Certain profit-making institutional uses may be permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:
a. Nursing Homes.
Nursing homes are permitted in the OB-2 and OB-3 Zones as a conditional use and shall meet the following minimum standards:
1. Lot Area. There shall be a minimum lot area of five (5) acres.
2. Need. Proof of Certificate of Need and compliance with all applicable State regulations.
3. Setbacks. No structure shall be permitted closer than one hundred (100) feet to any abutting property line or street right-of-way line.
b. Profit-Making Private Schools and Trade Schools.
Private schools covering any or all grades pre-kindergarten through grade 12 or trade schools, if approved by the State approving agency and which are conducted as a business, are permitted as a conditional use in all zone districts provided said conditional use shall meet all of the following requirements:
1. Proof of State Approval.
A.license or similar document from the State approving agency attesting to approval of the school shall accompany the application.
2. Minimum Lot Size.
The lot or site on which the proposed use is to be located shall have a minimum area of ninety thousand (90,000) square feet, plus an additional forty-five thousand (45,000) square feet for every one hundred (100) pupils or portion thereof of maximum capacity, and the lot or site shall have a minimum street frontage of two hundred twenty-five (225) feet.
3. Lot Coverage.
The coverage of the lot by buildings and structures will not exceed fifteen (15%) percent, and the total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, or other improvements, shall not exceed forty (40%) percent of the total area of the lot.
4. Setbacks.
Any building or structure shall be set back from the front street line, a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or forty (40) feet, whichever is greater.
Any building or structure shall be set back from the side property lines a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or forty (40) feet, whichever is greater.
Any building or structure shall be set back from the rear property line, a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or fifty (50) feet, whichever is greater.
c. Public Utility Facilities.
Public utility facilities and uses may be permitted as a conditional use provided the following requirement are met:
1. Proof of Need.
Proof shall be furnished that the proposed installation in the specific location is necessary for the efficiency of the public utility system and to the satisfactory and convenient provision of service to the neighborhood in which the facility is to be located.
2. Building Design.
The design of any building or structure required for such use shall conform to the general character of the area in which the facility is to be located.
3. Fencing.
Adequate fencing and landscaping shall be provided, maintained and replaced as required.
4. Site Requirements.
The lot on which the facility is to be located shall be sufficient in size to adequately accommodate the proposed facility together with any parking space required to serve the facility so that the total coverage of the lot by all buildings, sidewalks, parking areas, driveways, or other improvements, does not exceed fifty (50%) percent of the total area. Parking space shall not be located within the front yard area, not within twenty-five (25) feet of a property line, and shall otherwise comply with all general requirements of this chapter concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, location and height and maintained and replaced as required, to preclude to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude to the maximum extent possible, the view of the parking area from a public street.
5. Setbacks.
Any building or structure shall conform to the front yard setback requirements for the zone in which it is located or a distance equal to the height of the building, whichever is greater.
Any building or structure shall be set back from the side property lines a distance not less than the height of the structure, or twenty-five (25) feet, whichever is greater.
Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or fifty (50) feet whichever is greater.
Certain commercial uses as described below may only be permitted as conditional uses subject to the following requirements:
a. Neighborhood Shopping Centers.
Shopping centers are permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:
1. Minimum Lot Size.
There shall be a minimum lot area of five (5) acres measured within six hundred (600) feet of the front street right-of-way line.
2. Allowed Uses.
Specific uses allowed will be those allowed as permitted principal uses in the B-2 Zone. There shall be a minimum of five (5) stores, and no one (1) store shall occupy more than forty (40%) percent of the allowed gross floor area. The stores shall provide a variety of goods and services, catering to the daily needs of the local community.
3. Street Access.
The proposed use shall have frontage on not less than two (2) arterial streets (State and/or County roads) and shall provide safe and adequate access to both. Access must provide direct entrance from and egress to all directions possible within the intersection without "doubling back".
4. Lot Coverage.
The floor area ratio shall not exceed twenty (20%) percent and the total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, or other improvements shall not exceed seventy (70%) percent of the total area of the lot.
5. Building height shall not exceed thirty-five (35) feet or one (1) story, whichever is less.
6. Lot Width.
Lot width measured at the street setback line shall be a minimum of three hundred fifty (350) feet for each frontage.
