[Amended 10-27-2009 by Ord. No. 2009-7; 11-24-2009 by Ord. No.
2009-9; 5-10-2022 by Ord. No. 2022-02; 5-23-2023 by Ord. No. 2023-03; 6-25-2024 by Ord. No. 2024-04; 2-11-2025 by Ord. No. 2025-01]
A. Each of the following uses shall meet all of the following
requirements for that use:
(1) Adult use. (This is limited to the following: adult
bookstore, adult movie theater, massage parlor or adult live entertainment
use).
(a)
Purposes. The regulations on adult uses are
intended to serve the following purposes, in addition to the overall
objectives of this chapter:
[1]
To recognize the adverse secondary impacts of
adult uses that affect health, safety and general welfare concerns
of the Municipality. These secondary impacts have been documented
in research conducted across the nation. These secondary impacts typically
include but are not limited to increases in criminal activity, increases
in activities that increase the risk of transmission of sexually transmitted
diseases, increases in activities that increase the risk of transmission
of other communicable diseases, increases in blight, decreases in
the stability of residential neighborhoods, decreases in property
values for surrounding homes, and decreases in the marketability of
nearby commercial business space. The research conducted across the
nation concludes that adult uses typically involve insufficient self-regulation
to control these secondary effects.
[2]
To limit adult uses to locations where these
secondary impacts can be minimized, particularly as they affect residential
neighborhoods and downtown revitalization.
[3]
To not attempt to suppress any activities protected
by the "free speech" protections of the United States Constitution,
but instead to control secondary effects.
(b)
No portion of a building occupied by an adult
use shall be located within any of the following distances:
[1]
Two hundred fifty linear feet of any residential
zoning district boundary or any public park.
[2]
One hundred linear feet of the lot line of any
existing primarily residential use.
[3]
One thousand linear feet from the lot line of
any existing primary or secondary school, place of worship, day-care
center or child nursery.
(c)
No such use shall be located within 1,000 linear
feet of any existing adult use.
(d)
A fifty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with §
380-57, but with plantings of an initial minimum height of six feet.
(e)
No pornographic material, displays or words
shall be placed in view of persons who are not inside of the establishment.
Definite precautions shall be made to prohibit minors from entering
the premises.
(f)
No such use shall be used for any purpose that
violates any federal, state or municipal law.
(h)
The use shall not include the sale or display
of obscene materials, as defined by state law, as may be amended by
applicable court decisions.
(i)
Adult uses shall be prohibited in all districts except where specifically permitted by Article
III.
(j)
A minimum lot area of 10,000 square feet is
required.
(k)
For public health reasons, private or semiprivate
viewing booths of any kind are prohibited. This specifically includes
but is not limited to booths for viewing adult movies or nude dancers.
(l)
No use may include live actual or simulated
sex acts nor any sexual contact between entertainers nor between entertainers
and customers. This shall specifically prohibit but not be limited
to entertainers dancing on the laps of customers.
(m)
Only lawful massages, as defined by state court
decisions, shall be performed in a massage parlor.
(n)
All persons within any adult use shall wear
nontransparent garments that cover their genitals and the female areola,
except for entertainers within a permitted lawful adult live entertainment
use.
(o)
Any application for such use shall state the
names and home addresses of all individuals intended to have more
than a five-percent ownership in such use or in a corporation owning
such use and an on-site manager responsible to ensure compliance with
this chapter on a daily basis. Such information shall be updated at
the beginning of each year in writing to the Zoning Officer.
(p)
The use shall not operate between the hours
of 12:00 midnight and 7:00 a.m.
(q)
As specific conditions of approval under this
chapter, the applicant shall prove compliance with the following state
laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990 (which
pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00
a.m.), Act 207 of 1990 (which pertains to obscenity), and Act 120 of 1996 (which pertains to adult-oriented
establishments and which limits enclosed viewing booths, among other
matters).
(r)
The use shall also comply with the Borough's
separate Sexually Oriented Business Ordinance.
(2) Adult day-care center.
(a)
Shall be fully licensed by the state, if required
by the state.
(b)
Shall include constant supervision during all
hours of operation.
(c)
Shall not meet the definition of a "treatment
center."
(3) After-hours club. As a condition of any approval under
this chapter, the applicant shall prove full compliance with State
Act 219 of 1990, as amended (Section 7327 of Title 18 of the Pennsylvania
Statutes).
(4) Assisted-living facility/personal-care center. The
same standards shall apply as are listed for nursing homes in this
section.
(5) Auto, boat or mobile/manufactured home sales.
(a)
No vehicle, boat or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area. See buffer yard provisions in §
380-57.
(b)
See light and glare standards in §
380-42.
(c)
See parking requirements in Article
VI.
(d)
Any mobile/manufactured homes on a sales site
shall meet the required principal building setbacks from the perimeter
lot lines.
(6) Auto repair garage.
(a)
All paint work shall be performed within a building,
with a fume collection and ventilation system that directs fumes away
from any adjacent dwellings. Outdoor major repairs (such as body work
and grinding) and outdoor welding shall not occur within 250 feet
of a residential lot line.
(b)
All reasonable efforts shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots. See standards in Article
V. See buffer yard requirements in §
380-57.
(c)
Outdoor storage of motor vehicles shall not
be within any required buffer yard or street right-of-way.
(d)
Overnight outdoor storage of junk, other than
permitted junk vehicles, shall be prohibited within view of a public
street or a dwelling.
(e)
Any junk vehicle (as defined by Article
II) shall not be stored for more than 20 days within view of a public street or a dwelling. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.
(f)
Service bay doors shall not face directly towards
an abutting dwelling (not including a dwelling separated from the
garage by a street) if another reasonable alternative exits.
(7) Auto service station.
(a)
See definition of this term and "auto repair garage" in Article
II. The uses may be combined, if the requirements for each are met.
(b)
All activities except those to be performed
at the fuel or air pumps shall be performed within a building. The
use shall not include spray-painting.
(c)
Fuel pumps shall be at least 25 feet from the
existing street right-of-way and shall meet side yard principal building
setback requirements.
(d)
Overnight outdoor storage of junk shall be prohibited
within view of a public street or dwelling. Any junk vehicle stored
outside overnight shall be screened from view of adjacent dwellings.
(e)
Any junk vehicle (as defined by Article
II) shall not be stored more than 20 days within view of a public street or a dwelling. No junk vehicles shall be stored within 20 feet of an existing street right-of-way. No more than six junk vehicles shall be stored on the lot outside of an enclosed building at any point in time.
(f)
The use may include a convenience store if the
requirements for such use are also met.
(g)
See light and glare control in Article
V.
(h)
See canopy height and lighting provisions in §
380-42.
(8) Bed-and-breakfast inn.
(a)
Within a residential district (where permitted under Article
III), a maximum of five rental units shall be provided, and no more than three adults may occupy one rental unit. No maximums shall apply within other permitted districts.
