Borough of Paxtang, PA Article XVI Specific Use Regulations

§ 425-107 Applicability.

A. In addition to the general provisions that are established in Articles IV through X of this chapter for principal, accessory or temporary uses, buildings and structures within a specific zoning district; the additional general provisions for uses, buildings and structures established in Article XII and elsewhere in the chapter; and Article XI relating to the Development Compatibility Standards Overlay Zoning District (DCSO), this article sets forth the specific standards and supplemental regulations that shall be applied to each principal, accessory and temporary use identified in this Article XVI. These specific use standards and supplemental regulations shall be satisfied prior to approval of any application for a zoning permit, building permit, occupancy permit, temporary permit, special exception or conditional use. The applicant shall be required to demonstrate compliance with these standards and regulations and shall furnish whatever evidence is necessary to demonstrate such compliance.

B. All principal, accessory or temporary uses subsequently identified in this Article XVI shall comply with the general provisions for uses within a specific zoning district in which the use is to be located, unless different standards are established in Articles IV through X and Article XI of this chapter; in which case, the more restrictive shall apply.

C. For uses that are permitted within a specific zoning district as conditional uses or special exceptions, see also the procedures and standards in Article XVII of this chapter.

§ 425-108 Additional supplemental standards and requirements for specific principal residential uses.

A. Apartment conversion. Apartment conversions are permitted, subject to the following criteria:

(1) The building shall be a single-family detached dwelling that existed on the effective date of this chapter, and which contained at that time at least 2,400 square feet of habitable floor area. Additionally, the gross floor area, building footprint and building height that existed on the effective date of this chapter shall not be increased to accommodate the proposed apartment conversion.

(2) All apartment conversions shall comply with the minimum lot area and all other area and design requirements for the applicable use in the applicable zoning district [e.g., an apartment conversion resulting in not more than two total dwelling units (including the original dwelling unit), then two-family detached dwelling area and design requirements apply; an apartment conversion resulting in not more than three or more total dwelling units (including the original dwelling unit), then multifamily dwelling area and design requirements apply].

(3) The total number of dwelling units per lot shall be limited to the following:

(a) In the TN Zoning District, the total number of dwelling units per lot shall be two.

(b) In the MNB Zoning District, the total number of dwelling units per lot shall be three.

(4) All units contained on floors above or below grade shall have a direct means of escape to ground level.

(5) All dwelling units shall be located within the principal building.

(6) All dwelling units shall have separate kitchen and bathroom facilities as well as living/sleeping spaces.

B. Bed-and-breakfast. Bed-and-breakfasts are permitted, subject to the following criteria:

(1) The lot proposed for development shall contain a single-family detached dwelling.

(2) Accommodations shall be limited to the following:

(a) In the PAC and TN Zoning Districts, the total number of guest bedrooms for rent shall be three.

(b) In the MNB and DT Zoning Districts, the total number of guest bedrooms for rent shall be six.

(3) In no case shall more than four guest bedrooms for rent be permitted in any one structure, and no more than eight total guest bedrooms for rent shall be permitted per lot.

(4) The owner of the facility or resident manager shall reside upon the premises. Proof of residency shall be provided.

(5) Overnight guests shall not occupy the facility for more than 14 consecutive nights in a thirty-day period.

(6) No cooking facilities shall be provided or permitted in individual guest bedrooms.

(7) Accessory uses, customarily incidental to the use of a bed-and-breakfast, shall be permitted as long as they are permitted accessory and/or principal uses in the applicable zoning district, complement the bed-and-breakfast use, and do not encumber activities of surrounding lots.

C. Continuing care retirement facility. Continuing care retirement facilities are permitted, subject to the following criteria:

(1) Whenever a party or parties seeks to establish a continuing care retirement facility, the party or parties shall file a detailed statement of intent with the Borough describing the proposed use and development of the lot. Such statement shall detail the proposed number and nature of the anticipated occupants and uses. The statement shall identify how said use satisfies a demonstrated need and how it will be conducted in a responsible manner without detriment to surrounding properties and neighborhood.

(2) The continuing care retirement facility is designed primarily for persons aged 55 and over.

(3) The continuing care retirement facility shall be directly affiliated with a parent institution or organization, which shall provide full-time supervision and administration of the residents of the continuing care retirement facility.

(4) The following uses shall be permitted as principal uses within a continuing care retirement facility.

(a) Residential uses:

[1] Long-term-care nursing centers.

[2] Personal care facilities and centers.

[3] Single-family attached dwellings.

[4] Single-family detached dwellings.

[5] Single-family semidetached dwellings.

[6] Two-family detached dwellings.

[7] Multifamily dwellings.

(b) Public-semipublic uses:

[1] Parks, other outdoor non-commercial outdoor recreational uses.

[2] Libraries and community activity buildings.

[3] Indoor recreation uses and structures.

[4] Post office.

(c) Institutional uses:

[1] Places of worship.

(5) The following uses shall be permitted as accessory uses in the continuing care retirement facility for the use of residents and guests.

(a) Accessory service uses:

[1] Day care.

[2] Medical offices and clinics.

[3] Common dining.

[4] Indoor recreation.

(b) Accessory commercial uses:

[1] Banks.

[2] Food services.

[3] Retail businesses.

[4] Personal services.

[5] Restaurants, no drive-in or drive-through facilities.

(c) Each accessory use shall be located in a building occupied by residential uses or in a community activities building.

(d) Each accessory commercial use shall not exceed 2,500 square feet of net floor area.

(e) The total area reserved of accessory commercial uses shall not exceed 4% of the total gross land area of the original tract/lot or no more than 25,000 square feet, whichever is less.

(6) In addition to the standards set forth in this subsection, all continuing care retirement facilities shall comply with the following lot area and all other area and design requirements for applicable use in the applicable zoning district:

(a) The maximum density shall be 12 units per acre.

(b) The maximum impervious lot coverage shall be 60%.

(c) The minimum vegetative coverage shall be 40%.

(d) No building shall be within 25 feet of the lot or property line of the continuing care retirement facility or within 35 feet of a public street right-of-way.

(e) In instances where there is more than one building on a single lot, the following minimum building separation requirements shall apply:

[1] Front to front: 70 feet.

[2] Front to side: 50 feet.

[3] Front to rear: 40 feet.

[4] Side to rear: 20 feet.

[5] Side to side: 15 feet.

[6] Rear to rear: 30 feet.

[7] Corner to corner: 20 feet.

D. Group care. Group care facilities are permitted, subject to the following criteria:

(1) Whenever a party or parties seeks to occupy a dwelling or other building as a group care facility, the party or parties shall file a detailed statement of intent with the Borough describing the proposed use of the dwelling or building. Such statement shall detail the proposed number and nature of the anticipated occupants. The statement shall identify how said use satisfies a demonstrated need and shall be conducted in a responsible manner without detriment to surrounding properties and neighborhood.

(2) A group care facility shall be directly affiliated with a parent institution or organization, which shall provide full-time supervision and administration to the residents of the group care facility.

(3) Under no circumstances shall any uses qualifying for or falling under the definition of a "halfway house" or "treatment center" be considered a group care facility.

E. Lodging and/or boarding home. Lodging and/or boarding homes are permitted, subject to the following criteria:

(1) Accommodations shall be limited to the following:

(a) In the MNB Zoning District, the total number of tenant/guest rooms/units for rent shall be two and the boardinghouse shall not accommodate more than four tenants/guests total.

(b) In the DT Zoning District, the total number of tenant/guest rooms/units for rent shall be four and the boardinghouse shall not accommodate more than eight tenants/guests total.

(2) All tenant/guest rooms/units shall be limited to two tenants/guests each.

(3) The owner of the facility or resident manager shall reside in the lodging and/or boarding home. Proof of residency shall be provided.

(4) All tenant/guest rooms/units available for rooming and/or boarding shall be located within the principal building.

(5) Access to all tenant/guest rooms/units shall be through the interior of the building. No exit doors from individual tenant/guest rooms/units shall lead directly to the exterior of the building.

(6) Tenants/guests on site shall have access to shared common areas for cooking and eating. A common kitchen facility equipped for cooking meals, located on site, shall be available to the residents, or daily meals shall be provided on site for the residents of the lodging and/or boarding home.

(7) Meals for compensation shall be provided only to registered tenants/guests of the lodging and/or boarding home. No cooking facilities shall be provided or permitted in the individual tenant/guest rooms/units.

(8) All tenants/guests shall execute a lease before occupancy.

(9) Tenants/guest rooms shall be leased to the same tenant/guest for at least seven consecutive days.

