Borough of Baden, PA
Beaver County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Baden as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Building construction — See Ch. 55.

Uniform construction codes — See Ch. 71.

Hearing fees and costs — See Ch. 86, Art. I.

Flood damage prevention — See Ch. 95.

Mobile homes — See Ch. 124.

Streets and sidewalks — See Ch. 163.

Swimming pools — See Ch. 166.

Trees — See Ch. 174.

ARTICLE I
General Provisions (§ 193-1 — § 193-27) 

ARTICLE II
Sexually Oriented Businesses (§ 193-28 — § 193-42) 

Article I General Provisions
Article II Sexually Oriented Businesses
[Adopted 12-28-1983 by Ord. No. 751]

§ 193-1
Title. 

§ 193-2
Purpose; objectives. 

§ 193-3
Definitions. 

§ 193-4
Establishment of districts. 

§ 193-5
Zoning Map. 

§ 193-6
Interpretation of boundaries. 

§ 193-7
General restrictions. 

§ 193-8
R-1 Suburban Residential District. 

§ 193-9
R-2 General Residential District. 

§ 193-10
R-3 Urban Residential District. 

§ 193-11
C-1 Local Business District. 

§ 193-12
C-2 Highway Commercial District. 

§ 193-12.1
C-3 General Commercial District. 

§ 193-13
LI Light Industrial District. 

§ 193-14
R-4 Conservation Residential District. 

§ 193-15
F Floodplain District. 

§ 193-16
Conditional uses. 

§ 193-17
Special exceptions. 

§ 193-18
Signs. 

§ 193-19
Parking and loading requirements. 

§ 193-20
Mobile home courts. 

§ 193-21
Supplementary regulations. 

§ 193-22
Nonconforming uses. 

§ 193-23
Administration and enforcement. 

§ 193-24
Amendments. 

§ 193-25
Interpretation of provisions. 

§ 193-26
Causes of action; remedies. 

§ 193-27
Violations and penalties. 

A. 

Long title: An ordinance of the Borough of Baden, Beaver County, Pennsylvania, amending all prior ordinances dealing with and regulating and restricting the height, number of stories and size of buildings and other structures; their construction, alteration, extension and all facilities and services in and about such buildings and structures; the percentage of lot that may be occupied, the size of yards, courts and other open spaces; the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes; establishing and maintaining building lines and setback building lines upon any or all public roads and highways; establishing for such purposes districts and defining the boundaries thereof; providing for appointment of a Zoning Hearing Board and setting forth the duties and functions of said Board; providing for the administration and enforcement of this article and imposing fines and penalties for violation.

B. 

Short title: This article shall be known and may be cited as the "Zoning Ordinance of the Borough of Baden," and the district map shall be known and may be cited as the "Borough of Baden Zoning Map."

A. 

This article has been enacted for the purpose of lessening congestion on the roads and highways; to secure safety from fire, panic and other danger; to promote health, morals and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue congestion of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks and other requirements.

B. 

Community development objectives. This article has been enacted as a means of furthering the community development objectives of the Borough of Baden as delineated in the document, Future Land Use and Policy Guidelines, 1983. The more particularized community development objectives relate to the following elements:

(1) 

Creation and maintenance of orderly development patterns and the coordination of relationships between living, working and recreation areas of the community to provide for functionally distinguishable but complimentary districts.

(2) 

Improvement of the aesthetic quality of the community.

(3) 

Protection of the residential character and qualities of the community.

(4) 

Maintenance and expansion of the municipal economic base.

(5) 

Protection of the natural environmental quality and significant open space features throughout the Borough.

(6) 

Control of population density consistent with the ability of the community to expand in an orderly manner.

(7) 

Development of accessways, utilities, municipal services and community facilities consistent with local needs.

(8) 

Prevention of blight, preservation of the value of property and to seek the highest and best use of developable land areas.

A. 

Interpretation. For the purpose of this article, certain terms and words shall be interpreted or defined as follows:

(1) 

Words used in the present tense shall include the future.

(2) 

Words used in the singular shall include the plural, and the plural shall include the singular.

(3) 

The word "person" includes a corporation as well as an individual.

(4) 

The word "lot" includes the words "plot" or "parcel."

(5) 

The term "shall" is always mandatory.

(6) 

The words "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended," "arranged" or "designed to be used or occupied."

(7) 

The word "building" includes the word "structure."

(8) 

The word "erected" shall include the word "constructed."

(9) 

The word "moved" shall include the word "relocated."

B. 

Meaning of words. Unless otherwise expressly stated, the following words shall, for the purpose of this article, have the meanings herein indicated:

ACCESSORY BUILDING OR STRUCTURE
Includes but is not limited to the following, which are subordinate to the principal buildings or uses on the same lot:
(1) 

In all residential zones:

(a) 

Children's playhouse, picnic shelter, greenhouse (noncommercial), garage, carport, garden house or storage building for domestic storage.

(b) 

Swimming pool, ornamental pool, tennis court, basketball court or similar private recreational facility.

(c) 

Storage of camping trailers, boats and similar equipment, which are owned or leased for noncommercial purposes, for the use of the residents of the premises.

(d) 

Home gardening.

(2) 

In commercial and industrial zones:

(a) 

Storage of merchandise and goods normally carried in stock in conjunction with the principal use, on the same parcel or lot of ground.

(b) 

Storage of goods used in, or produced by, manufacturing activities on the same parcel or lot of ground.

(3) 

In all zones:

(a) 

Off-street motor vehicle parking areas and loading and unloading areas.

(b) 

Fences and ornamental walls and landscape features.

ACCESSORY USE
A use which is subordinate and incidental to the main use or uses on the same lot or premises. Said uses shall not include nonconforming uses under the terms of this article.
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts or exit facilities or an enlargement, whether by extending on a side, front or rear or by increasing in height, or the moving from one location to another, or any change in use from that of one zoning district classification to another.
ALTERATION, STRUCTURAL
Any change in the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.
APARTMENT
A room or suite of rooms in a multifamily structure designed for use as a single housekeeping unit and which contains a functional kitchen, bath and toilet facilities, permanently installed.
AUTOMOTIVE REPAIR
Engine maintenance, repair or reconditioning, collision repair, including straightening and repainting, replacement of parts and incidental services.
BASEMENT or CELLAR
A portion of a building partly or completely below grade. It shall be considered a building story if more than 50% of its clear height is above the average level of the adjoining ground.
BILLBOARD
Structure, building wall or other outdoor surface used to display lettered, pictorial, sculptured or other matter which directs attention to any product, announcement, commodity or service offered only elsewhere than on the premises, or as a minor and incidental service on the premises.
BUILDING
An independent and detached structure having a roof supported by columns or walls or resting on its own foundation; including but not limited to mobile homes, garages, greenhouses and other accessory buildings, and utilized for housing, shelter or enclosure of persons, animals, chattel or activity sites.
BUILDING AREA
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, patios, terraces and steps.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the finish grade.
BUILDING LINE
The line of that face of the building nearest the front line of the lot. This face includes porches, whether enclosed or not, patios and similar construction, but excludes steps.
CARPORT
A usable covered space of not less than 10 by 20 feet for storage of private automobiles, located independently on the lot so as to meet the requirements of this article for an accessory building or, if attached to the main building, to meet all requirements applicable to the main building.
CLINIC
An establishment where human patients are examined and treated by doctors, technicians, dentists or similar professional practitioners on an outpatient basis not involving overnight detaining.
CLUSTER DEVELOPMENT, RESIDENTIAL
The development of an area of land as a single entity, for a variety of housing types and related uses, under specified performance and dimensional requirements which permit specified variations to standard zoning regulations which apply to the zoning district in which the cluster development is permitted.
COMMERCIAL BUSINESS
Engaging in a business, enterprise, activity or other undertaking related to or connected with trade and traffic or commerce in general.
COMMISSION, PLANNING
The legally appointed Planning Commission of the Borough of Baden, Beaver County, Pennsylvania.
CONDITIONAL USE
A use of land to be permitted or denied by the governing body following study and recommendations by the Planning Commission, pursuant to express standards and criteria set forth in this article.
CONVERSION APARTMENT
A suite of rooms, consisting of at least one private bedroom, one additional habitable room, one bathroom and separate and private sanitary cooking facilities, designed or intended for occupancy by one family, which is established in a portion of a building originally used or designed for residential use as a single-family unit.
COVERAGE
That percentage of the lot area covered by the principal and accessory structures.
DAY-CARE CENTER
A facility in which child day-care services are provided for seven or more school age, preschool or infant children in an institutional-related structure suitable for such functions.
[Added 6-15-1994 by Ord. No. 820]
DAY-CARE/FAMILY HOME
Any family residence other than a child's own home or the home of a child's relative, operated for profit or not for profit, in which child day-care is provided at any one time to four, five or six school-age children (the date the child initially enters the first grade of a public or private school system to 12 years of age), preschoolers (approximately three years of age to initial school entry at the first grade level of a public or private school system) or to infants and toddlers (from birth to approximately three years of age) who are not relatives of the caregiver.
[Added 6-15-1994 by Ord. No. 820]
DWELLING
A building or portion thereof providing complete housekeeping facilities for one family.
(1) 

— A detached building designed for or occupied exclusively as a residence for one family.

(2) 

— A detached building designed for or occupied exclusively by two families living independently of each other, with separate entrances.

(3) 

— A structure containing three or more separate dwelling units for families living independently of each other, but which may provide joint services and/or facilities.

ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by public utilities, municipal departments or commissions, including buildings necessary for furnishing adequate services, for public health, safety or general welfare.
FAMILY
One or more persons who live together in a single housekeeping unit and maintain a common household, as distinguished from a group occupying a boardinghouse or a group residential facility, as hereinafter specifically provided for in the provisions of this article. A family may consist of a single person or of two or more persons, whether or not related by blood, marriage or adoption.
[Amended 6-15-1994 by Ord. No. 820]
FLOOR AREA
The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of exterior walls or from the center line of common walls separating buildings. For determining parking and loading space requirements under this article, the following areas shall not be included: cellar storage areas, elevator shafts and stairwells, floor area for mechanical equipment required to service the needs of the building, open terraces, breezeways and open porches.
GARAGE
A "private garage" is an accessory building with area for housing motor-driven vehicles, which is the property of and for the use of the occupants of the lot on which the garage is located. A "public or private garage" is any garage other than a "private garage," as defined herein, available to clients, operated for gain and which is used for storage, repair, rental, lubricating, washing and servicing or equipping of motor vehicles.
GARDEN (APARTMENT) DWELLING
A multifamily residential building, not exceeding three stories in height, in which units are arranged side to side, back to back or one above another, which may have either private external entrances or common hall access and which may have private exterior yard area for each unit.
GROUP RESIDENTIAL FACILITY
A facility typically referred to as a "care home," "halfway house," "convalescent home" or similar designation, that is situated in and operated from a single-family detached residential structure that provides room, board and limited supervised health, social or rehabilitative services in a family living environment. Such facilities and related services shall be limited to individuals who, because of age, infirmity, convalescence, disability or related circumstances, require specialized accommodations but who are not in need of hospitalization or incarceration. Nothing in this definition shall be construed to include a hospital or institutional facility, as hereinafter defined and provided for in this article, or any other facility which provides for persons who are unable, by reason of being in some manner impaired, to reside and commune in a common single-family environment in an independent manner.
[Added 6-15-1994 by Ord. No. 820]
HEIGHT
The height of a building shall be measured from the mean level of the ground at the periphery of a building to a point midway between the highest and lowest points of the roof. Chimneys, spires, towers, tanks and similar projections shall not be included in calculating the "height."
HOME GARDENING
The cultivation of herbs, fruits, flowers or vegetables on a piece of ground adjoining the dwelling.
HOME OCCUPATION
An accessory use of a service or product-oriented character conducted within a dwelling unit by the residents thereof, which is clearly subordinate to the use of the dwelling for living purposes and does not change the character thereof or have exterior evidence of such subordinate use other than a small announcement sign, and in connection therewith, there is not involved the exterior keeping of or exhibition of stock-in-trade. In the pursuit of such activities, all operations shall be conducted indoors.
HOSPITAL
Includes sanitarium, clinic, rest home, nursing home, convalescent home and any place utilized for the diagnosis, treatment or other care of humans which provides for overnight accommodation.
HOTEL or MOTEL
A building or a group of buildings in which lodging is provided and offered to the general public or to a select group of patrons for compensation.
INSTITUTIONAL FACILITY
An establishment that provides room and board to persons who are residents by virtue of receiving supervised specialized services limited to health, social and/or rehabilitative services provided by a governmental agency, their licensed or certified agents or any other responsible social service corporation. Hospitals, mental health establishments and nursing homes shall be considered "institutional facilities." "Institutional facilities" may include day-care facilities and housing resources for staff and associated personnel.
[Added 6-15-1994 by Ord. No. 820]
JUNK
Any discarded material or article and shall include but shall not be limited to scrap metal, abandoned or junked motor vehicles or vehicle parts, machinery or machinery parts, papers, glass and related items, containers or partially dismantled structures or parts thereof. It shall also include a partially dismantled motor vehicle not bearing current registration plates and which is not in the process of ongoing and immediate repair. It shall not include refuse or garbage kept in a proper container for the purpose of prompt disposal.
JUNKYARD
The use of more than 200 square feet of the area of any lot for storage, keeping or abandonment of junk.
KENNEL
Any structure, pen or area set aside for the breeding, boarding, show, grooming or keeping of dogs, cats or similar domestic animals. For purposes of this article, the keeping of four or more such animals shall be deemed a "commercial kennel."
LOT
The parcel of land on which a main building and any accessory buildings are placed, together with the required open spaces.
(1) 

— The horizontal surface area within the lines of the lot.

(2) 

— A lot at the junction of and having frontage on two or more intersecting streets or roads.

(3) 

— The mean horizontal distance between the front and rear lot lines.

(4) 

— In the case of a corner lot, a line separating the narrowest frontage of the lot from the street; and in the case of an interior lot, a line separating the lot from the street or place.

(5) 

— The mean horizontal distance across the lot between the side lot lines measured at right angles to the depth.

