Borough of Emmaus - Land Uses

Adult bookstore, adult movie theater, adult live entertainment use or massage parlor

A use with a significant portion of the market value of or total number of items for sale or rent being books, films, magazines, video tapes, coin- or token-operated films, novelties, items, paraphernalia or other periodicals which are distinguished or characterized by a clear emphasis on matter depicting, describing, displaying or relating to uncovered male or female genitals or "specified sexual activities" (see definition). This shall include but not be limited to materials that would be illegal to sell to persons under age 18 under state law.

Amusement arcade

An indoor commercial use with four or more electronic machines for amusement or entertainment, with such machines activated by the use of tokens or coins.

Asphalt plant

Assembly of materials manufactured elsewhere

The making, with substantial use of machinery, of some product for sale, and/or associated assembly, fabrication, cleaning, testing, processing, recycling, packaging, conversion, production, distribution and repair, with substantial use of machinery, of products for sale. This term shall not include the following: retail sales, personal services, solid waste disposal facility or truck terminal.

Auditorium, commercial or nightclub

A commercial area or structure involving indoor or outdoor space for exhibits, meetings, live performances or sports events, but not a use that meets the definition of a movie theater, adult live entertainment use or standard or fast-food restaurant.

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) A forty-foot buffer yard shall completely separate the structure and all off-street parking areas from any lot line of any residential use or undeveloped residentially zoned lot.
(2) A commercial auditorium shall have a minimum lot size of one acre for each 150 persons of capacity.
(3) Any such use that allows the consumption of alcohol and that has a capacity of 250 or more persons shall be setback a minimum of 300 feet from any residential lot line.

Auto repair garage

A building and/or land where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include, but not be limited to, any use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an "auto service station" is also permitted as part of an "auto repair garage." This use shall not include a use meeting the definition of a "truck stop."

Auto service station

A building and/or land where gasoline is sold, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections. This use may include the sale of ready-to-eat food for consumption off the lot and of common household products as a clearly accessory use. An accessory use providing only motor fuel to vehicles operated by that business shall not be considered to be an auto service station. This use shall not include a use meeting the definition of a "truck stop." See storage limits in § 27-402.

Auto, boat or manufactured homes sales

A building or area, other than a street, used for the outdoor or indoor display, sale or rental of two or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles or boats or transportable manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use provided that all requirements of such use are complied with. This use shall not include a manufactured home park or a junkyard.

Bakery

Bed-and-breakfast use

The use of a single-family detached dwelling and/or accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for a maximum of 10 temporary guests at any one time, and which does not provide any cooking facilities or provision of meals for guests other than breakfast. This use shall only include a use routinely renting facilities for a maximum of seven days in any month to any person(s) and shall primarily serve transient visitors to the area.

Betting use

A use where lawful gambling activities are conducted including, but not limited to, off-track pari-mutuel betting. This term shall not include betting under the State Lottery programs or betting under the "Small Games of Chance" provisions of state law, which shall instead be regulated under the regulations applicable to the principal use of the property (such as a "membership club").

Beverage bottling

Beverage distributor

Billboard

A sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business that is primarily offered or located at a location other than the lot upon which the sign is located. This type of sign is commonly known in most cases as a "billboard."

Boarding house or dormitory

A. A residential use in which individual room(s) that do not meet the definition of a dwelling unit are rented for habitation by a total of two or more persons; or,
B. A dwelling unit includes greater than the permitted maximum number of unrelated persons.

A boarding house shall not include a use that meets the definition of: a hotel, dormitory, motel, life care center, personal care center, bed and breakfast use, group home or nursing home. A college fraternity or sorority house used as a residence shall be considered a type of boarding house. A boarding house may either involve or not involve the providing of meals to residents. This use shall only involve renting living accommodations for minimum periods of five consecutive days.

Boardinghouse

A. A residential use in which individual room(s) that do not meet the definition of a dwelling unit are rented for habitation by a total of two or more persons; or,
B. A dwelling unit includes greater than the permitted maximum number of unrelated persons.

A boarding house shall not include a use that meets the definition of: a hotel, dormitory, motel, life care center, personal care center, bed and breakfast use, group home or nursing home. A college fraternity or sorority house used as a residence shall be considered a type of boarding house. A boarding house may either involve or not involve the providing of meals to residents. This use shall only involve renting living accommodations for minimum periods of five consecutive days.

Building supplies, wholesale sales of

Bus terminal, intercity, as a principal use

Districts Where Allowed Districts where use is allowed: I-L

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
For regular scheduled service between metropolitan areas; bus stations and bus stops for local bus service and occasional charter service are not regulated by this chapter.

(1) Street access from the bus station to an arterial street or an expressway shall not require driving on a local street that is primarily residential.
(2) Shall provide an area for the loading and unloading of buses separate from required off-street parking areas, and a separate area for pick-up and drop-off of persons from private vehicles.
(3) May be an accessory use to a permitted shopping center or restaurant; provided, that the applicant proves to the Zoning Officer that there is adequate room for movements by the bus on the site or an adequate street shoulder for stops.

Business services

Car wash

Districts Where Allowed Districts where use is allowed: B-H, B-L, I-L

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(2) On-lot traffic circulation channels and parking areas shall be clearly marked.
(3) Adequate provisions shall be made for the proper and convenient disposal of refuse.
(4) Water used in the operation shall be collected and recycled, and shall not flow into any storm sewers or waterways.
(5) Water from the car wash operation shall not flow onto sidewalks or streets, to prevent hazards from ice.
(6) Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 9:00 p.m. and 7:00 a.m.
(7) Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.

Cemetery without crematorium

Land or buildings used for the burial of deceased humans, but not animals. The internment or scattering of remains of properly cremated humans is not regulated by this chapter.

Districts Where Allowed Districts where use is allowed: B-C, B-H, B-L, C-R, R-HO, R-L, R-M, R-P

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) Minimum lot area for any new cemetery: two acres.
(2) A crematorium, where allowed, shall be setback a minimum of 250 feet from all residential lot lines.
(3) All structures and graves shall be setback a minimum of 30 feet from all residential lot lines, 20 feet from the future right-of-way of any public street and 10 feet from the cartway of an internal driveway.
(4) No grave sites shall be located within the one-hundred-year floodplain.
(5) The applicant shall provide evidence that, in the determination of the Zoning Officer, the use will include an appropriate permanent system to ensure perpetual maintenance. Such determination shall be based upon a review by the Borough Solicitor.

