§ 450-34. Additional requirements for specific principal uses.

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, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult uses typically involve insufficient self-regulation to control these secondary effects.

[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 U.S. 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: 400 lineal feet from any residential zoning district boundary or lot line of any existing dwelling; and 1,000 lineal feet from the lot line of any existing primary or secondary school, place of worship, public park, day-care center or child nursery.

(c) 

No such use shall be located within 1,000 lineal 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 § 450-62, 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.

(g) 

See § 450-56, Prohibited signs.

(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 IV.

(j) 

A minimum lot area of 25,000 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 5% 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).

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

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

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

(2) 

Adult day-care center.

(a) 

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

(b) 

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

(c) 

The use 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 § 450-62.

(b) 

See light and glare standards in § 450-42.

(c) 

See parking requirements in Article VII.

(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 150 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 VI. See buffer yard requirements in § 450-62.

(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 III) shall not be stored for more than 30 days within view of a public street or a dwelling. A maximum of four junk vehicles may be parked on a lot outside of an enclosed building at any one time, except that additional numbers of vehicles may be parked outside overnight if they: are screened from view from streets and other lots by landscaping or buildings; and are actively undergoing repair.

(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.

(g) 

Fuel pumps shall be at least 25 feet from the existing street right-of-way and shall meet side yard principal building setback requirements.

(h) 

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

(i) 

See light and glare control in Article VI.

(j) 

See canopy height and lighting provisions in § 450-42.

(7) 

Auto service station. The provisions for auto repair garage listed in this section shall apply. The uses of auto service station and auto repair garage may be combined, if the requirements for each use are met.

(8) 

Bed-and-breakfast inn.

(a) 

Within a residential district (if permitted under Article IV), a maximum of five rental units shall be provided. A maximum number of rental units shall not apply in other districts where the use is allowed. No more than three adults may occupy one rental unit.

(b) 

One off-street parking space shall be provided for each rental unit. If four or more new off-street parking spaces are provided, they 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.

(d) 

The use shall have a residential appearance and character.

(e) 

The use shall be owned, 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) 

In a residential district, the use shall be restricted to buildings that existed prior to December 31, 1936.

(i) 

Minimum lot area: 3,000 square feet, unless a more restrictive lot area is established by the applicable zoning district.

(9) 

Boarding house (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: 3,000 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 § 450-62 shall be provided between any boarding house 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) 

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.

(11) 

Commercial communications antennas/tower 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] 

An electric high-voltage transmission tower;

[b] 

An existing lawful commercial communications tower;

[c] 

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

[d] 

A water tower.

[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 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(11)(a) above shall only be allowed where specifically authorized in § 450-30, 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 equal to or greater than the total height of the antenna/tower above the surrounding ground level; or

[b] 

The applicable principal building setback.

[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 Building Code.

[4] 

The applicant shall describe in writing the policies that will be used to make available 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 they have investigated co-locating their facilities on an existing tower and other tall structures and have found such alternative to be unworkable. The reasons shall be provided. 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 where a freestanding tower is allowed.

[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.

(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 organization, and is on the same lot as an emergency services station, shall be permitted by right.

(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 communications antenna 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.

(12) 

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

(a) 

See Article IV, which regulates where conversions are permitted. Applicable state fire safety 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 a historic building.

(d) 

Dumpster screening. See § 450-65.

(e) 

Each unit shall meet the definition of a dwelling unit and shall meet the minimum floor area requirements of § 450-60C.

(13) 

Day-care center, child.

(a) 

See also day care: family day care home or group day care as an accessory use in § 450-35D(3).

(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 VII shall be provided for persons delivering and waiting for children.

(d) 

In residential districts, where permitted as a principal use, a day-care center 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) 

A day-care center may occur in a building that also includes lawful dwelling units. However, a day-care center 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 center shall maintain an exterior appearance that resembles existing dwellings in the neighborhood.

(i) 

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

(14) 

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

(a) 

See definition in § 450-24.

(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 five 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 § 450-15D.

(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.

(15) 

Hotel or motel.

(a) 

See definitions in Article III, which distinguish a hotel/motel from a boarding house.

(b) 

New buildings shall be set back a minimum of 25 feet from the lot line of a dwelling, unless a wider setback is required by another section.

(16) 

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 lot line of a primarily residential use; 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 twelve-foot wide aisles 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 § 450-62, unless such storage is not visible from an exterior lot line or street. The minimum initial height of the evergreen planting shall be four feet, which shall be designed to result in a solid eight-foot high plant screen within four years. 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 VI.

(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 § 450-35D(9).