MANUFACTURING, LIGHT
The processing, handling or fabrication of materials and products, where no processes are involved which will produce noise, vibration, air pollution, fire hazard, noxious emission, traffic or other factors which will disturb or endanger neighboring properties.
MINIWAREHOUSE
A building or portion thereof designed and used for storing personal property of an individual or family separate from their residential site. This shall not include the storage of any merchandise, stock, furnishings or vehicles in conjunction with a business or commercial activity.
[Added 6-15-1994 by Ord. No. 820]
MULTIPLE DWELLING
A building designed for and occupied exclusively as a residence for two or more families living independently of each other, including houses separate except for common adjoining walls.
NEIGHBORHOOD COMMERCIAL
A neighborhood-oriented commercial facility that provides essential everyday needs to the residents of the immediate community and is not dependent upon transient or nonresident trade.
NONBUSINESS USES
Service or charitable activities conducted on a voluntary or nonprofit basis by individuals or public or service groups and organizations.
NONCONFORMING USE
A building, structure or premises lawfully occupied at the time of the enactment of this article by a use that does not conform to the provisions of this article for the district in which it is located; also such use resulting from amendments to the Zoning District Map or in text provisions made hereafter.
PERSONAL SERVICES
The provision of services, as opposed to goods, designed to meet an individual's and a neighborhood's everyday needs in day-to-day life whether those needs are necessities or nonessentials, such as but not exclusively beauty/barber shops, nail boutiques, laundromats, dry cleaners, or financial institutions. However, this term shall not include any service that is otherwise specifically defined in this article.
[Added 1-19-2005 by Ord. No. 889]
PHILANTHROPIC USE
Limited to public and semipublic activities which involve and relate exclusively to charitable, benevolent and public-oriented service functions, such as provided by the American Red Cross, Salvation Army, social centers sponsored by public or semipublic organizations or similar groups.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
Development of a tract of land for primarily residential purposes under single ownership or control, the development of which is unique and of a substantially different character than that of the surrounding area. Such development shall be based on a plan that allows for flexibility of design not available under standard zoning district requirements.
PRINCIPAL USE
The major or dominant use of a lot.
PRIVATE CLUB, LODGE
An organization catering exclusively to members and their guests at premises for social, recreational or athletic purposes which are not conducted primarily for gain, provided that any merchandising or commercial activities are conducted only as required generally for the membership of such organization.
PROFESSIONAL OFFICE
An office or business conducted by an individual or association dealing with medicine, law, accounting, real estate, architecture, engineering, finance or related services.
(1) 

— Developed or undeveloped open spaces and/or structures and facilities which are provided by a governmental body for public use for the purposes of play, amusement or relaxation. Such uses may include sports facilities, parks, assembly buildings, passive areas, gardens and related amenities.

(2) 

— Developed or undeveloped open spaces and/or structures and facilities which are provided by individuals or private organizations for the use of specified individuals or groups of individuals sharing common relationships or associations for the purposes of play, amusement or relaxation. Such uses may include sports facilities, parks, assembly buildings, passive areas, gardens and related amenities.

ROW HOUSE or TOWNHOUSE
A multifamily dwelling structure consisting of at least three single-family dwelling units that are attached side by side by unpierced party walls.
SCREEN (BUFFER) PLANTING
An arrangement of vegetative material of sufficient height and density to conceal from view of property owners in adjoining residential districts the structures and uses on the premises on which the screen or buffer planting is located.
SERVICE (FILLING) STATION
A building, buildings, premises or portions thereof which are used for the retail sale of gasoline or other fuel for motor vehicles as well as minor automobile repair and servicing.
SIGNS
Any writing (including letter, word or numeral); pictorial representation (including illustration or decoration); emblem (including device, symbol, trademark, banner or pennant); or any other figure of similar character, which:
(1) 

Is a structure or any part thereof, or is attached to, painted on or in any other manner represented on a building or other structure; and

(2) 

Is used to announce, direct attention to or advertise.

SPECIAL EXCEPTION
The permission or approval expressly granted by the Zoning Hearing Board after formal application in situations where provision therefor is made by the terms of this article.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STREET
A public or private way, other than an alley, which affords the principal means of access to abutting properties. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive, place or other appropriate name.
STREET LINE
The line defining the edge of the legal width of a dedicated street right-of-way.
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
TRAILER COURT or MOBILE HOME COURT
Any plot of ground upon which provision is made for two or more trailers (mobile homes) occupied for dwelling or sleeping purposes. The terms "trailer" or "mobile home park," "camp" or similar designations shall be interpreted to have the same meaning as the term "trailer court" or "mobile home court."
TRAILER or MOBILE HOME
A mobile dwelling that is movable or portable by virtue of being constructed in a manner to permit its movement on its own chassis and designed without a permanent foundation, regardless of whether a permanent or semipermanent foundation is actually provided, and containing sleeping accommodations, a flush toilet, tub and/or shower bath, kitchen facilities and plumbing and electrical connections for attachment to outside systems.
TRAILER, CAMPING
A portable vehicular structure built on a chassis and designed for use as a temporary dwelling for travel, recreation and vacation uses.
USE
The purpose of the activity for which the land or building thereon is designed, arranged or intended or for which it is occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VARIANCE
A modification of the literal provisions of this article which the Zoning Hearing Board is permitted to grant when strict enforcement of said provisions would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought.
YARD
A space on the same lot with a principal structure, open, unoccupied and unobstructed by structures, except as may be otherwise provided in this article.
(1) 

— A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar improvements, the depth of which is the least distance between the front lot line and the building line.

(2) 

— A yard extending across the full width of the lot between the rear of the principal building and the rear lot line, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar improvements.

(3) 

— A yard between the principal structure and the side lot line, extending from the front yard, or from the front line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at 90° with the side lot line, from the nearest part of the principal building.

ZONING HEARING BOARD
The Board assigned the duties of judging various appeals of persons aggrieved by the interpretation of this article and further assigned to consider the qualification of special exceptions under the terms and conditions specified in this article.
ZONING MAP
The Zoning Map or maps which are part of this article, together with all amendments subsequently adopted.
ZONING OFFICER
The individual authorized by the legislative body to be the administrator of the day-to-day application of the provisions contained in this article.
ZONING PERMIT
A statement signed by the Zoning Officer indicating that the application for permission to construct, alter or add is approved and in accordance with the requirements and terms of this article.
[Amended 12-20-1995 by Ord. No. 832]

For the purpose of applying the provisions of this article, the Borough of Baden is hereby classified and divided into the following Zoning Districts:

R-1 Suburban Residential District
R-2 General Residential District
R-3 Urban Residential District
R-4 Conservation Residential District
C-1 Local Business District
C-2 Highway Commercial District
C-3 General Commercial District
[Added 2-16-2004 by Ord. No. 853]
LI Light Industrial District
F Floodplain District

The location of the boundaries of the established zoning districts are shown on the Zoning Map adopted by the Borough Council, on file in the office of the Borough Secretary. Said Zoning Map together with amendments and all explanatory matter thereon shall be deemed to accompany, be and is hereby made a part of this article.

District boundaries shall be determined as follows:

A. 

Where district boundaries are indicated as approximately following the center lines of streets, highways, street lines, highway right-of-way lines or streams, such center lines shall be construed to be such boundaries.

B. 

Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.

C. 

Where district boundaries approximately follow a railroad, such boundary shall be deemed to be located in the center of such railroad right-of-way.

D. 

Where the boundary of a district follows a stream or other body of water abutting another municipality, the boundary shall be deemed to be the limits of jurisdiction of the Borough, unless otherwise indicated.

E. 

Where streets, property lines or other physical boundaries and delineations are not applicable, boundaries shall be determined by the scale shown on the original Zoning Map on file in the office of the Borough Secretary.

F. 

Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Map, or in other circumstances not covered in this section, the Zoning Hearing Board shall interpret the district boundary.

G. 

When a district boundary line divides a lot held in single and separate ownership at the effective date of this article, the regulations which apply to the use in a less restricted district shall extend over the portion of the lot in the more restricted district a distance of not more than 100 feet beyond the district boundary line.

A. 

Use of property. Following the effective date of this article, no building or land shall be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations specified for the Zoning District in which it is located or applicable special regulations.

B. 

Restrictions.

(1) 

Following the effective date of this article, no building shall hereafter be erected or altered:

(a) 

To exceed the height;

(b) 

To accommodate a greater number of families;

(c) 

To occupy a greater percentage of lot area; or

(d) 

To have narrower or smaller rear yards, front yards or side yards than are specified herein for the zoning district in which such building is located.

(2) 

No part of a yard or other open space required about any building for the purpose of complying with the provisions of this article shall be included as a part of a yard or other open space similarly required for another building.

A. 

Statement of purpose. The R-1 Suburban Residential District is established to provide sites for continued residential growth within the confines of the Borough of Baden, together with supplementary uses which are in support of and compatible with predominantly single-family neighborhoods. The regulations which govern this District have been developed for the purpose of maintaining the character and the qualities of this developing area of the Borough and to ensure adequate light, air, privacy and open space for each dwelling unit.

B. 

Permitted uses. The following uses shall be permitted in the R-1 District:

(1) 

Single-family detached residential dwellings.

(2) 

Municipal buildings.

(3) 

Essential services.

(4) 

Educational, religious and philanthropic uses.

(5) 

Public recreation facilities.

C. 

Accessory uses. The following accessory uses shall be permitted:

(1) 

Uses customarily incidental and accessory to the permitted use of the site as defined in § 193-3 of this article.

D. 

Conditional uses. The following conditional uses may be permitted in accordance with the provisions of § 193-16 of this article and the standards and criteria listed herewith:

(1) 

Duplex and row housing, pursuant to the following standards and criteria:

(a) 

Row houses shall be limited to a maximum of four single-family dwelling units per structure.

(b) 

Minimum lot area requirements specified for single-family detached dwelling units in the R-1 District shall apply to every dwelling unit which is contained in a duplex or row house structure.

(c) 

Off-street parking facilities for each dwelling unit contained in a duplex or row house structure shall be at least 1.5 times the requirement for single-family detached dwellings in the R-1 District.

(d) 

Side, rear and front yard requirements for single-family detached dwelling units in the R-1 District shall apply to each duplex and row house structure.

(2) 

Agricultural uses.

(a) 

Permitted activities of an agricultural nature shall be interpreted to mean normal on-farm functions characteristic of area-wide practices. Permitted agricultural uses shall not be interpreted to include farm-oriented industrial operations, such as food- or livestock-processing plants, holding pens, slaughterhouses or similar operations and activities which process or in some manner handle products not produced on the immediate premises. Sale of products produced on the premises shall be permitted.

(b) 

A minimum site of five contiguous acres shall be required.

(c) 

Accessory structures utilized for agricultural purposes shall be a minimum distance of 100 feet from any adjoining property line.

(d) 

Primary access for farm purposes shall be provided via primary roads or highways. Traversing of secondary residential access streets shall not be permitted for use by agricultural vehicles and equipment unless authorized by the Borough Council as part of the approval for a conditional use.

(3) 

Day-care/family homes, pursuant to the following standards and criteria:

[Added 6-15-1994 by Ord. No. 820]

(a) 

All activities shall be conducted in an occupied detached single-family residence.

(b) 

Activities shall be limited to functions normally associated with the part-time tending of children and shall not include overnight lodging.

(c) 

Activities shall be conducted within a home atmosphere that is void of any special facilities or appurtenances other than secure play areas and/or apparatus that are deemed to be normal single-family accessory uses within the immediate neighborhood.

(d) 

Safe off-street pickup and dropoff areas shall be provided at the site.

(e) 

Outdoor play areas shall be fenced to control access to adjacent properties and vehicular ways. No portion of the outside play areas shall be less than 15 feet from a neighboring dwelling without the owner's written consent. Outdoor play shall be limited to the hours 8:00 a.m. and 7:00 p.m., prevailing local time.

(f) 

A minimum of 100 square feet of usable outdoor play space and 20 square feet of usable indoor space shall be provided for each child present at the facility, including resident children.

(g) 

Day-care services shall be limited to a total of six children at any one time for the following categories of clientele (a mix of categories shall be permitted):

[1] 

Preschoolers. At no time shall the number of children in care exceed six, excluding relatives (for purposes of these requirements, "relative" shall be deemed to be a child, stepchild, grandchild, brother, sister, half brother, half sister, aunt, uncle, niece, nephew, stepbrother or stepsister) of the caregiver.

[2] 

Infants and toddlers. There shall be no more than four infants and/or toddlers in a family day-care home at any one time, including relatives (for purposes of these requirements, "relative" shall be deemed to be a child, stepchild, grandchild, brother, sister, half brother, half sister, aunt, uncle, niece, nephew, stepbrother or stepsister) of the caregiver.

[3] 

School-age children. At no time shall the number of children in care exceed six children, excluding relatives (for purposes of these requirements, "relative" shall be deemed to be a child, stepchild, grandchild, brother, sister, half brother, half sister, aunt, uncle, niece, nephew, stepbrother or stepsister) of the caregiver.

(h) 

The Chief or designated agent of the Borough Fire Department shall inspect the premises to evaluate emergency access, fire hazards, evacuation provisions, structure layout, fire alarm devices and emergency fire-fighting provisions.

(i) 

All rules, requirements and guidelines promulgated in the Day-Care Service for Children Regulations - Family Day-Care Homes, Chapter II, Section 8C of the Pennsylvania Department of Public Welfare Social Services Manual, effective June 13, 1981, and any amendments subsequent thereto, shall be strictly observed. All required state licenses and certifications shall be obtained as conditions precedent to granting of required Borough zoning and occupancy permits.

(4) 

Day-care centers, pursuant to the following standards and criteria:

[Added 6-15-1994 by Ord. No. 820]

(a) 

Day-care centers shall be located only in public or semipublic institutional buildings such as schools, churches, governmental or similar structures which meet all requirements specified by the Pennsylvania Department of Public Welfare for such activities. Day-care centers shall not be conducted on residential premises.

(b) 

Activities shall be limited to functions normally associated with part-time tending of children and shall not include overnight or drop-in care.

(c) 

Operational hours shall be limited to the hours between 7:00 a.m. and 8:00 p.m., prevailing local time.

(d) 

The Chief or designated agent of the Borough Fire Department shall inspect the premises to evaluate emergency access, fire hazards, evacuation provisions, structure layout, fire alarm devices and emergency fire-fighting provisions.

(e) 

All rules, requirements and guidelines promulgated in the Regulations for Child Day-Care Centers, Chapter II, Section 8A of the Department of Public Welfare Social Services Manual, effective April 1, 1978, and any amendments subsequent thereto, shall be strictly observed. All required state licenses and certifications shall be obtained as conditions precedent to granting of required Borough permits.

(5) 

Group residential facilities, pursuant to the following standards and criteria:

[Added 6-15-1994 by Ord. No. 820]

(a) 

All operations shall be established and operated in a manner that protects and maintains the existing and proposed character of the neighborhood and the vicinity in which they are situated. No use or activity shall be conducted that is in any manner detrimental to, or incompatible with, an acceptable residential environment.

(b) 

The facility shall be situated in and operated from a single-family detached residential structure. All lodging and service operations shall be limited to the ground floor and second story of the structure.

(c) 

Lodging and services shall be provided in a family environment as opposed to an institutional setting.

(d) 

The group residential facility shall not include business or professional offices (other than incidental offices), business activities, fraternal or social clubs, hospitals, clinics or other such activities.

(e) 

The following minimum distances shall be maintained between group residential facility sites:

[1] 

In R-1 Districts, a minimum of 1,600 linear feet.

[2] 

In R-2 Districts, a minimum of 1,000 linear feet.

[3] 

In R-3 Districts, a minimum of 1,000 linear feet.

(f) 

No exterior alterations, additions or accessory structures shall be constructed that are not customary and compatible with residential structures and uses within the immediate neighborhood.

(g) 

Landscaping and architectural treatment of all lands and structures shall be in harmony with the immediate neighborhood.

