1.
This Part establishes
additional specific requirements for certain specific uses, in addition
to the sign, parking, floodplain, historic design and other general
requirements of this Zoning Chapter and the requirements of each district.
Wherever two requirements conflict, the more restrictive requirement
upon the applicant shall apply.
3.
General provisions
and exceptions.
A.
Mixed uses.
Land, buildings and structures shall be designed and used only for
authorized uses within respective zoning districts. Except where specifically
authorized by this chapter, multiple uses of land, buildings or structures
are prohibited in the R-1, R-2 and R-3 Districts.
B.
Dwelling in
a basement. No dwelling unit or units shall be contained in a basement
or cellar, which basement or cellar does not have 50% or more of its
average height above grade level.
C.
Clear sight
distances at intersections. A clear sight triangle, as defined by
this chapter, shall be maintained at all intersections of public and/or
private streets and driveways in all zoning districts. Required sight
distances along intersecting streets/driveways shall be in accordance
with the current applicable PennDOT standards.
D.
Exotic animals.
Exotic animals such as lions, tigers, bears, large or poisonous snakes,
alligators and similar animals shall not be permitted in any zoning
district.
1.
Adult use. (This
is limited to the following: adult bookstore, adult movie theater,
massage parlor or adult live entertainment facility use or any one
or group of same as may be specifically indicated herein.)
[Amended 7-13-2006 by Ord. No. 1184]
A.
The exterior walls of any structure
of such use shall not be located within 500 lineal feet of any residential
district or the lot line of any primary school, secondary school,
place of worship, day-care center, child nursery, library, existing
dwelling not owned by the same owner as the adult use, public park
or lot marked on any official Borough map as a proposed future park.
[Amended 9-13-2007 by Ord. No. 1196]
(1)
For the purposes of this
subsection, the POSP District bordering the WDD and the trail along
the Monogahela River within the WDD shall not be a public park.
B.
No such use
shall be located within 1,000 lineal feet of any existing adult use.
C.
A thirty-five-foot buffer yard shall be provided along the side and rear lot lines in accordance with § 27-1102, but with plantings of an initial minimum height of five feet.
D.
No pornographic or sexually explicit material, sign, silhouette, display or word shall be placed in view of persons who are not inside of the establishment. See § 27-904, Prohibited signs.
E.
The owner of
the establishment shall be strictly responsible for prohibiting minors
from entering the premises.
F.
No such use
shall be used for any purpose that violates any federal, state or
Borough law.
G.
Only the adult
live entertainment facility use shall be allowed in combination with
the sale of alcoholic beverages, contingent upon it obtaining and
maintaining all necessary licensing and approvals from the Pennsylvania
Liquor Control Board.
H.
The use shall
not include the sale or display of obscene materials, as defined by
state law, as may be amended by applicable court decisions.
I.
No such use
shall permit the direct tipping by a customer or any other payment
of cash or other items of value by a customer directly to a person
providing entertainment in an adult live entertainment facility.
J.
These uses are
specifically prohibited in all districts except where specifically
permitted by Part 3.
K.
A minimum lot
area of one acre is required, unless a larger lot is required in the
applicable district regulations.
L.
For public health
reasons, private or semiprivate viewing booths of any kind are prohibited.
This specifically includes, but is not limited to, booths for viewing
adult movies or nude dancers. No room of any kind accessible to customers
shall include less than 150 square feet.
M.
No use may include
live, actual or simulated sex acts or any sexual contact between entertainers
or between entertainers and customers or between customers.
N.
No live entertainment
facility use shall allow any physical contact between entertainers
and patrons, and entertainers shall be at least six feet away from
patrons at all times.
O.
Only lawful
massages, as defined by state court decisions, shall be performed
in a massage parlor.
P.
All persons
within any adult use, other than performers in an adult live entertainment
use, except as otherwise required by the Pennsylvania Liquor Control
Board, shall wear nontransparent garments that cover their genitals
and the female areola and shall otherwise comply with all other state,
federal and local laws and regulations regulating nudity, health,
sanitation and safety.
Q.
[1]Any application for such use shall state the names, home
addresses and home phone numbers of: a) all individuals to have more
than a five-percent ownership in such use and all officers, directors,
partners or members of any entity to hold more than a five-percent
interest in the use; b) the on-site manager or managers responsible
to ensure compliance with this Zoning Chapter; and c) any legal representative
of the applicant. Such information shall be updated once a year in
writing to the Zoning Officer.
[1]
Editor's Note: Original Subsection A(17), regarding written
notice of proposed hearing dates, was repealed 9-13-2007 by Ord. No.
1196.
R.
Notwithstanding anything to
the contrary in this chapter, whenever the regulations of this subsection
are at variance with any other lawfully adopted rules, regulations,
ordinances, deed restrictions or covenants, the regulations of this
subsection shall prevail.
[Added 9-13-2007 by Ord. No. 1196]
S.
Notwithstanding anything to
the contrary in this chapter, whenever any regulation of this chapter
is challenged as violating the United States Constitution and/or the
Pennsylvania Constitution either facially or as applied, the court
shall, if at all possible under the circumstances, interpret the regulation
in a manner that avoids a conflict between the regulation and the
United States Constitution and/or the Pennsylvania Constitutions.
[Added 9-13-2007 by Ord. No. 1196]
2.
Apartment in
combination with office or retail.
B.
Dwelling units
in basements, garages or other accessory buildings shall not be permitted.
C.
The entrance
for the dwelling unit or units shall be designed so that it is not
necessary to walk through the business establishment to access any
dwelling unit; however, the business establishment(s) and the dwelling
unit(s) may share a common corridor.
D.
Dwelling units
shall not be permitted on the ground or street floor of any building
containing one or more business establishments.
3.
Automobile, mobile/manufactured
homes sales.
A.
The business
shall include a permanent building on site for offices, display and/or
repair. A trailer shall not be used to meet this requirement. The
building shall have a minimum gross floor area of 3,000 square feet.
B.
No automobile,
manufactured home sales and service establishment shall be located
within 500 feet of any residential building.
C.
Areas for vehicular display and customer parking shall be paved or otherwise improved and shall maintain at least a five-foot landscaped setback from all property lines. Landscaping shall be in compliance with buffer yard provisions in § 27-1102, except for areas of egress and ingress.
D.
If an automobile
service station is an accessory use, all conditions required herein
for the primary and accessory use shall be met.
E.
If a vehicular
repair garage is an accessory use, all conditions required herein
for said use shall be met. All repair work, automotive preparation
work and storage of vehicles, including motor homes, mobile homes,
boats, campers, trailers and other vehicles or accessory vehicles,
shall be within an enclosed building.
F.
No strings of
lights, flags, flashers or any other display paraphernalia shall be
permitted. Lighting from spot or flood lights shall be oriented away
from adjacent highways and properties.
G.
No vehicle shall
be displayed or offered for sale outdoors which does not have all
mechanical and body components necessary for safe and lawful operation
in the commonwealth.
4.
Automobile repair
garage or auto service station.
A.
No automobile
repair garage or service station shall be located within 500 feet
of another automobile repair garage or service station.
B.
Access driveways
to the repair garage or service station shall be at least 30 feet
from the right-of-way line of the intersection of any public streets.
C.
Fuel pumps,
air towers and water outlets may be located outside an enclosed building,
provided that no portion of these facilities shall be closer than
five feet to any property line.
D.
The following
services, and no others, may be rendered in conjunction with the automobile
repair garage or service station: state inspections; lubrication;
oil changes; tire servicing and repair (excluding recapping or regrooving),
sale and servicing of spark plugs, batteries and distributors and
distributor parts; replacement of mufflers and tail pipes, water hoses,
fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers,
windshield wipers and wiper blades, grease retainers, wheel bearings,
mirrors and the like; radiator cleaning and flushing; washing and
polishing and sale of automotive washing and polishing materials;
providing and repairing fuel pumps, oil pumps and lines; minor servicing
and repair of carburetors; adjusting and repairing brakes; minor motor
adjustments not involving removal of the head or crankcase or racing
the motor; sales of beverages, packaged foods, tobacco and similar
convenience goods for station customers, as accessory and incidental
to principal operation; the provision of road maps and other informational
material to customers; and provision of rest room facilities. All
services shall be conducted entirely within a building.
E.
All automobile
parts and supplies shall be stored within a building, except that
automotive supplies may be displayed for sale at the fuel pump and
at a distance no greater than five feet from the pumps.
F.
All refuse shall
be stored in compliance with Chapter 143, Fire Prevention, [2] and other applicable ordinances.
G.
No vehicle shall
be parked or stored on a public right-of-way or property at any time.
Nonoperable vehicle or vehicles awaiting repairs may be parked or
stored on the premises, provided that they do not exceed the number
of available off-street parking spaces for the service station.
H.
Rental of automobiles,
vans (less than 20 feet long) or utility trailers shall be an authorized
accessory use, provided that no more than three vehicles are visible
on the premises at any time; additional parking spaces shall be provided
for each unit in addition to regular parking requirements.
J.
All surplus
items resulting from repair, including but not limited to fluids,
batteries and tires, shall be properly disposed of in accordance with
federal, state and local laws and ordinances.
5.
ATM.
A.
Any outdoor
ATM or similar establishment shall be well-lighted at all hours and
shall be easily visible from the public street right-of-way upon which
the lot has frontage.
B.
At least two
additional off-street parking spaces shall be required for each outdoor
ATM.
C.
A trash receptacle
shall be installed and maintained for each approved ATM, and the owner
of the establishment shall be responsible for the daily policing of
the establishment for litter and trash generated by customers of the
establishment.