Check cashing business

An establishment engaged primarily in the cashing of checks by individuals for the deferred deposit of personal checks whereby the check casher refrains from depositing a personal check written by a customer until a specific date; or the offering of a loan until a paycheck would be received by the person receiving the loan. This term shall not include any of the following: (a) a state or federally chartered bank, savings association, credit union, or industrial loan association, or (b) a retail store engaged primarily in selling or leasing items to retail customers and/or cashes a check for a fee not routinely exceeding 1% of the check amount as a service to its customers incidental to the retail store principal use.

College or university; education and support uses

Commercial forestry

The harvesting of more live trees with a trunk width of six inches or more at a height four feet above the average ground level that is allowed as a permitted by right use under § 27-515.

Commercial high-speed internet antenna

An antenna used solely for the transmission of a high-speed internet signal and for no other use, including, but not limited to, cellular telephone communications. This shall also include the accessory equipment used to operate the antennas. This definition does not include small wireless facilities (SWF) as separately defined and regulated in this chapter.

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) The antennas must be attached to either an existing commercial communications tower or an existing tall structure building of at least 50 feet in height. The building shall be non-residential or an apartment or other multi-family shall be non-residential or an apartment or other multi-family building. The antennas are not permitted on a single-family detached, single-family semi-detached or townhouse dwelling.
(2) The attachment to a structure or building shall not extend more than 15 feet above the highest point of the structure or building.
(3) Antennas on a building or structure shall be installed in a manner to blend with the building or structure as best possible and, if feasible, any accessory equipment shall be located in the building or structure's existing utility room building.

Commercial indoor recreation (includes bowling alley, roller/inine skating, batting practice and closely similar uses, but not including "amusement arcade")

Commercial outdoor recreation (includes miniature golf course, golf driving range)

A use that:

A. Has a total building coverage of less than 15%.
B. Is used principally for active or passive recreation (such as a driving range); and,
C. Is used for a profit-making purpose.

Communications antennas, commercial

Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service, or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antenna or amateur radio equipment, including, without limitation, HAM or citizen band radio antennas. This definition does not include small wireless facilities (SWF) as separately defined and regulated in this chapter.

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) If the antennae is not attached to a building:

(a) The antennae shall be setback a minimum distance equal to 2/3 of its height from all lot lines and existing street right-of-way lines; and,
(b) If the antenna will have a height greater than 65 feet above the natural ground level, it shall not be located in a residential district.

(2) The base of a freestanding antennae shall be surrounded by a secure fence with a minimum height of eight feet.
(3) Any freestanding antennae higher than 50 feet that is within 100 feet of a public street or dwelling shall be surrounded (except at the driveway crossing) by evergreen screening or preserved woods meeting the requirements of § 27-803.

Community center or library

A noncommercial use that exists solely to provide leisure and educational activities and programs to the general public or certain age groups. The use also may include the noncommercial preparation and/or provision of meals to low-income elderly persons. This shall not include residential uses or a "treatment center."

Community center, noncommercial or library

A noncommercial use that exists solely to provide leisure and educational activities and programs to the general public or certain age groups. The use also may include the noncommercial preparation and/or provision of meals to low-income elderly persons. This shall not include residential uses or a "treatment center."

Construction company headquarters/storage

Convenience store

A use that primarily sells routine household goods, groceries and prepared ready-to-eat foods to the general public, but that is not primarily a restaurant, and that includes a building with a floor area of less than 4,000 square feet. This use may also include the accessory sale of gasoline, provided the requirements for an "auto service station" are also met.

Conversion of an existing dwelling to an increased number of apartments

To change or adapt land or structures to a different use.

Conversion of an existing dwelling to an increased number of dwelling units

To change or adapt land or structures to a different use.

Conversion of an existing nonresidential principal building into dwelling units

To change or adapt land or structures to a different use.

Craft beverage production facility

A small, independent facility that manufactures craft beverages (as defined herein) and whose flavor derives from traditional or innovative ingredients, manufacturing techniques and their fermentation. In the case of malt or brewed beverages, the manufacture shall not exceed 40,000 barrels annually. Permitted activities of a craft beverage production facility may include what is commonly known as a "tasting room" for the purpose of tasting, or otherwise sampling, and promoting the sale of its craft beverages to consumers. A craft beverage production facility may offer its product for retail and wholesale distribution and shall meet all applicable licensing requirements of governmental agencies.

Districts Where Allowed Districts where use may be allowed as a Conditional Use: B-C, B-H, I-L

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
A craft beverage production facility, as defined herein, is a conditional use and as such shall meet all of the requirements of a conditional use under §§ 27-118 and 27-120 of this chapter as well as all other applicable ordinance requirements of the district(s) in which the use is located. For the purpose of parking, a craft beverage production facility shall meet, in addition to all other applicable requirements of Part 6 of this chapter, the specific parking requirements for a "tavern or nightclub," except that where the use is located in the Central Commercial (B-C) Zoning District, the parking regulations of § 27-602: General Regulations for Off-street Parking § 27-602(6), shall apply. In addition, and notwithstanding the definition, in the Central Commercial (B-C) Zoning District, a craft beverage production facility which manufactures in whole or in part malt or brewed beverages shall be limited to the production of 30,000 gallons of malt or brewed beverage product annually.

Craft beverage restaurant

A restaurant, which may include what is commonly known as a "tasting room," owned, operated and maintained by the owner(s) of a craft beverage production facility which, in addition to food, sells or dispenses craft beverages manufactured by the craft beverage restaurant owner or a craft beverage production facility in common ownership with the craft beverage restaurant owner. Such sales may include the sale of craft beverages for on-site and off-site consumption as well as off-site wholesale distribution. It is not necessary that the craft beverage be manufactured on site; however, the product may be manufactured on site and dispensed from storage tanks or other vessels directly to consumers. To constitute a craft beverage restaurant, the total beverage alcohol volume sold shall be in craft beverage product manufactured by the owner(s) of the craft beverage restaurant. A craft beverage restaurant shall meet all applicable licensing requirements of governmental agencies.

