Borough of Bridgeport, PA Article IV Additional Requirements for Specific Uses

§ 560-28 Applicability.

A. This article establishes additional specific requirements for certain specific uses, in addition to the sign, parking, environmental and other general requirements of this chapter and the requirements of each district. Wherever two requirements conflict, the stricter requirement shall apply.

(1) For uses allowed within a specific zoning district as "special exception" uses, see also the procedures and standards in § 560-15.

§ 560-29 Additional requirements for specific principal uses.

A. Each of the following uses shall meet all of the following requirements for that use:

(1) Adult use. (This is limited to the following: adult bookstore, adult movie theater, massage parlor or adult live entertainment use.)

(a) Purposes: The regulations on adult uses are intended to serve the following purposes, in addition to the overall objectives of this chapter.

[1] To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the municipality. These secondary impacts typically include, but are not limited to, increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space.

[2] To limit adult uses to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and downtown revitalization.

[3] To not attempt to suppress any activities protected by the "free speech" protections of the U.S. Constitution but instead to control secondary effects.

(b) No such use shall be located within 500 lineal feet of the lot line of any library, public park, existing dwelling nor 1,000 lineal feet of the lot line of any primary or secondary school, place of worship, day-care center or child nursery.

(c) Any adult use shall comply with any separate Borough ordinance regulating such uses.

(d) A fifty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 560-56, but with plantings of an initial minimum height of five feet.

(e) No pornographic material, displays or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.

(f) No such use shall be used for any purpose that violates any federal, state or municipal law.

(g) See § 560-50, Prohibited signs.

(h) The use shall not include the sale or display of "obscene" materials, as defined by state law, as may be amended by applicable court decisions.

(i) Adult uses shall be prohibited in all districts except where adult uses are specifically permitted by Article III.

(j) A minimum lot area of 20,000 square feet is required.

(k) For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.

(l) No use may include live actual or simulated sex acts or any sexual contact between entertainers or between entertainers and customers.

(m) Only lawful massages, as defined by state court decisions, shall be performed in a massage parlor.

(n) All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except within a permitted lawful "adult live entertainment use."

(o) Any application for such use shall state the names and home addresses of all individuals intended to have more than a five-percent ownership in such use or in a corporation owning such use and an on-site manager responsible to ensure compliance with this chapter on a daily basis. Such information shall be updated at the beginning of each year in writing to the Zoning Officer.

(p) As specific conditions of approval under this chapter, the applicant shall prove compliance with related state laws, as amended. Note: Such laws include, but are not limited to, the Pennsylvania Liquor Code, Act 219 of 1990 (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.); Act 207 of 1990 (which pertains to obscenity); and Act 120 of 1996 (which pertains to adult-oriented establishments and which limits enclosed viewing booths, among other matters).

(2) Adult day-care center.

(a) Shall be fully licensed by the state, if required by the state.

(b) Shall include constant supervision during all hours of operation.

(c) Shall not meet the definition of a "treatment center."

(3) After-hours club. As a condition of any approval under this chapter, the applicant shall prove full compliance with state Act 219 of 1990, as amended (Section 7327 of Title 18 of the Pennsylvania Statutes).

(4) Apartments. See "townhouses and apartments" in this section.

(5) Assisted living facility/personal care center. The standards for nursing homes in this section shall apply.

(6) Auto, boat or mobile/manufactured home sales.

(a) No vehicle, boat or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area. See buffer yard provisions in § 560-56.

(b) See light and glare standards in § 560-37.

(c) See parking requirements in Article VI.

(d) Any mobile/manufactured homes on a sales site shall meet the required principal building setbacks from the perimeter lot lines.

(7) Auto repair garage.

(a) All paint work shall be performed within a building, with a fume collection and ventilation system that directs fumes away from any adjacent dwellings. Outdoor major repairs (such as bodywork and grinding) and outdoor welding shall not occur within 250 feet of a residential lot line.

(b) All reasonable efforts shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots. See standards in Article V. See buffer yard requirements in § 560-56.

(c) Outdoor storage of motor vehicles shall not be within any required buffer yard or street right-of-way.

(d) Overnight outdoor storage of junk other than permitted junk vehicles shall be prohibited within view of a public street or a dwelling.

(e) Any "junk vehicle" (as defined by Article II) shall not be stored for more than 20 days within view of a public street or a dwelling. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.

(f) Service bay doors shall not face directly towards an abutting dwelling (not including a dwelling separated from the garage by a street) if another reasonable alternative exits.

(8) Auto service station.

(a) See definition of this term and "auto repair garage" in Article II. The uses may be combined, if the requirements for each are met.

(b) All activities except those to be performed at the fuel or air pumps shall be performed within a building. The use shall not include spray painting.

(c) Fuel pumps shall be at least 25 feet from the existing street right-of-way and shall meet side yard principal building setback requirements.

(d) Overnight outdoor storage of junk shall be prohibited within view of a public street or dwelling. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.

(e) Any "junk vehicle" (as defined by Article II) shall not be stored more than 20 days within view of a public street or a dwelling. No junk vehicles shall be stored within 20 feet of an existing street right-of-way. No more than six junk vehicles shall be stored on the lot outside of an enclosed building at any point in time.

(f) The use may include a "convenience store" if the requirements for such use are also met.

(9) Bed-and-breakfast inn.

(a) Within a residential district (where permitted under Article III), a maximum of five rental units shall be provided, and no more than three adults may occupy one rental unit. No maximums shall apply within other permitted districts.

(b) One off-street parking space shall be provided for each rental unit. The off-street parking spaces for the bed-and-breakfast inn shall be located either to the rear or side of the principal building or screened from the street and abutting dwellings by landscaping.

(c) There shall not be any signs, show windows or any type of display or advertising visible from outside the premises, except for a single nonilluminated sign with a maximum sign area of six square feet on each of two sides and with a maximum height of eight feet.

(d) The use shall have a residential appearance and character.

(e) The use shall be operated and/or managed by permanent residents of the lot.

(f) There shall not be separate cooking facilities in any guest room. Food shall only be served to guests who are staying overnight, unless a restaurant is also permitted.

(g) No guest shall stay for more than 14 days in any month.

(10) Boardinghouse (includes "rooming house").

(a) Minimum lot area: 20,000 square feet.

(b) Minimum side yard building setback: 20 feet per side.

(c) Minimum lot width: 100 feet.

(d) Maximum density: six bedrooms per acre; shall serve a maximum total of 20 persons.

(e) Each bedroom shall be limited to two adults each.

(f) A buffer yard with screening meeting § 560-56 shall be provided between any boardinghouse building and any abutting dwelling.

(g) See also standards for "assisted living facility," which is a separate use.

(h) Signs shall be limited to two wall signs with a maximum of two square feet each.

(i) Rooms shall be rented for a minimum period of five consecutive days.

(11) Car wash.

(a) Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. On-lot traffic circulation channels and parking areas shall be clearly marked.

(b) Adequate provisions shall be made for the proper and convenient disposal of refuse. The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.

(c) Water from the car wash operation shall not flow onto sidewalks or streets in such a manner as could cause ice hazards.

(d) Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

(12) Requirements and Standards for Communications Facilities.

[Amended 6-27-2017 by Ord. No. 2017-004, approved 6-27-2017[1]]

(a) General and specific requirements for communications antennas. The following regulations shall apply to all communications antennas, except those operated by a federally licensed amateur radio operator:

[1] Standard of care. All communications antennas 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 Pennsylvania Uniform Construction Code, American National Standards Institute (ANSI) Code, and National Electrical Code. Communications antennas shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

[2] Permitted in all zoning districts. Communications antennas are permitted pursuant to this chapter in all zoning districts throughout the Borough, so long as they comply with all of the terms and conditions of this chapter.

[3] Historic areas. To the extent permitted by state and federal law, no communications antenna may be located upon any property, or on a building or structure, that is listed on either the National or Pennsylvania Register of Historic Places (either inside or outside the public rights-of-way), or that is deemed by the Borough to be of specific historical significance.

[4] Wind. Communications antenna structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition 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/TIA-222, as amended).

[5] Aviation safety. Communications antennas shall comply with all federal and state laws and regulations concerning aviation safety.

[6] Public safety communications and other communications services. Communications antennas shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

[7] Radio frequency emissions. A communications antenna shall not, by itself or in conjunction with other antennas and/or communications towers, generate radio frequency emissions in excess of the standards and regulations of the FCC, 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. In the event that use of a communications antenna is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned communications antennas, or portions of communications antennas, shall be removed as follows:

[a] All abandoned or unused communications antennas and related equipment shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Borough.

[b] If the communications antenna or related equipment is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Borough, the communications antenna and/or related equipment may be removed by the Borough. As security, the Borough reserves the right to the salvage value of any removed communications antenna and/or related equipment, if such communications antenna and/or related equipment are not removed by the owner within the specific time frame enumerated in this chapter.

[9] Indemnification. Each person that owns or operates a communications antenna shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the communications antenna. Each person that owns or operates a communications antenna shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a communications antenna. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

[10] Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

[a] The communications antenna shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[b] Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.