(j) 

The use shall also comply with the "Junkyard" chapter.

Editor's Note: See Ch. 422, Vehicles, Abandoned and Junked, and Ch. 434, Vehicles, Storage of.

(17) 

Kennel.

(a) 

Minimum lot area: one acre.

(b) 

All buildings in which animals are housed and all runs shall be located at least 200 feet from any lot line of a primarily residential use. This setback shall not apply if the kennel is separated from a residential use by an expressway.

(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 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.

Editor's Note: See 7 U.S.C. § 2131 et seq.

(18) 

Membership club.

(a) 

See definition in Article III.

(b) 

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

(19) 

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 lot line of a dwelling, 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 VI.

(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.

(20) 

Mobile/manufactured home. The following provisions shall apply for a dwelling 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 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.

(g) 

See also the regulations of § 450-31.

(h) 

A mobile/manufactured home shall not be permitted within a state-certified or National Register Historic District.

(i) 

See provisions in § 450-31 regarding dwelling width in certain districts.

(21) 

Mobile/manufactured home park.

(a) 

Plans shall need approval by the Borough under Chapter 395, Subdivision and Land Development.

(b) 

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

(c) 

Density. The maximum average overall density shall be four dwelling units per acre.

[1] 

To calculate this density, land in common open space or proposed streets within the park may be included. Land within the one-hundred-year floodway or that has natural slopes of 15% or greater shall not be included when calculating density.

(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 edge of 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 § 450-34.

(i) 

Accessory structures. A detached accessory structure or garage shall be separated by a minimum of 15 feet from any dwelling units 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 less 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.

(22) 

Nursing home.

(a) 

Licensing. See definition in Article III.

(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.

(23) 

Outdoor storage and display. The provisions listed under § 450-35 are hereby included by reference.

(24) 

Picnic grove, private.

(a) 

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

(b) 

All buildings, pavilions and active recreation areas shall be set back a minimum of 50 feet from any lot line of an existing principal dwelling, unless a larger setback is required by another section of this chapter.

(c) 

The use shall not be open to customers/patrons between the hours of 11:00 p.m. and 7:00 a.m.

(25) 

Place of worship.

(a) 

Minimum lot area: 25,000 square feet in a residential district. In other districts, the standard minimum lot area shall apply.

(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 are permitted on the same lot as a place of worship, provided the requirements for such uses are also met. 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.

(26) 

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 § 450-62 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 VI.

(27) 

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 § 450-62 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 land filling 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.

(28) 

Research laboratory. Defined herein as a building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products except as incidental to the main purpose of the laboratory.

(a) 

No building or other structure shall be located within 500 feet of a residential zoning district.

(b) 

All buildings, structures and storage areas shall be enclosed with a minimum eight-foot high safety fence.

(c) 

The use shall not have or create any potential for environmental, fire, explosion, chemical, biological, or genetic hazards; or pose any other threat to the general health, safety and welfare of the Borough.

(d) 

No material which is dangerous due to the explosion, toxicity, fire hazard or radioactivity shall be used, stored or manufactured.

(e) 

No offensive waste shall be discharged into any stream, storm drainage systems or sanitary disposal systems.

(f) 

No offensive dust, dirt, fly ash, offensive odors or noxious toxic or corrosive fumes, gases or liquids shall be emitted.

(g) 

No noise or vibration which is objectionable due to volume, intermittence, beat frequency, or shrillness shall be transmitted outside the property where it originated.

(h) 

Evidence shall be submitted documenting the degree to which the propose use will comply with the above regulations, the other environmental protection provisions of Article VI.

(29) 

Residential conversions. See Subsection A(12), Conversion of an existing building.

(30) 

Restaurant.

(a) 

Screening of dumpster and waste containers. See § 450-65.

(b) 

See drive-through service in § 450-35D(4).

(c) 

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

(31) 

School, public or private, primary or secondary.

(a) 

Minimum lot area: two acres in a residential district. In any other district, the use shall meet the standard minimum lot area for that district.

(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.

(32) 

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 § 450-62 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 § 450-62.

(h) 

Minimum separation between buildings: 20 feet, which shall allow passage by emergency vehicles.

(33) 

Swimming pool, non-household.

(a) 

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

(b) 

Minimum lot area: 30,000 square feet.

(c) 

Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by a buffer yard meeting § 450-62.

(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.

(34) 

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 VI 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.

(35) 

Townhouses/rowhouses and apartments.

(a) 

Maximum number of townhouses attached in any manner: five.

(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 non-coordinated 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.

(36) 

Treatment centers.

(a) 

See definition in § 450-24.

(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.

(37) 

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 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.