(b)
One off-street parking space shall be provided
for each rental unit. The off-street parking spaces for the bed-and-breakfast
inn shall be located either to the rear of the principal building
or screened from the street and abutting dwellings by landscaping.
(c)
There shall not be any signs, show windows or
any type of display or advertising visible from outside the premises,
except for a single sign with a maximum sign area of six square feet
on each of two sides and with a maximum height of eight feet. Such
sign shall only be illuminated externally and shall use incandescent
light or light of similar effect.
(d)
The use shall have a residential appearance
and character.
(e)
The use shall be operated and/or managed by
permanent residents of the lot.
(f)
There shall not be separate cooking facilities
in any guest room. Food shall only be served to guests who are staying
overnight, unless a restaurant is also permitted.
(g)
No guest shall stay for more than 14 days in
any month.
(h)
The use shall be restricted to buildings that
existed prior to January 1, 1940.
(9) Boardinghouse (includes rooming house).
(a)
Minimum lot area: 20,000 square feet.
(b)
Minimum side yard building setback: 20 feet
per side.
(c)
Minimum lot width: 100 feet.
(d)
Maximum density: 5,000 square feet of lot area
per bedroom; shall serve a maximum total of 20 persons.
(e)
Each bedroom shall be limited to two adults
each.
(f)
A buffer yard with screening meeting §
380-57 shall be provided between any boardinghouse building and any abutting dwelling.
(g)
See also standards for assisted-living facility,
which is a separate use.
(h)
Signs shall be limited to two wall signs with
a maximum of two square feet each.
(i)
Rooms shall be rented for a minimum period of
five consecutive days.
(10)
Campground.
(a)
For each acre of total lot area, there shall
be a maximum average of three recreational vehicle sites, four tent
sites, or cabin sleeping capacity for eight persons. Such sites may
be clustered in portions of the tract.
(b)
Any store shall be limited to sales of common
household and camping items to persons camping on the site.
(c)
A commercial campground shall include at least
one gravel or paved entrance road from a public street, with a minimum
width of 20 feet.
(d)
Minimum lot area: two acres.
(e)
All campsites, recreational vehicle sites, buildings
and vehicle parking shall be set back a minimum of 150 feet from all
residential lot lines. Any existing healthy trees within such setback
shall be preserved, except at needed at perpendicular crossings.
(11)
Car wash.
(a)
Traffic flow and ingress-egress shall not cause
traffic hazards on adjacent streets. On-lot traffic circulation channels
and parking areas shall be clearly marked.
(b)
Adequate provisions shall be made for the proper
and convenient disposal of refuse. The applicant shall provide evidence
that adequate measures will be in place to prevent pollutants from
being washed into the groundwater or waterways. Any chemicals that
may be hazardous to aquatic life shall be stored within an area that
will completely contain any leaks or spills.
(c)
Water from the car wash operation shall not
flow onto sidewalks or streets in such a manner as could cause ice
hazards.
(d)
Any car wash that is located within 250 feet
of an existing dwelling shall not operate between the hours of 10:00
p.m. and 7:00 a.m.
(12)
College/university/school outdoor athletic uses.
If a facility is within an R1, R2 or R3 District, the applicant shall
prove to satisfaction of the Zoning Hearing Board that the lighting
will be located, engineered and directed to minimize nuisances for
nearby residents. The Zoning Hearing Board may also place reasonable
limits upon the hours of operation.
(13)
Commercial communications antennas as principal
or accessory use.
(a)
An accessory commercial communications antenna
that does not involve a new tower shall be allowed in any district
if it meets the following requirements:
[1]
In a district other than a commercial or industrial
district, the antenna shall extend a maximum of 20 feet beyond the
existing structure to which it is attached. The antenna shall be attached
to one of the following existing lawful structures:
[a] A principal agricultural building
or silo;
[b] An electric high-voltage transmission
tower;
[c] An existing lawful commercial communications
tower;
[d] A fire station or steeple or bell
tower of a place of worship; or
[2]
In a commercial or industrial district, the
antennas shall extend a maximum of 40 feet beyond an existing building
or structure (other than a dwelling), provided that the antenna is
set back a distance equal to its total height above the ground from
any lot line of a dwelling on another lot.
(b)
Any commercial communications antenna/tower that does not meet Subsection
A(13)(a) above shall only be allowed where specifically authorized in §
380-27 and in compliance with the following additional regulations:
[1]
A new tower, other than a tower on a lot of
an emergency services station, shall be set back the following distances,
whichever is greater:
[a] A distance from the lot line of
a lot occupied by an existing dwelling (or that is approved for a
new dwelling) that is greater than the total height of the antenna/tower
above the surrounding ground level;
[b] The applicable principal building
setback; or
[c] A minimum distance of 100 feet
plus the total height of the tower above the surrounding ground level
from a primarily residential building on another lot.
[2]
A tower attached to the ground shall be surrounded
by a security fence/gate with a minimum height of eight feet and evergreen
plantings or preserved vegetation with an initial minimum height of
four feet.
[3]
The applicant shall provide a written statement
sealed by a professional engineer stating that the communications
antenna/tower will meet the structural and wind-resistance requirements
of the latest published version of the Borough Building Code.
[4]
The applicant shall describe, in writing, the
policies that will be used to offer space on a tower to other communications
providers, which shall serve to minimize the total number of towers
necessary in the region.
[5]
An applicant for a new commercial communications
tower shall provide evidence to the Zoning Hearing Board that it has
investigated co-locating its facilities on an existing tower and other
tall structures and has found such alternative to be unworkable. The
reasons shall be provided. At an absolute minimum, placement upon
existing or approved towers within a one-mile radius shall be considered,
in addition to other reasonable opportunities.
[6]
A maximum total height of 200 feet above the
ground shall apply in a commercial and industrial district, and 150
feet in any other district where a tower may be allowed, unless the
applicant proves to the Zoning Hearing Board that a taller height
is absolutely necessary and unavoidable.
[7]
The Zoning Hearing Board may require lighting
of an antenna even if it will not be required by the Federal Aviation
Administration. Such lighting is intended to provide protection for
emergency medical helicopters.
[8]
A new tower shall be designed in a manner that
minimizes its visual intrusiveness and environmental impacts to the
maximum extent feasible. For example, monopole designs are preferred
over lattice designs. Self-supporting towers are preferred over towers
with guy wires that would require removal of larger numbers of trees.
(c)
Purposes. These provisions for commercial communications
antenna/towers are primarily designed to serve the following purposes,
in addition to the overall objectives of this chapter:
[1]
To protect property values.
[2]
To minimize the visual impact of antenna/towers,
particularly considering the importance of the scenic beauty of the
area in attracting visitors for outdoor recreation.
[3]
To minimize the number and heights of towers
in a manner that still provides for adequate telecommunications services
and competition.