(h) 

All lands and structures shall be maintained so as to enhance the visual appearance of the areas and the community of which they are a part.

(i) 

Lot, yard and all other dimensional requirements of the applicable zoning district shall be met. The lot on which the facility is situated shall include a minimum of 1,600 square feet of exterior on-site open space which is maintained and suitable for passive and/or active recreational use.

(j) 

In addition to normal residential parking requirements, parking facilities shall be provided at the rate of one off-street space for every three resident clients. No on-street parking shall be permitted.

(k) 

Signs shall be limited to one permanent identification sign not to exceed three square feet in total area. No moving, flashing or intermittently lighted signs shall be permitted. Illumination shall be permitted, provided that it does not blind, distract or produce glare on off-site streets or properties.

(l) 

The number of residents in any single group residential facility shall be limited to no more than six persons, including client residents, resident staff and family of staff.

(m) 

Supervision shall be provided by responsible and appropriately qualified adults on the premises on a twenty-four-hour-a-day basis. A minimum of one such adult shall be in residence at the facility at all times.

(n) 

Sanitary facilities, consisting of a sink, water closet and tub or shower shall be provided at a ratio of one each for every three inhabitants of the facility.

(o) 

A dining area shall be provided that is of sufficient size to accommodate all clients and residents at a single seating.

(p) 

A minimum of 72 square feet of contiguous private sleeping and personal areas shall be provided for each client. Said area, for purposes of this requirement, shall be computed exclusive of common use areas such as circulation areas, storage areas, dining areas, kitchen and food preparation areas, game rooms and related recreation or instruction areas and other common use spaces.

(q) 

As part of the conditional use application process, the Chief of the Borough Fire Department or the designated agent thereof shall inspect the premises to evaluate access, fire escape provisions, structure layout, fire extinguishers and smoke and fire alarm devices.

(r) 

The building must be readily accessible to fire-fighting equipment and evacuation operations at all levels along the entire external perimeter.

(s) 

The sponsor shall file annually with the Borough Secretary and the Zoning Officer information certifying that the facility continues to adequately meet the conditions of the original approval. Changes in ownership, sponsorship or of any conditions of original approval shall constitute a new use, and the full conditional use procedure for obtaining approval of a new use shall be exercised.

(t) 

In considering a request for establishment of a group residential facility under the provisions for conditional uses in the Borough, the Planning Commission may recommend and the Borough Council may attach any reasonable conditions and safeguards beyond those expressed in this article and other applicable codes duly enacted.

(u) 

Documentation shall be submitted which certifies approval of sewage disposal provisions by the Sewage Enforcement Officer, and certification shall be provided from competent sources that adequate water supply is available.

(v) 

All required licenses, certifications and other authorizations shall be obtained from the Commonwealth of Pennsylvania Department of Labor and Industry, Department of Public Welfare and any other federal, state or county agency having jurisdiction prior to the approval of the conditional use. The applicant shall demonstrate to the Borough Council that the proposal for establishing such a facility satisfies a demonstrated need and will be conducted in a responsible manner without detriment to surrounding properties.

(6) 

Institutional facilities, pursuant to the following standards and criteria:

[Added 6-15-1994 by Ord. No. 820]

(a) 

Land uses shall be limited to the following structures and related activities:

[1] 

Hospital/nursing home for long-term care.

[2] 

School/day-care center.

[3] 

Chapel.

[4] 

Cemetery.

[5] 

Housing for staff and associated personnel.

(b) 

An application shall be filed with the Borough Planning Commission and Borough Council for a conditional use for establishing an institutional facility or for modifying the site plan of an existing facility or previously approved site plan through the addition of a primary structure or structures. Said application shall be supported by documents, maps, plans and other materials that contain the following information and such other related data as may be specified by the Borough Planning Commission and Borough Council:

[1] 

Name and address of the owner and/or applicant and documentation that the applicant, if not the owner, has the permission of the owner to make application and act as agent for the owner.

[2] 

Legal description, street address and other identifying data concerning the site.

[3] 

A description of the precise nature of the proposed use and its operating characteristics and measures proposed to make the use compatible with other properties in the vicinity. This data shall include a description of proposed supervision procedures and policies.

[4] 

A dossier on the organization and all principals involved in any manner with the control, establishment and operation of the facility for which the application is being made and any pertinent documentation deemed necessary by Borough Council and officials to evaluate the application.

[5] 

A site plan showing proposed development of the site, including topography, existing and proposed building locations on the site and contiguous properties, proposed parking, traffic circulation, usable open space, landscaped areas and utilities and drainage control features.

[6] 

Building plans and elevations in sufficient detail to indicate the dimensions, general appearance, scale and interior plan of all buildings.

[7] 

Such additional material as may be prescribed or that the applicant may submit pertinent to the application and to the findings prerequisite to the issuance of a conditional use permit.

(c) 

All uses in conjunction with a conditional use permit authorized by Borough Council pursuant to this section shall comply with the following:

[1] 

Compliance with any and all local, state, county and federal laws and regulations relating to the approval, development, construction and operation of the facility.

[2] 

The correction within the time specified of any violation by the facility owner or operator of any local, county, state or federal law, regulation, rule of enforcement order or any condition to any permit, license or authorization of authority issued in connection with the facility.

(d) 

The applicant shall obtain, as required, from each appropriate local, county, state and federal regulatory agency or authority, a permit issued in accordance with all applicable regulations for the proposed use. In the event that any required permits have not been issued at the time Borough zoning approval is requested, the zoning approval shall be expressly conditioned on the granting of necessary permits.

(e) 

All facilities shall be served by public sanitary sewer and water facilities consistent with all rules and regulations thereof.

(f) 

The development and continuing use of the institutional facility or hospital shall be in conformance with the following design standards:

[1] 

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

[2] 

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

[3] 

No structure shall be located within 40 feet of an adjacent property line or an adjacent site structure. Structures shall be set back a minimum distance of 75 feet from a public right-of-way.

[4] 

Structures within the total contiguous land area shall be established in conformity with the following criteria:

[a] 

No structure or group of related structures shall be erected within 20 feet of any other structure or group of structures.

[b] 

Single-family detached dwellings, garden apartments (cluster units with private external entryways) and townhouses (row houses) shall not exceed two stories in height above ground level.

[c] 

There shall be no continuous structure of townhouses containing more than four dwelling units.

[d] 

Multifamily apartment structures (structures with common internal access to individual units) shall not exceed four stories in height above ground level and shall be limited to a maximum of 10 units per floor.

[e] 

Gross density of staff and associated personnel family-dwelling units situated in single-family detached dwellings, garden apartments, townhouses and multifamily apartment structures shall not exceed five dwelling units per gross acre of the total institutional site.

[5] 

Parking shall not be located in front yard areas within 40 feet of any public right-of-way stipulated to the rear or side of site buildings. Shipping and receiving facilities, loading docks and service areas shall be located in side or rear yards and, if feasible, not facing on a public street. No parking or loading shall be permitted on public streets.

[6] 

Driveways, parking lots and dock service areas shall be paved with bituminous or concrete, adequately designed for the expected loading.

[7] 

On-site parking shall be provided at the following rates:

[a] 

One space per employee at maximum shift, plus two spaces per each family dwelling unit.

[b] 

One space per each six beds in a care facility.

[c] 

Common parking areas may serve more than one structure, provided that the number of spaces required for each specific structure are within 75 feet of said structure.

[8] 

The outdoor storage of materials, products, equipment and refuse shall be limited to areas that do not front on public streets. Screening shall provide year-round visual barriers from adjacent properties.

[9] 

Signs shall be placed on the face of the building, except for entrance and directional signs or a ground-mounted identification sign as an alternate to an identification sign on the building.

[10] 

The total ground areas of the site not covered by buildings, paved parking, interior roadways and service areas shall be landscaped. Front yard areas are to be landscaped with lawn and/or other plant materials such as trees and shrubs. Side and rear yards and all slopes are to be covered by grass, ground cover or other appropriate plant material. In no instance shall paving cover more than 20% of the gross site area.

[11] 

A buffer consisting of plant materials or other appropriate treatments shall be established and maintained along the site perimeter when deemed necessary by the Borough Council to protect the environmental quality and/or aesthetic and monetary values of residential properties that are adjacent to, or in reasonably close proximity to, the development site. Natural vegetation or existing topographical conditions may be utilized if approved by the Council as adequate to achieve the purposes of a buffer.

(g) 

In considering a request for a conditional use, the Planning Commission may recommend and the Borough Council may require any reasonable conditions and safeguards beyond those cited in this article and other applicable codes, rules and regulations duly enacted.

E. 

Special exceptions. The following uses may be permitted as special exceptions in accordance with the provisions of § 193-17 of this article and the standards and criteria listed herewith:

(1) 

Home occupations.

(a) 

Off-street parking shall be provided at the rate specified by § 193-19 of this article.

(b) 

No lighting, noise or other aspect of the use shall produce any nuisance factor to uses which are in proximity.

(c) 

No persons other than members of the family who reside on the premises shall be engaged in such occupation.

(d) 

Signs shall comply with the provisions of § 193-18 of this article.

(e) 

All operations shall be conducted inside the principal or legal accessory structures on the site.

(f) 

Activities shall be strictly limited to those which fall within the definition of "home occupations," as specified in § 193-3 of this article.

(2) 

Conversion apartments.

(a) 

Each dwelling unit shall contain a minimum of 400 square feet of habitable living area.

(b) 

Each dwelling unit shall be provided separate cooking and sanitary facilities.

(c) 

A maximum of two dwelling units shall be permitted in any one structure.

(d) 

Fire and safety provisions shall be adequate to meet all applicable local and state requirements. Certification of compliance shall be obtained from an authorized representative of the Baden Fire Department.

(e) 

In the absence of public sewer availability, certification shall be provided from the appropriate authority that on-site sewage disposal facilities are adequate to serve anticipated demands of the proposed use.

(f) 

Off-street parking shall be provided as specified in § 193-19 of this article.

F. 

Lot, area and dimensional requirements. The following requirements shall apply in the R-1 District:

(1) 

Minimum lot area shall be 7,500 square feet per dwelling unit where municipal sewerage and water systems are available. Where either municipal water or sewerage systems are not available, the minimum lot area shall be 20,000 square feet per dwelling unit.

(2) 

Minimum lot width shall be 50 feet at the building line for lots which require an area of 7,500 square feet. Minimum lot width shall be 75 feet at the building line for lots which require an area of 20,000 square feet.

(3) 

Minimum front yard depth shall be 20 feet from the front lot line.

(4) 

Minimum side yard width on each side of the lot shall be five feet. The minimum side yard width on the street side of a corner lot shall be 10 feet.

(5) 

Minimum rear yard depth shall be 20 feet from the rear lot line.

(6) 

No structure shall exceed 35 feet in height.

(7) 

Maximum lot coverage shall not exceed 45%.

A. 

Statement of purpose. The R-2 General Residential District is established to provide for the maintenance and protection of the quality of established and predominantly developed residential neighborhoods within the Borough of Baden. These regulations are intended to ensure adequate light, air, privacy and open space for each dwelling unit.

B. 

Permitted uses. The following uses shall be permitted in the R-2 District:

(1) 

Single-family detached dwellings.

(2) 

Duplex dwellings.

(3) 

Municipal buildings.

(4) 

Essential services.

(5) 

Educational, religious and philanthropic uses.

(6) 

Public recreation.

C. 

Accessory uses. The following accessory uses shall be permitted:

(1) 

Uses customarily incidental and accessory to the permitted use of the site, as defined in § 193-3 of this article.

D. 

Conditional uses. The following conditional uses may be permitted in accordance with the provisions of § 193-16 of this article and the standards and criteria listed herewith:

(1) 

Multifamily structures, pursuant to the following standards and criteria:

(a) 

Structures shall comply with all building, yard and area requirements which apply to the R-2 District.

(b) 

In addition to the above requirements, a minimum of 250 square feet of usable yard and/or recreational open space shall be provided for each dwelling unit.

(c) 

Off-street parking shall be provided as specified by this article and shall be suitably buffered from all adjacent single-family uses and vacant parcels of land.

(2) 

Mobile home courts, pursuant to the following standards and criteria: Mobile home courts may be established, modified or added to, only if such activity is carried out in strict compliance with the provisions of § 193-20 of this article.

(3) 

Day-care/family homes, pursuant to the following standards and criteria:

[Added 6-15-1994 by Ord. No. 820]

(a) 

The standards and criteria in § 193-8D(3) shall apply.

(4) 

Day-care centers, pursuant to the following standards and criteria:

[Added 6-15-1994 by Ord. No. 820]

(a) 

The standards and criteria in § 193-8D(4) shall apply.

(5) 

Group residential facilities, pursuant to the following standards and criteria:

[Added 6-15-1994 by Ord. No. 820]

(a) 

The standards and criteria in § 193-8D(5) shall apply.

E. 

Special exceptions. The following uses may be permitted as special exceptions in accordance with the provisions of § 193-17 of this article and the standards and criteria listed herewith:

(1) 

Home occupations: All provisions of § 193-8E(1) of this article shall apply.

(2) 

Conversion apartments: All provisions of § 193-8E(2) of this article shall apply.

F. 

Lot, area and dimensional requirements. The following requirements shall apply in the R-2 District:

(1) 

Minimum lot area shall be 7,500 square feet per dwelling unit for single-family dwelling structures where municipal sewerage and water systems are available. Where either municipal water or sewerage systems are not available, the minimum lot area shall be 20,000 square feet per single-family dwelling unit.

(2) 

Minimum lot area shall be 10,000 square feet for each duplex dwelling structure where municipal sewerage and water systems are available. Where either municipal water or sewerage systems are not available, the minimum lot area shall be 25,000 square feet for each duplex dwelling structure.

(3) 

Minimum lot area shall be 20,000 square feet for multifamily structures containing three dwelling units. Lot area shall be increased by a minimum of 800 square feet for each unit in excess of three. Multifamily dwelling units shall not be permitted in the absence of either municipal water or sewerage systems.

(4) 

Minimum lot width at the building line shall be as follows:

Minimum Lot Area (square feet) Minimum Lot Width (feet)
7,500 50
12,000 75
20,000 or more 100
(5) 

Minimum front yard depth shall be 20 feet from the front lot line for single-family and duplex units and 30 feet from the front line for multifamily units.

(6) 

Minimum side yard width on each side of the lot shall be five feet for single-family and duplex units and 15 feet on each side of the lot for multifamily structures.

(7) 

Minimum rear yard depth shall be 20 feet from the rear lot line for single-family and duplex units and 30 feet from the rear lot line for multifamily structures.

(8) 

No structure shall exceed 45 feet in height.

(9) 

Maximum lot coverage shall not exceed 45%.

A. 

Statement of purpose. The R-3 Urban Residential District is designed to provide for the maintenance of established land uses and to ensure the harmonious and compatible development of a variety of land use types in an area of the Borough which is in transition. These regulations are intended to ensure adequate light, air, privacy and open space for each dwelling unit.

B. 

