square feet per patient, but in no case less than
15,000 square feet total lot area.
A "personal care facility" is defined herein as a facility which
contains a separate room or group of rooms occupied by one or more
persons not the owner thereof, as a habitable unit for living and
sleeping, without a kitchen, and in connection with an aide who is
on call every hour of the day or night to assist the occupant.
A.
A building may be erected or used and a lot may be used or occupied
for any of the following purposes:
(1)
A room or group of rooms as a habitable unit for living, without
a kitchen.
(2)
Common facilities required to support the needs of the residents.
(a)
Dining facilities, including kitchens and accessory facilities
for residents and their guests.
(b)
Social rooms; meeting rooms.
(c)
Health care facilities, including clinic, rehabilitation services,
nursing care, convalescent care, intermediate care, extended care,
personal care, laboratory and other similar facilities.
(d)
Administrative office uses in the management of the facility.
(e)
Activity rooms, craft or hobby shop and similar-type uses.
B.
There shall be a minimum lot area of 500 square feet per patient,
but in no case less than 15,000 square feet total lot area.
D.
The facility shall have access to a public street.
F.
Each facility shall be a single legal entity and shall be retained
in single ownership.
In districts where police and fire stations are expressly permitted,
they shall have frontage on and access to an arterial or collector
street.
A.
As defined herein, offices shall be limited to the following:
(1)
Business office. An office which generally operates on a first-come,
first-served basis and which has relatively high pedestrian or vehicular
traffic, including advertising agencies, medical and dental clinics,
opticians' offices, personnel agencies, travel and ticket agencies
and mail order business offices.
(2)
Professional office. An office which generally operates on an appointment
basis and with relatively low pedestrian or vehicular traffic, including
offices of accountants, actuaries, architects, attorneys, clergy,
dentists, designers, engineers, insurance and bonding agents, manufacturing
representatives, physicians, realtors, teachers and miscellaneous
consulting services.
(3)
Public office. An office of a governmental agency, social service
organization, District Justice, notary, public or private utility
or political organization.
[Amended 7-7-1997 by Ord. No. 604]
(4)
Financial office. An office of a bank, savings-and-loan association,
credit and loan company, collection agency or stock and bond broker.
B.
The issuance of a zoning permit for any office use not listed herein
or not permitted in the zoning district in which application is made
is specifically prohibited without a zoning amendment.
C.
In the PR District, permitted offices shall be located with other
commercial uses as an integral part of a planned commercial center
using coordinated and joint access points.
D.
In MR Districts, permitted offices shall:
(1)
Be established wholly within existing principal buildings located
on a lot.
(2)
Not use show windows or any advertising display visible from outside any building other than signs permitted in residential districts and as contained in Article VIII.
(3)
Not provide drive-in facilities offering goods or services to customers
waiting in parked vehicles.
As defined herein, business service establishments shall be
limited to the service and repair of furniture, office equipment,
medical supplies and equipment and commercial appliances; the supply
and servicing of vending machines; frozen-food lockers; the painting,
repair and assembly of signs; printing, copy ad photostatting services;
arts, crafts, drafting and stationery supplies; food catering; interior
decorating; taxidermy; upholstering; laundry and dry-cleaning plants.
However, among the uses which shall not be interpreted to be business
service establishments are retail shops and stores, gasoline and motor
vehicle service stations, vehicular sales and rental, mortuaries,
warehousing and distribution facilities and contractors' offices.
The issuance of a zoning permit as a business service establishment
for any use not listed herein is specifically prohibited without a
zoning amendment.
A commercial recreation and entertainment facility is defined
herein as an activity operated as a gainful business, open to the
public, for the purpose of public entertainment or recreation, including
but not limited to bowling alleys, theaters, health clubs, miniature
golf courses, arenas, swimming pools and skating rinks, but not including
adult theater; such use shall be housed in a structure sufficiently
sound-insulated so as to protect the neighborhood from inappropriate
noise in any season.
A.
As defined herein, retail stores and businesses shall be limited
to shops and stores whose primary activities involve the sale or lease
of amusements and games, antiques, art, books, beverages, carpets
and rugs, glass, confections, drugs, dry goods, flowers, food, furniture,
gifts, garden supplies, hobbies, hardware, household appliances, household
pets and supplies, leather goods, musical supplies and equipment,
notions, paint, periodicals, photographs and photographic equipment,
radio/television and sound equipment, sporting and camping goods,
stationery, tobacco, toys and wearing apparel. The wholesale distribution
or manufacture of the foregoing products are not included herein,
but are permitted uses as provided in another section of this chapter.
B.
Among the uses not to be interpreted as retail stores or businesses
are uses specifically provided for elsewhere in this chapter, including
but not limited to gasoline and motor vehicle service stations, vehicular
sales and rental, department stores, restaurants, taverns, nightclubs,
hotels and motels, business services, mortuaries, contractors' offices,
mills and lumberyards. The issuance of a retail store or business
zoning permit for any use not listed herein is specifically prohibited
without a zoning amendment.
C.
Permitted retail stores and business shall:
A.
GASOLINE-DISPENSING FACILITY
GASOLINE-DISPENSING FACILITY WITH AN ACCESSORY CONVENIENCE STORE
MOTOR VEHICLE SERVICE STATION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A retail facility of any type for the dispensing of fuel
for motor vehicles, including but not limited to self-service gasoline
facilities (facilities which are designed, intended or do require,
permit or allow customers to dispense any type of fuel for motor vehicles
rather than having such fuel dispensed by employees or by the operator
of the facilities). Gasoline includes any type of fuel for motor vehicles.
A retail facility as defined above ("gasoline-dispensing
facility") with an associated accessory retail establishment offering
for sale prepackaged food products, nonalcoholic beverages, coffee
and other goods commonly associated with the same.
Any area of land, including structures thereon, or any building
or part thereof that is used for the sale of gasoline or other motor
vehicle fuel or accessories and which may or may not include facilities
for lubricating, washing, servicing (including major repairs), painting,
body and fender repairs, vehicular rentals and automatic car washes,
but not including vehicular sales.
B.
All gasoline-dispensing facilities or motor vehicle service stations
shall:
(1)
Not involve vehicular sales.
(2)
Not store or repair vehicles having three or more axles.
(3)
Be located and all servicing shall be conducted within the confines
of the lot.
(4)
Have fuel pumps located at least 20 feet from any street line or
highway right-of-way.
(5)
Store all automobile parts, dismantled vehicles and similar articles
within a building.
(6)
Not locate within 1,500 feet of another gasoline-dispensing facility
or motor vehicle service station.
C.
Gasoline-dispensing facilities shall:
D.
Gasoline-dispensing facilities with an accessory convenience store shall have the following requirements in addition to the requirements listed in Subsections B and C:
(1)
The maximum sales area of the convenience store shall be 500 square
feet.
(3)
None of the other uses allowed in the Borough Core or Neighborhood
Commercial Districts shall be allowed on any lot or parcel used for
a gasoline-dispensing facility with an accessory convenience store.
(4)
Roofs or canopies may be used for protection of the customers, lighting
and signage. Roofs and canopies shall be considered structures and
shall conform with all area and dimensional requirements of the district.
E.
Motor vehicle service stations shall have:
A "hotel" or "motel" is defined as a building other than a rooming
house, boardinghouse or dormitory arranged or used for sheltering,
sleeping or feeding, for compensation, of eight or more persons and
in which no provision is made for cooking in any individual room or
suite.
