Article 5 Uses

Use table.

Table 660-4 identifies the principal uses allowed within the zones established by this chapter.

Interpreting the use table.

Use classification system. Uses are listed in the first column of the use tables. These uses are further described in the remaining sections of this article.

(2)

Permitted. Uses identified with a "•" symbol are permitted as-of-right in the subject zone.

(3)

Special exception. Uses identified with a "○" symbol are allowed only if reviewed and approved in accordance with the special exception procedures of § 660-115.

(4)

Permitted above, below, or at rear of ground story. Uses identified with a "◓" symbol are permitted as-of-right in the subject zone but only when located above or below the ground story or in the rear of the ground story at least 20 feet behind the front facade.

(5)

Permitted in limited area. Uses identified with a "◐" symbol are permitted as-of-right in the subject zone if such use occupies a lot with frontage on a mixed-use corridor (as defined in § 660-144). If the subject lot does not have frontage on a mixed-use corridor, such use is limited to the ground story of the subject building and may not occupy more than 25% of the building's ground story area (i.e., building footprint). This 25% building footprint limitation may be waived if approved in accordance with the special exception procedures of § 660-115.

(6)

Special exception on mixed-use corridor. Uses identified with a "◔" symbol are allowed only on lots with frontage on a mixed-use corridor and only if reviewed and approved in accordance with the special exception procedures of § 660-115.

(7)

Prohibited. Uses identified with a "—" are prohibited in the subject zone. Uses that are not listed in the table and that cannot be reasonably interpreted to fall within any defined use category or subcategory (as stated in § 660-35D) are also prohibited.

(8)

Accessory uses. Many customary accessory uses and structures are allowed in conjunction with principal uses. The use table does not list these accessory uses. See Article 6 for regulations.

Table 660-4. Use Table
					Zones
	MX-				GX-			N						I			P
	D	C	S	N	D	C	N	NX	N1	N2	N3	N4	N5	IX	IG	IM	P1	P2	Description and Additional Regulations
RESIDENTIAL (See § 660-36)
Household Living
Household Living	◓	◓	◓	◓	•	•	•	•	•	•	•	•	•	—	—	—	—	—	§ 660-36A
Adaptive Reuse	○	○	○	○	○	○	○	—	—	—	—	—	—	—	—	—	—	—	§ 660-36A
Number of Allowed Units per Building	Regulated by building type (see Article 4)
Student Residence	Regulated only within the Student Residence Overlay (SRO) Zone (see § 660-10)																		§ 660-36B
Group Home
Small	—	—	—	—	○	○	○	○	○	○	○	○	○	—	—	—	—	—	§ 660-36C
Large	—	—	—	—	—	○	○	○	○	○	—	—	—	—	—	—	—	—	§ 660-36C
Congregate living
Dormitory	◓	◓	◓	—	•	◔	—	—	—	—	—	—	—	—	—	—	—	•	§ 660-36D
Drug or alcohol rehabilitation facility	—	—	—	—	—	◔	—	—	—	—	—	—	—	—	—	—	—	○	§ 660-36D
Fraternity or sorority	—	—	—	—	—	◔	—	—	—	—	—	—	—	—	—	—	—	•	§ 660-36D
Halfway house	—	—	—	—	—	◔	—	—	—	—	—	—	—	—	—	—	—	○	§ 660-36D
Nursing home	—	◓	◓	○	—	○	○	○	○	○	—	—	—	—	—	—	—	•	§ 660-36D
Personal care home	—	◓	◓	○	—	○	○	○	○	○	—	—	—	—	—	—	—	•	§ 660-36D
Rooming or boarding house	—	—	—	—	—	○	—	—	—	—	—	—	—	—	—	—	—	○	§ 660-36D
Temporary shelters	—	—	—	—	—	◔	—	—	—	—	—	—	—	—	—	—	—	○	§ 660-36D
Other congregate living arrangements	—	—	—	—	—	◔	—	—	—	—	—	—	—	—	—	—	—	○	§ 660-36D
COMMERCIAL (See § 660-37)
Adult Use	—	—	—	—	—	—	—	—	—	—	—	—	—	○	—	—	—	—	§ 660-37A
Animal Service
Indoor	•	•	•	◔	•	•	◔	—	—	—	—	—	—	◔	◔	◔	—	—	§ 660-37B
Outdoor, limited	◓	•	•	—	•	•	—	—	—	—	—	—	—	—	—	—	—	○	§ 660-37B
Outdoor, general	—	—	○	—	—	—	—	—	—	—	—	—	—	—	•	—	—	○	§ 660-37B
Child Care
Family child care home	—	—	—	•	—	•	•	•	•	•	•	•	•	—	—	—	—	—	§ 660-37C
Group child care home	—	—	—	—	—	•	•	•	—	○	○	○	○	—	—	—	—	—	§ 660-37C
Micro child care center	◓	•	•	•	•	•	•	—	—	—	—	—	—	◐	◐	◐	—	•	§ 660-37C
Child care center	◓	•	•	○	•	•	○	—	—	—	—	—	—	•	◐	◐	—	•	§ 660-37C
Consumer Service, Indoor
Art gallery	•	•	•	•	•	•	•	—	—	—	—	—	—	—	—	—	—	○	§ 660-37D
Business support service	◓	•	•	•	•	•	•	—	—	—	—	—	—	•	—	—	—	—	§ 660-37D
Maintenance & repair service	◓	•	•	•	•	•	•	—	—	—	—	—	—	•	•	•	—	—	§ 660-37D
Personal improvement service	•	•	•	•	•	•	•	—	—	—	—	—	—	◐	—	—	—	—	§ 660-37D
Studio, artist or instructional service	◓	•	•	•	•	•	•	—	—	—	—	—	—	•	—	—	—	○	§ 660-37D
Business training	◓	•	•	•	•	•	•	—	—	—	—	—	—	•	•	•	—	—	§ 660-37D
Personal credit establishment	—	•	•	—	•	◔	—	—	—	—	—	—	—	—	—	—	—	—	§ 660-37D
Day Care Center, Adult	◓	•	•	•	•	•	○	—	—	—	—	—	—	•	◐	◐	—	•	§ 660-37E
Eating and Drinking Places
Bring-your-own-bottle establishment	•	◐	•	—	•	◐	—	—	—	—	—	—	—	—	—	—	—	—	§ 660-37F
Catering	◓	•	•	◐	—	◐	◐	—	—	—	—	—	—	•	◐	◐	—	—	§ 660-37F
Restaurant	•	•	•	◐	•	◐	◐	—	—	—	—	—	—	◐	—	—	—	◐	§ 660-37F
Tavern	•	◐	•	—	•	◔	—	—	—	—	—	—	—	—	—	—	—	—	§ 660-37F
Food truck	○	○	○	—	○	○	—	—	—	—	—	—	—	—	—	—	—	—	§ 660-37F
Entertainment, Spectator/Participant
Betting use	◓	○	○	—	○	—	—	—	—	—	—	—	—	—	—	—	—	—	§ 660-37G
Skills game	◓	○	○	—	○	—	—	—	—	—	—	—	—	—	—	—	—	—	§ 660-37G
Indoor, small	•	•	•	◔	•	•	◔	—	—	—	—	—	—	—	—	—	—	•	§ 660-37G
Indoor, large	•	—	•	—	—	—	—	—	—	—	—	—	—	—	—	—	—	•	§ 660-37G
Outdoor	—	—	•	—	—	—	—	—	—	—	—	—	—	—	—	—	—	•	§ 660-37G
Funeral and Mortuary Service	—	—	•	—	—	•	○	—	—	—	—	—	—	—	—	—	—	—	§ 660-37H
Lodging
B&B Inn	—	—	—	—	—	•	•	—	—	—	—	—	—	—	—	—	—	—	§ 660-37I
Hotel/motel	•	•	•	—	•	•	—	—	—	—	—	—	—	—	—	—	—	—	§ 660-37I
Marina	—	—	—	—	—	•	—	—	—	—	—	—	—	—	—	—	•	—	§ 660-37J
Office
Admin., business or professional office	◓	•	•	•	•	•	•	—	—	—	—	—	—	•	—	—	—	•	§ 660-37K
Medical lab or health-related service	◓	•	•	—	•	•	—	—	—	—	—	—	—	—	—	—	—	—	§ 660-37K
Financial service	•	•	•	•	•	•	•	—	—	—	—	—	—	—	—	—	—	○	§ 660-37K
Service office	◓	◓	•	—	•	◐	—	—	—	—	—	—	—	•	•	•	—	—	§ 660-37K
Walk-in office	•	•	•	•	•	•	•	—	—	—	—	—	—	—	—	—	—	—	§ 660-37K
Retail Sales
Indoor	•	•	•	•	•	◐	◔	—	—	—	—	—	—	•	—	—	—	◐	§ 660-37L
Outdoor	—	○	○	—	—	○	—	—	—	—	—	—	—	○	—	—	—	—	§ 660-37L
Self-Service Storage	—	—	—	—	—	○	—		—	—	—	—	—	○	—	—	—	—	§ 660-37M
Vehicle Sales and Service
Personal vehicle repair and maintenance, minor	—	—	•	—	—	—	—	—	—	—	—	—	—	•	—	—	—	—	§ 660-37N
Personal vehicle repair and maintenance, major	—	—	—	—	—	—	—	—	—	—	—	—	—	•	•	•	—	—	§ 660-37N
Personal vehicle sales and rentals	—	—	•	—	—	—	—	—	—	—	—	—	—	—	—	—	—	—	§ 660-37N
Fueling station	—	—	•	—	—	—	—	—	—	—	—	—	—	•	—	—	—	—	§ 660-37N
MANUFACTURING AND INDUSTRY (See § 660-38)
Artisan Manufacturing	◓	•	•	○	•	•	○	—	—	—	—	—	—	•	•	•	—	•	§ 660-38A
Low-Impact Manufacturing	◓	◓	◐	—	•	◔	—	—	—	—	—	—	—	•	•	•	—	—	§ 660-38B
Moderate-Impact Manufacturing	—	—	—	—	—	—	—	—	—	—	—	—	—	—	•	•	—	—	§ 660-38C
High-Impact Industry	—	—	—	—	—	—	—	—	—	—	—	—	—	—	—	○	—	—	§ 660-38D
Industrial Service	—	—	—	—	—	—	—	—	—	—	—	—	—	—	•	•	—	—	§ 660-38E
Recycling Use
Recyclable material collection	—	—	—	—	—	—	—	—	—	—	—	—	—	—	•	•	—	—	§ 660-38F
Recyclable material processing	—	—	—	—	—	—	—	—	—	—	—	—	—	—	○	•	—	—	§ 660-38F
Warehousing and Distribution
Indoor, up to 50,000 sq. ft. GFA	◓	◓	◐	—	◓	◔	—	—	—	—	—	—	—	•	•	•	—	—	§ 660-38G
Indoor, More than 50,000 sq. ft. GFA	—	—	—	—	—	—	—	—	—	—	—	—	—	•	•	•	—	—	§ 660-38G
Outdoor, More than 50,000 sq. ft. (site area)	—	—	—	—	—	—	—	—	—	—	—	—	—	—	•	•	—	—	§ 660-38G
Outdoor industrial sites	—	—	—	—	—	—	—	—	—	—	—	—	—	—	—	•	—	—	§ 660-19C
CIVIC AND INSTITUTIONAL (See § 660-39)
Cemetery	—	—	—	—	—	—	—	—	—	—	—	—	—	—	—	—	•	—	§ 660-39A
College or University	◓	•	•	—	•	◐	—	—	—	—	—	—	—	—	—	—	—	•	§ 660-39B
Community Assembly	•	•	•	○	•	◐	•	—	—	—	—	—	—	—	—	—	—	•	§ 660-39C
Detention or Correctional Facility	—	—	—	—	—	—	—	—	—	—	—	—	—	—	—	—	—	○	§ 660-39D
Governmental Use	•	•	•	•	•	•	•	—	—	—	—	—	—	•	—	—	—	•	§ 660-39E
Hospital	—	◓	◓	—	—	○	—	—	—	—	—	—	—	—	—	—	—	•	§ 660-39F
Library or Cultural Exhibit	•	•	•	○	•	•	○	—	—	—	—	—	—	—	—	—	○	•	§ 660-39G
Parks and Open Space	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•	§ 660-39H
School	◓	◓	◓	○	•	○	○	—	—	—	—	—	—	—	—	—	—	•	§ 660-39I
Transportation Facilities	—	—	•	—	•	—	—	—	—	—	—	—	—	—	•	•	—	•	§ 660-39J
Infrastructure and Utilities
Minor	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•	§ 660-39K
Major	○	○	○	○	○	○	○	○	○	○	○	○	○	•	•	•	○	○	§ 660-39L
OTHER PRINCIPAL USES (See § 660-40)
Agriculture	◓	•	•	•	◓	•	•	•	•	•	•	•	•	•	•	•	•	•	§ 660-40A
Communication, Commercial
Antenna	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•	§ 660-40B
Tower	—	—	○	—	—	—	—	—	—	—	—	—	—	○	•	•	○	○	§ 660-40B
Live/Work Unit	◓	◓	◓	◓	◓	•	•	—	○	○	—	—	—	—	—	—	—	—	§ 660-40C
Off-Street Parking	○	○	○	○	○	○	○	○	○	○	—	—	—	○	—	—	○	○	§ 660-40D