F. Long-term-care nursing facility or personal care facility. Long-term-care nursing facility or personal care facilities are permitted, subject to the following criteria:

(1) Whenever a party or parties seeks to establish a long-term-care nursing facility or personal care facility on a lot or occupy a dwelling or other building as a long-term-care nursing facility or personal care facility, the party or parties shall file a detailed statement of intent with the Borough describing the proposed use and development of the lot or dwelling or building. Such statement shall detail the proposed number and nature of the anticipated occupants. The statement shall identify how said use satisfies a demonstrated need and shall be conducted in a responsible manner without detriment to surrounding properties and neighborhood.

(2) In addition to residential units' living and sleeping quarters, with or without kitchen facilities, the following accessory uses may be provided for the use of residents and their guests:

(a) Medical offices and clinics.

(b) Common dining facilities.

(c) Community gardens.

(d) Parks and other noncommercial outdoor recreation uses.

(e) Indoor recreation uses.

(f) Day care.

(g) Bank.

(h) Retail business.

(i) Food services.

(j) Personal services.

(k) Place of worship.

(3) In instances where there is more than one building on a single lot, the following minimum building separation requirements shall apply:

(a) Front to front: 70 feet.

(b) Front to side: 50 feet.

(c) Front to rear: 40 feet.

(d) Side to rear: 20 feet.

(e) Side to side: 15 feet.

(f) Rear to rear: 30 feet.

(g) Corner to corner: 20 feet.

(4) Minimum vegetative coverage shall be 40%.

(5) A long-term-care nursing facility or personal care facility shall be directly affiliated with a parent institution or organization, which shall provide full-time supervision and administration to the residents of the long-term-care nursing facility or personal care facility.

G. Mobile/manufactured home park. Mobile/manufactured home parks are permitted, subject to the following criteria:

(1) Mobile/manufactured home parks and individual mobile/manufactured homes within mobile/manufactured home parks shall comply with the provisions set forth in Chapter 160 of this Code, relating to buildings and Chapter 370 of this Code, relating to subdivision and land development, respectively, as well as the following:

(a) Maximum density in a mobile/manufactured home park shall be six units per acre.

(b) Each individual mobile/manufactured home within a mobile/manufactured home park shall comply with the following area and design features as if said mobile/manufactured home was located on an individual lot. In addition, the standards set forth in Table 16-1, Mobile/Manufactured Home Area and Design Standards, each individual mobile/manufactured home shall comply with all other area and design requirements of applicable zoning district:

	Table 16-1 Mobile/Manufactured Home Area and Design Standards
		Permitted Uses
	Area/Design Features	Mobile/Manufactured Home Lot/Area (feet)
	Minimum lot width	50
	Setback - front minimum/maximum	15/25
	Setback - side minimum	10
	Setback - rear minimum	15

(c) In no case shall the distance between any two mobile/manufactured homes be less than 20 feet. These setbacks shall also apply to the mobile/manufactured home park office, service, utility or other buildings.

(d) No mobile/manufactured home lot shall be within 25 feet of the mobile/manufactured home park boundary, nor within 35 feet of an outside street right-of-way.

(e) Each mobile/manufactured home space shall contain no more than one mobile/manufactured home, nor shall it contain more than one family.

(f) Individual mobile/manufactured homes shall have pitched roofs instead of a flat roof, in accordance with Article XI of this chapter relating to the Development Compatibility Standards Overlay Zoning District (DCSO).

(g) Individual mobile/manufactured home owners may install accessory or storage sheds, extensions and additions to mobile/manufactured homes, and exterior patio areas. All such facilities so installed shall not intrude into any required front, side or rear setback and, in every case, shall substantially conform in style, quality and color to the existing mobile/manufactured homes.

(h) Parking shall be provided in accordance with Article XIV of this chapter.

(i) Buffering and screening shall be provided in accordance with Article XII of this chapter, § 425-59, Buffer and screening regulations.

(j) All on-site, outdoor lighting shall be provided in accordance with Article XII of this chapter relating to performance standards for all uses and Chapter 370 of this Code, relating to subdivision and land development.

(k) Each mobile/manufactured home shall be erected and connected to utilities in accordance with Chapter 160 of this Code, relating to buildings; Chapter 370 of this Code, relating to subdivision and land development; and all applicable Borough, state and federal requirements.

(l) All mobile/manufactured homes shall abut a street right-of-way or approved access easement of the mobile/manufactured home park's internal private street system. In no case shall access to such mobile/manufactured homes and mobile/manufactured home lots be provided directly onto, have frontage, or otherwise abut an external public street right-of-way.

(m) All internal streets shall, as a minimum, comply with local street standards of Chapter 370 of this Code, relating to subdivision and land development, and Chapter 366 of this Code, relating to street and sidewalks.

(n) Curbs, gutters and sidewalks shall be constructed and installed on both sides of each street within the mobile/manufactured home park (whether public or private) in accordance with Chapter 366 of this Code, relating to street and sidewalks, and Chapter 370 of this Code, relating to subdivision and land development, in addition to the installation of shade trees in accordance with Chapter 370 of this Code, relating to subdivision and land development, and Chapter 392 of this Code, relating to shade trees.

H. Multifamily dwelling. Multifamily dwellings are permitted, subject to the following criteria:

(1) Dwelling units shall be limited to the following:

(a) In the TN Zoning District, the total number of dwelling units permitted on a lot shall be four.

(b) In the MNB Zoning District, the total number of dwelling units permitted on a lot shall be five.

(c) In the DT Zoning District, the total number of dwelling units permitted on a lot shall be six.

(2) Multifamily dwellings shall comply with the area and design features set forth in Table 16-2, Multifamily Attached Dwelling Area and Design Standards, otherwise they shall comply with the standards of the applicable zoning district.

	Table 16-2 Multifamily Dwelling Area and Design Standards
		Permitted Uses
	Area/Design Features	Multifamily Dwellings
	Lot area per unit - minimum	2,000 square feet per DU
	Minimum lot width at front lot line - interior lot	85 feet
	Minimum lot width at lot frontage - corner lot	100 feet
	Impervious lot coverage - maximum	60%
	Vegetative coverage - minimum	20%

(3) In those instances where more than one multifamily dwelling building is located on the same lot, the following separation distances will be provided between each building:

(a) Front-to-front or rear-to-rear parallel buildings shall have at least 45 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distance to the other end.

(b) A minimum distance of 25 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 15 feet.

(c) A minimum distance of 25 feet is required between end walls and front or rear faces of buildings.

(d) All multifamily dwelling buildings shall be set back a minimum of 15 feet from any interior access drives or parking facilities contained on commonly held lands.

I. Single-family attached dwelling. Single-family attached dwellings are permitted, subject to the following criteria:

(1) Single-family attached dwellings shall comply with the area and design features set forth in Table 16-3, Single-Family Attached Dwelling Area and Design Standards, otherwise they shall comply with the standards of the applicable zoning district:

	Table 16-3 Single-Family Attached Dwelling Area and Design Standards
		Permitted Uses
	Area/Design Features	Single-Family Attached Dwellings
	Lot area per unit - minimum	2,400 square feet per DU
	Minimum lot width at front lot line - interior lot	24 feet
	Minimum lot width at front lot line - corner lot	39 feet
	Setback - side (minimum)	5 feet, except 0 feet at the shared lot line of lawfully attached dwellings constructed with a shared common party wall and the written consent of the owner of the abutting lot and building
	Impervious lot coverage (maximum)	60%
	Vegetative coverage (minimum)	20%

(2) The maximum number of single-family attached dwelling units in a row shall be six.

(3) No more than two abutting single-family attached dwelling units shall have the same front building setbacks, front building lines and rooflines.

(4) In addition, each single-family attached dwelling unit shall be distinguished from the adjacent single-family attached dwelling unit in some appropriate manner such as by varying unit width, use of different exterior materials, or varying arrangements of entrances or windows.

(5) The minimum variation of the front building setback and front building line between single-family attached dwelling units shall be four feet.

(6) For buildings located on corner lots with single-family attached dwelling units, there shall be at least one single-family attached dwelling unit with its primary front facade and orientation and/or location of the main or everyday entrance and its address on each of the intersecting streets, excluding alleys.

J. Two-family detached dwelling. Two-family detached dwellings are permitted, subject to the following criteria:

(1) For those proposed two-family detached dwelling buildings containing side-by-side dwelling units and located on corner lots, there shall be at least one dwelling unit with its primary front facade and orientation and/or location of the main or everyday entrance and its address on each of the intersecting streets, excluding alleys.

§ 425-109 Additional supplemental standards and requirements for specific principal nonresidential uses.

A. Agricultural operation. Agricultural operations are permitted, subject to the following criteria:

(1) The raising and/or keeping of livestock and poultry shall only be permitted in the commercial/industrial districts.

(a) All areas utilized for grazing or pasture areas shall be fenced a minimum of 10 feet from all lot lines.

