Borough of Jacobus, PA Additional Requirements for Specific Uses

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

To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the Borough. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to, increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult uses typically involve insufficient self-regulation to control these secondary effects.

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

To not attempt to suppress any activities protected by the free speech protections of the State and United States Constitutions, but instead to control secondary effects.

An adult use and its parking area shall not be located within any of the following distances, whichever is most restrictive:

Two hundred lineal feet from the lot line of an existing dwelling.

Two hundred lineal feet from the lot line of any lot in a residential zoning district.

One thousand lineal feet from the lot line of any primary or secondary school, place of worship, library, public park or playground, recreation trail, day-care center or nursery school.

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

A fifty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines. If such buffer area does not include substantial mature trees that will be preserved, it shall include continuous screening by evergreen trees with an initial height of five feet.

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

No adult use shall be used for any purpose that violates any federal, state or municipal law.

Pornographic and sexually explicit signs and displays shall be prohibited that are visible from outside of the premises.

The adult use shall not include the sale or display of obscene materials, as defined by Pennsylvania criminal law, as may be amended by applicable court decisions.

An adult use shall be prohibited in all districts except where specifically allowed under § 250-28. An adult use is a distinct use and shall not be allowed under any other use, such as a retail store or club.

A minimum lot area of 30,000 square feet is required.

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

No use may include live actual or simulated sex acts, nor any physical or sexual contact between employees and entertainers, nor between employees or entertainers and customers. At an adult live entertainment use, employees, dancers or entertainers shall maintain a minimum distance of two feet from customers. This shall include, but not be limited to, a prohibition on lap dancing.

(m)

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

(n)

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

(o)

Any application for such use shall state the names and home addresses of all individuals intended to have more than a five-percent ownership in such use or in a corporation owning such use and an on-site manager responsible to ensure compliance with this chapter on a daily basis. A telephone number shall be provided where the on-site manager can be reached during Borough business hours. Such information shall be updated at the beginning of each year, in writing, to the Zoning Officer.

(p)

The use shall not operate between the hours of 12:00 midnight and 7:00 a.m.

(q)

As specific conditions of approval under this chapter, the applicant shall prove compliance, where applicable, with the following state laws, as amended:

The Pennsylvania Liquor Code;[1]

Editor's Note: See 47 P.S. § 1-101 et seq.

Act 219 of 1990[2] (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.);

Editor's Note: See 18 Pa.C.S.A. § 7327.

Act 207 of 1990[3] (which pertains to obscenity); and

Editor's Note: See 18 Pa.C.S.A. § 5903.

Act 120 of 1996[4] (which pertains to adult-oriented establishments and which limits enclosed viewing booths, among other matters).

Editor's Note: See 68 Pa.C.S.A. § 5501 et seq.

(r)

An adult use shall not be on the same lot as a use that sells alcoholic beverages.

(2)

Adult day-care center.

The use shall be fully licensed by the state, if required by the state.

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

The use shall not meet the definition of a "treatment center."

(3)

After-hours club. The applicant shall prove compliance with State Act 219 of 1990, as amended (§ 7327 of Title 18 of the Pennsylvania Statutes), or its successor provision. In the event that the use would be determined to be allowed under state law and be approved under this chapter, a two-hundred-foot setback shall apply from the building and any parking areas from any residential zoning district.

(4)

Animal cemetery.

All the regulations for a cemetery in this section shall apply.

The applicant shall prove, to the satisfaction of the Zoning Officer, that the use will be conducted in such a manner that the public health and groundwater quality will not be threatened.

(5)

Apartments. See Subsection A(42), Single-family attached dwellings (townhouses), and Subsection A(16), Conversion of an existing building (including an existing dwelling) into dwelling units, in this § 250-34.

(6)

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

(7)

Auto, boat or mobile/manufactured home sales.

No vehicle, boat or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area. See buffer yard provisions in § 250-62.

See light and glare standards in § 250-42.

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

(8)

Auto repair garage.

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

All reasonable efforts shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots. See standards in Article V. See buffer yard requirements in § 250-62.

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

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

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

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

(9)

Auto service station.

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

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

Fuel pumps shall meet side yard principal building setback requirements.

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

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

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

A canopy shall be permitted over the gasoline pumps, with a minimum front yard setback of 20 feet from each street right-of-way line.

Such canopy may be attached to the principal building. The canopy shall not include any signs, except for the following:

A sign may be attached to each of two sides of the canopy in place of an allowed freestanding sign;

An allowed wall sign may be placed on a portion of the canopy that is behind the minimum front yard setback line; and

Necessary warning signs.

Within the minimum front yard building setback, the distance between the ground level and the bottom of the canopy shall not be greater than 20 feet. Parts of a sloped canopy may have a taller height if the purpose of the taller height is to deflect soot and glare away from the street or neighboring properties.

Fuel dispensers shall be set back a minimum of 30 feet from the existing street right-of-way line and from any lot line of a lot occupied by a residential use.

(10)

Bed-and-breakfast inn.

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

In addition to any requirements for off-street parking for residents, one off-street parking space shall be provided for each rental unit. The off-street parking spaces for the bed-and-breakfast inn shall be located either to the rear of the principal building or screened from the street and abutting dwellings by landscaping.

There shall not be any signs, show windows or any type of display or advertising visible from outside the premises, except for a single sign with a maximum sign area of six square feet on each of two sides and with a maximum height of eight feet. Such sign shall only be illuminated externally and shall use incandescent light or light of similar effect.

The use shall have a residential appearance and character.

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

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

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

(11)

Boardinghouse (includes rooming house).

Minimum lot area: 15,000 square feet.

