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

§ 280-28 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.

B. For uses allowed within a specific zoning district as special exception uses, see also the procedures and standards in § 280-16.

§ 280-29 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 have been documented in research conducted across the nation. 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. The research conducted across the nation concludes that adult uses typically involve insufficient self-regulation to control these secondary effects.

[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 portion of a building occupied by an adult use shall be located within any of the following distances:

[1] Four hundred lineal feet from any residential zoning district boundary or lot line of any existing dwelling; and

[2] One thousand lineal feet from the lot line of any existing primary or secondary school, place of worship, public park, day care center or child nursery.

(c) No such use shall be located within 1,000 lineal feet of any existing adult use.

(d) A fifty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 280-56, but with plantings of an initial minimum height of six 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 § 280-50, 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 specifically permitted by Article III.

(j) A minimum lot area of 25,000 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 nor any sexual contact between entertainers nor between entertainers and customers. This shall specifically prohibit, but not be limited to, entertainers dancing on the laps of 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 for entertainers 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 5% 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) The use shall not operate between the hours of 12:00 midnight and 7:00 a.m.

(q) As specific conditions of approval under this chapter, the applicant shall prove compliance with the following state laws, as amended: 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) The use shall be fully licensed by the state, if required by the state.

(b) The use shall include constant supervision during all hours of operation.

(c) The use 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) Assisted living facility/personal care center. The same standards shall apply as are listed for nursing homes in this section.

(5) 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 § 280-56.

(b) See light and glare standards in § 280-37.

(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.

(6) 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 body work and grinding) and outdoor welding shall not occur within 150 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 § 280-56.

(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 30 days within view of a public street or a dwelling. A maximum of four junk vehicles may be parked on a lot outside of an enclosed building at any one time, except that additional numbers of vehicles may be parked outside overnight if they:

[1] Are screened from view from streets and other lots by landscaping or buildings; and

[2] Are actively undergoing repair.

(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.

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

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

(i) See light and glare control in Article V.

(j) See canopy height and lighting provisions in § 280-37.

(7) Auto service station. The provisions for auto repair garage listed in this section shall apply. The uses of auto service station and auto repair garage may be combined, if the requirements for each use are met.

(8) Bed-and-breakfast inn.

(a) Within a residential district (if permitted under Article III), a maximum of five rental units shall be provided. A maximum number of rental units shall not apply in other districts where the use is allowed. No more than three adults may occupy one rental unit.

(b) One off-street parking space shall be provided for each rental unit. If four or more new off-street parking spaces are provided, they shall be located either to the rear 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 sign with a maximum sign area of six square feet on each of two sides and with a maximum height of eight feet. Such sign shall only be illuminated externally.

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

(e) The use shall be owned, 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.

(h) In a residential district, the use shall be restricted to buildings that existed prior to January 1, 1940.

(i) Minimum lot area: 3,000 square feet, unless a more restrictive lot area is established by the applicable zoning district.

(9) Boardinghouse (includes rooming house).

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

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

(c) Minimum lot width: 100 feet.

(d) Maximum density: 3,000 square feet of lot area per bedroom; 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 § 280-56 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.

(10) 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.

(11) Commercial communications antennae/tower as principal or accessory use.

(a) An accessory commercial communications antenna that does not involve a new tower shall be allowed in any district if it meets the following requirements:

[1] In a district other than a commercial or industrial district, the antenna shall extend a maximum of 20 feet beyond the existing structure to which it is attached. The antenna shall be attached to one of the following existing lawful structures:

[a] An electric high voltage transmission tower;

[b] An existing lawful commercial communications tower;

[c] A fire station or steeple or bell tower of a place of worship; or

[d] A water tower.

[2] In a commercial or industrial district, the antennae shall extend a maximum of 40 feet beyond an existing building or structure (other than a dwelling), provided the antenna is setback a distance equal to its total height above the ground from any lot line of a dwelling on another lot.

(b) General requirements for tower-based wireless communications facilities.

[Amended 8-7-2017 by Ord. No. 1354]

[1] The following shall apply to all tower-based wireless communications facilities (WCF) and shall be codified within § 280-29A(11) as Subsection (b) et seq.:

[a] Standard of care. The tower-based WCF applicant shall present documentation that the WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors, and the Electrical Industrial Association/Telecommunications Industry Association. Certification of the design from a Pennsylvania registered professional engineer is required. Any tower-based WCF 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.

[b] Structural requirements.

[i] Any tower-based WCF structures shall be designed to withstand the effects of wind according 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-G Code, as amended).

[ii] A soil report complying with the standards of Appendix I, Geotechnical Investigations, ANSI/EIA/TIA 222-G, as amended, shall be submitted.

[iii] The facility shall be constructed to withstand a wind velocity of 100 miles per hour, as well as all proposed placements or co-location of nontower WCFs.

[iv] A copy of the structural analysis, signed and sealed by a registered structural engineer licensed in the Commonwealth of Pennsylvania, shall be submitted to the Borough.

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

[d] Maintenance and inspection. The following maintenance and inspection requirements shall apply:

[i] Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[ii] 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.

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

[iv] Guyed towers and other wireless support structures shall be inspected every three years, and self-supporting towers/monopoles shall be inspected every five years. All towers shall be inspected after severe wind (sustained tropical storm or hurricane force winds) or ice storms or other extreme loading conditions. Inspection reports shall be prepared by a licensed professional engineer and submitted to the Borough Engineer for review.

[e] Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, 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.

[f] Historic buildings or districts. No tower-based WCF may be located on a building, structure, or site that is listed on either the National or Pennsylvania Registers of Historical Places (either inside or outside the public rights-of-way) or the official historic structures and/or historic districts list maintained by the Borough, or has been designated by the Borough as being of historic significance.

[g] Identification. All tower-based WCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Borough. The Borough shall be notified of the use or storage of external power sources, such as batteries or fuel tanks.

[h] Lighting and signage. No tower-based WCF shall contain signs or be artificially lighted, except as required by law, the FCC, the Federal Aviation Administration (FAA), or any other governmental agency having jurisdiction over the same. 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. Automatic lighting is prohibited and all lighting must be controlled manually by an on-site switch. Emergency lighting for any accessory facility/building in Subsection A(11)(b)[1][g] above is permitted, subject to Borough review and approval. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough.

[i] Appearance. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.

[j] Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

[k] Aviation safety. Tower-based WCFs shall comply with all federal and state laws concerning aviation safety and applicable airport zoning regulations.

[i] Documentation from the Federal Aviation Administration (FAA) shall be submitted by the applicant for any tower-based WCF exceeding 200 feet in height stating that the subject WCF is approved by the FAA.

[ii] Any applicant for a proposed tower-based WCF located within a radius of five aerial miles of any airport shall notify said airport, in writing, of its intent to construct a WCF prior to construction. The applicant shall provide proof of the notification to the Borough.

[l] Notice. Upon receipt of an application for a tower-based WCF, the applicant shall mail notice thereof to the owner or owners of every property within 500 linear feet of the property or parcel of the proposed facility. The applicant shall provide proof of the notification(s) to the Borough.