Districts Where Allowed Districts where use may be allowed as a Conditional Use: B-C, B-H, I-L

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
A craft beverage restaurant, as defined herein, is a conditional use and as such shall meet all of the requirements of a conditional use under §§ 27-118 and 27-120 of this chapter as well as all other applicable ordinance requirements of the district(s) in which the use is located. For the purpose of parking, the use shall meet, in addition to all other applicable requirements of Part 6 of this chapter, the specific parking requirements for a "restaurant"; except that where the use is located in the Central Commercial (B-C) Zoning District, the parking regulations of § 27-602: General Regulations for Off-street Parking, § 27-602(6) shall apply. In addition, and notwithstanding the definition, in the Central Commercial (B-C) Zoning District, a craft beverage restaurant which manufactures in whole or in part malt or brewed beverages shall be limited to the production of 30,000 gallons of malt or brewed beverage product annually.

Crematorium

Crop farming

The cultivating, raising and harvesting of products of the soil and the storage of these products produced on the premises. The definition of crop farming shall also include orchards and Christmas tree farms, but shall not include animal husbandry, commercial forestry, riding academies or kennels. If a crop farming lot includes more than 15 acres, it may also include the keeping of up to 10 additional animals as a permitted accessory use, in addition to what is permitted under the "keeping of pets" in § 27-403.

Crop storage, commercial as principal use

Cultural center or museum

A building and/or land open to the public which primarily contains exhibits of clearly artistic or cultural interest, such as a museum, library, art gallery or indoor nature study area. This shall not include uses that are primarily commercial in nature.

Custom crafts or artisan's studio

Day care center as a principal use

A use involving the supervised care of children under age 16 outside of the children's own home primarily for periods of less than 18 hours during the average day. This use may also include educational programs that are supplementary to state-required education, including a "nursery school." Any such use shall meet state licensing requirements, as applicable.
A type of "day care" use that provides care for seven or more children at any one time who are not relatives of the primary operator. See § 27-402. See also day care as an accessory use of a business under § 27-306(5).

Day-care center accessory to a place of worship

A use involving the supervised care of children under age 16 outside of the children's own home primarily for periods of less than 18 hours during the average day. This use may also include educational programs that are supplementary to state-required education, including a "nursery school."
A type of "day care" use that provides care for six or fewer children at one time who are not relatives of the care giver. See § 27-403.

Day-care center, adult

A use providing supervised care and assistance primarily to persons who are over age 60 and/or are not in good physical health, are suffering from Alzheimer's disease, are developmentally disabled and/or are physically handicapped, and who need such daily assistance because of such condition. This use shall not include persons who need oversight because of behavior that is criminal or violent to others. This use may involve occasional overnight stays, but shall not primarily be a residential use. The use shall involve typical stays of less than a total of 60 hours per week per person.

Day-care center, child as a principal use

A use involving the supervised care of children under age 16 outside of the children's own home primarily for periods of less than 18 hours during the average day. This use may also include educational programs that are supplementary to state-required education, including a "nursery school." Any such use shall meet state licensing requirements, as applicable.

A type of "day care" use that provides care for seven or more children at any one time who are not relatives of the primary operator. See § 27-402. See also day care as an accessory use of a business under § 27-306(5).

Distribution as a principal use

The processing of materials so as to sort out which finished goods are to be transported to different locations, and the loading and unloading of such goods. This use usually involves inventory control, material handling, order administration and packaging. This term shall not include a "trucking company terminal."

Emergency services station

A building for the housing of fire, emergency, medical, police equipment, and for related activities. This may include housing for emergency personnel while on call.

Exercise club

A facility that offers indoor or outdoor recreational facilities, such as the following: weight rooms, exercise equipment, nonhousehold pool and racquetball courts.

Financial institution, which may include drive-through service

An establishment primarily involved with loans and monetary, not material, transactions and that has routine interactions with the public.

Finishing of previously prepared resin, vinyl, polymer or rubber products

Flea market

Funeral home

Golf course

Districts Where Allowed Districts where use is allowed: B-H, C-R, R-L, R-M, R-P

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) The course shall be designed so that golf balls are highly unlikely to enter public streets or property that is not part of the golf course.
(2) A clubhouse, retail sales of golf supplies, nonhousehold swimming pool and/or restaurant may be permitted as an accessory use. Any building or swimming pool shall be located a minimum of 100 feet from any residential lot line, unless the owner of such lot grants a waiver in writing from such setback.
(3) Minimum lot area: 25 acres in a residential district.
(4) Any outdoor lighting shall be located and designed in such a way that it does not generate more light onto residential properties than what is customary in a residential neighborhood.
(5) Maximum building coverage: 5%.
(6) Maximum impervious coverage: 10%.
(7) Fairways and greens shall be setback a minimum of 30 feet from the lot line of any existing dwelling.

Group home within a permitted dwelling unit, not including a treatment center

The use of any lawful dwelling unit that meets all of the following criteria:

A. Involves the care of the maximum number of persons permitted by "group home" standards of § 27-402, and meets all other standards of such section.
B. Involves persons functioning as a common household.
C. Involves providing nonroutine support services and oversight to persons who need such assistance to avoid being placed within an institution, because of physical disability, old age, mental retardation or other "handicap"* as defined by applicable federal law.
D. Does not meet the definition of a "treatment center."
E. Does not involve the housing or treatment of persons who could reasonably be considered a threat to the physical safety of others.

NOTE: As of 1991, the Federal Fair Housing Act defined "handicap" as follows: "(1) a physical or mental impairment which substantially limits one or more of such person's major life activities; (2) a record of having such an impairment; or, (3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in § 802 of Title 21."

Heliport

An area used for the take-off and landing of helicopters, together with any related support facilities such as for maintenance, refueling and storage. This chapter is not intended to regulate the nonroutine emergency landing and take-off of aircraft to pick-up seriously injured or ill persons.

PUBLIC HELIPORT - A heliport that does not meet the definition of a private heliport.

PRIVATE HELIPORT - A heliport limited to a maximum total of 15 flights or take-offs in any seven-day-period and that is not available for use by the general public. This is also known as a helistop.

Home occupation

A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building that:

A. Is conducted primarily by a permanent resident of the dwelling.
B. Meets the definition, standards and limitations of a "general home occupation" or a "light home occupation" within the following definitions and § 27-403.
C. Only includes uses that are clearly incidental and secondary to the principal residential use.
D. Does not include any retail or wholesale sales on the premises (other than over the phone and through the mail) nor any industrial use (other than custom crafts and sewing).
E. Specifically does not include the following: hotel, motel, nursing home, boarding house, restaurant, stable, kennel, auto repair, retail sales, painting of vehicles, tractor repair, lawn mower and engine repair, manufacturing (other than custom crafts) or bulk welding.