Minimum side yard building setback: 15 feet each side.

Minimum lot width: 100 feet.

Maximum density: six bedrooms per acre, but in no case shall the lot serve a total of more than 20 persons.

Each bedroom shall be limited to two adults each.

A buffer yard with screening meeting § 250-62 shall be provided between any boardinghouse building and any abutting dwelling.

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

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

Note: There are separate standards for an assisted living facility, which is not considered a boardinghouse.

(12)

Campground, camp or recreational vehicle campground.

Retail sales shall be allowed as an accessory use. Within a residential district, any store shall be limited to sales of recreational, household, food, gift and camping items. Within a residential district, any store shall be primarily intended to serve persons camping on the site.

All campsites, recreational vehicle sites, and principal commercial buildings shall be set back a minimum of 50 feet from any contiguous lot line of an existing dwelling that is not part of the campground or camp. Within this buffer, the applicant shall prove, to the maximum extent feasible, that any existing healthy trees will be maintained and preserved. Where healthy mature trees do not exist within this buffer, and if practical considering soil and topographic conditions, new trees shall be planted within this buffer.

The screening of evergreens provided in § 250-62 between business and residential uses is not required if the tree buffer would essentially serve the same purpose, or if removal of mature trees would be needed to plant the shrubs.

Removal of trees within this buffer shall be allowed for necessary, approximately perpendicular street, stormwater channel, driveway and utility crossings and to provide safe sight distance.

Buildings used for sleeping quarters shall not be within the one-hundred-year floodplain.

Maximum impervious coverage: within a residential district, 30%, which shall include the typical lot area covered by recreational vehicles at full capacity.

No person, other than a bona fide resident manager/caretaker, shall reside on the site for more than six months in any calendar year. No recreational vehicle shall be occupied on the site for more than six months in any calendar year by any one individual or one family, other than a resident manager/caretaker.

Minimum lot area: two acres.

(13)

Car wash.

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

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

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

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

No portion of a car wash shall be located within 100 feet from the center line of a perennial waterway.

The applicant shall describe whether water used in the operation will be recycled on site.

(14)

Cemetery.

Minimum lot area: two acres, which may be on the same lot as an allowed place of worship.

A crematorium, where allowed by Article III, shall be set back a minimum of 250 feet from all lot lines of existing dwellings and all undeveloped residentially zoned lots.

All structures and graves shall be set back a minimum of 30 feet from the right-of-way of any public street, 10 feet from the cartway of an internal driveway, and 20 feet from any other lot line. Any buildings with a height greater than 20 feet shall be set back a minimum of 50 feet from all lot lines.

No grave sites and no structures shall be located within the one-hundred-year floodplain.

The applicant shall prove, to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that the use will include an appropriate financial system to guarantee perpetual maintenance.

(15)

Commercial communications antenna/tower as principal or accessory use.

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

To protect property values.

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

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

An accessory commercial communications antenna shall be permitted by right in any district if it meets the following requirements:

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

A principal agricultural building or silo;

An electric high-voltage transmission tower;

An existing lawful commercial communications tower;

[d]

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

[e]

A water tower.

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

Any commercial communications antenna/tower that does not meet Subsection A(15)(b) above (such as a new freestanding tower) shall only be allowed where specifically authorized in § 250-28 and in compliance with the following additional regulations:

Such antenna/tower shall be set back from all lot lines and street rights-of-way a distance that is greater than the total height of the antenna/tower above the surrounding ground level. The Board may permit an easement arrangement to be used without meeting the setback requirement from the edge of the leased area, provided that there are legal safeguards to ensure that the setback will continue to be met over time from a lot line.

A new tower, other than a tower on a lot of an emergency services station, shall be set back the following minimum distance from any existing dwelling: 300 feet, plus the total height of the tower above the surrounding ground level.

A tower attached to the ground shall be surrounded by a security fence/gate with a minimum height of eight feet and evergreen plantings or preserved vegetation with an initial minimum height of four feet.

The applicant shall provide a written statement, sealed by a professional engineer, stating that the communications antenna/tower will meet the structural and wind-resistance requirements of the Construction Code.[5]

Editor's Note: See Ch. 82, Art. III, Uniform Construction Code.

The applicant shall describe, in writing, the policies that will be used to offer space on a tower to other communications providers, which shall serve to minimize the total number of towers necessary in the region. This policy shall be designed to minimize the total number of towers necessary in the Borough.

An applicant for a new commercial communications tower shall provide evidence to the Board that they have investigated co-locating their facilities on an existing tower and other tall structures and have found such alternative to be unworkable. The reasons shall be provided.

A maximum total height of 200 feet above the ground shall apply in a commercial and industrial district, and 150 feet in any other district where it may be allowed, unless the applicant proves to the Zoning Hearing Board that a taller height is necessary and unavoidable.

The application shall describe any proposed lighting. The Board may require lighting of an antenna even if it will not be required by the Federal Aviation Administration. Such lighting is intended to provide protection for emergency medical helicopters. Strobe lighting shall not be used, but flashing lights may be used.

A new tower shall be designed in a manner that minimizes its visual intrusiveness and environmental impacts to the maximum extent feasible. For example, monopole designs or designs worked into a flagpole are preferred over lattice designs. Self-supporting towers are preferred over towers with guy wires that would require removal of trees.

A tower/antenna that is intended to primarily serve emergency communications by a county- or Borough-recognized police, fire or ambulance organization and is on the same lot as an emergency services station shall be permitted by right. Such tower/antenna may also serve commercial purposes.