(d)
A tower/antenna that primarily serves emergency communications by a Borough-recognized police, fire or ambulance association, and is on the same lot as an emergency services station, shall be permitted by right. Such tower shall not be required to meet the regulations of §
380-34A(13)(b).
(e)
Any antenna and tower that is no longer in active
use shall be completely removed within six months after the discontinuance
of use. The operator shall notify the Zoning Officer, in writing,
after the antenna or tower use is no longer in active use. Any lease
shall require such removal by the owner of the antenna/tower. Any
lease should provide that the lease shall expire once the antenna/tower
is removed.
(f)
All utility buildings serving a tower shall
have a maximum height of 12 feet. Where a utility building is adjacent
to a residential lot(s), it shall meet principal building setbacks
along those lot lines.
(14)
Conversion of an existing building (including
an existing dwelling) into dwelling units.
(a)
See Article
III, which regulates where conversions are permitted. Applicable state firesafety requirements shall be met.
(b)
The following regulations shall apply to the
conversion of an existing one-family dwelling into a greater number
of dwelling units:
[1]
The building shall maintain the appearance of
a one-family dwelling with a single front entrance. Additional entrances
may be placed on the side or rear of the structure. The dwelling units
may internally share the single front entrance.
[2]
The conversion shall not be permitted if it
would require the placement of an exterior stairway on the front of
the building or would require the placement of more than three off-street
parking spaces in the required front yard.
(c)
A previously residential building shall maintain
a clearly residential appearance, except as may be necessary for restoration
of an historic building.
(e)
A maximum total of four dwelling units may be
developed per lot, unless a more-restrictive provision is established
by another section of this chapter.
(f)
Each unit shall meet the definition of a “dwelling unit” and shall meet the minimum floor area requirements of §
380-55C.
(15)
Day-care center, child.
(a)
See also "day-care: family day-care home or group day-care" as an accessory use in §
380-35.
(b)
The use shall comply with any applicable state
and federal regulations, including having an appropriate State Department
of Public Welfare (or its successor agency) registration certificate
or license.
(c)
Convenient parking spaces within the requirements of Article
VI shall be provided for persons delivering and waiting for children.
(d)
In residential districts, where permitted as
a principal use, a day-care use shall have a minimum lot area of 6,000
square feet and a minimum setback of 10 feet from an abutting residential
lot line.
(e)
The use shall include secure fencing around
outdoor play areas.
(f)
Outdoor play areas of a day-care center involving
the care of 25 or more children at any one time shall be set back
a minimum of 25 feet from the exterior walls of an abutting existing
dwelling.
(g)
This use shall not be conducted in a dwelling
that is physically attached to another dwelling that does not have
a common owner.
(h)
In residential districts, any permitted day-care
use shall maintain an exterior appearance that resembles and is compatible
with any existing dwellings in the neighborhood.
(i)
A day-care use may occur in a building that
also includes permitted or nonconforming dwelling units.
(j)
See also the standards for a place of worship,
which allows a day-care center as an adjunct use.
(16)
Forestry.
(a)
A forestry management plan shall be prepared
and followed for any commercial forestry involving more than 20,000
square feet of land area, other than routine thinning of woods. This
plan shall be prepared by a professional forester.
(b)
The forestry management plan shall be consistent
with the Timber Harvesting Guidelines of the Pennsylvania Forestry
Association.
(17)
Group homes. Group homes are permitted within
a lawful dwelling unit, provided that the following additional requirements
are met:
(b)
A group home shall not include any use meeting
the definition of a “treatment center.”
(c)
A group home shall include the housing of a
maximum of six unrelated persons, except:
[1]
If a more-restrictive requirement is established
by another Borough code, such as a housing code;
[2]
The number of bona fide paid professional staff
shall not count towards such maximum; and
[3]
As may otherwise be approved by the Zoning Hearing Board under §
380-12D.
(d)
The applicant shall provide a written statement
describing how the facility will have adequate trained staff supervision
for the number and type of residents. The Zoning Officer may require
twenty-four-hour on-site staffing if necessary for the number and
type of residents.
(e)
The applicant shall provide evidence of any
applicable federal, state or county licensing or certification to
the Zoning Officer. If such licensing or certification is changed,
suspended or revoked, the operator shall provide written notice to
the Zoning Officer within seven days.
(f)
The group home shall register, in writing, its
location, general type of treatment/care, maximum number of residents
and sponsoring agency with the Zoning Officer. If there are any changes
in such matters, the operator shall provide written notice to the
Zoning Officer within seven days. The Zoning Officer may require a
new approval if there are significant changes in the nature of the
group home.
(g)
Any on-site medical or counseling services shall
be limited to a maximum of three nonresidents per day. Any on-site
staff meetings shall be limited to a maximum of five persons at one
time.
(h)
A minimum of one off-street parking space shall
be provided per on-site employee, plus one space for every two residents
of a type reasonably expected to be able to drive a vehicle.
(i)
If a group home is in a residential district,
an appearance shall be maintained that is closely similar to nearby
dwellings, and no sign shall identify the use.
(j)
The persons living on site shall function as
a common household unit.
(18)
Hotel or motel.
(a)
See definitions in Article
II, which distinguish a hotel/motel from a boardinghouse.
(b)
New buildings shall be a minimum of 50 feet
from any residential lot line.
(19)
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 enclosed (except at approved driveway entrances) by a forty-foot-wide buffer yard which complies with §
380-57, 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 chain-link or similar fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
(e)
Burning or incineration is prohibited.
(f)
See the noise or dust regulations of Article
V.
(g)
All gasoline, antifreeze and oil shall be drained
from all vehicles and properly disposed of. All batteries shall be
removed from vehicles and stored in a suitable area on an impervious
and properly drained surface.
(h)
Lot area: one acre minimum; 10 acres maximum.
(i)
Tires: See the outdoor storage and display standards in §
380-35.
(20)
Kennel.
(a)
Minimum lot area: three acres.
(b)
All buildings in which animals are housed and
all runs shall be located at least 200 feet from all residential lot
lines.
(c)
Buildings shall be adequately soundproofed so
that sounds generated within the buildings cannot routinely be heard
within any principal building on another lot.
(d)
No animal shall be permitted to use outdoor
runs from 8:00 p.m. to 8:00 a.m. that are within 250 feet of an existing
dwelling. Runs for dogs shall be separated from each other by visual
barriers a minimum of four feet in height, to minimize dog barking.
(e)
Structures in which animals are kept shall provide
adequate shelter from the elements, including being heated during
cold weather.
(f)
All animal wastes shall be removed and properly
disposed of at least once a day.
(g)
The operator of the kennel shall exercise all
necessary control over the animals and shall not allow a nuisance
condition to exist in terms of excessive noise, odor or health hazards.
(h)
The kennel shall be operated in full compliance
with the Federal Animal Welfare Act and applicable state kennel regulations.
The kennel shall be open to regular inspection by the Zoning Officer
and any designated Health Inspector.
(20.1) Live-work unit.