[c] All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

[11] Removal, Replacement and Modification.

[a] To the extent permitted by law, the removal and replacement of communications antennas and/or related equipment for the purpose of upgrading or repairing the communications antenna is permitted, so long as such repair or upgrade does not substantially change the overall size of the wireless support structure.

[b] To the extent permitted by law, any material modification to a communications antenna shall require notice to be provided to the Borough, and possible supplemental permit approval to the original permit or authorization.

(b) Regulations for specific applications. The following regulations shall apply only to communications antennas or other communications facilities installations that fall under the Pennsylvania Wireless Broadband Collocation Act and/or the mandatory-approval provisions of the FCC's October 2014 Report and Order, as amended:

[1] Permit required. Communications antenna applicants proposing changes to an existing communications tower, base pad, related equipment, or communications antenna that do not substantially change the dimensions of the existing wireless support structure or otherwise fall under the WBCA or pertinent provisions of the FCC's October 2014 Report and Order, shall obtain a building permit from the Borough. In order to be considered for such a permit, the applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures.

[2] Timing of approval for applications that fall under the WBCA and/or FCC's October 2014 Report and Order, as amended. Within 30 calendar days of the date that an application for a communications antenna is filed with the Borough, the Borough shall notify the applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Borough shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision.

[3] Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a communications antenna or $1,000, whichever is less.

(c) Additional regulations for communications antennas that do not fall under the WBCA. In addition to the regulations enumerated in § 560-29A(12)(a), the following regulations shall apply to communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act or the mandatory-approval provisions of the FCC's October 2014 Order and Report, as amended:

[1] Prohibited on certain structures. Communications antennas shall not be located on any single-family attached dwelling, single-family dwelling or townhome.

[2] Conditional use approval required. Any applicant proposing the construction of a new communications antenna, or a material modification to an existing antenna, shall first obtain conditional use authorization from the Borough Council. New constructions, modifications, and replacements that fall under the WBCA, or the applicable provisions of the FCC's October 2014 Report and Order, shall not be subject to the conditional use process. The conditional use application, and accompanying documentation, shall demonstrate that the proposed facility complies with all applicable provisions in this section of the Borough of Bridgeport Zoning chapter.

[3] Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the communications antenna and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these communications antenna provisions. The applicant and/or owner of the communications antenna shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

[4] Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a communications antenna, as well as inspection, monitoring, and all other related costs.

[5] Development regulations. Communications antennas shall be co-located on existing wireless support structures subject to the following conditions:

[a] The total height of any wireless support structure and mounted communications antenna shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.

[b] In accordance with industry standards, all communications antenna applicants must submit documentation to the Borough justifying the total height of the communications antenna. Documentation shall be analyzed in the context of such justification on an individual basis.

[c] If the applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district, and landscaping shall be required to screen as much of the equipment building as possible. The screening method chosen by the applicant shall comply with the requirements enumerated in the Borough of Bridgeport Zoning Code.

[6] Security fence. A security fence with a maximum height of 10 feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building, or any structure housing related equipment, shall not interfere with the parking or vehicular circulations on the site for the principal use.

[7] Noncommercial usage exemption. Borough residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, radio and/or Internet connections at their respective residences, as well as amateur radio operators, shall be exempt from the regulations enumerated in this section of the Zoning chapter.

[8] Design regulations. Communications antennas shall employ stealth technology or shall be treated to match the wireless support structure to which they are mounted in order to minimize aesthetic impact. The application of the stealth technology/color treatment chosen by the applicant shall be subject to the approval of the Borough.

[9] Inspection. The Borough reserves the right to inspect any communications antenna to ensure compliance with the provisions of this chapter and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a communications antenna is located, upon reasonable notice to the operator, to ensure such compliance.

[10] Insurance. Each person that owns or operates a communications antenna shall provide the Borough with a certificate of insurance, naming the Borough as an additional insured, and 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 communications antenna.

(d) Additional regulations applicable to all communications antennas located in the public rights-of-way ("ROW"). In addition to the regulations enumerated in § 560-29A(12)(a), the following regulations shall apply to communications antennas located in the public rights-of-way:

[1] Co-location. Communications antennas in the ROW shall be co-located on existing infrastructure, such as existing utility poles or light poles. If co-location is not technologically or economically feasible, the applicant, with the Borough's approval, shall locate its communications antennas on existing poles or freestanding structures in the public rights-of-way that do not already act as wireless support structures.

[2] Conditional use approval required. Any applicant proposing the construction of a new communications antenna shall first obtain conditional use authorization from the Borough Council. New constructions, modifications, and replacements that fall under the WBCA or the applicable provisions of the FCC's October 2014 Report and Order shall not be subject to the conditional use process. The conditional use application, and accompanying documentation, shall demonstrate that the proposed facility complies with all applicable provisions in the Borough of Bridgeport Zoning chapter.

[3] Design requirements.

[a] To the extent permitted by state and federal law, communications antenna installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and utility poles, shall consist of equipment components that are no more than six feet in height and that 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] Communications antennas and related equipment shall be treated with stealth technology by the communications antenna owner and/or applicant to match the wireless support structure upon which they are mounted, and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

[4] Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications antennas in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.

[5] Equipment location. Communications antennas and related equipment 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 and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:

[a] Ground-mounted related equipment shall be located between the sidewalk and the curb. For reasons of safety and aesthetics, such equipment shall neither protrude onto the curb, nor obstruct the sidewalk.

[b] Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.

[c] Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.

[d] Graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner.

[e] Any proposed underground vault related to communications antennas shall be reviewed and is subject to approval by the Borough.

[6] Relocation or removal of facilities. Within two months following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, the owner of a communications antenna in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications antenna when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[a] The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

[b] The operations of the Borough or other governmental entity in the ROW;

[c] Vacation of a street or road or the release of a utility easement; or

[d] An emergency as determined by the Borough.

(e) General and specific requirements for all communications towers. The following regulations shall apply to all communications towers, excluding any noncommercial tower that is owned and operated by a federally licensed amateur radio operator.

[1] Standard of care. All communications towers 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 Pennsylvania Uniform Construction Code, American National Standards Institute (ANSI) Code, Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. At all times, communications towers shall be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

[2] Notice. Upon submission of an application for a communications tower and the scheduling of the mandatory public hearing before the Borough Council, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the Borough.

[3] Conditional use authorization required. Communications towers are permitted by conditional use in certain zoning districts, at a height necessary to satisfy their function in the applicant's wireless communications system. No applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The applicant shall demonstrate that the proposed communications tower is the minimum height necessary for its service area.

[a] Prior to the Borough Council's consideration of a conditional use application authorizing the construction and installation of a communications tower, it shall be incumbent upon the applicant for such conditional use approval to prove to the reasonable satisfaction of the Borough Council that the applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, communications antennas, and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The applicant shall further demonstrate that the proposed communications tower 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 communication 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 power in watts at which the applicant transmits, and any relevant related tests conducted by the applicant in determining the need for the proposed site and installation.

[c] The conditional use application shall be accompanied by documentation demonstrating that the proposed communications tower complies with all state and federal laws and regulations concerning aviation safety.

[d] Where the communications tower is located on a property with another principal use, the applicant shall present documentation to the Borough Council that the owner of the property has granted an easement for the proposed communications tower and that vehicular access will be provided to the facility.

[e] The conditional use application shall be accompanied by documentation demonstrating that the proposed communications tower complies with all applicable provisions in this chapter.

[4] Engineer inspection. Prior to the Borough Council's issuance of a permit authorizing construction and erection of a communications tower, a structural engineer registered in Pennsylvania shall issue to the Borough a written certification of the proposed communications tower's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional use proceedings before the Borough Council or, at a minimum, be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.

[5] Visual appearance. All communications towers 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. The Borough Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district and/or surrounding area 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 construction principles, practices and techniques.

[6] Co-location and siting. An application for a new communications tower shall first demonstrate that the proposed communications tower cannot be accommodated on land or structures owned by the Borough of Bridgeport. If such accommodation is not possible, the applicant shall demonstrate that the proposed tower cannot be sited on structures already approved for the placement of wireless facilities. The Borough Council may deny an application to construct a new communications tower if the applicant has not made a good faith effort to mount a communications antenna on an existing structure. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter-mile radius of the site proposed, sought permission to install a communications antenna on those structures, buildings, and towers and was denied for one 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 other existing equipment for that existing building, structure, or tower, and the interference cannot be prevented at a reasonable cost.

[c] Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

[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, any applicant proposing the modification of an existing communications tower, which substantially changes the overall height of such wireless support structure, shall first obtain a building permit from the Borough.

[8] Gap in coverage or capacity. The applicant must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of communications tower being proposed is the least intrusive means by which to fill that gap. The existence or nonexistence of a gap in wireless coverage or capacity shall be a factor in the Borough Council's decision on an application for approval of a communications tower.