Any antenna and tower that is no longer in active use shall be completely removed within six months after the discontinuance of use. The operator shall notify the Zoning Officer, in writing, after the antenna or tower use is no longer in active use. Any lease shall require such removal by the owner of the antenna/tower. Any lease should provide that the lease shall expire once the antenna/tower is removed. Any lease shall provide that the owner of the land shall remove the antenna or tower if the owner of the antenna or tower fails to do so.

All accessory utility buildings or cabinets shall have a maximum total floor area of 400 square feet (which may be divided among adjacent buildings serving separate companies), have a maximum height of 10 feet and meet principal building setbacks.

No new or existing antenna shall cause interference with public safety telecommunications. The Borough may require the applicant for a new commercial communications tower to submit a study by a radio frequency engineer or other qualified professional to analyze the threat of interference. The study shall also show that the tower and antenna will not create interference with other communications systems, such as amateur ham radio operators.

(16)

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

See Article III, which regulates where conversions are permitted. Applicable state firesafety and Construction Code[6] requirements shall be met.

Editor's Note: See Ch. 82, Art. III, Uniform Construction Code.

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

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

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

An existing residential building to be converted shall maintain a clearly residential appearance, except as may be necessary for restoration of an historic building.

A maximum total of four dwelling units may be developed per lot unless a more restrictive provision is established by another section of this chapter, unless the building contained more than 3,000 square feet of building floor area at the time of adoption of this chapter.

Each unit shall meet the definition of a "dwelling unit" and shall meet the minimum floor area requirements of § 250-60C.

(17)

Day-care center, child.

See also "day care: family day-care home or group day care" as an accessory use in § 250-35.

The use shall comply with any applicable state and federal regulations, including having an appropriate Pennsylvania Department of Public Welfare (or its successor agency) registration certificate or license. In addition, the use shall comply with appropriate provisions of the Borough Construction Code.[7]

Editor's Note: See Ch. 82, Art. III, Uniform Construction Code.

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

In residential districts, where permitted as a principal use, a day-care use shall have a minimum lot area of 8,000 square feet and a minimum setback for the principal building of eight feet from an abutting lot line of a dwelling in a residential district.

The use shall include secure fencing around outdoor play areas.

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

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

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

See also the standards for a place of worship in this section, which allows a day-care center as an accessory use.

(18)

Emergency services station.

The following uses shall be allowed as accessory uses to the principal use of a fire company station: a banquet hall, bingo games, fairgrounds for periodic special events, and an auction house. Any building area uses for a banquet hall shall be set back a minimum of 20 feet from the lot line of an existing dwelling and be separated from such residential lot line by a buffer yard meeting § 250-62.

(19)

Forestry. See Subsection A(46), Timber harvesting, in this section.

(20)

Golf course. A golf course may include a restaurant or clubhouse, provided that such building is located a minimum of 150 feet away from any lot line of an existing dwelling. The maximum impervious area covered by man-made surfaces shall not exceed 5% of the total lot area of the golf course.

(21)

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

The use shall meet the definition in § 250-22.

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

A group home shall include the housing of a maximum of four unrelated persons by right and up to eight unrelated persons by special exception, except:

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

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

As may be approved by the Zoning Hearing Board under § 250-13D.

The facility shall have adequate trained staff supervision for the number and type of residents. If the staffing of the facility has been approved by a state or county human service agency, then this requirement shall have been deemed to be met.

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

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

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

Parking. See § 250-43.

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

The persons living on site shall function as a common household unit.

The applicant shall notify the local ambulance and fire services of the presence of the group home and the type of residents.

An off-street parking space shall be provided for the largest vehicle that serves the use.

(m)

The building shall have lighted exit lights, emergency lighting and interconnected smoke alarms.

(22)

Heliport. The following provisions shall not apply to a heliport that is only used for occasional medical transports:

The applicant shall prove that the heliport has been located and designed to minimize noise nuisances to other properties.

The Zoning Hearing Board may place conditions on the size of helicopters, frequency of use, fueling facilities, setbacks and hours of operation to minimize nuisances and hazards to other properties. Provided that the conditions do not conflict with safety or federal or state regulations, the Zoning Hearing Board may require that the majority of flights approach from certain directions, and not from other directions that are more likely to create nuisances for residential areas.

(23)

Hotel or motel.

See definitions in § 250-22, which distinguish a hotel/motel from a boardinghouse.

Buildings and tractor-trailer truck parking shall be a minimum of 50 feet from any residential lot line.

(24)

Junkyard (includes automobile salvage yard).

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

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

The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared driveways with a minimum width of 15 feet shall be provided throughout the entire use to allow access by emergency vehicles. Adequate off-street parking areas shall be provided for customers.

Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot-wide buffer yard which complies with § 250-62, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.

Burning or incineration is prohibited.

See the noise or dust regulations of Article V.

All gasoline, antifreeze and oil shall be drained from all vehicles and properly disposed of in accordance with state and federal regulations. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious and properly drained surface.

Lot area: five acres minimum; 20 acres maximum.

Tires. See the outdoor storage and display standards in § 250-35.

Any storage of junk shall be maintained a minimum distance of 100 feet from the center line of any waterway and shall be kept out of a drainage swale.

(25)

Kennel.

All buildings in which animals are housed (other than buildings that are completely soundproofed and air conditioned) and all runs outside of buildings shall be located at least 150 feet from all residential lot lines. This one-hundred-fifty-foot setback shall be increased to 200 feet if more than 20 dogs are kept overnight on the lot and shall be increased to 250 feet if more than 50 dogs are kept overnight on the lot.

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

No animal shall be permitted to use outdoor runs from 9:00 p.m. to 8:00 a.m. that are within 250 feet of an existing dwelling. Runs for dogs shall be separated from each other by visual barriers, a minimum of four feet in height, to minimize dog barking.