A "mortuary" is defined as a building or part thereof used for
human funeral services. Such building may contain space and facilities
for embalming and the performance of other services used in preparation
of the dead for burial; the storage of caskets, funeral urns and other
related funeral supplies; and the storage of funeral vehicles.
A.
No facilities for cremation shall be permitted within the Borough.
B.
In all districts, mortuaries shall have frontage on and access to
an arterial or collector street.
C.
In MR Districts, mortuaries shall be established only within existing
principal buildings, plus authorized extensions thereto.
A.
As defined herein, personal service establishments shall include
and be limited to barbershops, beauty parlors, self-service laundry
and dry-cleaning establishments, laundromats, radio and television
repair, repair shops for home appliances and tools, bicycles, guns,
locks, shoes and watches, tailor and dressmaking shops, travel and
ticket agencies and pet grooming with no overnight boarding.
B.
Permitted personal service establishments shall:
A.
QUICK-SERVICE RESTAURANT
SIT-DOWN RESTAURANT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A public eating place primarily offering a stand-up counter,
vending machine, window or in-car service and offering preprepared
or standardized food for either on- or off-premises consumption.
A public eating place primarily offering a sit-down counter
or table service and serving prepared foods for on-premises consumption.
B.
As described herein, a tavern is a sit-down restaurant offering alcoholic
beverages but not having live entertainment; a nightclub is a sit-down
restaurant offering alcoholic beverages and having live entertainment,
but not including adult theater.
C.
When permitted in a PR District, restaurants, taverns and nightclubs
shall be located with other commercial uses as an integral part of
a planned commercial center using coordinated design and joint access
points.
A.
A "veterinary office or hospital" is defined herein as a place where
household animals (dogs, cats, birds and the like) are given medical
or surgical treatment. Use as a kennel shall be prohibited except
for animals or pets undergoing medical or surgical treatment.
B.
Kennels shall be permitted by special exception in the MR and BC
Districts, provided that suitable measures are provided for the protection
of neighbors from noise disturbance, and suitable measures are provided
for the disposition of organic waste.
C.
Veterinary offices, hospitals and kennels shall be located in a detached
building with no other principal uses located therein.
[Amended 7-7-1997 by Ord.
No. 604; 4-9-2018 by Ord. No. 718]
A.
Tower-based wireless communications facilities. The following regulations
shall apply to all tower-based wireless communications facilities:
(1)
Standard of care. All tower-based WCFs shall be designed, constructed,
operated, maintained, repaired, modified, and removed in strict compliance
with all current applicable technical, safety, and safety-related
codes, including, but not limited to, the most recent editions of
the American National Standards Institute (ANSI) Code, National Electrical
Safety Code, National Electrical Code, as well as the accepted and
responsible workmanlike industry practices of the National Association
of Tower Erectors. Tower-based WCFs shall at all times be kept and
maintained in good condition, order and repair by qualified maintenance
and construction personnel, so as not to endanger the life of any
person or any property in the Borough.
(2)
Notice. Upon submission for a tower-based WCF and the scheduling
of a public hearing upon the application, the applicant shall mail
notice to the owners of all property located within 300 feet of the
proposed facility. The applicant shall provide proof of the notification
to the Borough.
(3)
Conditional use authorization required. Tower-based WCFs are permitted
in certain zoning districts by conditional use and at a minimum height
necessary to satisfy their function in the applicant's wireless communications
system. Applicants shall not have the right to erect a tower to the
maximum height specified in this section unless the necessity for
such height is proven. The applicant shall demonstrate that the antenna,
tower, or pole for the tower-based WCF is the minimum height necessary
for the service area.
(a)
Prior to Borough Council's approval of a conditional use authorizing
a tower-based WCF, the applicant shall prove to the reasonable satisfaction
of Borough Council that the applicant cannot adequately extend or
infill its communications system by the use of equipment such as redoes,
repeaters, antennas, and other similar equipment installed on existing
structures such as utility poles and other available tall structures.
The applicant shall also demonstrate that the proposed tower-based
WCF must be located where it is proposed in order to serve the applicant's
service area and that no other viable alternative location exists.
(b)
The conditional use application shall be accompanied by a propagation
study evidencing the need for the proposed tower or other communications
facilities and equipment, a description of the type and manufacturer
of the proposed transmission/radio equipment, the frequency range
(megahertz band) assigned to the applicant, the transmitting power
in watts, and any relevant related tests conducted by the applicant
in determining the need for the proposed site.
(c)
The conditional use application shall include documentation
demonstrating that the proposed tower-based WCF complies with all
state and federal laws and regulations concerning aviation safety.
(d)
If the proposed tower-based WCF is to be located on a property
with another principal use, the applicant shall present documentation
that the owner of the property has granted an easement for the proposed
tower-based WCF and that vehicular access will be provided to the
facility.
(e)
The conditional use application shall include documentation
demonstrating that the proposed tower-based WCF complies with all
applicable provisions of the Sellersville Borough Zoning Code.
(4)
Engineer inspection. Prior to the Borough's issuance of a permit
authorizing construction of a tower-based WCF, a structural engineer
registered in Pennsylvania shall issue the Borough a written certification
of the proposed WCF's ability to meet the structural standards offered
by either the Electronic Industries Association or the Telecommunications
Industry Association and certify the proper construction of the foundation
and the erection of the structure. The applicant shall provide this
certification during the conditional use hearings, or it shall be
made a condition to any approval given such that it is provided prior
to the issuance of any building permit.
(5)
Visual appearance and land use compatibility. Tower-based WCFs shall
employ the most current stealth technology available. All tower-based
WCFs and related equipment shall be aesthetically and architecturally
compatible with the surrounding environment and shall maximize the
use of a like facade to blend with the existing surroundings and neighboring
buildings to the greatest extent possible. Borough Council shall consider
whether its decision will promote the harmonious and orderly development
of the zoning district involved, encourage compatibility with the
character and type of development existing in the area, benefit neighboring
properties by preventing a negative impact on the aesthetic character
of the community, preserve woodlands and trees existing at the site
to the greatest possible extent, and encourage sound engineering and
land development design and construction principles, practices, and
techniques.
(6)
Co-locating and siting. The applicant shall demonstrate that the
proposed tower-based WCF cannot be accommodated on an existing or
approved structure or building, or sited on land owned by the Borough.
Borough Council may deny an application if the applicant has not made
a good faith effort to mount the antennas on an existing or approved
structure or building. The applicant shall demonstrate that it contacted
the owners of tall structures, buildings, and towers within a one-quarter-mile
radius of the proposed site, sought permission to install an antenna
on those structures, buildings, and towers, and was denied for one
or more of the following reasons:
(a)
The proposed antenna and related equipment would exceed the
structural capacity of the existing building, structure, or tower,
and its reinforcement cannot be accomplished at a reasonable cost;
(b)
The proposed antenna and related equipment would cause radio
frequency interference with existing equipment for that building,
structure, or tower, and the interference cannot be prevented at a
reasonable cost;
(c)
Such existing building, structure, or tower does not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function; and
(d)
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(7)
Permit required for modifications. To the extent permissible under
applicable state and federal law, an applicant proposing the modification
of an existing tower-based WCF which increases the overall height
of such WCF shall first obtain a building permit from the Borough.