(b) The applicant shall demonstrate that the methods of disposing of dead animals are in strict compliance with applicable standards established by PADEP. Dead turkeys, chickens or piglets shall be kept in airtight containers. Larger dead animals shall be kept in a manner so as to minimize the spread of odors and disease.

(2) The following setbacks shall be required:

(a) Dwellings and residential accessory uses and structures, which shall comply with the area and design requirements of the applicable zoning district, and except for fences and the special setback requirements set forth in Subsection A(2)(b) below, all agricultural-related structures shall be set back a minimum of 50 feet from any lot line.

(b) Special setback requirements. Slaughter areas and buildings and areas used in the housing and raising of livestock shall be set back a minimum of 300 feet from any adjacent property in the residential districts or existing residential use in the mixed use districts. The special setback requirements may be reduced by special exception, where the applicant demonstrates that because of nature of the agricultural operation, prevailing winds, unusual obstructions, topography or other conditions, a lesser distance would protect abutting lands from odor, dust or other hazards; or that the agricultural operation is in accordance with the Pennsylvania "Right-to-Farm Law." In no case, however, shall the special setback requirements be reduced to less than 75 feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety and general welfare of the community.

(c) Any manure storage facility shall be located in accordance with the building/structure setback requirements established by Act 38 of 2005, known as ACRE.[1]

[1] Editor's Note: See the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.

(3) The maximum height of any agricultural operation structure shall be 150 feet, provided each structure is set back a distance at least equal to its height from all property lines.

(4) Maximum impervious lot coverage shall be 20%.

(5) The applicant shall demonstrate environmental impacts that are likely to be generated by surface water and stormwater runoff and specific measures employed to mitigate or eliminate any negative impacts, in accordance with Chapter 360 of this Code, relating to stormwater management, and approved by the Borough Engineer. At a minimum, surface water and stormwater runoff from the site shall be diverted away from adjacent properties and public rights-of-way and shall not contaminate downstream watercourses. The applicant also shall furnish further evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in Article XII of this chapter relating to performance standards for all uses.

B. Animal hospital. Animal hospitals or veterinary offices are permitted, subject to the following criteria:

(1) Unless animals are kept inside at all times, all structures and areas where animals are kept that are not completely enclosed, and also including any outdoor animal pens, stalls and runways, shall be located within the rear yard and shall be set back as follows:

(a) Special yard and setback requirements. All animal shelters, buildings, outdoor stalls and/or runways shall be set back from the lot line at least 300 feet.

(b) The Zoning Hearing Board may, as a special exception, however, reduce the above special yard and setback requirements where it is shown that, because of the nature of the operation, design and construction of the structures proposed to accommodate animals, relating prevailing winds, unusual obstructions, topography or other conditions, a lesser distance would protect adjoining lands from noise, odor, dust or other hazards. In no case, however, shall the Zoning Hearing Board reduce the special yard and setback requirement to less than 75 feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety and general welfare of the community.

(c) Otherwise, the setback requirements of the applicable zoning district shall apply.

(2) All areas utilized for outdoor exercise of animals and outdoor stalls and/or runways to which animals have access shall be completely enclosed by a six-foot-high fence to prevent the escape of animals.

(3) No animals shall be permitted to use outdoor exercise areas or outdoor stalls and/or runs that are located within 300 feet of a lot line between the hours of 8:00 p.m. to 8:00 a.m.

(4) All other areas utilized for grazing or pasture areas shall be securely fenced to prevent the escape of animals and set back a minimum of 10 feet from all lot lines.

(5) The applicant shall demonstrate environmental impacts that are likely to be generated by surface water and stormwater runoff and specific measures employed to mitigate or eliminate any negative impacts, in accordance with Chapter 360 of this Code, relating to stormwater management, and approved by the Borough Engineer. At a minimum, surface water and stormwater runoff from the site shall be diverted away from adjacent properties and public rights-of-way and shall not contaminate downstream watercourses. The applicant also shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in Article XII of this chapter relating to performance standards for all uses.

C. Automobile, boat, heavy equipment, mobile/manufactured home, recreational vehicle, and other similar motor vehicle rental/sales, repair/servicing, washing and/or fuel/gasoline sales. Automobile, boat, heavy equipment, mobile/manufactured home, recreational vehicle and other similar motor vehicle rental/sales, repair/servicing, washing and/or fuel/gasoline sales are permitted, subject to the following criteria:

(1) Automobiles, boats, heavy equipment, mobile/manufactured homes, recreational vehicles, or other similar motor vehicles offered for rent/sale, in any state of being fixed/serviced or washed/dried, or otherwise stored, displayed or serviced shall not occupy any part of the existing or future street right-of-way (including sidewalks and alleys) or required off-street parking areas.

(2) All buildings and structures (including fuel/gasoline pumps, but excluding permitted signs) shall be set back at least 25 feet from any street right-of-way or lot line.

(3) All permitted activities except for the inventory/display/sales, parking and those activities normally required to be performed at the gasoline/fuel pumps, air pumps, and washing and vacuuming areas shall be performed within a completely enclosed building.

(4) All outdoor display and sales areas shall comply with Article XII of this chapter relating to outside display and sales.

(5) No more than three vehicles may be stored per repair/service bay.

(6) The demolition or junking of automobiles, boats, heavy equipment, mobile/manufactured homes, recreational vehicles, or other similar motor vehicles is prohibited. The storage of inoperable automobiles, boats, heavy equipment, mobile/manufactured homes, recreational vehicles, or other similar motor vehicles and related parts shall be within a completely enclosed building.

(7) The outdoor storage of automobiles, boats, heavy equipment, mobile/manufactured homes, recreational vehicles, and other similar motor vehicles on the property without current registration is prohibited.

(8) No automobile, boat, heavy equipment, mobile/manufactured home, recreational vehicle, or other similar motor vehicle, except those with current registration and offered for sale/rental, shall be stored upon the site for more than 30 days.

(9) Automobile, boat, heavy equipment, mobile/manufactured home, recreational vehicle, or other similar motor vehicle washing facilities are permitted, subject to the following additional criteria:

(a) All uses shall provide sufficient stacking areas for waiting motor vehicles, which shall include the minimum number of stacking spaces as set forth in Article XIV of this chapter relating to stacking standards.

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

(c) Gray water recycling is mandatory.

(d) Water from the vehicle wash operation shall not flow onto sidewalks or streets.

D. Automobile wrecking, junk and scrap storage and sales. Automobile wrecking, junk and scrap storage and sales are permitted, subject to the following criteria:

(1) All junk, scrap, machinery or equipment stored outside shall be at least:

(a) Fifty feet from any abutting lot line; and

(b) Two hundred feet from any adjacent property in the residential districts or existing residential use in the mixed use districts.

(2) All completely enclosed buildings used to store junk, scrap, machinery and equipment shall be set back at least 50 feet from all lot lines.

(3) No junk, scrap, machinery or equipment of any kind shall be stored in a required front, side or rear setback. All unpaved setbacks shall be covered with grass or similar vegetative material and shall at all times be kept clean, vacant and well maintained.

(4) In addition to screening and buffering requirements set forth in Article XII of this chapter relating to buffer and screening regulations, all materials and activities not within completely enclosed buildings shall be surrounded by a fence or wall at least six feet in height with no less than 100% opacity. Any gate in a fence shall be similarly constructed and maintained and shall be kept securely locked at all times when the establishment is not in operation.

(5) No material shall be placed in any establishment in such a manner that it is capable of being transferred off the premises by wind, water or other natural causes. All paper, cloth, rags and other fibers, and activities involving the same, other than loading and unloading, shall be within a fully enclosed building.

(6) All junk shall be stored or arranged so as to permit access by emergency responders and to prevent the accumulation of water, and no junk, scrap, machinery or equipment piled to a height greater than 10 feet.

(7) No material may be stored or stacked so that it is visible from abutting properties or adjoining street rights-of-way.

(8) No material shall be burned or incinerated at any time.

(9) No automotive wrecking, junk, scrap storage and sales establishments shall be located on land with a slope in excess of 5%.

(10) All vehicles within the automotive wrecking, junk, scrap storage and sales establishments shall be completely drained of fuel, lubricants, battery fluid, transmission fluid, brake fluids, coolants and air-conditioning fluids.

E. B.Y.O.B. Club. B.Y.O.B. clubs are permitted, subject to the following:

(1) A B.Y.O.B. club shall be located in accordance and otherwise comply with the provisions of the Chapter 115 of this Code, relating to alcohol.

(2) A B.Y.O.B. club shall not remain open and/or transact business between the hours of 2:00 a.m. and 8:00 a.m., prevailing time, of each day. No club shall be located within 500 feet of an existing residential use or place of worship, nor shall be open or operated on Sunday.

(3) Broad form general liability coverage of $1,000,000 per single limit occurrence shall be obtained and maintained for the entire period the club is in operation; proof of insurance and all renewals shall be submitted to the Zoning Officer.