Kennels shall comply with state law regulating the same.

Minimum lot area: five acres, unless a larger lot area is required by another section of this chapter.

In any case, if five or more dogs age six months or older are kept on a property, it shall be considered a kennel, except, when a lot contains multiple dwellings, each dwelling unit may include the keeping of up to four dogs.

(26)

Livestock and poultry, raising of.

Minimum lot area: five acres.

Any building or concentrated feeding areas for the keeping of livestock or poultry shall be located a minimum of 300 feet from a lot in a residential district, 200 feet from an existing dwelling that is not within a residential district, and 50 feet from all other exterior lot lines. As a special exception use, the Zoning Hearing Board may approve a smaller setback for the expansion of facilities that existed prior to the adoption of this section where the applicant proves that there is no reasonable and feasible alternative and where the applicant proves that the lesser distance would not be detrimental to public health or safety or create significant hazards or nuisances.

The setbacks from property lines provided in this § 250-34A for this use shall not apply from dwellings or lots owned by the operator or owner of the livestock use, affected property owners providing a written notarized letter waiving such setback, or a building housing hogs that is above a manure holding facility.

Fencing shall be used as necessary and practical to prevent livestock from entering streets or unauthorized property.

For a new or expanded raising of livestock or poultry use, evidence shall be provided by the operator/applicant to the Borough to show that there will be compliance with procedures and requirements of the State Nutrient Management Act[8] and accompanying state regulations.

Editor's Note: See 3 Pa.C.S.A. § 501 et seq.

Buildings used for the keeping of livestock or poultry shall:

Not be located within 100 feet of a perennial stream, river, spring, lake, pond or reservoir; and

Not be located within 100 feet of an active public water supply drinking well or an active intake for a public water supply.

For manure storage facilities that are specifically required to have a setback from lot lines under the State Nutrient Management Regulations, that state setback shall apply. For any other manure storage facilities, a one-hundred-foot minimum setback shall apply from all lot lines.

The applicant shall provide a soil and erosion control plan to the County Conservation District for review and pay their review fees.

The applicant shall describe, in writing or on site plans, methods that will be used to address water pollution and insect and odor nuisances.

(27)

Manufactured homes. See Subsection A(30), Mobile/manufactured home, in this section.

(28)

Membership club.

See definition in Article II.

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

This use shall not include an after-hours club.

(29)

Mineral extraction.

The following additional requirements shall be met:

The applicant shall prove that a continuous route over roads will be available and will be used by trucks leaving the use that entirely involves roads with a minimum paved cartway width of 18 feet from the exit driveway of the mineral extraction use to reach a state-numbered highway. This route shall consider any improvements that the applicant proposes to fund.

A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Zoning Officer. Compliance with such plan shall be a condition of Borough permits.

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

A fifty-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 200 feet of an area of excavation. The Board may require this yard to include an earth berm with a minimum average height of six feet and an average of one shade tree for each 40 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence.

New trees shall not be required where preserved trees will serve the same purpose.

The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not owned by the owner or operator of the mineral extraction use:

One hundred feet from the existing right-of-way of public streets and from all exterior lot lines of the property.

One hundred fifty feet from a nonresidential principal building, unless released by the owner thereof.

Four hundred feet from the lot line of a dwelling.

[d]

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

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

Fencing. The Borough Council may require secure fencing in locations where needed to protect public safety. As an alternative, the Borough Council may approve the use of thorny vegetation to discourage public access. Also, warning signs shall be placed around the outer edge of the use.

Hours of operation. The Borough Council, as a condition of conditional use approval, may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.

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

(30)

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

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

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

Each home shall have hitch and tires removed.

Anchoring. A mobile/manufactured home on an individual lot or mobile/manufactured home park shall include a system that properly secures the home to the ground to prevent shifting, overturning or uneven settling of the home. The requirements of the Construction Code[9] shall apply, in addition to the manufacturer's specifications for installation.

Editor's Note: See Ch. 82, Art. III, Uniform Construction Code.

Foundation treatment. The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable fire-resistant material. This enclosure shall have the appearance of a foundation of a site-built home, such as material with a concrete-type or stucco facing, except that metal skirting shall be allowed for a dwelling within a manufactured/mobile home park. Provisions shall be provided for access to utility connections under the home.

(31)

Mobile/manufactured home park.

Plans and permits. Plans shall be submitted and reviewed by the Borough for all mobile/manufactured home parks in compliance with the mobile/manufactured home park provisions of Chapter 215, Subdivision and Land Development, and all other provisions of such chapter that apply to a land development, including the submission, approval and improvements provisions (other than specific provisions altered by this section).

The minimum tract area shall be one acre, which shall be under single ownership.

Density. The maximum average density of the tract shall be five dwelling units per acre. To calculate this density, land in common open space or proposed streets within the park may be included, but land within the one-hundred-year floodplain, wetlands and slopes over 25% shall not be included.

Landscaped perimeter. Each mobile/manufactured home park shall include a thirty-five-foot-wide landscaped area, including substantial attractive evergreen and deciduous trees around the perimeter of the site, except where such landscaping would obstruct safe sight distances for traffic. A planting plan for such area shall be approved by the Zoning Hearing Board. The same area of land may count towards both the landscaped area and the building setback requirements.

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

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

The minimum principal and accessory building setbacks from exterior/boundary lot lines and rights-of-way of preexisting public streets shall be 50 feet.

Each home shall comply with the requirements for mobile/manufactured homes stated herein.