D.
Any drive-through
or drive-in ATM shall be accessible without exiting a motor vehicle.
6.
Bakery, wholesale.
A.
The site shall
have direct vehicular access to an arterial or collector street, as
defined by this chapter.
B.
Adequate off-street loading areas shall be provided in accordance with the requirements of § 27-1010 of this chapter.
C.
Shipping and
receiving shall not be permitted between the hours of 7:00 p.m. and
7:00 a.m. if the site is located within 250 feet of any property line
of property used for residential purposes.
7.
Bed-and-breakfast.
A.
The minimum
lot area required shall be 6,000 square feet.
B.
The maximum
number of sleeping rooms offered shall be four.
C.
The owner/operator
shall be a full-time resident of the dwelling.
D.
No meals, other
than breakfast, shall be served on the premises. Meals shall not be
served to customers who are not overnight guests.
E.
The maximum
length of stay for any guest shall be seven consecutive overnight
stays in any thirty-day period.
F.
No sign shall
be permitted, other than a placard mounted on the wall of the dwelling,
which shall not exceed six square feet in area and which shall contain
only the name and address of the bed-and-breakfast and the name of
the proprietor.
G.
One off-street
parking space shall be provided on the lot for each sleeping room.
Off-street parking shall be screened from adjoining residential properties
by a six-foot compact hedge or fence.
8.
Boarding/lodging
home. See personal care, boarding home, group care facilities or transitional
dwelling in this section.
9.
Bottle club
A.
The public sidewalk
and adjacent rights-of-way shall not be used for loitering.
C.
There must be
at least one security guard on duty during business hours.
D.
There shall
be no advertising for the bottle club anywhere on the exterior of
the building that houses the bottle club.
F.
All waiting
lines for entry shall be contained within the building, and there
must be a minimum of 100 square feet of waiting space within the building.
G.
A certificate
of occupancy for a bottle club shall be issued by the Zoning Officer.
H.
Maximum occupancy
shall be in accordance with the local building code.
I.
Hours of operation
shall be from noon to 10:00 p.m.
J.
All types of
entertainment are permitted, except for those permitted in adult entertainment
facilities and adult movie theater and those prohibited by § 7329
of the Pennsylvania Crimes and Offenses Code (Title 18).
10.
Building materials
storage and sales or hardware store.
A.
The site shall
have direct vehicular access to an arterial or collector street, as
defined by this chapter.
B.
Adequate off-street loading areas shall be provided in accordance with the requirements of § 27-1010 of this chapter.
C.
All materials
stored outside of a completely enclosed building shall be secured
by an eight-foot wood privacy fence, chain link fence supplemented
with opaque screening material or a screening fence which creates
a visual barrier that is at least 80% solid.
11.
Car wash.
A.
Repair work
and car lubrication shall be performed on the property if all requirements
of automobile repair garage or auto service station of this section
are met.
B.
All automated
washing facilities shall be in a completely enclosed building, as
defined by this chapter. All other car washing facilities shall be
under roof with at least two walls.
C.
Drainage water
from the washing operation shall be controlled so that it does not
flow or drain onto berms, streets or other property.
D.
Standing spaces
shall be provided in accordance with the requirements specified for
drive-in facilities of this section.
E.
The facility
shall be connected to public sewers.
F.
Gasoline pumps
for servicing cars may be located on the property, provided that they
are located no closer than five feet from any property line.
G.
Driveway entrances
shall be located at least 30 feet from the right-of-way line of the
intersection of any public streets.
H.
On-lot traffic
circulation channels and parking areas shall be clearly marked.
12.
Carpenter shops.
A.
All equipment,
materials and operations shall be within completely enclosed building.
C.
Off-street
parking shall be provided for each employer and employee for any area
devoted to retail sales.
D.
No volatile
fluids shall be stored outside. The handling and storage of volatile
fluids shall comply with Chapter 143, Fire Prevention.[4]
E.
There shall
be no outside storage of raw materials or finished products.
F.
Adequate provisions
shall be made for proper ventilation to maintain a safe and sanitary
environment inside the building.
G.
Adequate provisions
shall be made for the storage and proper disposal of sawdust, wood
shavings and other wood-related waste material.
13.
Cemetery.
A.
Minimum lot
area: two acres.
B.
All structures
and graves shall be set back a minimum of: 30 feet from the lot line
of an abutting dwelling or any undeveloped residentially zoned lot,
20 feet from the existing right-of-way of any public street and 10
feet from the cartway of an internal driveway.
C.
No grave sites
shall be located within the one-hundred-year floodplain.
D.
The use shall
include an appropriate system to ensure perpetual maintenance.
14.
Commercial
forestry. The following provisions shall apply to forestry operations
involving the cutting down in a calendar year of more than 25 live
trees of more than six-inch trunk diameter (measured at 4.5 feet above
the surrounding average ground level). See exceptions below, which
describes situations in which the following provisions do not apply.
A.
A forestry
management plan shall be prepared and followed for any forestry involving
more than 10 acres. Such forestry management plan shall be submitted
to the Zoning Officer and shall be provided to the Planning Commission
for an advisory review prior to issuance of a permit. The forestry
management plan shall be prepared by a professional forester who has
graduated with a minimum of a bachelor's degree in forestry from a
college or university accredited by the Society of American Foresters.
(1)
The forestry
management plan shall be consistent with the Timber Harvesting Guidelines
of the Pennsylvania Forestry Association.
(2)
The forestry
management plan shall describe proposed reforestation measures, except
as follow:
(3)
A twenty-foot-wide
buffer of existing trees shall be maintained abutting public streets
and existing dwellings, except for necessary ingress and egress of
vehicles, except such buffer abutting a dwelling may be waived in
writing by the owner of such dwelling.
(4)
The Borough
Zoning Officer shall be notified a minimum of three working days prior
to the initiation of forestry activities. The Borough Council may
authorize one or more persons to assist the Zoning Officer in overseeing
operations.
B.
An erosion
and sedimentation control plan shall be submitted to the County Conservation
District for any review and recommendation.
C.
All forestry
shall maximize use of selective cutting and/or reforestation and shall
minimize clear-cutting. Clear-cutting is prohibited on areas exceeding
25% slope and within 100 feet of the center line of a perennial waterway.
D.
Clear-cutting
of trees shall not exceed a total of more than two acres, except for
areas approved for development.
E.
Logging roads,
skid trails and landings shall be properly revegetated after forestry
operations are complete.
F.
No trees shall
be skidded into or across a perennial waterway.
G.
Exceptions.
The provisions of these commercial forestry regulations shall not
apply to the following.
(1)
A bona
fide plant nursery or Christmas tree farm.
(2)
The removal
of trees on a residential lot of less than two acres after occupancy
by a family.
(3)
The removal
of up to 25 trees per lot, or on any combination of adjoining lots
in common ownership, with a trunk diameter of six inches or more in
any calendar year.
(4)
The routine
thinning of woods involving the cutting down on one or more abutting
lots in a calendar year of up to 20% of the trees of greater than
six inches trunk diameter, with such cutting well distributed throughout
the wooded area.
(5)
The removal
of trees with a trunk diameter of less than six inches.
(6)
The removal
of trees meeting any of the following conditions, which shall not
require review or approval by the Borough:
(a)
The
tree is located within 10 feet of an uncurbed vehicular cartway.
(b)
The
tree is within three feet of a proposed or existing vehicular cartway,
shoulder or sidewalk.
(c)
The
tree is within 10 feet of an approved stormwater detention basin,
paved area, driveway or on-lot sewage system or utility line.
(d)
The
tree is within 30 feet of the foundation of an approved structure.
(e)
The
tree is within an approved utility corridor.
(f)
The
tree is diseased, dead or poses a clear danger to a structure, utility
or public improvement.
(g)
The
tree is a hazard to vehicular sight distance.
(h)
The
tree is clearly of old age and unhealthy and cannot reasonably be
expected to live for more than an additional 10 years.
(i)
The
tree is within an area of an approved principal or accessory use that
clearly requires the removal of the tree.
(j)
The
tree needs to be removed to allow longer rows for crop farming.
15.
Commercial
school.
A.
No storage
of vehicles, equipment or other materials shall be permitted outside
a completely enclosed building.
B.
Off-street
parking shall be located at least five feet from any property line
which adjoins a single-family dwelling and shall be screened alongside
a property line by a six-foot compact hedge.
16.
Communications
tower or antennae, commercial, located on existing structures, including
building rooftops, water tanks or existing towers.
A.
Building-mounted
communications antennas shall not be located on any residential dwelling
unit.
B.
Any applicant
proposing communications antennas to be mounted on a building or other
structure shall submit detailed construction and elevation drawings
indicating how the antennas will be mounted on the structure for review
by the Building Official for compliance with the Borough of Homestead's
Building Code and other applicable law.
C.
The provider
proposing to collocate antennas shall provide written certification
from a professional engineer stating that the installation will not
exceed the structural capacity of the building or other structure,
considering wind and other loads associated with the antenna location.
D.
Communications
antennas located on existing structures shall be permitted to exceed
the height limitation of the applicable zoning district by no more
than 20 feet.
E.
Collocated
antennas shall meet all applicable building codes and other regulations
of the Borough's Zoning Chapter.
F.
Communications
antennas shall comply with all applicable standards established by
the Federal Communications Commission governing human exposure to
electromagnetic radiation.
G.
See glare standards
in § 27-701.5.
17.
Communications
tower or antennae, commercial, new.
A.