(a) A live-work unit is one building space that is used both for residential
and for business space, such as for an office or an artist's studio.
The business use shall be a use that is listed as permitted by right
in the zoning district. The unit shall be treated as a dwelling unit,
except: (1) a sign shall be allowed meeting the requirements for the
RP District; and (2) minimum parking requirements shall also apply
for the portion of the space that is used for business purposes if
there are nonresident employees or customer traffic to the site.
(b) If allowed in a residential district, a minimum of 50% of the unit
floor area shall be primarily used for residential purposes and a
maximum of three persons shall work in the unit who do not reside
within the unit.
(c) The operator of the business in the unit shall also be a permanent
resident of the unit.
(21)
Livestock, raising of.
(a)
Any livestock shall be kept on property controlled
by the operator of the livestock use, with proper confinement measures
as necessary.
(b)
Any structure, other than the inside of a dwelling,
used for the keeping of six or more animals over the age of four months
shall be set back a minimum of 100 feet from the lot line of any existing
dwelling. All bulk storage of manure shall be set back a minimum of
100 feet from any lot line.
(c)
The applicant shall submit a written plan for
the sanitary management of animal wastes. Animal wastes shall be properly
managed to prevent health hazards, pollution of waterways and odor,
insect and rodent nuisances to other properties. Recommendations of
the Pennsylvania State University Cooperative Extension Service and
the County Conservation District should be followed.
(22)
Mineral extraction.
(a)
Application requirements. A copy of all site
plan information that will be required by the State DEP shall also
be submitted to the Borough as part of the zoning application.
(b)
A detailed and appropriate land reclamation
and reuse plan of the area to be excavated shall be submitted to the
Zoning Officer.
(c)
After areas are used for mineral extraction,
those areas shall be reclaimed in phases to a nonhazardous and environmentally
sound state permitting some productive or beneficial future use.
(d)
A seventy-five-foot-wide yard covered by natural
vegetative ground cover (except at approved driveway crossings) shall
be required along all exterior lot lines that are within 250 feet
of an area of excavation. This yard shall include an earth berm with
a minimum average height of six feet and an average of one shade tree
for each 50 feet of distance along the lot lines. Such shade trees
shall be planted outside of any berm and any fence.
(e)
The following minimum setbacks shall apply for
the excavated area of a mineral extraction use from property that
is not owned by the owner or operator of the mineral extraction use:
[1]
One hundred feet from the existing right-of-way
of public streets and from all exterior lot lines of the property.
[2]
One hundred fifty feet from a commercial or
industrial building, unless released by the owner thereof.
[3]
Two hundred fifty feet from a 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.
(f)
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.
(g)
Truck access to the use shall be located to
reasonably minimize hazards on public streets and dust and noise nuisances
to residences.
(h)
Fencing. The Zoning Hearing Board may require
secure fencing in locations where needed to protect public safety.
As an alternative, the Zoning Hearing Board may approve the use of
thorny vegetation to discourage public access. Also, warning signs
shall be placed at intervals of not less than 100 feet around the
outer edge of the use.
(i)
Noise and performance standards. See Article
V.
(j)
County Conservation District. A soil erosion
and sedimentation plan shall be prepared by the applicant and found
to be acceptable to the County Conservation District.
(k)
Hours of operation. The Zoning Hearing Board,
as a condition of special exception approval, may reasonably limit
the hours of operation of the use and of related trucking and blasting
operations to protect the character of adjacent residential areas.
(l)
The activities and residual effects shall not
create conditions that are significantly hazardous to the health and
safety of neighboring residents.
(23)
Membership club.
(a)
See definition in Article
II.
(b)
Any active outdoor play areas shall be set back
at least 30 feet from any abutting residential lot line.
(24)
Mobile/manufactured home installed on an individual
lot or within a mobile/manufactured home park approved after the adoption
of this chapter.
(a)
Construction. Any mobile/manufactured home placed
on any lot after the adoption of this chapter shall be constructed
in accordance with 1976 or later Safety and Construction Standards
of the U.S. Department of Housing and Urban Development. (Note: These
federal standards supersede any building code for the actual construction
of the home itself.)
(b)
Each site shall be graded to provide a stable
and well-drained area.
(c)
Each home shall have hitch and wheels removed.
(d)
Anchoring. A mobile/manufactured home on an
individual lot or mobile/manufactured home park shall include a system
that secures the home to the ground to prevent shifting, overturning
or uneven settling of the home, with a secure base for the tie-downs.
(e)
Foundation treatment. The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable material that has the appearance of a foundation of a site-built home, such as material with a concrete-type or stucco facing. This Subsection
A(24)(e) shall not apply within a manufactured/mobile home park. Metal skirting shall only be permitted within a manufactured/mobile home park. Provisions shall be provided as necessary for access to utility connections.
(f)
The front door of the home shall face onto a
public street, except within a mobile home park.
(h)
A mobile/manufactured home shall not be permitted
within a state-certified or National Register historic district.
(i)
The home shall have a main roof with a minimum
pitch of 4.5:1.
(j)
See provisions in §
380-28 regarding dwelling width in certain districts.
(25)
Mobile/manufactured home park.
(a)
Plans and permits. Plans shall be submitted and reviewed by the Borough for all mobile/manufactured home parks in compliance with the mobile home park provisions of Chapter
325, Subdivision and Land Development, and all other provisions of such chapter that apply to a land development, including the submission, approval and improvements provisions (other than specific provisions altered by this section).
(b)
The minimum tract area shall be three contiguous
acres, which shall be under single ownership, but which may include
land in an abutting existing mobile home park. The tract shall have
a minimum width at the minimum building setback line of 200 feet.
Two abutting lots may be merged together to form a single mobile/manufactured
home park.
(c)
Density. The maximum average overall density
shall be five dwelling units per acre.
[1]
To calculate this density, land in common open
space or proposed streets within the park may be included, but land
within the one-hundred-year floodway or that has natural slopes of
15% or greater shall not be included.
[2]
Phases. If an existing mobile home park is to
be expanded into an area not previously part of that mobile home park,
the maximum density and minimum common open space for the new area
shall be considered separately from the previously approved areas
of the mobile home park. All expansions to an existing park shall
also meet all other provisions of this chapter and other applicable
ordinances.
(d)
Landscaped perimeter. Each mobile/manufactured
home park shall include a twenty-five-foot-wide landscaped area, including
substantial attractive evergreen and deciduous trees, around the perimeter
of the site, except where such landscaping would obstruct safe sight
distances for traffic. A planting plan for such area shall be approved
by the Zoning Hearing Board as part of any required special exception
approval. Such landscaped area shall not be required between adjacent
mobile home park developments. This landscaped area shall be 35 feet
wide abutting existing single-family detached dwellings. The same
area of land may count towards both the landscaped area and the building
setback requirements.
(e)
A dwelling, including any attached accessory
building, shall be set back a minimum of 25 feet from another other
dwelling within the mobile home park, except that unenclosed porches,
awnings and decks may be 15 feet from the walls of another dwelling.