To the extent permissible under applicable state and federal law,
nonroutine modifications shall be prohibited without a building permit.
(8)
Gap in coverage or capacity. An applicant shall demonstrate that
a significant gap in wireless coverage or capacity exists in the applicable
area and that the proposed WCF is the least intrusive means by which
to fill that gap in coverage or capacity. The existence or nonexistence
of a gap in wireless coverage or capacity shall be a factor in the
Borough's decision.
(9)
Additional antennas. As a condition of approval, the applicant shall
provide the Borough with a written commitment that it will allow other
service providers to co-locate antennas on the tower-based WCF where
technically and economically feasible. To the extent permissible under
applicable state and federal law, additional antennas shall not be
installed on a tower-based WCF without obtaining the prior written
approval of the Borough.
(10)
Wind and ice. Tower-based WCFs shall be designed to withstand
the effects of wind gusts and ice to the standard designed by the
American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/EIA/TIA-222), as amended.
(11)
Related equipment. Either one single-story wireless communications
equipment building not exceeding 500 square feet, or up to five metal
boxes placed on a concrete pad not exceeding 10 feet by 20 feet, housing
the receiving and transmitting equipment may be located on the site
for each unrelated company sharing antenna space on the tower-based
WCF.
(12)
Public safety communications. Tower-based WCFs shall not interfere
with public safety communications or the reception of broadband, television,
radio, or other communication services enjoyed by occupants of nearby
properties.
(13)
Maintenance. Tower-based WCFs shall be fully automated and unattended
on a daily basis. Maintenance shall be performed to ensure the upkeep
of the WCF in order to promote the safety and security of the Borough's
residents and utilize the best available technology for preventing
failures and accidents.
(14)
Radio frequency emissions. Tower-based WCFs shall not generate
radio frequency emissions in excess of the standards and regulations
established by the Federal Communications Commission, including, but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(15)
Historic buildings or districts. Tower-based WCFs shall not
be located on a property, building, or structure that is listed or
eligible to be listed on either the National or Pennsylvania Registers
of Historic Places or is included in the official historic structures
or historic districts list maintained by the Borough.
(16)
Signs. A tower-based WCF shall include a nonilluminated sign
no larger than five square feet identifying the name and phone number
of a party to contact in the event of an emergency. No other signs
are permitted on a tower-based WCF unless mandated by state or federal
law.
(17)
Lighting. A tower-based WCF shall not be artificially lighted
unless mandated by state or federal law. If state or federal law mandates
lighting, the applicant shall provide a detailed plan for sufficient
lighting, demonstrating as unobtrusive and inoffensive an effect as
is permissible under law.
(18)
Anti-climbing device. Any tower-based WCF over 35 feet in height
shall be equipped with an anti-climbing device approved by the manufacturer.
(19)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Borough Code, except in emergencies requiring the
use of a backup generator, where such noise standards may be exceeded
on a temporary basis.
(20)
Aviation safety. Tower-based WCFs shall comply with all applicable
state and federal law concerning aviation safety.
(21)
Retention of experts. The Borough may hire any expert or consultant
to assist the Borough in reviewing and evaluating the application
for approval of a tower-based WCF and, if approved, in reviewing and
evaluating any potential violations of the terms and conditions of
these provisions. The applicant shall reimburse the Borough for all
costs associated with such expert or consultant.
(22)
Timing of approval. Within 30 calendar days after an application
is filed, the Borough shall notify the applicant in writing of any
information that may be required to complete the application. Applications
shall be acted upon within 150 days of the Borough's receipt of a
fully completed application. The Borough shall advise the applicant
in writing of its decision. If additional information is requested
by the Borough to complete an application, the time required by the
applicant to provide the information shall not be counted toward the
150-day review period.
(23)
Nonconforming uses and structures. Nonconforming tower-based
WCFs that are damaged or destroyed may be repaired and restored at
their former location but must otherwise comply with the terms and
conditions of this section. The co-location of antennas is permitted
on nonconforming structures.
(24)
Removal. The owner of a tower-based WCF shall provide written
notice to the Borough of its intent to discontinue the use of a tower-based
WCF and the date when the use shall be discontinued. Unused or abandoned
tower-based WCFs, or portions of WCFs, shall be removed within 90
days of the cessation of operations at the site, and if not removed,
the Borough may do so and charge the owner the Borough's cost of removal.
(25)
Permit fees. The Borough may assess reasonable permit fees directly
related to the Borough's actual cost to review and process the application
for approval of a tower-based WCF as well as all inspection, monitoring,
and related costs.
(26)
FCC license. Each person that owns or operates a tower-based
WCF over 35 feet in height shall submit a copy of its current FCC
license, including the name, address, and emergency telephone number
for the operator of the facility.
(27)
Engineer signature. All plans and drawings submitted by an applicant
shall contain a seal and signature of a professional structural engineer,
licensed in the Commonwealth of Pennsylvania.
(28)
Financial security. Prior to the issuance of a building permit,
the applicant shall provide the Borough with financial security sufficient
to guarantee the removal of the tower-based WCF. The financial security
shall remain in place until the tower-based WCF is removed.
(29)
Reservation of rights. The Borough reserves the right to deny
any application for any reason allowed by applicable state or federal
law, including, but not limited to, visual impact, design, and safety.
B.
Tower-based wireless communications facilities located outside the public right-of-way. In addition to the regulations set forth in § 160-49A, the following regulations shall apply to all tower-based WCFs located outside the public right-of-way:
(2)
Underground utilities. A tower-based WCF shall not be located in,
or within 100 feet of, any area in which the public utilities are
primarily located underground.
(3)
Sole use on a lot. A tower-based WCF shall be permitted as a sole
use on a lot, provided that the lot complies with the minimum size
specifications set forth in the Borough Zoning Code.
(4)
Combined with another use. A tower-based WCF shall be permitted on
a property with an existing use, or on a vacant parcel in combination
with another use, provided that the lot complies with the minimum
size specifications set forth in the Borough Zoning Code.
(5)
Height. The maximum height of a tower-based WCF shall be 100 feet
as measured vertically from the ground level to the highest point
on the structure, including antennas.
(6)
Minimum setbacks. The minimum distance between the base of a tower-based
WCF and any adjoining property line or street right-of-way line shall
equal 110% of the proposed height of the tower-based WCF or the minimum
setback of the underlying zoning district, whichever is greater.
(7)
Soils and surrounding environs. The applicant shall submit a soil
report to the Borough complying with the standards of Appendix I:
Geotechnical Investigations, ANSI/EIA-222, as amended, to document
and verify the design specifications of the foundation of the tower-based
WCF and anchors for guy wires if used. The applicant shall ensure
that the existing vegetation, trees, and shrubs located with proximity
to the tower-based WCF shall be preserved to the greatest extent possible.
(8)
Fencing. A security fence with a minimum height of eight feet shall
completely surround any tower-based WCF as well as any guy wires or
building that house related equipment.
(9)
Screening. Landscaping shall be required to screen as much of the
tower-based WCF as possible. Borough Council may permit any combination
of existing vegetation, topography, walls, decorative fences, or other
features instead of landscaping if, in the discretion of Borough Council,
they achieve the same degree of screening.
(10)
Accessory equipment. Ground-mounted related equipment associated
with a tower-based WCF shall be placed underground or screened from
public view using the most current stealth technologies. All related
equipment, utility buildings, and accessory structures shall be architecturally
designed to blend into the surrounding environment and shall meet
the minimum setback requirements of the underlying zoning district.