Permitted uses. The following uses shall be permitted in the R-3 District:

(1) 

Uses permitted in the R-2 General Residential District as specified in § 193-9B of this article.

(2) 

Multifamily structures.

C. 

Accessory uses. The following accessory uses shall be permitted: Uses customarily incidental to the permitted use of the site as defined in § 193-3 of this article.

D. 

Conditional uses. The following conditional uses may be permitted in accordance with the provisions of § 193-16 of this article and the standards and criteria listed herewith:

(1) 

Restaurants and private clubs and lodges, provided that:

(a) 

Off-street parking facilities shall be provided as required by § 193-19 of this article.

(b) 

Signs shall meet the minimum requirements specified by § 193-18 of this article and any additional restrictions which the Borough Council may determine to be necessary to ensure the character of adjacent or nearby residential uses.

(c) 

A corridor or buffer of at least five feet in width shall be established and maintained along all portions of the site which abut, parallel or are in any manner adjacent to a residential use. This provision shall apply whether or not the site is separated by a street or similar right-of-way.

(2) 

Business, sales and professional offices, provided that all the requirements specified in § 193-10D(1) of this article shall apply.

(3) 

Hotels and motels, provided that:

(a) 

All the requirements specified in § 193-10D(1) of this article shall apply.

(b) 

Design and construction standards shall comply with all applicable local and state codes and shall be certified by Baden municipal fire officials as adequate.

(4) 

Day-care/family homes, pursuant to the following standards and criteria:

[Added 6-15-1994 by Ord. No. 820]

(a) 

The standards and criteria in § 193-8D(3) shall apply.

(5) 

Day-care centers, pursuant to the following standards and criteria:

[Added 6-15-1994 by Ord. No. 820]

(a) 

The standards and criteria in § 193-8D(4) shall apply.

(6) 

Group residential facilities, pursuant to the following standards and criteria:

[Added 6-15-1994 by Ord. No. 820]

(a) 

The standards and criteria in § 193-8D(5) shall apply.

E. 

Special exceptions. The following uses may be permitted as special exceptions in accordance with the provisions of § 193-17 of this article and the standards and criteria listed herewith:

(1) 

Home occupations: All provisions of § 193-8E(1) of this article shall apply.

(2) 

Conversion apartments: All provisions of § 193-8E(2) of this article shall apply.

F. 

Lot, area and dimensional requirements. The following requirements shall apply in the R-3 District:

(1) 

Minimum lot area shall be 7,500 square feet for all uses except multifamily residential uses, which shall have a minimum lot area of 20,000 square feet.

(2) 

Minimum lot width at the building line shall be 50 feet except for multifamily residential uses, which shall have a minimum lot width at the building line of 75 feet.

(3) 

Minimum front yard depth for all uses shall be 15 feet.

(4) 

Minimum side yard width on each side of the lot shall be 15 feet.

(5) 

Minimum rear yard depth shall be 15 feet from the rear lot line.

(6) 

No structure shall exceed 45 feet in height.

(7) 

Maximum lot coverage shall not exceed 60%.

A. 

Statement of purpose. The C-1 Local Business District is designed to provide sites for general shopping, commercial services and professional activities, together with limited multiple-family dwellings as may be accommodated without interfering with the basic commercial nature of the area. This District is intended to provide commercial facilities for serving local residents and those in the neighboring vicinity. This District is intended to ensure adequate light, air, open space and related amenities appropriate to the maintenance of safety and to generate qualities which will encourage and sustain commercial activities.

B. 

Permitted uses. The following uses shall be permitted in the C-1 District:

(1) 

Banks, business and professional offices.

(2) 

Retail sales and services.

(3) 

Personal services.

(4) 

Restaurants.

(5) 

Theaters.

(6) 

Funeral homes.

(7) 

Municipal uses.

(8) 

Clubs and lodges.

(9) 

Educational, religious and philanthropic uses.

C. 

Accessory uses. The following accessory uses shall be permitted: Uses customarily incidental and accessory to the permitted use of the site, as defined in § 193-3 of this article.

D. 

Conditional uses. The following conditional uses may be permitted in accordance with the provisions of § 193-16 of this article and the standards and criteria listed herewith:

(1) 

Wholesale businesses pursuant to the following standards and criteria:

(a) 

All parking and loading in conjunction with the business shall be handled on the site and completely separate from any public right-of-way.

(b) 

The physical appearance of the site and all of the activities conducted thereon shall be compatible with the light commercial character and purposes for which the Local Business District was established.

E. 

Special exceptions. The following uses may be permitted as special exceptions in accordance with the provisions of § 193-17 of this article and the standards and criteria listed herewith:

(1) 

Multifamily structures, pursuant to the following standards and criteria:

(a) 

Structures shall comply with all building, yard, parking and area requirements which apply to multifamily structures in the R-3 District.

(b) 

Sites on which multifamily structures are to be established shall be suitable for residential uses in terms of vehicular and pedestrian access, use of required open spaces for residential purposes and the general environmental quality for residential purposes.

(2) 

Ancillary residential uses in conjunction with primarily commercial structures.

(a) 

Each dwelling shall contain a minimum of 400 square feet of habitable living area which is physically separate from the adjoining commercial space.

(b) 

Each dwelling unit shall be provided with separate cooking and sanitary facilities.

(c) 

Fire and safety provisions shall be certified adequate by an authorized representative of the Baden Fire Department.

F. 

Lot, area and dimensional requirements. The following requirements shall apply in the C-1 District:

(1) 

Except as specified elsewhere in this article for specific use types, there shall be no minimum lot area, lot width or front yard requirements in this District.

(2) 

Minimum side yard width on each side of the lot shall be 10 feet.

(3) 

Minimum rear yard depth shall be 20 feet from the rear lot line.

(4) 

No structure shall exceed 45 feet in height.

(5) 

No lot coverage limitations are established for this District other than those which relate to minimum requirements.

A. 

Statement of purpose. The C-2 Highway Commercial District is established to provide for commercial and business activities in areas of the Borough which offer sites having prime access and sight exposure advantages from regional highways. This District is intended to ensure adequate light, air, open space and other amenities appropriate to the maintenance of safety and to generate qualities conducive to viable commercial operations.

B. 

Permitted uses. The following uses shall be permitted in the C-2 District:

(1) 

Automotive sales and services.

(2) 

Department and variety stores.

(3) 

Municipal uses.

(4) 

Professional, business and financial offices.

(5) 

Restaurants.

(6) 

Veterinary clinics.

(7) 

Wholesale and retail sales and services.

C. 

Accessory uses. The following accessory uses shall be permitted:

(1) 

Uses customarily incidental and accessory to the permitted use of the site, as defined in § 193-3 of this article.

D. 

Conditional uses. The following conditional uses may be permitted in accordance with the provisions of § 193-16 of this article and the standards and criteria listed herewith:

(1) 

Automotive service stations, pursuant to the following standards and criteria:

(a) 

All storage of new, used or discarded parts or materials shall be within an enclosed structure.

(b) 

Except for fuel dispensing, all production, servicing and processing shall take place within enclosed buildings.

(c) 

No more than three vehicles awaiting servicing, in process of servicing or otherwise stored shall be stored on the premises at any time unless in an enclosed building.

(d) 

Ingress and egress shall be designed and utilized in a manner which will not create hazardous traffic conditions or unnecessary congestion of traffic in the immediate vicinity.

(2) 

Building materials sales, pursuant to the following standards and criteria:

(a) 

All storage of materials shall be within enclosed structures.

(b) 

No manufacturing, processing, stone-crushing or similar activities of an industrial nature shall be permitted.

(3) 

Miniwarehouses, pursuant to the following standards and criteria:

[Added 6-15-1994 by Ord. No. 820]

(a) 

No business activities other than rental of storage units and attendant administrative functions shall be conducted on the premises.

(b) 

All storage shall be accommodated indoors.

(c) 

No activities such as miscellaneous or garage sales shall be conducted on the premises.

(d) 

The servicing or repair of vehicles, boats or equipment shall not be conducted on the premises.

(e) 

The operation of a miniwarehouse shall in no way be deemed to include a transfer and storage business.

(f) 

A landscaped strip of at least 10 feet in width shall be provided along all street frontages as well as along any borders where subject property abuts any residential zoning district. Landscaping shall consist of a variety of evergreen plant materials consisting of trees and shrubs and suitable ground covers.

(g) 

All driveways and access roads shall be surfaced with an all-weather material such as gravel or paving.

E. 

Special exceptions. The following uses are special exceptions in a C-2 District to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria set forth in Chapter 193, §§ 193-12 and 193-17 and those set forth herein.

[Amended 9-1-2004 by Ord. No. 881]

(1) 

Child day care pursuant to the following standards and criteria:

(a) 

Off-street parking according to § 193-19.

(b) 

Signs according to § 193-18.

(c) 

Activities shall be limited to functions normally associated with the part-time tending of children and shall not include overnight lodging.

(d) 

Secure play areas are to be established.

(e) 

Safe off-street pickup and dropoff areas shall be provided at the site.

(f) 

Outdoor play areas shall be fenced to control access to adjacent properties and vehicular ways. No portion of the outside play areas shall be less than 15 feet from a neighboring dwelling without the owner's written consent. Outdoor play shall be limited to the hours between 8:00 a.m. and 7:00 p.m. prevailing local time.

(g) 

A minimum of 100 square feet of usable outdoor play space and 20 square feet of usable indoor space shall be provided for each child present at the facility, including resident children.

(h) 

The caregiver-per-child ratio must meet the parameters set by Pennsylvania state law and/or any governing agency's official regulations.

(i) 

The Chief or designated agent of the Borough Fire Department shall inspect the premises to evaluate emergency access, fire hazards, evacuation provisions, structure layout, fire alarm devices and emergency fire-fighting provisions.

(j) 

All rules, requirements and guidelines promulgated in the Daycare Service for Children Regulations - Family Daycare Homes, Chapter II, Section 8C of the Pennsylvania Department of Public Welfare Social Services Manual, effective June 13, 1981, and any amendments subsequent thereto, shall be strictly observed. All required state licenses and certifications shall be obtained as conditions precedent to granting of required Borough zoning and occupancy permits.

(k) 

Day-care centers shall be located only in approved public, semipublic or commercial buildings, such as schools, churches, governmental or similar structures, which meet all requirements specified by the Pennsylvania Department of Public Welfare for such activities.

(l) 

Operational hours shall be limited to the hours between 6:00 a.m. and 11:30 p.m. prevailing local time.

F. 

Lot, area and dimensional requirements. The following requirements shall apply in the C-2 District:

(1) 

There shall be no minimum lot area requirements.

(2) 

Minimum side yard width on each side of the lot shall be 15 feet.

(3) 

Minimum front lot depth shall be 25 feet from the front lot line.

(4) 

Minimum rear yard depth shall be 20 feet from the rear lot line.

(5) 

No structure shall exceed 45 feet in height.

(6) 

No lot coverage limitations are established for this District other than those which relate to minimum yard requirements.

[Added 2-16-2000 by Ord. No. 853]
A. 

Statement of purpose. The C-3 General Commercial District is established to provide for commercial sites for moderate level business enterprises to serve local and transient patrons.

B. 

Permitted uses. The following uses by right shall be permitted in the C-3 District:

(1) 

Automotive and mobile home sales and service;

(2) 

Municipal uses;

(3) 

Professional business offices; and

(4) 

Veterinary clinics.

C. 

Accessory uses. The following accessory uses are permitted: Uses customarily incidental and accessory to the permitted use of the site, as defined in § 193-3 of this article.

D. 

Conditional uses. The following conditional uses may be permitted in accordance with the provisions of § 193-16 of this article and the standards and criteria listed herewith:

(1) 

Automotive service stations, provided that all requirements specified in § 193-12D(1) of this article shall apply.

(2) 

Sexually oriented business operations, provided that all requirements specified in Ordinance No. 838,

Editor's Note: See Article II of this chapter.
as amended, of the Borough of Baden shall apply.

E. 

Special exceptions. No special exceptions are authorized for the C-3 District, except by amendment of this article.

F. 

Lot area and dimensional requirements. The following dimensional requirements shall apply in the C-3 District:

(1) 

There shall be no minimum lot area requirements.

(2) 

Minimum side yard width on each side of the lot shall be 15 feet.

(3) 

Minimum front lot depth shall be 25 feet from the front lot line.

(4) 

Minimum rear yard depth shall be 20 feet from the rear lot line.

(5) 

No structure shall exceed 45 feet in height.

(6) 

No lot coverage limitations are established for this District other than those which relate to minimum yard requirements.

A. 

Statement of purpose. The LI Light Industrial District is established to provide for industrial-related activities in limited areas of the Borough where sites conducive to such uses are available. This District is intended to provide sites for supplementing and expanding the economic strengths of the Borough while providing protection to adjacent nonindustrial uses from incompatible activities.

B. 

Permitted uses. The following uses shall be permitted in the LI District:

(1) 

Light manufacturing, processing and fabrication.

(2) 

Wholesale distribution center.

(3) 

Warehousing and packaging.

(4) 

Machinery and equipment sales.

(5) 

Bottling and cold storage.

(6) 

Shops for custom work.

(7) 

Automotive sales and service.

(8) 

Municipal uses.

[Added 6-15-1994 by Ord. No. 820]

C. 

Accessory uses. The following accessory uses shall be permitted:

(1) 

Uses customarily incidental and accessory to the permitted use of the site, as defined in § 193-3 of this article.

D. 

Conditional uses. The following conditional uses may be permitted in accordance with the provisions of § 193-16 of this article and the standards and criteria listed herewith:

(1) 

Lumber, milling and building materials sales, pursuant to the following standards and criteria:

(a) 

All storage of materials and milling operations shall be within enclosed structures.

(b) 

No manufacturing, stone-crushing or other activities of a heavy industrial nature which could be reasonably construed as detrimental to the environment or normal use of surrounding nonindustrial areas shall be authorized as a conditional use.

(2) 

Truck depot and freight handling, pursuant to the following standards and criteria:

(a) 

Ingress and egress shall be designed and utilized in a manner which will not create hazardous traffic conditions or unnecessary congestion of traffic in the immediate vicinity.

(b) 

All holding and storage operations shall be conducted within enclosed buildings.

(c) 

Only operable transport equipment shall be stored on the premises.

(3) 

Mobile homes, pursuant to the following standards and criteria:

(a) 

Mobile home courts may be established or added to only if such activity is carried out in strict compliance with the provisions of § 193-20 of this article.

(4) 

Miniwarehouses, pursuant to the following standards and criteria:

[Added 6-15-1994 by Ord. No. 820]

(a) 

The standards and criteria in § 193-12D(3) shall apply.

E. 

Special exceptions. The following uses may be permitted as special exceptions in accordance with the provisions of § 193-17 of this article and the standards and criteria listed herewith:

(1) 

Automotive service stations.

(a) 

All storage of new, used or discarded parts or material shall be within an enclosed structure.

(b) 

Ingress and egress shall be designed and utilized in a manner which will not create hazardous traffic conditions or unnecessary congestion of traffic in the immediate vicinity.