[9] Additional communications antennas. The applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate communications antennas on communications towers where technologically and economically feasible. To the extent permissible under federal and state law, the owner of a communications tower shall not install any additional communications antennas without obtaining the prior written approval of the Borough.

[10] Wind. All communications towers shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition 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] Height. In all zoning districts, the maximum height of any communications tower shall be 150 feet. Communications towers in the ROW shall not exceed a height comparable to the average height of utility poles or electrical poles within a two-block radius of the proposed facility, unless the applicant proves to the satisfaction of the Zoning Hearing Board that it cannot infill its gap in coverage or capacity at such height.

[12] Related Equipment. Either one single-story wireless communications equipment building not exceeding 250 square feet in area, or up to five boxes placed on a pad not exceeding 10 feet by 20 feet in area housing related equipment or a base station may be located on the site for each unrelated company sharing space on the communications tower.

[13] Public safety communications and other communications services. No communications tower shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

[14] Maintenance. The following maintenance requirements shall apply:

[a] A communications tower shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[b] Such maintenance shall be performed to ensure the upkeep of the communications tower in order to promote the safety and security of the Borough's residents, and utilize the best available technology for preventing failures and accidents.

[15] Radio frequency emissions. A communications tower shall not, by itself or in conjunction with other communications towers or antennas, generate radio frequency emissions in excess of the standards and regulations of the FCC, 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.

[16] Historic buildings or districts. To the extent permitted by state and federal law, no communications tower may be located upon any property, or on a building or structure, that is listed on either the National or Pennsylvania Register of Historic Places (either inside or outside the public rights-of-way), or that is deemed by the Borough to be of local historic significance.

[17] Signs. All communications towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the communications tower shall be those required by the FCC, or any other federal or state agency.

[18] Lighting. No communications tower shall be artificially lighted, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and the Borough Manager.

[19] Noise. Generators shall be located below grade and suitably soundproofed so that noise volumes measured at all property lines do not exceed levels as outlined in the Zoning Code of the Borough of Bridgeport, or by state law.

[20] Aviation safety. Communications towers shall comply with all federal and state laws and regulations concerning aviation safety.

[21] Retention of experts. The Borough may hire any consultant and/or expert necessary to assist the Borough in reviewing and evaluating the application for approval of the communications tower and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The applicant and/or owner of the communications tower shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

[22] Timing of approval pursuant to FCC regulations, as amended. Within 30 calendar days of the date that an application for a communications tower is filed with the Borough, the Borough shall notify the applicant in writing of any information that may be required to complete such application. All applications for communications towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such communications tower, and the Borough shall advise the applicant in writing of its decision.

[23] Nonconforming uses. Nonconforming communications towers which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former locations, but must otherwise comply with the terms and conditions of this section.

[24] Removal. In the event that use of a communications tower is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned communications towers, or portions of communications towers, shall be removed as follows:

[a] All unused or abandoned communications towers and related equipment shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Borough.

[b] If the communications tower and/or related equipment is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Borough, the communications tower and related equipment may be removed by the Borough and the cost of removal assessed against the owner of the communications tower. As security, the Borough reserves the right to the salvage value of any removed communications tower and/or related equipment, if such communications tower and/or related equipment are not removed by the owner within the time frames enumerated in this chapter.

[c] Any unused portions of communications towers, including antennas, shall be removed within two months of the time of cessation of operations. The Borough must approve all replacements of portions of a communications tower previously removed.

[25] Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a communications tower, as well as related inspection, monitoring, and related costs.

[26] FCC license. Each person that owns or operates a communications tower over 40 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] Insurance. Each person that owns or operates a communications tower greater than 40 feet in height shall provide the Borough with a certificate of insurance naming the Borough as an additional insured, and evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the communications tower. Each person that owns or operates a communications tower 40 feet or less in height shall provide the Borough with a certificate of insurance naming the Borough as an additional insured, and 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 each communications tower.

[28] Indemnification. Each person that owns or operates a communications tower shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the communications tower. Each person that owns or operates a communications tower shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of the communications tower. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

[29] Engineer signature. All plans and drawings for a communications tower shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

[30] Financial security. Prior to receipt of a zoning permit for the construction or placement of a communications tower, the applicant shall provide to the Borough financial security sufficient to guarantee the construction of the communications tower. Said financial security shall remain in place until the communications tower is fully constructed. Should the communications tower be abandoned by the owner and/or operator, and not removed within two months of such abandonment, the Borough shall have the authority to remove the communications tower and sell all of its pieces, as well as related equipment, used in the operation of the communications tower, in order to recover the cost of said removal.

(f) Additional requirements for communications towers located outside the public rights-of-way. In addition to the regulations enumerated in § 560-29A(12)(e), the following regulations shall apply to communications towers located outside the public rights-of-way:

[1] Development regulations.

[a] Communications towers are permitted via conditional use, subject to the prohibitions contained herein, in the MUR Mixed Use Riverfront District.

[b] Sole use on a lot. A communications tower shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum size specifications set forth in the Borough Zoning chapter.

[c] Combined with another use. A communications tower may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

[i] The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the communications tower.

[ii] Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the communications tower and guy wires, the equipment building, security fence, and buffer planting if the proposed communications tower is greater than 40 feet in height.

[iii] Minimum setbacks. The minimum distance between the base of a communications tower and any adjoining property line or street right-of-way line shall be equal to 100% of the height of the communications tower. The underlying lot must be large enough to accommodate related equipment and all other features typically found within the immediate area of a communications tower.

[2] Design regulations.

[a] The communications tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the applicant shall be subject to the approval of the Borough Zoning Hearing Board.

[b] To the extent permissible by law, any height extensions to an existing communications tower shall require prior approval of the Borough.

[c] Any proposed communications tower shall be designed structurally, electrically and, in all respects, to accommodate both the applicant's communications antennas and comparable antennas, for the maximum amount of future users based on the size of the proposed communications tower.

[d] Any communications tower over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.

[3] Surrounding environs.

[a] The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the communications tower shall be preserved to the maximum extent possible.

[b] 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 communications tower, and anchors for guy wires, if used.

[4] Fence/screen.

[a] A security fence with a maximum height of 10 feet shall completely surround any communications tower greater than 40 feet in height, as well as guy wires, or any building housing related equipment.

[b] The base of a communications tower shall be landscaped so as to screen the foundation, base and communications equipment building from abutting properties. Existing vegetation on and around the site shall be preserved to the greatest extent possible. The landscaping and/or screening method chosen by the applicant shall comply with all applicable regulations enumerated in the Borough Zoning chapter.

[5] Related equipment.

[a] Ground-mounted related equipment associated to, or connected with, a communications tower shall be placed underground or screened from public view using stealth technologies or plant screening, as described herein.

[b] All related equipment shall be architecturally designed to blend into the environment in which it is situated and shall meet the minimum setback requirements of the underlying zoning district.

[c] Upon application for a communications tower, information shall be provided, detailing the contents of the proposed equipment building servicing the proposed communications tower. The information shall include, but not be limited to, the type and quantity of oil, gasoline, batteries, propane, natural gas or any other fuel stored within the building. Information shall also be submitted which demonstrates that any hazardous materials stored on site, including but not limited to fuel sources shall be housed to minimize the potential for any adverse impact on adjacent land uses. Materials safety data sheets for any hazardous material stored or utilized in the equipment building shall be submitted to the municipality. The use of fuels and hazardous materials shall also be consistent with any federal, state or municipal requirements regarding the same.

[6] Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to communications towers. The access road shall be a dust-free, all-weather surface for its entire length. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the communications tower owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.

[7] Parking. For each communications tower greater than 40 feet in height, there shall be two off-street parking spaces.

[8] Inspection. The Borough reserves the right to inspect any communications tower to ensure compliance with this chapter and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a communications tower is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(g) Additional requirements for communications towers located within the public ROW. In addition to the regulations enumerated in § 560-29A(12)(e), the following regulations shall apply to communications towers located in the public rights-of-way:

[1] Location and development standards.

[a] Communications towers in the ROW shall not exceed a height comparable to the average height of utility poles or electrical poles within a two-block radius of the proposed facility.

[b] Communications towers shall not be located in the front facade area of any structure.

[c] Communications towers shall be permitted along certain roads by conditional use throughout the Borough, regardless of the underlying zoning district. A listing of such roads is kept on file at the Borough Zoning Office and is adopted via resolution of the Borough Council.

[2] Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications towers in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.

[3] Equipment location. Communications towers and related equipment 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 and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:

[a] Ground-mounted related equipment shall be located between the sidewalk and the curb. For reasons of safety and aesthetics, such equipment shall neither protrude onto the curb, nor obstruct the sidewalk.

[b] Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough Council.

[c] Required electrical meter cabinets shall be screened to blend in with the surrounding area.

[d] Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner.

[e] Any underground vaults related to communications towers shall be reviewed and approved by the Borough Council.

[4] Design regulations.

[a] A communications tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Borough Council.

[b] To the extent permissible under state and federal law, any height extensions to an existing communications tower shall require prior approval of the Borough, and shall not violate the provisions described herein.