[m] 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 tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this subsection. The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

[n] FCC license. The applicant shall submit to the Borough a copy of its current FCC license, the name, address, emergency number, and operator of the facility.

[o] Insurance. Each person that owns or operates a tower-based WCF shall provide the Borough with proof of insurance. A certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence, $5,000,000 aggregate, and property damage coverage in the minimum amount of $1,000,000 per occurrence, $5,000,000 aggregate, along with an umbrella policy of $5,000,000, covering the communications facility is required. The Borough, its employees, engineer, solicitor, planner, and any other relevant professionals the Borough requires shall be named additional insured and the certificate shall provide, as a minimum, that the additional insured shall be notified not less than 60 days in advance of the insurance not being renewed or being cancelled for any reason.

[p] Timing of decision. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Borough, the Borough shall notify the applicant in writing of any information that may be required to complete such application. Where conditional use approval is required, the Borough shall render a decision within 45 days after the last hearing before the Borough. All other applications, including land development, for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Borough shall advise the applicant in writing of its decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.

[q] Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this subsection.

[r] Indemnification. The applicant or each person that owns or operates a tower-based WCF shall indemnify, defend and hold harmless the Borough and its authorities, Council, commissions (including the individual members thereof), their elected and appointed officers and officials, and their employees, professional consultants and agents of and from any suit, damage, claim, liability, judgment, cost, loss, deficiency and any other costs and expenses incident to the defense of any such claim, lawsuit, action or proceeding (including reasonable attorney fees, expert witness fees and consulting fees) which in whole or in part arise out of or relate to the construction, installation, operation, maintenance, or removal of a tower-based WCF.

[s] Removal/financial security. In the event that use of a tower-based WCF 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. If it remains unused for a period of six consecutive months, the Borough will provide notice to the owner/operator to remove the tower. Unused or abandoned tower-based WCFs or portions of tower-based WCFs shall be removed as follows:

[i] All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site or from the time the municipality provides notice, unless a time extension is approved by the Borough.

[ii] If the tower-based WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, from the time the municipality provides notice, or within any longer period approved by the Borough, the tower-based WCF and accessory facility and equipment may be removed by the Borough and the cost of removal assessed against the owner of the tower-based WCF.

[iii] Prior to the issuance of a zoning permit, the owner/operator of the tower-based WCF shall post security, in a form acceptable to the Borough, favoring the municipality, to assure the faithful performance of the terms and conditions of this subsection. Security shall be an amount to cover tower and/or antenna removal and site cleanup. The security shall be utilized by the Borough in the event the owner or operator of the tower-based WCF does not remove the facility as outlined in Subsection A(11)(b)[1][s][i] and [ii] above or to recover any and all compensatory damages incurred by the Borough for violations of this subsection, after reasonable notice and opportunity to cure.

[iv] The Borough must approve all replacements of portions of a tower-based WCF previously removed.

[t] 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 tower-based WCF, as well as related inspection, monitoring and related costs. Said fees shall be set by resolution from time to time.

[2] The following regulations shall apply to tower-based wireless communications facilities (WCF) located outside the rights-of-way.

[a] Development regulations.

[i] Allowable districts. Tower-based WCFs are prohibited as follows:

[A] No tower-based WCFs shall be located closer than 250 feet to an existing residential dwelling or residential zoning district boundary in which tower-based WCFs are prohibited.

[B] Tower-based WCFs are prohibited in all zoning Districts, except as provided in Subsection A(11)(b)[2][a][i][C] below.

[C] Tower-based WCFs are permitted by special exception in the IO and A Districts.

[ii] Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of tower-based WCF being proposed is the least intrusive means by which to fill the gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Borough's decision on an application for approval of tower-based WCF.

[iii] Height. Any tower-based WCF outside of the rights-of-way shall be designed at the minimum functional height and shall not exceed a maximum total height of 200 feet. Height shall include all subsequent additions or alterations.

[iv] Sole use on a lot. A tower-based WCF is permitted as a sole use on a lot area and yards complying with the requirements for the applicable zoning district.

[v] Combined with another use. A tower-based WCF may be permitted on a property with an existing use or on a vacant parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:

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

[B] The tower-based WCF may occupy a leased parcel within a lot meeting the minimum lot size for the zoning district. The leased parcel shall be, at a minimum, the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.

[C] Minimum lot area. The minimum lot shall comply with the requirements for the applicable district.

[D] Minimum setbacks. The tower-based WCF and accompanying equipment building shall not be located in the minimum front, rear, or side yard setbacks for the applicable zoning district. Further, no tower-based WCF shall be located within 100 feet or the distance of the fall zone, whichever is greater, from any property line or existing street right-of-way or 200 feet of any occupied building.

[E] Vehicular access to the tower-based WCF shall not interfere with parking or circulation on the site.

[vi] Applicant shall demonstrate, utilizing the most current technological evidence available, that the tower-based WCF must be constructed where it is proposed in order to satisfy its function pursuant to the communications industry's technological requirements.

[b] Co-location. An application for a new tower-based WCF shall not be approved unless the Borough finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. Any comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

[c] Design regulations.

[i] The tower-based WCF shall employ the most current standards available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact.

[ii] Any height extensions to an existing tower-based WCF shall require prior approval of the Borough. The Borough reserves the right to deny such requests based upon land use impact or any other lawful considerations related to the character of the Borough.

[iii] Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antenna for future users. At a minimum the structure and wind load should be able to accommodate a ten-percent increase in height or one additional array, not to exceed a total height of more than 200 feet.

[d] Surrounding environs.

[i] The tower-based WCF shall comply with the required yard requirements of the applicable zoning district.

[ii] The tower-based WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the tower-based WCF structure shall be preserved to the maximum extent possible.

[e] Fence/screen.

[i] A security fence satisfactory to the Borough having a minimum height of 10 feet shall completely surround any tower-based WCF, as well as guy wires, or any building housing tower-based WCF equipment. If a security fence is used, a lock box shall be provided for emergency access.

[ii] An evergreen screen shall be required to surround the site of the proposed tower-based WCF. The screen shall either be a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum six feet of planting and shall grow to a minimum 15 feet at maturity. The vegetation utilized should be deer resistant.

[iii] The tower-based WCF applicant shall submit a landscape plan for review and approval by the Borough for all proposed screening.

[iv] Alternate forms of screening, other than landscaping outlined above, may be permitted if reviewed and approved by the Council.

[f] Accessory equipment.

[i] Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Borough Engineer, then the ground-mounted equipment shall be screened from public view.

[ii] All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback and height requirements of the underlying zoning district.

[g] Additional antenna. As a condition of approval for all tower-based WCFs, WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antenna on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antenna without obtaining the prior written approval of the Borough.

[h] Access road/lease area. Adequate emergency and service access to tower-based WCF must be provided.

[i] Access shall be provided to the facility by means of a public street or easement to/from a public street unless waived in writing by the Council. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a paved surface for its entire length. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion.

[ii] A minimum of two off-street parking spaces shall be provided for a tower-based WCF.