Any applicant
proposing construction of a new communications tower shall demonstrate
that a good faith effort has been made to obtain permission to mount
the communications antennas on an existing building, structure or
communications tower. A good faith effort shall require that all owners
of potentially suitable structures within a one-quarter-mile radius
of the proposed communications tower site be contacted and that one
or more of the following reasons for not selecting such structure
apply:
(1)
The proposed
antennas and related equipment would exceed the structural capacity
of the existing structure and its reinforcement cannot be accomplished
at a reasonable cost.
(2)
The proposed
antennas and related equipment would cause radio frequency interference
with other existing equipment for that existing structure and the
interference cannot be prevented at a reasonable cost.
(3)
Such existing
structures do not have adequate location, space, access or height
to accommodate the proposed equipment or to allow it to perform its
intended function.
(4)
Addition
of the proposed antennas and related equipment would result in electromagnetic
radiation from such structure exceeding applicable standards established
by the Federal Communications Commission governing human exposure
to electromagnetic radiation.
(5)
A commercially
reasonable agreement could not be reached with the owners of such
structures.
B.
The applicant
shall provide written certification from a professional engineer stating
that the communications tower/antennae will meet the requirements
of the latest BOCA Building Code for wind resistance and strength
of construction and will be engineered to fall on the same lot if
the structure would fail.
C.
A commercial
communications tower shall have a maximum height of 250 feet.
D.
The base of
a freestanding tower shall be surrounded by a secure fence with a
minimum height of eight feet.
E.
Access shall
be provided to the communications tower by means of a public street
or easement to a public street. The easement shall be a minimum of
20 feet in width and shall be improved to a width of at least 10 feet
with a dust-free, all-weather surface for its entire length.
F.
Any freestanding tower that is higher than 50 feet and is within 100 feet of a public street or dwelling shall be surrounded (except at the driveway crossing) by evergreen screening or preserved woods meeting the requirements of § 27-1102.
G.
If a communications
tower remains unused for a period of 12 consecutive months, the owner
or operator shall dismantle and remove the communications tower within
six months of the expiration of such twelve-month period.
H.
One off-street
parking space shall be provided within the fenced area.
I.
The applicant
shall submit a copy of its current Federal Communications Commission
license; the name, address and emergency telephone number for the
operation of the communications tower and a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering the communications tower and
communications antennas.
J.
All guy wires
associated with guyed communications towers shall be clearly marked
so as to be visible at all times and shall be located with a fence
enclosure.
K.
Communications
antennas shall comply with all applicable standards established by
the Federal Communications Commission governing human exposure to
electromagnetic radiation.
L.
See light and
glare standards in § 27-701.5.
18.
Conversion
apartments
A.
The minimum
lot area shall be that required for a single-family dwelling in the
district.
B.
All other lot
width, yard, height, building coverage and parking requirements applicable
to single-family and two-family dwellings in the district shall be
met.
C.
In the R-1
District, the maximum number of units permitted in a dwelling shall
be two.
D.
For efficiency
apartments, at least 600 square feet of habitable floor area per dwelling
unit shall be provided.
E.
For all other
apartments, at least 900 square feet shall be provided.
F.
Each dwelling
unit shall have separate living, sleeping, kitchen and sanitary facilities.
G.
Conversion
of basements, garages or other accessory buildings to dwelling units
shall not be permitted.
H.
Safe ingress
and egress and adequate turnaround areas shall be provided on the
lot for circulation of automobiles owned by the residents.
19.
Day-care centers
(child or adult).
A.
All day-care
centers shall be licensed by the Pennsylvania Department of Human
Services and must operate in accordance with the requirements of the
Department. This requirement is a condition of occupancy.
B.
Any outdoor
recreational areas on the property shall be no closer than 25 feet
to an abutting street or 10 feet to any property lines. They shall
be fenced with a self-latching gate or otherwise secured and shall
be screened by a six-foot compact hedge.
C.
Safe off-street
vehicular access for discharging and picking up children or adults
shall be provided, with a minimum of one off-street parking space
per 15 day-care participants.
D.
One parking space shall be provided for each staff member, plus one for each six children or adults cared for at the center. Parking areas for four or more vehicles shall be screened in accordance with § 27-1102 when abutting a residential use or district.
E.
In the R-1,
R-2 and R-3 Districts, a child or adult day-care center shall be permitted
only when operated as an accessory use in an existing church or school.
21.
Drive-in facility.
A.
The site shall
have frontage on an arterial or collector street, as defined by this
chapter.
B.
Entrances,
exits and standing spaces shall be adequately indicated with pavement
markings and directional signs.
C.
Parking areas
and circulation patterns shall be adequately striped and marked to
facilitate circulation on the site.
D.
No driveway
serving a drive-in facility shall be located within 30 feet of the
right-of-way line of any public street intersection.
E.
In addition
to the required parking areas, a minimum of five standing spaces,
in tandem, with a minimum length of 100 feet, in direct line with
each window or stall, shall be provided for vehicles to wait in line.
The standing spaces shall not interfere with the use of any required
parking spaces and shall not inhibit the free flow of traffic on the
site. The standing spaces shall be designed so that waiting vehicles
shall not stand in any right-of-way or overflow onto adjacent properties,
streets or berms.
22.
Emergency care
center. See "hospital."
23.
Funeral home.
A.
The site shall
have direct vehicular access to an arterial or collector street, as
defined in this chapter.
B.
The minimum
site area shall be 21,780 square feet.
C.
Off-street
parking and loading shall be provided in accordance with Part 10.
D.
All outdoor
lighting shall be shielded and reflected away from adjacent properties.
E.
Parking areas
adjoining property lines of adjoining properties containing residential
use or zoning classification shall be screened by a six-foot compact
hedge or privacy fences.
24.
Garden apartments,
mid-rise and high-rise.
A.
The minimum
lot area required for mid-rise and garden apartments shall be 21,780
square feet.
B.
The minimum
lot area required for high-rise apartments shall be one acre.
C.
The maximum
permitted density for garden, mid-rise and high-rise apartments shall
be 20 units per acre.
D.
The maximum
number of dwelling units permitted in any garden apartment building
shall be 24. The maximum number of dwelling units permitted in any
mid-rise apartment building shall be 36. The maximum number of dwelling
units permitted in any high-rise apartment building shall be 100.
E.
The minimum
lot width required for garden, mid-rise and high-rise apartments shall
be 110 feet.
F.
The minimum
front and rear yards required shall be 40 feet. The minimum side yard
required shall be 15 feet.
H.
The maximum
height of a high-rise apartment shall be seven stories and 84 feet.
I.
In the C-3 District, multifamily dwellings shall be designed and located to minimize the impacts of adjacent nonresidential uses. The site proposed for multifamily dwellings shall be evaluated in terms of the intensity of land use, traffic generation and circulation characteristics and environmental impacts of adjoining land uses. Adequate buffer yards shall be provided between dissimilar uses in accordance with the requirements of § 27-1102 of this chapter.
25.
Group residence.
See group residence, juvenile facility, personal care, boarding home
or transitional dwelling in this section.
[Amended 8-8-2013 by Ord. No. 1219]
26.
Hospitals,
emergency care centers.
A.
Hospitals shall
be licensed by the commonwealth and have the required approvals of
all regulatory agencies or accreditation organizations.
B.
The minimum
lot area shall be one acre.
C.
The property
shall have its principal traffic access to an arterial or collector
street with sufficient capacity to handle the traffic to be generated.
The Borough may require a traffic analysis, prepared by a qualified
traffic expert, showing the peak hour traffic generation derived from
the proposed development and its relation to surrounding roads and
intersections, including methods developed for alleviating traffic
problems, if any.
D.
Where the use
adjoins existing residential uses, a minimum twenty-five-foot buffer
yard shall be provided. Care shall be taken to locate emergency, loading
and service entrances where they are not offensive to adjoining properties.
E.
A landscaped
area, at least 15 feet in depth, shall be provided along the entire
front property line, except for approved entrances.
F.
The site shall
be designed to provide maximum accessibility for emergency and public
safety services.
27.
Hotel/motel.
A.
If the hotel/motel includes restaurants to serve both overnight guests of the hotel and the general public, then it shall provide off-street parking for such facilities in accordance with the provisions of § 27-1006 of this chapter.
B.
Areas not occupied
with buildings and parking areas shall be completely landscaped and
planted with lawns, ornamental trees and shrubs in order to provide
areas and facilities for active and passive recreation, in accordance
with the Borough's adopted plan for parks and recreation.
C.
No buildings
shall be set closer than 45 feet to the front, side and rear lot lines.
D.
There shall
be not less than 1,000 square feet of lot area for each sleeping unit.
The minimum lot area for a hotel/motel shall be one acre.
E.
Sleeping units
shall contain a bedroom and bath and have a floor area of not less
than 250 square feet.
F.
If the lot
upon which a hotel/motel is erected abuts a residential district,
it shall be screened by well-maintained landscaping not less than
six feet nor more than 10 feet high or an ornamental fence within
the same height limitations, the ratio of the solid portion to the
open portion of which shall not exceed 3 to 1.
G.
The facility
shall have access from a public street of sufficient size and capacity
to accommodate the projected traffic. If any on-site improvements,
including all improvements constructed on the applicant's property,
or the improvements constructed on the property abutting the applicant's
property necessary for the ingress or egress to applicant's property,
and required to be constructed as a result of the proposed hotel,
the hotel owner or developer shall bear the cost of any such improvements.
28.
Housing for
the elderly
A.
Certain special
features usually associated with group living needs for the comfort,
health, safety, and welfare of elderly persons, such as dispensaries,
medical facilities, common dining facilities group recreation facilities
and similar or related facilities may be permitted.
B.