7. No building shall be permitted closer than:
(a) Minimum front yard: 70 feet
(b) Minimum side yard: 40 feet
(c) Minimum rear yard: 50 feet
8. Off-Street Parking.
Off-street parking shall be provided at a rate of one (1) parking space for each two hundred (200) square feet of gross floor area. Parking spaces and aisles shall be setback a minimum of twenty-five (25) feet from the property line and right-of-way line. Landscape plantings shall be provided in sufficient quantity, location and height and maintained or replaced as required, to preclude to the maximum extent possible headlight glare onto adjacent properties and roadways and to screen parking and loading areas from view.
b. Fast Service Restaurants.
Fast service restaurants are permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met.
1. Minimum Lot Size and Size Limit.
Fast service restaurants shall be permitted only as part of a multi-use retail complex, such as a strip center or shopping center, where such a complex is located on a lot having a minimum lot size of five (5) acres measured within six hundred (600) feet of the front street right-of-way line. The total floor area of all restaurant uses within a multi-use retail complex shall not exceed twenty (20%) percent of the gross floor area of the retail complex.
2. Off-Street Parking.
Off-street parking for a retail center containing any fast service restaurant use shall be provided at a rate of six (6) parking space per one thousand (1,000) square feet of gross floor area of the entire retail center.
3. No restaurant of any kind shall include drive-in or drive through service; ordering and pickup of food shall not be permitted to take place from a vehicle, nor shall exterior playgrounds or play areas be permitted. For the purposes of this chapter, a bar or tavern shall be considered a restaurant. A snack bar at a public or a nonprofit playground playfield, park, or swimming club, maintained solely by the agency or group operating the recreational facilities and for the sole use of the patrons of the facility, shall not be deemed to be a restaurant.
4. For the purpose of determining the area of the fast service restaurant use, the restaurant size shall be calculated as one hundred fifty (150%) percent of the area devoted to customer seating and circulation.
Fast service restaurants shall be permitted only as an integral part of a retail complex, such as a strip center or shopping center, and shall not be a freestanding or stand alone use. The floor area of a fast service restaurant, in combination with all other restaurant uses, shall not exceed twenty (20%) percent of the gross floor area of the retail complex.
c. Wireless Telecommunicatior Antennas and Equipment and Wireless Telecommunication Towers and Equipment Compounds.
This paragraph shall regulate the location and placement of wireless telecommunication antennas and equipment and wireless telecommunication towers and equipment compounds. It is also the purpose of this paragraph to recognize that the installation of new towers to support such antennas has a negative impact on the scenic and historic character of the community which the Master Plan seeks to protect. This paragraph seeks to meet the mandate of the Telecommunications Act of 1996, while at the same time limiting the proliferation of wireless communication towers and antennas. Wireless telecommunication antennas and equipment and wireless telecommunication towers and equipment compounds shall be allowed in certain zone districts within the Borough, subject to the following conditions:
1. Wireless Telecommunication Antennas:
(a) Wireless telecommunication antennas shall be permitted in all nonresidential zones, except the B-1 Zone. They shall be limited to whip-type antennas and no building or other structure shall host more than three (3) such antennas.
(b) Wireless telecommunication antennas may be located on any existing structure (e.g., building, silo, steeple) which is permitted in the zone. Such antennas shall not exceed ten (10) feet in height above the highest point of the structure nor shall they exceed ten (10) feet above the maximum height limit of the zone. Such antennas shall be suitably finished and/or painted so as to minimize their visual impact on the area.
(c) Wireless telecommunication antennas located on an existing structure shall be subject to site plan approval.
(d) Wireless telecommunication antennas, in any district where allowed, shall meet the following:
(1) Demonstration of need for a wireless telecommunication antenna at the proposed location. Such evidence shall describe in detail: (i) the wireless telecommunication network layout and its coverage area requirements, and (ii) the need for new wireless telecommunication facilities at a specific location within the Borough.
(2) Report from a qualified expert certifying that the wireless telecommunication antenna and the building to which it is attached will comply with the structural and wind loading requirements as set forth in the BOCA Code; or the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended; or such other code as may apply to these facilities, including a description of the number and type of antennas it is designed to accommodate.