(11)
Access road. An access road, turnaround space, and parking shall
be provided to ensure adequate emergency and service access. Maximum
use of existing roads, whether public or private, shall be made to
the extent practicable. Road grades shall closely follow natural contours
to ensure minimal visual disturbance and soil erosion.
(12)
Inspection. The tower-based WCF owner shall inspect the WCF
on no less than an annual basis and provide the Borough with written
proof of inspection, noting any deficiencies observed, signed by a
registered engineer certified in the Commonwealth of Pennsylvania.
The Borough reserves the right to inspect any WCF to ensure compliance
with the Borough's Zoning Code and all local, state, and federal laws.
The Borough and its agents shall have the authority to enter the property
upon which a WCF is located at any time upon reasonable notice to
the owner or operator, unless in case of emergency, to ensure compliance
with all applicable laws and the structural integrity and safety of
the WCF.
C.
Tower-based wireless communications facilities located in the public right-of-way. In addition to the regulations set forth in § 160-49A, the following regulations shall apply to all tower-based WCF located in the public right-of-way:
(1)
Location and development standards.
(a)
Subject to all other applicable regulations, tower-based WCFs
are permitted in the public right-of-way along principal arterial
highways, minor arterial streets, and collector streets only.
(b)
Tower-based WCFs in the public right-of-way shall not exceed
35 feet in height.
(c)
Tower-based WCFs in the public right-of-way shall not be located
in the front facade area of any structure.
(d)
Tower-based WCFs in the public right-of-way shall not be located
in, or within 100 feet of, any area in which the public utilities
are primarily located underground.
(2)
Time, place, and manner. The Borough shall determine the time, place,
and manner of construction, maintenance, repair, and removal of tower-based
WCFs in the public right-of-way based on public safety, traffic management,
physical burden on the right-of-way, and related considerations. For
public utilities, the time, place, and manner requirements shall be
consistent with the Borough's police power and the requirements of
the Public Utility Code.
(3)
Equipment location. Tower-based WCFs in the public right-of-way shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic or to otherwise create safety hazards
to pedestrians or motorists or inconvenience the public use of the
right-of-way as determined by the Borough. In addition:
(a)
Whenever possible, all tower-based WCF-related equipment shall
be installed underground.
(b)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the curb.
(c)
Ground-mounted equipment that cannot be underground shall be
screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Borough.
(d)
Any required electrical meter cabinets that cannot be underground
shall be screened to blend in with the surrounding area to the satisfaction
of the Borough.
(e)
Any graffiti on the tower or accessory equipment shall be removed
at the sole expense of the owner within 10 business days after receiving
written notice by the Borough.
(f)
Any underground vaults shall be reviewed and approved by the
Borough.
(4)
Design regulations. Within 60 days following written notice from
the Borough, or sooner in the case of an emergency, an owner of a
tower-based WCF in the public right-of-way shall, at its own expense,
temporarily or permanently remove or relocate any tower-based WCF
in the public right-of-way when the Borough, consistent with its police
powers and any applicable Public Utility Commission regulations, shall
determine such removal or relocation is reasonably necessary under
the following circumstances:
(a)
The construction, repair, maintenance, or installation of any
Borough or other public improvements in the right-of-way;
(b)
The operations of the Borough or other governmental entity in
the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Borough.
(5)
Reimbursement for use of the right-of-way. In addition to any applicable
permit fees, every tower-based WCF in the public right-of-way is subject
to the Borough's right to annually fix a fair and reasonable fee to
be paid for the use and occupancy of the right-of-way. Such reimbursement
for the use of the right-of-way shall be directly related to the Borough's
actual right-of-way management costs, including, but not limited to,
the cost of the administration and performance of all reviewing, inspection,
permitting, supervising, and other right-of-way management activities
by the Borough. The owner of every tower-based WCF in the public right-of-way
shall pay an annual fee to the Borough to reimburse the Borough for
the Borough's costs incurred in connection with the activities described
above.
D.
Non-tower-based wireless communications facilities. The following
regulations shall apply to all non-tower-based wireless communications
facilities:
(1)
Permitted zoning districts. Non-tower-based WCFs are permitted in
all zoning districts, subject to the restrictions and conditions set
forth below and subject to all applicable permitting by the Borough.
(2)
Nonconforming wireless support structures. Non-tower-based WCFs shall
be permitted to co-locate upon nonconforming tower-based WCFs and
other nonconforming structures. Co-location upon existing tower-based
WCFs is encouraged even if the tower-based WCF is nonconforming as
to use within a zoning district.
(3)
Standard of care. All non-tower-based WCFs shall be designed, constructed,
operated, maintained, repaired, modified, and removed in strict compliance
with all current applicable technical, safety, and safety-related
codes, including, but not limited to, the most recent editions of
the American National Standards Institute (ANSI) Code, National Electrical
Safety Code, and the National Electrical Code. Non-tower-based WCFs
shall at all times be kept and maintained in good condition, order
and repair by qualified maintenance and construction personnel, so
as not to endanger the life of any person or any property in the Borough.
(4)
Wind and ice. Non-tower-based WCFs shall be designed to withstand
the effects of wind gusts and ice to the standard designed by the
American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/EIA/TIA-222), as amended.
(5)
Aviation safety. Non-tower-based WCFs shall comply with all applicable
state and federal law concerning aviation safety.
(6)
Public safety communications. Non-tower-based WCFs shall not interfere
with public safety communications or the reception of broadband, television,
radio, or other communications services enjoyed by occupants of nearby
properties.
(7)
Radio frequency emissions. Non-tower-based WCFs shall not generate
radio frequency emissions in excess of the standards and regulations
established by the Federal Communications Commission, including, but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(8)
Removal. The owner of a non-tower-based WCF shall provide written
notice to the Borough of its intent to discontinue the use of a non-tower-based
WCF and the date when the use shall be discontinued. Unused or abandoned
non-tower-based WCFs, or portions of WCFs, shall be removed within
90 days of the cessation of operations at the site, and if not removed,
the Borough may do so and charge the owner the Borough's cost of removal.
(9)
Maintenance. Non-tower-based WCFs shall be fully automated and unattended
on a daily basis. Maintenance shall be performed to ensure the upkeep
of the WCF in order to promote the safety and security of the Borough's
residents and utilize the best available technology for preventing
failures and accidents.
(10)
Inspection. The non-tower-based WCF owner shall inspect the
WCF on no less than an annual basis and provide the Borough with written
proof of inspection, noting any deficiencies observed, signed by a
registered engineer certified in the Commonwealth of Pennsylvania.
The Borough reserves the right to inspect any WCF to ensure compliance
with the Borough's Zoning Code and all local, state, and federal laws.
The Borough and its agents shall have the authority to enter the property
upon which a WCF is located at any time upon reasonable notice to
the owner or operator, unless in case of emergency, to ensure compliance
with all applicable laws and the structural integrity and safety of
the WCF.
E.
The following regulations shall apply to all non-tower-based WCFs
that fall under the Pennsylvania Wireless Broadband Co-location Act[1] and/or the FCC's October 2014 Report and Order:
(1)
Building permit required. Applicants proposing the modification of
an existing non-tower-based WCF shall obtain a building permit from
the Borough.