Key (see 660-34.B):

•

permitted

○

special exception approval required

◓

permitted above, below, or at rear of ground story

◐

permitted in limited area

◔

special exception on mixed-use corridor

—

prohibited

§ 660-35 Use classification system.

This section establishes and describes the use classification system used to categorize principal uses.

Use groups. This chapter classifies principal land uses into five major groupings. These are referred to as "use groups." The use groups are as follows:

(1)

Residential (see § 660-36).

(2)

Commercial (see § 660-37).

(3)

Manufacturing and industry (see § 660-38).

(4)

Civic and institutional (see § 660-39).

(5)

Other principal uses (see § 660-40).

Use categories. Each use group is further divided into more specific categories. Use categories classify principal land uses and activities based on common functional, product or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, or relevant building or site conditions.

Use subcategories. Some use categories are further broken down to identify specific subcategories of uses.

Classification of uses.

(1)

The Zoning Officer is authorized to classify individual uses on the basis of the use group, category, and subcategory descriptions of this article.

(2)

When a use cannot be reasonably classified into a use group, category, or subcategory, or appears to fit multiple groups, categories, or subcategories, the Zoning Officer is authorized to assign the use to the most similar and thus most appropriate group, category, or subcategory based on the actual or projected characteristics of the principal use or activity in relationship to the use group, category, or subcategory descriptions. In making such determinations, the Zoning Officer must consider:

(a)

The types of activities that will occur with the use;

(b)

The types of equipment and processes to be used;

(c)

The existence, number, and frequency of residents, customers or employees;

(d)

Parking demands associated with the use; and

(e)

Other relevant factors.

(3)

If a use can reasonably be classified in multiple groups, categories, or subcategories, the Zoning Officer is authorized to categorize each use in the category or subcategory that provides the most exact, narrowest and appropriate fit.

(4)

Appeals of the Zoning Officer's use classification determination may be taken to the Zoning Hearing Board in accordance with the procedures of § 660-121.

§ 660-36 Residential group.

The residential use group includes uses that provide living accommodations for one or more persons.

Household living.

(1)

Use category description. The household living use category is characterized by a single household occupying a dwelling unit that is self-contained, with facilities for cooking, eating, sleeping, and hygiene. Tenancy is on a month-to-month or longer basis. Examples of household living uses include living in houses, residential buildings containing multiple dwelling units, mixed-use buildings, and other buildings containing self-contained dwelling units.

(2)

Subcategories. The household living use category includes the following subcategories:

(a)

Household living. Household living uses that do not meet the definition of adaptive reuse [§ 660-36A(2)(b)].

(b)

Adaptive reuse. The conversion of 65% or more of the gross floor area of a principal building formerly occupied by nonresidential uses (without any principal residential use) into dwelling units. Conversion of a principal building with a floor area of less than 5,000 square feet into dwelling units is not classified as adaptive reuse.

(3)

Supplemental use regulations. Household living uses are subject to the following supplemental use regulations:

(a)

General. The following supplemental use regulations apply to all household living uses unless otherwise expressly stated.

[1]

The number of dwelling units allowed on a lot varies by building type and zone classification. See the building type regulations of Article 4 for applicable regulations.

[2]

Manufactured (mobile) home parks are permitted only in the NX Zones and require special exception approval. See § 660-19D for additional regulations.

[3]

Unless otherwise expressly stated elsewhere in this chapter (e.g., affordable housing units, accessory dwelling units, and tiny home villages), all dwelling units must comply with the general minimum floor area requirements of Table 660-5.

Table 660-5. General Minimum Floor Area Requirements
Dwelling Unit Type	Minimum Floor Area (sq. ft.)
Efficiency	500
1-bedroom	500
2-bedroom	700
3+-bedroom	900

(b)

Multi-unit household living. The following supplemental use regulations apply to all buildings and sites occupied by five or more dwelling units unless otherwise expressly stated.

[1]

Storage space. All dwelling units with a habitable floor area of 700 square feet or less must be provided with at least 16 square feet of on-site storage space. Such storage space must be located:

[a]

Outside of the subject dwelling unit;

[b]

In a convenient location where personal belongings and effects may be stored without constituting a fire hazard; and

[c]

Where the belongings and effects may be kept locked and separated from belongings of other building occupants.

[2]

Stairwells, stairways and landings. All building stairwells, stairways, and landings must be architecturally integrated into the overall building design.

[3]

Streets, walkways, parking areas, and entranceways. On-site streets, driveways, parking areas, building entrances, and pedestrian walks must be illuminated to minimize hazards for pedestrians and vehicles. Such lighting must be installed and maintained to avoid glare and light trespass onto on-site dwelling units and abutting properties.

(c)

Adaptive reuse. The following supplemental use regulations apply to all adaptive reuse projects unless otherwise expressly stated.

[1]

Planning Commission review. Applications for approval of adaptive reuse projects must be referred to the Planning Commission for review and comment (see § 660-115B).

[2]

MX Zones. Adaptive reuse in MX Zones may be approved only when residential uses are located above the ground story or in the rear of the ground story, at least 20 feet behind the front facade.

[3]

Street facades. All front and side-street facades must be brought into compliance with transparency and building entrance requirements of Article 4 that apply to the subject building type.

[4]

Facade materials. The facade material requirements in § 660-64 apply to all A and B street, and other front facades of adaptive reuse buildings.

[5]

Site design. The site design regulations of Article 8 apply to adaptive reuse projects.