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

Common open space for a mobile home park. A minimum of 15% of the total lot area of the entire mobile home park shall be set aside as common open space for the residents. The applicant shall prove that these areas will be suitable for active or passive recreation.

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

Other requirements. A manufactured/mobile home park shall comply with all of the same requirements of Borough ordinances that apply to a subdivision or land development of site-built single-family detached dwellings, except for requirements that are specifically modified by this § 250-34A.

(32)

Nursing home.

Licensing. Nursing homes shall meet all requirements of the state for the housing and intermedial or highly skilled nursing care of three or more persons.

A minimum of 15% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.

(33)

Outdoor storage and display. The provisions listed for this use under § 250-35 shall apply.

(34)

Picnic grove, commercial.

All buildings, pavilions and areas used for nighttime activities shall be a minimum of 150 feet from an existing dwelling on another lot. All parking areas shall be set back a minimum of 75 feet from any residential lot line. The use shall not operate between the hours of 11:00 p.m. and 7:00 a.m.

Such use shall comply with the noise and glare standards in Article V.

Minimum lot area: two acres.

(35)

Place of worship.

Minimum lot area: 30,000 square feet in a residential district, unless a larger lot area is required by the applicable zoning district. In any other district, a place of worship shall meet the minimum lot area provided in Article III for that district.

A primary or secondary school and/or a child or adult day-care center may be approved on the same lot as a place of worship, provided the requirements for such uses are also met. See § 250-27.

A maximum of one dwelling unit may be accessory to a place of worship on the same lot to house employees of the place of worship and/or an employee and his/her family.

(36)

Recreation, outdoor.

All buildings, pavilions and areas used for nighttime activities shall be a minimum of 100 feet from an existing dwelling on another lot.

This term shall not include publicly owned recreation, a golf course, or a motor vehicle racetrack.

See provisions for a nonhousehold swimming pool in this § 250-34.

Such use shall comply with lighting, noise and glare control. (See Article V.)

Where woods exist adjacent to an exterior lot line of the use adjacent to a residential lot line, such woods shall be preserved within at least 20 feet of such lot line, except for approved driveway, utility and trail crossings. Where such woods will not exist, a twenty-foot-wide buffer yard in accordance with § 250-62 shall be required.

(37)

Recycling collection center.

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

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

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

A twenty-foot-wide buffer yard with screening as described in § 250-62 shall be provided between this use and any abutting residential lot line.

This use may be a principal or accessory use, including being an accessory use to an emergency services station or a Borough-owned use, subject to the limitations of this section.

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

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

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

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

(38)

Residential conversions. See Subsection A(16), Conversion of an existing building, within this section.

(39)

Restaurant.

Screening of dumpsters and waste containers. See § 250-65.

See § 250-35D(3), Drive-through facilities.

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

(40)

School, public or private, primary or secondary.

Minimum lot area: 40,000 square feet in a residential district. In any other district, the use shall meet the standard minimum lot area requirement for that district.

No children's play equipment, basketball courts or illuminated recreation facilities shall be within 50 feet of a residential lot line.

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

The use shall be served by both public water and public sewage services.

(41)

Self-storage development.

All storage units shall be of fire-resistant construction.

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

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

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

The use shall not include a commercial auto repair garage.

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

See § 250-62 concerning buffer yards. In addition, any outdoor storage or garage doors within 200 feet of a street right-of-way and visible from the street shall be screened from that street by a buffer yard meeting § 250-62. Any fencing shall be placed on the inside of the plantings.

Minimum separation between buildings: 22 feet; maximum length of any building: 300 feet.

(42)

Single-family attached dwellings (townhouses).

Maximum number of single-family attached dwellings in any attached grouping: eight.

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

Garages. It is strongly recommended that all single-family attached dwellings be designed so that garages and/or carports are not an overly prominent part of the view from public streets. For this reason, parking courts, common garage or carport structures or garages at the rear of dwellings are encouraged instead of individual garages opening onto the front of the building, especially for narrow single-family attached dwellings.

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

Access. Vehicular access points onto all arterial and collector streets shall be minimized to the lowest reasonable number. If a single-family attached dwelling is within a tract of five or more dwelling units, the dwelling unit shall have its own driveway entering onto an arterial or collector street.

(43)

Solid waste transfer facility or solid-waste-to-energy facility.

All solid waste storage, disposal, incineration or processing shall be at least 200 feet from the following: public street right-of-way, exterior lot line, one-hundred-year floodplain, edge of a surface water body (including a water-filled quarry) or wetland of more than 1/2 acre in area.

All solid waste storage, disposal, incineration or processing shall be a minimum of 500 feet from any residential district, perennial creek, publicly owned park or any existing dwelling that the applicant does not have an agreement to purchase.

The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 24 feet. One of these roads may be restricted to use by emergency vehicles.

No burning or incineration shall occur, except within an approved waste-to-energy facility.

The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Borough. Violations of this condition shall also be considered to be violations of this chapter.

Open dumps and open burning of refuse are prohibited.

The applicant shall prove, to the satisfaction of the Zoning Hearing Board, that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash-hauling trucks through or alongside existing residential or residentially zoned areas, and especially considering the width and slopes of streets in the Borough.

The applicant shall prove, to the satisfaction of the Zoning Hearing Board, that the use would not routinely create noxious odors off of the tract.

A chain-link or other approved fence with a minimum height of eight feet shall surround active solid waste disposal areas to prevent the scattering of litter and to keep out children, unless the applicant proves, to the satisfaction of the Zoning Hearing Board, that this is unnecessary. The Board shall require that earth berms, evergreen screening and/or shade trees, as needed, shall be used to prevent waste operations from being visible from a public street or dwelling.