(3) Wireless telecommunication equipment may be installed in support of an antenna. Such equipment shall be contained either directly within the structure the antenna is mounted on or within another existing structure on site.
2.Wireless Telecommunication Towers and Equipment Compounds.
(a) Wireless telecommunication towers and equipment compounds shall be permitted in the Conservation (C) Zone only.
(b) Only monopoles shall be permitted. Tower heights shall not exceed a maximum of one hundred (100) feet for towers designed for a single user, one hundred twenty (120) feet for two (2) users and one hundred forty (140) feet for three (3) or more users. Any antennas or lightening rods attached to the tower shall not exceed ten (10) feet beyond the top of the tower. No individual carrier, shall have more than three (3) antennas on any tower.
(c) Wireless telecommunication towers shall be subject to major site plan approval. Carriers not approved with the original site plan approval shall be subject to additional site plan review prior to installation of additional antennas and equipment.
(d) Wireless telecommunication towers and equipment compounds shall meet the following:
(1) Demonstration of need for a wireless telecommunication tower at the proposed location. Such evidence shall describe in detail: 1) the wireless telecommunication network layout and its coverage area requirements, and 2) the need for new wireless telecommunication facilities at a specific location within the Borough.
(2) Proof that the applicant has exercised its best efforts to locate the wireless telecommunication antennas on an existing building or structure, rather than on the proposed tower. Evidence demonstrating that no existing wireless telecommunications tower or building or structure can accommodate the provider's proposed antenna may consist of any of the following:
(i) No existing towers or structures are located within the geographic area that is necessary to meet the provider's radio frequency engineering requirement to provide reliable coverage.
(ii) Existing towers or structures are not of sufficient height and cannot be made to be of sufficient height to meet the provider's radio frequency engineering requirements.
(iii) The provider's proposed antenna would cause electromagnetic interference with antennas on existing towers or structures or the antennas on the existing towers or structures would cause interference with the provider's proposed antenna.
(iv) The fees, cost, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are patently unreasonable. Actual, direct costs exceeding new tower design, development, and construction are presumed to be patently unreasonable.
(v) The provider demonstrates that there are other limiting factors that render existing towers or structures unsuitable.
(e) Wireless telecommunication towers and equipment compounds shall be located with the compound having a minimum setback from the property line as required for accessory buildings in the zone in which it is located. The tower shall have a minimum setback from any property line of ten (10%) percent more than the height of the tower, but not less than one thousand (1,000) feet from any existing residence. The equipment compound shall be situated behind existing structures, buildings or terrain features which will shield the compound from public view, where possible. When a location out of public view is not possible, a landscape buffer of twenty (20) feet in depth shall be provided around the compound to shield it from public view. The equipment compound shall not exceed one thousand five hundred (1,500) square feet. The equipment for all carriers at a site shall be contained within a single structure, which structure shall not exceed one hundred forty-four (144) square feet of gross floor area, nor exceed ten (10) feet in height.
(f) Equipment compounds shall be designed to accommodate the maximum number of carriers designed for the tower. Authorization for the construction for a new telecommunications tower shall be conditioned upon agreement by the tower owner that other telecommunication service providers will be permitted to co-locate on the proposed tower within the limits of the structural and engineering requirements and at rates which reflect the fair market price for such services.
3. Design Requirements.
(a) Wireless telecommunication facilities should be located to minimize the number of facilities needed in the community, while insuring effective and efficient telecommunication services; to encourage the use of existing buildings and structures to the maximum extent possible; to minimize the visual impact through careful siting, design, landscaping, screening and innovative camouflaging techniques, to make the facility compatible with any neighboring residences and with the character of the community as a whole. Facilities should be placed to ensure that historic and architecturally significant areas, buildings and structures and significant views, landscapes and streetscapes are not visually impaired.
(b) Signs shall not be permitted except for a sign displaying owner contact information, warnings, equipment information, and safety instructions. Such sign shall not exceed two (2) square feet in area. No commercial advertising shall be permitted on any wireless telecommunication facility.
(c) No lighting is permitted except as follows:
(1) Wireless telecommunications equipment compounds enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
(2) No lighting is permitted on a wireless telecommunications tower, except as may be required by government regulation.