(4) The hours of operation shall be conspicuously posted at the business premises such that patrons are sufficiently apprised of the same.

(5) Windows capable of being opened and ventilation equipment outlets and other similar equipment associated with such uses shall not be located or oriented directly toward any abutting property in the residential districts or existing residential use in the mixed use districts.

(6) The owner(s) and operator(s) of a B.Y.O.B. club shall be responsible for the conduct and safety of the patrons.

F. Cemetery. Cemeteries are permitted, subject to the following criteria:

(1) The total impervious lot coverage shall not exceed 10% of the lot area.

(2) All burial plots and all structures shall be located at least 25 feet from any lot line or street right-of-way line.

(3) No burial plot shall be permitted in any floodplain or flood fringe area identified in Article XI of this chapter relating to the Floodplain Overlay Zoning District (FPO).

(4) Where permitted, any materials not within completely enclosed buildings shall, in addition to the requirements set forth in Article XII of this chapter relating to buffer and screening regulations, be surrounded by a fence or wall at least six feet in height and provided with screening of not less than 80% opacity.

(5) The owner(s) and operator(s) of a cemetery shall incorporate best managements practices as outlined in the Pennsylvania Stormwater Best Management Practices Manual as published by the Department of Environmental Protection (PADEP), Bureau of Watershed Management, document number 363-0300-002, effective date December 30, 2006, and as revised, to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.

(6) At no time shall a corpse be exposed or visible from a public right-of-way or adjacent property.

(7) Any escrow account provided for by state or federal law shall be established in favor of the Borough.

G. Clubhouse or lodge, private. Private clubs, clubhouses or lodges are permitted, subject to the following criteria:

(1) Where permitted, all outdoor recreation/activity areas shall be set back at least 50 feet from any lot line.

H. Commercial recreation, outdoor. Outdoor commercial recreation facilities are permitted, subject to the following criteria:

(1) The required setbacks shall be as follows:

(a) All outdoor recreation and related activity areas shall be set back at least 50 feet from the street right-of-way and any adjacent property in the residential districts or existing residential use in the mixed use districts.

(b) Any structures exceeding the maximum permitted height may be permitted so long as they are set back from all lot lines at least the horizontal distance equal to their height, plus an additional 50 feet.

(c) Otherwise all structures shall comply with the applicable zoning district setbacks.

I. Communications antenna, tower and equipment building transmitting and receiving facility. Communications antennas, towers and equipment buildings transmitting and receiving facilities are permitted, subject to the following criteria:

(1) Applications for the construction of communications antennas, support structures, and related facilities shall include a written report containing the following:

(a) Information describing the tower height and design.

(b) A cross section of the structure.

(c) Engineering specifications detailing construction of tower, base and guy wire anchorage.

(d) Information describing the proposed painting and lighting schemes.

(e) Information describing the tower's capacity, including the number and type of antennas that it can accommodate.

(f) All tower structure information shall be certified by a professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania.

(g) Certification that there is not suitable space on existing sites or structures where the intended facility can be accommodated and function as required without reasonable modification.

(h) Technological evidence that the facility shall go where proposed in order to satisfy its function in the grid system and provide the quality of service required by law.

(i) Written authorization from the property owner of the proposed site.

(j) Inventory of existing towers and potential antenna support structures within a two-mile radius of the proposed site, discussing the unavailability of sites and reasons therefor.

(k) Evidence of the applicant's good faith efforts to locate the antenna on an existing structure.

(l) Applicant shall demonstrate that he is licensed by the FCC to operate a communications tower and/or communications antenna.

(2) Communication towers and related buildings shall not be permitted in the residential districts or and the mixed use districts.

(3) Communication antennas located in the residential districts, mixed use districts, and other districts shall employ "stealth" siting and design solutions.

(4) All other uses ancillary to the antenna, tower and associated equipment are prohibited, except accessory equipment buildings, unless otherwise permitted in the applicable zoning district in which the site is located. This includes, but is not limited to, business offices, maintenance depots and vehicle storage.

(5) Any utilities extended to the tower site shall be placed underground.

(6) Other standards of approval for antenna support structures and antenna-related facilities include the following.

(a) The required setbacks shall be as follows:

[1] Antenna support structures shall be set back from all lot lines a distance equal to the height of the antenna.

[2] The structure shall be self-collapsing or have a clear fall area setback equal to the height of the structure and any attached antennas.

(b) Antenna support structure height is subject to the following criteria:

[1] The maximum height of any single antenna support structure located at a single site for one antenna shall be at the lowest height to function at the proposed location, based upon specific engineering data pertaining to the function of the antenna support structure, to be supplied to the applicant.

[2] An antenna support structure may exceed the maximum allowable height to allow for the co-location of another antenna, provided that the applicant shows evidence that the antenna support structure will be a shared location site.

(c) Landscaping and screening are subject to the following criteria:

[1] If the antenna support structure site is located in an area of existing trees and vegetation, the existing trees and vegetation shall be in accordance with Article XVI of this chapter relating to landscaping and vegetation preservation, preserved to the maximum extent feasible to keep the area as close to its original condition. The existing trees and vegetation shall be supplemented as needed to fully screen the antenna support base.

[2] If the site lacks adequate trees and vegetation, the entire perimeter of the fence surrounding the antenna support structure compound shall be provided with screening with no less than 90% opacity.

(d) Equipment or accessory buildings for towers. Accessory buildings shall conform to the applicable building requirements for the applicable zoning district in which the tower is located.

(e) Security, maintenance and fencing are subject to the following criteria:

[1] The site shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, or the climbing apparatus shall be fully contained and locked within the tower structure.

[2] All guy wires shall be clearly marked so as to be visible at all times and shall be located within the fence enclosure.

[3] All equipment and buildings shall comply with Borough building, health, safety, property and other applicable local ordinances.

(f) Lighting and signs are subject to the following criteria:

[1] No signs shall be mounted on a communications tower except as may be required by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), or other governmental agency which has jurisdiction.

[2] All communications towers shall have lights as may be required by the FCC, FA, or other governmental agencies which have jurisdiction. If lighting is not required by other agencies, then lighting acceptable to the Borough shall be required.

(g) Antenna support structures shall be painted in the color that best allows it to blend into the surroundings unless otherwise required by the FAA regulations. The use of grays, blues and greens may be appropriate.

[1] Antenna support structure design and structural integrity. The owner of the antenna or antenna support structure shall provide a report conducted by a professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania, documenting that the structure meets the structural standards of Chapter 160 of this Code, relating to buildings.

(h) Other provisions.

[1] Prior to issuance of a zoning permit for the erection of an antenna or antenna support structure, the applicant shall obtain any required land development approvals.

[2] A formal land development plan is not required if the antenna is to be mounted on an existing structure.

[3] Evidence shall be submitted from a professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania, certifying that the proposed installation will not exceed the structural capacity of the building or structure, taking into consideration winds and other loads associated with location.

[4] The applicant, owner or operator of the antenna shall be licensed by the FCC.

[5] The tower shall comply with all applicable FAA and PennDOT Bureau of Aviation regulations.

[6] Certification of insurance evidencing general liability in the minimum amount of $1,000,000 per incident and property damage coverage in the minimum amount of $1,000,000 per incident is required to cover the tower, antenna and structures.

(i) Abandonment.

[1] If an antenna support structure is unused, as evidenced by notice to the FCC of intent to cease operations, for a continuous period of 12 months after said notice, it shall be deemed abandoned.

[2] Any antenna support structure or antenna that is deemed to be abandoned shall be removed within 90 days.

[3] Removal of the antenna support structure shall be the responsibility of the owner of the antenna support structure. At the time of land development plan approval, the owner and/or his successors and assigns of the antenna support structure shall enter into an agreement with the Borough regarding the removal of an abandoned antenna support structure, as defined in this subsection above.

[4] In the case of multiple operators sharing the use of a single tower, this provision shall become effective when all users cease operation.

J. Community garden. Community gardens are permitted, subject to the following criteria.

(1) The following shall be permitted as part of a community garden:

(a) Greenhouses, hoophouses, cold-frames and similar structures used to extend the growing season.

(b) Open space associated with and intended for use as garden areas.

(c) Signs limited to identification, information and directional signs, including sponsorship information where the sponsorship information is clearly secondary to other permitted information on any particular sign.

(d) Benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, chicken coops limited to the commercial/industrial districts, beehives, and children's play areas.

(e) Buildings, limited to tool or utility/storage sheds, shade pavilions, barns, restroom facilities with composting toilets, and planting preparation houses.

(f) Off-street parking and walkways.

(g) Uses and structures shall be developed and maintained in accordance with the following regulations:

[1] Location. Buildings shall be set back at least five feet from any abutting property in the residential districts or existing residential use in the mixed use district.