[6]

Parking. Required parking (see § 660-84) must be sited in accordance with the regulations that apply to the subject building type.

[7]

Historic elements. If compliance with the adaptive reuse regulations of this section would require the removal of original historic building elements such removal may be authorized in accordance with the special exception procedures of § 660-115, provided that all applicable Historic Building Demolition Overlay Zone (HBDO) and Historic Districts (Chapter 328) regulations are met.

[8]

Other relief. Requests for relief from strict compliance with the adaptive reuse supplemental use regulations established in § 660-36A(3)(c)[3], [4], [5], and [6] may be approved in accordance with the special exception procedures of § 660-115. All other requests for relief from strict compliance with the adaptive reuse supplemental use regulations of § 660-36A(3)(b) must be processed as variances in accordance with § 660-116.

(d)

Affordable housing. The following supplemental use regulations apply to all affordable housing developments unless otherwise expressly stated.

[1]

For purposes for these regulations "affordable housing" means:

[a]

A principal building occupied by four or fewer dwelling units in which 100% of dwelling units are set aside for and restricted for a minimum of 20 years to occupancy by households earning no more than 80% of the area median income (AMI) as defined by the U.S. Department of Housing and Urban Development; or

[b]

A principal building occupied by more than four dwelling units in which at least 20% of the dwelling units are set aside for and restricted for a minimum of 20 years to occupancy by households earning no more than 80% of the area median income (AMI), as defined by the U.S. Department of Housing and Urban Development.

[2]

To ensure compliance with applicable affordability terms, the project must be funded through federal, state, or local grant programs with income restrictions or be subject to income verification through the low-income housing tax credits (LIHTC) program. The Zoning Officer is also authorized to accept a deed restriction, covenant or other government-approved legal agreement as a guarantee of compliance with affordability terms and income limits.

[3]

The Zoning Officer is authorized to establish tracking and monitoring requirements for applicants and affected departments to ensure continuing compliance with affordability requirements.

[4]

Affordable housing developments that meet the definition of "adaptive reuse" are exempt from the adaptive reuse supplemental use regulations established in § 660-36A(3)(b)[3], [4], and [5], except that they are not exempt from the transparency requirements of Article 4 for the subject building type.

[5]

Affordable housing developments are eligible for additional building height allowance in accordance with §§ 660-22J and 660-20J.

[6]

Affordable housing developments are eligible for parking reductions in accordance with § 660-86C(2)(a).

[7]

Affordable housing developments are subject to the alternative minimum floor area requirements of Table 660-6.

Table 660-6. Alternative Minimum Floor Area Requirements
Dwelling Unit Type	Minimum Floor Area (sq. ft.)
Efficiency	400
1-bedroom	400
2-bedroom	550
3-bedroom	750
4+-bedroom	900

[8]

All projects subject to alternative minimum floor area requirements must comply with the Building Code, Property Rehabilitation and Maintenance Code (Chapter 455), and all other applicable federal, state and local regulations.

Student residence.

(1)

Use category description. The student residence use category is characterized by a living arrangement consisting of three or four unrelated full-time or part-time students living in a dwelling unit in the Student Residence Overlay Zone as a single housekeeping unit and who:

(a)

Attend undergraduate colleges or universities;

(b)

Attend graduate programs at colleges or universities;

(c)

Are on a semester or summer break from studies at colleges or universities; or

(d)

Any combination of such persons.

(2)

Exceptions. Dormitories, fraternities, and sororities are not considered student residences. Student residence living arrangements are only regulated within the Student Residence Overlay Zone. Three or four unrelated students living together outside a Student Residence Overlay Zone are classified and regulated as a household living use.

(3)

Supplemental use regulations. Student residences within the Student Residence Overlay (SRO) Zone are subject to the following supplemental use regulations:

(a)

Student residences are permitted only in detached residential structures of two or more dwelling units. New student residences may not be located in structures of two or more dwelling units that were created through the conversion of a house occupied by a single dwelling or through the merger of adjoining properties that occurred after October 26, 1997.

(b)

The owner of a structure in which a lawful nonconforming student residence was in existence as of October 26, 1997, and properly registered same with the Zoning Office as required by Ordinance No. 13607, may continue the use provided that the registration is renewed annually. In support of the application, the property owner must produce documentation in support of the student residence living arrangement.

(c)

The residents of a student residence must live in a dwelling unit as a single housekeeping unit, doing their cooking on the premises.

(d)

See also the SRO Zone regulations of § 660-10.

Group home.

(1)

Use category description. The group home use category is characterized by residential occupancy of all or a portion of a dwelling unit by persons with disabilities, including individuals in recovery from substance use disorder or alcohol addiction, and attendant staff, living together and functioning as a single housekeeping unit under a common housekeeping management plan based upon an intentionally structured relationship providing organization and stability. Does not include drug and alcohol rehabilitation facilities, or adult prerelease correctional facilities such as work release, halfway houses, or similar uses.

(2)

Subcategories. The group home use category includes the following subcategories:

(a)

Small group home. A group home with five or six residents, not including staff. Group homes with fewer than five residents are classified and regulated as a household living use.

(b)

Large group home. A group home with seven to 12 residents, not including staff. Facilities with more than 12 residents are classified in the "congregate living" use category.

(3)

Exceptions. Residents of a group home are limited to individuals with physical or mental impairments that substantially limit one or more of their major life activities, as further defined and regulated by the Americans with Disabilities Act and the federal Fair Housing Amendments Act.

(4)

Supplemental use regulations. All group homes (small and large) are subject to the following supplemental use regulations:

(a)

A written narrative must be submitted describing the purpose and general operation of the proposed facility, including the number of residents, staff, level of supervision, and anticipated parking demand.

(b)

Group homes located in residential neighborhoods must be indistinguishable from the exterior of other residential dwellings in the immediate neighborhood. However, improvements required by code for access or exit from the building are not deemed incompatible merely because surrounding buildings lack such facilities.

(c)

Any counseling or other services provided must be solely for the benefit of residents of the group home.

(d)

The group home must obtain all required licenses and permits from applicable state, county or City agencies before commencement of operations.

(e)

The group home may not generate traffic greater in volume or different in nature than would normally occur in the neighborhood in which it is proposed to be located.

(f)

The facility may not be located within 1,000 feet of another group home, measured in a straight line between property lines.

(g)

Off-street parking must be provided at the rate of at least one space per staff member plus any additional spaces stipulated by the Zoning Hearing Board based on anticipated parking demand at the group home.

(h)

All group homes must comply with applicable building, property maintenance, and fire codes.

Congregate living.

(1)

Use category description. The congregate living use category is characterized by residential occupancy of a structure by persons who do not qualify as a household, a student residence, or a group home. Residents of a congregate living use may share sleeping units, and may have shared cooking, bathroom and common areas, or some combination of personal and shared facilities. Residents of a congregate living use may or may not receive services, care, or supervision of any type as a condition of residency. Tenancy is typically arranged on a month-to-month or longer basis.

(2)

Subcategories. The congregate living use category includes the following subcategories:

(a)

Dormitory. A building or portion of a building containing living quarters for five or more students, staff or members of a college, university, primary or secondary boarding school, theological school, hospital, religious order or comparable organization, provided that such building is either owned or managed by such organization and contains not more than one cooking and eating area.

(b)

Drug or alcohol rehabilitation facility. A facility that provides residentially based treatment and rehabilitation and/or out-patient services for not more than 30 persons.

(c)

Fraternity or sorority. A building designed or arranged for occupancy by an incorporated nonprofit organization of full-time students of an accredited college or university.

(d)

Halfway house. A residential facility housing a maximum of 15 persons who receive therapy and counseling under the supervision and constraints of alternatives to imprisonment, such as, but not limited to, pre-release, work release, restitution, or probationary programs or a nonresidential facility involving similar types of programs.

(e)

Nursing home. A facility licensed by the state as a nursing home and that provides residential accommodations and health care to persons who, by reason of advanced age, chronic illness, accident or infirmity, are unable to care for themselves, but not including drug or alcohol rehabilitation facilities.

(f)

Personal care home. A facility that provides, on a regular basis, housing, limited health care and specialized assistance with daily living to individuals who do not need care within a hospital or nursing home, but who need such care because of their advanced age, physical or developmental disability or illness. The term "personal care home" includes facilities licensed by the state as a personal care home or an assisted living facility.

(g)

Rooming or boarding house. A building where lodging is provided with or without meals for three or more persons as their primary residence who are not members of the operator's household, and for compensation, whether direct or indirect.

(h)

Temporary shelter. A facility operated by a nonprofit agency providing temporary housing, with or without meals, for persons experiencing homelessness or those whom have been otherwise displaced from their usual residence.

(i)

Other congregate living. Uses that meet the definition of "congregate living" but that are not more specifically defined by any of the preceding use subcategory descriptions.

(3)

Supplemental use regulations.

(a)

Dormitories and fraternities or sororities. Dormitories, fraternities and sororities are subject to the following supplemental use regulations:

[1]

Dormitories, fraternities and sororities are not allowed within the Student Residence Overlay Zone except within a P2 Zone.

[2]

Buildings must be set back at least 50 feet from the lot line of a dwelling located within an N Zone.

[3]

If located off of a college campus, buildings must contain at least 400 square feet of lot area for each student residing within the building.

[4]

All dormitories must be owned and/or operated by a college, university, primary or secondary boarding school, theological school, hospital, religious order or comparable organization.