[c] A communications tower shall be designed structurally, electrically and, in all respects, to accommodate both the applicant's communications antennas and comparable antennas for the maximum amount of future users based on the size of the proposed communications tower.

[d] The siting and construction of communications towers and related equipment along the Borough's streets and sidewalks shall not impact the Borough's obligations outlined in the Americans with Disabilities Act (ADA),[2] as amended.

[2] Editor's Note: See 42 U.S.C. § 12101 et seq.

[e] The base of a communications tower shall not impede pedestrian walkways or extend into the cartway.

[5] Relocation or removal of facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a communications tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications tower when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[a] The construction, repair, maintenance or installation of any Borough or other public improvement 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 ROW use. In addition to permit fees as described in this section, every communications tower in the ROW is subject to the Borough's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each communications tower shall pay an annual fee to the Borough to compensate the Borough for the Borough's costs incurred in connection with the activities described above.

[1] Editor's Note: This ordinance provided the following regarding police powers: "The Borough, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the Borough under applicable federal, state and local laws and regulations."

(13) Day-care center, child.

(a) See also "Day care: family day-care home or group day care" as an accessory use in § 560-30.

(b) The use shall comply with any applicable state and federal regulations, including having an appropriate Pennsylvania Department of Public Welfare (or its successor agency) registration certificate or license.

(c) Convenient parking spaces within the requirements of Article VI shall be provided for persons delivering and waiting for children.

(d) In residential districts, where permitted as a principal use, a day-care use shall have a minimum lot area of 10,000 square feet and a minimum setback of 10 feet from an abutting residential lot line.

(e) The use shall include secure fencing around outdoor play areas.

(f) Outdoor play areas of a day-care center involving the care of 25 or more children at any one time shall be set back a minimum of 25 feet from the exterior walls of an abutting existing dwelling.

(g) This use shall not be conducted in a dwelling that is physically attached to another dwelling that does not have a common owner.

(h) In residential districts, any permitted day-care use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.

(i) A day-care use may occur in a building that also includes permitted or nonconforming dwelling units.

(j) See also the standards for a "place of worship" in this section, which allows a day-care center as an adjunct use.

(k) The applicant shall prove that the facility will include adequate fencing and proper design of dropoff and pickup areas to provide reasonable safety for children.

(14) Group homes. Group homes are permitted within a lawful dwelling unit, provided the following additional requirements are met:

(a) See definition in § 560-18.

(b) A group home shall not include any use meeting the definition of a "treatment center."

(c) A group home shall include the housing of a maximum of six unrelated persons, except:

[1] If a more restrictive requirement is established by another Borough code;

[2] The number of bona fide paid professional staff shall not count towards such maximum; and

[3] A higher number may be approved by the Zoning Hearing Board under § 560-10D.

(d) The facility shall have adequate trained staff supervision for the number and type of residents. Where Zoning Hearing Board approval or accommodation is required, the Board may require that twenty-four-hour on-site staffing shall be provided, if the Board determines it is necessary.

(e) The applicant shall provide evidence of any applicable federal, state or county licensing or certification to the Zoning Officer.

(f) The group home shall register in writing its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer.

(g) Any medical or counseling services shall be limited to a maximum of three nonresidents per day. Any staff meetings shall be limited to a maximum of five persons at one time.

(h) A minimum of one off-street parking space shall be provided per on-site employee, plus one space for every two residents with a valid driver's license.

(i) If a group home is in a residential district, an appearance shall be maintained that is closely similar to nearby dwellings, and no sign shall identify the use.

(j) The persons living on-site shall function as a common household unit.

(15) Hotel or motel.

(a) See definitions in Article II, which distinguish a hotel/motel from a boardinghouse.

(b) Buildings shall be a minimum of 50 feet from any primarily residential use within a residential district.

(16) Junkyard (includes automobile salvage yard).

(a) Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on site and routinely awaiting pickup.

(b) Outdoor storage of junk shall be at least 100 feet from any residential lot line and 50 feet from any other lot line and the existing right-of-way of any public street.

(c) The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared driveways shall be provided throughout the entire use to allow access by emergency vehicles. Adequate off-street parking areas shall be provided for customers.

(d) Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot-wide buffer yard which complies with § 560-56, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.

(e) Burning or incineration is prohibited.

(f) See the noise or dust regulations of Article V.

(g) All gasoline, antifreeze and oil shall be drained from all vehicles and properly disposed of. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious and properly drained surface.

(h) Lot area: two acres minimum; 20 acres maximum.

(i) Tires: see the "Outdoor storage and display" standards in § 560-30.

(17) Kennel.

(a) All buildings in which animals are housed and all runs shall be located at least 200 feet from all residential lot lines.

(b) Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent principal building.

(c) No animal shall be permitted to use outdoor runs from 8:00 p.m. to 8:00 a.m. that are within 250 feet of an existing dwelling. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking.

(18) Livestock, raising of.

(a) Any livestock shall be kept on property controlled by the operator of the livestock use, with proper confinement measures as necessary.

(b) Any structure, other than the inside of a dwelling, used for the keeping of six or more animals over the age of four months shall be set back a minimum of 100 feet from the lot line of any existing dwelling.

(c) The applicant shall submit a written plan for the sanitary management of animal wastes. Animal wastes shall be properly managed to prevent health hazards, pollution of waterways and odor, insect and rodent nuisances to other properties.

(19) Mineral extraction.

(a) Application requirements: A copy of all site plan information that will be required by the PA DEP shall also be submitted to the Borough as part of the zoning application.

(b) A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted.

(c) After areas are used for mineral extraction, those areas shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting some productive or beneficial future use.

(d) A seventy-five-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 250 feet of an area of excavation. This yard shall include an earth berm with a minimum average height of six feet and an average of one shade tree for each 50 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence.

(e) The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not part of the mineral extraction use:

[1] One hundred feet from the existing right-of-way of public streets and from all exterior lot lines of the property;

[2] One-hundred-fifty feet from a commercial or industrial building, unless released by the owner thereof;

[3] Two-hundred-fifty feet from a residential lot line, other than an abandoned dwelling; and

[4] One-hundred-fifty feet from the lot line of a publicly owned recreation area that existed at time of the application for the use or expansion.

(f) The excavated area of a mineral extraction use shall be set back 150 feet from the average waterline of a perennial stream or the edge of a natural wetland of more than two acres.

(g) Truck access to the use shall be located to reasonably minimize hazards on public streets and dust and noise nuisances to residences.

(h) Fencing: The Zoning Hearing Board may require secure fencing in locations where needed to protect public safety. As an alternative, the Zoning Hearing Board may approve the use of thorny vegetation to discourage public access. Also, warning signs shall be placed at intervals of not less than 100 feet around the outer edge of the use.

(i) Noise and performance standards: See Article V.

(j) County Conservation District: A soil erosion and sedimentation plan shall be prepared by the applicant and found to be acceptable to the County Conservation District.

(k) Hours of operation: The Zoning Hearing Board, as a condition of special exception approval, may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.

(l) The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents.

(20) Membership club.

(a) See definition in Article II.

(b) Any active outdoor play areas shall be set back at least 30 feet from any abutting residential lot line.

(21) Mobile/manufactured home installed on an individual lot or within a mobile/manufactured home park approved after the adoption of this chapter.

(a) Construction: Any mobile/manufactured home placed on any lot after the adoption of this chapter shall be constructed in accordance with 1976 or later Safety and Construction Standards of the U.S. Department of Housing and Urban Development. (Note: These federal standards supersede any BOCA Code for the actual construction of the home itself.)

(b) Each site shall be graded to provide a stable and well-drained area.

(c) Each home shall have hitch and wheels removed.

(d) Anchoring: A mobile/manufactured home on an individual lot or mobile/manufactured home park shall include a system that secures the home to the ground to prevent shifting, overturning or uneven settling of the home, with a secure base for the tie-downs.

(e) Foundation treatment: The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable material that has the appearance of a foundation of a site-built home, such as material with a concrete-type facing. This Subsection A(21)(e) shall not apply within a manufactured/mobile home park. Metal skirting shall only be permitted within a manufactured/mobile home park. Provisions shall be provided as necessary for access to utility connections.

(f) The front door of the home shall face onto a public street.

(g) The home shall have a roof with a minimum pitch of 3.5:1.

(22) Nursing home.

(a) Licensing: See definition in Article II.

(b) A minimum of 20% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.

(23) Outdoor storage and display. The "Outdoor storage and display" provisions in § 560-30 shall apply, regardless of whether it is a principal or accessory use.

(24) Picnic grove, private.

(a) All parking and activity areas shall be a minimum of 250 feet from an existing primarily residential use. The use shall not operate between the hours of 11:00 p.m. and 7:00 a.m.

(b) See noise and glare standards in Article V.

(c) Minimum lot area: two acres.

(25) Place of worship.

(a) Minimum lot area: 20,000 square feet, outside of the NC, GC and INR Districts.