[iii] A turnaround area must be provided within the fenced area to allow adequate access by all service and emergency vehicles.

[i] Site plan required. In order to determine if the requirements of this section are met, the applicant shall present a site plan showing, at a minimum, the following items:

[i] Locations of all existing and proposed uses on the subject site including the proposed tower-based WCF.

[ii] Elevations and drawings of any existing uses and proposed tower-based WCFs, showing proposed width, depth, height, architectural style and structural data for any towers, antenna, etc., proposed.

[iii] Site boundary, lease area boundary, zoning data, setbacks/yards and adjacent uses.

[iv] Vehicular access, fencing, landscaping, utility and/or access easements.

[j] Inspection. The Borough reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this subsection 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 tower-based WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

[3] The following regulations shall apply to tower-based WCFs located in the rights-of-way:

[a] Development regulations.

[i] No tower-based WCF shall be located within the existing or future rights-of-way of any Borough-owned arterial or local road as designated by the Borough.

[ii] Tower-based WCFs are permitted in all other rights-of-way.

[iii] The applicant shall provide proof of authorization from the owner of the right(s)-of-way for the location(s) of the proposed tower(s).

[iv] The application shall be accompanied by plans and other materials as required by this chapter, describing the use and locations proposed. Such plans and other materials shall provide sufficient basis for evaluating the applicant's requests.

[b] Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of tower-based WCF being proposed is the least intrusive means by which to fill the gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Borough's decision on an application for approval of a tower-based WCF.

[c] Height. Any tower-based WCF in the rights-of-way shall be designed at the minimum functional height and shall not exceed a maximum total height of 50 feet, which height shall include all subsequent additions or alterations. All tower-based WCF applicants must submit documentation to the Borough justifying the total height of the structure.

[d] Co-location. An application for a new tower-based WCF in the rights-of-way shall not be approved unless the Borough finds that the proposed wireless communications equipment cannot be accommodated on an existing or approved structure, such as a utility pole or traffic light pole. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

[e] Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the rights-of-way based on public safety, traffic management, physical burden on the rights-of-way, 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.

[f] Equipment location. Tower-based WCFs and accessory 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 rights-of-way as determined by the Borough. In addition:

[i] In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.

[ii] Ground-mounted 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.

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

[iv] Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

[v] Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Borough.

[g] Design regulations.

[i] The tower-based WCF shall employ the most current standards available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact.

[ii] Any height extensions to an existing tower-based WCF shall require prior approval of the Borough, and shall not increase the overall height of the tower-based WCF to more than 50 feet.

[iii] Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antenna for future users.

[h] Additional antenna. As a condition of approval for all tower-based WCFs in the rights-of-way, WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antenna on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antenna without obtaining the prior written approval of the Borough.

[i] 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 tower-based WCFs in the rights-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any tower-based WCF 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:

[i] The construction, repair, maintenance or installation of any Borough or other public improvement in the rights-of-way.

[ii] The operations of the Borough or other governmental entity in the rights-of-way.

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

[iv] An emergency as determined by the Borough.

[j] Compensation for right-of-way use. In addition to permit fees, every tower-based WCF in the right-of-way is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Borough's actual right-of-way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Borough. The owner of each tower-based WCF 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. The annual right-of-way management fee for tower-based WCFs shall be determined by the Borough and authorized by resolution of Borough Council and shall be based on the Borough's actual right-of-way management costs as applied to such tower-based WCF.

(c) General requirements for non-tower-based wireless communications facilities.

[Added 8-7-2017 by Ord. No. 1354[1]]

[1] General requirements for all non-tower-based wireless communication facilities (WCF).

[a] Standard of care. Any non-tower-based WCF that is considered a co-location, modification, or replacement shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors, and the Electrical Industrial Association/Telecommunications Industry Association. Certification of the design from a Pennsylvania registered professional engineer is required. Any non-tower-based WCF 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. The Borough shall be notified of the use or storage of external power sources, such as batteries or fuel tanks.

[b] Structural requirements.

[i] Any non-tower-based WCF that is considered a co-location, modification, or replacement shall be designed to withstand the effects of wind according 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-G Code, as amended).

[ii] The wireless support structure to which the non-tower-based WCF is attached shall be able to withstand the additional structural load of the co-location, modification, or replacement.

[iii] A copy of the structural analysis, signed and sealed by a registered structural engineer licensed in the Commonwealth of Pennsylvania, shall be submitted to the Borough and reviewed as a portion of the permitting process for co-locations, modifications, or replacements.

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

[d] Radio frequency emissions. No non-tower-based WCF may, by itself or in conjunction with other WCFs, 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.

[e] Historic buildings or districts. No non-tower-based WCF may be located on a building, structure, or site that is listed on either the National or Pennsylvania Registers of Historical Places (either inside or outside the public rights-of-way) or the official historic structures and/or historic districts list maintained by the Borough, or has been designated by the Borough as being of historic significance.

[f] Aviation safety. Non-tower-based WCFs shall comply with all federal and state laws concerning aviation safety and applicable airport zoning regulations.

[i] Documentation from the Federal Aviation Administration (FAA) shall be submitted by the applicant for any non-tower-based WCF exceeding 200 feet in height stating that the subject WCF is approved by the FAA.

[ii] Any applicant for a proposed tower-based WCF located within a radius of five aerial miles of any airport shall notify said airport, in writing, of its intent to construct a WCF prior to construction. The applicant shall provide proof of the notification to the Borough.

[2] Non-tower-based WCF development regulations - no substantial change. If the eligible facilities request for a non-tower-based WCF or base station is a co-location, modification, or a replacement that does not substantially change the existing wireless support structure, then the requirements herein will be applicable.

[a] Permitted in all zoning districts. Non-tower-based WCFs are permitted in all zoning districts.

[i] Building permit required. Co-locations, modifications, or replacements of non-tower-based WCFs or transmission equipment on existing wireless support structures or base stations are subject to the internal zoning or land use approvals for the previously approved wireless support structure or non-tower-based WCF, and subject only to the building permit review and approval process of the Borough.

[ii] No building permit required. Replacement of non-tower-based WCFs or transmission equipment on existing, Borough-approved, wireless support structure or base stations, without an increase in wind or structural load, may be performed by the applicant without obtaining a building permit.

[b] Removal/financial security. In the event that use of a non-tower-based WCF 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. If it remains unused for a period of six consecutive months, the Borough will provide notice to the owner/operator to remove the tower. Unused or abandoned non-tower-based WCFs or portions of non-tower-based WCFs shall be removed as follows:

[i] All unused or abandoned non-tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site or from the time the municipality provides notice, unless a time extension is approved by the Borough.

[ii] If the non-tower-based WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, from the time the municipality provides notice, or within any longer period approved by the Borough, the non-tower-based WCF and accessory facility and equipment may be removed by the Borough and the cost of removal assessed against the owner of the non-tower-based WCF.