F. 

Lot, area and dimensional requirements. The following requirements shall apply in the LI District:

(1) 

There shall be no minimum lot area requirements.

(2) 

Minimum side yard width on each side of the lot shall be 20 feet.

(3) 

Minimum front yard depth shall be 25 feet from the front lot line.

(4) 

Minimum rear yard depth shall be 20 feet from the rear lot line.

(5) 

No structure shall exceed 45 feet in height.

(6) 

No lot coverage limitations are established for this District other than those which relate to minimum yard requirements.

[Added 12-20-1995 by Ord. No. 832
Editor's Note: This ordinance also provided for the repeal of former § 193-14, P Preservation District.
]
A. 

Statement of purpose. The R-4 Conservation Residential District is designed to provide for the safe development and maintenance of residential land uses in areas of the Borough that are characterized by intermittent tracts of steep slope which limit the scope of development and create problems not ordinarily encountered in areas of less severe terrain. This District has been established to preserve the natural character of heavily sloped terrain while providing for residential development and related land use activities that are established in a manner calculated to provide for the health, safety and general welfare of potential site occupants and the community at large.

B. 

Permitted uses. The following land uses shall be permitted:

(1) 

Single-family detached residential dwellings.

(2) 

Municipal recreation and service functions.

C. 

Accessory uses. The following accessory uses shall be permitted:

(1) 

Uses customarily incidental and accessory to the permitted use of the site as defined in § 193-3 of this article.

D. 

Conditional uses. The following uses may be permitted in accordance with the provisions of § 193-16 of this article and the standards and criteria listed herewith:

(1) 

Private noncommercial playgrounds, recreation areas and ball fields, provided that:

(a) 

Development plans shall be submitted for consideration by the Borough Council and the Planning Commission, along with a statement from the Borough Engineer that the proposed site grading and development procedures will not create hazardous conditions on the site or areas contiguous thereto.

(2) 

Agricultural uses.

(a) 

Permitted activities of an agricultural nature shall be interpreted to mean normal on-farm functions characteristic of area-wide practices. Permitted agricultural uses shall not be interpreted to include farm-oriented industrial operations, such as food or livestock processing plants, holding pens, slaughterhouses or similar operations and activities which process or in some manner handle products not produced on the immediate premises. Sale of products produced on the premises shall be permitted.

(b) 

A minimum site of five contiguous acres shall be required.

(c) 

Accessory structures utilized for agricultural purposes shall be a minimum distance of 100 feet from any adjoining property line.

(d) 

Primary access for farm purposes shall be provided via primary roads or highways. Traversing of secondary residential access streets shall not be permitted for use by agricultural vehicles and equipment unless authorized by the Borough Council as part of the approval for a conditional use.

E. 

Special exceptions. The following uses may be permitted as special exceptions in accordance with the provisions of § 193-17 of this article and the standards and criteria listed herewith:

(1) 

Home occupations. All provisions of § 193-8E(1) of this article shall apply.

F. 

Lot, area and dimensional requirements. The following requirements shall apply in the R-4 District:

(1) 

Minimum lot area shall be 30,000 square feet per dwelling unit.

(2) 

Minimum lot width shall be 75 feet at the building line.

(3) 

Minimum front yard depth shall be 30 feet from the front lot line.

(4) 

Minimum side yard width on each side of the lot shall be 15 feet. The minimum side yard width on the street side of a corner lot shall be 20 feet.

(5) 

Minimum rear yard depth shall be 20 feet from the rear lot line.

(6) 

No structure shall exceed 35 feet in height.

(7) 

Maximum lot coverage shall not exceed 45%.

G. 

Site development requirements. The following requirements shall apply to all development activities in the R-4 District:

(1) 

These provisions are intended and are to be applied to prevent the erection of dwellings and other structures in areas unsuitable for building sites; to minimize danger to public health by protecting watersheds; to discourage erosion of soils by maintaining an adequate vegetation cover on hills; and to promote the perpetuation of open space on hillsides. All development in areas of excessive slope, as defined in the following Subsection G(2), shall be subject to the provisions contained herein.

(2) 

Excessive slope conditions are considered in any situation where slope, measured from one property boundary to another, has an average grade of 25% or more. Any slope area in excess of 40% shall be considered unbuildable.

(3) 

Any person desiring to change or in any way develop or modify an existing use of land in an R-4 District where slope exceeds 25% shall supply a statement to the Zoning Officer signifying that the intended use of land will be a use permitted by these regulations. If such activities involve the construction of any building, the applicant shall, in addition, furnish the Zoning Officer with a statement prepared by a registered civil engineer or surveyor that the proposed building will not be erected on any land where the percentage of slope exceeds 40%.

(4) 

Slope area in excess of 40% shall be considered as unbuildable. Buildings may be constructed on a slope where grades range from 40% to 25% if the building is constructed in such a manner that it will not be subject to danger from soil conditions and that its placement and use will not adversely influence surrounding land stability.

(5) 

Alterations may be made to the existing grade in slope areas, subject to the issuance of a grading permit by the Borough Zoning Officer and subject to the following provisions:

(a) 

Slopes in excess of 40% [2.5 feet horizontal to one foot vertical (2.5:1.0)] may be graded so that the finished slope in building areas will be less than 40% (2.5:1.0); however, the resulting cuts and fills must be designed by a qualified geotechnical engineer and approved by the Borough Engineer. In no case will fill slopes in excess of 1.5:1.0, or cut slopes in excess of one foot horizontal to one foot vertical (1:1) be allowed. The grading shall be monitored by a qualified construction inspector in accordance with the design engineer's specifications and at the developer's expense. A final completion report shall be submitted to the Borough.

(b) 

Slopes between 25% [four feet horizontal to one foot vertical (4:1)] and 40% (2.5:1.0) may be graded; however, no resulting slopes in excess of 40% (2.5:1.0) will be allowed unless designed by a qualified geotechnical engineer and approved by the Borough Engineer. In no case will fill slopes in excess of 1.5:1.0, or cut slopes in excess of 1:1 be allowed. The grading shall be monitored by a qualified construction inspector in accordance with the design engineer's specifications and at the developer's expense. A final completion report shall be submitted to the Borough.

(6) 

On all landslide-prone areas, the following requirements shall be met:

(a) 

No building or grading permits shall be issued by Borough officials on an active landslide as identified by the United States Geological Survey before a land stabilization plan is prepared by a qualified registered engineer. The building or grading permits shall be issued only after the Borough Engineer reviews and approves the stabilization plan.

(b) 

Prior to the granting and issuing of building or grading permits for projects within any landslide or probable landslide area as identified by the United States Geological Survey, the permit applicant must sign a statement of awareness of the landslide and the risks involved and release Borough officials, agents and employees from liability.

A. 

Statement of purpose. The F Floodplain District is established to protect designated floodplain areas subject to periodic inundation by overflow from streams and rivers situated in or contiguous to the Borough of Baden. This District is intended to control floodplain use and activities therein which, acting alone or in combination with other uses, will cause or contribute to loss and destruction of life and property during periods of flooding.

B. 

Permitted uses. The following uses having a low flood damage potential and not obstructing flood flows shall be permitted within the Floodplain District, provided that they are permitted uses or activities in the zoning district which coincides with the Floodplain District. No use shall adversely affect the capacity of the channels or floodways of any tributary to a main stream, drainage ditch or any other drainage facility or stream.

(1) 

Industrial-commercial uses, such as loading areas, parking areas and temporary storage of stock not requiring the use of structures.

(2) 

Private and public recreational uses, such as boat-launching ramps, parks and fishing areas.

(3) 

Residential-related uses, such as lawns, gardens, parking areas and play areas.

C. 

Other requirements.

(1) 

Any fill proposed to be deposited in the floodplain must be shown to have some beneficial purpose and the amount thereof not greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials.

(2) 

Such fill or other materials shall be protected against erosion by riprap, vegetation cover or bulkheading.

(3) 

Service facilities, such as sewers, water service, and electrical and heating equipment, shall be constructed at or above the regulatory flood protection elevation for the particular area or floodproofed.

(4) 

The storage or processing of materials that in time of flooding are buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited.

(5) 

Storage of other material or equipment may be allowed if readily removable from the area within the time available after flood warning.

(6) 

A structure or the use of a structure or premises which was lawful before the passage or amendment of the chapter, but which is not in conformity with the provisions of this article, may be continued subject to the following conditions:

(a) 

No such use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity.

(b) 

No structure alteration, addition or repair to any nonconforming structure shall exceed 30% of its value at the time of its becoming a nonconforming use, unless the structure is permanently changed to a conforming use.

(c) 

If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this article.

(d) 

If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 75% or more of its value, it shall not be reconstructed except in conformity with the provisions of this article. The Zoning Hearing Board may permit reconstruction if the use or structure is located outside the floodway and, upon reconstruction, is adequately and safely floodproofed, elevated or otherwise protected.

(e) 

Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.

D. 

Area requirements: not applicable.

A. 

Authority. Conditional uses may be permitted by the Borough Council, consistent with the provisions of Article VI of the Pennsylvania Municipalities Planning Code, Act 247, as amended,

Editor's Note: See 53 P.S. § 10101 et seq., and in particular, 53 P.S. § 10601 et seq.
after recommendations by the Borough Planning Commission pursuant to express standards and criteria set forth in this article.

B. 

Procedure. The following procedures shall govern the granting of conditional uses in the Borough of Baden:

(1) 

Property owners desiring approval for a conditional use pursuant to express standards and criteria set forth in this article shall provide a written request for such approval to the Planning Commission.

(2) 

The request shall specify the intended uses and purposes for which the conditional use approval is being asked. Further, the formal request shall document the manner in which the developer will meet the standards and criteria specified in the chapter for the conditional use.

(3) 

The property owner shall provide the Planning Commission with documentation to indicate the attitudes of adjacent and area-wide property owners within 250 feet of the property to be developed, as they relate to the proposed conditional use.

(4) 

The Planning Commission shall consider written requests for conditional uses and transmit its recommendations to the Borough Council within 45 days of the official receipt of the request. The Planning Commission may request the property owner to provide additional information or to appear before the Commission to discuss the request. The Planning Commission may conduct public hearings on the request for the purpose of assembling additional input from the community at large.

(5) 

The forty-five-day review period may be extended by mutual agreement with the affected parties.

(6) 

The Borough Council shall hold a public hearing on the request for conditional use within 45 days of receipt of a recommendation from the Planning Commission. The Borough Council may request additional data and/or documentation during its consideration of the request for approval of a conditional use.

A. 

Authority. Special exceptions may be permitted by the Zoning Hearing Board, consistent with the provisions of Article VI of the Pennsylvania Municipalities Planning Code, Act 247, as amended,

Editor's Note: See 53 P.S. § 10101 et seq., and in particular, 53 P.S. § 10601 et seq.
pursuant to express standards and criteria set forth in this article.

B. 

Procedure.

(1) 

Where the Borough Council in this article has stated special exceptions to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria.

(2) 

In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards in addition to those expressed in this article as it may deem necessary to implement the purposes of this article.

A. 

Authority. Signs may be erected and maintained only when in compliance with the provisions of this article and any and all other ordinances and regulations of the Borough which may be applicable.

B. 

Exclusions. The following shall not be subject to the provisions of this article unless otherwise specifically cited herein:

(1) 

Signs of a duly constituted local, state or federal governmental body, including traffic or similar safety and regulatory devices, legal notices, railway warning signals, memorial signs or tablets.

(2) 

Flags of a political, civic, religious or educational organization.

(3) 

Small signs with a surface area not exceeding three square feet, displayed for the direction or convenience of the public, which identify landmarks, parking areas, convenience facilities and similar features.

(4) 

One temporary nonlighted sign on a construction site, not exceeding an area of 32 square feet, denoting engineer, architect, contractor or funding agencies and related information regarding the development.

C. 

Permitted signs.

(1) 

R-1, R-2 and R-3 Districts. In the R-1, R-2 and R-3 residential districts, the following requirements shall apply:

(a) 

The following signs shall be permitted:

[1] 

One permanent identification sign for each dwelling unit, which may cite the name of the occupant, address and other distinguishing features of the structure or property. Such signs shall not exceed two square feet in area.

[2] 

One temporary nonlighted real estate sign pertaining to the sale, lease, hire or rental of property on which the sign is displayed, not to exceed six square feet in area.

[3] 

One small announcement sign designating home occupations, provided that all such signs shall not exceed two square feet in area.

[4] 

One permanent announcement sign erected by churches, schools, municipal facilities or similar permitted uses, which may include any appropriate message, provided that the area of such sign shall not exceed 12 square feet.

[5] 

A temporary sign advertising a garage sale, street fair or other temporary activity or a temporary sign directing persons to the location of such activity. Such signs shall not exceed two square feet in area and must be removed within 24 hours of termination of the sale.

(b) 

Moving, flashing or intermittently lighted signs are prohibited in the three residential districts.

(c) 

Signs shall be located a minimum distance of four feet from the street right-of-way line.

(d) 

The bottommost part of a sign shall not be more than two feet above ground level, except signs attached to a building. No sign shall project above a roof or be mounted on a building above the eaves line of a roof.

(2) 

C-1, C-2 and LI Districts. In the C-1 Local Business District, the C-2 Highway Commercial District and the LI Light Industrial District, the following requirements shall apply to individual lots.

(a) 

The following signs shall be permitted:

[1] 

Business signs not to exceed one square foot of sign area for each one linear foot of lot frontage. No individual sign shall exceed 250 square feet in area.

[2] 

Freestanding signs or projecting signs extending outward from a building shall not exceed 20 square feet in area.

[3] 

Temporary signs, which may be in addition to the limitations cited in Subsection C(2)(a)[1] above, which are placed in windows or affixed to the exterior wall areas of buildings and which advertise special promotional business sales or services available on the premises. Such signs shall be removed within 24 hours when the special circumstances which led to their placement no longer apply. Such signs shall not cover in excess of 25% of involved window areas or in excess of 20% of the involved wall areas of any single side, front or rear of the structure.

[4] 

Temporary signs advertising the sale, rental or development of property, buildings or portions thereof, not to exceed 32 square feet.

[5] 

Temporary signs or banners announcing sales or special events on the immediate site may be used in C-1, C-2 and LI Districts for a period not to exceed 15 days, provided that they shall only be displayed if hung or installed flush with the wall of the principal structure on the lot or on poles or support cables which project no more than two feet from the face of the principal structure.

[6] 

Portable or mobile signs and other similar advertising displays in excess of six square feet may be used for special sales, announcements and related purposes in the C-1, C-2 and LI Districts, subject to the following provisions:

[a] 

Display area of such signs shall not exceed 32 square feet.

[b] 

No portion of the sign or its supporting structure shall occupy a public right-of-way.

[c] 

All lighting and illumination restrictions which apply to displays, signs and structures under this article shall apply.

[d] 

Permits for the placement of such signs shall be issued for a maximum of 30 consecutive days.