[5]

All fraternities and sororities are limited to housing students enrolled at or full-time employees of an accredited college or university and up to two live-in resident advisors.

[6]

All fraternities and sororities must be owned or operated by an accredited college or university.

(b)

Nursing homes and personal care homes. Nursing homes and personal care homes are subject to the following supplemental use regulations:

[1]

If special exception approval is required, a written narrative must be submitted describing the purpose and general operation of the proposed facility, including the number of residents, staff, and other relevant operational characteristics.

[2]

Buildings must be set back at least 30 feet from any MX-N, GX-N, or N-zoned lot.

[3]

The facility must obtain all required licenses or permits from applicable state, county or City agencies before the commencement of operations.

(c)

Rooming or boarding houses. Rooming and boarding houses are subject to the following supplemental use regulations:

[1]

Each rental unit must have a minimum floor area of 250 square feet for one occupant or 350 square feet for two occupants.

[2]

No more than six rental units are allowed on a single lot.

[3]

Rental units are limited to a maximum occupancy of two adults.

[4]

The building containing the rental units must be occupied by a resident manager.

[5]

The property owner must provide access to code enforcement officials to inspect the entire building for compliance with applicable City codes before issuance of a zoning permit.

[6]

Rooming and boarding houses must comply with Property Rehabilitation and Maintenance Code regulations (Chapter 455).

(d)

Temporary shelters, halfway houses, and drug or alcohol rehabilitation facilities. Temporary shelters, halfway houses, and drug or alcohol rehabilitation facilities are subject to the following supplemental use regulations:

[1]

A narrative must be submitted by the applicant describing the purpose and general operation of the proposed facility, including the number of residents, staff and level of supervision. The narrative must also describe any outpatient facilities to be provided on the site, and their anticipated level of service for the next three to five years.

[2]

The facility must obtain all required licenses or permits from applicable state, county or City agencies before the commencement of operations.

[3]

The facility may not be located within 1,000 feet of another drug or alcohol rehabilitation facility, temporary shelter, halfway house or group home, measured in a straight line between property lines.

[4]

All such uses must comply with applicable building, property maintenance, and fire codes.

[5]

Temporary shelters may include manufactured (mobile) homes and similar structures (e.g., tiny home villages), subject to compliance with all applicable regulations of § 660-19D.

§ 660-37 Commercial group.

The commercial use group includes uses that provide a service or involve the selling, leasing or renting of merchandise to the general public.

Adult use.

(1)

Use category use category description. The adult use category includes all adult book stores, adult motion picture theaters, and cabarets if such uses include "specified sexual activities" and/or "specified anatomical areas."

(2)

Subcategories. Adult uses fall into the following subcategories:

(a)

Adult book store. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, videotapes, computer software, photographs or other materials that are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

(b)

Adult motion picture theater. An establishment used for presenting films, videotapes or similar images distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified anatomical areas" or "specified sexual activities" for observation by patrons.

(c)

Cabaret. A club, bar, tavern, theater, hall or similar place that features topless female or bottomless male or female dancers, entertainers or employees, strippers, simulated sex acts, live or actual sex acts, or similar entertainers or entertainment.

(3)

Supplemental use regulations. Adult uses are subject to the following supplemental use regulations:

(a)

State law. All such uses must comply with all state laws which regulate adult live entertainment, obscenity and adult-oriented establishments and all other applicable state laws regulating or prohibiting "live sex acts."

(b)

Required separation. It is unlawful to establish an adult use within 1,000 feet of any existing adult use or within 500 feet of any:

[1]

Primary or secondary school;

[2]

Residential dwelling unit;

[3]

Child care facility;

[4]

Place of worship; or

[5]

Any MX-N-, GX-N-, or N-zoned lot.

(c)

Special exceptions. The Zoning Hearing Board may approve a special exception authorizing the establishment of an adult use only if the Board makes the following findings, based on evidence provided by the applicant:

[1]

That the proposed use will not adversely affect the desirability of existing dwellings in the vicinity and will not be detrimental to the general character of the area;

[2]

That establishment of the proposed use will be compatible with any program of neighborhood revitalization; and

[3]

That all other applicable special exception approval criteria of this chapter will be met.

(d)

Other ordinances. Adult uses are subject to the regulations of Chapter 141 of the City Code.

(e)

Use variances. Variances that have the effect of allowing adult uses in zones in which such uses are not allowed pursuant to Table 660-4 are prohibited.

(f)

Ownership. As part of any application for an adult use, a notarized written statement must be submitted that lists the legal names and addresses of all individual persons with any ownership interest in the proposed use or in any corporation or company that owns the use, together with the legal name, address and daytime phone number of an on-site manager responsible to make sure that the use complies with state and City regulations on a daily basis. Any future changes in such persons must be submitted to the Zoning Officer within seven calendar days after the change.

(g)

Lot area. A minimum lot area of 20,000 square feet is required for the establishment or expansion of any adult use.

(h)

Displays. No pornographic or obscene material, signs or displays shall be visible to persons who are outside of the adult use establishment.

(i)

Hours. Any adult use approved after the adoption date of these adult use regulations shall be limited in its hours of operation to between 8:00 a.m. and 12:00 a.m.

Animal service.

(1)

Use category description. Establishments that provide services for the care of customary household pets, including boarding, training, grooming, breeding, and veterinary services. Includes pet day cares but excludes dog walking and similar pet care services not carried out at a fixed location. Keeping and caring for livestock or draft animals is not included in the animal service use category.

(2)

Subcategories. The animal service use category includes the following subcategories:

(a)

Indoor. Any animal service use that occurs entirely within a completely enclosed building.

(b)

Outdoor, limited. An animal service use that includes indoor kennels and limited outdoor exercise areas for no more than 12 household pets (e.g., doggy day care) with no overnight care or boarding services..

(c)

Outdoor, general. An animal service use that includes outdoor kennels or outdoor exercise areas for more than 12 household pets or that provides overnight care, boarding, or breeding services.

Child care.

(1)

Use category description. Care, protection, and supervision for four or more children under 16 years of age away from their primary residence for less than 24 hours per day. The term does not include child care furnished in places of religious assembly, care in public or private schools before, during or after hours of instruction, or care given by relatives.

(2)

Subcategories. The child care use category includes three subcategories:

(a)

Family child care home. A dwelling unit in which child care is provided simultaneously for four to six children who are not relatives of the caregiver, where the principal use of the child care areas is as a residence.

(b)

Group child care home. A dwelling unit in which child care is provided simultaneously for seven to 12 children who are not relatives of the caregiver, where the principal use of the child care areas is as a residence.

(c)

Micro child care center. An establishment that is not located within a dwelling unit that provides care, protection, and supervision for fewer than seven children at any one time. Micro child care centers may be a principal or accessory use.

(d)

Child care center. An establishment that is not located within a dwelling unit that provides care, protection and supervision for seven or more children at any one time.

(3)

Supplemental use regulations.

(a)

Family child care homes. Family child care homes are subject to the following regulations:

[1]

The family child care home must have a valid operational certificate issued by the Allentown Health Bureau and be registered by the State Department of Human Services before occupancy.

[2]

Family child care homes are permitted only in dwellings within houses (house types A, B, or C), twin houses, or rowhouses occupied by a single household.

[3]

The building in which the family child care home is located must be indistinguishable from the exterior of other residential dwellings in the immediate neighborhood, except that improvements required by permitting or licensing agencies are expressly permitted.

[4]

The operator-caregiver must be a permanent resident of the dwelling unit.

[5]

A family child care home may not employ persons who are not permanent residents of the dwelling unit, except as occasional substitutes.

(b)

Group child care homes. Group child care homes are subject to the following regulations:

[1]

A narrative setting forth the particulars of the operation, including number of staff persons, anticipated maximum number of children to be served, drop-off/loading areas, and staff parking must be submitted with the application.

[2]

The group child care home must have a valid operational certificate issued by the Allentown Health Bureau and be licensed by the State Department of Human Services before occupancy.

[3]

Group child care homes are permitted only in house types A, B or C occupied by a single household.

[4]

The building in which the group child care home is located must be indistinguishable from the exterior of other residential dwellings in the immediate neighborhood, except that improvements required by permitting or licensing agencies are expressly permitted.

[5]

The operator-caregiver must be a permanent resident of the dwelling unit.

[6]

No more than two "outside" employees (i.e., individuals who are not permanent residents of the dwelling unit) are allowed, except that there may also be a non-resident substitute, on an occasional basis, for the operator-caregiver.

(c)

Micro child care centers. Micro child care centers are subject to the following supplemental use regulations:

[1]

The micro child care center must have a valid operational certificate issued by the Allentown Health Bureau and be licensed by the State Department of Human Services before occupancy.

[2]

Micro child care centers are permitted only in the following building types: storefront buildings, commercial centers, general buildings, small general buildings, and workshop buildings. They are expressly prohibited within dwelling units.

(d)

Child care centers. Child care centers are subject to the following supplemental use regulations:

[1]

The minimum lot area requirement for a child care center is 3,000 square feet.

[2]

The applicant must submit a narrative describing the particulars of the operation including number of staff persons, licensed capacity, and hours of operation; and a site plan showing at least the location and dimensions of the building, (on- or off-site) outdoor play area, drop-off/loading areas, parking, and waste storage areas.

[3]

The child care center must have a valid operational certificate issued by the Allentown Health Bureau and be licensed by the State Department of Human Services before occupancy.