[c] Timing of decision. Within 30 calendar days of the date that an application for a co-location, modification, or replacement of a non-tower-based WCF is filed with the Borough, the Borough shall notify the applicant in writing of any information that may be required to complete such application. If additional information is requested by the Borough to complete an application, the time period for review may be tolled by mutual agreement. Within 90 calendar days of receipt of the application, accounting for tolling, the Borough must make a final decision regarding the application and shall advise the applicant in writing of such decision.

[i] A determination of incompleteness must specifically delineate all missing information and specify the code provision, ordinance, application instructions or otherwise publicly stated procedures that require the information to be submitted.

[ii] Following an applicant's resubmission in response to a determination of incompleteness, the Borough may reach a subsequent determination of incompleteness based solely on the applicant's failure to supply the specific information that was requested within the first 30 days.

[iii] The ninety-day review period begins running again when the applicant makes its supplemental resubmission; however, the review period may be tolled, once again, if the Borough notifies the applicant within 10 days that the supplemental submission did not provide the specific information identified in the original notice delineating missing information.

[3] Non-tower-based WCF development regulations - substantial change. If the eligible facilities request for a non-tower-based WCF or base station is a co-location, modification, or a replacement that substantially changes the existing wireless support structure, then the requirements contained herein will be applicable.

[a] Permitted in all zoning districts. Non-tower-based WCFs are permitted in all zoning districts subject to the initial zoning or land use approvals for the previously approved wireless support structures or non-tower-based WCF. These WCFs are subject to the building permit review and approval process of the Borough.

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

[i] Any non-tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[ii] 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.

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

[c] 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 non-tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this subsection. The applicant and/or owner of the non-tower-based WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

[d] Timing of decision. Within 30 calendar days of the date that an application for a co-location, modification, or replacement of a non-tower-based WCF is filed with the Borough, the Borough shall notify the applicant in writing of any information that may be required to complete such application. If additional information is requested by the Borough to complete an application, the time period for review may be tolled by mutual agreement. Within 90 calendar days of receipt of the application, accounting for tolling, the Borough must make a final decision regarding the application and shall advise the applicant in writing of such decision.

[i] A determination of incompleteness must specifically delineate all missing information and specify the code provision, ordinance, application instructions or otherwise publicly stated procedures that require the information to be submitted.

[ii] Following an applicant's resubmission in response to a determination of incompleteness, the Borough may reach a subsequent determination of incompleteness based solely on the applicant's failure to supply the specific information that was requested within the first 30 days.

[iii] The ninety-day review period begins running again when the applicant makes its supplemental resubmission; however, the review period may be tolled, once again, if the Borough notifies the applicant within 10 days that the supplemental submission did not provide the specific information identified in the original notice delineating missing information.

[e] Indemnification. The applicant or each person that owns or operates a non-tower-based WCF shall indemnify, defend and hold harmless the Borough and its authorities, Council, commissions (including the individual members thereof), their elected and appointed officers and officials, and their employees, professional consultants and agents of and from any suit, damage, claim, liability, judgment, cost, loss, deficiency and any other costs and expenses incident to the defense of any such claim, lawsuit, action or proceeding (including reasonable attorney fees, expert witness fees and consulting fees) which in whole or in part arise out of or relate to the construction, installation, operation, maintenance, or removal of a non-tower-based WCF.

[f] Removal/financial security. In the event that use of a non-tower-based WCF 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 non-tower-based WCFs or portions of non-tower-based WCFs shall be removed as follows:

[i] All unused or abandoned non-tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site or from the time the municipality provides notice, unless a time extension is approved by the Borough.

[ii] If the non-tower-based WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, from the time the municipality provides notice, or within any longer period approved by the Borough, the non-tower-based WCF and accessory facility and equipment may be removed by the Borough and the cost of removal assessed against the owner of the non-tower-based WCF.

[iii] Prior to the issuance of a zoning permit, the owner/operator of the non-tower-based WCF shall post security, in a form acceptable to the Borough, favoring the municipality, to assure the faithful performance of the terms and conditions of this section. Security shall be an amount to cover tower and/or antenna removal and site cleanup. The security shall be utilized by the Borough in the event the owner or operator of the non-tower-based WCF does not remove the facility as outlined in Subsections A(11)(b)[3][f][i] and [ii] above or to recover any and all compensatory damages incurred by the Borough for violations of this subsection, after reasonable notice and opportunity to cure.

[iv] The Borough must approve all replacements of portions of a non-tower-based WCF previously removed.

[4] Non-tower-based WCF outside the rights-of-way and substantial change. If the eligible facilities request for a non-tower-based WCF or base station is a co-location, modification, or a replacement that substantially changes the existing wireless support structure and is located outside the rights-of-way, then the requirements contained herein will be applicable.

[a] Development regulations. Non-tower-based WCFs shall be co-located on existing wireless support structures/base stations, subject to the following conditions:

[i] Such non-tower-based WCFs do not exceed the maximum permitted height of the existing wireless support structure.

[ii] If the non-tower-based WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

[iii] An eight-foot-high security fence shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

[b] Design regulations.

[i] Non-tower-based WCFs shall be treated to match the supporting structure in order to minimize aesthetic impact.

[ii] Non-tower-based WCFs which are mounted to a building or similar structure may not exceed a height of 15 feet above the ground.

[iii] All non-tower-based WCF applicants must submit documentation to the Borough justifying the total height of the non-tower-based WCF structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

[iv] Antenna, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.

[c] Inspection. The Borough reserves the right to inspect any non-tower-based WCF to ensure compliance with the provisions of this subsection 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 non-tower-based WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

[5] Non-tower-based WCF in the rights-of-way and substantial changes. If the eligible facilities request for a non-tower-based WCF or base station is a co-location, modification or a replacement that substantially changes the existing wireless support structure and is located in the rights-of-way, then the requirements contained herein will be applicable.

[a] Co-location. Non-tower-based WCFs in the rights-of-way shall be located on existing poles/base stations, such as existing utility poles or light poles or other wireless support structures.

[b] Design requirements.

[i] Non-tower-based WCF installation located above the surface grade in the public right-of-way including, but not limited to, those on streetlights and joint 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.

[ii] Antenna and all support equipment shall be treated to match the supporting structure. Non-tower-based WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

[c] Equipment location. Non-tower-based WCFs and accessory 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 rights-of-way as determined by the Borough. In addition:

[i] In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.

[ii] Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate, to the satisfaction of the Borough Engineer, that ground-mounted equipment cannot be placed underground, then all such equipment shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.

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

[iv] Any graffiti on the non-tower-based WCF or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

[v] Any underground vaults related to non-tower-based WCFs shall be reviewed and approved by the Borough.

[d] Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower-based WCFs in the rights-of-way based on public safety, traffic management, physical burden on the rights-of-way, 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.

[e] 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 non-tower-based WCFs in the rights-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any non-tower-based WCF 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:

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

[ii] The operations of the Borough or other governmental entity in the rights-of-way;

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

[iv] An emergency as determined by the Borough.

[f] Compensation for right-of-way use. In addition to permit fees, every non-tower-based WCF in the right-of-way is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Borough's actual right-of-way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Borough. The owner of each non-tower-based WCF 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. The annual right-of-way management fee for non-tower-based WCFs shall be determined by the Borough and authorized by resolution of Borough Council and shall be based on the Borough's actual right-of-way management costs as applied to such tower-based WCF.