GENERAL HOME OCCUPATION - A type of "home occupation" that:

A. Only involves persons working on the premises who are permanent residents of the dwelling plus a maximum of one nonresident working on the premises at any one point in time.
B. Does not meet the definition and standards of a "light home occupation."
C. Meets the standards of § 27-403.

NOTE: This use typically requires approval by the Zoning Hearing Board under Part 3.
LIGHT HOME OCCUPATION - A type of "home occupation" that:

A. Only involves persons working on the premises or routinely operating from the premises who are permanent residents of the dwelling.
B. Does not involve more persons regularly entering and exiting the premises for business purposes other than specified in § 27-403, but instead primarily involves the operator visiting clients at their home or business.
C. Is limited to only the following types of activities:

(1) Office-type work (such as writing, editing, drafting, tax preparation, computer programming and computer data inputting).
(2) Clerical work (such as typing, stenography, addressing and sending mail).
(3) Custom sewing and fabric crafts.
(4) Creation of visual arts (such as painting, sculpture or wood carving).
(5) The receiving of phone calls and the keeping of files on the site.
(6) Sales and surveys over the phone.

D. Meets the standards of § 27-403.

NOTE: This use typically does not require Zoning Hearing Board approval under Part 3.

Home occupation, general

GENERAL HOME OCCUPATION - A type of "home occupation" that:

A. Only involves persons working on the premises who are permanent residents of the dwelling plus a maximum of one nonresident working on the premises at any one point in time.
B. Does not meet the definition and standards of a "light home occupation."
C. Meets the standards of § 27-403.

NOTE: This use typically requires approval by the Zoning Hearing Board under Part 3.

Home occupation, light

LIGHT HOME OCCUPATION - A type of "home occupation" that:

A. Only involves persons working on the premises or routinely operating from the premises who are permanent residents of the dwelling.
B. Does not involve more persons regularly entering and exiting the premises for business purposes other than specified in § 27-403, but instead primarily involves the operator visiting clients at their home or business.
C. Is limited to only the following types of activities:

(1) Office-type work (such as writing, editing, drafting, tax preparation, computer programming and computer data inputting).
(2) Clerical work (such as typing, stenography, addressing and sending mail).
(3) Custom sewing and fabric crafts.
(4) Creation of visual arts (such as painting, sculpture or wood carving).
(5) The receiving of phone calls and the keeping of files on the site.
(6) Sales and surveys over the phone.

D. Meets the standards of § 27-403.

NOTE: This use typically does not require Zoning Hearing Board approval under Part 3.

Hospital

A use involving the diagnosis, treatment or other medical or hospice care of humans that includes, but is not limited to, care requiring stays overnight. A medical care use that does not involve stays overnight shall be considered a "medical office or clinic." See § 27-402, which describes uses permitted in conjunction with a hospital.

Districts Where Allowed Districts where use is allowed: B-H

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) The use shall be served by at least two accessways or driveways with a minimum width of 20 feet. One of these accesses shall be from an arterial or collector street. The second access may be limited to emergency vehicles.
(2) Reasonable consideration shall be given to design methods that may be able to minimize serious noise conflicts from emergency sirens in the vicinity of a residential district.
(3) Minimum lot area: three acres.
(4) See definition in Part 2.

Incineration, reduction, distillation, storage or dumping of slaughterhouse refuse, rancid fats, garbage, bones, dead animals)

Indoor manufacture and/or bulk processing of agricultural chemicals, fertilizers or pesticides

Indoor manufacture and/or bulk processing of cement, actual manufacture of

Indoor manufacture and/or bulk processing of apparel, textiles, shoes and apparel accessories

Indoor manufacture and/or bulk processing of cement, gypsum, concrete or plaster products, other than actual manufacture of cement

Indoor manufacture and/or bulk processing of ceramics products

Indoor manufacture and/or bulk processing of chemical products that are not highly hazardous or toxic, other than fertilizers or pesticides

Indoor manufacture and/or bulk processing of chemicals, bulk manufacture or bulk storage of highly hazardous or toxic chemicals

Indoor manufacture and/or bulk processing of coke or potash work, including coke oven

Indoor manufacture and/or bulk processing of creosote, including treatment with

Indoor manufacture and/or bulk processing of electrical and electronic machines, supplies and equipment

Indoor manufacture and/or bulk processing of explosives, fireworks, ammunition or gunpowder or bulk storage of (except government facility)

Indoor manufacture and/or bulk processing of fabricated metal products (except ammunition or explosives)

Indoor manufacture and/or bulk processing of food products

Indoor manufacture and/or bulk processing of furniture and wood products (not including raw paper pulp)

Indoor manufacture and/or bulk processing of glass and glass products

Industrial equipment sales, rental and service, other than vehicles primarily intended to be operated on public streets

Junk - outdoor storage, display or processing of, other than within an approved junkyard or solid waste disposal area

Any discarded, unusable, scrap or abandoned man-made or man-processed material or articles, such as the following types: metal, furniture, appliances, motor vehicle parts, aircraft, glass, plastics, machinery, equipment, containers and building materials other than materials permitted under § 27-306(5). Junk shall not include: (a) solid waste that is temporarily stored as is customary in an appropriate container that is routinely awaiting collection and disposed of in a manner consistent with state regulations; (B) toxic wastes; (C) grass clippings, leaves or tree limbs; or, (D) items clearly awaiting imminent recycling at an approved recycling use.

Junkyard

A. Land or a structure used for the collection, storage, dismantling, processing and/or sale, other than within a completely enclosed building, of material of one or more of the following types:

(1) "Junk." (See definition).
(2) A greater number of junk vehicles than is permitted under this chapter or other Borough ordinances that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles allowed to be stored within the specific requirements of an auto repair garage or auto service station.
(3) One or more mobile/manufactured homes that are not in a habitable condition.

B. Junk stored within a completely enclosed building for business purposes shall be considered a warehouse and shall be regulated as a warehouse.

Kennel

The keeping of a greater number of dogs or cats on a lot or within a dwelling unit beyond that number permitted under the "Keeping of Pets" or the "Crop Farming" provisions of this chapter. A nonprofit animal shelter is a type of kennel.

Districts Where Allowed Districts where use is allowed: I-L

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) All buildings in which animals are housed and all runs shall be located at least 150 feet from all residential lot lines and 30 feet from all other lot lines.
(2) Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent dwelling.
(3) No animal shall be permitted to use outdoor runs from 8:00 p.m. to 8:00 a.m. that are within 300 feet of an existing dwelling. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking.
(4) See state law regulating kennels.
(5) A kennel may be used for breeding.
(6) Minimum lot area: two acres.
(7) An evergreen screen meeting the requirements of § 27-803 shall be required between any outdoor animal runs and any residential lot line.