(b) 

Advertising subject matter or business identification in excess of 20 square feet in area, which is painted or otherwise inscribed directly on the wall surface of a building in a permanent manner, shall require a reduction in the maximum total sign size permitted for that business under § 193-18C(2)(a) above. The required reduction shall be computed at the rate of a twenty-five-percent decrease in the permitted maximum sign size for each 100 square feet, or portion thereof, of painted or inscribed wall surface.

(c) 

Moving, flashing or intermittently lighted signs are prohibited.

(d) 

Signs may not be attached to utility poles, except for municipal purposes.

(3) 

F District.

Editor's Note: Former Subsection C(3) pertained to the P Preservation District, which was repealed 12-20-1995 by Ord. No. 832.
No signs shall be permitted in the F Floodplain District.

D. 

General standards. The following standards shall apply to signs in all zoning districts of the Borough:

(1) 

No sign shall be located or constructed as to obstruct or interfere with any traffic control signal, sign, device or intersection sight triangle.

(2) 

No sign shall be permitted which is deemed to constitute a hazard of any kind.

(3) 

There shall be no more than one sign of each type allowed herein on any lot within the Borough, except that in the C-2 and LI Districts, for each 100 feet of road frontage over the first 100 feet of road frontage, a second sign of the types approved in that zoning district shall be permitted.

(4) 

A sign shall be removed within 30 days when the circumstances leading to its erection no longer apply or if safety violations occur. Circumstances which dictate sign removal shall include but shall not be limited to the following:

(a) 

The creation of a safety hazard.

(b) 

Dilapidation.

(c) 

Vacancy or termination of the subject business for more than 90 days.

(d) 

Legal transfer of ownership of a property which involves a change of name or business activity.

(e) 

The completion of an event, business transaction or other activity for which the sign was originally installed.

(f) 

Any illegality under the provisions of this article or regulation of a duly constituted governmental authority.

(5) 

Signs shall be subject to the following regulations:

(a) 

All lighting and illumination of signs shall conform to regulations regarding traffic hazards as specified in local and state regulations.

(b) 

Signs may be illuminated where permitted by this article, provided that the use of such illumination does not confuse, blind or distract vehicle operators on adjacent or nearby streets.

(c) 

Signs or devices with flashing, moving or similar lighting or animation are prohibited in all zoning districts.

E. 

Permits.

(1) 

A separate zoning permit shall be required for the erection of signs under this article, except that no permit shall be required for the following exclusions:

(a) 

Signs specified under § 193-18B of this article.

(b) 

Signs specified under § 193-18C(1)(a)[1], [2] and [5] of this article.

(c) 

Signs specified under § 193-18C(2)(a)[3], [4] and [5] of this article.

(d) 

Signs painted directly on the wall surface of a building which do not exceed 20 square feet in area.

(2) 

Each application for a permit shall be accompanied by a drawing to scale showing the proposed sign, the size, general characteristics, method of illumination, the exact location of the sign in relation to the lot and structure involved and other data as may be required by the Zoning Officer.

(3) 

A fee shall accompany each application for a permit. Such fee shall be established by resolution of the Borough Council.

A. 

Procedure. An application for a zoning or building permit for a new or enlarged building, structure or use shall include therewith a plot plan drawn to scale and fully dimensioned, showing any off-street parking and loading facilities to be provided in compliance with the requirements of this article.

B. 

Extent of control.

(1) 

At the time of the erection of any main building or structure, or when any such building or structure is enlarged or increased in capacity, or when any private or public facility use permitted under this article is established, permanent off-street parking and loading spaces shall be provided as specified herein.

(2) 

Required parking spaces shall be located on the same lot as the use for which it is provided. An adjacent lot which is guaranteed for the use of off-street parking during the life of the use for which the parking is provided may be permitted as a special exception, provided that guarantees in legal form are acceptable to the Zoning Hearing Board.

(3) 

Where more than one use occupies a given lot, building or structure, off-street parking equal to the sum of that required for each use shall be required.

(4) 

No parking facilities accessory to nonresidential uses shall be located in any R-1, R-2 or R-3 residential district.

(5) 

No land shall be used for habitual commercial or industrial truck loading, storage or parking activities in any R-1, R-2 or R-3 residential district.

C. 

Schedule of requirements for off-street parking. Off-street parking facilities shall be provided in the various zoning districts as specified herewith:

(1) 

In the R-1, R-2 and R-3 zoning districts:

(a) 

For each dwelling unit there shall be provided a minimum of two off-street parking spaces.

(b) 

Where home occupations are authorized as a conditional use, off-street parking shall be provided for the maximum number of patrons anticipated at any one time in conjunction with the business activity. In cases where the maximum anticipated parking demand is in question, the determination of the Zoning Hearing Board shall prevail. In no instance shall on-street parking be authorized in conjunction with a home occupation. Parking requirements for home occupations shall be in addition to the requirements specified in Subsection C(1)(a) above for on-site residential use.

(c) 

Parking in mobile home courts shall be provided as specified in § 193-20 of this article.

(d) 

Educational, religious and philanthropic uses shall provide off-street parking as follows:

[1] 

Educational. Primary, elementary or middle school: 1.25 spaces for each classroom; high school, institution of higher learning or private school: one space for each five students, based on design capacity of the facility.

[2] 

Stadium or similar place of assembly: one space for each four seats.

[3] 

Churches. One off-street parking space for each four seats in the sanctuary or main congregational assembly area of the church.

[4] 

Philanthropic. Parking requirements for philanthropic uses shall be established by the Planning Commission on a case-by-case basis.

(e) 

Public and private noncommercial recreation facilities shall provide off-street parking on the basis of one parking space for each three occupants, as determined by the maximum lawful capacity of any such facility, or, if not applicable, by the estimated maximum capacity of the facility.

(f) 

Municipal service facilities shall provide off-street parking on the basis of the standard cited in Subsection C(1)(e) above.

(2) 

In C-1, C-2 and LI commercial districts:

(a) 

Business, sales, professional offices and banks shall provide off-street parking at the rate of one space for each 600 square feet of net floor area.

(b) 

Restaurants shall provide off-street parking at the rate of one space for every four seats.

(c) 

Other permitted uses in these districts shall provide off-street parking at the rate of one space for every 200 square feet of usable business and display space.

Editor's Note: Subsection C(3), which immediately followed this section, pertained to the P Zoning District, which was repealed 12-20-1995 by Ord. No. 832.

D. 

Schedule of requirements for off-street loading. In any district, in connection with every building or building group or part thereof which is to be occupied by commercial, industrial or other nonresidential uses which rely on delivery or distribution of materials or merchandise, there shall be provided and maintained on the same lot with such building, off-street loading berths in accordance with the following standards:

Uses Required Floor Area (total square feet) Off-Street Loading Berths
Schools 1
Retail and service commercial 1
Wholesale commercial Under 10,000 1
Over 10,000 2
Warehousing or storage Under 10,000 1
For each additional 20,000 or fraction thereof 1 additional
E. 

Standards for off-street parking and loading areas.

(1) 

A required off-street parking space shall be a minimum dimension of nine feet wide by 20 feet long.

(2) 

A required off-street loading space shall be a minimum dimension of 15 feet wide and 60 feet long.

(3) 

When determination of the required number of off-street spaces for parking or loading results in a fractional space, any fraction of 1/2 or more shall be interpreted as a whole space.

(4) 

No off-street parking or loading space shall be located within 10 feet of a public right-of-way.

A. 

Authority. Mobile home courts may be permitted in the R-2 General Residential and LI Light Industrial Districts as a conditional use, as provided in § 193-9D(2) and § 193-13D(3) of this article, pursuant to the standards and conditions specified herewith.

B. 

Mobile home court site requirements.

(1) 

Minimum court area. All courts shall have a minimum gross site area of at least five contiguous acres of land.

(2) 

Site location. All courts shall comply with the following minimum requirements:

(a) 

Shall be free from adverse influence by swamps, marshes, garbage or rubbish disposal areas or similar adverse environmental conditions, whether of a natural or man-made nature.

(b) 

Shall not be subject to flooding.

(c) 

Shall not be subject to hazard or nuisance factors of a nature to render the site unacceptable for residential purposes.

(3) 

Site drainage.

(a) 

The ground surface throughout the site shall be graded and equipped to drain all surface water in a safe, adequate and efficient manner.

(b) 

All surface water collectors and other bodies of standing water shall be eliminated or controlled to eliminate breeding of insects.

(c) 

Wastewater from any plumbing fixture or sewer line shall not be deposited upon the ground surface in any part of a court site or adjacent land area.

(4) 

Soil and ground cover.

(a) 

All exposed ground surfaces throughout the court site shall be paved, covered with solid material or protected with a vegetative growth that is capable of preventing soil erosion and the creation of dust conditions during periods of dry weather.

(b) 

All site areas shall be maintained free of vegetative growth which is poisonous or which is capable of harboring rodents, insects or other harmful pests.

(5) 

Nonresidential.

(a) 

No part of any site shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of recreational features of the court.

(b) 

Nothing contained in this section of the requirements for mobile home courts shall be deemed as prohibiting the sale of a mobile home located on a mobile home lot and connected to utilities.

(6) 

Setbacks, buffers, screening and reserve area.

(a) 

All mobile home units, permitted accessory structures and court service buildings shall be located at least 50 feet from any court boundary line abutting any public right-of-way and at least 10 feet from other court boundary lines.

(b) 

There shall be a minimum distance of 15 feet between an individual mobile home, including accessory structures, and adjoining right-of-way of a court street or common parking area or other common areas and structures.

(c) 

All mobile home courts shall be required to provide screening, such as fences or natural growth, along the property lines which separate the court site from other properties.

(d) 

All mobile home courts shall reserve and improve 8% of the total area of said court for recreation and playground use of the court residents. The site of such reserve area shall be centrally located for the convenience of residents, and the location and plan of improvements shall meet the approval of the Planning Commission.

(7) 

Mobile home sites and unit placement.

(a) 

Mobile home lots within the court shall have a minimum area of 3,000 square feet.

(b) 

Each mobile home lot shall be improved to provide an adequate foundation for the placement of the mobile home. At a minimum, this shall include:

[1] 

Approved tie-down anchors.

[2] 

One paved off-street parking stall.

[3] 

Positioning of the above features so as to allow a minimum of 15 feet between the mobile home and the court street serving access to the lot.

(c) 

Mobile homes shall be separated from each other and from all buildings and other structures by at least 15 feet.

(d) 

A screening enclosure of compatible design and material shall be erected around the entire base of each mobile home within three months of the unit's installation on the site.

(8) 

Court street system.

(a) 

A safe and convenient paved vehicular access shall be provided from abutting public roads with a minimum right-of-way of 40 feet. Said accessways shall serve all mobile home sites.

(b) 

Surface paved cartways shall meet the following minimum standards:

[1] 

Where parking is permitted on both sides: 34 feet.

[2] 

Where parking is limited to one side: 28 feet.

[3] 

Where no parking is permitted: 20 feet.

(c) 

Dead-end streets shall be provided with a cul-de-sac having an outside roadway diameter of at least 60 feet.

(d) 

Street construction and design standards shall be in accordance with specifications to be set by the Borough Council.

(e) 

All courts shall be furnished with streetlighting units so spaced and equipped to provide average levels of illumination adequate for the safe movement of pedestrians and vehicular traffic at night.

(9) 

Off-street parking.

(a) 

One off-street parking space shall be provided for each mobile home unit as specified in § 193-20B(7)(b)[2] above.

(b) 

In addition to the requirement in Subsection B(9)(a), at least one additional space for every two mobile home sites shall be provided in paved parking lots. Such parking lots shall be located so as to provide convenient access to the mobile homes they are intended to serve. Such siting shall not exceed the distance of 200 feet from said units.

(10) 

Pedestrian access systems.

(a) 

Courts shall provide and maintain all-weather walkways between individual mobile homes, the park street system, parking areas and all community facilities provided for park residents.

(b) 

All walkways shall have a minimum width of two feet.

(11) 

Sewage disposal. An adequate and safe sewerage system shall be provided in all courts for the conveying and disposing of sewage from mobile homes, service buildings and other accessory facilities provided as part of the court development. Such system shall be designed, constructed and maintained in accordance with the Pennsylvania Department of Environmental Resources and local regulations. All proposed sewage disposal systems and facilities shall be approved by state and local officials prior to construction. No individual mobile home unit septic systems shall be permitted.

(12) 

Water supply.

(a) 

When a public water system is available, connection shall be made thereto and used exclusively to serve the mobile home court.

(b) 

When a public water system is not available, the development of a private water supply system shall be approved by the Pennsylvania Department of Environmental Resources or other authorities having jurisdiction.

(13) 

Electrical system. Every court shall contain an electrical wiring system consisting of fixtures and equipment which shall be installed and maintained in accordance with the local operating power company's specifications.

(14) 

Refuse handling. The storage, collection and disposal of refuse in the mobile home court shall be conducted in a manner not to create health hazards, rodent harborage, air pollution or any type of hazardous condition.

(15) 

Fire protection.

(a) 

Fuel supply and storage systems in mobile home courts shall be handled in conformity with accepted safety procedures.

(b) 

Courts shall be kept free of litter, rubbish and any accumulation of flammable materials.

(16) 

Service facilities.

(a) 

No central toilet or washroom facilities shall be constructed in a mobile home court other than those established in support of community buildings, swimming pools, recreation areas or similar facilities for the use of court residents. All mobile homes located in the court shall be equipped with toilet and washroom facilities which shall be connected to central sewage facilities.

(b) 

Central laundry facilities may be permitted for the use of court residents. Such facilities shall be maintained in a safe and clean condition at all times by the court operators.

C. 

Court management responsibilities.

(1) 

The person to whom the conditional use is granted for the development of a mobile home court shall be responsible for the establishment and operation of the court in compliance with this article.

(2) 

The court management shall supervise the placement of each mobile home on its lot. This shall include responsibility for proper alignment, anchoring and utility connections.

(3) 

The court management shall maintain a register containing the names of all court residents.

The provisions of this article shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations:

A. 

Essential services. Essential services, as defined in this article, shall be permitted in all zoning districts, subject to restrictions approved by the Zoning Hearing Board with respect to use, design, yard area, setback and height.

B. 

Dwellings on small lots. Notwithstanding the limitations imposed by any other provisions of this article, the Zoning Hearing Board may permit erection of a dwelling on any lot (in a district where permitted by this article) separately owned, or under contract of sale, and containing at the time of the passage of this article an area or width smaller than that required for a single-family dwelling.

C. 

Storage.

[Amended 6-15-1994 by Ord. No. 820]

(1) 

No lot or premises shall be used as a garbage dump or a dead animal rendering plant. No rubbish or miscellaneous refuse may be stored in the open within any district where the same may be construed as a nuisance to public health, safety or general welfare.

(2) 

No activities or substances of a hazardous nature shall be employed, stored or utilized in a manner that will constitute a danger to the health, safety or general welfare of site occupants, adjacent areas or the community at large. Where reasonable cause for concern is raised by Borough officials, residents or other affected parties, the property owner shall be required to certify that no such conditions are or will be present.