The development
should be located in an area of determined need for such housing,
but should not be of such a scale as to create a demographic imbalance
with the neighborhood.
C.
The site should
be in an area of relatively flat terrain.
D.
The site should
be reasonably accessible to food markets, drug stores, medical facilities,
social services and other goods or services typically needed or utilized
by elderly persons.
E.
The site shall
have reasonable access to public transit.
F.
The development
shall provide common dining and social rooms.
G.
The site shall
not be immediately adjacent to noise and pollution producing activities
or other activities or uses that are detrimental to residential uses.
H.
Not less than
20% of the lot shall be in usable open space at ground level. Such
space shall be not less than eight feet in width, shall be located,
arranged and oriented to provide optimal exposure to fresh air and
sunlight and shall be developed and maintained to suit the needs of
elderly people. Equivalent off-site open space that is easily accessible
for elderly people and that is located on public land, in public control
or under contractual agreement with the applicant may be considered
as meeting this requirement.
I.
The Borough
may require additional parking beyond that otherwise required if it
determines that the particular programs or residents of the facility
will require such additional parking.
J.
The building
shall be designed to be in keeping with the character of the surrounding
area.
K.
Minimum unit
sizes will be 540 square feet for a one-bedroom unit and 800 square
feet for a two-bedroom unit.
L.
Maximum building
height is three stories, or 35 feet above adjacent ground level.
29.
Junkyard (includes
automobile salvage yard)
A.
Storage of
garbage or biodegradable material is prohibited, other than what is
customarily generated on site and routinely awaiting pickup.
B.
Outdoor storage
of junk shall be at least 100 feet from any residential lot line and
50 feet from any other lot line and the existing right-of-way of any
public street.
C.
The site shall
contain a minimum of two exterior points of access, each of which
is not less than 20 feet in width. One of these accesses may be limited
to emergency vehicles. Cleared driveways shall be provided throughout
the entire use to allow access by emergency vehicles. Adequate off-street
parking areas shall be provided for customers.
D.
Outdoor storage shall be completely surrounded (except at approved driveway entrances) by a forty-foot-wide buffer yard which complies with § 27-1102, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
E.
Burning or
incineration of vehicles or junk is prohibited.
F.
See the noise
regulations of Part 7.
G.
All gasoline
and oil shall be drained from all vehicles and properly disposed of.
All batteries shall be removed from vehicles and properly stored in
a suitable area on an impervious, properly drained surface.
H.
Lot area: three
acres minimum; 20 acres maximum.
30.
Kennel.
A.
All buildings
in which animals are housed and all runs shall be located at least
200 feet from all residential lot lines.
B.
Buildings shall
be adequately soundproofed so that sounds generated within the buildings
cannot routinely be heard within any adjacent dwelling.
C.
No animal shall
be permitted to use outdoor runs from 8:00 p.m. to 8:00 a.m. that
are within 300 feet of an existing dwelling. Runs for dogs shall be
separated from each other by visual barriers a minimum of four feet
in height to minimize dog barking.
D.
See state law
regulating kennels.
E.
A kennel may
be used for breeding.
F.
Minimum lot
area: five acres.
31.
Library, see
public building or use, library, museum, park or playground in this
section.
32.
Methadone treatment
facility. Unless the facility is licensed by the Department of Health
prior to May 15, 1999, a methadone treatment facility shall not be
established or operated within 500 feet of an existing school, public
playground, public park, residential housing area, child-care facility,
church, meetinghouse or other actual place of regularly stated religious
worship established prior to the proposed methadone treatment facility
unless, if, by majority vote, the Borough Council votes in favor of
the issuance of an occupancy permit or certificate of use for said
facility at such location. In this case:
A.
At least 14
days prior to the Borough Council's vote, one of more public hearings
shall be held within the Borough following public notice.
B.
All owners
of real property located within 500 feet of the proposed location
shall be provided written notice of said public hearings at least
30 days prior to said public hearings occurring.
33.
Mineral extraction.
The following mineral extraction provisions shall not apply to routine
removal of material from a site (such as shale) for use as fill of
land.
A.
After areas
are used for mineral extraction, they shall be reclaimed in phases
to a nonhazardous and environmentally sound state permitting some
productive future use.
B.
A seventy-five-feet-wide
yard covered by natural vegetative ground cover (except at approved
driveway crossings) shall be required along all exterior lot lines
that are within 250 feet of an area of excavation or within 250 feet
of machinery that is greater than 35 feet in height. This yard shall
include an earth berm averaging a minimum of six feet in height and
an average of one shade tree for each 50 feet of distance along the
lot lines. Such shade trees shall be planted outside of any berm and
any fence. The trunk diameter (measured at a height of one foot above
the finished grade level) shall be a minimum of two inches or greater.
C.
The following
minimum setbacks shall apply for the excavated area of a mineral extraction
use from property that is not owned by the owner of the mineral extraction
use:
(1)
One hundred
feet from the existing right-of-way of public streets and from all
exterior lot lines of the property
(2)
One hundred
fifty feet from a commercial or industrial building, unless released
by the owner thereof
(3)
Two hundred
fifty feet from a residential lot line, other than an abandoned dwelling
(4)
One hundred
fifty feet from the lot line of a publicly owned recreation area that
existed at time of the application for the use or expansion.
D.
The excavated
area of a mineral extraction use shall be set back 150 feet from the
average waterline of a perennial stream or the edge of a natural wetland
of more than two acres.
E.
Fencing. The
Borough Council may require secure fencing in locations where needed
to protect public safety.
F.
Noise and performance
standards: see Part 7.
G.
County Conservation
District. A soil erosion and sedimentation plan shall be prepared
by the applicant and found to be acceptable to the County Conservation
District.
H.
Hours of operation.
The Borough Council may reasonably limit the hours of operation of
the use and of related trucking and blasting operations to protect
the character of adjacent residential areas.
I.
Engineering
review. The application shall be sent to the Borough Engineer or an
alternate engineer appointed by Borough Council for a review, with
the reasonable costs of such review paid by the applicant.
J.
The applicant
shall also submit a copy to the Zoning Officer of all materials submitted
by the applicant to state agencies regarding an application for this
project. The use shall comply with all applicable state regulations
as a condition of Borough approvals under this Zoning Chapter, and
such Borough approval may be revoked for violation of this condition.
K.
Preemption.
Unless a specific preemption of this Zoning Chapter by a state or
federal regulation or law, the most restrictive provisions upon the
applicant shall apply whenever one or more municipal, state or federal
regulations apply.
L.
Application
requirements. For any mineral extraction use involving a proposed
excavation of more than one acre, the following shall be submitted:
(1)
Present
uses of the site.
(2)
A scaled
map, prepared by a professional engineer, showing the locations of:
(a)
The
proposed area to be excavated (and maximum depth).
(b)
Other
land to be affected including but not limited to storage sites for
overburden, access and haulage streets, storage sites for equipment
and offices and other accessory structures.
(c)
Lot
lines of adjacent lots, and owners and existing uses of these lots.
(d)
Watercourses,
bodies of water, street rights-of-way, buildings and publicly owned
recreation areas within 250 feet of the boundaries of land to be affected
by the mineral extraction operation.
(e)
Any
wetlands and forested areas to be removed or protected and preserved
as part of the use.
(3)
A detailed
land reclamation plan of the area to be excavated, showing:
(a)
Proposed
reclaimed use and topography of the land following site mineral extraction
(b)
Actions
to be taken during mining to conserve and replace topsoil removed
during mining operations
(c)
Reasonable
assurances that the applicant will be capable of reclaiming the land
in accordance with the plan within a reasonable time after completion
of the mineral extraction operations to be covered by the requested
permit.
M.
Regulation
of the maximum acreage actively used for mineral extraction
(1)
To ensure
that large areas of land will be reclaimed in compliance with state
and Borough regulations, the Borough Council may establish a maximum
number of acres which may be affected by mineral extraction at any
one time on any lot or any series of lots owned by one applicant or
closely related applicants.
(2)
”Land
affected by mineral extraction" shall mean all total land area at
any point in time that is currently under active mineral extraction,
that is not adequately reclaimed or backfilled following prior extraction
operations and that contains waste or spoil piles from existing or
prior mining activities.
34.
Museum.
A.
Off-street
parking shall be located at least five feet from any property line
which adjoins a residential district and shall be screened along said
property line by a six-foot compact hedge and privacy fence.
35.
Nursing home.
A.
The minimum
lot area for a nursing home shall be 1,500 square feet per resident.
B.
The facility
shall be duly licensed by the commonwealth and shall operate in accordance
with the regulations of the licensing agency.
C.
The facility
shall provide off-street parking and loading spaces on the site in
accordance with Part 10.
D.
The facility
shall have its principal traffic access area from a public street
with sufficient capacity to handle the traffic generated by the use.
An analysis of peak hour traffic and impact on surrounding streets
and intersections and methods to alleviate any potential problems
may be required.
E.
Water volume
and pressure shall be adequate for fire protection.
F.
Ambulance,
delivery and service areas shall be obscured from the view of all
residential properties by fencing, screening or planting as approved
by the Borough.
G.
Buffer yards
shall be required along side and rear yards where necessary to provide
visual and audible privacy for the nursing home and/or adjacent uses.
A landscaped area at least 10 feet in depth shall be provided along
the entire front property line except for approved entrances.
36.
Group residence,
juvenile facility, personal care, boarding home or transitional dwelling.
[Amended 8-8-2013 by Ord. No. 1219]
A.
A full or provisional
license from the commonwealth shall be required for initial and continued
approval. Suspension of the license automatically revokes the occupancy
permit and approval of the conditional use.