[2] Height. No building or other structure shall be greater than 25 feet in height.

[3] Building footprint. The combined area of all buildings, excluding greenhouses and hoophouses, shall not exceed 15% of the garden site lot area.

[4] Parking and walkways. Off-street parking shall be required only for those garden sites exceeding 15,000 square feet in lot area. In addition to the parking reduction and alternative accommodations (especially for drainage, surface and maintenance) and provided for in Article XIV of this chapter relating to parking reductions and alterations, such parking shall be limited in size to 10% of the garden site lot area and shall be either unpaved or provided with an alternative material and/or design as part of a readily accepted stormwater BMP, in accordance with Chapter 360 of this Code, relating to stormwater management, or any other construction materials specifications adopted by the Borough, and approved by the Borough Engineer. Walkways shall be unpaved except as necessary to meet the needs of individuals with disabilities.

[5] Signs. Signs shall not exceed four square feet in area per side and shall not exceed four feet in height, and shall otherwise comply with Article XIII of this chapter.

[6] Seasonal farm stands. Seasonal farm stands shall be removed from the premises or stored inside a building on the premises during that time of the year when the garden is not open for public use.

(2) The applicant shall demonstrate environmental impacts that are likely to be generated by surface water and stormwater runoff and specific measures employed to mitigate or eliminate any negative impacts, in accordance with Chapter 360 of this Code, relating to stormwater management, and approved by the Borough Engineer. At a minimum, surface water and stormwater runoff from the site shall be diverted away from adjacent properties and public rights-of-way and shall not contaminate downstream watercourses. The applicant also shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in Article XII of this chapter relating to performance standards for all uses.

K. Convenience store. Convenience stores are permitted, subject to the following criteria:

(1) If motor vehicle washing and/or fuel/gasoline sales are provided as part of the general convenience store, then such use shall comply with all applicable provisions of automobile, heavy equipment and similar motor vehicle washing, and/or fuel/gasoline sales contained in this section relating to automobile, boat, heavy equipment, mobile/manufactured home, recreational vehicle, and other similar motor vehicle rental/sales, repair/servicing, washing, and/or fuel/gasoline sales, except that no sale/rental or repair/servicing of motor vehicles shall occur.

(2) All activities, except parking and those normally required to be performed at the fuel pumps and air pumps, and washing and vacuuming areas, shall be performed within a completely enclosed building.

(3) If restaurant and food service facilities are provided as part of the general convenience store, then such use shall comply with all applicable provisions of restaurants and food services.

L. Day care, commercial. Commercial day cares are permitted, subject to the following criteria:

(1) An outdoor play area for children shall be provided. Off street parking lots and areas shall not be used as outdoor play areas. Outdoor play areas shall not be located in the front yard between the principal building and the public street, excluding alleys. All outdoor play areas shall be provided with a means of shade, such as shade tree(s) or pavilion(s). Any vegetative materials located within the outdoor play areas shall be of a nonharmful-type (poisonous, thorny, allergenic, etc.).

(a) Additionally, outdoor play areas shall be located at least 20 feet from any abutting property in the residential districts or existing residential use in the mixed use districts, provided with a fence of at least four feet in height, and screened in accordance with Article XII of this chapter relating to buffer and screening regulations. Outdoor play areas shall be limited to use between 8:00 a.m. and 8:00 p.m.

M. Farmers/flea market, outdoor. Outdoor farmers/flea markets are permitted, subject to the following criteria:

(1) All outdoor display and sales area shall comply with outside display and sales areas set forth in Article XVI of this chapter relating to outside display and sales.

(2) All outdoor display and sales of merchandise shall begin no earlier than one hour before the official sunrise and be completed no later than official sunset.

N. Forestry. Forestry or commercial timber harvesting operations where the value of the trees, logs or other timber products removed exceeds $1,000, but excluding the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement are permitted, subject to the following criteria:

(1) All forestry and commercial timber harvesting operations shall comply with the following:

(a) Timber harvesting practices shall protect nearby structures and utility lines.

(b) Felling or skidding on or across any public street right-of-way is prohibited without the express written consent of the Borough or PennDOT, whichever is responsible for maintenance of the public street.

(c) No tops or slash shall be left within 25 feet of any public or private street right-of-way or easement (as applicable) providing access to abutting residential property.

(d) All tops and slash shall be lopped to a maximum height of four feet above the ground in the following circumstances:

[1] Between 25 and 50 feet from a public or private street right-of-way or easement (as applicable) providing access to adjacent residential property; and

[2] Within 50 feet of an abutting residential property.

(e) No tops or slash shall be left on or across any property line of any abutting property without the consent of the owner thereof.

(f) Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.

(2) All applications for timber harvesting shall include the information required for approval pursuant to Article XVII of this chapter relating to applications for zoning permits. In addition, the applicant shall specify the land on which harvesting will occur, the expected size of the harvest area and, as applicable, the anticipated starting or completion date of the operation. This written notification shall also specify any roads affected, dates of effect, plans to restore any damages to roads and contact information for the logging operations submitted to owners abutting the street right-of-way used to access the logging site.

(3) Preparation of a logging plan. Every landowner on whose land timber harvesting is to occur shall prepare and submit a written logging plan as set forth in this subsection below and shall submit the logging plan as part of the information required for approval pursuant to Article XVII of this chapter relating to applications for zoning permits. The provisions of this plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Zoning Officer upon request.

(4) Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.

(5) Contents of the logging plan.

(a) As a minimum, the logging plan shall include the following:

[1] Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings.

[2] Design, construction and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips and water bars.

[3] Design, construction and maintenance of stream and wetland crossings.

[4] The general location of the proposed operation in relation to Borough streets and state highways, including any accesses to those streets and highways.

(b) Each logging plan shall include a site map containing the following information:

[1] Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property.

[2] Significant topographic features related to potential environmental problems.

[3] Location of all earth disturbance activities such as roads, landings and water control measures and structures.

[4] Location of all crossing of waters of the commonwealth.

[5] The general location of the proposed operation to Borough streets and state highways, including any accesses to those streets and highways.

(6) Compliance with state laws and regulations. The logging plan shall address and comply with the requirements of all applicable state laws and regulations, including, but not limited to, the following:

(a) Soil erosion and sedimentation control regulations and standards of the County Conservation District and/or PADEP requirements.

(b) Stream crossing and wetlands protection regulations of PADEP and/or the U.S. Army Corps of Engineers.

(7) Relationship of state laws, regulations and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. A soil erosion and sedimentation control plan that satisfies the requirements of Title 25 Pennsylvania Code Chapter 102 shall also satisfy the minimum requirements for the logging plan and associated site map, provided that all information required by these subsections is included or attached.

(8) Responsibility for road maintenance and repair; road bonding. The landowner and/or the operator shall be responsible for repairing any damage to Borough streets caused by traffic associated with the timber harvest operation pursuant to the provisions of Title 67 Pennsylvania Code Chapter 189, hauling in excess of posted weight limit. The Borough may require the landowner and/or operator to furnish a bond to guarantee the repair of any such damage, pursuant to the said provisions of the Pennsylvania Code.

O. Funeral home. Funeral homes are permitted, subject to the following criteria:

(1) All rooms available for funerals and viewing shall be located within the principal building.

(2) There shall be no receiving vault, preparation room, or display of merchandise visible from outside of any building.

P. Home improvement center, lumber sales, and building materials sales. Home improvement centers, lumber sales, and building materials sales are permitted, subject to the following criteria:

(1) All outdoor display and sales areas shall comply with Article XVI of this chapter relating to outside display and sales.

(2) All permitted activities, including drilling, cutting, sawing, mixing, crushing or some other preparation of building materials, plus any testing or repair of motorized equipment, except for the inventory/display/sales and parking, shall be conducted within a completely enclosed building.

Q. Hospital. Hospitals are permitted, subject to the following criteria:

(1) Emergency entrances shall not be located or oriented directly toward any adjacent property in the residential districts or existing residential use in the mixed use districts.

R. Kennel, commercial. Commercial kennels are permitted, subject to the following criteria:

(1) Unless animals are kept inside at all times, all structures and areas where animals are kept that are not completely enclosed, and also including any outdoor animal pens, stalls and runways, shall be located within the rear yard and shall be a minimum of:

(a) Special yard and setback requirements. All animal shelters, buildings, outdoor stalls and/or runways shall be set back from the lot line at least 300 feet.

(b) The Zoning Hearing Board may, as a special exception, however, reduce the above special yard and setback requirements where it is shown that, because of nature of the operation, design and construction of the structures proposed to accommodate animals, relating prevailing winds, unusual obstructions, topography or other conditions, a lesser distance would protect adjoining lands from noise, odor, dust or other hazards. In no case, however, shall the Zoning Hearing Board reduce the special yard and setback requirement to less than 75 feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety and general welfare of the community.