(d) Wireless telecommunication antennas and towers shall be maintained to assure their continued structural integrity. The owner of the tower or antenna shall also perform such other maintenance of the structure and of the site as to assure that it does not create visual nuisances.
(e) Wireless telecommunication towers shall be of a color appropriate to the tower's location and to make it as unobtrusive as possible, unless otherwise required by government regulation.
(f) Wireless telecommunication facilities shall be surrounded by a fence and/or other approved security features. All towers shall be designed with anti-climbing devices, to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed and as approved by the applicable Board.
(g) No equipment shall be operated so as to produce noise in excess of the limits of this ordinance or any other applicable noise regulations, except for emergency situations requiring the use of a backup generator.
(h) Wireless telecommunication towers and equipment compounds shall be appropriately landscaped in accordance with an approved landscaping plan that enhances the appearance of the project, as seen from the surrounding area and shall include native evergreen and deciduous trees, providing an average buffer height of at least six (6) feet at the time of planting.
Self-Storage facilities are permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:
1. Conditional Use Requirements-.
(a) Individual storage spaces shall not exceed four hundred (400) square feet in area.
(b) Barbed wire fencing shall not be permitted. Fencing in the front yard shall not be permitted. Fencing greater than eight (8) feet in height shall not be permitted.
(c) On-site residences for caretakers or guards shall not be permitted.
(d) The types of materials permitted to be stored in the facility shall be limited to those that are non-combustible, inert and will not putrefy. The storage of flammable or hazardous chemicals or materials and explosives is strictly prohibited.
(e) Outdoor storage shall be prohibited.
(f) Building height shall not exceed thirty-five (35) feet or two and one-half (2.5) stories, whichever is less.
(g) Off-street parking shall be provided at a rate of one (1) parking space for each seven hundred fifty (750) square feet of gross floor area. All building, parking, spaces and aisles shall be set back a minimum of twentyfive (25) feet from all property lines, and shall comply with the additional standards in Article V, Section 30-501 et seq.
(h) Auctions, commercial, wholesale or retail sales, garage sales, or miscellaneous sales shall be prohibited on-site.
(i) Utilization of self-storage areas as contractor staging areas shall be prohibited.
2. Additional Standards.
The following supplemental design and operational standards shall be applicable to self-storage facilities:
(a) On-site security shall be provided in levels that are sufficient to serve the facility. Applicant shall demonstrate to the Board's satisfaction that the Borough's police services will not be unduly taxed by emergency calls to the facility.
(b) Careful consideration shall be paid to the aesthetics of all building's and fencing that are visible from both public view sheds and adjacent lots. Overhead doors shall be located facing toward the interior of the site to the extent possible. Exterior building materials shall be of a high quality, and should consist of split-face block or other finished masonry material, drivet or other material. Metal buildings are strongly discouraged, as are gimmicky building and fencing features such as mock lighthouses, oversized padlocks and the like. Roofs on buildings shall be pitched to provide visual interest.
(c) Building colors shall be from a neutral palate, and should be similar to those used in office/research building applications.
(d) Signage colors shall be from a neutral palate, and should be similar to those used in office/research building applications. Signage design shall also be similar to that used for general office/research applications, rather than retail applications. That is, signs shall be no greater than ten (10) feet in height and fifty (50) square feet in area. One freestanding sign per street frontage shall be permitted. Signage materials shall be of an aesthetically pleasing, high quality. All other sign requirements of the RM Zone and this Land Development chapter shall be applicable.
(e) Landscape plantings shall be provided in sufficient quantity, location and height and maintained or replaced as required, to preclude to the maximum extent possible headlight flare onto adjacent properties and roadways and to provide substantial visual breaks between building, parking and loading areas and public roadways and adjoining uses.
(f) Loading spaces shall be provided in logical locations and in sufficient quantity to serve the facility.
(g) Lighting levels shall not exceed those permitted in this or other applicable chapters of the Borough Code.
(Ord. No. 20-1993; Ord. No. 23-1997 § II; Ord. No. 13-2000; Ord. No. 62001 § XVIII; Ord. No. 8a-2004 § IV)