B.
Change of ownership,
sponsorship or any other condition contained in the original approval
of the facility shall constitute a new use, and the procedure for
obtaining conditional use approval of a new facility shall be executed.
C.
No personal
care, boarding home, group care facility or transitional dwelling
shall be located within 1,000 feet of another personal care, boarding
home, group care facility or transitional dwelling.
D.
The facility
shall comply with local, county and state building, fire, health and
safety codes. An automatic fire suppression system shall be required
in a facility having six or more occupants. The system shall be installed
according to requirements of Chapter 110, Building Construction. [8] Smoke detectors shall be installed in, or in the immediate
vicinity of, each bedroom or sleeping area of the home and in the
basement or cellar, if there is one. When activated, the detector
shall provide an alarm suitable to warn occupants. When more than
one detector is required to be installed within the home, the detectors
shall be interconnected so that the activation of one alarm will activate
all the alarms.
E.
Adequate provisions
shall be made for access by emergency medical and fire vehicles.
F.
Not less than
20% of the lot shall be in usable open space at ground level. Such
space shall be not less than eight feet in width, shall be located,
arranged and oriented to provide optimal exposure to fresh air and
sunlight and shall be developed and maintained to suit the needs of
residents. Equivalent off-site open space that is easily accessible
for residents and that is located on public land, in public control
or under contractual agreement with the applicant may be considered
as meeting this requirement.
G.
One off-street
parking space shall be provided for each staff member, operator or
employees, plus one for each three residents in the home.
H.
Signs for the personal care, boarding home, group facility or transitional dwelling shall comply with applicable provisions of Part 9 of this chapter.
J.
The owner or
sponsor shall file with the Zoning Officer on June 1 of each year
following the original approval information indicating that the facility
continues to satisfy the conditions of original approval. If the facility
is shown to be operating in compliance with the terms of the original
approval, then the Zoning Officer shall renew the certificate of occupancy
for another year. If the information indicates that there is any change
in operation, or any complaint has been lodged against the facility,
the Zoning Officer shall forward the information to the Zoning Hearing
Board who shall decide the renewal of the approval and certificate
of occupancy.
K.
Twenty-four-hour
supervision shall be provided by staff qualified by the sponsoring
agency.
37.
Place of worship.
A.
The minimum
site areas required shall be 21,780 square feet.
B.
If a residential
facility (e.g., a convent, monastery) is part of the complex within
an R-1, R-2 or R-3 District, it shall not house more than 10 persons.
C.
The church
and parking area shall have direct access to a public street of sufficient
capacity to handle the traffic generated by the proposed use.
38.
Plant nursery.
A.
The site shall
have direct vehicular access to an approved intersection or collector
street.
B.
All materials
stored outside of the enclosed building shall be within a completely
enclosed yard, secured by an eight-foot wood privacy fence, or chain
link fence supplemented with opaque screening material, or a screening
fence, which creates a visual barrier that is at least 80% solid.
C.
All parking
and loading facilities shall be entirely accommodated on site.
39.
Private club.
A.
Clubhouses
shall be located at least 100 feet from any property line adjoining
any residential property.
B.
Operations
shall be discontinued between the hours of 2:00 a.m. and 6:00 a.m.
where the club is located within 200 feet of any residential property
line.
D.
Where eating
and/or drinking facilities are provided, parking requirements for
restaurants shall apply in addition to the parking requirements for
private clubs.
40.
Public building
or use, community center.
41.
Public building
or use, library, park or playground.
A.
Ingress and
egress for police and fire stations shall be located so as to maximize
sight distance along adjacent public streets.
B.
Fire stations,
police stations and municipal maintenance facilities shall be located
on the site so that vehicles and equipment can be maneuvered on the
site without interrupting traffic flow or blocking public streets.
C.
Any outside
storage of materials or equipment shall be screened from public view
by a six-foot-high compact hedge or fence.
E.
Outdoor lighting,
if proposed, shall be shielded and reflected away from adjoining streets
or properties.
F.
Outdoor play
areas shall be enclosed by a six-foot security fence and shall be
screened by a six-foot compact hedge along all property lines which
adjoin single-family dwellings.
G.
Off-street
parking shall be located at least five feet from any property line
which adjoins a single-family dwelling and shall be screened along
the side property line by a six-foot compact hedge or privacy fence.
H.
See § 27-303.3
and 4.
42.
Public parking
lot/garage.
A.
Ingress and
egress shall be designed to maximize sight distance along adjacent
public streets.
B.
No entrance
or exit shall be located within 30 feet of the right-of-way line of
the intersection of any public streets.
C.
The total area
of the lot covered by a public garage or public parking area shall
not exceed 90%.
D.
The minimum
required front and side yards for a public garage shall be the same
as those required in the district. The minimum required rear yard
shall be five feet.
43.
Public utility
structure.
A.
Uses involving
distribution, which are not enclosed by a building or structure, shall
be secured by a fence that is at least six feet in height with a self-latching
gate.
B.
Uses involving distribution equipment which is not enclosed by a building shall be adequately screened by a buffer yard as required by § 27-1102 of this chapter along all property lines adjacent to residential use or zoning classifications.
C.
Uses involving
towers or other distribution structures which exceed the height limitations
of the district shall be required to increase the yard clearance required
for the structure by one foot for every two feet in excess of the
height limitations of the district.
D.
The applicant
shall submit evidence that any proposed tower and its method of installation
has been designed by a registered engineer and is certified by that
registered engineer to be structurally sound and able to withstand
wind loads.
44.
Recycling collection
center.
A.
This use shall
not be bound by the requirements of a solid waste disposal facility.
B.
All materials
shall be kept in appropriate containers, with appropriate sanitary
measures and frequent enough emptying to prevent the attraction of
insects or rodents and to avoid fire hazards.
C.
Adequate provision
shall be made for movement of trucks if needed and for off-street
parking.
D.
A twenty-foot buffer yard with screening as described in § 27-1102 shall be provided between this use and any abutting residential lot line.
E.
This use may
be a principal or accessory use, including being an accessory use
to a commercial use, an industrial use, a public or private primary
or secondary school, a place of worship or a Borough-owned use, subject
to the limitations of this section.
F.
Materials to
be collected shall be of the same character as the following materials:
paper, fabric, cardboard, plastic, metal, aluminum and glass. No garbage
shall be stored as part of the use except for garbage generated on
site or garbage accidentally collected with the recyclables. Only
materials clearly being actively collected for recycling may be stored
on site.
G.
The use shall
only include the following operations: collection, sorting, baling,
loading, weighing, routine cleaning and closely similar work. No burning
or melting or mechanical shredding of metal or landfilling shall occur.
No mechanical operations shall routinely occur at the site other than
operations such as baling of cardboard and shredding of newspaper.
H.
The use shall
not include the collection or processing of pieces of metal that have
a weight greater than 50 pounds.
I.
The use shall
include the storage of a maximum of 50 tons of materials on the site
if the use is within 500 feet of an existing dwelling.
45.
Research and
development facility.
A.
All research
and development activities shall be conducted entirely within an enclosed
building.
B.
All materials
and equipment shall be stored within completely enclosed buildings.
C.
Pilot manufacturing
shall be permitted only as an accessory use when it is directly related
to research and development activities authorized as a principal use
in the zoning district.
D.
The floor area
devoted to pilot manufacturing shall not exceed 25% of the total floor
area of all buildings devoted to research and development.
F.
The storage
or use of any hazardous or potentially hazardous materials shall be
limited to those materials required to be used by, or produced in
connection with, the research and development activity. The transportation,
handling, use and disposal of such materials shall conform with all
applicable federal Environmental Protection Agency (EPA) and Pennsylvania
Department of Environmental Protection (DEP) regulations and permit
requirements.
46.
School.
A.
No storage
of vehicles, equipment or other materials shall be permitted outside
a completely enclosed building.
B.
Off-street
parking shall be located at least five feet from any property line
which adjoins a single-family dwelling and shall be screened alongside
a property line by a six-foot compact hedge.
C.
Outdoor play
areas shall be enclosed by a six-foot security fence and shall be
screened by a six-foot compact hedge along all property lines which
adjoin single-family dwellings.
E.
Outdoor lighting,
if proposed, shall be shielded and reflected away from adjoining streets
and properties.
47.
Self-storage
development.
A.
Outdoor storage
shall be limited to recreational vehicles, boats and trailers. No
junk vehicles shall be stored within view of a public street or a
dwelling.
B.
Trash, radioactive
or highly toxic substances, garbage, refuse, explosives or flammable
materials, hazardous substances, animal carcasses or skins or similar
items shall not be stored.
C.
The interior
traffic aisles, required off-street parking areas, loading areas and
accessways shall be kept clear of stored items.
D.
Major body
work on vehicles shall not be permitted.
E.
Adequate lighting
shall be provided for security, but it shall be directed away or shielded
from any adjacent residential uses.
F.
Any areas of the use that are within 200 feet of the existing right-of-way of an expressway, arterial street or collector street shall be separated from that street by a buffer yard with screening under § 27-1102.
G.
Maximum building
length: 250 feet.
H.
Minimum separation
between buildings: 20 feet.
I.
Facility must
be within range of a working fire hydrant.
48.
Shopping center.
A.
The minimum
site required for a shopping center shall be two acres.
B.
Ingress and
egress to and from the site shall be designed so as to minimize the
points of access to a public street. To the extent feasible, principal
access to the site shall be located the maximum practical distance
from any intersection of two public streets and, where the site has
frontage on two or more public streets, principal access shall be
provided from the street that has the lower volume of traffic.
C.