(f)
The minimum separation between homes and the
edge of the interior street cartway or parking court cartway shall
be 25 feet.
(g)
The minimum principal and accessory building
setbacks from exterior/boundary lot lines shall be 40 feet.
(h)
Each home shall comply with the above requirements for mobile/manufactured homes in this §
380-34
(i)
Accessory structures. A detached accessory structure
or garage shall be separated by a minimum of 15 feet from any dwelling
unit which the accessory structure is not accessory to.
(j)
Common open space for a mobile home park. A
minimum of 10% of the total lot area of the entire mobile home park
shall be set aside as common open space for the residents.
(k)
Streets.
[1]
Access to individual mobile home spaces shall
be from interior parking courts, access drives or private streets
and shall not be from public streets exterior to the development.
[2]
Streets within the mobile home park that provide
access to reach 20 or more dwellings shall have a minimum paved cartway
of 24 feet, and other local private streets or parking courts serving
fewer than 20 homes shall have a minimum paved cartway of 20 feet.
[3]
Curbs and sidewalks are not required on the
private streets, but all private streets shall meet all other Borough
cartway construction standards.
(l)
Utilities. All units within the mobile home
park shall be connected to a public water and a public sewage system.
The system shall meet appropriate minimum water pressure/fire flow
and hydrant requirements.
(26)
Nursing home.
(a)
Licensing. See definition in Article
II.
(b)
A minimum of 20% of the lot shall be suitable
and developed for passive recreation. This area shall include outdoor
sitting areas and pedestrian walks.
(27)
Outdoor storage and display. See this use under §
380-35.
(28)
Picnic grove, private.
(a)
All parking and activity areas shall be a minimum
of 200 feet from an existing dwelling. The use shall not operate between
the hours of 11:00 p.m. and 7:00 a.m.
(b)
See noise and glare standards in Article
V.
(c)
Minimum lot area: one acre.
(29)
Place of worship.
(a)
Minimum lot area: 25,000 square feet, except
5,000 square feet in the NC or GC District.
(b)
Weekly religious education rooms and meeting
rooms are permitted accessory uses, provided that such uses are of
such a character and intensity that they would be clearly customary
and incidental to the place of worship. A primary or secondary school
and/or a child or adult day-care center is permitted on the same lot
as a place of worship, provided that the requirements for such uses
are also met. Noncommercial buses used primarily to transport persons
to and from religious services or a permitted school on the lot may
be parked on the lot. Other uses shall only be permitted if all of
the requirements for such uses are also met, including being permitted
in the applicable district.
(c)
Two dwelling units may be accessory to a place
of worship on the same lot, provided that they are only used to house
religious leaders and their families.
(30)
Recreation, outdoor.
(a)
Any outdoor activity area shall be located no
closer to any lot line than the required front yard depth and shall
be screened, and, if necessary, sound insulation shall be provided
to protect the neighborhood from any possible noise.
(b)
A twenty-foot-wide buffer yard in accordance with §
380-57 shall be required.
(c)
Any swimming pool shall meet the requirements
for such use, as stated in this article.
(d)
Lighting, noise and glare control: See Article
V.
(31)
Recycling collection center.
(a)
This use shall not be bound by the requirements
of a solid waste disposal facility.
(b)
All materials shall be kept in appropriate containers,
with appropriate sanitary measures and frequent enough emptying to
prevent the attraction of insects or rodents and to avoid fire hazards.
(c)
Adequate provision shall be made for movement
of trucks if needed and for off-street parking.
(d)
A twenty-foot-wide buffer yard with screening as described in §
380-57 shall be provided between this use and any abutting residential lot line.
(e)
This use may be a principal or accessory use,
including being an accessory use to a commercial use, an industrial
use, a public or private primary or secondary school, a place of worship
or a Borough-owned use, subject to the limitations of this section.
(f)
Materials to be collected shall be of the same
character as the following materials: paper, fabric, cardboard, plastic,
metal, aluminum and glass. No garbage shall be stored as part of the
use, except for that generated on site and that accidentally collected
with the recyclables. Only materials clearly being actively collected
for recycling may be stored on site.
(g)
The use shall only include the following operations:
collection, sorting, baling, loading, weighing, routine cleaning and
closely similar work. No burning or landfilling shall occur. No mechanical
operations shall routinely occur at the site other than operations
such as baling of cardboard.
(h)
The use shall not include the collection or
processing of pieces of metal that have a weight greater than 50 pounds,
except within an industrial district.
(i)
The use shall include the storage of a maximum
of 50 tons of materials on the site if the use is within a residential
district and within 500 feet of an existing dwelling.
(32)
Residential conversions. See "conversions of
an existing building" within this section.
(33)
Restaurant.
(a)
Screening of dumpster and waste containers: See §
380-60.
(c)
Drive-through service shall only be provided
where specifically permitted in the applicable district regulations.
(34)
Retirement community.
(a)
The use shall meet the definition stated in §
380-21, which includes limits on the ages of residents. A dwelling within a retirement community shall not be occupied by a person less than 18 years of age for more than 30 days in any calendar year. No portion of a dwelling shall be leased/licensed to any person(s) less than 55 years of age. The foregoing age and occupancy restrictions must be incorporated into a recordable agreement or declaration, in a form acceptable to the Borough, which shall be binding upon owners within the retirement community and be enforceable by the Borough.
(b)
The use shall be served by both public water and public sewage
services.
(c)
A retirement community shall only include the following uses
(but need not include all of the uses):
[1]
Assisted-living facility/personal-care center.
[3]
Single-family detached dwellings.
[7]
Dining, community center and noncommercial recreation/activities
uses that are clearly accessory to the residential uses and that are
limited to use by the residents and employees of the development and
their invited guests.
[8]
Retail and personal service uses that are clearly accessory
to the residential uses and are intended to primarily serve the needs
of residents and employees of the development and their invited guests,
and provided that such uses shall not have individual exterior entrances
but instead shall be integrated into a principal building, and provided
that no establishment shall exceed 3,000 square feet of floor area.
These uses include but are not limited to a card shop or barber/beauty
shop.
[9]
Only the following other support facilities and services may
be provided, each of which shall be primarily intended to serve residents
and employees of the retirement community and their invited guests:
chapel or similar religious center, exercise center, meeting rooms,
library, laundromat, vehicle maintenance shop/garage for retirement
community use, child and adult day-care center, medical and therapy
services and facilities, and home care services and facilities. Such
services and facilities shall be designed and constructed integrally
with and managed as part of the retirement community.
[10] The total area occupied by all nonresidential
uses and accompanying parking shall not exceed 10% of the total lot
area of the development.
(d)
Density and lot requirements.
[1]
The minimum total lot area for a retirement community prior
to subdivision shall be whichever of the following is greater:
[b] The total in square feet of the following for each
type of unit:
[i] Assisted-living or nursing facility bed: 2,000
square feet.