(3) 

Any materials stored within the Borough of Baden shall be limited to nonhazardous substances. No materials that are classified as hazardous and/or that have the characteristics of toxicity, reactivity, ignitability or corrosiveness to the extent that they may be deemed hazardous shall be transported to, processed, handled or stored within the Borough.

(4) 

The Borough Council shall be granted the opportunity to investigate the nature of materials stored, processed or otherwise handled at any site within the Borough and to determine whether said materials or components thereof constitute an unacceptable risk to the general health, safety and public welfare of the residents of the Borough. Any costs incurred by the Borough in making said investigations and determinations in conjunction with materials stored, processed or otherwise handled shall be reimbursed by the property owner.

D. 

Fences.

[Amended 6-15-1994 by Ord. No. 820]

(1) 

Fences, walls, hedges and other plant materials shall not be located at street corners so as to interfere with vision clearance across the corner lots. The height of such objects is restricted to three feet within a triangular area formed by the intersecting street lines and a line joining points on the street lines and equidistant from the point of intersection. This distance shall be 30 feet from the corner. In addition, no fence, wall, hedge or other plant material shall be placed or allowed to grow in such a manner as to impede vision from driveways on the owner's lot or adjacent lots.

(2) 

Fences, walls, plant materials or similar enclosures are permitted up to the property line. In no case shall such structures and/or materials be placed beyond the lot line or in any public right-of-way.

(3) 

In residential districts, rear yard fences and any portion of side yard fences that extend from the front building line to the rear lot line may be erected up to the property line of a lot, to a height not in excess of six feet above the adjacent ground level. Solid fences may be permitted.

(4) 

In residential districts, front yard fences and any portion of side yard fences that extend from the front building line to the front lot line may be erected up to the property line of a lot to a height not in excess of three feet above the adjacent ground level, provided that the ratio of the solid portion of the fence to the open portion shall not exceed 1:1.

E. 

Disabled motor vehicles or equipment.

Editor's Note: See also Ch. 178, Vehicles, Abandoned.
No vehicle or motorized equipment which is disabled, from which the wheels or engine have been removed, which is not in operating condition or which does not have a current valid vehicle registration and inspection sticker attached shall be parked or stored for a period in excess of 30 days in any zoning district; nor shall the owner or occupant of any property in any zoning district permit said property to be used for the parking or storage of any such vehicle or equipment. The foregoing shall not prohibit the use or rental of space in a private or public garage or repairs in a commercial garage in a zoning district where permitted by this article.

F. 

Temporary structures. Temporary structures and trailers used in conjunction with construction work shall be permitted only during the periods that construction is in progress. Permits for such temporary structures shall be issued for a maximum of six months.

G. 

Pools.

(1) 

Swimming pools, ponds, open wells and similar pits or bodies of water shall be enclosed within a fence or enclosure at least four feet in height. The fence or enclosure, as well as the entrance, shall be reasonably designed and constructed in a manner which will prevent access by children of tender age.

(2) 

Portable pools and children's pools which are 12 feet or less in diameter shall be exempt from the fencing requirement, provided that the depth capacity of any such pool is less than 30 inches at the point of maximum depth. However, said pools shall be adequately covered or protected in a manner to prevent access by children of tender age during any period that the pool is unattended by responsible individuals.

A. 

When permitted. Subject to the provisions of this section, a use of building or land existing at the time of enactment of this article may be continued even though such use does not conform to the provisions of these regulations for the district in which it is located.

B. 

Unsafe structure. Nothing in this article shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.

C. 

Alterations. A nonconforming building or structure may be altered, improved or reconstructed. Said alteration, improvement or reconstruction shall be permitted only if it is a normal, natural or consistent growth of the same character as that of the use existing at the time of passage of this article.

D. 

Restoration. Nothing in this article shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged by fire, collapse, explosion or act of God subsequent to the date of this article.

E. 

Extension.

(1) 

A nonconforming use may be extended as a special exception, subject to the following:

(a) 

The extension becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel.

(b) 

The extension does not encroach upon the yard and height requirements of the district in which the nonconforming use is located.

(c) 

The extension is for the purpose of expanding the nonconforming use in existence at the time of the adoption of this article.

(2) 

Extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this article shall not be deemed an extension of such nonconforming use.

F. 

Changes. No nonconforming building, structure or use shall be changed to another nonconforming use, except that a nonconforming building, structure or use may be changed to another nonconforming use of equal or more restricted classification as a special exception or variance after public hearing and subject to the standards and regulations imposed by the Zoning Hearing Board to reasonably assure that the changes will not adversely affect the public interest.

G. 

Abandonment. A nonconforming use of a building or land which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned as follows:

(1) 

When the intent of the owner to discontinue the use is apparent.

(2) 

When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 90 days, unless other facts show intention to resume the nonconforming use.

(3) 

When a nonconforming use has been discontinued for a period of 12 months.

(4) 

When it has been replaced by a conforming use.

(5) 

When it has been changed to another use under permit from the Zoning Hearing Board.

H. 

Unlawful use not authorized. Nothing in this article shall be interpreted as authorization for, or approval of, the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this article.

I. 

District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall apply to any nonconforming uses existing therein.

J. 

Recording. All nonconforming uses existing at the time of the passage of this article shall be recorded and maintained for public use by the Zoning Officer.

A. 

Zoning Officer.

(1) 

A Zoning Officer shall administer and enforce this article. The duties of the Zoning Officer shall include but shall not be limited to the following:

(a) 

Receiving of applications required by this article.

(b) 

Inspection of premises.

(c) 

Issuing of zoning permits and certificates of occupancy.

(d) 

Maintaining records of all official duties.

(e) 

Recording and maintaining records of all nonconforming uses existing at the effective date of this article.

(f) 

No permits shall be issued by the Zoning Officer, except in accordance with the literal provisions of this article.

(g) 

No construction or any use or change of use which does not conform to this article shall be granted permission by the Zoning Officer.

(2) 

The Zoning Officer shall be appointed by the Council of the Borough of Baden, Beaver County, Pennsylvania.

(3) 

The Zoning Officer shall not hold any elective office in the Borough of Baden.

(4) 

The Zoning Officer shall demonstrate to the satisfaction of the Borough Council a working knowledge of this article, an understanding of municipal development goals and objectives, an ability to work harmoniously with local citizens, and such other criteria as may be established by the Council for the conduct and administration of the office.

[Added 6-15-1994 by Ord. No. 820]

B. 

Zoning permit.

[Amended 6-15-1994 by Ord. No. 820]

(1) 

No building or structure shall be erected, added to or structurally altered until a permit therefor has been issued by the Zoning Officer. All applications for zoning permits shall be in accordance with the requirements of this article, and, unless upon written order of the Zoning Hearing Board, no such zoning permit shall be issued for any building where said construction, addition or alteration for use thereof would be in violation of any of the provisions of this article.

(2) 

Remodeling or improvement of an existing building that does not alter the basic structure, create additional lot area coverage or change the use of the parcel or building is exempt from the requirement for a zoning permit.

(3) 

Small single-level accessory buildings on residential properties not exceeding 140 square feet shall be exempt from the requirement for a zoning permit; however, siting of said structures shall conform to applicable side and rear yard setbacks and shall be situated to the rear of the back building line of the primary residential structure.

(4) 

There shall be submitted with all applications for zoning permits two copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location of the building on the lot and accessory buildings to be erected, and other such information as may be deemed necessary by the Zoning Officer to determine and provide for the enforcement of this section.

C. 

Occupancy permit.

(1) 

Upon completion of the authorized new construction, alteration, remodeling, change of use of building or land under the provisions of a zoning permit, such building shall not be occupied until an occupancy permit has been issued by the Zoning Officer. A written request to the Zoning Officer shall be processed within one week of receipt of the request of the proposed use, provided that the use is in conformity with the provisions of this article and other effective and applicable ordinances. The Zoning Officer's refusal to issue an occupancy permit shall include a written statement to the applicant containing reasons for such denial.

(2) 

Occupancy permits are required for the following:

(a) 

Occupancy of a new building.

(b) 

Occupancy and use of a building hereafter moved or altered so as to require a zoning permit.

(c) 

Change in the use of an existing building other than to a use of the same type.

(d) 

Occupancy and use of vacant land.

(e) 

Change in the use of land except to another use of the same type.

(f) 

Any change in use of a nonconforming use.

(3) 

Occupancy permits shall state that the building or the proposed use of a building or land complies with all provisions of this article and is deemed to authorize and is required for both initial and continued occupancy and use of the building and land so long as such building and use is in full conformity with the provisions of this article.

D. 

Fees.

[Amended 6-15-1994 by Ord. No. 820]

(1) 

The Borough Council shall set and adopt by resolution a reasonable schedule of fees and charges as well as collection procedures for permits, conditional uses, special exceptions, variances, amendments and other administrative procedures pertaining to this article and may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board.

(2) 

Fees for these hearings may include compensation for the Secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.

E. 

Zoning Hearing Board.

(1) 

Creation, appointment and organization.

[Amended 6-15-1994 by Ord. No. 820]

(a) 

The membership of the Zoning Hearing Board shall consist of three residents of the Borough appointed by resolution of the Borough Council. Their terms of office shall be three years and shall be fixed so that the term of office of one member shall expire each year. The Zoning Hearing Board shall promptly notify the Borough Council of any vacancies that occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office in the municipality.

(b) 

The Borough Council may appoint by resolution at least one but no more than three residents of Baden Borough to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years. Alternates shall hold no other elective or appointive office in the Borough. Any alternate may participate in proceedings or discussions of the Board but shall not be entitled to vote as a member of the Board nor be compensated unless designated as a voting alternate member pursuant to the following process:

[1] 

If by reason of absence or disqualification of a member a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum.

[2] 

Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case.

[3] 

Designation of an alternate shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.

(c) 

The Zoning Hearing Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Board as provided by law. The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the municipality and laws of the commonwealth. The Board shall keep full public records of its business and shall submit a report of its activities to the Borough Council once a year.

(d) 

Members of the Board may receive compensation for the performance of their duties as may be fixed by the Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the Borough Council. Alternate members may receive similar compensation when designated to participate in hearings as specified in § 193-23E(1)(b) above.

(e) 

The Zoning Hearing Board may employ or contract for and fix the compensation of legal counsel, as the need arises. The legal counsel shall be an attorney other than the Borough Solicitor. The Board may also employ or contract for and fix the compensation of experts and other staff and may contract for services as it shall deem necessary. The compensation of legal counsel, experts and staff and the sums expended for services shall not exceed the amount appropriated by the Borough Council for this use.

(f) 

The Zoning Hearing Board or hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event, the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.

(g) 

Fees for hearings before the Zoning Hearing Board may include compensation for the Secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.

(2) 

Powers and duties.

(a) 

The Zoning Hearing Board shall hear and decide appeals from any order, requirement, decision or determination made by the Zoning Officer in the administration of this article.

(b) 

The Zoning Hearing Board shall hear and decide all matters referred to it or upon which it is required to pass under this article and other applicable laws of the Commonwealth of Pennsylvania.

(c) 

The Zoning Hearing Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of a valid ordinance or map or any valid rule or regulation governing the action of the Zoning Officer.

(d) 

The Zoning Hearing Board shall hear challenges to the validity of a zoning ordinance or map. In all such challenges, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.

(e) 

The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this article inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided that the following findings are made where relevant in a given case:

[1] 

That there are unique physical circumstances or conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions.

[2] 

That, because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this article and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

[3] 

That such unnecessary hardship has not been created by the appellant.

[4] 

That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

[5] 

That the variance will represent the minimum variance that will afford relief.

(f) 

The Zoning Hearing Board may authorize special exceptions where the governing body in this article has made provision for such procedures pursuant to express standards and criteria. The Board may attach such additional conditions and safeguards as it may deem necessary.

(g) 

Where it has zoning jurisdiction, the Zoning Hearing Board shall also hear all appeals which an applicant may elect to bring before it with respect to any municipal ordinance or requirement pertaining to the same development or development plan. The Board shall have no power to pass upon the nonzoning issues but shall take evidence and make a record thereon.

(3) 

Procedure. The procedure of the Zoning Hearing Board shall be governed by the provisions of applicable laws of the Commonwealth of Pennsylvania and such rules, not inconsistent therewith, as the Board may adopt. In general, the procedure for appeal from action of the Zoning Officer shall be as follows:

(a) 

Any appeal from the requirements of this article shall be taken by filing with the officer from whom the appeal is taken and with the Zoning Hearing Board a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all of the documentary material constituting the record upon which the action appealed was taken.

(b) 

The appellant shall, at the time of filing his appeal, pay the enforcing officer a fee as determined by the governing body to defray or help defray the required advertising costs.

(c) 

Each appeal shall be tried on its merits at a public hearing. All hearings shall be conducted in accordance with the requirements of the Pennsylvania Municipalities Planning Code, Act 247,

Editor's Note: See 53 P.S. § 10101 et seq.
with respect to such proceedings. Notice of such appeal shall be given by publishing in a newspaper of general circulation in the Borough and in accordance with the applicable law. The Board shall give the additional notice required by law to all parties in interest and may adjourn any hearing for the purpose of giving such notice.

(d) 

The Planning Commission shall furnish all pertinent narrative material, maps, charts and other data relative to the problem for reference by all concerned. The Board may adjourn any hearing for the purpose of reviewing such data as may be pertinent to the problem and request interpretations of said data by a representative of the Planning Commission.

(e) 

The Board shall decide each appeal within the time fixed by law, and notice thereof shall be given to all parties in interest. The Board's decision shall be immediately filed in its office and be a public record. In the exercise of its functions upon such appeals or upon exceptions, the Board may, in conformity with law, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from, or make such order, requirement, decision or determination as in its opinion is justified to be made.

(f) 

Within seven calendar days after rendering a decision on an appeal, request for variance or special exception, the Zoning Hearing Board shall file a copy of such decision with the Borough Secretary for distribution to the governing body.

(g) 

Any person, officer or agency of the municipality that is aggrieved by any decision of the Board may appeal therefrom within 30 days to the Court of Common Pleas as provided by law.

A. 

Permitted changes. Whenever the public necessity, convenience or general welfare indicate, the governing body may, by ordinance in accordance with applicable laws of the Commonwealth of Pennsylvania, amend, supplement or change the regulations, restrictions, boundaries or classifications of buildings, structures and land, as the same are established by this article or may hereafter be made a part thereof.

B. 

Application or petitions. Applications or petitions for any change or amendments to existing zoning districts shall be made to the office of the Planning Commission and shall be accompanied with a fee as determined by the governing body, payable to the Borough of Baden, which shall be deposited in the general fund. This fee is for the purpose of defraying the costs of preparing the necessary plats, maps, data, legislations and notices and all official publications required by the Borough and shall not be refundable even if the application is disapproved by the governing body.

C. 