The site shall
be designed as a unit, and uniform signage and landscaping and common
parking and loading areas shall be proposed to promote uniformity
of design and efficiency.
D.
Approval of a land development for a shopping center shall be subject to all procedural and design standards of Chapter 22, Subdivision and Land Development, governing the Waterfront Development District (WDD).
E.
There shall
be no storage of materials or equipment outside a completely enclosed
building. All sales shall be conducted within a completely enclosed
building.
49.
Solid waste
facility (including a sanitary landfill, solid waste-to-energy facility
or solid waste transfer facility): see definition in Part 2.
A.
No property
shall be used as a dump site for solid waste without a valid Borough
and a valid DEP permit. The Borough permit may be suspended for violation
of a Borough or DEP requirement.
B.
An applicant
for a solid waste facility shall reimburse the Borough for all legal
advertisements related to the application, plus pay a nonrefundable
administrative fee of $2,000, plus establish an escrow account of
$40,000 to be used to compensate the Borough for actual and customary
expenses of professional reviews (such as but not limited to engineering
and impact reviews). Any escrow funds used for such reviews shall
be nonrefundable, while any funds not used for such reviews shall
be returned to the applicant after the final Borough approval.
C.
Site plan. A site plan shall be submitted meeting the requirements of Chapter 22, Subdivision and Land Development, and including all information required by DEP on any site plan submitted to the state. The site plan shall show existing and proposed final topography, proposed fencing and landscaping, owners of adjacent lots, proposed haul and access roads, proposed staging, location of equipment and tire cleaning areas and location of weighing and fire-fighting facilities.
D.
The applicant
shall submit the names and current addresses of any and all persons
who have any ownership interest of more than 5% in the proposed use
or in businesses that are proposing or intended to own or operate
the use. The experience of the applicant in developing and operating
other solid waste facilities shall be described.
E.
The applicant
shall provide the Zoning Officer with a copy of all written materials
and plans that are submitted to Pennsylvania DEP at the same time
as they are submitted to DEP.
F.
A statement
shall be submitted describing proposed uses of landfill land after
landfilling operations are completed.
G.
A traffic study
shall be submitted showing intended routes for truck traffic and estimating
the total number of vehicles of over 20,000 pounds gross vehicle weight
that are expected to enter and exit the facility, and the expected
impact of these vehicles on the roads considering the roads' existing
construction.
H.
An environmental
assessment shall be submitted, including the following:
(1)
Summary
of important findings in language understandable to laypersons, with
references to more detailed reports and data (such as in appendices).
(2)
Descriptions
of and maps showing the suitability of the proposed site for the use.
(3)
Applicable
technical data provided in an appendix.
(4)
Impacts
upon natural and cultural features, including surface water quality,
groundwater quality, air quality and historic buildings.
(5)
Impacts
upon stormwater and floodwater.
(6)
Visual
impacts.
(7)
For a
use involving incineration, a professional analysis of the expected
health impacts of the facility on humans, including a review of relevant
studies on the matter.
I.
Setbacks.
(1)
All solid
waste storage, disposal and incineration shall be a minimum of 200
feet from the following: public street right-of-way, exterior lot
line, one-hundred-year floodplain, edge of a surface water body (including
a water-filled quarry) or wetland of more than two acres in area.
(2)
All areas
to be used for the storage, disposal or incineration of solid waste
shall be a minimum of 400 feet from any of the following: residential
district, publicly owned park, lot line of any existing dwelling (which
the applicant does not have an agreement to purchase) or the banks
of any perennial creek or river.
(3)
A landscaped
area with a minimum width of 100 feet shall surround the site and
shall not be used for any use other than perpendicular driveway crossings.
J.
The use shall
be served by a minimum of two access roads paved with a dust-free
surface, each with a minimum cartway width of 24 feet. One of these
roads may be restricted to use by emergency vehicles, in which case
it may be stoned instead of being paved.
K.
Any burning
or incineration shall be carried out in a completely enclosed incinerator
approved by the DEP. Any material to be incinerated that is to be
stored for more than three hours shall be stored in an enclosed structure.
L.
The operation
and day-to-day maintenance of the solid waste disposal area shall
comply with all applicable state and federal regulations as a condition
of the continuance of any permit of the Borough. Violations of this
condition shall also be considered to be violations of this Zoning
Chapter.
M.
Open burning
of refuse is prohibited as part of a solid waste facility. Garbage
may not be dumped or buried except at an approved solid waste facility.
N.
The applicant
shall prove to the satisfaction of the Borough Council that the existing
street network can handle the additional truck traffic, especially
without bringing extraordinary numbers of trash hauling trucks through
or alongside existing residential or residentially zoned areas. The
Borough Council may require the applicant to make specific improvements
to roads to handle extraordinarily heavy loads.
O.
In cooperation
with Pennsylvania DEP requirements, an appropriate double liner and
a system to collect and treat leachate and methane is very strongly
encouraged for any sanitary landfill.
P.
The applicant
shall prove to the satisfaction of the Borough Council that the use
would not routinely create noxious odors off of the tract.
Q.
A chain link
or other approved fence with a minimum height of eight feet shall
surround active solid waste disposal areas to prevent the scattering
of litter and to keep out children, unless the applicant proves to
the satisfaction of the Borough Council that this is unnecessary.
The Borough Council may also require temporary litter-control fences
surrounding current dumping areas. The Borough Council shall require
earth berms, evergreen screening and/or shade trees with a minimum
total effective height of eight feet or more, as needed, to prevent
landfill operations from being visible from an expressway or arterial
streets or dwellings.
R.
A minimum total
lot area of 50 acres (which may include land in an adjoining municipality)
is required for any solid waste facility other than a solid waste-to-energy
facility or a solid waste transfer facility. For a solid waste-to-energy
facility or solid waste transfer facility, a minimum lot area of 10
acres shall be required for the first 250 tons per day of capacity
to treat or dispose of waste, plus one acre for each additional 50
tons per day of capacity. A solid waste facility shall have a maximum
total capacity of 500 tons per day.
S.
Health hazards.
Any facility shall be operated in such a manner to prevent the attraction,
harborage or breeding of insects, rodents or vectors.
T.
Attendant.
At least two employees shall be present during all times of operation.
U.
Gates. Secure
gates, fences, earth mounds and/or dense vegetation shall prevent
unauthorized access.
V.
Emergency access
and services. The operator of the use shall cooperate fully with local
emergency services. This should include allowing practice exercises
on the site and the provision of all information needed by the emergency
services to determine potential hazards. Adequate means of emergency
access shall be provided. Fire extinguishers, air packs for employee
use and an adequate water supply shall be supplied on site. Employees
shall be trained in basic fire-fighting methods. An emergency communications
system shall be provided on site, together with appropriately located
telephones available to contact local emergency services.
W.
Under authority
granted to the Borough under Act 101 of 1988, the hours of operation
shall be limited to between 8:00 a.m. and 7:00 p.m. The use shall
not operate Sundays, Christmas Day, Thanksgiving Day, New Year's Day,
Memorial Day, Labor Day or the 4th of July.
Y.
Litter. The
operator shall regularly police the area of the facility and surrounding
streets to collect litter that may escape from the facility or trucks.
All open waste trucks entering and exiting the site shall be covered.
Z.
Dangerous materials.
No radioactive, hazardous, chemotherapeutic or infectious materials
may be stored, processed, disposed or incinerated. “Infectious
materials” are defined as medical wastes used or created in
the treatment of persons or animals with seriously contagious diseases.
AA.
Staging.
No total area(s) larger than 50 acres shall be used as a disposal
area for a sanitary landfill in any calendar year.
BB.
The applicant
shall provide sufficient information for the Borough to determine
that the requirements of this Zoning Chapter will be met.
CC.
State requirements.
Nothing in this Zoning Chapter is intended to supersede any state
requirements. It is the intent of this Zoning Chapter that, when similar
issues are regulated by both the Borough and state, the stricter requirement
shall apply for each aspect unless it is determined that an individual
state regulation preempts Borough regulation in a particular aspect.
DD.
A tire cleaning
area shall be provided on access roads from a landfill.
EE.
The operator
shall enter into an agreement with the Borough specifying the types
and frequencies of environmental monitoring that will be put into
place while a solid waste-to-energy or sanitary landfill is underway
and for a minimum of three years after any landfill is closed. For
a landfill, such testing shall include at a minimum groundwater monitoring
wells. For an incineration use, such testing shall at a minimum include
air pollution monitoring.
FF.
A leachate
treatment system may be an accessory use to a landfill, and a recycling
collection center or a bulk recycling center are permitted in combination
with any permitted solid waste disposal facility.
GG.
For any transfer
facility or waste-to-energy facility, all loading and unloading of
solid waste shall only occur within an enclosed building and over
an impervious surface drain to a holding tank that is then adequately
treated.
HH.
For each
acre upon which active landfill operations begin, a ten-thousand-dollar
bond payable to the Borough of Homestead shall be posted by the operator
to ensure appropriate restoration of the site and adequate monitoring
after the use is ended. Such bond shall be in a form acceptable to
the Borough Solicitor. Such bond shall be in effect for a minimum
of 10 years after the operations cease.
II.
The operator
shall keep written records of the origin of all solid waste and of
the type of any waste accepted other than municipal waste.
JJ.
Under the
authority of State Act 101 of 1988, the Borough Council may appoint
one or more landfill inspectors. Such inspector shall have authority
to visit the site, to monitor operations and the review records regarding
the origin and types of waste.
KK.
See Act 101
of 1988, which provides municipalities the authority to charge host
fees.
LL.