[ii] Single-family detached dwelling unit: 5,000 square
feet.
[iii] Townhouse or twin dwelling unit: 4,000 square
feet.
[iv] Apartment dwelling unit: 3,000 square feet.
[v] Commercial establishment: 6,000 square feet.
[2]
Areas that will be part of the right-of-way of public streets after development shall not count towards the minimum total lot area. Provided that the overall lot area/density requirement of Subsection
A(34)(d)[1] above is met, no minimum lot area shall apply for each individual dwelling unit. Instead, a condominium, rental or similar type of arrangement is encouraged.
[3]
Minimum lot width of development: 200 feet.
[4]
Yard requirements. All buildings within the retirement community
shall be set back a minimum of 30 feet from perimeter lot lines and/or
rights-of-way of existing public streets that are boundaries of the
property. All principal buildings shall be set back a minimum of 25
feet from any right-of-way of any public street created within the
property, or 30 feet from the edge of the travel lane of a street
without a public right-of-way, or 10 feet from a parking court without
a public right-of-way. All principal buildings shall be separated
by a minimum of 12 feet if between two side building walls and 40
feet between any other building walls.
[5]
Not less than 15% of the parcel to be developed as a retirement
community shall be preserved as common open space. Common open space
shall meet the requirements of and shall be reserved in accordance
with this section and the definition of "open space, common," provided
that notwithstanding the provisions of the definition, "open space,
common" within the retirement community may include areas that are
set back 10 feet or more from any residential building. The common
open space shall be improved so as to be suitable for use by the residents
of the development, including but not limited to benches, trails and
landscaping. Improvements to common open space shall be predominantly
ADA-compliant, to the extent reasonably practicable with existing
grades and landscaping.
[6]
Maximum height for all buildings shall be 35 feet; provided,
however, that the maximum height of a building may be increased to
45 feet if the building shall be set back from the required front,
side or rear yard setback at least one additional foot for each one
additional foot of building height in excess of 35 feet. In no case
shall any building exceed 2.5 stories.
[7]
Maximum building coverage of the entire development shall be
35%.
[8]
Maximum impervious coverage of the entire development shall
be 60%.
[9]
Lighting facilities shall be provided and arranged in a manner
which shall protect the street and neighboring properties from any
direct glare or hazardous interference of any kind. No freestanding
outdoor light fixture shall be placed at a height greater than 20
feet.
[10] The applicant shall demonstrate compliance with
all requirements of all commonwealth, county and federal agencies
having jurisdiction, if applicable.
[11] Signs shall be uniform in design and style throughout the retirement community. Signs that are not readable from the exterior of the retirement community shall not be regulated in size and/or number by this chapter. The size, type and number of all signs which are readable from the exterior of the retirement community shall comply with Article
VII. In no case shall more than one freestanding sign be permitted per each abutting street. No sign shall be internally illuminated. All signs shall comply with all applicable provisions of Article
VII, except as specifically modified by this subsection.
[12] Landscaping. See §§
380-57 and
380-58. Landscaping shall be an integral part of the retirement community. Landscape plans must be sealed by a registered landscape architect licensed in the Commonwealth of Pennsylvania. Yards and passive recreation and common areas shall be fully landscaped. A variety of trees and shrubs shall be used. The locations and species of trees shall be subject to approval by the Borough. The Zoning Officer shall permit existing healthy trees that will be preserved and protected to be credited towards the number of trees required to be planted.
[13] Safety shall be emphasized in the design of the
retirement community. Particular attention shall be given to pedestrian
use. Pedestrian sidewalks or pathways shall be provided, which shall
be separated from vehicle traffic. Pathways outside of the street
right-of-way may be provided in place of sidewalks, provided that
they serve the same purposes.
(35)
School, public or private, primary or secondary.
(a)
Minimum lot area: two acres.
(b)
No building, children's play equipment, basketball
courts or illuminated recreation facilities shall be within 25 feet
of a residential lot line, unless a more-restrictive setback is established
by another section of this chapter.
(c)
The use shall not include a dormitory, unless
specifically permitted in the district.
(36)
Self-storage development.
(a)
All storage units shall be of fire-resistant
construction.
(b)
Outdoor storage shall be limited to recreational
vehicles, boats and trailers. No junk vehicles shall be stored within
view of a public street or a dwelling.
(c)
Trash, radioactive or highly toxic substances,
garbage, refuse, explosives or flammable materials, hazardous substances,
animal carcasses or skins, or similar items shall not be stored.
(d)
Nothing shall be stored in interior traffic
aisles, required off-street parking areas, loading areas or accessways.
(e)
The use shall not include a commercial auto
repair garage, unless that use is permitted in the district and the
use meets those requirements.
(f)
Adequate lighting shall be provided for security,
but it shall be directed away or shielded from any adjacent residential
uses.
(g)
See §
380-57 concerning buffer yards. In addition, any garage doors or outdoor storage areas within 200 feet of a street right-of-way shall be screened from that street by a buffer yard meeting §
380-57.
(h)
Minimum separation between buildings: 20 feet,
which shall allow passage by emergency vehicles.
(37)
Student group residence.
(a)
This provision shall only apply to a residential
use that an accredited college or university certifies, in writing,
is recognized by it as an affiliated organization. If such recognition
is withdrawn, in writing, then the zoning approval shall expire. A
student group residence shall house students who share an academic
interest, such as a foreign language. Any student housing that does
not meet the definition of a “student group residence,”
“dwelling unit” or “dormitory” shall be regulated
as a boarding- or rooming house.
(b)
A student group residence shall only house students
enrolled in studies equal to at least 1/2 of a full-time schedule
and/or paid staff of an accredited college or university and family
members of staff members.
(c)
A student group residence is not required to
be owned by a college or university. One organization may occupy more
than one building.
(d)
At least one competent adult age 22 years or
older shall live on site and serve in a supervisory role.
(e)
A student group residence building shall be
set back a minimum of 100 feet from the boundary of an R1 or R2 District
and 200 feet from any dwelling that is not owned by a college or university
(other than another student group residence).
(f)
Noise-abatement measures shall be used to avoid
conflicts with nearby dwellings.
(g)
Landscaping shall be used as a buffer between
a student group residence and any nearby dwellings.
(h)
See definition in §
380-21, which limits the numbers of residents. This use shall not be limited to occupancy by one family.
(38)
Swimming pool, nonhousehold.
(a)
The water surface shall be set back at least
50 feet from any existing dwelling.
(b)
Minimum lot area: one acre.
(c)
Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by a buffer yard meeting §
380-57.
(d)
The water surface shall be surrounded by a secure,
well-maintained fence at least six feet in height.
(e)
Drainage. A proper method shall be provided
for drainage of the water from the pool that will not flood other
property.
(39)
Target range.
(a)
All target ranges shall have a barrier behind
the target area which is of sufficient height and thickness to adequately
protect the public safety. This barrier shall be made of earth for
an outdoor firearms range.