(b) Weekly religious education rooms and meeting rooms are permitted accessory uses, provided that such uses are of such a character and intensity that they would be clearly customary and incidental to the place of worship. A primary or secondary school and/or a child or adult day-care center are permitted on the same lot as a place of worship, provided that the requirements for such uses are also met. Noncommercial buses used primarily to transport persons to and from religious services or a permitted school on the lot may be parked on the lot. Other uses shall only be permitted if all of the requirements for such uses are also met, including being permitted in the applicable district.

(c) Two dwelling units may be accessory to a place of worship on the same lot, provided that they are only used to house full-time religious leaders and their families.

(26) Recreation, outdoor.

(a) Any outdoor activity area shall be located no closer to any lot line than the required front yard depth and shall be screened and, if necessary, sound insulation shall be provided to protect the neighborhood from any possible noise.

(b) A twenty-foot-wide buffer yard in accordance with § 560-56 shall be required.

(c) Any swimming pool shall meet the requirements for such use, as stated in this article.

(d) Lighting, noise and glare control: See Article V.

(27) Recycling collection center.

(a) This use shall not be bound by the requirements of a solid waste disposal facility.

(b) All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.

(c) Adequate provision shall be made for movement of trucks if needed and for off-street parking.

(d) A twenty-foot-wide buffer yard with screening as described in § 560-56 shall be provided between this use and any abutting residential lot line.

(e) This use may be a principal or accessory use, including being an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a Borough-owned use, subject to the limitations of this section.

(f) Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum and glass. No garbage shall be stored as part of the use, except for that generated on site and that accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on site.

(g) The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or landfilling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard.

(h) The use shall not include the collection or processing of pieces of metal that have a weight greater than 50 pounds, except within an industrial district.

(i) The use shall include the storage of a maximum of 50 tons of materials on the site if the use is within a residential district and within 500 feet of an existing dwelling.

(28) Restaurant.

(a) Screening of dumpster and waste containers: See § 560-59.

(b) See "drive-through" service in § 560-30.

(c) Drive-through service shall only be provided where specifically permitted in the applicable district regulations.

(29) School, public or private, primary or secondary.

(a) Minimum lot area: 35,000 square feet, except two acres if 150 or more students.

(b) No children's play equipment, basketball courts or illuminated recreation facilities shall be within 25 feet of a residential lot line.

(c) The use shall not include a dormitory unless specifically permitted in the district.

(30) Self-storage development.

(a) All storage units shall be of fire-resistant construction.

(b) Outdoor storage shall be limited to recreational vehicles, boats and trailers. No junk vehicles shall be stored within view of a public street or a dwelling.

(c) Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items shall not be stored.

(d) Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or accessways.

(e) The use shall not include a commercial auto repair garage unless that use is permitted in the district and the use meets those requirements.

(f) Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.

(g) See § 560-56 concerning buffer yards. In addition, any areas within 200 feet of a street right-of-way shall be screened from that street by a buffer yard meeting § 560-56.

(h) Minimum separation between buildings: 20 feet.

(31) Solid waste transfer facility or solid waste-to-energy facility.

(a) All solid waste processing and storage shall be kept a minimum of 150 feet from all of the following features: public street right-of-way, exterior lot line or creek or river.

(b) All solid waste processing and storage shall be kept a minimum of 300 feet from any dwelling that the operator of the facility does not own.

(c) The applicant shall prove to the Zoning Hearing Board that the use will have adequate access for fire-fighting purposes, and will not routinely create noxious odors detectable off of the site.

(d) The use shall not include any waste incineration or burning, except for state-approved indoor incineration.

(e) All solid waste processing and storage shall occur within enclosed buildings or enclosed containers. All unloading and loading of solid waste shall occur within an enclosed building and over an impervious surface that drains to a holding tank that is adequately treated.

(f) The use shall be surrounded by a secure fence and gates with a minimum height of eight feet.

(g) The use shall have a minimum lot area of five acres, which may include land extending into another municipality.

(h) The use shall be operated in a manner that prevents the attraction, harborage or breeding of insects, rodents or other vectors.

(i) An attendant shall be on duty during all times of operation and unloading.

(j) Under the authority of Act 101 of 1988, the hours of operation shall be limited to between 8:00 a.m. and 6:00 p.m., and no solid waste operations shall occur on Saturday and Sunday.

(k) Tires: See "Outdoor storage" in § 560-30.

(l) No radioactive, chemotherapeutic, infectious or toxic materials shall be permitted on site.

(m) No exterior storage of trash dumpsters, receptacles, containers or trash vehicles shall be permitted, regardless of whether such are filled or empty.

(n) No storage of processed or raw waste shall be permitted for a period in excess of 48 hours.

(o) All vehicles delivering or removing materials shall be completely enclosed or covered when arriving at or departing from the facility.

(p) Trucks and trailers delivering solid waste to the facility or removing materials from the facility or returning after a delivery shall not utilize Borough-owned streets or alleys.

(32) Swimming pool, nonhousehold.

(a) The water surface shall be set back at least 50 feet from any existing dwelling.

(b) Minimum lot area: one acre.

(c) Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by a buffer yard meeting § 560-56.

(d) The water surface shall be surrounded by a secure, well-maintained fence at least six feet in height.

(e) Drainage: A proper method shall be provided for drainage of the water from the pool that will not flood other property.

(33) Target range.

(a) All target ranges shall have a barrier behind the target area which is of sufficient height and thickness to adequately protect the public safety. This barrier shall be made of earth for an outdoor firearms range.

(b) The design of the outdoor firearms target range shall be compared by the applicant with any applicable published guidelines of the National Rifle Association.

(c) An outdoor firearms target range and any firing stations shall be located a minimum of 250 feet from any residential lot line, unless all firing would occur within a completely enclosed sound-resistant building. Clay pigeon shooting shall be directed away from homes and streets.

(d) An outdoor firearms target range shall be properly posted.

(e) The applicant shall provide evidence that the noise limits of Article V will be met.

(f) An indoor firearms target range shall be adequately ventilated and/or air conditioned to allow the building to remain completely enclosed.

(34) Townhouses/row houses and apartments.

(a) Maximum number of townhouses attached in any manner: eight.

(b) Paved area setback: All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, shall be set back a minimum of 10 feet from any dwelling.

(c) Garages: See Article IX of the Subdivision and Land Development Ordinance.[3]

[3] Editor's Note: See Ch. 495, Subdivision and Land Development.

(d) Mailboxes: Any mailboxes provided within the street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of noncoordinated types at the curbside are specifically discouraged.

(e) Access: Vehicular accesspoints onto all arterial and collector streets shall be minimized to the lowest reasonable number. No townhouse dwelling within a tract of five or more dwelling units shall have its own driveway entering onto an arterial or collector street.

(35) Treatment centers.

(a) See definition in § 560-18.

(b) The applicant shall provide a written description of all types of persons intended to occupy the use during the life the permit. Any future additions to this list shall require an additional special exception approval.

(c) The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will involve adequate on-site supervision and security measures to protect public safety.

(d) The Zoning Hearing Board may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.

(e) If the use involves five or more residents, a suitable on-lot outdoor recreation area shall be provided that is supervised by the center's staff.

(f) The Zoning Hearing Board may require twenty-four-hour on-site staff supervision.

(36) Veterinarian office (includes animal hospital).

(a) Minimum lot area: 15,000 square feet.

(b) Any structure in which animals are treated or housed shall be a minimum of 50 feet from any residential lot line. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be perceived within any adjacent dwellings.

(c) Outdoor animal runs may be provided for small animals for use between 8:00 a.m. and 8:00 p.m., provided the runs are at least 150 feet from any existing dwelling and provided that the runs for dogs are separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking.

(d) Although animals may be kept as an accessory use, a commercial kennel shall only be allowed if a kennel is permitted in that district and if the applicable requirements are met.

(37) Medical Marijuana Dispensary. A medical marijuana dispensary shall be a conditional use in the zoning district(s) specifically defined in Table 560-24 (Nonresidential Zoning Districts)[4] of this chapter subject to the following express standards and criteria:

[Added 3-21-2017 by Ord. No. 2017-003, approved 3-21-2017]

(a) The facility shall hold a valid permit from the DOH to dispense medical marijuana. A copy of such valid permit and all appropriate documentation shall be submitted to the Borough.

(b) The facility shall comply with the requirements for a dispensary under the Medical Marijuana Act and any applicable state regulations promulgated thereunder. Proof of such compliance shall be provided to the Borough.

[4] Editor's Note: Said table is included as an attachment to this chapter.

(38) Medical Marijuana Grower/Processor. A medical marijuana grower/processer shall be a conditional use in the zoning district(s) specifically defined in Table 560-24 (Nonresidential Zoning Districts)[5] of this chapter subject to the following express standards and criteria:

[Added 3-21-2017 by Ord. No. 2017-003, approved 3-21-2017]

(a) The facility shall hold a valid permit from the DOH to grow and process medical marijuana. A copy of such valid permit and all appropriate documentation shall be submitted to the Borough.