[4]

A child care center may not be within or physically attached to any structure containing one or more dwelling units.

Consumer service, indoor.

(1)

Use category description. The indoor consumer service use category includes establishments that provide services to individuals or small businesses. Indoor consumer service uses are conducted from completely enclosed buildings, except for accessory activities that are customary and incidental to the principal use. See Article 6 for regulations governing accessory uses.

(2)

Subcategories. Examples of indoor consumer service uses include the following subcategories:

(a)

Art gallery. Establishments that provide display space for paintings, sculptures, or other fine arts, including ancillary office and sales space.

(b)

Business support service. Establishments that provide personnel services, printing, copying, package (delivery) drop-off, photographic services or communication services to businesses or consumers. Examples include employment agencies, copy and print shops, delivery/courier service drop-off location for consumers, and photo developing labs.

(c)

Maintenance and repair service. Establishments that provide maintenance, cleaning and repair services for consumer goods on a site other than that of the customer (i.e., customers bring goods to the site of the repair/maintenance business). Examples include laundry and dry cleaning pick-up shops, laundromats, tailors, taxidermists, dressmakers, shoe repair, picture framing shops, gunsmiths, locksmiths, vacuum repair shops, electronics repair shops and similar establishments.

(d)

Personal improvement service. Establishments that provide personal grooming, cosmetic, or related services. Typical uses include barbers, hair and nail salons, tanning salons, day spas, and body art services.

(e)

Studio, artist or instructional service. Establishments that provide instruction, training, or work space for individuals or groups involved in fine arts, music, dance, drama, personal fitness, or similar activities. Also includes dance studios, ballet academies, yoga studios, personal fitness training, martial arts instruction, tutoring, artist studios, and photography studios.

(f)

Business training. Establishments and facilities, including classrooms, providing vocational, trade, business or professional training services in a completely enclosed building. Does not included uses categorized as "schools."

(g)

Personal credit establishment. Any one or more of the following:

[1]

Check cashing establishment. An establishment that is primarily engaged in the cashing of checks by individuals or 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 is received by the person receiving the loan. Check cashing establishments do not include any of the following: state or federally chartered banks or credit unions or retail sales establishments that cash checks for a fee not routinely exceeding 1% of the check amount as a service to its customers incidental to the retail principal use.

[2]

Pawnbroker. An establishment that is engaged to any extent in any of the following business or activities:

[a]

The lending of money on the deposit or pledge of personal property;

[b]

The purchase of personal property either from an individual, another pawnbroker or any other business with an expressed or implied agreement or understanding to offer the property for sale to the public, and if that sale is unsuccessful, then to sell it back to the previous owner at a subsequent time at a stipulated price or negotiated price;

[c]

The purchase of precious metals with the intent to melt down, provided that such activity is not clearly incidental to the principal use of the establishment; or

[d]

The lending of money upon personal property, goods, wares, or merchandise pledge, stored or deposited as collateral security.

[3]

Payday lender. Any person or entity that is substantially in the business of negotiating, arranging, aiding, or assisting a consumer in procuring payday loans.

(3)

Supplemental use regulations.

(a)

Late-night operations.

[1]

Special exception approval is required for all indoor consumer service uses that are proposed to be open to the public at any time between 2:00 a.m. and 6:00 a.m., provided that this requirement does not apply in MX-D and GX-D Zones. Additionally, special exception approval is required for all indoor consumer service uses in MX-N and GX-N Zones that are proposed to be open to the public at any time between 10:00 p.m. and 6:00 a.m.

[2]

In considering the special exception, the Zoning Hearing Board must consider whether the late-night hours are likely to create nuisances and incompatibilities with nearby residential uses, considering the type of proposed use and its location.

(b)

Personal improvement services. All personal improvement services that require a Pennsylvania state-issued license must have licensed personnel on the premises during any hours when the use is open to the public.

(c)

Personal credit establishments. Personal credit establishments are subject to the following supplemental use regulations.

[1]

Required separation.

[a]

It is unlawful to establish a check cashing establishment within 1,000 feet of another check cashing establishment.

[b]

It is unlawful to establish a pawnbroker within 1,000 feet of another pawnbroker.

[c]

Required separation distances must be measured in a straight line between the respective floor areas occupied by the check cashing establishment or pawnbroker uses.

[2]

Licensing and records. Pawnbrokers must comply with all record-keeping requirements of the State Pawnbrokers License Act.[1] Records must be available for review by the Police Department upon request.

[1]

Editor's Note: See 63 P.S. § 281-1 et seq.

Day care center, adult.

(1)

Use category description. A facility in which adult daily living services are provided for less than 24 hours per day to four or more persons 16 years of age or older who require assistance to meet personal needs and perform daily activities.

(2)

Supplemental use regulations. Adult day care centers are subject to the following supplemental use regulations:

(a)

The minimum lot area requirement for an adult day care center is 3,000 square feet.

(b)

The applicant must submit a narrative describing the particulars of the operation including number of staff persons, licensed capacity, and hours of operation; and a site plan showing at least the location and dimensions of the building, drop-off/loading areas, parking, and waste storage areas.

(c)

The adult day care center must have a valid license issued by the Pennsylvania Department of Aging, as applicable before occupancy.

(d)

Adult day care centers are not permitted within dwelling units.

(e)

An adult day care center with more than 12 clients may not be physically attached to or be within any structure containing one or more dwelling units.

Eating and drinking places.

(1)

Use category description. Establishments that serve food or beverages for on- or off-premise consumption.

(2)

Subcategories.

(a)

Bring-your-own-bottle (BYOB) establishment.

[1]

A place of assembly or any other use defined in this article, other than a dwelling unit, including but not limited to restaurants, taverns, clubs and social buildings, that is not licensed by the Pennsylvania Liquor Control Board, in which no intoxicating beverages are sold, but where patrons are permitted to bring intoxicating beverages upon the premises solely for their own use and consumption.

[2]

A facility that is rented for a limited period of time, not to exceed six hours in length, nor to exceed one rental in a twenty-four-hour period, nor to occur between the hours of 12:00 a.m. and 8:00 a.m., by individuals or an organization for the purpose of a private party in which alcoholic beverages are carried onto the premises is not considered a BYOB establishment.

[3]

Late-night operations are prohibited for BYOB establishments.

(b)

Catering. Businesses that prepare food for events that occur at a separate location. Catering businesses do not offer individual meals for on-site dining, pick-up, or delivery. Catering and restaurant uses may be combined if both use types are allowed in the subject zone and comply with all applicable use regulations. A commissary located on the premises of a use in the civic and institutional use group, preparing food in bulk for distribution to satellite locations associated with the principal use, is considered accessory to the principal use and not a catering use.

(c)

Food truck. A readily movable vehicle from which food items are sold or served to the general public. Readily movable vehicles include those that are self-propelled or pushed or pulled to a specific location.

(d)

Restaurant. An establishment that serves ready-to-eat food and beverages. The restaurant subcategory includes full-service restaurants, take-out restaurants, cafes, cafeterias, ice cream/yogurt shops, donut shops, banquet halls, coffee shops, and similar establishments. A snack bar at a public or community playground, playfield, golf course, park or swimming pool operated solely by the agency or group operating the recreational facilities, and for the convenience of patrons of the facility, is not deemed to be a restaurant. A restaurant may include the accessory sale and service of alcohol, but establishments that meet the definition of a "bring-your-own-bottle (BYOB) establishment" or a "tavern" must comply with all regulations that apply to BYOB establishments or taverns, respectively. Drive-through facilities are allowed only as indicated in the building type regulations of Article 4.

(e)

Tavern. Uses that cater primarily to adults, 21 years of age and older and that sell and serve alcoholic beverages by the drink to the general public and where food or packaged alcoholic beverages are served or sold as accessory to the principal use. The tavern subcategory includes bars, taverns, brewpubs, nightclubs, and similar establishments. The tavern subcategory also includes smoking lounges, in which the smoking of tobacco products, electronic cigarettes, or other legal substances is permitted. Examples of smoking lounges include, but are not limited to, cigar lounges, hookah lounges, vape lounges, tobacco clubs, tobacco bars, etc.

(3)

Supplemental use regulations.

(a)

Late-night operations.

[1]

Special exception approval is required for eating and drinking place uses that are proposed to be open to the public at any time between 2:00 a.m. and 6:00 a.m., provided that this requirement does not apply in MX-D and GX-D Zones. Additionally, special exception approval is required for all eating and drinking place uses in MX-N and GX-N Zones that are proposed to be open to the public at any time between 10:00 p.m. and 6:00 a.m.

[2]

In considering the special exception, the Zoning Hearing Board must consider whether the late-night operations are likely to create nuisances and incompatibilities with nearby residential uses, considering the type of proposed use and its location.

(b)

Frying of foods. On-site deep fat frying of foods is prohibited in MX-N and GX-N Zones when the subject building is occupied by dwelling units or is attached to a building occupied by dwelling units.

(c)

Bring-your-own-bottle (BYOB) establishments. All bring-your-own-bottle establishments are subject to the following supplemental use regulations:

[1]

Such uses must comply with the regulations in Chapter 159 of the City Code.

[2]

It is unlawful to establish a BYOB establishment within 300 feet of any of the following protected uses, as measured in a straight line between the lot lines of the BYOB establishment and the protected use:

[a]

Primary or secondary school;

Child care facility;

Place of worship; or

Lots in N Zones.