(c) Otherwise, the setback requirements of the applicable zoning district shall apply.

(2) All areas utilized for outdoor exercise of animals and outdoor stalls and/or runways to which animals have access shall be completely enclosed by a six-foot-high fence to prevent the escape of animals.

(3) No animals shall be permitted to use outdoor exercise areas or outdoor stalls and/or runs that are located within 300 feet of a lot line between the hours of 8:00 p.m. to 8:00 a.m.

(4) The applicant shall demonstrate environmental impacts that are likely to be generated by surface water and stormwater runoff and specific measures employed to mitigate or eliminate any negative impacts, in accordance with Chapter 360 of this Code, relating to stormwater management, and approved by the Borough Engineer. At a minimum, surface water and stormwater runoff from the site shall be diverted away from adjacent properties and public rights-of-way and shall not contaminate downstream watercourses. The applicant also shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in Article XII of this chapter relating to performance standards for all uses.

(5) The applicant shall also demonstrate that the facility will comply with all applicable Commonwealth of Pennsylvania requirements for such uses.

S. Mini storage warehouse. Mini storage warehouses are permitted, subject to the following criteria:

(1) Parking may be provided along interior traffic aisles adjacent to the buildings. These aisles shall be at least 26 feet wide when storage units open onto one side of the aisle only and at least 30 feet wide when storage units open onto both sides of the aisle.

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

(3) All recreational vehicles, boats and trailers stored outside of an unenclosed building shall be:

(a) Maintained with current, valid license plates, inspection stickers (when applicable), and be in operable condition.

(b) Surrounded by a fence or wall at least six feet in height.

(4) Mini storage units shall be used solely for the storage of property. The following uses are expressly prohibited within mini storage units upon the site:

(a) Auctions, commercial wholesale or retail sales, or garage/yard sales.

(b) Offices or residential dwellings.

(c) The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.

(d) The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment.

(e) The establishment of a warehousing, distribution and wholesaling business.

(f) The storage of trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items that are dangerous, noxious or offensive because of odors, dust, noise, fumes or vibrations.

(g) The applicant shall adequately demonstrate that all mini storage/rental and/or use contracts shall specifically prohibit the uses listed in Subsection S(4)(a) through (f) above.

(5) All "overhead" or "roll-up" doors on mini storage units or outdoor storage areas shall not be located directly facing toward abutting property in the residential districts or existing residential use in the mixed use districts.

T. Nightclub. Nightclubs are permitted, subject to the following criteria:

(1) A nightclub serving alcohol shall be located in accordance and otherwise comply with the provisions of the Pennsylvania Liquor Control Board.

U. Parking lot/parking structure. Parking lots/parking structures are permitted, subject to the following criteria.

(1) Off-street surface parking lots abutting public street right-of-way, including alleys, shall be provided with a continuous street-fronting three-and-one-half-foot-high masonry wall or a perimeter planting at least five feet in depth measured from all sides of the parking area towards the property/street line with a mix of high and low level screening in accordance with Article XII of this chapter relating to buffer and screening regulations. Wall breaks for access drives and driveways shall be not more than 24 feet in width.

(2) In no case shall parking lots be permitted as a principal use or as an accessory use on a lot without a permitted principal use on the lot in the residential districts or in any zoning district where parking lots are not permitted principal uses. In order to provide for additional accessory parking for a permitted principal use, such parking shall be located on the same lot as the permitted principal use.

(3) All aboveground, off-street parking garages and structures shall comply with all provisions for principal buildings and uses in the zoning district where the parking structures and building is proposed.

(4) In the mixed use districts:

(a) Driveways, access drives or other points of ingress/egress for motor vehicles shall generally be taken from alleys, but in no case shall access be taken from Derry Street.

(b) Off-street surface parking lots shall not be located along, have frontage on, or otherwise abut Derry Street.

(c) Off-street surface parking lots shall not be located on corner lots or on or adjacent to the intersection of two streets.

(d) Aboveground parking garages and structures located along any street right-of-way line, excluding alleys, shall be provided with continuous, usable, street-fronting, ground-level, nonresidential facades, space or uses along the entire length of the structure, except for ingress and egress points necessary for retail store entrances and pedestrian entrances to stairs and elevator lobbies into the garage or structure.

V. Park, playground and other noncommercial outdoor recreational use. Parks, playgrounds and other noncommercial outdoor recreational uses are permitted, subject to the following criteria:

(1) Parks, playgrounds and other noncommercial outdoor recreational uses shall be developed in a manner that preserves natural features, watercourses, unique rock outcrops, slopes of greater than 15% and vegetation.

W. Public/private utility facility. Public/private utility facilities are permitted, subject to the following criteria:

(1) The applicant shall demonstrate that the selected location is necessary for public service and the use cannot be supplied if located elsewhere.

(2) In the residential districts and mixed use districts, any permitted public building shall maintain an exterior appearance that resembles and is compatible with any existing dwellings and buildings in the neighborhood, and building height and setbacks shall be consistent with surrounding development in the neighborhood. In all other districts, all height, area, setback and impervious lot coverage standards within the applicable zoning district shall apply.

(3) In the residential districts and mixed use districts, the outdoor storage of vehicles, materials and equipment shall not be permitted.

(4) Principal buildings and structures shall be set back 50 feet from an abutting property in the residential districts or an existing residential use in the mixed use districts.

X. Sawmill. Sawmills are permitted, subject to the following criteria:

(1) All cutting, sawing, grinding or other processing shall be conducted within a completely enclosed building.

(2) All storage and loading areas shall be a minimum of 50 feet from any adjacent property in the residential districts or existing residential use in the mixed use districts.

Y. Sexually oriented business and/or related uses. Sexually oriented businesses and/or related uses are permitted, subject to the following criteria.

(1) No portion of a building occupied by a sexually oriented business or related use shall be located within:

(a) Five hundred feet of any sexually oriented business or related use but in no case shall more than one sexually oriented business and/or related use be located within the same block;

(b) Two hundred fifty feet of any adjacent property in the Residential Districts or existing residential use in the mixed use districts; and

(c) Five hundred feet of any property which contains any one or more of the following specified land uses where minors may congregate:

[1] Commercial recreation facility, indoor/outdoor;

[2] Day-care facility primarily for children;

[3] Library;

[4] Park, playground, play field;

[5] Place of worship;

[6] School, private/public;

[7] Swimming pool, public; or

[8] Other lands, buildings and uses where minors are permitted to congregate.

(2) No materials, merchandise or film offered for sale, rent, lease, loan or for view upon the premises shall be exhibited or displayed outside of a building or structure.

(3) Any building or structure used and occupied as a sexually oriented business or related use shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise or film are exhibited or displayed, and no sale materials, merchandise or film shall be visible from outside of the building or structure.

(4) All signs shall comply with Article XIII of this chapter. No sign shall be erected upon the premises pictorially depicting or giving a visual representation of the type of materials, merchandise or film offered therein.

(5) Each entrance to the premises shall be posted with a notice specifying that persons under the age of 18 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.

(6) No sexually oriented business or related use may change to another sexually oriented business or related use, except upon additional approval by the entity with jurisdiction for initial approval.

(7) The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.

(8) No unlawful sexual activity or conduct shall be permitted.

Z. Tavern/bar. Taverns/bars are permitted, subject to the following criteria:

(1) A tavern/bar shall be located in accordance with the provisions of the Pennsylvania Liquor Control Board.

AA. Treatment center. Treatment centers are permitted, subject to the following criteria:

(1) A treatment center shall be directly affiliated with a parent institution or organization, which shall provide full-time supervision and administration to the residents of the treatment center.

(2) A common cooking and eating area shall be provided; no cooking or dining facilities shall be provided in individual rooms or suites.

(3) The residents of the treatment center shall reside on the premises.

(4) No portion of a building occupied by a treatment center shall be located within:

(a) Two hundred fifty feet of any adjacent property in the residential districts or existing residential use in the mixed use districts.

(b) Five hundred feet of another treatment center, group home facility, group care facility and/or halfway house, but in no case shall more than one treatment center be located within the same block.

(c) Five hundred feet of any property which contains any one or more of the following specified land uses where minors may congregate:

[1] Commercial recreation facility, indoor/outdoor;

[2] Day-care facility primarily for children;

[3] Library;

[4] Park, playground, play field;

[5] Place of worship;

[6] School, private/public;

[7] Swimming pool, public; or

[8] Other lands, buildings and uses where minors congregate.

(5) Each application shall be accompanied by a statement describing the following:

(a) The composition of the treatment center;

(b) The policies and goals of the treatment center and the means proposed to accomplish those goals;

(c) The characteristics of the residents and number of residents to be served;

(d) The operating methods and procedures to be used; and

(e) Any other facts relevant to the proposed operation of the treatment center.