(b) The facility shall comply with the requirements for a grower/processer under the Medical Marijuana Act and any applicable state regulations promulgated thereunder. Proof of such compliance shall be provided to the Borough.

[5] Editor's Note: Said table is included as an attachment to this chapter.

§ 560-30 Additional requirements for accessory uses.

A. General: Accessory buildings, structures or uses that are clearly customary and incidental to a permitted by right, special exception or conditional use are permitted by right, except as is provided for in this chapter. A business shall only be conducted as an accessory to a dwelling if specifically permitted by this chapter.

B. Accessory setbacks: The accessory setback requirements of the applicable district shall apply to every accessory building, structure or use unless a standard that is clearly meant to be more restrictive or less restrictive is specifically stated in this article for a particular accessory use. Accessory structure setback requirements shall not apply to permitted surface parking lots, fences or permitted accessory signs.

C. Front yard setback: No accessory structure, use or building shall be permitted in a required front yard in any district, unless specifically permitted by this chapter.

D. Special standards. Each accessory use shall comply with all of the following standards listed for that use:

(1) Antenna, standard (includes amateur radio antenna).

(a) Height: No standard antenna, including its supporting structure, shall have a total height above the average surrounding ground level of greater than 65 feet.

(b) Anchoring: An antenna shall be properly anchored to resist high winds.

(2) Bees, keeping of.

(a) Facilities for the keeping of bees shall be set back a minimum of 40 feet from any lot line and shall be fenced if within 100 feet of a lot line. Signs shall be erected as necessary to warn persons of the presence of bees.

(b) The bee facilities shall be located and managed in such a manner as to minimize the potential of the bees entering streets, sidewalks or unauthorized properties.

(3) Day care, child (as accessory to a dwelling).

(a) See § 560-24 and the definitions in § 560-18 concerning the number of children who can be cared for in different zoning districts in a family day-care home or a group day-care home.

(b) In any case, seven or more children (other than children who are "related" to the primary caregiver) shall only be cared for at one time within a single-family detached dwelling with a minimum lot area of 10,000 square feet and a ten-foot minimum setback from all existing dwellings on another lot(s). Four to six children, in addition to children who are related to the primary caregiver, shall only be cared for at one time within a dwelling that is not attached to another dwelling. The care of fewer numbers of children may occur within any lawful dwelling unit.

(c) The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic improvements.

(d) Any day-care center involving seven or more children shall be considered a principal use and meet the standards of § 560-29 for such use, if permitted.

(e) The use shall be actively operated by a permanent resident of the dwelling.

(f) If four to six children who are not related to a permanent resident of the dwelling are cared for, then a minimum of 200 square feet of safe exterior play area shall be available.

(g) See also "day-care center" as a principal use in § 560-29 and "day care as accessory to a place of worship" in § 560-24B.

(h) The use shall comply with any applicable state and federal regulations, including having an appropriate State Department of Public Welfare (or its successor agency) registration certificate or license if required by such agency.

(i) The use shall include a secure fence around any outdoor areas abutting streets that are routinely used for outdoor play.

(4) Drive-through facilities.

(a) The proposed traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.

(b) On-lot traffic circulation shall be clearly marked.

(c) A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site. Any drive-through facilities shall be designed to minimize conflicts with pedestrian traffic.

(5) Fences and walls and berms.

(a) Fences, walls and earth berms are permitted by right in all districts. Any fence or wall shall be durably constructed and well-maintained. Any earth berm shall be landscaped. Fences or walls that have deteriorated shall be replaced or removed.

(b) No fence, wall or hedge shall obstruct the sight requirements of the Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See § 495-69, Sight clearance at intersections, in the Subdivision and Land Development Chapter.

(c) Fences.

[1] Front yard: Any fence located in the required front yard of a lot in a residential or NC District shall:

[a] Be an open-type of fence (such as picket or split rail) with a minimum ratio of 1:1 of open-to-structural areas;

[b] Not exceed five feet in height; and

[c] Be constructed entirely of wood (plus any required fasteners and any wire mesh attached on the inside of the fence), or wrought iron or other material that closely resembles wood or wrought iron.

[2] On a corner lot, a fence or wall shall meet the same requirements along both streets as would apply within a front yard. A fence shall not be required to comply with minimum setbacks for accessory structures.

[3] Height. A maximum height of 12 feet shall apply to a fence that is not within a residential district, except in the required front yard of the NC District. A fence in a residential district (except within a required front yard) shall have a maximum height of 6.5 feet, except:

[a] A maximum of height of 12 feet shall be permitted around an electric substation and similar hazardous facilities.

[4] Setbacks: No fence shall be built within an existing street right-of-way, except that the Borough may permit a fence to intrude up to five feet into a Borough right-of-way if the owner enters into a legally binding agreement that requires the fence to be moved out of the right-of-way if deemed necessary by the Borough in the future. A fence of a dwelling may be constructed without a setback from a lot line in a residential district.

[5] Fence materials: Barbed wire and electrically charged fences shall not be used around dwellings. Electrically charged fences shall need special exception approval. No fence or wall shall be constructed out of fabric, junk, junk vehicles, appliances, tanks or barrels.

(d) Walls.

[1] Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section and are permitted by right as needed in all districts, with approval of the Borough under the Building Code.

[2] No wall of greater than three feet in height shall be located in the required front yard in a residential district, except as a backing for a permitted sign as permitted in § 560-46.

[3] A wall in a residential district outside of a required front yard shall have a maximum height of three feet if it is within the minimum accessory structure setback and six feet if it is not.

[4] Walls that are attached to a building shall be regulated as a part of that building.

(6) Garage sale.

(a) See definition in Article II. A garage sale shall not include wholesale sales nor sale of new merchandise of a type typically found in retail stores.

(b) If accessory to a dwelling, no garage sales as an accessory to a dwelling shall be held on a lot during more than four days total in any six consecutive months.

(c) The use shall be clearly accessory to the principal use.

(7) Home occupations. (See definitions in § 560-18, including distinction between general and light home occupations.)

(a) All home occupations shall meet the following requirements:

[1] The use shall be conducted primarily by a permanent resident of the dwelling and involve a maximum of one person working on site at any one time who does not reside within the dwelling. A maximum of one nonresident employee shall visit the property on a daily basis or operate a vehicle based at the property.

[2] The use shall be conducted indoors. No outdoor storage or display related to the home occupation shall be permitted. No changes shall occur to the exterior of a building that would reduce its residential appearance as viewed from a street.

[3] The use shall occupy an area that is not greater than 25% of the total floor area of the principal dwelling unit. The use shall clearly be secondary to the residential use.

[4] One off-street parking space shall be required per nonresident employee. In addition, for a general home occupation, the Zoning Hearing Board shall require additional off-street parking if the Board determines it is necessary for customer parking.

[5] The use shall not require delivery by tractor-trailer trucks.

[6] A maximum of one truck related to the home occupation shall be parked overnight on the lot or on an adjacent street. Such truck shall not exceed 12,000 pounds aggregate gross vehicle weight. No excavating equipment shall be permitted to be parked overnight on the lot or on an adjacent street. See the separate Borough ordinance regulating truck parking.

[7] No equipment or machinery shall be permitted that produces noise, noxious odor, vibration, glare, electrical or electronic interference detectable on another property. The use shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and amounts typically found on a residential property. The use shall not involve the storage or use of toxic or highly hazardous substances.

[8] A home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 9:00 p.m. and 7:30 a.m.

[9] Any tutoring or instruction shall be limited to a maximum of two students at a time.

[10] A barber or beauty shop shall not include any nonresident employees.

[11] The main office of a medical doctor, chiropractor or dentist shall need special exception approval as a general home occupation. The Zoning Hearing Board may require additional off-street parking for such use.

[12] A general home occupation may include one two-square-foot nonilluminated sign as permitted by Article VII. A light home occupation shall not include any sign.

[13] The Zoning Hearing Board shall deny a general home occupation application or limit its intensity through conditions, if the Board determines the use would be too intense for the proposed location. In making such determination, the Board shall review the likely amounts of traffic, the types of operations involved and related nuisances, the amount of off-street and on-street parking that is available, the density of the neighborhood, whether the use would be adjacent to another dwelling, and setbacks from other dwellings.

[a] The Zoning Hearing Board may also permit up to three nonresident employees as a special exception if the Board, after considering the above criteria, determines that the property is especially well-suited to a more intense use.

[14] The use shall not involve manufacturing, other than of custom crafts and sewing. The use shall not involve commercial repair of motor vehicles.

[15] The use may include sales using telephone, mail order or electronic methods. On-site retail sales shall only be permitted within a general home occupation and if specifically approved as part of a special exception approval. Such retail sales shall be limited to sales that are clearly accessory to an approved barbershop or similar on-site service.

[16] If more than one home occupation is accessory to a dwelling, the total aggregate impact of the home occupations shall be considered in determining compliance with this chapter.

[17] A zoning permit shall be required for any home occupation.

(b) In addition to the requirements listed in Subsection D(7)(a) above, the following additional requirements shall apply to a light home occupation:

[1] The use shall not involve customers or more than one nonresident employee at a time routinely visiting the home occupation.