Amendment by municipality. The Council of the Borough of Baden may, from time to time, on its own motion or petition, after public notice and hearing, amend the regulations and districts herein established, but no amendment shall become effective unless the same shall have first been submitted to the Borough Planning Commission at least 30 days prior to the public hearing, to provide the Planning Commission an opportunity to submit recommendations. If the amendment is changed substantially or revised to include changes in land area following a public hearing upon the amendment, the Council shall hold another public hearing pursuant to public notice. The Borough shall submit amendments to the Beaver County Planning Commission for review at least 30 days prior to public hearings and shall forward copies of amendments to said agency within 30 days of enactment.

[Amended 6-15-1994 by Ord. No. 820]

D. 

Curative amendment. A landowner who desires to challenge on substantive grounds the validity of an ordinance or map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the governing body with a written request that his challenge and proposed amendment be heard and decided. The governing body shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the planning agency and notice of the hearing thereon shall be given.

E. 

Public hearing.

(1) 

The governing body shall fix the time and place of a public hearing on the proposed amendment and cause notice to be given.

(2) 

The notice shall state briefly the substance of the proposed amendment as well as the date, time and place of hearing.

(3) 

If a proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Borough at points deemed sufficient along the perimeter of the tract to notify potentially interested citizens. The affected tract or areas shall be posted at least one week prior to the date of the hearing.

[Added 6-15-1994 by Ord. No. 820]

The interpretation and application of the provisions of this article shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare. The chapter is not intended to interfere with or abrogate or annul other rules, regulations or ordinances of the Borough of Baden, provided that, where this article imposes a greater restriction upon the use of building or premises or upon the height of a building or requires larger open spaces than are imposed by other such rules, regulations or ordinances, the provision of this article shall prevail.

[Amended 6-15-1994 by Ord. No. 820]
A. 

Causes of action.

(1) 

If a violation of this article occurs, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this section. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel and to any other person requested in writing by the owner of record.

(2) 

The enforcement notice shall state at least the following:

(a) 

The name of the owner of record and any other person against whom the Borough intends to take action.

(b) 

The location of the property in violation.

(c) 

The specific violation with a description of requirements that have not been met, citing in each instance the applicable provisions of this article.

(d) 

The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

(e) 

That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this article.

(f) 

That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.

B. 

Remedies. In case any building, structure or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this article, the Borough Council or, with the approval of the Council, an officer of the Borough, or an aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Borough at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Borough. No such action may be maintained until such notice has been given.

[Amended 6-15-1994 by Ord. No. 820]

Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that violation continues shall constitute a separate violation, unless the District Justice, determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating this article to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of zoning ordinances shall be paid over to the Borough.

[Adopted 3-19-1997 by Ord. No. 838]

§ 193-28
Purpose and intent. 

§ 193-29
Definitions. 

§ 193-30
Classification. 

§ 193-31
Permit required. 

§ 193-32
Issuance of permit. 

§ 193-33
Fees. 

§ 193-34
Inspection. 

§ 193-35
Expiration of permit. 

§ 193-36
Suspension of permit. 

§ 193-37
Revocation of permit. 

§ 193-38
Transfer of permit. 

§ 193-39
Location of sexually oriented businesses. 

§ 193-40
Regulations; exhibition of sexually explicit films or videos. 

§ 193-41
Exemptions. 

§ 193-42
Injunction. 

It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the Borough and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of sexually oriented businesses within the Borough. The provisions of this article have neither the purposes nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market; neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene material.

As used in this article, the following terms shall have the meanings indicated:

ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
A. 

A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration one or more of the following:

(1) 

Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or

(2) 

Instruments, devices or paraphernalia which are designated for use in connection with specified sexual activities.

B. 

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as "adult bookstore or adult video store." Such other business purposes will not serve to exempt such commercial establishment from being categorized as an "adult bookstore or adult video store," so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.

ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment which regularly features:
A. 

Persons who appear in the state of nudity; and

B. 

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

C. 

Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified anatomical areas or by specified sexual activities.

ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A. 

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the description of specified anatomical areas or by specified sexual activities, and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

B. 

Offers sleeping rooms for rent four or more times in one calendar day during five or more calendar days in any continuous thirty-day period.

ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified anatomical areas or by specified sexual activities.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
BOROUGH
Borough of Baden.
ESCORT
A person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its business purposes for a fee, tip or other consideration.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or displays specified anatomical areas or by specified sexual activities is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
NUDITY or STATE OF NUDITY
The appearance of a human bare buttock, anus, male genitals, female genitals or female breast.
PERMITTEE and/or LICENSEE
A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
SEMINUDE
A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
A. 

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

B. 

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or is seminude.

SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A. 

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

B. 

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

C. 

Masturbation, actual or simulated; or

D. 

Excretory functions as part of or in connection with any of the activities set forth in Subsections A through C above.

SUBSTANTIAL ENLARGEMENT
Of a sexually oriented business, the term refers to the increase in floor areas occupied by the business by more than 25%, as the floor areas exist on date of enactment of this article.
TRANSFER OF OWNERSHIP OR CONTROL
With reference to a sexually oriented business, includes any of the following:
A. 

The sale, lease or sublease of the business;

B. 

The transfer of securities which constitutes a controlling interest in the business, whether by sale, exchange or similar means; or

C. 

The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for the transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

Sexually oriented businesses are classified as follows:

A. 

Adult arcades.

B. 

Adult bookstores or adult video stores.

C. 

Adult cabarets.

D. 

Adult motels.

E. 

Adult motion-picture theaters.

F. 

Adult theaters.

G. 

Escort agencies.

H. 

Nude model studios.

I. 

Sexual encounter centers.

A. 

Any person who operates a sexually oriented business without a valid permit issued by the Borough is guilty of a violation of the Zoning Ordinance of the Borough.

B. 

An application for a permit to operate a sexually oriented business must be made on a form provided by the Code Enforcement Officer of the Borough. The application must be accompanied by a sketch or diagram showing the floor plan and plot plan configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to any accuracy of plus or minus six inches.

C. 

The applicant must be qualified according to the provisions of this article, and the premises must be inspected and found to be in compliance with the law by the Code Enforcement Officer.

D. 

If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has an interest of 10% or greater in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a direct or indirect interest of 10% or greater in the corporation must sign the application for a permit as applicant.

E. 

The fact that a person possesses other types of Borough permits does not exempt the person from the requirement of obtaining a sexually oriented business permit.

A. 

The Borough Code Enforcement Officer shall approve the issuance of a permit to an applicant within 30 days after receipt of an application unless he finds one or more of the following to be true:

(1) 

An applicant is under 18 years of age.

(2) 

An applicant or an applicant's spouse is overdue in his payment to the Borough of taxes, fees, fines or penalties assessed against him or imposed upon him in relation to a sexually oriented business.

(3) 

An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form.

(4) 

An applicant is residing with a person who had been denied a permit by the Borough to operate a sexually oriented business within the preceding 12 months or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months.

(5) 

The premises to be used for the sexually oriented business have been reviewed and have been disapproved by either the Code Enforcement Officer or the Fire Chief as not being in compliance with applicable laws and ordinances.

(6) 

The permit fee required by this article has not been paid.

(7) 

An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this article.

(8) 

An individual applicant or any individual holding a direct or indirect interest of more than 10% of a corporate applicant, or any of the officers and directors of a corporate applicant if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, or the manager or other person in charge of the operation of the applicant's business has or have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania, including but not limited to prostitution, obscenity and possession of child pornography, or convicted of any offense in any jurisdiction other than the Commonwealth of Pennsylvania that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania. In order for approval to be denied pursuant to this subsection, the person's or persons' convictions or release in connection with the sexual misconduct offense must have occurred within two years of the date of application in the event of a misdemeanor and within five years of the date of application in the event of a felony.

B. 

The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.

C. 

The Code Enforcement Officer and Fire Chief shall complete their certification that the premises are in compliance or not in compliance within 20 days of receipt of the application by the Code Enforcement Officer. The certification shall be promptly presented to the Code Enforcement Officer.

The annual fee for a sexually oriented business permit is $500.

A. 

An applicant or permittee shall permit representatives of the Police Department, Fire Chief, Code Enforcement Officer or other Borough departments or agencies to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law at any time that the sexually oriented business is occupied or open for business.

B. 

If the Borough Code Enforcement Officer denies renewal of a license, the applicant shall not be issued a permit for one year from the date of denial, except that after 90 days have elapsed since the date of denial, the applicant may be granted a permit if the Code Enforcement Officer finds that the basis for denial of the renewal permit has been corrected or abated.

A. 

Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in § 193-32. Application for renewal should be made at least 30 days before the expiration date and, when made less than 30 days before the expiration date, the pendency of the application will not prevent the expiration of the permit.

B. 

If the Borough Code Enforcement Officer denies renewal of a license, the applicant shall not be issued a permit for one year from the date of denial, except that after 90 days have elapsed since the date of denial, the applicant may be granted a permit if the Code Enforcement Officer finds that the basis for denial of the renewal permit has been corrected or abated.

The Code Enforcement Officer shall suspend a permit for a period not to exceed 30 days if he determines that a permittee or employee of a permittee has:

A. 

Violated or is not in compliance with any section of this article.

B. 

Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises.

C. 

Refused to allow an inspection of the sexually oriented business premises as authorized by this article.

D. 

Knowingly permitted gambling by any person on the sexually oriented business premises.

E. 

Failed to staff managers' stations and/or maintain viewing rooms as set forth in § 193-40.

A. 

The Code Enforcement Officer shall revoke a permit if a cause of suspension set forth in § 193-36 occurs and the permit has been suspended within the preceding 12 months.

B. 

The Code Enforcement Officer shall revoke a permit if he determines that:

(1) 

A permittee, or any of the persons specified in § 193-32A(8), is or has been convicted of the offenses specified in § 193-32A(8).

(2) 

A permittee gave false or misleading information in the material submitted to the Borough during the application process.

(3) 

A permittee or an employee of a permittee has knowingly allowed possession, use or sale of controlled substances on the premises.

(4) 

A permittee or an employee of a permittee has knowingly allowed prostitution on the premises.

(5) 

A permittee or an employee of a permittee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended.

(6) 

A permittee or an employee of a permittee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or another explicit sexual conduct to occur in or on the permitted premises.

(7) 

A permittee is delinquent in payment to the Borough or state of any taxes or fees related to sexually oriented businesses.

C. 

When the Code Enforcement Officer revokes a permit, the revocation shall continue for one year, and the permittee shall not be issued a sexually oriented business permit for one year from the date the revocation became effective, except that if the revocation is pursuant to B(1) above, the revocation shall be effective for two years in the event of a misdemeanor or five years in the case of a felony.

D. 

After denial of an application or denial of a renewal of an application or suspension or revocation of a permit, the applicant or licensee or permittee shall have the right to appeal said action and to seek prompt judicial review of such administrative action in any court of competent jurisdiction.

A permittee shall not transfer his permit to another person. A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application.

A. 

A person is guilty of a violation of the Zoning Ordinance if he operates or causes to be operated a sexually oriented business outside of the district in which a sexually oriented business is a permitted use. No sexually oriented business shall be located outside a district in which a sexually oriented business is a permitted use. Sexually oriented businesses as defined herein shall be permitted in the C-3 Zoning District on the westerly side of State Route 65 beginning at Logan Street and extending north to Johnson Avenue as a conditional use.

[Amended 2-16-2000 by Ord. No. 853]

B. 

A person is guilty of a violation of the Zoning Ordinance if he operates or causes to be operated a sexually oriented business within 1,000 feet of:

(1) 

A church.

(2) 

A public or private pre-elementary, elementary or secondary school.

(3) 

A public library.

(4) 

A child-care facility or nursery school.

(5) 

A public park adjacent to any residential district.

C. 

A person is guilty of a violation of the Zoning Ordinance if he causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 5,000 feet of another sexually oriented business.

D. 

A person is guilty of a violation of the Zoning Ordinance if he causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof, or the increase of floor areas of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

E. 

For the purpose of this article, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a church, public or private pre-elementary, elementary or secondary school, public library, child-care facility or nursery school or to the nearest boundary of an affected public park.

F. 

For purposes of Subsection C of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

G. 

Any sexually oriented business lawfully operating on the date of enactment of this article that is in violation of Subsections A through F of this section shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. In the event that two or more sexually oriented businesses are within 5,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operated at a particular location is the conforming use and the later-established business is nonconforming.

H. 

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit, of a church, public or private pre-elementary, elementary or secondary school, public library, child-care facility, nursery school or public park within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.

I. 

A sexually oriented business shall be limited to a maximum of one on-site sign within the corporate limits of the municipality. No off-site sign shall be permitted. The sign shall be placed on the site on which the business is conducted and shall conform to the following:

[Added 2-16-2000 by Ord. No. 853]

(1) 

Signs shall be limited to a maximum size of 20 square feet including sign surface, borders or other supplementary treatments.

(2) 

Signs may be attached to the principal site building in which the adult business is conducted or be freestanding. A sign attached to the building shall not project above the topmost roofline. The top of a freestanding sign shall not exceed the height of 12 feet above the mean ground elevation of the site.

(3) 

Material depicted on signs shall be limited to the name of the establishment, admission information and hours of operation. No pictures or graphic representations or descriptions shall be shown, displayed or otherwise presented.

(4) 

No animated or flashing signs shall be utilized.

(5) 

In all other respects, signs shall conform to applicable requirements of § 193-18 of the Baden Borough Zoning Ordinance.

A. 

A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises a viewing room of less than 150 square feet of floor space, a film or videocassette or other video or other image production or reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

(1) 

The application for a permit to operate a sexually oriented business shall be accompanied by a floor plan and plot plan diagram of the premises showing a plan thereof specifying the location of one or more managers' stations, the location of all viewing rooms, partitions and doors and the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Zoning Enforcement Officer may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

(2) 

The application should be sworn to be true and correct by the applicant.

(3) 

No alteration in the configuration or location of a manager's station may be made without the prior approval of the Code Enforcement Officer or his designee.

(4) 

It is the duty of the owners and operators of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

(5) 

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding rest rooms. Rest rooms may not contain video reproduction or viewing equipment. If the premises has two or more managers' stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

(6) 

It shall be the duty of the owners and operators and it shall also be the duty of any agents and employees present on the premises to ensure that the view area specified in Subsection A(5) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection A(1) of this section.

(7) 

No viewing room may be occupied by more than one person at any time. No connections or openings to an adjoining viewing room shall be permitted.

(8) 

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level.

(9) 

It shall be the duty of the owners and operators and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

B. 

A person having a duty under sections (1) through (9) of Subsection A above is guilty of a violation of the Zoning Ordinance if he knowingly fails to fulfill that duty.

It is a defense to prosecution under § 193-32 and § 193-39 that a person appearing in a state of nudity did so in a modeling class operated:

A. 

By a proprietary school, licensed by the Commonwealth of Pennsylvania, or a college, junior college or university supported entirely or partly by taxation;

B. 

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or

C. 

In a structure:

(1) 

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

(2) 

Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and

(3) 

Where no more than one nude model is on the premises at any one time.

A person who operates or causes to be operated a sexually oriented business without a valid permit or in violation of this article is subject to an action in equity or suit for injunction as well as citations for violations of the Zoning Ordinance.