(2)
Timing of approval. Within 30 calendar days after an application
is filed, the Borough shall notify the applicant in writing of any
information that may be required to complete the application. Applications
shall be acted upon within 60 days of the Borough's receipt of a fully
completed application. The Borough shall advise the applicant in writing
of its decision. If additional information is requested by the Borough
to complete an application, the time required by the applicant to
provide the information shall not be counted toward the sixty-day
review period.
(3)
Permit fees. The Borough may assess reasonable permit fees directly
related to the Borough's actual cost to review and process the application
for approval of a non-tower-based WCF as well as all inspection, monitoring,
and related costs.
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
F.
The following regulations shall apply to all non-tower-based WCFs
that do not fall under the Pennsylvania Wireless Broadband Co-location
Act:[2]
(1)
Building and zoning permits required. Applicants proposing the construction
of a new non-tower-based WCF, or the modification of an existing non-tower-based
WCF, shall obtain a building permit and a zoning permit from the Borough.
The zoning permit application shall demonstrate that the proposed
non-tower-based WCF complies with all applicable provisions of the
Borough Zoning Code.
(2)
Timing of approval. Within 30 calendar days after an application
is filed, the Borough shall notify the applicant in writing of any
information that may be required to complete the application. Applications
shall be acted upon within 90 days of the Borough's receipt of a fully
completed application. The Borough shall advise the applicant in writing
of its decision. If additional information is requested by the Borough
to complete an application, the time required by the applicant to
provide the information shall not be counted toward the ninety-day
review period.
(3)
Permit fees. The Borough may assess reasonable permit fees directly
related to the Borough's actual cost to review and process the applications
for approval of a non-tower-based WCF as well as all inspection, monitoring,
and related costs.
(4)
Retention of experts. The Borough may hire any expert or consultant
to assist the Borough in reviewing and evaluating the applications
for approval of a non-tower-based WCF and, if approved, in reviewing
and evaluating any potential violations of the terms and conditions
of these provisions. The applicant shall reimburse the Borough for
all costs associated with such expert or consultant.
(5)
Prohibited on certain structures. No non-tower-based WCF shall be
located on any one-family dwelling, duplex dwelling, twin family dwelling,
townhouse (row) dwelling, conversion apartments (except when such
conversion was from an industrial or commercial building), or any
accessory building related to any of the foregoing dwellings.
(6)
Historic buildings or districts. No non-tower-based WCF shall be
located on a property, building, or structure that is listed or eligible
to be listed on either the National or Pennsylvania Registers of Historic
Places or is included in the official historic structures list maintained
by the Borough.
(7)
Development regulations. Non-tower-based WCFs shall be co-located
on existing wireless support structures, such as existing buildings
or tower-based WCFs, subject to the following conditions:
(a)
The total height of any wireless support structure and mounted
WCF shall not exceed 20 feet above the existing building or tower-based
WCF.
(b)
All non-tower-based WCF applicants shall submit documentation
to the Borough justifying the total height of the non-tower-based
WCF.
(c)
If the applicant proposes to locate any related equipment in
a separate building, the building shall comply with the minimum requirements
for the underlying zoning district.
(d)
A security fence with a minimum height of eight feet shall completely
surround any separate communications equipment building. Vehicular
access to the communications equipment building shall not interfere
with the parking or vehicular movement on the site for the principal
use.
(8)
Stealth technology. Non-tower-based WCF shall employ the most current
stealth technology available in order to minimize aesthetic impact.
(9)
Replacement. The removal and replacement of any non-tower-based WCF
and/or related equipment for the purpose of upgrading or repairing
the WCF is permitted, provided that such upgrade or repair does not
substantially change the overall size of the WCF or the number of
antennas.
(10)
Modification. Any material modification to a WCF shall require
written notice to the Borough and may be subject to additional permit
approvals.
[2]
Editor's Note: See 53 P.S. § 11702.1 et seq.
G.
Non-tower-based wireless communications facilities located in the public right-of-way. In addition to the regulations set forth in § 160-49F, the following regulations shall apply to all non-tower-based WCFs located in the public right-of-way:
(1)
Co-location. Non-tower-based WCFs in the public right-of-way shall
be co-located on existing poles, such as existing utility poles or
light poles.
(2)
Design requirements.
(a)
Non-tower-based WCF installations located above the surface
grade in the public right-of-way shall consist of equipment components
that are no more than six feet in height and are compatible in scale
and proportion to the structures upon which they are mounted. All
equipment shall be the smallest and least visibly intrusive equipment
feasible.
(b)
Antennas and related equipment shall be painted or otherwise
coated to be visually compatible with the structures upon which they
are mounted.
(3)
Time, place, and manner. The Borough shall determine the time, place,
and manner of construction, maintenance, repair, and removal of non-tower-based
WCFs in the public right-of-way based on public safety, traffic management,
physical burden on the right-of-way, and related considerations. For
public utilities, the time, place, and manner requirements shall be
consistent with the Borough's police power and the requirements of
the Public Utility Code.
(4)
Equipment location. Non-tower-based WCFs in the public right-of-way
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic or to otherwise create safety hazards
to pedestrians or motorists or inconvenience the public use of the
right-of-way as determined by the Borough. In addition:
(a)
Whenever possible, all non-tower-based WCF-related equipment
shall be installed underground.
(b)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the curb.
(c)
Ground-mounted equipment that cannot be underground shall be
screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Borough.
(d)
Any required electrical meter cabinets that cannot be underground
shall be screened to blend in with the surrounding area to the satisfaction
of the Borough.
(e)
Any graffiti on any wireless support structure or related equipment
shall be removed at the sole expense of the owner within 10 business
days after receiving written notice by the Borough.
(f)
Any underground vaults shall be reviewed and approved by the
Borough.
(5)
Relocation or removal. Within 60 days following written notice from
the Borough, or sooner in the case of an emergency, an owner of a
non-tower-based WCF in the public right-of-way shall, at its own expense,
temporarily or permanently remove or relocate any non-tower-based
WCF in the public right-of-way when the Borough, consistent with its
police powers and any applicable Public Utility Commission regulations,
shall determine such removal or relocation is reasonably necessary
under the following circumstances:
(a)
The construction, repair, maintenance, or installation of any
Borough or other public improvements in the right-of-way;
(b)
The operations of the Borough or other governmental entity in
the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Borough.
(6)
Reimbursement for use of the right-of-way. In addition to any applicable
permit fees, every non-tower-based WCF in the public right-of-way
is subject to the Borough's right to annually fix a fair and reasonable
fee to be paid for the use and occupancy of the right-of-way. Such
reimbursement for the use of the right-of-way shall be directly related
to the Borough's actual right-of-way management costs, including,
but not limited to, the cost of the administration and performance
of all reviewing, inspection, permitting, supervising, and other right-of-way
management activities by the Borough. The owner of every non-tower-based
WCF in the public right-of-way shall pay an annual fee to the Borough
to reimburse the Borough for the Borough's costs incurred in connection
with the activities described above.
As defined herein, a community parking lot is a lot of record
on which the unenclosed parking or storing of automotive vehicles
is the primary use of said lot, and a community garage is a lot of
record on which the enclosed parking or storing of automotive vehicles
is the primary use of said lot.
A.
No sale, rental, service or repair operation is permitted.
B.
All such parking lots shall meet the Borough design standards for
off-street parking.
C.
In MR, NC and BC Districts, the parking or storage of trucks or trailers
other than those owned and routinely used by a principal use located
in the same district is prohibited.