A minimum lot area of 15 acres shall be required for the first 250 tons per day of capacity to treat or dispose of waste, plus five acres for each additional 100 tons per day of capacity. A solid waste facility shall have a maximum total capacity of 500 tons per day.

Health hazards. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.

Attendant. An attendant shall be present during all periods of operation or dumping.

(m)

Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.

(n)

Emergency access. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.

(o)

Under authority granted to the Borough under Act 101 of 1988,[10] the hours of operation shall be limited to between 7:00 a.m. and 9:00 p.m.

[10]

Editor's Note: See 53 P.S. § 4000.101 et seq.

(p)

Tires. See § 250-35D(8), Outdoor storage and display.

(q)

Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.

(r)

Dangerous materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed or incinerated. "Infectious materials" are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.

(s)

For a solid-waste-to-energy facility or solid waste transfer facility, all loading and unloading of solid waste shall only occur within an enclosed building and over an impervious surface which drains to a holding tank that is then adequately treated. All solid waste processing and storage shall occur within enclosed buildings or enclosed containers.

(44)

Stable, nonhousehold (includes riding academies). [See also § 250-35D(9), Keeping of Pets.]

Minimum lot area: two acres for the first horse or similar animal, plus one acre for each additional horse or similar animal.

Any horse barn, manure storage areas or stable shall be a minimum of 100 feet from any lot line of an adjacent dwelling.

Manure shall be regularly collected and disposed of in a sanitary manner that avoids nuisances to neighbors. Manure shall be stored in a manner that prevents it from being carried off by runoff into a creek. Manure shall not be stored within 100 feet of a perennial waterway.

(45)

Swimming pool, nonhousehold.

The water surface shall be set back at least 50 feet from any existing dwelling on another lot.

Minimum lot area: one acre.

Any water surface within 100 feet of an existing dwelling on another lot shall be separated from the dwelling by a buffer yard meeting § 250-62.

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

Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property and that does not enter into a creek.

(46)

Timber harvesting.

A soil and erosion conservation plan shall be prepared and submitted if the timber harvesting involves more than one acre.

Clear-cutting shall not cover more than one acre, except in areas approved for construction of buildings, parking, stormwater facilities, utilities or other improvements.

(47)

Treatment center.

See definition in § 250-22.

The applicant shall provide a written description of all conditions (such as criminal parolees, alcohol addiction) that will cause persons to occupy the use during the life of the permit. Any future additions to this list shall require an additional special exception approval.

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

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

If the use involves five or more residents, a suitable recreation area shall be provided that is supervised by the center's staff.

(48)

Trucking company terminal.

As a condition of approval, the Zoning Hearing Board may require additional earth berming, setbacks, landscaping and lighting controls as they determine to be necessary to provide compatibility with adjacent dwellings. These measures shall be designed to minimize glare, noise, soot, dust, air pollutants and other nuisances upon dwellings.

(49)

Veterinarian office (includes animal hospital).

Minimum lot area: one acre.

Any structure in which animals are treated or housed shall be a minimum of 30 feet from any lot line of an existing dwelling. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be perceived within any adjacent dwellings.

Animals undergoing treatment may be kept as an accessory use. However, a commercial kennel shall only be allowed if a kennel is permitted in that district and if the applicable requirements are met.

(50)

Windmill(s) designed primarily for generating electricity for off-site use.

Setbacks. A windmill regulated by this section shall be set back the following minimum distances, whichever is greater:

From any lot line or street right-of-way: 1.1 times the total height.

From any lot line of a public park or publicly owned open space: 600 feet.

From any occupied dwelling unit on another lot: 1,000 feet.

Temporary towers designed to test possible locations for a windmill shall be permitted by right, provided they are removed within one year and meet the same setbacks as a windmill.

Rotor blades or airfoils must maintain at least 12 feet of clearance between their lowest point and the ground.

Decommissioning. A windmill shall be considered a discontinued use after one year without energy production, unless a plan is developed and submitted to the Zoning Officer outlining the steps and schedule for returning the windmill to service. All windmills and accessory facilities shall be removed to four feet below ground level within 90 days of the discontinuation of use.

§ 250-35 Accessory uses.

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

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

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

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

(1)

Antenna, standard (includes amateur radio antenna).

Height. No standard antenna, including its supporting structure, shall have a total height above the average surrounding ground level of greater than 75 feet.

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

(2)

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

See § 250-28 under "Accessory Uses" and the definitions in § 250-22 concerning the number of children who can be cared for in different zoning districts in a family day-care home or a group day-care home.

In any case, five or more children (other than children who are related to the primary caregiver) shall only be cared for at one time within a dwelling that is not attached to another dwelling. The care of fewer numbers of children may occur within any lawful dwelling unit.

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

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

If seven or more children are cared for who are not related to the primary caregiver, then a minimum of 400 square feet of exterior play area shall be available, surrounded by a six-foot-high secure fence.

See also "day-care center" as a principal use in § 250-34, and "day care as accessory to a place of worship" in § 250-28.

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

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

(3)

Drive-through facilities.

The proposed traffic flow and ingress/egress shall not cause traffic hazards on adjacent streets.

On-lot traffic circulation and parking areas shall be clearly marked.

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

(4)

Fences and walls.

Fences and walls are permitted by right in all districts. Any fence or wall shall be durably constructed in accordance with the Uniform Construction Code,[1] if required, and be well-maintained. Fences that have deteriorated shall be replaced or removed. A fence shall not be required to comply with minimum setbacks for accessory structures.

Editor's Note: See Ch. 82, Art. III, Uniform Construction Code.

No fence, wall or hedge shall obstruct the sight distance as required by § 250-62C and/or Chapter 215, Subdivision and Land Development.