It is unlawful for a BYOB establishment to remain open or to transact business at any time between the hours of 12:00 a.m. and 8:00 a.m., prevailing time, except for January 1 of each year when a BYOB establishment may not remain open or transact business at any time between the hours of 1:00 a.m. and 8:00 a.m. In all cases, the premises must be vacated within 15 minutes after the required closing time.

(d)

Food trucks. Food trucks located on private property are subject to the following regulations:

[1]

Food trucks may be a principal use or an accessory use.

[2]

Food trucks may not occupy more than 25% of the site on which they are located.

[3]

Food trucks must be located within a paved, level parking area with minimum dimensions of 35 feet by 15 feet or at least 70 feet by 15 feet if the food truck is more than 27 feet in length.

[4]

Food trucks must be set back:

[a]

At least 10 feet from street lot lines;

[b]

At least 35 feet from side and rear property lines abutting N-zoned lots; and

[c]

At least 20 feet from all other lot lines.

[5]

Food trucks may not be parked within 100 feet of the public entrance to a restaurant.

[6]

At least two off-street parking spaces must be provided per food truck. Food trucks may not occupy parking spaces that are provided to satisfy the off-street parking requirement of any other use that is operating at the same time as the food truck.

[7]

Food trucks may not sell or serve alcohol.

[8]

Food trucks must provide at least one trash receptacle and one recycling receptacle for use by patrons.

[9]

Food trucks may not obstruct or interfere with the free flow of pedestrian or vehicular traffic.

[10]

Food trucks are subject to the noise regulations of Chapter 400.

[11]

Food trucks are limited to signs posted on the interior or exterior of the food truck.

[12]

Food truck operators must collect and remove all litter and debris generated within at least a twenty-five-foot radius of the food truck.

[13]

See also the vendor regulations of Chapter 626.

Entertainment, spectator/participant.

(1)

Use description. Uses that provide gathering places for participant or spectator recreation, entertainment or other assembly activities that are not more specifically identified under the description of other use categories. Spectator/participant entertainment uses may provide incidental food and beverage service. Typical uses include stadiums, sports arenas, auditoriums, cinemas, theaters, bowling centers, and video arcades.

(2)

Subcategories. The spectator/participant entertainment use category includes the following subcategories:

(a)

Betting use. Any place in which lawful gambling activities occur, including, but not limited to, off-track parimutuel betting or any use of electronic gambling devices (not including state lottery sales or lawful small games of chance).

(b)

Skills game establishment. Any place in which one or more skills game machines are present. Skills game machines are electronic machines that accept cash or cash equivalent payment for the chance of a cash or cash equivalent reward and that may not otherwise be regulated by the State of Pennsylvania.

(c)

Indoor, small. Spectator/participant entertainment uses, other than betting use or skills game establishments, conducted primarily within completely enclosed buildings with a floor area of 25,000 square feet or less.

(d)

Indoor, large. Spectator/participant entertainment uses, other than betting use or skills game establishments, conducted primarily within completely enclosed buildings with a floor area of more than 25,000 square feet.

(e)

Outdoor. Spectator/participant entertainment uses conducted primarily outdoors.

(3)

Supplemental use regulations.

(a)

Special exception approval is required for all spectator/participant entertainment uses that are proposed to be open to the public during any hours between 2:00 a.m. and 6:00 a.m., provided that this requirement does not apply in MX-D and GX-D Zones. Additionally, special exception approval is required for all spectator/participant entertainment uses in MX-N and GX-N Zones that are proposed to be open to the public during any hours between 10:00 p.m. and 6:00 a.m.

(b)

Funeral and mortuary service.

(1)

Use category description. The funeral and mortuary service use category includes establishments that provide services related to the death of a human or domestic, household pet, including funeral homes and mortuaries. Note: Crematoriums are classified in the moderate impact manufacturing use category and may also be approved as accessory uses in cemeteries.

Lodging.

(1)

Use category description. Establishments that provide temporary overnight lodging to transient guests, generally for fewer than 30 days at a time. Lodging uses sometimes provide food and beverage service, primarily to registered guests.

(2)

Subcategories. Subcategories of the lodging use category include hotels, motels, and the following:

(a)

Bed-and-breakfast inn. A detached house in which a full-time resident and owner/operator offers two or more guest rooms for overnight lodging and meal service for compensation.

(3)

Supplemental use regulations.

(a)

Bed-and-breakfast inns. Bed-and-breakfast inns are subject to the following supplemental regulations:

[1]

Bed-and-breakfast inns may contain no more than 10 guest rooms.

[2]

Guest rooms may not be offered for rental for periods of more than 14 consecutive days.

[3]

The owner/operator of the bed-and-breakfast inn must occupy the subject property as their principal full-time residence.

Marina.

(1)

Use category description. Facilities open to the public that provide moorage, launching, storage, fueling, supplies and services (other than repair) commonly associated with storing, maintaining and operating recreational and commercial watercraft.

Office.

(1)

Use category description. The office use category includes workplaces of companies and organizations providing administrative, professional, executive, clerical, financial, management, outpatient medical, and research and development services. See § 660-57 for regulations governing temporary offices.

(2)

Subcategories. The office use category includes the following subcategories:

(a)

Administrative, business or professional office. Workplaces of firms, organizations, or agencies providing professional, executive, management, clerical, administrative, financial, outpatient medical or legal services. Examples of administrative, business, and professional offices include those providing accounting, architecture, outpatient medical, computer software design, engineering, graphic design, interior design, investment, insurance, or legal services, as well as broadcast and recording studios and offices of physicians, dentists, psychiatrists, psychologists, chiropractors, and other members of the medical profession regulated by the State Board of Medicine.

(b)

Medical lab or health-related service. Medical laboratories, dental laboratories, blood or plasma collection centers and similar uses.

(c)

Financial service. Establishments involved in the exchange, lending, borrowing and safe-keeping of money. Examples include banks and credit unions. Automatic teller machines, kiosks and similar facilities that do not have on-site employees are not classified in the financial service subcategory if they meet the criteria for classification as an accessory use. This use subcategory does not include personal credit establishments (see the indoor consumer service use category).

(d)

Service office. Establishments engaged in applied scientific or industrial research and testing services leading to the development of new products and processes as well as offices of contractors and service technicians that typically involve accessory storage of goods, equipment, or service vehicles.

[1]

Service vehicles are limited to box trucks, vans and light-duty trucks. Uses involving accessory storage of larger vehicles are classified in the industrial service use category (see § 660-38E).

[2]

Uses that involve the handling of hazardous substances; the mass production, distribution or sale of products; or that produce odors, dust, noise, vibration or other external impacts that are detectable beyond the property lines of the subject property are classified in the manufacturing and industry use group.

(e)

Walk-in office. Workplaces primarily providing direct services to patrons or clients, typically not requiring appointments. This subcategory classification includes notaries, insurance agencies, real estate agent offices, travel agencies, and utility company offices.

Retail sales.

(1)

Use category description. The retail sales use category includes establishments involved in the sale, lease or rental of products or goods to the ultimate consumer, including those that sell or otherwise provide pharmaceuticals, groceries, sundry goods, convenience goods, consumer shopping goods, household goods, plants and flowers, or hardware.

(2)

Subcategories. The retail sales use category includes the following subcategories:

(a)

Indoor. Retail sales establishments in which any outdoor sales area does not exceed 5% of the use's total floor area.

(b)

Outdoor. Retail sales establishments in which any outdoor sales area exceeds 5% of the use's total floor area. Typical uses include outdoor plant nurseries, garden centers, farmers markets and flea markets.

(3)

Supplemental use regulations. Retail sales uses are subject to the following supplemental use regulations:

(a)

Hours of operation. Special exception approval is required for all retail sales uses that are proposed to be open to the public during any hours between 2:00 a.m. and 6:00 a.m., provided that this requirement does not apply in MX-D and GX-D Zones. Additionally, special exception approval is required for all spectator/participant entertainment uses in MX-N and GX-N Zones that are proposed to be open to the public during any hours between 10:00 p.m. and 6:00 a.m.

(b)

Tobacco sales. In the MX-N and GX-N Zones, retail uses with greater than 10% total floor area dedicated to the sales of tobacco and accessory products may not be located within 1,000 feet of another retail use with greater than 10% total floor area dedicated to the sales of tobacco and accessory products, measured in a straight line between property lines.

Self-service storage.

(1)

Use category description. The self-service storage facility use category includes enclosed, climate-controlled establishments providing separate, small-scale, self-service storage area leased or rented to individuals or small businesses. Such facilities are designed and used to accommodate only interior access to storage lockers or drive-up access only from passenger vehicles and two-axle non-commercial vehicles.

(2)

Supplemental use regulations. Self-service storage facilities must be laid out and designed to ensure that garage doors or overhead doors serving individual storage units are not visible from abutting streets.

Vehicle sales and service.

(1)

Use category description. The vehicle sales and service use category includes uses that provide for the sale, rental, ordinary maintenance, or repair of new or used passenger vehicles.

(2)

Subcategories. Vehicle sales and service uses include the following subcategories:

(a)

Personal vehicle repair and maintenance, minor. Use that conduct ordinary maintenance, cleaning, or repair on automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as well as emissions testing, quick-service oil, tune-up, audio installation, and brake and muffler shops in which service is provided in enclosed bays and no vehicles are stored outside of enclosed buildings.

(b)

Personal vehicle repair and maintenance, major. Vehicle repair and maintenance uses that regularly involve disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or similar operations.