A.
In residential districts, no public business office shall be operated
in connection with such use.
B.
Storage yards or storage buildings may be operated in connection
with such use only on application to the Zoning Hearing Board for
special exception and following demonstration to the satisfaction
of the Board that it is essential to service customers in the district
in which it is located.
C.
In new subdivisions, land developments or redevelopment areas, utility
distributing and service facilities shall be installed underground
unless, in the opinion of the Planning Commission, special conditions
require otherwise. When the Pennsylvania Public Utilities Commission
has adopted rules or orders covering underground installations, these
rules or orders shall at all times apply.
D.
A buffer yard shall be provided along all property lines except properties
used exclusively for rights-of-way.
[Amended 7-12-2021 by Ord. No. 738]
A dwelling may be located in a building as an accessory use
to a commercial use in the NC and BC Districts, provided that all
dimensional, parking and other applicable requirements of this chapter
are provided in addition to those required for the commercial use
itself. In the BC District, no dwelling units shall be permitted on
the first story of any building.
Produce stands are permitted only in LR, NC and BC Districts
by special exception and subject to the following conditions:
A.
The stand shall not exceed 400 square feet of gross floor area for
the sale of agricultural products.
B.
The stand shall not be located within 10 feet of any right-of-way.
C.
Temporary stands or shelters shall be erected for a maximum of 120
days per year. The stands or shelters used for such sales shall be
removed during that period when not in use for the display or sale
of products.
D.
In the LR District, no stand shall be erected on a lot except as
an accessory use to an established principal agricultural use; and
further, such stand shall be discontinued prior to or coincidental
with the disestablishment of its parent agricultural use.
A.
The occupation or profession shall be carried on wholly indoors and
within the principal building or within a building or other structure
accessory thereto.
B.
There shall be no exterior display, no exterior sign (except as permitted under Article VIII), no exterior storage or materials and no other exterior indication of the home occupation or variations from residential buildings.
C.
There shall be no maintenance of a stock-in-trade or the use of show windows or displays or advertising visible outside the premises to attract customers or clients other than professional announcement signs as permitted in Article VIII.
D.
No articles are sold or offered for sale except as may be produced
on the premises.
E.
No repetitive servicing by truck for supplies and material shall
be required.
F.
No offensive noise, vibration, smoke, dust, odors, heat or glare
shall be produced.
G.
The occupation shall be carried on only by members of the immediate
family residing in the dwelling unit, plus not more than one additional
employee.
H.
The floor area devoted to a home occupation, regardless of where
it is located on a lot, shall be equivalent to not more than 25% of
the around floor area of the principal residential structure, excluding
ground floor area covered by an attached garage.
I.
In particular, a home occupation includes but is not limited to the
following: art studio, professional office of a physician, dentist,
lawyer, engineer, architect, writer, personal business office or accountant
within a dwelling occupied by the same, teaching of not more than
four pupils simultaneously or, in the case of musical instruction,
not more than a single pupil at a time. However, among the uses that
shall not be interpreted to be a home occupation are the following:
animal hospital, barbershops and beauty parlors; commercial stables
and kennels; funeral parlors or undertaking establishments; antique
shop; and restaurants.
The growing of fruit, vegetables, flowers, ornamental plants
or trees, including the use of greenhouses, for a profit, are allowed
subject to the following requirements:
A.
A "swimming pool" is defined herein as any structure intended for
swimming and/or diving purposes, made of concrete, masonry, metal
or other man-made impervious material, or a combination thereof, in
which the water is treated to maintain a sanitary condition and that
has a water depth of 24 inches or more. This includes in-ground, above-ground/on-ground
swimming pools and hot tubs/spas. Pools are permitted as an accessory
use to a residential use.
B.
ABOVEGROUND/ON-GROUND SWIMMING POOL
BARRIER
HOT TUB/SPA
IN-GROUND POOL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A removable swimming pool of any shape that has walls and
an impervious liner that is located on the surrounding earth and may
be disassembled or stored and reassembled to its original integrity.
A fence, a wall, a building wall, or a combination thereof.
A structure containing water, intended for recreational use,
in which all controls, water-heating and water-circulating equipment
are an integral part of the product.
A permanent swimming pool in which the surface of the water
is approximately level with the surrounding around surface and the
volume of water is below ground level.
C.
A swimming pool is permitted as an accessory use to a residential
dwelling unit subject to the following:
(1)
An outdoor swimming pool, including an in-ground, aboveground/on-ground
pool and hot tub/spa, shall be provided with a barrier that completely
surrounds the swimming pool, which shall comply with the following:
(a)
The top of the barrier shall be at least 48 inches (four feet)
above grade, measured on the side of the barrier which faces away
from the swimming pool. The maximum vertical clearance between grade
and the bottom of the barrier shall be two inches, measured on the
side of the barrier which faces away from the swimming pool. Where
the top of the pool structure is above grade, such as an aboveground
pool, the barrier may be at ground level or mounted on top of the
pool structure. Where the barrier is mounted on top of the pool structure,
the maximum vertical clearance between the top of the pool structure
and the bottom of the barrier shall be two inches.
(b)
Openings in the barrier shall not allow passage of a four-inch-diameter
sphere.
(c)
Solid barriers which do not have openings, such as a masonry
or stone wall, shall not contain indentations or protrusions except
for normal construction tolerances and tooled masonry joints.
(d)
Where the barrier is composed of horizontal and vertical members
and the distance between the tops of the horizontal members is less
than 45 inches, the horizontal members shall be located on the swimming
pool side of the fence. Spacing between vertical members shall not
exceed 1 3/4 inches in width. Where there are decorative cutouts
within vertical members, spacing within the cutouts shall not exceed
1 3/4 inches in width.
(e)
Where the barrier is composed of horizontal and vertical members
and the distance between the tops of the horizontal members is 45
inches or more, spacing between vertical members shall not exceed
four inches. Where there are decorative cutouts within vertical members,
spacing within the cutouts shall not exceed four inches.
(f)
Maximum mesh size for chain link fences shall be a one-and-one-fourth-inch
square, unless the fence is provided with slats fastened at the top
or the bottom which reduce the openings to no more than 1 3/4
inches.
(g)
Where the barrier is composed of diagonal members, such as lattice
fence, the maximum opening formed by the diagonal members shall be
no more than 1 3/4 inches.
(h)
Access gates shall comply with the requirements of Subsections C(1)(a) through (g) above and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the following shall apply:
(i)
Barriers shall be located so as to prohibit permanent structures,
equipment or similar objects from being used to climb the barriers.
(2)
A zoning permit shall be required to locate or construct an in-ground
swimming pool.
(3)
Swimming pools, including any associated decking, patios, filters,
heaters, and other equipment and appurtenances, shall be located only
in rear yards and shall not be located within 10 feet of any lot line
or building.
[Amended 8-12-2019 by Ord. No. 727]
(4)
The pool may be lighted by underwater or exterior lights, or both,
provided that all exterior lights are located so that the light is
neither directed nor reflected upon adjacent properties in such a
manner as to be a nuisance or an annoyance to neighboring properties.
Underwater lighting shall be in compliance with the applicable National
Electrical Code.
(5)
There shall be no cross-connection with a public sewerage system.
(6)
The permanent inlet shall be above the overflow level of the pool.