[1] Editor's Note: Pursuant to this ordinance, Subsection A(11)(c) through (f) were redesignated as Subsection A(11)(d) through (g), respectively.

(d) Purposes. These provisions for commercial communications antenna/towers are primarily designed to serve the following purposes, in addition to the overall objectives of this chapter:

[1] To protect property values.

[2] To minimize the visual impact of antenna/towers, particularly considering the importance of the scenic beauty of the area in attracting visitors for outdoor recreation.

[3] To minimize the number and heights of towers in a manner that still provides for adequate telecommunications services and competition.

(e) A tower/antenna that primarily serves emergency communications by a Borough-recognized police, fire or ambulance organization, and is on the same lot as an emergency services station, shall be permitted by right.

(f) Any antenna and tower that is no longer in active use shall be completely removed within six months after the discontinuance of use. The operator shall notify the Zoning Officer in writing after the antenna or tower use is no longer in active use. Any lease shall require such removal by the owner of the antenna/tower. Any lease should provide that the lease shall expire once the antenna/tower is removed.

(g) All utility buildings serving a communications antenna shall have a maximum height of 12 feet. Where a utility building is adjacent to a residential lot(s), it shall meet principal building setbacks along those lot lines.

(12) Conversion of an existing building (including an existing dwelling) into dwelling units.

(a) See Article III, which regulates where conversions are permitted. Applicable state fire safety requirements shall be met.

(b) The following regulations shall apply to the conversion of an existing one-family dwelling into a greater number of dwelling units:

[1] The building shall maintain the appearance of a one-family dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance.

[2] The conversion shall not be permitted if it would require the placement of an exterior stairway on the front of the building, or would require the placement of more than three off-street parking spaces in the required front yard.

(c) A previously residential building shall maintain a clearly residential appearance, except as may be necessary for restoration of a historic building.

(d) Dumpster screening: see § 280-59.

(e) Each unit shall meet the definition of a dwelling unit and shall meet the minimum floor area requirements of § 280-54C.

(13) Day care center, child.

(a) See also "day care: family day care home or group day care" as an accessory use in § 280-30.

(b) 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.

(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 center shall have a minimum lot area of 6,000 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 setback a minimum of 25 feet from the exterior walls of an abutting existing dwelling.

(g) A day care center may occur in a building that also includes lawful dwelling units. However, a day care center 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 center shall maintain an exterior appearance that resembles existing dwellings in the neighborhood.

(i) See also the standards for a place of worship, which allows a day care center as an adjunct use.

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

(a) See definition in § 280-19.

(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 five unrelated persons, except:

[1] If a more restrictive requirement is established by another Borough code, such as a housing code;

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

[3] As may otherwise be approved by the Zoning Hearing Board under § 280-11D.

(d) The applicant shall provide a written statement describing how the facility will have adequate trained staff supervision for the number and type of residents. The Zoning Officer may require twenty-four-hour on-site staffing if necessary for the number and type of residents.

(e) The applicant shall provide evidence of any applicable federal, state or county licensing or certification to the Zoning Officer. If such licensing or certification is changed, suspended or revoked, the operator shall provide written notice to the Zoning Officer within seven days.

(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. If there are any changes in such matters, the operator shall provide written notice to the Zoning Officer within seven days. The Zoning Officer may require a new approval if there are significant changes in the nature of the group home.

(g) Any on-site medical or counseling services shall be limited to a maximum of three nonresidents per day. Any on-site 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 of a type reasonably expected to be able to drive a vehicle.

(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) New buildings shall be setback a minimum of 25 feet from the lot line of a dwelling, unless a wider setback is required by another section.

(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:

[1] One hundred feet from any lot line of a primarily residential use; and

[2] Fifty 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 twelve-foot-wide aisles 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 § 280-56, unless such storage is not visible from an exterior lot line or street. The minimum initial height of the evergreen planting shall be four feet, which shall be designed to result in a solid eight-foot-high plant screen within four years. Secure chain link or similar 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 stored in a suitable area on an impervious and properly drained surface.

(h) Lot area: one acre minimum; 10 acres maximum.

(i) Tires: see the "outdoor storage and display" standards in § 280-30.

(j) The use shall also comply with Chapter 170, Junkyards, of the Code of the Borough of Catasauqua.

(17) Kennel.

(a) Minimum lot area: one acre.

(b) All buildings in which animals are housed and all runs shall be located at least 200 feet from any lot line of a primarily residential use. This setback shall not apply if the kennel is separated from a residential use by an expressway.

(c) Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any principal building on another lot.

(d) 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.

(e) Structures in which animals are kept shall provide adequate shelter from the elements, including being heated during cold weather.

(f) All animal wastes shall be removed and properly disposed of at least once a day.

(g) The operator of the kennel shall exercise all necessary control over the animals and shall not allow a nuisance condition to exist in terms of excessive noise, odor or health hazards.

(h) The kennel shall be operated in full compliance with the State Animal Welfare Act and applicable state kennel regulations. The kennel shall be open to regular inspection by the Zoning Officer and any designated Health Inspector.

(18) Membership club.

(a) See definition in Article II.

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

(19) Mineral extraction.

(a) Application requirements. A copy of all site plan information that will be required by the state 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 to the Zoning Officer.

(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 owned by the owner or operator 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 lot line of a dwelling, other than an abandoned dwelling;

[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 setback 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) Mobile/manufactured home. The following provisions shall apply for a dwelling 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 building 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 or stucco facing. This subsection 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, except within a mobile home park.

(g) See also the regulations of § 280-26.

(h) A mobile/manufactured home shall not be permitted within a state-certified or National Register Historic District.

(i) See provisions in § 280-26 regarding dwelling width in certain districts.

(21) Mobile/manufactured home park.

(a) Plans shall need approval by the Borough under the Subdivision and Land Development Ordinance.[2]

[2] Editor's Note: See Ch. 235, Subdivision and Land Development.

(b) The minimum tract area shall be one contiguous acre, which shall be under single ownership.

(c) Density. The maximum average overall density shall be four dwelling units per acre. To calculate this density land in common open space or proposed streets within the park may be included. Land within the one-hundred-year floodway or that has natural slopes of 15% or greater shall not be included when calculating density.

(d) Landscaped perimeter. Each mobile/manufactured home park shall include a twenty-five-foot wide landscaped area including substantial attractive evergreen and deciduous trees around the perimeter of the site, except where such landscaping would obstruct safe sight distances for traffic. A planting plan for such area shall be approved by the Zoning Hearing Board as part of any required special exception approval. Such landscaped area shall not be required between adjacent mobile home park developments. This landscaped area shall be 35 feet wide abutting existing single-family detached dwellings. The same area of land may count towards both the landscaped area and the building setback requirements.

(e) A dwelling, including any attached accessory building, shall be setback a minimum of 25 feet from another other dwelling within the mobile home park, except that unenclosed porches, awnings and decks may be 15 feet from the walls of another dwelling.