The Borough
Council may establish certain minimum insurance requirements for the
applicant as a condition of Borough approval. Such insurance shall
at a minimum include a ten-million-dollar liability policy regarding
environmental hazards.
50.
Townhouses.
A.
The minimum
lot area required shall be 8,500 square feet.
B.
The maximum
dwelling unit density shall be the maximum density permitted in the
zoning district.
C.
The maximum
number of dwelling units permitted in any townhouse building shall
be eight. The maximum length of any townhouse building shall be 240
feet.
D.
The minimum
lot width required shall be 40 feet.
E.
The minimum
front yards required shall be 20 feet; the minimum rear yard required
shall be 25 feet; the minimum side yard required shall be 10 feet.
F.
Where more
than one building is proposed on the same lot, the minimum distance
between buildings shall be 20 feet.
51.
Transitional
dwelling: see personal care, boarding home, group care facilities
or transitional dwelling in this section.
52.
Transportation
facility.
A.
Such facilities,
other than water transportation facilities, shall be located on collector
streets or on arterial streets where side pull-ups are provided.
B.
Such facilities
shall be located so as not to obstruct pedestrian and vehicular ingress
and egress and, where possible, side pull-offs shall be provided.
C.
Passenger shelters
may be constructed in the required front yard or in the public right-of-way,
with the approval of the owner of the right-of-way.
53.
Transportation
facility, bus shelter or taxi stand.
A.
Such facilities
shall be located on arterial or collector streets, as defined by this
chapter.
B.
Any facility
located within a public street right-of-way shall require evidence
of approval from the owner of the right-of-way.
C.
Such facilities
shall be located so as to not obstruct the free flow of pedestrian
or vehicular traffic and, where possible, side pull-offs shall be
provided.
D.
Passenger shelters
may be constructed in the required front yard or in the public right-of-way
with approval from the owner of the right-of-way.
54.
Under-21 dance
club
A.
The public
sidewalk and adjacent rights-of-way shall not be used for loitering.
C.
There is one
security guard for every 100 patrons, based on maximum capacity.
E.
All waiting
lines for entry shall be contained within the building, and there
must be a minimum of 200 square feet of waiting space provided within
the building.
F.
Maximum occupancy
shall be in accordance with the local building code.
G.
A certificate
of occupancy for an under-21 club shall be issued by the Zoning Officer.
55.
Medical marijuana dispensary.
[Added 7-13-2017 by Ord.
No. 2017-05]
A.
A medical marijuana dispensary
shall provide proof that it holds a permit to dispense medical marijuana,
issued by the Department of Health, or proof that a permit to dispense
medical marijuana has been applied for and is pending approval, and
shall at all times maintain a valid, accurate, and up-to-date permit
as well as valid registration with the Department of Health, for each
of its physicians required to be registered under § 401
of the Medical Marijuana Act. Should the aforementioned permit or
physician registration required by the Medical Marijuana Act in order
to qualify as a legally operating medical marijuana dispensary be
denied or revoked at any time, any Borough approval shall immediately
become void.
B.
A medical marijuana dispensary
shall at all times operate in compliance with the Medical Marijuana
Act, all Department of Health regulations pertaining to such facilities
and the Code.
C.
A dispensary may only dispense
medical marijuana to patients meeting the requirements for patient
certification under the Medical Marijuana Act in an indoor, enclosed,
secure facility located within this Borough, as approved by the Department
of Health. No exterior sales, no outdoor seating, no outdoor waiting
lines, and no drive-through services are permitted.
D.
A dispensary may not operate
on the same site as a medical marijuana grower/processor.
E.
A dispensary may not be located
within 1,000 feet of the property line of a public, private or parochial
school or a day-care center unless this requirement is waived by the
Department of Health.
F.
Parking shall include six off-street
parking spaces per physician or pharmacist working on the site plus
one additional parking space for each employee.
56.
Medical marijuana grower/processor.
[Added 7-13-2017 by Ord.
No. 2017-05]
A.
A medical marijuana grower/processor
shall provide proof that it holds a permit issued by the Department
of Health or proof that a permit has been applied for and is pending
approval, and shall at all times maintain a valid, accurate, and up-to-date
permit issued by the Department of Health. Should the permit be denied
or revoked at any time, any Borough approval shall immediately become
void.
B.
A medical marijuana grower/processor
shall at all times operate in compliance with the Medical Marijuana
Act, all Department of Health regulations pertaining to such facilities
and the Code.
C.
A medical marijuana grower/processor
shall only grow, store, harvest or process medical marijuana in an
indoor, enclosed, secure facility, which includes electronic locking
systems, electronic surveillance and other features required by the
Department of Health. It shall not grow, store, harvest or process
medical marijuana in a trailer, cargo container, mobile or modular
unit, mobile home, recreational vehicle or other motor vehicle.
D.
A medical marijuana grower/processor
shall provide only wholesale products to medical marijuana dispensaries.
Retail sales and dispensing of medical marijuana and related products
is specifically prohibited at the medical marijuana grower/processor.
E.
A medical marijuana grower/processor
shall meet the setback, parking, landscaping, coverage, and building
height requirements of the applicable zoning district to determine
the building envelope and maximum allowable floor area.
F.
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.
G.
A medical marijuana grower/processor
may not be located within 1,000 feet of the property line of a public,
private or parochial school or a day-care center unless this requirement
is waived by the Department of Health.
H.
Parking shall include three
off-street parking spaces for every four employees on the largest
shift, plus one space for each company vehicle normally stored on
the premises.
1.
Permit and maintenance
requirements. A zoning certificate must be obtained from the Borough
Zoning Officer for any new, expanded or altered accessory use or structure.
The owner is responsible for maintaining the accessory use/structure
in a safe condition in accordance with all applicable regulations.
If the Zoning Officer finds that an accessory structure is not being
used for its intended purpose or not being maintained, the Zoning
Officer shall give written notice to the owner, in accordance with § 27-1401.3,
to repair or remove it.
2.
Use limitations.
A.
All accessory
structures and uses shall comply with the use limitations applicable
in the zoning district in which they are located.
B.
No accessory
structure shall be used for dwelling purposes.
C.
No accessory
structure shall be constructed and occupied on any lot prior to the
time of the completion of the construction of the principal structure
to which it is accessory.
D.
E.
No accessory
structure shall exceed 15 feet in height unless another height is
specified by this chapter.
3.
Location of accessory
uses. Unless otherwise stipulated by this chapter, the following standards
shall apply.
A.
Residential
districts.
(1)
Front yard
accessory uses. With the exception of permitted signs and fences,
accessory uses shall not be located in the required front yard of
any zoning lot.
B.
Commercial districts.
(1)
Front yard.
In addition to permitted signs and fences, off-street parking (but
not loading) areas are permitted in a required front yard. The parking
area in a C-3 District shall maintain a minimum three-foot landscaped
setback from the street right-of-way or sidewalk line.
(2)
Side and
rear yards. Accessory uses are permitted, in side or rear yards; however,
if the yard abuts an R-1, R-2 or R-3 District, the accessory use shall
maintain a minimum three-foot setback, screened in accordance with
this chapter (See fencing, screening and retaining walls in this section.)
C.
Waterfront Development
District. The location of accessory uses/structures shall be in accordance
with the provisions of the district regulations in Part 16.
D.
All zoning districts.
(1)
No part
of any accessory structure shall be located closer than 10 feet to
any principal structure unless it is attached to or forms a part of
such principal structure. No accessory structure shall be located
closer than three feet to another accessory structure on an abutting
property.
(2)
Accessory
structures and uses shall otherwise comply with the bulk regulations
applicable in the district in which they are located.
4.
Special standards.
Each accessory use shall comply with all of the following standards
listed for that use:
A.
Antenna, radio,
television antennas or satellite dish antennas are permissible accessory
structures in any residential zoning district or to any residential
use, subject to the following:
(1)
Such structures
may be mounted on a roof or installed in a rear yard area only, provided
that no ground level structure, including guide wires, shall be located
within 10 feet of any property line.
(2)
The maximum
height for a structure shall not exceed 15 feet or the otherwise allowable
height in the underlying zoning district. If mounted on a roof, any
antenna exceeding 8 feet in height shall be mounted with guide wires.
(3)
Any such
structure shall comply with applicable federal regulations.
(4)
All antennas
mounted on the ground shall be screened from view by evergreen trees
or other suitable materials, as approved by the Borough.
(5)
Ground-mounted
satellite dish antenna shall be installed in the rear yard only, provided
that no such antenna shall be located within 15 feet of any property
line. On corner lots, such antenna shall be located in the larger
side yard, provided that no such antenna shall be located within 15
feet of any property line.
(6)
The maximum
height of ground-mounted satellite dish antennas shall not exceed
10 feet. The maximum diameter of satellite dish antennas shall not
exceed 10 feet.
B.
Canopies and
similar structures. In the C-3 and WDD Districts, canopies and similar
permanent freestanding roofed structures without walls shall be permitted
to cover outdoor storage, display and/or sales areas, fuel dispensing
areas, automated teller machines (ATMs) or similar accessory uses
when authorized in the district, provided that:
(1)
Such structure
shall not be attached to the principal building or structure.
(2)
Such structure
shall be located at least 10 feet from any property line or street
right-of-way.
(3)
Such structure
shall not be enclosed.
(4)
Such structure
shall be removed immediately once the principal use or the use of
the accessory structure is discontinued.
C.
Day-care center
as accessory use to a residential use.
(1)
The following
shall be the maximum number of children under age 15 that may be cared
for in any dwelling unit, in addition to children who are not related
(see definition in Part 2) to a permanent resident of the dwelling:
(2)
The dwelling
shall retain a residential appearance with no change to the exterior
of the dwelling to accommodate the use, other than cosmetic and any
needed safety improvements.