(7)
At the time of application for a zoning permit, it shall be demonstrated
that the drainage of the pool is adequate and will not interfere with
the water supply system, with existing sewage facilities and with
public streets and shall not drain onto a neighboring property.
(8)
A dense planting of trees and shrubs shall be established and maintained
between the pool and all property lines to protect the adjoining properties
from noise arising from mechanical equipment and activities in and
around the pool.
A.
A "rooming house" is defined herein as a building arranged or used
for rooming, with or without meals, but for compensation, provided
that:
(1)
A rooming house must be an accessory use to a single-family dwelling.
(2)
Accommodations must be for three or fewer persons and for periods
of one week or more.
(3)
No facilities for cooking shall be provided in individual rooms or
suites.
(4)
No structural alterations of the building exterior shall be made
except as may be necessary for purposes of safety.
(5)
The dimensional, parking and other applicable requirements of this
chapter for the district in which such rooming house is located shall
not be reduced.
B.
In MR and NC Districts, the establishment of a rooming house as an
accessory use shall be authorized only for large single-family detached
dwellings that have an existing floor area of 1,500 square feet, plus
300 square feet for each roomer; and the lot on which such rooming
house is located shall have a lot area, in addition to other lot area
requirements as may be required by this chapter, of not less than
500 square feet for each roomer.
A temporary permit may be issued for structures or uses accessory
during construction or other special circumstances of a nonrecurring
nature, subject to the following additional provisions:
A.
The life of such permit shall be only for the period required and
shall not exceed six months, renewable at additional three-month intervals,
not to exceed a maximum life of one year, unless, owning to special
circumstances, additional life is required and special exception is
authorized by the Zoning Hearing Board.
B.
Temporary nonconforming uses shall be subject to authorization by
the Zoning Hearing Board by special exception.
C.
Such structure or use shall be removed completely upon expiration
of the permit without cost to the Borough.
A.
Residential accessory building. A dwelling for parents, grandparents
or other relatives by blood, marriage or adoption of the resident
property owners; for domestic servants or caretakers employed on the
premises; and for occasional gratuitous guests.
(1)
The accessory residential building may be attached to the principal
building or may be a detached building.
(2)
Only one residential accessory use shall be allowed per property
which is non-income-producing.
(3)
The lot must conform to the minimum lot area requirements for a single-family
detached dwelling in the applicable zoning district.
(4)
A permit from the Bucks County Department of Health shall be required
for the sewage facilities prior to the issuance of a zoning permit.
(5)
The minimum yard and setback requirements for a single-family dwelling
for the applicable zoning district shall be met.
(6)
Parking. Existing parking spaces shall not be diminished, and an
additional parking space shall be provided for each additional vehicle.
(7)
The Borough will maintain a list of accessory residential buildings
which will be reviewed and recertified annually.
B.
Accessory buildings; private garages.
(1)
In the LR District, a private garage or other accessory building
shall not be permitted in the required front yard but may be erected
within a rear or side yard if entirely separated from the main building
and located at least 10 feet farther back from the front street line
than the rearmost portion of the principal building and at least six
feet from the side or rear yard lines.
(2)
In MR and NC Districts, a private garage or other accessory building
shall not be permitted in the required front yard but may be erected
within a rear or side yard if entirely separated from the principal
building and either five or more feet or zero feet from both the side
and rear yards. When a private garage or other accessory building
is located on a side or rear lot line, an access easement shall be
provided along each yard to allow for necessary maintenance of the
building.
(3)
In all other zoning districts, private garages or other accessory
buildings shall be located and erected in accordance with the standard
dimensional requirements for the district in which such garage or
accessory building is located.
Accessory uses customarily incidental to permitted principal
uses are permitted in all districts subject to the following requirements:
A.
When any use is proposed as an accessory use under this section and
where such use is listed herein as a permitted principal use in one
or more zoning districts, then permission to establish any such use
shall be granted only by special exception.
B.
Such accessory uses shall be accessory only to permitted or conforming
principal uses.
C.
Clear demonstration shall be made that any such accessory use is
related to, supporting of and commonly associated with, yet clearly
incidental to, the parent principal use.
D.
Generally, such accessory uses shall be conducted within a principal
building, and under no conditions shall such accessory use involve
outdoor storage or display of goods which are covered by other provisions
of this chapter.
E.
Retail sales may be included among those accessory uses deemed appropriate,
provided that they are conducted primarily for the convenience of
the employees or occupants of the principal use.
A.
The proposed use shall be at least 500 feet from the nearest point
of an existing church (or other place of worship), existing school
or day-care center.
B.
No material, items or activities which are characterized by an emphasis
on obscene matter shall be permitted.
(1)
"Obscene," as used in this section, means that which, to the average
person applying contemporary community standards, has as its dominant
theme, taken as a whole, an appeal to the prurient interest. It is
determined as obscene applying the following guidelines:
(a)
Whether the average person applying contemporary community standards
would find that the subject matter taken as a whole appeals to the
prurient interest.
(b)
Whether the subject matter depicts or describes, in a patently
offensive way, sexual conduct of a type hereinafter described.
(c)
Whether the subject matter, taken as a whole, lacks serious
literary, artistic, political, educational or scientific value.
(2)
The types of sexual conduct referred to here include patently offensive
representations or descriptions of ultimate sexual acts, normal or
perverted, actual or simulated, and patently offensive representations
or descriptions of masturbation, excretory functions and lewd exhibitions
of the genitals. "Community," for the purpose of applying the contemporary
community standards herein, shall be considered to be the local community
standards.
C.
No material containing sexual anatomical areas or activities shall
be visible from any perimeter property line; this shall include any
signage or display windows.
D.
Any building, structure or property erected, altered or used as a
bookstore or motion-picture theater, indoor or outdoor, shall be authorized
as a special exception in only the zoning district(s) permitting such
uses, and then only upon the finding by the Zoning Hearing Board that
the prohibited uses and conduct herein shall not be used for the prohibited
purposes. In the proceeding before the Zoning Hearing Board, the burden
of proof shall be upon the applicant to establish that obscene uses
and conduct shall not be engaged in.
A.
No more than one mobile home shall be placed on a single parcel,
and such mobile home shall be occupied by not more than a single family.
B.
Mobile homes shall be subject to the following requirements: Each
mobile home shall be placed on a permanent foundation of at least
eight poured concrete or masonry pillars set on a concrete base at
least eight inches thick. The pillars shall be spaced no more than
10 feet apart, with the end piers being no farther than five feet
from the ends of the unit. The pillars shall be at least one foot
by two feet in size and at least 36 inches below grade. Each pillar
shall have installed a tie-down ring to which the mobile home shall
be secured.
C.
The exterior covering material of the mobile home shall extend to
the ground, except that when a solid concrete or masonry perimeter
foundation is used, the exterior material need not extend below the
top of the foundation.
D.
All mobile home tow bars, wheels and axles shall be removed when
the dwelling is installed on a residential lot.
A.
Dimensional requirements shall be as follows:
C.
Use regulations. A mobile home park may include the following, provided
that the requirements of this and any other pertinent sections are
met:
(1)
Mobile home.
(2)
Accessory uses on individual lots customarily incidental to individual mobile homes as provided in Article IV, § 160-21B(2), Accessory uses.
(3)
A building or mobile home for office space for the manager of said
mobile home development.
D.
The following conditions shall apply to all mobile homes:
(1)
No more than one mobile home shall be placed on a mobile home lot,
and such mobile home shall be occupied by not more than a single family.