Fences.

Any fence located in the required minimum front yard of a lot in a residential district or C-N District shall:

Be an open-type of fence (such as picket, wrought iron, vinyl post, or split rail), with a minimum ratio of 1:1 of open to structural areas; and

Not exceed four feet in height. A taller height may be approved by the Zoning Officer if necessary to contain animals or to address a specific hazard, such as an electric transformer.

On a corner lot, a fence or wall shall meet the same requirements along both streets as would apply within a minimum front yard. However, a fence that only extends behind the rear of a dwelling may have a maximum height of six feet along the street that does not face the front of the dwelling.

Height.

A fence located in a residential district in a location other than a required front yard shall have a maximum height of six feet, except a maximum of height of 10 feet shall be allowed around a tennis court (provided it is outside of the minimum front yard), and a taller height may be allowed where the applicant proves to the Zoning Officer that such taller height is necessary to protect public safety around a specific hazard.

A fence in the minimum front yard that is not within a residential district shall have a maximum height of four feet.

Setbacks. No fence shall be built within an existing street right-of-way. A fence may be constructed without a setback from a lot line, except that a fence shall be located on the inside of any buffer plantings required by § 250-62, and except that a five-foot minimum setback shall apply for a fence of a principal business that is more than six feet in height and that is adjacent to a principal dwelling. Where no setback is required, a one-foot or greater setback is recommended to provide for future maintenance of the fence and to account for possible inaccurate lot lines.

Fence materials. Barbed wire shall not be used as part of fences around dwellings in residential districts. Electrically charged fences shall only be used to contain farm animals and shall be of such low intensity that they will not injure humans. No fence or wall shall be constructed out of fabric, junk, junk vehicles, appliances, drums or barrels.

Walls.

Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section and are permitted by right as needed in all districts. However, if a retaining wall is over eight feet in height, it shall be set back a minimum of 15 feet from a lot line or an existing dwelling.

No wall of greater than three feet shall be located in the required front yard in a residential district, except as a backing for a permitted sign as permitted in § 250-51.

A wall in a residential district outside of a required front yard shall have a maximum height of three feet if it is within the minimum accessory structure setback.

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

If a retaining wall involves a dropoff of more than three feet, a thirty-seven-inch minimum height fence or secure railing shall be installed along the wall, unless a stricter requirement is established under the Construction Code.[2]

Editor's Note: See Ch. 82, Art. III, Uniform Construction Code.

(5)

Garage sale (includes yard sale, moving sale and porch sale).

See definition in Article II. See Chapter 243, Yard Sales.

Garage sale signs shall have a maximum sign area of two square feet, shall not be placed more than two days before the sale, and shall be removed within 12 hours after the conclusion of the garage sale.

(6)

Home occupations.

All home occupations shall meet the following requirements:

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

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

The use shall occupy an area that is not greater than 25% of the total floor area of the principal dwelling unit. The use shall be accessory to the residential use. An accessory building may be used.

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

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

The regulations of § 250-35D(11)(d) regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.

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

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

Any tutoring or instruction shall be limited to a maximum of three students at a time.

[10]

A barbershop or beauty shop shall not include any nonresident employees.

[11]

The main office of a medical doctor, chiropractor or dentist shall not be permitted as a home occupation.

[12]

A home occupation may include a single one-square-foot nonilluminated sign, as permitted by Article VII. The sign shall have a maximum height above the ground of six feet and may be attached to a building or a pole. The sign shall not be allowed within the street right-of-way.

[13]

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

[14]

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

[15]

The use may include sales using telephone, mail order or electronic methods. On-site retail sales shall be prohibited, except for sales of hair care products as accessory to a barbershop/beauty shop.

[16]

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

[17]

A zoning permit shall be required for a major home occupation.

In addition to the requirements listed in Subsection D(6)(a) above, the following additional requirements shall apply to a minor home occupation:

The use shall not routinely involve routine visits to the home occupation by customers or more than one nonresident employee at a time.

The use shall only involve the following activities:

Work routinely conducted within an office;

Custom sewing and fabric and basket crafts;

Cooking and baking for off-site sales and use;

[d]

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

[e]

Repairs to and assembly of computers and computer peripherals; and

[f]

A construction tradesperson, provided that no nonresident employees routinely operate from the lot.

A zoning permit shall not be required for a minor home occupation.

A minor home occupation includes but is not limited to a use meeting the definition of a "no-impact home-based business." See definitions under "home occupation" in § 250-22.

(7)

Outdoor furnace.

The following setbacks shall apply from a lot that is not in common ownership with the lot occupied by the outdoor furnace:

An outdoor furnace shall be set back a minimum of 150 feet from any existing occupied building on another lot.

The outdoor furnace shall be set back a minimum of 50 feet from any other lot line.

The exhaust stack or chimney of the outdoor furnace shall have a minimum height of 30 feet if it is within 250 feet from any occupied building on another lot.

The applicant shall show compliance with the Borough Construction and Mechanical Codes.[3] The furnace shall include properly functioning spark arrestors.

Editor's Note: See Ch. 82, Building Construction.

The furnace shall not be used to burn rubber, plastics, hazardous materials, putrescent garbage, paint products, manure or asphalt products.

(8)

Outdoor storage and display, commercial or industrial, as a principal or accessory use.

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

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

Screening. See § 250-62.

Tire storage.

For tires not mounted on a motor vehicle, any outdoor storage of more than five tires on a lot in a residential district or more than 50 used tires in a nonresidential district shall only be permitted as part of a Borough-approved junkyard.

The outdoor storage of more than 50 used tires shall be limited to the I-C District.