BB. Medical marijuana facilities.

[Added 5-16-2017 by Ord. No. 658]

(1) Purpose. The purpose of this subsection is to establish a process and standards for the establishment of medical marijuana facilities, licensed pursuant to the Pennsylvania Medical Marijuana Act, Pa. Act of April 17, 2016, P.L. 84, No. 16. ("Act"), to allow for the expansion of medical marijuana land uses while providing for the protection of the public's health, safety, morals, and general welfare.

(2) Academic clinical research centers.

(a) Parking requirements will follow the parking schedule found in Chapter 425, Zoning, Article XIV, Lot Access, Parking and Loading Regulations, § 425-92, Parking requirements, Table 14-3 for university/colleges.

(b) An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Department of Health. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

(c) All external lighting serving an academic clinical research center must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(d) A buffer planting is required where an academic clinical research center adjoins a residential use or district

(3) Medical marijuana grower/processor.

(a) A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Department of Health. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

(b) The maximum floor area of a medical marijuana grower/processor shall be limited to 20,000 square feet, of which sufficient space must be set aside for secure storage of marijuana seeds, related finished product, and marijuana-related materials used in production or for required laboratory testing.

(c) There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.

(d) Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with Department of Health policies and shall not be placed within any unsecure exterior refuse containers.

(e) The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.

(f) Growers/processors may not locate within 1,000 feet of the property line of a public, private, or parochial school, day-care center, or recreation center playground for children.

(g) All external lighting serving a medical marijuana grower/processor must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(h) Parking requirements will follow the parking schedule found in Chapter 425, Zoning, Article XIV, Lot Access, Parking and Loading Regulations, § 425-92, Parking requirements, Table 14-3 for industrial use, general.

(i) A buffer planting is required where a medical marijuana grower/processor adjoins a residential use or district.

(j) Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.

[1] All accesses must secure the appropriate highway occupancy permits from PennDOT or Paxtang Borough.

[2] The clear sight triangle, found in Chapter 425, Zoning, Article XIV, Lot Access, Parking and Loading Regulations, § 425-91, Driveways and access drives, must be considered and maintained.

(k) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.

(4) Medical marijuana transport vehicle service.

(a) A traffic impact study is required where the office is operated.

(b) Parking requirements will follow the parking schedule found in Chapter 425, Zoning, Article XIV, Lot Access, Parking and Loading Regulations, § 425-92, Parking requirements.

(c) All external lighting serving a medical marijuana transport vehicle service must be shielded in such a manner as to not allow light to be emitted skyward or onto adjoining properties.

(d) A buffer planting is required where a medical marijuana transport vehicle service adjoins a residential use or district.

(e) Entrances and exits to a medical marijuana transport vehicle service must be designed to accommodate the anticipated vehicles used to enter and exit the premises.

[1] All accesses must secure the appropriate highway occupancy permits from PennDOT or Paxtang Borough.

[2] The clear sight triangle, found in Chapter 425, Zoning, Article XIV, Lot Access, Parking and Loading Regulations, § 425-91, Driveways and access drives, must be considered and maintained.

(f) If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana transport vehicle service facility, the facility must be secured to the same level as a medical marijuana grower/processor or dispensary.

(g) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.

(5) Medical marijuana dispensary.

(a) A medical marijuana dispensary must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the Department of Health.

(b) A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

(c) A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.

(d) Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.

(e) Permitted hours of operation of a dispensary shall be 8:00 a.m. to 8:00 p.m.

(f) A medical marijuana dispensary shall be a maximum of 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of product and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.

(g) A medical marijuana dispensary shall:

[1] Not have a drive-through service;

[2] Not have outdoor seating areas;

[3] Not have outdoor vending machines;

[4] Prohibit the administering of, or the consumption of, medical marijuana on the premises; and

[5] Not offer direct or home delivery service.

(h) A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.

(i) A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school, day-care center, or recreation center playground for children. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted, or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.

(j) A medical marijuana dispensary shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of the municipality in which it is located. This separation distance does not apply to the distance between the grower/processor or academic clinical research centers and the specific dispensary they serve, or with which they partner.

(k) Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or a day-care center.

(l) All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(m) Parking requirements will follow the parking schedule found in Chapter 425, Zoning, Article XIV, Lot Access, Parking and Loading Regulations, § 425-92, Parking requirements, Table 14-3 for retail business.

(n) A buffer planting is required where a medical marijuana dispensary adjoins a residential use or district.

(o) Entrances and driveways to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility.

[1] All accesses must secure the appropriate highway occupancy permits from PennDOT or Paxtang Borough.

[2] The clear sight triangle, found in Chapter 425, Zoning, Article XIV, Lot Access, Parking and Loading Regulations, § 425-91, Driveways and access drives, must be considered and maintained.

(p) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.

(6) Administration and enforcement: building and zoning permits/approvals.

(a) A zoning permit shall be required prior to obtaining a building permit for the construction or erection of a building; the alteration or a building or portion thereof; the use or change in use of a building or land; or any adjustments to a nonconforming use.

(b) A Paxtang Borough zoning permit application must be completed.

(c) Permit fees shall be as stipulated in the fee schedule adopted by the Borough Council in effect at the time of application.

(d) Permits may be denied if the applicant, in the reasonable opinion of Paxtang Borough, is failing to comply with any state or local law or regulation.

(e) In the case of a new construction, the Pennsylvania Municipalities Planning Code land development plan application is required to be submitted and an approval secured prior to establishment of the use.

(f) 6) If the application is to change the use of a building, or if the application needs to demonstrate the allocation of space within a structure, the applicant shall provide architectural drawings prepared by an architect registered in the Commonwealth of Pennsylvania.

(g) A medical marijuana grower/processor or dispensary must be legally registered in the Commonwealth and possess a current, valid Medical Marijuana Permit from the Department of Health

(7) Penalties. Any owner, operator, or other person who violates or permits a violation of this chapter shall, upon being found liable in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including the reasonable attorney's fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. 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 a violation continues shall constitute a separate violation. The Borough is authorized to issue a cease and desist notice or to seek equitable relief, including injunction, to enforce compliance. No bond shall be required if injunctive relief is sought by the Borough. An owner, operator, or other person who violates this ordinance shall also be responsible for the Borough's attorney's fees, engineering fees, expert fees and court costs incurred by the Borough on account of each violation.

§ 425-110 Additional supplemental standards and requirements for specific accessory uses.

A. Accessory apartment. Accessory apartments are permitted, subject to the following criteria:

(1) The principal use of the building and property shall be a single-family detached dwelling.

(2) No more than two total dwelling units shall be permitted per lot.

(3) The accessory apartment dwelling unit shall not be less than 350 feet and not more than 800 square feet.

(4) The accessory apartment shall have separate kitchen and bathroom facilities, living/sleeping spaces, as well as access to the outside or a common hallway or balcony.

(5) The owner shall reside on the premises. Proof of residency shall be required.

(6) Accessory apartments within the principal single-family detached building are permitted as long as there shall be no alterations to the exterior appearance of the building and that it continues to resemble and is compatible with any existing dwellings in the neighborhood. No modifications to the external appearance of the principal building, including additional door/wall openings, except fire escapes, which would alter its residential character, shall be permitted.

(7) Accessory apartments in accessory buildings shall not otherwise occupy ground-floor, off-street garage floor area/space, thereby displacing required off-street parking spaces provided on the lot.

(8) All new accessory structures constructed for the exclusive use as an accessory apartment shall be designed to have an appearance that is architecturally compatible with the principal building, including design, materials and colors, and roof pitch.

B. Automated banking facility. Automated banking facilities are permitted, subject to the following criteria:

(1) Within the mixed use districts, drive-through facilities shall be prohibited.

(2) Otherwise, all drive-through automated banking facilities are permitted, subject to the criteria for drive-throughs set forth in this article relating to drive-through facility for permitted use.

C. Community garden. Community gardens are permitted, subject to the criteria for community gardens set forth in this article relating to drive-through facilities for permitted use.

D. Day care, family. Family day-care uses are permitted, subject to the following criteria:

(1) All principal structures permitted to be family day-care facilities shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modification to the external appearances of the building, except fire and safety requirements, which would alter its residential character, shall be permitted.

(2) An outdoor play area for children shall be provided. Off-street parking lots and areas shall not be used as outdoor play areas. Outdoor play areas shall not be located in the front yard between the principal building and the public street, excluding alleys. All outdoor play areas shall be provided with a means of shade, such as shade tree(s) or pavilion(s). Any vegetative materials located within the outdoor play areas shall be of a nonharmful-type (poisonous, thorny, allergenic, etc.).