Laundry/laundromat, commercial or industrial

Liquid fuel storage, bulk

Low-rise apartments

Three or more dwelling units within a building that are separated by only horizontal floors or by a combination of horizontal floors and vertical walls (see definition of "townhouses"). This shall include buildings with a maximum height of 3 1/2 stories or 35 feet, whichever is lesser. The individual dwelling units may be leased or sold for condominium ownership.

Lumberyard

Manufacture and/or bulk processing of jewelry and opitcal goods

Manufacture and/or bulk processing of leather, clay and potter products

Manufacture and/or bulk processing of manufactured or modular housing

Manufacture and/or bulk processing of metal products, primary

Manufacture and/or bulk processing of microelectronic components

Manufacture and/or bulk processing of paper and cardboard products (not including manufacture of paper pulp)

Manufacture and/or bulk processing of paper, raw or paper pulp

Manufacture and/or bulk processing of paving or roofing materials, other than bulk manufacture of asphalt

Manufacture and/or bulk processing of petroleum or kerosene refining or distillation

Manufacture and/or bulk processing of pharmaceutical

Manufacture and/or bulk processing of plastics, polymers, resins, or vinyl

Manufacture and/or bulk processing of products from previously manufactured materials, such as glass, leather, plastics, cellophane, textiles, rubber or synthetic rubber

Manufacture and/or bulk processing of rubber, natural or synthetic

Manufacture and/or bulk processing of scientific, electronic and other precision instruments

Manufacture and/or bulk processing of soaps, detergents, paints, varnishes or enamels

Manufacture and/or bulk processing of tar, including tar distillation

Manufactured home park

A parcel of land under single ownership which has been planned and improved for the placement of two or more manufactured homes for nontransient residential use. The individual manufactured homes may be individually owned. A development of manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes, and shall not be considered to be a "manufactured home park."

Medical marijuana academic clinical research center

Medical marijuana dispensaries

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health (hereinafter named "DOH") of the commonwealth to dispense medical marijuana.

Medical marijuana grower/processor

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the DOH to grow and process medical marijuana.

Medical marijuana transport office

Any facility used to house delivery vehicles for supplying marijuana plants or seeds to one or more marijuana growers/processors and/or dispensaries.

Medical office or clinic

A use involving the treatment and examination of patients by state-licensed physicians or dentists; provided, that not patients shall be kept overnight on the premises. This use may involve the testing of tissue, blood or other human materials for medical or dental purposes.

Membership club

An area of land or building used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that are limited to members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public and which is not primarily operated as a for-profit business. The club shall involve a meaningful and substantial membership system, as opposed to a token boarding house, a tavern, a restaurant or an auditorium unless that particular use is permitted in that district and the requirements of that use are met. See also "after hours club."

Mid-rise apartments with a maximum of 6 stories

Three or more dwelling units within a building that is higher than 35 feet or 3 1/2 stories, and less than six stories (whichever is less).

Mineral extraction

Motel or hotel

A building or buildings including rooms rented out to persons as clearly transient and temporary living quarters. Any such use that customarily involves the housing of persons for periods of time longer than 30 days shall be considered a "boarding house" and shall meet the requirements of that use. See also "bed and breakfast" use. A hotel or motel may include a restaurant, nightclub, newsstand or tavern; provided, that such uses are clearly accessory to the principal use of overnight accommodations.

Nature preserve

A noncommercial preservation of land for providing wildlife habitats, forests or scenic natural features that involves no buildings other than a nature education and/or study center and customary maintenance buildings.

Nursing home or personal care center

A facility licensed by the state for the housing and intermediate or fully-skilled nursing care of three or more persons.

Districts Where Allowed Districts where use is allowed: B-H, B-L

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) Licensing - see definition in Part 2.
(2) A minimum of 10% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.
(3) The density shall not exceed more than one resident or bed per 100 square feet of total lot area.
(4) Setback. Principal and accessory buildings shall be setback a minimum of 20 feet from a residential lot line.

Office

A use that involves administrative, clerical, financial, governmental or professional operations and operations of a similar character. This use shall include neither retail nor industrial uses, but may include business offices, medical or dental offices, clinics or laboratories, photographic studios and/or television or radio broadcasting studios.

Office, personal services use, custom craftsmaking or artisan's studio

Package delivery services distribution center

Packaging as a principal industrial use

Parking Lot

Off-street parking and aisles for vehicles unless otherwise stated.

Personal services (includes tailoring, custom dressmaking, haircutting/styling, dry-cleaning, shoe repair and closely similar uses)

An establishment that provides a service oriented to personal needs of the general public and which does not involve primarily retail or wholesale sales or services to businesses. Personal services include barber and beauty shops, state-licensed massage therapists, photography studios, shoe repair shops, household appliance repair shops, and other similar establishments, but shall not include any "adult uses."

Photo processing, bulk

Picnic grove, private

Place of worship

Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship and that are operated for nonprofit and noncommercial purposes. A place of worship may include one dwelling unit as an accessory use. If a religious use is primarily residential in nature, it shall be regulated under the appropriate "dwelling type."

Districts Where Allowed Districts where use is allowed: B-C, B-H, B-L, C-R, R-HO, R-L, R-M, R-P

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:

(1) Minimum lot area: 30,000 square feet.
(2) 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 as long as 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.
(3) One dwelling unit may be accessory to a place of worship on the same lot.
(4) The use of any building for worship by a maximum of six persons, who are not related, at any point in time is not regulated under this chapter, and is permitted by right in all districts.

Additional requirements for Place of Worship as a specific principal use:

(1) Minimum lot area: 20,000 square feet.
(2) A single dwelling unit may be an accessory use, provided that it is located on the same lot as the place of worship.
(3) Additional accessory uses include classrooms for religious education or instruction, meeting or fellowship facilities, kitchen, indoor/outdoor gymnasium or recreation area, child or elderly day care, stage or theater and parking lot. All accessory uses authorized hereunder shall be for the exclusive use of members of the place of worship or their guests or visitors and shall be made available solely for noncommercial use and without consideration or stipends of any kind.
(4) Accessory uses identified in Subsection 1II(3), above, may be made available to persons, groups or other entities for commercial purposes or consideration; provided that the place of worship shall first obtain conditional use approval for such accessory use or uses pursuant to § 27-118: Conditional Use Process of this chapter. In addition to the standards set forth in § 27-118: Conditional Use Process , the Borough Council may consider the following:

(a) Availability of on-site parking;
(b) Hours of operation;
(c) Exterior lighting;
(d) Solid waste handling;
(e) Kitchen use and impact on the sanitary sewer system; and
(f) Alcohol.