Where allowed, any storage of used tires shall involve stacks with a maximum height of 15 feet and that cover a maximum of 400 square feet. Each stack shall be separated from other stacks from all lot lines by a minimum of 75 feet. If the same set of tires is stored on a lot for more than six months, they shall be stored within a building or trailer.

The operator of a lot involving tire storage shall prove that the tires are stored in a manner that minimizes public health hazards from the breeding of vectors in accumulated water and/or that the site is regularly sprayed to minimize vectors.

(9)

Keeping of pets.

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

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

A maximum total of four dogs and six cats shall be permitted to be kept by residents of each dwelling unit on their residential premises.

Such limits shall only apply to dogs or cats over six months in age.

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

Pigeons, chickens, roosters, ducks, geese and/or similar fowl shall not be kept on a lot of less than one acre. However, if the total weight of such fowl exceeds 500 pounds, then the requirements shall be met for raising of livestock or poultry.

Any keeping of pets shall only be permitted provided it does not create unsanitary conditions or noxious odors for neighbors.

Horses: minimum lot area: two acres for the first horse or similar animal, plus one acre of pasture for each horse or similar animal in excess of one. Any horse barn, manure storage areas or stable shall be a minimum of 75 feet from any residential lot line.

See the definition of "pets" in § 250-22. Only those pets that are domesticated and are compatible with a residential character shall be permitted as keeping of pets. Examples of permitted pets include dogs, cats, rabbits, fish, gerbils and lizards.

The following animals shall not be allowed to be kept within the Borough: bears, wolves, wolf-dog hybrids, venomous snakes that could be toxic to humans, or constrictor snakes that could be dangerous to humans. The keeping of any exotic wildlife shall also comply with the Pennsylvania Game and Wildlife Code regulations.[4]

Editor's Note: See 34 Pa.C.S.A. § 101 et seq.

The keeping of cows, sheep, goats, hogs and similarly sized animals shall require a minimum lot area of five acres.

(10)

Recreational vehicle parking. See under Subsection D(11), Residential accessory structure or use, in this section.

(11)

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

Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 250-29A, unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard, nor within any yard required to be equal in width to a front yard along a street on a corner lot. See accessory setback regulations in § 250-29.

Accessory buildings in a residential district on a lot of less than two acres shall meet the following requirement:

Maximum of two accessory buildings per lot.

Height. See § 250-29B.

Parking of commercial trucks. The overnight outdoor parking of commercial trucks or the trailer from a tractor-trailer combination on a principal residential lot in a residential district is prohibited, except that one of the following shall be permitted if such vehicle(s) is used by residents of the dwelling to travel to and from work:

The parking of a maximum of one vehicle of up to 13,000 pounds aggregate gross vehicle weight.

The parking of one vehicle with an aggregate gross vehicle weight of over 13,000 pounds aggregate gross vehicle weight, provided such vehicle is kept a minimum of 100 feet from any dwelling on another lot, and provided a row of evergreen trees meeting § 250-62 is planted to buffer views of the vehicle from the street and dwellings on other lots.

Construction equipment that is not primarily intended for on-road use shall not be stored overnight in a residential district, unless needed for on-site construction.

Repairs. Repairs of a truck with an aggregate gross vehicle weight of over 13,000 pounds aggregate gross vehicle weight shall not occur on a residential lot. Repairs of motor vehicles that are not owned or leased by a resident of the lot or his/her relative shall not occur on a residential lot.

See setback exceptions in § 250-62B.

Unlicensed and inoperable vehicles. See the definition of "junkyard."

Recreational vehicles or boats. A recreational vehicle or boat with a length of 24 feet or greater shall not be parked in the front yard of a dwelling during more than two days in any seven-day period.

(12)

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

See the requirements of the Construction Code[5] regarding fencing of pools. In the event such Construction Code does not result in a fence being required, then this chapter provision shall apply. Every swimming pool designed to contain 24 inches or more of water depth shall include a fence, wall, aboveground pool walls or similar enclosure surrounding the pool. Such enclosure shall extend not less than four feet above the ground. All gates shall be self-closing and self-latching, with latches placed at least four feet above the ground.

Editor's Note: See Ch. 82, Art. III, Uniform Construction Code.

A swimming pool shall not be located in a minimum front yard. The water surface and any raised decking of a swimming pool shall be set back a minimum of five feet from side and rear lot lines.

(13)

Unit for care of relative.

The use shall meet the definition in § 250-22.

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

The applicant shall prove to the Zoning Officer that the accessory unit has been designed and constructed so that it can be reconverted, with minor work, into part of the principal dwelling unit within 90 days following or is a modular cottage that will be completely removed from the lot after the relative no longer resides within the unit. Such accessory unit may be converted into an additional bedroom(s), permitted home occupation area or similar use. A lawful detached garage may be converted into a unit for care of relative and then be reconverted to a garage or permitted home occupation area or otherwise function as part of the principal dwelling unit.

The applicant shall establish a legally binding mechanism, in a form acceptable to the Borough, that will prohibit the use of the accessory unit as a separate dwelling unit after the relative no longer resides within the unit. Such mechanism shall also be binding upon future owners.

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

Such accessory unit shall not decrease the one-family residential appearance of a one-family dwelling, as viewed from exterior property lines. The accessory unit shall be attached to the principal dwelling unit, except a detached dwelling may be specifically approved by the Zoning Hearing Board as a special exception. If a detached modular dwelling is placed on the property, it shall be completely removed within 90 days after the relative no longer lives within it. A detached dwelling shall only be placed on the lot if it will meet principal building setbacks and has a maximum building floor area of 900 square feet.