(c)

Personal vehicle sales and rentals. Establishments that provide for the sale or rental of new or used autos, light-duty trucks, vans, trailers, motorcycles, motor homes or recreational vehicles, including recreational watercraft. Typical examples include automobile dealers, auto malls, and car rental agencies that involve outdoor display or storage of vehicles visible from street rights-of-way. Personal vehicle sales and rental establishments that occur in completely enclosed buildings with no outdoor storage or display visible from street rights-of-way are classified in the retail sales use category.

(d)

Fueling station. Establishments engaged in retail sales of vehicle fuels for personal vehicles, other than fleet fueling facilities and truck stops. Fueling stations may dispense conventional vehicle fuels and/or alternative vehicle fuels. Fleet vehicle fueling facilities and truck stops are classified as industrial service and outdoor warehousing and distribution uses, respectively.

(3)

Supplemental use regulations. All vehicle sales and service uses are subject to the following supplemental use regulations:

(a)

All fuel tanks must comply with state regulations.

(b)

City-approved curbing must be constructed and maintained in a good and safe condition along all street property lines, except at crossovers.

(c)

The entire area of the site traversed by motor vehicles must be hard-surfaced.

(d)

No building space used for repairs or maintenance may have an opening in roof or walls within 15 feet of any lot line of an N-zoned lot.

(e)

No lot occupied by a vehicle repair garage or fueling station may be located within 200 feet of a primary or secondary school, or within 50 feet of any MX-N, GX-N, or N-zoned lot.

(f)

All fueling stations must be so arranged and all fueling equipment must be so placed as to permit all servicing on the premises and outside the public right-of-way. Fueling equipment must be set back at least 12 feet from all lot lines. See also the applicable building type regulations of Article 4, including the fuel pump location regulations, and the fuel pump, canopy, and accessory car wash regulations of § 660-47.

(g)

All lots must be kept free of paper and rubbish. No abandoned or junk vehicle may be stored on the premises. (Note: Storage of junk or abandoned vehicles is classified as a high-impact industry under the manufacturing and industry use group.)

(h)

All areas used for the storage of vehicles awaiting repair or maintenance must be screened in accordance Article 8.

§ 660-38 Manufacturing and industry group.

The manufacturing and industry use group includes establishments involved in manufacturing, processing, fabrication, packaging, or assembly of goods or the servicing of industrial or commercial machinery, equipment, products or by-products. Uses in this group may include offices and ancillary retail sales as accessory uses.

Artisan manufacturing.

(1)

Use category description. The artisan manufacturing use category includes indoor work spaces used by artists for creation of art or the practice of their artistic endeavors or by craftspeople that produce consumer goods by hand-manufacturing involving the use of only hand tools and small-scale, light mechanical equipment. Artisan manufacturing uses occur in completely enclosed buildings with no outdoor operations, storage or regular commercial truck parking/loading. Typical uses include woodworking; custom furniture shops; reupholstering; cabinet-making; ceramic studios; jewelry manufacturing; confections and custom-made food items; and artwork including painting, printmaking and sculpture.

Low-impact manufacturing.

(1)

Use category description. The low-impact manufacturing use category includes indoor work spaces for uses that do not meet the definition of artisan manufacturing and that do not, as part of their normal operations, generate noticeable off-site impacts in terms of noise, smoke, particulate matter, odors, vibration or heavy truck traffic. Typical examples of low-impact manufacturing uses include: commercial laundries and linen supply services, apparel manufacturing, bakery products manufacturing, bottling plants, ice manufacturing, mattress manufacturing and assembly, microbreweries, micro distilleries, musical instrument and parts manufacturing, newspaper printing and binderies, and uses involved in growing, washing, packaging and storage of fruits, vegetables and other plant products in enclosed buildings.

Moderate-impact manufacturing.

(1)

Use category description. The moderate-impact manufacturing use category includes establishments that manufacture products from extracted or raw materials or recycled or secondary materials or that, as part of their normal operations, generate noticeable off-site impacts in terms of noise, smoke, particulate matter, odors, or vibration. The moderate-impact manufacturing use category includes lumber and wood products manufacturing; crematoriums; metal and metal products manufacturing, including enameling and galvanizing; large breweries (i.e., those with an annual production of more than 15,000 barrels or 465,000 gallons); and large distilleries (i.e., those with an annual production of more than 40,000 proof gallons).

(2)

Supplemental use regulations.

(a)

Crematoriums. Crematoriums are prohibited within 250 feet of any MX-N, GX-N, or N-zoned lot, as measured from lot line to lot line.

High-impact industry.

(1)

Use category description. The high-impact industry use category includes establishments that use hazardous chemicals or procedures; generate hazardous byproducts or explosive hazards; or otherwise have high potential for adverse land use impacts related to community appearance, public safety, environmental impacts, or nearby residents' quality of life. The high-impact industry use category includes junk and salvage yards; waste-related uses; outdoor tire storage, mining, quarrying, and resource extraction operations; tire retreading or recapping; mulching and wood-splitting; fuel storage yards; and processing, storage, or stockpiling of soil, rock, concrete, brick, block, gravel, sand, and similar raw or recycled material.

(2)

Supplemental use regulations.

(a)

Mining, quarrying, and extractive uses. Mining, quarrying, and similar extractive uses are subject to the following supplemental use regulations:

[1]

No new mining, quarrying, or similar extractive use excavation or mechanical loading or processing of extracted materials may be located within:

[a]

Seventy-five feet of the right-of-way of a public street;

[b]

Two hundred feet of the boundary of an N Zone; or

[c]

Fifty feet of any other lot line.

[2]

A landscaped area with a minimum width of 25 feet must be provided around the perimeter of the use, except for necessary perpendicular crossings.

[3]

The Zoning Hearing Board is expressly authorized to require berms, landscaping, fencing and additional setbacks as needed to protect the public safety and to avoid conflicts with neighboring uses.

[4]

A copy of mapping and all application materials submitted to the State Department of Environmental Protection must be provided to the Zoning Officer.

(b)

Junk yards and salvage yards. Junk yards, salvage yards, and scrap yards are subject to the following supplemental use regulations:

[1]

All new and expanded uses must be surrounded by a secure security fence or wall with a minimum height of eight feet. All perimeter security fences and walls must be placed on the inside of any required landscape buffers (see §§ 660-77 and 660-78).

[2]

Outdoor storage and processing of junk or scrap must be set back at least:

[a]

One hundred feet from the lot line of a dwelling or a N Zone; and

[b]

Fifty feet from the right-of-way of a public street or any other lot line.

[3]

Any bulk mechanical crushing of metals must be set back a minimum of 250 feet from any N Zone.

[4]

Cleared driveways must be provided around and throughout the junkyard to allow access by emergency vehicles. Off-street parking areas may not obstruct such emergency access.

[5]

Burning or incineration of junk or vehicles is prohibited. All gasoline and oil must be drained from vehicles and be properly disposed of. All batteries must be removed from vehicles and stored on an impervious surface that is drained to collect any acids for proper disposal.

[6]

No junk, salvage, or other material may be stored at a total height of more than 25 feet above the ground.

[7]

See also the outdoor tire storage regulations, below.

(c)

Outdoor tire storage. Outdoor storage areas for used tires are subject to the following supplemental use regulations:

[1]

Any area used for the bulk overnight outdoor storage or processing of used tires must be set back at least 50 feet from any lot line and be separated by at least 50 feet from any other area containing 100 or more used tires. Required setback and separation areas may not contain combustible material.

[2]

Any area used for the outdoor storage of 200 or more used tires must comply with the supplemental use regulations for junk and salvage yards.

[3]

No outdoor used tire storage area may contain more than 500 used tires.

[4]

Outdoor used tire storage areas may not exceed 25 feet in height.

(d)

Waste-related use. Lands and facilities used for waste disposal, processing, incineration, or transfer operations are subject to the following supplemental use regulations:

[1]

All solid waste processing and storage areas must be set back at least 150 feet from public street rights-of-way, exterior lot lines, and perennial rivers or streams.

[2]

All solid waste processing and storage areas must be set back at least 300 feet from any lot occupied by a dwelling unit.

[3]

Open outdoor burning is prohibited.

[4]

All solid waste processing, storage, loading and unloading must occur within an enclosed building or enclosed containers. All processes must occur on an impervious surface that prevents polluted runoff from flowing from the site or into the groundwater.

[5]

The use must be surrounded by secure fencing and gates.

[6]

A minimum lot area of eight acres is required.

[7]

The use must be operated in a manner that prevents the attraction, harborage or breeding of insects, rodents or other vectors.

[8]

An attendant must be on duty during all hours of loading and unloading.

[9]

Radioactive, chemotherapeutic, toxic or infectious materials are prohibited.

Industrial service.

(1)

Use category description. The industrial service use category includes businesses engaged in the sale, repair, or servicing of industrial or commercial machinery, equipment, products or by-products. Typical uses include welding shops; machine shops; heavy truck servicing and repair; towing and vehicle storage yards; bus and taxi storage yards, and fleet fueling facilities.

(2)

Supplemental use regulations. Tractor-trailer combinations, buses, and similar large/heavy vehicles associated with an industrial service use may not be parked within 20 feet of an N Zone.

Recycling use.

(1)

Use category description. Uses that collect, store or process recyclable material for the purpose of marketing or reusing the material in the manufacturing of new, reused or reconstituted products.