(5) Each use authorized hereunder shall be subject to the requirement that it be customarily incidental to and subordinate to the place of worship.
(6) Noncommercial buses used primarily to transport persons to and from the place of worship in connection with a religious service or event or a permitted school on the same lot shall be permitted to be parked on the lot.

Plant nursery (which may include retail sales)

The indoor and/or outdoor raising of trees, plants, shrubs or flowers for sale, but not primarily including commercial forestry for lumber. A plant nursery may include the growth of trees for sale for internal decoration of homes, such as a Christmas tree farm.

Districts Where Allowed Districts where use is allowed: B-H, B-L, I-L

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) Evergreen screening and buffer yards are not required around the outdoor storage of trees or shrubs.
(2) The only retail sales that shall be permitted shall be trees and plants that were primarily grown upon the lot and clearly customary and accessory sales of closely related items (such as mulch, topsoil and tools) unless retail sales or a retail store are specifically permitted in the district.
(3) Minimum lot area: 15,000 square feet if there is any retail sales within a primarily residential district.

Plant nursery not including retail sale of items not primarily grown on the premise

The indoor and/or outdoor raising of trees, plants, shrubs or flowers for sale, but not primarily including commercial forestry for lumber. A plant nursery may include the growth of trees for sale for internal decoration of homes, such as a Christmas tree farm.

Districts Where Allowed Districts where use is allowed: C-R, R-HO, R-L, R-M, R-P

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) Evergreen screening and buffer yards are not required around the outdoor storage of trees or shrubs.
(2) The only retail sales that shall be permitted shall be trees and plants that were primarily grown upon the lot and clearly customary and accessory sales of closely related items (such as mulch, topsoil and tools) unless retail sales or a retail store are specifically permitted in the district.
(3) Minimum lot area: 15,000 square feet if there is any retail sales within a primarily residential district.

Printing and bookbinding

Public utility facility

Publicly-owned recreation

Land and/or facilities that are owned by a government agency or the Borough and are available for use by the general public for leisure and recreation.

Raising of livestock as a principal use

The raising and keeping of livestock, poultry or insects for any commercial purposes or the keeping of any animals for any reason beyond what is allowed under the "Keeping of Pets" section of § 27-403 and beyond what is allowed within the definition of "crop farming." The raising of livestock shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) Minimum lot area: seven acres.
(2) Any newly developed indoor area used for the keeping of animals or indoor or outdoor manure storage areas or feeding areas that are part of a raising of livestock use shall be located a minimum of 250 feet from the following: lot lines of existing dwellings (except the dwelling of the operator of the livestock use), undeveloped residentially zoned lots, existing restaurants and existing office uses and a minimum of 100 feet from all other exterior lot lines.
(3) Any additions to an existing indoor area used for the raising of livestock or indoor or outdoor manure storage areas or feeding areas that are part of raising of livestock use shall be located a minimum of 200 feet from the lot lines of existing dwellings (except the dwelling of the operator of the livestock use) and undeveloped residentially zoned lots.
(4) Any area used for the keeping of animals as part of a raising of livestock use that is not regulated by the standards of subsections (2) and (3), above, shall be separated by a fence or wall and setback 50 feet from any lot line of an existing dwelling or an undeveloped residentially zoned lot.
(5) The keeping of minks or garbage-fed pigs shall be setback a minimum of 300 feet from all lot lines.

Recycling center, bulk industrial (other than a solid waste disposal or transfer facility

A use for collection and temporary storage of more than 500 pounds of common household materials for recycling, but that does not involve processing or recycling, other than routine sorting, baling, and weighing of materials. This term shall not include the indoor storage of less than 500 pounds of household recyclable and their customary collection, which is permitted by right, accessory use in all zoning districts, without additional regulations. A recycling collection center is also a permitted by right accessory use to a public or private primary or secondary school, a place of worship, a Borough-owned use, an emergency services station, or a college or university.

Recycling collection center

A use for collection and temporary storage of more than 500 pounds of common household materials for recycling, but that does not involve processing or recycling, other than routine sorting, baling, and weighing of materials. This term shall not include the indoor storage of less than 500 pounds of household recyclable and their customary collection, which is permitted by right, accessory use in all zoning districts, without additional regulations. A recycling collection center is also a permitted by right accessory use to a public or private primary or secondary school, a place of worship, a Borough-owned use, an emergency services station, or a college or university.

Repair of household Items

Shops for the repair of appliances, watches, televisions, guns, bicycles and other items commonly used in the inside of dwellings or offices.

Research and development, engineering or testing facility or laboratory, not involving manufacture of toxic substances

Restaurant, fast-food (including a use primarily involving delivery of ready-to-eat food)

A. An establishment that sells ready to consume food or drink, that routinely involves the consumption of at least a portion of such food on the premises, and that does not meet the definition of a "standard restaurant".
B. A fast food restaurant may include the accessory sale of alcoholic beverages. However, if such sale is a primary or substantial portion of the total trade, the requirements of a "tavern" or nightclub, as applicable, must be met.
C. A drive-in or drive-through restaurant includes any restaurant where at least a portion of patrons order and are served food and non-alcoholic drinks while seated in their vehicles for consumption outside the confines of the principal building or vehicles parked upon the premises.
D. A use meeting the definition of a "nightclub" shall not be considered a restaurant.

Districts Where Allowed Districts where use is allowed: B-H, B-L

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) Dumpster screening and waste containers - see § 27-513.
(2) If a drive-through is provided, a maximum of two outdoor menu boards are permitted, beyond the signs normally permitted, with a maximum sign area of 40 square feet each, if the words on such signs are not readable from beyond the lot line.
(3) Traffic circulation onto, within and off of the lot shall be clearly marked. A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site.

Restaurant, standard

A. An establishment that serves ready-to-consume food or drink for compensation in which the clear majority of sales involve the following: the customers order their food from a waiter or waitress while seated inside a building and then the food is delivered to the customer's table while the customers are seated and then the food is consumed at the table.
B. A standard restaurant may include the accessory sale of alcoholic beverages. However, if such sale is a primary or substantial portion of the total trade, the requirements of a "tavern" must be met.
C. A use meeting the definition of a "nightclub" shall not be considered a restaurant.