(b)
The design of the outdoor firearms target range
shall be compared by the applicant with any applicable published guidelines
of the National Rifle Association.
(c)
An outdoor firearms target range and any firing
stations shall be located a minimum of 250 feet from any residential
lot line, unless all firing would occur within a completely enclosed
sound-resistant building. Clay pigeon shooting shall be directed away
from homes and streets.
(d)
An outdoor firearms target range shall be properly
posted.
(e)
The applicant shall provide evidence that the noise limits of Article
V will be met.
(f)
An indoor firearms target range shall be adequately
ventilated and/or air-conditioned to allow the building to remain
completely enclosed.
(40)
Townhouses/row houses and apartments.
(a)
Maximum number of townhouses attached in any
manner: eight.
(b)
Paved area setback. All off-street parking spaces,
except spaces on driveways immediately in front of a carport or garage
entrance, shall be set back a minimum of 15 feet from any dwelling.
(c)
Garages. Townhouses shall be designed so that
garages and/or carports are not an overly prominent part of the view
from public streets. For this reason, parking courts, common garage
or carport structures or garages at the rear of dwellings are encouraged
instead of individual garages opening onto the front of the building,
especially for narrow townhouse units.
(d)
Mailboxes. Any mailboxes provided within the
street right-of-way should be clustered together in an orderly and
attractive arrangement or structure. Individual freestanding mailboxes
of noncoordinated types at the curbside are specifically discouraged.
(e)
Access. Vehicular access points onto all arterial
and collector streets shall be minimized to the lowest reasonable
number. No townhouse dwelling within a tract of five or more dwelling
units shall have its own driveway entering onto an arterial or collector
street.
(41)
Treatment centers.
(b)
The applicant shall provide a written description
of all types of persons intended to occupy the use during the life
the permit. Any future additions to this list shall require an additional
special exception approval.
(c)
The applicant shall prove to the satisfaction
of the Zoning Hearing Board that the use will involve adequate on-site
supervision and security measures to protect public safety.
(d)
The Zoning Hearing Board may place conditions
upon the use to protect public safety, such as conditions on the types
of residents and security measures.
(e)
If the use involves five or more residents,
a suitable on-lot outdoor recreation area shall be provided that is
supervised by the center's staff.
(f)
Any such use shall be set back a minimum of
600 feet from any existing treatment center.
(42)
Veterinarian office (includes animal hospital).
(a)
Minimum lot area: 15,000 square feet.
(b)
Any structure in which animals are treated or
housed shall be a minimum of 50 feet from any residential lot line.
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be perceived within any adjacent
dwellings.
(c)
Outdoor animal runs may be provided for small
animals for use between 8:00 a.m. and 8:00 p.m., provided that the
runs are at least 150 feet from any existing dwelling, and provided
that the runs for dogs are separated from each other by visual barriers
a minimum of four feet in height, to minimize dog barking.
(d)
Although animals may be kept as an accessory
use, a commercial kennel shall only be allowed if a kennel is permitted
in that district and if the applicable requirements are met.
(43) Alternative school campus.
(a) Any commercial uses to be located on the same lot as the alternative school campus as permitted by §
380-21 must demonstrate during the application process that each such proposed use meets all requirements as to setback, lot coverage, and other dimensions as would be required if located on a separate lot as provided in §
380-55B, unless such use meets or complies with Subsection
A(43)(b). Such use is also subject to the dimensional requirements as set forth in §
380-28.
(b) As an alternative to compliance with Subsection
A(43)(a), the applicant for the alternative school campus may enter into an agreement restricting subdivision of any lots from the alternative school campus or separation of ownership pursuant to the Pennsylvania Uniform Condominium Act, Pennsylvania Uniform Planned Community Act, or any similar statute.
[1] Such an agreement must be in a form acceptable to the Solicitor for
the Borough and must be submitted as part of the application process
for approval of the alternative school campus.
[2] Any such agreement must he in recordable format and must be recorded
in the office of the Recorder of Deeds for Lancaster County prior
to the release by the Borough of any final plan for the project for
recordation.
[3] Any such agreement must provide that the applicant, for itself and
all successive owners of the alternative school campus, waive any
rights they might otherwise have pursuant to the Municipalities Planning
Code to contest the denial of any request for approval on basis
that the application violated the terms of the agreement.
[4] Such agreement must provide that it would be specifically enforceable
by the Borough and in any action brought to so enforce the agreement,
the applicant or the successor landowners would be responsible for
the Borough's attorneys fees incurred if such action were successful.
(c) The following specific criteria shall apply:
[1] The limits of the alternative school campus shall be located on a
single lot under single ownership.
[2] All classrooms, administrative offices, cluster housing units and
recreation facilities related to the alternative school shall be located
within the alternative school campus.
[3] A minimum of 60% of the area of the alternative school campus shall
be limited to the exclusive use of the alternative school. Commercial
and residential uses available to the general public shall not be
included within this sixty-percent area of the alternative school
campus.
[4] A maximum of 40% of the area of the alternative school campus may
be comprised of other uses permitted within the NC Neighborhood Commercial
District.
[5] The number of commuting students attending the alternative school
classes onsite shall not exceed the number of students living on the
alternative school campus.
[6] As much as possible, parking shall be located to the side or rear
of buildings facing a public street.
[7] Complementary architecture shall be provided throughout the alternative
school campus.
[8] The alternative school campus shall be served by internal vehicular
drives. Such drives will not be dedicated for public use.
[9] A pedestrian and bicycle path system shall be provided that connects
all appropriate uses within the alternative school campus to each
other use within the alternative school campus and to the sidewalk
system of the Borough.
[10]
An application for an alternative school campus shall provide
evidence that contact with the provider of public transit services
has occurred, that a request for service to the alternative school
campus has been made, and a determination whether service will be
provided once the alternative school campus has been constructed.
If public transit service is intended to eventually be provided, the
applicant shall show that provisions have been made for convenient
public transit stops and shelters. Any shelters should also be designed
to be suitable for use as a school bus stop.
[11]
The applicant shall install external lighting throughout the
alternative school campus meeting minimum requirements of the Borough.
Such lighting shall have a maximum total height of 25 feet.
[12]
The following uses shall be allowed within an approved alternative
school campus:
[a]
Alternative school, including classrooms, administrative offices,
cluster housing units and recreation facilities related to the school.
[b]
Child day care as a principal use* meeting §
380-34 or as an accessory use meeting §
380-35.
[d]
Financial institution* with any "drive-through" facilities meeting §
380-35.
[g]
Retail store.*
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*These uses shall only be permitted adjacent to an existing
public street adjacent to the alternative school campus.
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(44) Short-term rental.
(a)
No more than one short-term rental unit may be located in a
structure, and a short-term rental unit may not be located in a structure
which contains a dwelling unit in addition to the short-term rental
unit.