(3)
Any day-care center involving seven or more children shall be considered a principal use and meet the standards of § 27-502 for such use, if permitted.
(4)
The use
shall be actively operated by a permanent resident of the dwelling.
(5)
The building
shall have smoke detectors and at least one A-B-C fire extinguisher.
(6)
A minimum
of 200 square feet of safe exterior play area shall be available,
which preferably should be fenced.
D.
Fencing, screening,
and retaining walls. Unless otherwise stipulated, the following standards
shall apply.
(1)
Permit
and maintenance requirements. A zoning certificate must be obtained
from the Zoning Officer for the erection of any fence, wall or screen.
The property owner shall be responsible for the continuing maintenance
of any fence, wall or screen. If a fence, wall or screen is not maintained
in a safe condition and in accordance with Borough regulations, the
Zoning Officer shall give written notice to the owner, in accordance
with § 27-1401.3 to repair, replace or remove it.
(2)
Placement;
materials; height.
(a)
Fences,
walls, hedges or other planted screens may be erected in any yard
subject to the following height restrictions:
1)
Located
in a front yard in any R District: four feet maximum.
2)
Located
in a side yard in any R District: six feet maximum.
3)
Located
in a rear yard in any R District: six feet maximum, except that there
shall be no maximum applied to hedges or planted screens (e.g., trees)
located along the rear property line.
4)
Located
in any side or rear yard in any C Commercial District: eight feet
maximum.
5)
Located
in any side or rear yard in a WDD District: 12 feet maximum.
(b)
Fences,
screens or walls up to 10 feet in height may be erected in any yard
of a public school, public recreational facility or public building,
provided that they are constructed of a chain link material and approved
by the Borough.
(c)
A retaining
wall may be erected along any property line or in any yard where it
is required to prevent a landslide or other hazardous conditions.
(d)
A fence
or screen shall not be erected in a public or dedicated right-of-way.
(e)
Fences
located along a property boundary shall be set back at least six inches
from the property line.
(3)
General
requirements.
(a)
Authorized fences and screens, whether publicly or privately owned, shall not obstruct the clear sight distances at street intersections; a clear sight triangle, in accordance with Part 16, shall be maintained.
(b)
Fences
shall not contain barbs or similar types of injurious materials unless
specifically approved by the Borough for security reasons.
(c)
The
finished side of the fence or wall shall always face the abutting
properties or street.
(4)
Screening
for commercial or other nonresidential uses. Wherever this chapter
requires screening of a commercial or other nonresidential use, or
portion thereof, the following standards shall apply:
(a)
Buffer yards shall be provided in accordance with the requirements of § 27-1102 of this chapter.
(b)
Screening of off-street parking and loading areas shall be in accordance with § 27-1003 of this chapter.
(c)
Water
towers, storage tanks, processing equipment, fans, cooling towers,
vents and any other structures or equipment that rise above the roofline,
other than a radio, television or satellite dish antenna, shall be
effectively shielded from view of any public or private street by
an architecturally sound method, as approved by the Borough.
F.
Home gardening,
nurseries and greenhouses. Home gardening and accessory structures,
used for nurseries or as greenhouses, are permitted in residential
areas, provided they are used by the residents for noncommercial purposes
and provided further that they shall not include the outdoor storage
of equipment and supplies.
G.
Home occupation.
(1)
Home occupations
shall be conducted by the resident(s) of a dwelling unit. The dwelling
shall be the primary residence of the applicant for a home occupation.
Home occupations shall not employ more than one nonresident employee.
(2)
No more
than 25% of the gross floor area of the principal dwelling and any
accessory structures shall be devoted to the conduct of the home occupation.
(3)
Exterior displays or signs, other than those permitted in Part 9 of this chapter or required by federal, state or county laws, exterior storage of material and exterior indications of the home occupation or variation from the residential character of the principal structure shall not be permitted.
(4)
Uses that
shall not be permitted as home occupations and shall be restricted
to the districts in which they are specifically authorized as permitted
uses, or conditional uses, include, but are not limited to the following:
(a)
Medical
or dental clinics, hospitals or nursing homes.
(b)
Mortuaries,
funeral director, undertaker or crematory.
(c)
Vehicle,
boat or equipment repair or sales.
(d)
Furniture
sales.
(e)
Heating,
plumbing or air-conditioning services.
(f)
Glazier
or painter's shop
(g)
Laboratory
or taxidermy shop.
(5)
The following
is a nonexhaustive list of uses that may be conducted as home occupations
within the limits established in this section. All home occupations
require the authorization of the Borough through the issuance of a
home occupation permit.
(a)
Art,
handicraft, music, writing, photography or similar studios.
(b)
Direct
sales product distribution, (Amway, Avon, Tupperware, etc.).
(c)
Dressmaker,
seamstress or tailor.
(d)
Home
typing or computer services.
(e)
Hair
cutting and styling, (limited to two chairs maximum).
(f)
Mail-order
sales.
(g)
Offices
of accountant, architect, engineer, surveyor, land planner, lawyer,
income tax preparer, minister, rabbi, member of religious order, psychotherapist,
counselor, personal consultant, tradesman or similar professional.
(h)
Telephone
sales and order-taking.
(i)
Tutor
(limited to no more than three students at one time).
(j)
Therapeutic
massage service provided by a licensed practitioner
H.
Home occupation,
no-impact, see definition in Part 2.
(1)
The business
activity shall be compatible with the residential use of the property
and the 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 that creates noise,
vibration, 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.
I.
Outdoor storage
and display: commercial or industrial as a principal or accessory
use.
(1)
Location. Outdoor storage or display shall not occupy any part of any of the following: the existing street right-of-way, sidewalk or other area intended or designed for pedestrian use, required parking area or required setback (see Part 10 of this chapter).
(2)
No storage
or display shall occur on areas with a slope in excess of 25% or within
the one-hundred-year floodway.
(4)
Tires.
If more than 250 tires are stored on a lot, each stack shall be a
maximum of 20 feet high and cover a maximum of 400 square feet. Each
stack shall be separated from other stacks by a minimum of 75 feet.
J.
Pets, keeping
of.
(1)
This use
shall not include a use meeting the definition of a kennel.
(2)
No use
shall involve the keeping of animals or fowl in such a manner or of
such types of animals that it creates a serious nuisance (including
noise or odor), a health hazard or a public safety hazard. The owner
of the animals shall be responsible for collecting and properly disposing
of all fecal matter from pets. No dangerous animals shall be kept
outdoors in a residential district except within a secure, completely
enclosed cage or fenced area of sufficient height or on a leash under
full control of the owner.
(3)
For carrier
pigeons, see the State Carrier Pigeon Law.
(4)
The noncommercial
keeping of horses is permitted on a lot of two acres or more. Any
horse barn, corral, fenced-in area or stable shall be a minimum of
50 feet from any abutting lot line (other than a street right-of-way)
and 150 feet from any existing dwelling other than that of the owner
of the horses. Any commercial keeping of horses shall be considered
a "stable" or a "farm-related business."
(5)
Proper
soil erosion control measures shall be used as needed.
K.
Sidewalk cafe
(1)
The public
sidewalk shall be used for tables and chairs only, for use by customers;
service equipment shall not be placed on the public sidewalk.
(2)
The use
shall be permitted, provided that such use is accessory to an existing
functioning restaurant that directly abuts the sidewalk or right-of-way
to be utilized and is within the same frontage as the restaurant with
which it is to be associated.
(3)
The portion
of the sidewalk or right-of-way to be used shall be no greater than
1/2 of the space measured between the outside face of the curb and
the property line. An unobstructed pedestrian passageway (i.e., one
free of any poles, barriers, trees, hydrants, receptacles, planters,
newspaper boxes, etc.) of no less than five feet shall be provided
between the curb and the cafe area.
(4)
The sidewalk
cafe area shall be separated from the designated pedestrian passageway
by a removable barrier surrounding the perimeter. The height of the
barrier shall be approximately three feet, and it must be removed
when the cafe is closed. The barrier shall be freestanding and interconnecting
and shall be made of metal, wood or plastic.
(5)
No obstruction
shall be placed within 18 inches of the face of any curb or within
five feet of any fire exit, fire hydrant or building corner.
(6)
The permitted
hours of operation for a sidewalk cafe shall be 8:00 a.m. to 11:00
p.m.
(7)
Tables
and chairs shall be placed against the building.
(8)
It shall
be determined that the proposed cafe service will in no way endanger
the health, safety or welfare of the public or be detrimental to surrounding
property values.
(9)
A certificate
of occupancy for a sidewalk cafe shall be issued by the Zoning Officer.
L.
Swimming pools.
(1)
Placement.
As an accessory structure, a pool and accessory deck area shall be
erected only in a rear yard, provided that it is no closer than five
feet to any lot line. On corner lots, a pool and accessory deck area
shall be erected only in the larger side yard, provided that it is
no closer than five feet to any lot line.
(2)
Fencing.
(a)
In-ground pools, in all zoning districts, shall be enclosed by a fence, constituting a barrier to small children, at least six feet in height and equipped with a gate and lock. Fencing for a pool shall comply with the applicable requirements of § 27-503 of this chapter (see fencing, screening and retaining walls).
(b)
Aboveground pools, in all zoning districts, having vertical walls four feet or more above ground level and removable steps shall not be required to be fenced, provided that the owner shall remove the steps when the pool is not in use to prevent access by small children. All aboveground pools without removable steps shall be fenced in accordance with Subsection 4L(1) above.