Districts Where Allowed Districts where use is allowed: B-C, B-H, B-L

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) Dumpster screening and waste containers - see § 27-513.
(2) If a drive-through is provided, a maximum of two outdoor menu boards are permitted, beyond the signs normally permitted, with a maximum sign area of 40 square feet each, if the words on such signs are not readable from beyond the lot line.
(3) Traffic circulation onto, within and off of the lot shall be clearly marked. A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site.

Retail sales, temporary or seasonal

A use in which merchandise is sold or rented to the general public, but not including the following: sales of motor vehicles or boats, adult movie theater, adult bookstore, manufacturing, tavern, car wash, auto service station, auto repair garage, convenience store or any restaurant.

Retail store

A use in which merchandise is sold or rented to the general public, but not including the following: sales of motor vehicles or boats, adult movie theater, adult bookstore, manufacturing, tavern, car wash, auto service station, auto repair garage, convenience store or any restaurant.

Sanitary landfill

A type of "solid waste disposal area" involving the depositing of solid waste on land, compacting the waste, covering the waste with soil and then compacting the soil, and which has a permit to operate as a sanitary landfill from the state.

Sawmill/planing mill

School, public or private

An educational institution primarily for persons between the ages of five and 19 that primarily provides state-required or largely state-funded educational programs. This term shall not include "trade schools" (such as privately operated schools of trade, vocation or business).

Districts Where Allowed Districts where use is allowed: B-H, B-L, C-R, R-HO, R-L, R-M, R-P

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) Minimum lot area: 30,000 square feet, unless a larger acreage is required by another section of this chapter.
(2) No children's play equipment, basketball courts or illuminated recreation facilities shall be within 25 feet of a residential lot line.
(3) The use shall not include a dormitory unless specifically permitted in the district.

Self-storage development

A building or group of buildings divided into individual separate access units which are rented or leased for the storage of personal and small business property.

Single-family cluster development

A residential development meeting all of the requirements of § 27-308.

Single-family detached dwelling (including manufactured homes)

One dwelling unit in one building accommodating only one family and having open areas on all sides.

Single-family semidetached dwelling (1/2 of twin)

One dwelling unit accommodating one family that is attached to and completely separated by a vertical unpierced fire resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. This use is commonly known as 1/2 of a duplex. Each unit may or may not be on a separate lot.

Single-family semi-detached dwelling (twin)

One dwelling unit accommodating one family that is attached to and completely separated by a vertical unpierced fire resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. This use is commonly known as 1/2 of a duplex. Each unit may or may not be on a separate lot.

Slaughterhouse or stockyard

A use involving the killing of animals for the production of food or some other commercial product. A commercial stockyard or similar facility that primarily involves the bulk storage or transferring of animals on the way to slaughter shall also be considered a slaughter house. This shall not include a custom "butcher shop" that does not involve killing of animals (which is a retail sales use).

Small Wireless Facility (SWF)

Facilities that meet each of the following conditions:

A. The facilities:

(1) Are mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR Section 1.1320(d); or
(2) Are mounted on structures no more than 10% taller than other adjacent structures; or
(3) Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater.

B. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 CFR Section 1.1320(d)), is no more than three cubic feet in volume;
C. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
D. The facilities do not require antenna structure registration under part 47 CFR Part 17;
E. The facilities are not located on Tribal lands, as defined under 36 CFR Section 800.16(x); and
F. The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR Section 1.1307(b).

Districts Where Allowed Districts where use is allowed: B-C, B-H, B-L, C-R, I-L, R-HO, R-L, R-M, R-P

Development Requirements:
The installation and/or operation of small wireless facilities shall be permitted uses in all Borough Zoning Districts subject to the following requirements:

(1) SWF Collocation. The placement or installation of SWF shall be collocated on previously approved and constructed SWF structures that can safely support the placement or installation of SWF.
(2) Permits. An applicant shall submit for review and approval an application, and procure, pursuant to § 27-107, relating to certificates and permits, a permit and any other applicable permits and pay all applicable fees incidental thereto for each SWF to be installed or placed in connection with the collocation requirements of Subsection (1), above.
(3) The improvement, upgrade or expansion of existing SWF or base stations on an existing SWF structure or the improvement, upgrade or expansion of SWF located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the SWF structure or compound, shall be permitted, subject to the requirements of applicable laws and regulations and compliance with the application and permit requirements of Subsection (2), above.
(4) Aesthetics.

(a) An applicant hereunder shall meet and discuss with the Borough Zoning or other Code Enforcement Officer any aesthetic issues for a particular location raised in the review of the application, consistent with applicable law.
(b) Aesthetics requirements imposed hereunder shall be reasonable, no more burdensome than those applied to other types of infrastructure deployments, incorporate clearly defined and ascertainable standards and objective. Aesthetic requirements shall be applied in a principled manner and be published in advance of the application by ordinance or resolution of Council.

Solid waste to energy plant

A type of "solid waste disposal facility" that utilizes waste (such as trash, sludge or any other nonhazardous commercial, residential or industrial materials) as a fuel to produce usable energy (such as steam or electricity) in bulk to be marketed for reuse to offset disposal costs. Also see the definitions of each of these terms in Title 25 of Pennsylvania Department of Environmental Protection regulations.

Solid waste transfer facility

A type of "solid waste disposal facility" which receives and temporarily stores solid waste at a location other than the generation site, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal, and which may or may not involve the separation of recyclables from solid waste. Also see the definitions of each of these terms in Title 25 of Pennsylvania Department of Environmental Protection regulations.

Stable, nonhousehold

Keeping of more than two horses, which may include a commercial or private riding club. The housing of one or two horses shall be considered an accessory use under the "keeping of pets" (see § 27-403).

Swimming pool, nonhousehold

A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that does not meet the definition of a "house-hold" swimming pool. This includes:

(A) A "semi-public" pool that serves only residents of a development or members of a club and their occasional guests; or,
(B) A "public" pool intended to serve the general public. See also the provisions for "recreational facilities" limited to use by employees of a use or residents of a development as an accessory use, which may include a swimming pool, at the end of § 27-306.

See also the provisions for "recreational facilities" limited to use by employees of a use or residents of a development as an accessory use, which may include a swimming pool, at the end of § 27-306.