(b)
The applicant for a special exception shall demonstrate that
the proposed short-term rental unit meets the Pennsylvania Uniform
Construction Code as adopted by the Borough. The applicant shall submit
a report by a person certified by the Department of Labor and Industry
as an accessibility inspector/plans examiner and a building plans
examiner identifying what changes to the structure are necessary to
bring the structure into compliance with the requirements for the
change in use group. The report relating to the Uniform Construction
Code shall specifically address requirements to install sprinklers
and accessibility requirements. If the special exception is granted,
the applicant shall demonstrate that the short-term rental unit meets
the requirements of the Uniform Construction Code prior to the issuance
of a zoning permit.
(c)
The applicant for a special exception shall demonstrate that
the short-term rental unit contains or meets the following:
[1]
Smoke detector in each bedroom.
[2]
Smoke detector outside each bedroom in the common hallway.
[3]
Smoke detector on each floor, including attic and basement.
[4]
GFI outlet required if outlet located within six feet of water
source.
[5]
Metal exhaust from dryer (if dryer provided).
[6]
Carbon monoxide detector if fossil fuel appliances or furnace
is installed.
[7]
Carbon monoxide detector if garage is attached to unit.
[8]
Fire extinguisher in kitchen mounted in conspicuous location
with a current charging tag.
[9]
Indoor and outdoor stairs in good condition with handrails.
[10] All outlets and switches shall be properly covered.
[11] Fully functional bathing and toilet facilities.
[12] Fully functional kitchen.
[13] A placard shall be erected showing the floor plan
to the front door exit. The placard shall be posted on the interior
side of the front exit door or in an alternate location approved by
the Zoning Officer.
(d)
The applicant shall prepare and present to the Zoning Hearing
Board a notice which shall be prominently and continuously posted
at the short-term rental unit which shall contain all of the following
information:
[1]
The name of the local contact person or owner of the short-term
rental unit and a telephone number at which that party may be reached
on a twenty-four-hour basis.
[2]
The 911 address of the property.
[3]
The maximum number of occupants permitted to stay in the short
term rental unit.
[4]
The maximum number of all vehicles allowed to be parked on the
property and the requirement that parking is not permitted in any
public road right-of-way. This notification shall also expressly state
that parking on grass is prohibited within the Borough. All vehicles
must be parked within a garage (if provided) or on a paved driveway
or paved off-street parking space.
[5]
Notification that trash and refuse shall not be left or stored
on the exterior of the property except in secure, watertight metal
or plastic cans or similar containers designed for such storage with
a limit of three secured containers.
[6]
Notification that an occupant may be cited and fined for creating
a disturbance or for violating other provisions of applicable Borough
ordinances.
(e)
The applicant shall designate a local contact person who shall
have access and authority to assume management of the short-term rental
unit and take remedial measures. An owner who resides within the Borough
or within 20 miles of the short-term rental unit may designate himself/herself
as the local contact person. If the special exception is approved,
the local contact person shall respond to the Borough or to a police
officer within one hour after being notified by such official of the
existence of a violation of this chapter or any disturbance requiring
immediate remedy or abatement. If the local contact person is not
the owner, the local contact person shall immediately advise the owner
of any notification of a violation. There shall be a local contact
person at all times the short term rental unit is operated. The owner
may change the local contact person only after written notice to the
Zoning Officer, and any new local contact person shall meet all requirements
of this subsection.
(f)
If the special exception is granted, the applicant shall provide
the Zoning Officer with confirmation that the applicant has taken
all action required to register with the Lancaster County Treasurer
to enable the applicant to pay the hotel and/or room taxes imposed
by Lancaster County. The Zoning Officer shall not issue a certificate
of occupancy for the short-term rental unit until the applicant presents
such confirmation of registration.
(g)
The maximum occupancy of the short-term rental unit shall be
based on the number of bedrooms. A short-term rental unit may have
no more than six bedrooms. Each bedroom shall be occupied by no more
than two persons, excluding children under the age of five. The applicant
shall provide the Zoning Hearing Board with a plan of the structure
proposed to contain the short-term rental unit identifying the rooms
on each floor of the structure to enable the Zoning Hearing Board
to determine the number of bedrooms and the maximum occupancy of the
short-term rental unit.
(h)
A short-term rental unit may be rented only to a person 21 years
of age or older.
(i)
The owner shall use his/her best efforts to assure that the
occupants of the short-term rental unit do not create unreasonable
noise or disturbances, engage in disorderly conduct, or violate provisions
of Borough ordinances or any state law pertaining to noise or disorderly
conduct by notifying the occupants of the rules regarding short-term
rental units and responding when notified that occupants are violating
laws regarding their occupancy.
(j)
The owner and, if applicable, the manager shall, upon notification
that occupants of the short-term rental unit have created unreasonable
noise or disturbances, engaged in disorderly conduct or violated provisions
of Borough ordinances or state law pertaining to noise, or disorderly
conduct, promptly use his/her best effort to prevent a recurrence
of such conduct by those occupants or guests.
(k)
The owner of the short-term rental unit shall submit an application each year for a permit to authorize continued operation of the short-term rental unit, accompanied by any fee which Borough Council may establish by resolution. The application shall require that the owner provide sufficient inform for the Zoning Officer to confirm the name and contact information for the local contact person, confirm that the short-term rental unit meets all requirements of this §
380-34A(44), and confirm that the short-term rental unit meets all other applicable Borough ordinances. The Zoning Officer may inspect the short-term rental unit to confirm compliance with this § 380-44A(44) and other applicable Borough ordinances. If the Zoning Officer confirms that the short-term rental unit meets such requirements, the Zoning Officer may issue a permit to authorize continued operation of the short term rental unit for a one year period. Operation of a short-term rental without the required annual permit is a violation of this chapter.
(45)
Community resource facility.
(a)
See definition in §
380-21 for permitted components of this use.
(b)
No residency, whether permanent or transient, shall be permitted
within any community resource facility.
(c)
Within the R1 and R2 Districts, a community resource facility
shall only be permitted by right within a commercial building existing
as of the date of adoption of this subsection which meets the following
requirements; otherwise, it shall not be permitted:
[1]
Maximum building square footage: 12,000 square feet.
[2]
Minimum building square footage: 10,000 square feet.
[3]
Minimum lot area of property: two acres.
(d)
Applicant shall submit an hours of operation and site management
plan to the Borough which shall set forth the anticipated hours and
days of operation of each service or program to be offered at the
community resource facility, as well as the anticipated number of
attendees, volunteers, and participants with respect to each program
or service.
(e)
Noise abatement measures shall be used to avoid conflicts with
nearby dwellings.
(f)
All operations, except for outdoor recreation and loading and
unloading of supplies and resources, shall be conducted indoors.
(g)
The use must be served by public water and sewer.
(h)
All applicable requirements of Article
VI must be satisfied. A community resource facility must provide the same number of off-street parking spaces as required for a community center, as set forth in §
380-43A(4), Table 6.1, B9.