(2)
The exterior covering material of the mobile home shall extend to
the ground, except that when a solid concrete or masonry perimeter
foundation is used, the exterior material need not extend below the
top of the foundation.
(3)
Each mobile home shall be placed on a permanent foundation of at
least eight poured concrete or masonry pillars set on a concrete base
at least eight inches thick. The pillars shall be spaced no more than
10 feet apart with the end piers being no farther than five feet from
the ends of the unit. The pillars shall be at least one foot by two
feet in size and at least 36 inches below grade. Each pillar shall
have installed a tie-down ring in which the mobile home shall be secured.
(4)
Each mobile home shall be served by and connected to a public sanitary
sewer disposal system and public water supply. Internal streets shall
have hydrants placed so that no mobile home is more than 600 feet
from a hydrant. Each lot shall be equipped with a sewer riser pipe
and water riser pipe.
(6)
Parking. Two spaces for three bedrooms or fewer or three spaces for
four bedrooms or more shall be required. An additional 0.5 off-street
parking space per mobile home lot shall be provided in a common parking
area for visitors.
(7)
Every mobile home shall have access to an improved street in the mobile home park in accordance with Chapter 135, Subdivision and Land Development.
(8)
Submission of master plan. The mobile home park shall be constructed
in accordance with an overall plan and shall be designed as a single
or common operating and maintenance unit under one ownership, unless
an approved subdivision plan has been recorded, in which case individual
lots may be sold pursuant to such plan.
A.
In the NC, BC and I Districts, principal permitted uses may be mixed
on the same lot only when authorized by special exception. The following
additional conditions shall apply:
(1)
In the NC District, gasoline-dispensing facilities, retail stores
and businesses, sit-down restaurants and taverns and utilities and
transportation uses may be mixed with each other, but not with any
other permitted use.
(2)
In the BC and I Districts, use groups in commercial, industrial or
utilities and transportation categories may be mixed with each other,
but not with any other permitted use and not within any residential
use and not within any building attached or connected to any residential
use on an adjacent lot, whether permitted or existing as a lawful
nonconforming use.
B.
In all districts, the yard dimensions and lot area, densities, open
spaces, building bulk standards and parking requirements ordinarily
applicable shall apply on an individual and separate basis, although
aggregated on the same lot, whether the uses are mixed as permitted
in this chapter or by special exception.
A.
No building may be erected, altered or used and no lot or premises may be used in any district from any use which is noxious or offensive by reason of odor, which constitutes a public hazard by reason of fire, explosion, odor, dust, vibration, illumination or noise or otherwise (as established in Article VII). Specifically, any use or proposed use shall not:
(1)
Constitute a public nuisance beyond a zoning district boundary line
by reason of noxious, toxic or corrosive fumes, smoke, odor or dust.
(2)
Result in excessive noise or vibration.
(3)
Endanger surrounding areas by reason of fire, explosion or otherwise.
(4)
Contribute to the pollution of water or air.
(5)
Create any other objectional condition beyond a zoning district.
B.
The applicant, as a condition of approval of a permit application,
shall demonstrate that adequate provisions will be made to reduce
and minimize any objectionable elements to the degree necessary to
ensure that the proposed uses will not be noxious, hazardous or offensive,
as defined above. In order to determine that adequate safeguards are
provided, the Zoning Officer or the Zoning Hearing Board may:
A.
No building shall exceed the maximum heights specified in Article IV for each applicable zoning district; except, however, in zoning districts where building heights above these maximum limitations are specifically suggested pursuant to this section, then the following regulations shall also apply.
B.
The Zoning Hearing Board may waive the maximum building height by
special exception in zoning districts, provided that:
(1)
Such increase does not exceed 100%.
(2)
Adequate measures are taken to ensure adequate fire protection and
other public safety matters.
(3)
Generally, each required yard and the building setback line shall
be increased one foot for each foot or portion thereof that the proposed
building height exceeds the applicable district limitation; however,
such increases are not mandatory and may be reduced or eliminated
where it is demonstrated that the location of any proposed building
with an increased building height shall not unreasonably deprive any
other building or any portion of any adjacent lot or building of light
or air.
(4)
For each four feet of increased building height, the maximum permitted
building area shall be decreased 1%, such reduction not to exceed
1/4 of the required building area.
The maximum height limitations of this chapter shall not apply
to church spires, belfries, cupolas, monuments, silos, domes or any
other structure not intended for human occupancy, nor to windmills,
antennas, chimneys, ventilators, skylights, water tanks or other necessary
mechanical appurtenances normally built above the roof level. Such
building appurtenances, however, shall be erected only to such height
as is necessary to accomplish the purpose they are to serve.
In all districts except BC, no structure, fence, planting or
other structure shall be maintained between a plane two feet above
curb level and a plane seven feet above curb level so as to interfere
with the traffic visibility across the corner within a triangle bounded
by the street lot line and a straight line drawn between points on
each such lot line 25 feet from the intersection for said lot lines
or extension thereof.
In cases where lots have frontage along two or more streets,
the minimum building setback requirement shall apply to each street
according to the minimum requirements for the district in which the
lot is located.
A.
Wherever in any zoning district the present setback of existing buildings
is greater than the minimum provided, the required setback of a building
hereafter erected shall be the same as or greater than the present
setback of existing buildings in the same block on the same side of
the street, except when a special exception is authorized.
B.
Wherever in any zoning district the present setback of existing buildings
is less than the minimum requirement for the district involved, the
required setback of any building hereafter erected shall be at least
the average setback formed by the alignment of existing buildings
within 100 feet on each side of the proposed building and within the
same block.
A.
In cases where party walls are permitted between principal buildings,
such as single-family attached dwellings, no side yards are required
for any building located upon such party wall lot line.
B.
On lots along the boundaries of districts where no side or rear yard
is normally required, side and rear yards shall be provided, if such
yards are required in the adjacent district. The dimension of such
side or rear yard shall be equal to that required in the district
on which such lot abuts.
In the case of a triangular lot with no rear lot line, the distance
between any point on the building and the corner of the lot farthest
from the front lot line shall be at least twice the minimum rear yard
requirement for that district.
A.
Projections. Unenclosed, ground-story terraces, patios and porches
may project into any required yard not more than 1/2 of its required
dimension and not more than 10 feet in any case. Chimneys, flues,
columns, sills and ornamental architectural features may project not
more than two feet into a required yard.
B.
Fences.
(1)
Fences or walls erected within the required front yard shall not
exceed four feet in height and shall be constructed in a manner such
that not greater than 40% of the total facade of the fence shall be
of opaque materials. Solid retaining walls that do not extend in height
greater than the first floor elevation shall be exempted from this
section.
(2)
No fence or wall shall be permitted within the ultimate right-of-way
line of any public street or alley.
(3)
Fences erected within the required rear or side yards or in front
of any building, but not within the required front yard, shall not
exceed six feet in height; except fences to enclose tennis courts,
swimming pools, playgrounds or other recreational area, provided that
such fence is chain link, open wire or other nonopaque style, which
may be erected to a height of not greater than 12 feet.
Where a wall of a building is not parallel with its corresponding
lot line, the required width or depth of any yard or setback on that
side of the building shall be taken as the average width or depth,
provided that said yard or setback shall not be narrower at any point
than 3/4 of the required width or depth.