(f) The minimum separation between homes and edge of interior street cartway or parking court cartway shall be 25 feet.

(g) The minimum principal and accessory building setbacks from exterior/boundary lot lines shall be 40 feet.

(h) Each home shall comply with the above requirements for mobile/manufactured homes in this § 280-29.

(i) Accessory structures. A detached accessory structure or garage shall be separated by a minimum of 15 feet from any dwelling units which the accessory structure is not accessory to.

(j) Common open space for a mobile home park. A minimum of 10% of the total lot area of the entire mobile home park shall be set aside as common open space for the residents.

(k) Streets.

[1] Access to individual mobile home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.

[2] Streets within the mobile home park that provide access to reach 20 or more dwellings shall have a minimum paved cartway of 24 feet, and other local private streets or parking courts serving less than 20 homes shall have a minimum paved cartway of 20 feet.

[3] Curbs and sidewalks are not required on the private streets, but all private streets shall meet all other Borough cartway construction standards.

(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 provisions listed under § 280-30 are hereby included by reference.

(24) Picnic grove, private.

(a) Minimum lot area: one acre, unless a larger lot area is required by another section of this chapter.

(b) All buildings, pavilions and active recreation areas shall be setback a minimum of 50 feet from any lot line of an existing principal dwelling, unless a larger setback is required by another section of this chapter.

(c) The use shall not be open to customers/patrons between the hours of 11:00 p.m. and 7:00 a.m.

(25) Place of worship.

(a) Minimum lot area: 25,000 square feet in a residential district. In other districts, the standard minimum lot area shall apply.

(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 the requirements for such uses are also met. 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 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 § 280-56 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 § 280-56 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) Residential conversions. See "conversions of an existing building" within this section.

(29) Restaurant.

(a) Screening of dumpster and waste containers: see § 280-59.

(b) See "drive-through" service in § 280-30.

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

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

(a) Minimum lot area: two acres in a residential district. In any other district, the use shall meet the standard minimum lot area for that district.

(b) No building, children's play equipment, basketball courts or illuminated recreation facilities shall be within 25 feet of a residential lot line, unless a more restrictive setback is established by another section of this chapter.

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

(31) 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 § 280-56 concerning buffer yards. In addition, any garage doors or outdoor storage areas within 200 feet of a street right-of-way shall be screened from that street by a buffer yard meeting § 280-56.

(h) Minimum separation between buildings: 20 feet, which shall allow passage by emergency vehicles.

(32) Swimming pool, nonhousehold.

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

(b) Minimum lot area: 30,000 square feet.

(c) Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by a buffer yard meeting § 280-56.

(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/rowhouses 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 15 feet from any dwelling.

(c) Garages. Townhouses shall be designed so that garages and/or carports are not an overly prominent part of the view from public streets. For this reason, parking courts, common garage or carport structures or garages at the rear of dwellings are encouraged instead of individual garages opening onto the front of the building, especially for narrow townhouse units.

(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 access points 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 § 280-19.

(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.

(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) All uses in the INS-2 District.

[Added 6-1-2009 by Ord. No. 1238]

(a) The minimum lot area shall be 20,000 square feet.

(b) All such use(s) shall have a twenty-five-foot setback from all property lines, except along a residential zoning district where the setback shall be 50 feet, unless an existing building is already nonconforming with respect to setbacks.

(c) At least 5% of the gross tract area shall have green area in the form of a pedestrian plaza, square, park, tot lot, playground, and other approved green area. The required green area shall be similar in character to the examples depicted in "280 Attachment 4."[3] No portion of the required setback area shall be counted toward the minimum green area requirement.

[3] Editor's Note: Attachment 4 is on file in the Borough offices.

(d) Pedestrian crosswalks at least six feet in width shall be provided and maintained across all street intersections.

(e) Street trees and streetlights shall be installed and maintained at an alternating interval of 45 feet on center, along a street abutting a front yard, and arterial and collector streets.

(38) Additional adaptive reuse requirements.

[Added 6-1-2009 by Ord. No. 1238]

(a) At least 2/3 of the original/existing exterior walls of the building and any portion of the roof integral thereto, and at least 2/3 of the original/existing footprint of the building shall be conserved and protected for adaptive reuse projects, in order to preserve the historic integrity of the building and the neighborhood.

(b) The Zoning Hearing Board may authorize up to a twenty-percent reduction in the otherwise required parking requirements if 100% of the original/existing building is conserved and protected through adaptive reuse.

(c) The adaptive reuse of a building may involve conversion from residential to nonresidential use, provided that all proposed nonresidential uses are already permitted in the zoning district.

(d) The adaptive reuse of a building shall comply with all applicable dimensional requirements of the district.

(39) Planned multifamily residential community. A planned, residential community meeting the following, specific requirements:

[Added 3-4-2013 by Ord. No. 1286]

(a) Consists of one or more of the following dwelling types: apartments, mid-rise apartments, twin dwelling units and townhouses.

(b) Provides three or more recreational facilities for use by the residents thereof, including without limitation, walking paths, indoor or outdoor pools, exercise rooms, tennis ourts, band shell, playground area and the like. Note that one or more direct connections to Borough and other public, recreational facilities may count as one recreational facility. The size of each recreational facility shall be commensurate with the size and density of the community. The requirements of this subsection are in addition to and not in lieu of the park and recreation dedication requirements of the Borough’s Subdivision and Land Development Ordinance.[4]

[4] Editor’s Note: See Ch. 235, Subdivision and Land Development.

(c) Provides for a separate clubhouse facility. Note that the inclusion of exercise facilities in a clubhouse may count as one recreational facility with respect to each such facility contained therein.

(d) Utilizes Borough public water and Borough sanitary sewer.

(e) Provides on-site parking in accordance with Article VI, except that an apartment use or a mid-rise apartment use shall provide 1.5 parking spaces per dwelling unit.

(f) Provides parking spaces for visitors in the amount of one space for every four dwelling units.

(40) Craft beverage production facility.

[Added 6-6-2016 by Ord. No. 1332; amended 2-5-2018 by Ord. No. 1364[5]]

(a) A craft beverage production facility, as defined, is a special exception use and as such shall meet all of the requirements for special exception use approval under § 280-16 of this chapter as well as all other applicable requirements of this chapter including, without limitation, the specific requirements of the district(s) in which the use is located unless otherwise modified herein.

(b) In addition to the above, a craft beverage production facility shall meet the following specific requirements:

[1] Demonstration of compliance with all requirements of applicable federal, state and local laws, ordinances, rules and regulations.

[2] Receipt of all necessary licenses from, and approvals by, regulatory agencies.

[3] Craft beverages produced by entities other than the owner of the craft beverage production facility and sold at the premises shall be consumed on the premises.

[4] The annual sale at the premises of craft beverages manufactured by entities other than the owner shall not exceed 50% of the total sales of craft beverages at the premises. The calculation of total sales shall include only the retail sales made at the premises and shall not include the wholesale distribution of the craft beverages manufactured by the owner.