[2] The use shall not involve any signs visible from the exterior of the lot.

[3] The use shall only involve the following activities:

[a] Work routinely conducted within an office;

[b] Custom sewing and fabric and basket crafts;

[c] Cooking and baking for off-site sales and use;

[d] Creation of visual arts (such as painting or wood carving);

[e] Repairs to and assembly of computers and computer peripherals; and

[f] A construction tradesperson, provided that a maximum of one nonresident shall routinely operate from the lot.

[4] On-site retail sales shall be prohibited.

(8) Outdoor storage and display: commercial or industrial as a principal or accessory use.

(a) Location: Outdoor storage or display shall not occupy any part of any of the existing or future street right-of-way, sidewalk or other area intended or designed for pedestrian use or required parking area.

(b) No such storage or display shall occur on areas with a slope in excess of 25% or within the one-hundred-year floodway.

(c) Screening: See § 560-56.

(d) Any storage of more than 150 used tires shall only be permitted as part of a Borough-approved junkyard. Any storage of used tires shall involve stacks with a maximum height of 15 feet, that cover a maximum of 400 square feet. Each stack shall be separated from other stacks from all lot lines by a minimum of 75 feet.

(9) Pets, keeping of.

(a) This is a permitted by right accessory use in all districts.

(b) No use shall involve the keeping of animals or fowl in such a manner or of such types of animals that it creates a serious nuisance (including noise or odor), a health hazard or a public safety hazard. The owner of the animals shall be responsible for collecting and properly disposing of all fecal matter from pets. No dangerous animals shall be kept outdoors in a residential district, except within a secure, completely enclosed cage or fenced area of sufficient height or on a leash under full control of the owner.

(c) A maximum combined total of five dogs and cats shall be permitted to be kept by residents of each dwelling unit.

[1] Such limits shall only apply to dogs or cats over four months in age.

[2] Any greater number of dogs and/or cats shall need approval as a kennel.

(d) The keeping of one or two total pigeons (except as may be preempted by the State Carrier Pigeon Law), chickens, ducks, geese and/or similar fowl shall be permitted on a lot with a minimum lot area of 10,000 square feet.

(e) Animals shall be permitted, provided they do not create unsanitary conditions or noxious odors for neighbors.

(f) A minimum lot area of two acres shall be required for the keeping of horses.

(g) Only those pets that are domesticated and are compatible with a residential character shall be permitted as "keeping of pets." Examples of permitted pets include dogs, cats, rabbits, gerbils and lizards, but do not include bears, goats, wolves, wolf-dog hybrids, cows, hogs, sheep or venomous snakes that could be toxic to humans.

(h) It shall be unlawful on a residential property to maintain any "exotic wildlife" as defined by the Pennsylvania Game and Wildlife Code, whether or not an exotic wildlife possession permit has been issued.

(10) Residential accessory structure or use (see definition in Article II).

(a) Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 560-25A, unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard nor within any yard required to be equal in width to a front yard along a street on a corner lot.

(b) Accessory buildings in a residential district shall meet the following requirements:

[1] Maximum total floor area of all accessory buildings: 1,000 square feet.

[2] Maximum of two accessory buildings per lot.

(c) Height: See § 560-25B.

(d) Parking of commercial vehicles and trucks. The parking of commercial vehicles is prohibited on a principally residential lot in a residential district, except for one of the following, provided that such vehicles are needed by residents of the dwelling to travel to and from work:

[1] The parking of a maximum of two vehicles, each of up to 12,000 pounds aggregate gross vehicle weight; or

[2] The parking of one vehicle with an aggregate gross vehicle weight of over 12,000 pounds aggregate gross vehicle weight, provided such vehicle is kept a minimum of 30 feet from any dwelling on another lot.

(e) Repairs: No maintenance or repair of either of the following shall occur on a principally residential lot:

[1] Trucks with an aggregate gross vehicle weight of over 15,000 pounds; or

[2] Vehicles not owned or leased by a resident of the lot or his/her relative.

(f) See setback exceptions in § 560-56B.

(11) Swimming pool, household (referred to hereafter as "pool").

(a) Enclosure around in-ground pools: An new or existing in-ground pool shall be completely surrounded by a secure fence, wall, building or other suitable enclosure not less than four feet in height. This enclosure shall be constructed to make it very difficult for small children to climb up or slip through it. All gates or door openings through such enclosure (other than a door to a building) shall be self-closing and include a self-latching device on the pool side for keeping the gate or door securely closed during times it is not in use.

(b) Enclosure around aboveground pool: Any existing or new aboveground pool shall include a secure fence, wall, building or other suitable enclosure a minimum of four feet high above the surrounding average ground level. This enclosure may include the walls of the pool itself. Any access ladder shall be able to be raised and locked so that it is a minimum of four feet above the surrounding ground level or otherwise inaccessible to small children when the pool is unattended.

(c) Location: Any pool deck or shelter that is elevated above the average surrounding ground level and the water surface of any pool shall be set back a minimum of five feet from any lot line. Patios around pools that are level with the average surrounding ground level are not required to be set back from lot lines. A pool is not permitted within a required front yard. A pool shall meet the requirements of any water or sewer easement.

(d) Drainage: A proper method shall be provided for drainage of the water from the pool that will not flood other property.

(e) The Borough does not assume responsibility for guaranteeing to the public that all new and existing pools fully comply with these provisions.

(12) Telephones or vending machines.

(a) No outdoor pay telephone and no outdoor coin-operated vending machine shall be placed anywhere within a public street right-of-way, except for newspaper/periodical vending machines. A newspaper/periodical vending machine shall only be permitted within a public street right-of-way if a four-foot-wide pedestrian path is unobstructed and if any requirements of any Borough sidewalk ordinance are met.

(b) No pay telephone and no coin-operated vending machine shall be permitted outdoors as accessory to a dwelling, parking lot or a vacant lot.

(13) Unit for care of relative.

(a) The use shall meet the definition in § 560-18.

(b) The accessory unit shall be occupied by a maximum of two persons, who shall be close relatives of the permanent residents of the principal dwelling unit. At least one resident of the accessory unit shall need such accommodations because of an illness, old age or disability.

(c) The applicant shall prove to the Zoning Hearing Board that the accessory unit has been designed and constructed so that it can be easily reconverted into part of the principal dwelling unit after the relative no longer resides within the unit. Such accessory unit may be converted into an additional bedroom(s), permitted home occupation area or similar use. A lawful detached garage may be converted into a unit for care of relative and then be reconverted to a garage or permitted home occupation area. A new freestanding building shall not be constructed or placed for this use.

(d) The applicant shall file in the Recorder of Deeds' office a covenant running with the land that will prohibit the use of the accessory unit as a separate dwelling unit after the relative no longer resides within the unit. Such covenant shall also be binding upon future owners.

(e) The owner of the property shall be required to annually renew the permit for the use. Such renewal shall be conditioned upon the owner proving that a relative of the occupants of the principal dwelling unit continues to reside within the accessory unit.

(f) Such accessory unit shall not decrease the one-family residential appearance of a one-family dwelling, as viewed from exterior property lines.

(g) Additional parking for the accessory unit may be waived by the Zoning Hearing Board as part of the special exception approval if the applicant proves that the resident(s) of the accessory unit will not routinely operate a vehicle.

(14) Outdoor dining.

[Added 9-23-2014 by Ord. No. 2014-005, approved 9-23-2014]

(a) Outdoor dining shall be permitted as an accessory use on the same premises as a licensed food establishment (restaurant) that has indoor seating. To ensure quality standards for customers and food safety, the following provisions shall apply:

[1] All outdoor dining areas shall be subject to compliance with all applicable health, building, accessibility, fire, and plumbing codes of Borough of Bridgeport.

[2] Areas for outdoor dining shall not interfere with any means of ingress or egress to a building, or with any emergency or safety exits. Where the dining area extends into a public sidewalk or right-of-way, the following shall apply: A minimum sidewalk width, exclusive of the outdoor dining area, of 48 inches shall be maintained free and clear at all times for pedestrians (unless a greater width is required by the building and/or accessibility codes). Such area shall not include the outdoor dining area and shall be free of surface obstacles and obstructions (i.e., hydrants, streetlights, parking meters, and street trees).

[3] Pedestrian barriers. Outdoor dining areas that serve alcohol must be enclosed and separated from the pedestrian or travel way to allow for the privacy of the dining patron and to permit the unimpeded flow of traffic. Outdoor dining areas that do not serve alcohol may be enclosed and separated from the pedestrian or travel way to allow for the privacy of the dining patron and to permit the unimpeded flow of traffic. When the dining area is located within the interior of the property, enclosures may consist of a wall or fence, approved by the Borough. The following minimum standards shall apply if the establishment chooses to use a barrier:

[a] Pedestrian barriers shall have sufficient weight to prevent them from being tipped or knocked over.