(a) Additionally, outdoor play areas shall be located at least 10 feet from any abutting property in the residential districts or existing residential use in the mixed use districts, provided with a fence of at least four feet in height, and screened in accordance with Article XII of this chapter relating to buffer and screening regulations. Outdoor play areas shall be limited to use between 8:00 a.m. and 8:00 p.m.

E. Drive-through facility for permitted use. Drive-through facilities for permitted uses are permitted, subject to the following criteria:

(1) No part of the drive-through facility shall be located within 50 feet of any adjacent property in the residential districts or existing residential use in the mixed use districts.

(2) All drive-in facility buildings and structures shall be designed and planned to incorporate and be compatible with natural and built features of the site and area.

(3) Drive-through facilities, including intercom, stacking lanes and spaces, and service windows, shall be located along the side or rear faces of the building.

(a) In no event shall the drive-through facility be permitted in the front yard between the principal building and the public street right-of-way, excluding alleys.

(b) To the maximum extent feasible, the drive-through facility shall be located on a building wall facing away from an abutting property in the residential districts or existing residential use in the mixed use districts.

(4) Drive-through facilities, including intercom, stacking lanes and spaces, and service windows, shall not be permitted within any required building setback, yard, nor buffer yard area.

(5) Sufficient stacking facilities for drive-through facilities shall be provided, in accordance with Article XIV of this chapter relating to stacking standards.

(6) All drive-through facilities shall be provided with a bypass lane with a minimum width of 10 feet.

(7) A maximum of two outdoor menu boards are permitted, beyond the signs normally permitted, with a maximum sign area of 40 square feet each, if the words on such signs are not readable from beyond the lot line.

(8) Within the mixed use districts, drive-throughs shall be prohibited.

F. Home occupation. Home occupations are permitted, subject to the following criteria:

(1) Home occupations may involve a limited range of commercial uses, such as: a) office, business and professional and medical; b) personal service business; c) craftsman/artisan studio; and d) food service, excluding direct retail sales of goods to customers/patrons visiting the business and on-site consumption of products, as long as it remains secondary and clearly incidental to and compatible with the residential dwelling.

(2) In the MNB and DT Zoning Districts, home occupations may involve the limited range of commercial uses set forth in the applicable zoning district, as long as it remains secondary and clearly incidental to and compatible with the residential dwelling.

(3) No more than two nonresidents shall be employed by the home occupation.

(4) The owner of the home occupation shall reside on the premises, and at least one resident shall be engaged in the home occupation. Proof of residency shall be provided.

(5) The home occupation may be located in the principal dwelling unit and/or an accessory building.

(6) Any permitted home occupation use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modifications to the external appearance of the building, except fire escapes, which would alter its residential character, shall be permitted.

(7) All business activities shall take place in a completely enclosed building. No outdoor or outside display/sales or unenclosed storage related to the home occupation shall be permitted.

(8) Home occupations shall be limited to not more than 25% of the gross floor area of the principal dwelling unit or 500 square feet of gross floor area, whichever is less, even if the home occupation is conducted within an accessory building.

(9) No sales of any goods or merchandise shall occur on the premises other than those goods or merchandise which are produced on the premises or are customarily incidental to the accessory home occupation and directly related thereto (e.g., hair care products by a barber or beautician).

(10) No goods shall be displayed or stored so as to be visible from any property line.

(11) Activities associated with the home occupation shall be conducted in such a way that no traffic congestion, noise, glare, air pollution, odor, smoke, vibration, fire hazards, safety hazards, electromagnetic interference, or otherwise shall be noticeable at or beyond the property line.

(a) A description of the operations proposed, in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation and compliance with other performance standards in accordance with Article XII of this chapter relating to performance standards for all uses, is required.

(12) All parking areas shall comply with Article XIV of this chapter and the applicable zoning districts, and shall be:

(a) Located to the side or rear (behind) of the principal residential dwelling.

(b) Provided with screening of not less than 90% opacity in accordance with Article XII of this chapter relating to buffer and screening regulations.

(13) The home occupation shall not require delivery or pickup by tractor-trailer trucks.

(14) In the residential districts and the PAC and TN Zoning Districts, home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 8:00 p.m. and 8:00 a.m. Otherwise, the hours of operation and activities shall be appropriately scheduled to protect the existing neighborhood from detrimental noise, disturbance or interruption. An hours of operations plan shall be submitted as part of any application for such home occupation in accordance with Article XII of this chapter relating to hours of operation and management plan.

(15) The home occupation shall not involve commercial repair of motor vehicles or similar type equipment.

(16) Drive-through facilities shall be prohibited.

(17) The home occupation shall not involve any illegal activity.

G. No-impact home occupation. No-impact home occupations are permitted, subject to the following criteria:

(1) The business activity shall be compatible with the residential use of the property and surrounding residential uses.

(2) The business shall employ no employees other than family members residing in the dwelling.

(3) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(4) There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.

(5) The business activity may not use any equipment or process which creates noise, vibrations, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(6) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(7) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

(8) The business may not involve any illegal activity.

H. Outdoor cafe/dining. Outdoor cafes/dining are permitted, subject to the following criteria:

(1) Outdoor furnishings shall be limited to tables, chairs, umbrellas, benches, trash/recycling-type facilities, outdoor heaters and reservation podium.

(2) Outdoor furnishings shall be stored in an enclosed facility (which shall include fencing) after normal operating hours.

(3) The limits of the outdoor dining area shall be defined. In addition to decorative fencing and landscaping, decorative planters, posts with ropes, and other removable enclosures, as well as reservation podiums are encouraged as a way of defining the area occupied by the outdoor dining area.

(4) Advertising or promotional signage, other than permitted signs in accordance with Article XIII of this chapter, shall be limited to umbrellas and canopies.

(5) Outdoor dining shall not impede public sidewalks. Where permission is granted by the entity having jurisdiction over the public right-of-way in which the outdoor dining is proposed and a minimum of six feet of uninterrupted (obstacle-free) pathway can be continuously maintained, public sidewalks may be utilized for outdoor dining areas.

I. Outside display and sales. Outside display and sales are permitted, subject to the following criteria:

(1) To be considered outside display and sales, the goods, material and merchandise which are being displayed shall be offered for sale to customers. Otherwise, it shall be considered outdoor storage or stockpiling and shall comply with outdoor storage and outdoor stockpile provisions set forth elsewhere in Article XII of this chapter relating to outdoor storage and outdoor stockpiling.

(2) Except as provided in this subsection below, outside display and sales of goods, material and merchandise shall not occupy any public right-of-way (including public sidewalk areas), setbacks, buffer yards or required parking and loading areas. In no case shall the location of such outside display and sales areas occur within any area used for pedestrian or vehicular circulation, parking or loading, or emergency vehicle access (e.g., fire lanes).

(a) Within the MNB Zoning District, outside display and sales of goods, material and merchandise shall be limited to front porches.

(b) Within the DT and GB Zoning Districts, outside display and sales of goods, material and merchandise may be located within the front yard and front setback.

(3) Where permitted, automobile, boat, heavy equipment, mobile/manufactured home, recreational vehicle, and other similar motor vehicle rental/sales, repair/servicing, washing, and/or fuel/gasoline sales with outside sales/rental inventory/display areas for other similar motor vehicles, abut a street right-of-way, a perimeter landscape strip, a minimum of five feet in width, planted with a hedge, masonry wall, and/or other desirable planting of at least two feet in height, along with grass or other living ground cover, shall be planted, mulched and maintained on all portions of the perimeter landscape strip, and shall be provided and protected by permanent curbing, or otherwise comply with Article XIV of this chapter.

(4) The location of the outside display and sales shall not interfere with or otherwise obstruct pedestrian and vehicular traffic:

(a) Traveling within a public right-of-way, including sidewalks and streets;

(b) Entering or leaving the lot or adjacent lots (including access drives and driveways); and

(c) Shall be not located within any required clear-sight triangle as required in Article XIV of this chapter relating to driveways and access drives.

(5) No outside display and sales shall occur on areas with a slope in excess of 15% or within any area designated as the floodway or flood fringe, as provided for in Article XI of this chapter relating to the Floodplain Overlay Zoning District (FPO).

(6) In order to prevent dust, erosion and excessive water flow across streets or abutting property, all areas used for outside display and sales shall be graded for proper drainage and shall be improved with a durable and dustless surface, such as concrete or bituminous concrete surface, unless an alternative material and/or design as part of a readily accepted stormwater BMP, in accordance with Chapter 360 of this Code, relating to stormwater management, or any other construction materials specifications adopted by the Borough, and approved by the Borough Engineer.

(7) Outside display and sales areas shall be kept in an orderly fashion to maintain circulation for emergency response.

(8) No signage, except as authorized by Article XIII of this chapter, shall be permitted.

(9) Outside display and sales areas shall be graphically depicted and otherwise indicated upon any required site plan as part of a permit application pursuant to Article XVII of this chapter relating to applications for zoning permits.