[5] The owner shall provide to the Borough a quarterly report (based upon a calendar year) containing the following information:

[a] Total gallons and types of craft beverages manufactured on the premises;

[b] Total gallons and types of craft beverages produced by manufacturers other than the owner and sold for consumption on the premises;

[c] Total gallons and types of craft beverages produced by the owner and sold at the premises for consumption or retail sales (exclusive of wholesale distribution);

[d] Total gallons and types of craft beverages sold on the premises for consumption or retail sales; and

[e] Total gallons and types of craft beverages manufactured and distributed wholesale from the premises.

[6] Hours of operation of the tasting room and retail sales shall occur only during the following hours:

[a] Monday through Saturday, 10:00 a.m. to 12:00 midnight; and

[b] Sunday, 12:00 noon to 9:00 p.m.

[7] Hours of operation involving deliveries to and from the premises, including wholesale distribution, shall occur only during the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday.

[8] Off-street parking shall be provided in the amount of one space for every 200 square feet of total floor area and one loading space.

[9] Total floor area of the craft beverage production facility (calculated in accordance with the requirements of this Zoning Ordinance) and inclusive of all areas designated for the outdoor consumption of craft beverages at any time during the calendar year shall not exceed 4,000 square feet.

[10] During hours of operation, food shall be provided for consumption on the premises by patrons. A food truck service may satisfy the requirement of this subsection in whole or in part, provided that the owner/operator of the food truck obtains a transient merchant license from the Borough. Food trucks, trailers or other vehicles providing food service to the premises shall be parked on site and shall not encroach upon the public right-of-way.

[11] The owner shall provide an ongoing form of public or community service or educational program available to the general public.

[5] Editor's Note: This ordinance also repealed form Subsection A(40), craft beverage restaurant, added 6-6-2016 by Ord. No. 1332, and renumbered former Subsection A(41) as Subsection A(40).

§ 280-30 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 70 feet.

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

(2) Bus shelters.

(a) A bus shelter that complies with this section shall be allowed to provide refuge for mass transit riders from adverse weather conditions.

(b) Only the following signs shall be permitted:

[1] One two-sided sign with a maximum sign area of 30 square feet (which may be illuminated); and

[2] Nonilluminated signs identifying the name of the transit provider, route schedules and maps.

(c) A bus shelter with advertising signs shall only be allowed within commercial and industrial districts. The location of a bus shelter shall be approved in advance by the transit provider and Borough Council. The applicant shall prove to the Zoning Officer that the location will not interfere with pedestrian traffic along the sidewalk and with safe sight distances at intersections. The Borough may also require a written agreement for use of the public right-of-way.

(d) The applicant shall prove to the Zoning Officer that there is a legally binding commitment by a responsible entity to properly maintain the bus shelter and to remove the shelter if it is not needed in the future or if it falls into disrepair.

(e) Such shelters shall be durably constructed, with a roof. For security and safety purposes, the majority of the side walls of the shelter shall be constructed of a clear shatter-resistant material.

(f) Any light bulbs/lighting elements shall not be directly visible from outside of the shelters. The lighting may be diffused by an allowed sign. Glare shall not be created.

(g) A bus shelter shall not be located directly abutting a single-family detached dwelling or a twin dwelling.

(h) A bus shelter shall only be allowed within a commercial district or an immediately abutting sidewalk.

(3) Day care, child, as accessory to a dwelling (includes family day care home or a group day care home).

(a) See § 280-25 and the definitions in § 280-19 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 to 12 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 12,000 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) The use shall be actively operated by a permanent resident of the dwelling.

(e) If four or more 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.

(f) See also "day care center" as a principal use in § 280-29, and "day care as accessory to a place of worship" in § 280-25B.

(g) 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.

(h) 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.

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

(b) No fence, wall or hedge shall obstruct the sight requirements of § 280-56C.

(c) Fences:

[1] Front yard. Any fence located in the required front yard of a lot in a residential district shall:

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

[b] Not exceed four feet in height; and

[c] In a Historic District, such fence shall not be constructed from chain link metal. Fences are encouraged to be constructed using weather-resistant wood, vinyl materials that resemble wood, or vinyl materials that resemble historic-style metal post fences.

[2] On a corner lot, the maximum height of any fence shall be four feet within a yard that faces a street (not including a lot along an alley).

[3] Brick may be used for posts or as a base for a fence, provided the maximum fence height is not exceeded.

[4] On a corner lot, a fence shall meet the same requirements along both streets as would apply within a front yard. However, a fence in the second front yard may have a height of six feet and is not required to be an open-type fence if it is located to the rear of the principal building. A fence shall not be required to comply with minimum setbacks for accessory structures.

[5] Height. Fences that are not within a residential district shall have a maximum height of six feet in a minimum front yard setback and eight feet in other locations. A fence in a residential district, other than a required front yard, shall have a maximum height of six feet.

[a] However, a maximum of height of 12 feet shall be permitted where the applicant proves to the Zoning Officer that such taller height is necessary to protect public safety around a specific hazard, such as around an electric substation.

[b] Structural posts of a fence may extend above the height of the fence.

[6] Setbacks. No fence shall be built within an existing street right-of-way. A fence is not required to be set back from a lot line, but a small setback is recommended to provide for future maintenance of the fence.

[7] Fence materials. Barbed wire shall not be used as part of fences around dwellings. No fence shall be constructed out of fabric, junk, junk vehicles, appliances, tanks or barrels.

[8] Facing of fence. If one side of a fence includes posts or supports, those posts or supports shall be placed on the interior of the fence, as opposed to facing onto a street or another lot.

(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.

[2] Walls in the minimum front yard or the side or rear accessory building setback in a residential district shall have a maximum height of three feet. On a corner lot, the maximum height of any wall shall be three feet within a yard that faces a street. Any other wall that is within a required yard shall have a maximum height of six feet. This height limit shall not apply to a wall serving as a backing for a permitted sign if permitted by § 280-45.

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

(6) Garage sale.

(a) See definition in § 280-19. 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 12 consecutive months.

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

(d) See also Chapter 160, Garage Sales, in the Code of the Borough of Catasauqua.

(e) See sign provisions for garage sales in § 280-44.

(7) 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 or pickup by tractor-trailer trucks.

[6] The regulations of § 280-30D(10)(d) regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.

[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 three 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 not be permitted as a home occupation.

[12] The only allowed sign shall be one home occupation sign meeting § 280-44. Such sign shall not be illuminated and shall be attached to a building.

[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 amount of deliveries that will be needed, 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 the setbacks from other dwellings.

[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 barber shop 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.

[18] If a tenant is seeking special exception approval, written consent for the application shall be provided from the owner of the property.

[19] If a home occupation is discontinued for a period of over one year, then a new approval shall be required before the home occupation may be reestablished.

(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 routine visits to the home occupation by customers or more than one nonresident employee at a time.

[2] 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.

[3] 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 following: the existing or future street right-of-way, buffer yard, 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 § 280-56.

(d) Any storage of more than 50 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, and 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) See Chapter 105, Animals, of the Code of the Borough of Catasauqua, which regulates the number of animals. In any case, if more than 10 dogs over five months in age are kept on a lot, it shall be regulated by this chapter as a kennel.