Districts Where Allowed Districts where use is allowed: B-H, C-R, I-L, R-HO, R-L, R-M, R-P

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) The water surface shall be setback at least 50 feet from any existing dwelling.
(2) Minimum lot area: 1.5 acres.
(3) Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by evergreen screening meeting the requirements of § 27-803.
(4) The water surface shall be surrounded by a secure, well-maintained fence at least six feet in height.
(5) Water Service. Any inlet from a central water system shall be above the overflow level of the pool.
(6) Nuisances. A pool shall not include illumination of adjacent residential properties beyond what is customary in a residential neighborhood. A pool shall also not include the playing of a radio or recorded music at a volume louder than is necessary for the convenient hearing of persons at the pool.

Target range, firearm, not completely indoor and enclosed (indoor enclosed target ranges are a type of commercial indoor recreation)

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) All target ranges shall have a barrier behind the target area which is of sufficient height and thickness that is more than adequate to protect the public safety. This barrier shall be made of earth for an outdoor firearms range.
(2) An outdoor firearms target range shall comply with National Rifle Association standards and other applicable federal, state and local regulations.
(3) An outdoor firearms target range shall be located a minimum of 500 feet from a residential lot line.
(4) An outdoor firearms target range shall be fenced and be properly posted.
(5) The applicant shall show that the noise limits of Part 5 will be met.
(6) An indoor firearms target range shall be adequately ventilated to allow the building to remain completely enclosed.

Tavern

A place where alcoholic beverages are served as a primary or substantial portion of the total trade and which does not meet the definition of a "nightclub" or an "after-hours club." The sale of food may also occur. See also the definition of restaurant.

Theater as a principal use

A building or part of a building devoted to the showing of motion pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in theater or adult movie theater.

Tire retreading

Townhouse

One dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. Townhouses are also commonly referred to as "row houses" or "single-family attached dwellings."

Trade school

A facility that is primarily intended for education of a work-related skill or craft or a hobby and that does not primarily provide state-required education to persons under age 16. This shall include a dancing school, martial arts school or ceramics school.

Transportation equipment

Treatment center

A use (other than a prison or a permitted accessory use in a "hospital") providing housing facilities for persons who need specialized housing, treatment and/or counseling for stays of less than one year and who need such facilities because of:

A. Criminal rehabilitation, such as a criminal half-way house or a treatment/housing center for persons convicted of driving under the influence of alcohol; or,
B. Addiction to alcohol and/or a controlled substance; or,
C. A type of mental illness or other behavior that could cause a person to be a threat to the physical safety of others.

Districts Where Allowed Districts where use is allowed: B-L

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) The applicant shall provide a written description of all types of residents the use is intended to include over the life of the permit. Any future additions or modifications to this list shall require approval of the Zoning Hearing Board as a special exception.
(2) The applicant shall prove, with the full burden of proof upon the applicant, to the satisfaction of the Zoning Hearing Board that such use will involve adequate supervision and security measures to protect public safety.
(3) The Zoning Hearing Board may place conditions on the use as necessary to protect public safety, including conditions on the types of residents and security measures.

Trucking company terminal

A use involving a large variety of materials, including materials owned by numerous corporations, being transported to a site to be unloaded primarily from tractor-trailer trucks and reloaded onto tractor-trailer trucks, and that does not involve substantial processing or repackaging of the materials.

A. A use that primarily involves either loading materials from tractor-trailers onto smaller trucks or loading materials from smaller trucks onto tractor-trailers shall be considered a "distribution" use.
B. A trucking company terminal may include the following as clearly accessory uses if they are closely related to the principal use: repair, washing, refueling and maintenance facilities for trucks using the terminal, administrative uses for the terminal and rest facilities for truck drivers using the terminal.

Two-family detached dwelling

Two dwelling units accommodating one family each, with both dwelling units within a single building on a single lot, and without the dwelling units being completely separated by a vertical wall. The building shall have two side yards.

U.S. postal service facility

Unit for care of relative within a lawful existing dwelling unit

A living area especially created for and limited to occupancy by a "relative" (see definition) of the permanent residents of the principal dwelling unit. Such unit shall be restricted to a person or two persons who need such care and supervision because of old age, developmental disability, physical illness, physical handicap or mental illness that does not threaten physical harm to others. See standards in § 27-403.

Uses owned by the Borough or a Borough Authority

Veterinarian office

A building routinely used for the treatment of animals and related housing or boarding of sick animals. Treatment of "small animals" includes only small domestic animals, including but not limited to dogs, cats, rabbits, birds or fowl. Treatment of "large animals" includes all types of animals including horses, cows and pigs. Housing primarily healthy animals shall be considered a "kennel" and shall meet the requirements of that use.

Districts Where Allowed Districts where use is allowed: B-C, B-H, B-L, I-L

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) Minimum lot area: 10,000 square feet, unless a more restrictive requirement is established by another section of this chapter.
(2) Any structure in which animals are treated or housed shall be a minimum of 60 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.
(3) 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.
(4) A commercial kennel shall only be an accessory and not a principal use, unless a kennel is permitted in that district and the applicable requirements are met.

Warehousing as a principal use

A building or group of buildings primarily used for the indoor storage, transfer and distribution of products and materials, but not including retail uses or a truck terminal, unless such uses are specifically permitted in that zoning district.

Districts Where Allowed Districts where use is allowed: I-L

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) See off-street loading requirements in § 27-605.
(2) No storage of trash, garbage, refuse, highly explosive or flammable materials, hazardous or highly toxic substances, animals, animal carcasses or similar items shall be permitted.
(3) Uses that would involve the entrance to the use of an average of more than 100 tractor-trailers per weekday shall be required to meet the additional standards in this section for a trucking company terminal.
(4) See requirements in § 27-403 for "Outdoor Storage or Display."

Welding shop

Wholesale sales

Sales that primarily involve transactions with other businesses and their agents and not to the general public.

Districts Where Allowed Districts where use is allowed: B-H, B-L, I-L

Vehicle Parking:
Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:
(1) See off-street loading requirements in § 27-605.
(2) No storage of trash, garbage, refuse, highly explosive or flammable materials, hazardous or highly toxic substances, animals, animal carcasses or similar items shall be permitted.
(3) Uses that would involve the entrance to the use of an average of more than 100 tractor-trailers per weekday shall be required to meet the additional standards in this section for a trucking company terminal.
(4) See requirements in § 27-403 for "Outdoor Storage or Display."

Borough of Emmaus, PA

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