[b] If the pedestrian barrier is to be permanent, the method of attachment shall be subject to approval by the Borough. No barrier shall be permanently attached to a public sidewalk or an area located within the right-of-way.

[c] Pedestrian barriers shall be at least 36 inches high to prevent a tripping hazard unless more restrictive requirements are required by other municipal codes.

[d] Where pedestrian access to an outdoor dining area is not through a food establishment, the required opening shall not be less than 44 inches in width unless a greater width is required by other municipal codes.

[e] Pedestrian barriers shall be made of durable wood or durable metal, such as wrought iron.

[f] Pedestrian barriers shall not have legs or supports that protrude into a sidewalk more than two inches.

[g] Prohibited barriers.

[i] Fabric inserts (whether natural or synthetic fabric) of any size shall not be permitted to be used as part of a barrier.

[ii] The use of chain link, cyclone fencing, chicken wire or similar appurtenances is prohibited. Materials not specifically manufactured for fencing or pedestrian control (including but not limited to buckets, food containers, tires, tree stumps, vehicle parts, pallets, etc.) and not expressly permitted elsewhere in these guidelines shall not be used as components of a barrier.

[iii] Flower pots, planters, and other ornamental containers.

[4] Furniture. To ensure outdoor dining in a quality environment, furniture shall be limited to the following materials:

[a] Iron, cast: low-carbon iron, hand- or machine-cast parts, stainless steel connectors, hand ground to a smooth finish.

[b] Iron, wrought: heavy-gauge, low-carbon, welded and finished with a hard abrasive paint.

[c] Steel, expanded: minimum of thirteen-gauge cold-rolled steel, low-carbon, welded and finished with a hard abrasive paint.

[d] Steel, wire: thirteen-/fourteen-gauge cold-welded, smooth ground joints, and abrasive-resistant finish.

[e] Aluminum, cast.

[f] Aluminum, extruded.

[g] Wood, frame.

[h] Wood, wicker.

[i] The use of plastic furniture to satisfy the requirements of this subsection shall be prohibited unless the plastic material is durable and of sufficient weight such that the furniture cannot blow away from wind and storms.

[j] The use of tarps or similar coverings to cover the furniture when not in use shall be prohibited.

[5] Roof coverings. All outdoor dining areas shall have an approved umbrella, awning, or roof material available for patrons. The following shall apply:

[a] No third-party advertising shall be permitted.

[b] Flame-resistant material shall be used.

[c] If awnings are used, they shall be a minimum of six feet eight inches in height above the sidewalk or patio surface.

[d] If umbrellas are used, they shall be a minimum of six feet eight inches in height above the sidewalk or patio surface and adequately weighted with a minimum base of not less than 60 pounds.

[e] Tents shall not be permitted over an outdoor dining area.

[6] Signs. No signs advertising outdoor dining shall be permitted unless approved pursuant to this chapter.

[7] Parking. In addition to the parking requirements for the principal restaurant use, outdoor dining shall provide additional parking in accordance with the following:

	Number of Outdoor Seats	Required Number of Parking Spaces
	1 to 12	None
	13 to 24	1 space per 6 seats after the first 12 seats
	25 to 40	1 space per 4 seats after the first 24 seats

[8] The number of outdoor dining seats shall be limited to a maximum of 25% of the total number of indoor seats in the associated principal restaurant use. However, at no point shall more than 40 outdoor dining seats be provided at any one restaurant.

[9] Outdoor dining shall be permitted between April 1 and November 30. Hours of operation shall be from 8:00 a.m. to 10:00 p.m. (Sunday through Thursday) and 8:00 a.m. to 11:00 p.m. (Friday and Saturday). All seating of patrons shall provide for the dining area to close at the required hour.

[10] Setbacks.

[a] Outdoor dining shall be permitted in the front, side, and rear yards of the property upon which the principal restaurant is located.

[b] No outdoor dining area shall be established within 75 feet of the property line of a single-family or two-family detached or semidetached dwelling unit located completely or partially within a residential zoning district.

[c] Outdoor dining areas shall not be permitted to the rear or on either side of a principal restaurant building when said building is immediately adjacent to an existing single-family or two-family detached or semidetached dwelling unit or residentially zoned district. However, the outdoor dining area can be located to the rear or side of the principal restaurant building when the outdoor dining area is more than 250 feet from the property line of the immediately adjacent single-family or two-family detached or semidetached dwelling unit or residentially zoned district.

[d] For the purposes of this Subsection D(14)(a)[10], the setbacks and requirements set forth in Subsection D(14)(a)[10][b] and [c] above shall not apply to any properties, dwelling units, or residential zoning districts separated from the accessory outdoor dining use by a public road. For the purposes of this subsection, paper alleys and alleys shall not be considered public roads.

[11] Outdoor dining areas shall be located on a permanent surface. Temporary flooring shall not be used.

[12] Exterior heating systems. When heaters are used in an outdoor dining area, the following shall apply:

[a] The use of outdoor heaters shall be in compliance with the International Fire Code, as amended.

[b] Heaters shall not be located on a public sidewalk or within a public right-of-way.

[c] Heaters shall not be located closer than 10 feet to a means of ingress/egress into and/or out of a building or into and/or out of an outdoor dining area.

[d] When heaters are located in outdoor dining areas, the owner/operator of the restaurant shall provide a plan for fire protection in accordance with applicable codes. Said plan shall be approved by the Borough's Code Officials.

[e] Where applicable, heaters shall be securely fastened to a wall or the floor of the outdoor dining area to prevent the heater from accidentally tipping over. Said fastening shall be subject to review and approval by the Borough's Code Officials.

[f] All gas-fired heaters shall be equipped with safety shutoff valves that stop gas flow if flame is extinguished as well as a tip-over safety switch.

[13] Outdoor dining areas shall provide additional outdoor trash receptacles, which must meet the requirements of Subsection D(14)(a)[4] above.

[14] The sale of alcoholic beverages shall be incidental to the sale and consumption of food. Outside bar service and/or walk-up bar service for the sole purpose of the consumption of alcohol without the consumption of food is prohibited.

[15] Pets are not permitted in the outdoor dining area unless otherwise expressly allowed by law.

[16] Tables, chairs and other furnishings or accessories may not be left in place overnight but shall be removed from the sidewalk during nonbusiness hours or stored neatly so as not to impede pedestrian travel.

[17] No table, chair, or other furnishing or accessories used in connection with outdoor dining may be attached, chained, or in any manner affixed to any tree, post, sign, or other Borough owned fixture.

[18] Seating and tables for outdoor dining on the public sidewalk shall be at the same elevation as the public sidewalk. Paint, carpeting, artificial turf, platforms, or other surfaces of any kind shall not be permitted at any time on any public sidewalk. The outdoor dining or its operations shall not damage, stain, or discolor any part of the sidewalk or public right-of-way.

[19] Outdoor dining shall serve all products in or on glass, china, or other durable flatware with silverware and linens. Outdoor dining shall not utilize disposable products. However, restaurants with 12 or fewer seats of outdoor dining may use disposable flatware, silverware, or linens, provided that these materials do not become litter.

(b) Outdoor dining shall be permitted as part of an accessory cafeteria, provided that the outdoor dining area is used exclusively by the occupants of the building or campus; and shall be subject to the provisions of § 560-30.

(c) Storage of materials. At the conclusion of any outdoor dining season, all portable equipment (i.e., barriers, furniture, roof coverings, etc.) shall be stored within the facility in a location that does not interfere with the operation of the food establishment, or shall be stored off site.

(d) Outdoor dining permit. To ensure compliance with safety and food code standards of the Borough, the following regulations shall govern the issuance of all outdoor dining permits:

[1] Applications shall be filed on forms provided by the Borough along with the required fees (as set forth in the Fee Schedule[2] or by separate resolution of the Borough Council) and any information necessary to determine compliance with this section.

[2] Editor's Note: The current Fee Schedule is on file in the Borough offices.

[2] Applications shall be submitted to the Building Code Officer (BCO) for a review.

[3] Upon a successful review and approval by the BCO, a permit shall be issued. Fees shall be paid upon the filing of an application and shall be renewed on an annual basis.

[4] All locations shall be subject to periodic inspections for compliance with the standards of this section. Two or more violations of this section may result in a minimum seven-day suspension and/or revocation of all zoning, health, or building permits applicable to the outdoor dining use.

[5] Noise. Outdoor dining shall be subject to § 560-35, Noise. No amplified music or sound is permitted. All activities, including the playing of music or other forms of entertainment, shall comply with the noise limitations of the Borough Ordinances and any other regulatory agencies having jurisdiction, as applicable.

[6] Applicants proposing to use the sidewalk or right-of-way for outdoor dining shall well and truly save, indemnify, defend, and keep harmless the Borough of Bridgeport, its officers, employees, and agents against any and all actions, suits, demands, payments, costs, and charges for and by reason of the existence of outdoor dining and all damages to persons or property resulting from or in any manner caused by the presence, location, use, operation, installation, maintenance, replacement, or removal of outdoor dining or by the acts or omissions of the employees or agents of the applicant in connection with outdoor dining.