(d) The keeping of up to two total pigeons, chickens, ducks, geese and/or similar sized animals shall be permitted on lot with a minimum lot area of 10,000 square feet.

(e) Animals shall only 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 a horse or similar sized animal, with one additional acre required for each additional such animal.

(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, venomous snakes that could be toxic to humans, hogs or sheep.

(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 § 280-26A, unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard, nor within 10 feet of any street right-of-way line (such as 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 § 280-26B.

(d) Parking of trucks and buses. The overnight parking of commercial trucks and buses on a primarily residential lot in a residential district is prohibited, except that the following shall be permitted if such vehicle(s) is used by residents of the dwelling to travel to and from work:

[1] The parking of a maximum of two vehicles, each of up to 14,000 pounds aggregate gross vehicle weight.

(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 14,000 pounds aggregate gross vehicle weight; or

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

(f) See setback exceptions in § 280-56B.

(g) A maximum of one motor vehicle that does not display a current state registration and license plate may be stored on a residential lot outside of an enclosed building. However, such unregistered motor vehicle shall not be stored for more than 30 days in any calendar year. See also Chapter 255, Vehicles, Abandoned, of the Code of the Borough of Catasauqua.

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

(a) Enclosure of pools. A new or existing swimming pool shall include a secure fence with a minimum four feet height or other enclosure meeting the requirements of the applicable Building Code.

(b) Location. Any pool deck or shelter that is elevated above the average surrounding ground level and the water surface of any pool shall be setback a minimum of 10 feet from any lot line. Patios around pools that are level with the average surrounding ground level are not required to be setback from lot lines. A pool is not permitted within a required front yard. A pool shall comply with limitations of any water or sewer easement.

(c) Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property. Such method may be subject to approval of the Zoning Officer.

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

(12) Unit for care of relative.

(a) The use shall meet the definition in § 280-19.

(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. A written plan shall be submitted showing how the separate unit will be changed to no longer be a separate unit. The 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.

(d) The applicant shall establish a legally binding mechanism that will prohibit the use of the accessory unit as a separate dwelling unit after the relative no longer resides within the unit. Such mechanism 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.

(13) Outdoor cafe.

[Added 6-1-2009 by Ord. No. 1238]

(a) The area devoted to the outdoor cafe shall not be permitted within 30 feet abutting a lot zoned for residential use at the perimeter of a district.

(b) The outdoor cafe area shall be separated from the street (and from the minimum forty-eight-inch wide usable walkway area or sidewalk) by a type of street furnishing that will provide a partial enclosure to the area and help to define the area. The separation of spaces shall be accomplished by:

[1] Fence made of wood, precast concrete, stone, brick , or other masonry, which shall be 36 to 42 inches in height.

[2] Planter boxes made of wood, precast concrete, stone, brick, or other masonry, which shall be 36 to 42 inches in height. Such planter boxes shall be at least 12 inches wide and have drain holes in the bottom. Planter boxes shall contain dwarf evergreen shrubs, or a combination of flowers and vines, which shall be installed prior to opening the outdoor cafe area, and shall be continuously maintained. Any plantings that die shall be replaced immediately thereafter.

[3] A type of temporary barricade such as a wooden partition wall, or wooden partition fence, that shall be 36 to 42 inches in height, and built to be stable, vertical and plumb during hours of use.

[4] Such fence, planter boxes, temporary barricade or other enclosure shall contain or enclose the outdoor cafe area on one to three sides, but shall not enclose it on four sides.

(c) The minimum height of umbrellas which project into the required minimum pedestrian walkway shall be 80 inches.

(d) Tables which are placed on the sidewalk directly abutting or adjacent to an outdoor cafe shall not exceed 13 square feet in area.

(e) It shall be unlawful for any person to erect, construct or maintain an outdoor cafe without first applying for and securing a permit therefor as hereinafter provided.

(f) Any person who shall desire to open an outdoor cafe in the Borough shall make application therefor (the applicant) in writing. Such application shall be accompanied by such application fee as required by a schedule of fees established by and amended from time to time by resolution of Borough Council. Such application shall be made upon forms provided by the Borough and shall set forth and include the following:

[1] The name and address of the applicant.

[2] A plan specifying the precise location of the outdoor portion of the outdoor cafe, including a calculation of the proposed occupant load.

[3] The written consent of the property owner, if different than the applicant.

[4] An agreement of indemnity as outlined below.

[5] The indoor seating capacity of the outdoor cafe.

[6] The type of outdoor cafe proposed by the applicant.

(g) No action shall be taken on any application for a permit under this subsection until the application has been completed in its entirety and the application fee, as required by a schedule of fees established and amended from time to time by resolution of Borough Council, has been paid in full. The schedule of fees shall be kept on file at Borough Hall.

(h) The applicant/property owner shall well and truly save, indemnify, defend and keep harmless the Borough, its officers, employees and agents from and against any and all actions, suits, demands, payments, costs and charges for and by reason of the existence of the outdoor cafe 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 such outdoor cafe or by the acts or omissions of the employees or agents of the applicant in connection with such outdoor cafe.

(i) There shall be no advertising displayed on umbrellas or tables which are located on the sidewalk directly abutting or adjacent to the outdoor cafe.

(j) There shall be no temporary signs or banners permitted outside of the outdoor cafe.

(k) The owner of the outdoor cafe is responsible for keeping the pedestrian walkway in front of the premises clean and free of trash and debris.

(l) Owners of an outdoor cafe must provide trash receptacles acceptable to the Borough which are located at the exterior of the premises.

(m) The owner shall maintain the outdoor cafe in accordance with the Borough ordinances and state and federal laws, as well as rules and regulations promulgated and adopted by the Borough which pertain to this use of outdoor cafes.

(n) The owner shall remove the outdoor cafe within 30 days after written notice if the Borough or the Zoning Officer determines that the outdoor cafe is detrimental to the health, safety and general welfare of the Borough or its citizens because one or more of the following conditions has occurred:

[1] Due to pedestrian traffic changes, the outdoor cafe narrows the sidewalk to the extent that pedestrian traffic is impeded.

[2] The outdoor cafe interferes with the maintenance or installation of an underground utility structure.

[3] The outdoor cafe is no longer being used as such.

[4] The outdoor cafe has been temporarily or permanently closed for violation of any Borough, state or federal law and/or regulation.

[5] The outdoor cafe is operated in violation of any ordinance, rule or regulation of the Borough.

(o) In the event that the owner fails to remove the outdoor cafe within 30 days after written notice, the Borough may proceed to remove and restore the area and charge the owner for the cost thereof. Should the outdoor cafe be removed by the Borough, the owner shall be entitled to a return of the equipment, furnishings or appurtenances so removed only after the payment of all costs due to the Borough and by requesting the return in writing. The responsibility for removal under the provisions of this subsection shall be the sole responsibility of the owner without any obligation or cost assessed against the Borough.

(p) No exterior music shall be played on public sidewalks.

(q) The outdoor cafe shall not be permitted after 10:30 p.m.