(2)

Subcategories. The recycling use category includes the following subcategories:

(a)

Recyclable material collection. An establishment that (1) accepts consumer recyclable commodities directly from the consuming party; (2) is staffed by personnel on site during hours of operation; and (3) stores materials temporarily before transferring them to recyclable material processing facilities.

(b)

Recyclable material processing. Establishments that receive and process recyclable commodities for subsequent use in the secondary market.

Warehousing and distribution.

(1)

Use category description. The warehousing and distribution use category includes uses that sell, lease, provide, or distribute goods in large quantities, principally to other commercial, manufacturing, or industrial businesses. Examples include warehouses, food depositories, package delivery services, and household and commercial moving companies. Warehousing and distribution uses may include wholesale sales showrooms. This category does not include uses more specifically identified in the self-service storage use category.

(2)

Subcategories. The warehousing and distribution use category includes the following subcategories:

(a)

Indoor. Warehousing and distribution uses conducted primarily within completely enclosed buildings.

(b)

Outdoor. Warehousing and distribution uses with a substantial portion of their stock in-trade displayed or stored outdoors. This use subcategory expressly includes truck terminals (i.e., parking and storage of trucks), truck stops, and warehousing and distribution uses with more than three loading bays or docks, and uses engaged in the dispatching and long-term or short-term storage of trucks, buses and similar vehicles.

(3)

Supplemental use regulations.

(a)

Warehouse and distribution uses with more than 50,000 square feet of indoor gross floor area require a minimum lot area of five acres in the IG Zone and eight acres in the IM Zone.

(b)

Tractor-trailer combinations, buses, and similar large/heavy vehicles associated with warehousing and distribution use may not be parked within 20 feet of an N Zone. Refrigerated trailers may not be parked within 100 feet of MX-N-, GX-N-, or N-zoned lots.

(c)

Outdoor warehousing and distribution uses must comply with all applicable regulations related to truck idling, and signs must be posted to warn violators of penalties for violations.

(d)

Warehousing and distribution uses are subject to the noise regulations of Chapter 400.

§ 660-39 Civic and institutional group.

The civic and institutional use group includes public, quasi-public, and institutional uses that provide services that benefit the public at large.

Cemetery.

(1)

Use category description. Lands and facilities for the interment of humans or domestic household pets, including columbariums and mausoleums. Cemeteries may include crematoriums as an accessory use.

(2)

Supplemental use regulation. Any crematorium must be set back at least 250 feet from any MX-N, GX-N, or N-zoned lot.

College or university.

(1)

Use category description. Institutions of higher learning that offer courses of general or specialized study and are authorized to grant academic degrees. The college use category includes classrooms and instructional spaces, as well as on-campus residence halls, fraternity and sorority houses, administrative buildings, auditoriums and other on-campus uses and facilities that provide customary accessory and support functions for college or university uses.

(2)

Supplemental use regulations. Colleges and universities are subject to the following supplemental use regulations:

(a)

The minimum total lot area required for such use is 20,000 square feet.

(b)

In any zones in which special exception approval is required, any generally applicable off-street parking requirements may be increased if, in the judgment of the Zoning Hearing Board, such consideration as the unavailability of public transportation, the distance from centers of population, or a relatively high percentage of students driving cars make such increased requirements necessary.

(c)

Illumination for night athletic activities must be properly directed and shielded from view from adjoining rights-of-way and residential areas.

Community assembly.

(1)

Use category description. Facilities for hosting public or private meetings including senior centers, community centers, fraternal organizations, membership clubs, and places of worship. This category includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include principal use auditoriums, stadiums, convention centers, arenas, schools, or sports facilities that are separately classified and regulated.

(2)

Supplemental use regulations.

(a)

Membership clubs. Membership clubs are subject to the following supplemental use regulations:

[1]

A membership club must be a nonprofit organization operated primarily for the recreation and enjoyment of the members of such organization and their occasional guests.

[2]

If special exception approval is required, a statement setting forth full particulars on the operation of the use and a copy of the bylaws or articles of incorporation (if incorporated) must be filed with the Zoning Officer.

[3]

The proposed use shall not adversely affect the safe and comfortable enjoyment of properties in the neighborhood and the design of any structures erected in connection with such use must be in keeping with the general physical character of the area.

(b)

Places of worship. Places of worship are subject to the following supplemental use regulations:

[1]

Places of worship may include a maximum of one dwelling unit, provided such dwelling unit is limited to occupancy by full-time paid religious leader and members of the leader's household.

[2]

Except for the one dwelling permitted by Subsection C(2)(b)[1] above, any other residential, social service, accessory or related uses must comply with all requirements applicable to such use and be separately approved.

[3]

In GX-N Zones, places of worship may not be located in structures that are physically attached to any structure that is used exclusively for residential purposes.

Detention or correctional facility.

(1)

Use category description. An institution operated by federal, state or local government or a private party under contract with federal, state or local government for the confinement and punishment and treatment or rehabilitation of offenders under the jurisdiction of a court.

Governmental use.

(1)

Use category description. Uses operated by any department, independent agency or instrumentality of the United States, State of Pennsylvania, County of Lehigh, or City of Allentown.

Hospital.

(1)

Use category description. The hospital use category includes veteran treatment centers, as well as facilities providing inpatient medical, surgical, mental health, emergency medical services. Hospitals may also provide outpatient treatment.

(2)

Supplemental use regulations. Hospitals are subject to the following supplemental use regulations:

(a)

Buildings must be set back at least 30 feet from any MX-N, GX-N, or N-zoned lot.

(b)

The facility must obtain all required licenses or permits from applicable state, county or City agencies before the commencement of operations.

Library or cultural exhibit.

(1)

Use category description. Museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art or library collections of books, manuscripts and similar materials operated by a public or quasi-public agency.

Parks and open space.

(1)

Use category description. Recreational, social or multi-purpose uses associated with public parks and open spaces, including playgrounds, playfields, play courts, community centers and other facilities typically associated with public parks and open space areas. Also includes public and private golf courses, tennis clubs, "protected" or undevelopable lands, and undeveloped land left in a natural state for specific use as visual open space or natural resource preservation purposes.

School.

(1)

Use category description. Public and private schools at the primary, elementary, middle school or high school level that provide basic, compulsory, state-mandated education.

(2)

Supplemental use regulations. Schools are subject to the following supplemental use regulations:

(a)

The minimum total lot area required for a school use is 20,000 square feet.

(b)

(c)

Illumination for night athletic activities must be properly directed and shielded from view from adjoining rights-of-way and residential areas.

Transportation facilities.

(1)

Use category description. Stations, passenger docks, off-street passenger waiting areas, and loading/unloading areas for local and regional transit and transportation services. Typical uses include airports, rail and bus stations, helicopter landing facilities (heliports and helistops), passenger transfer facilities, ticket purchasing and waiting areas out of the public right-of-way, restrooms, and accessory uses such as cafes. Street-side boarding locations, such as bus stops, are not classified or regulated as transportation facilities.

(2)

Supplemental use regulations. Helicopter landing facilities are subject to the following supplemental use regulations:

(a)

Landing pads must be set back at least 100 feet from any sidewalk, street or other public area and may not be located within 600 feet of any N Zone.

(b)

Landing pads must be clearly marked and signed around the perimeter. The landing pad must include a circle with a diameter at least 1.5 times the length of the longest helicopter using the facility.

(c)

Landing pads located within 1,500 feet of an N Zone may not routinely be used for landings or take-offs between 11:00 p.m. and 7:00 a.m., except for emergency medical purposes.

(d)

A paved surface must be provided to prevent the blowing of dust, dirt or other objectionable matter.

(e)

The facility must be provided with such fire protection devices and equipment as may be deemed necessary by the Fire Department.

(f)

The applicant must submit plans to the Zoning Office that will direct pilots to utilize approach and departure routes that will minimize conflicts with residential neighborhoods. This provision does not apply to emergency medical helistops.

Infrastructure and utilities, minor.

(1)

Use category description. Public utilities and infrastructure services that typically have very limited adverse visual or operational impacts and that require location in or very near the area where the service is provided. Minor utilities and public service facilities do not regularly have employees at the site and typically have few if any impacts on surrounding areas. Typical uses include: underground electric distribution substations; electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment and emergency communication warning/broadcast facilities.

Infrastructure and utilities, major.

(1)

Use category description. Public utilities and infrastructure services that typically have substantial visual or operational impacts on nearby areas. Typical uses include high-voltage electric substations, utility-scale power generation facilities, including principal use solar energy systems, and principal use wind energy conversion systems and utility-scale water storage facilities, such as water towers and reservoirs. See also Section 619 of the Pennsylvania Municipalities Planning Code,[1] which provides a process for limited exemptions.

[1]

Editor's Note: See 53 P.S. § 10619.

(2)

Supplemental use regulations.

(a)

General. All major infrastructure and utility uses that require special exception approval are subject to the following supplemental use regulations:

[1]

The applicant must provide evidence to the Zoning Hearing Board that the proposed use in the location specified is necessary for the convenient and efficient operation of the public infrastructure or utility system.

[2]

The design of any structure or use in connection with such use must conform to the general character of the neighborhood in which it is proposed to be located and will not adversely affect the safe and comfortable enjoyment of properties in the neighborhoods in which it is located.

(b)

Wind energy conversion systems (principal use). Wind energy conversion systems that constitute the principal use of property are subject to the following supplemental use regulations:

[1]

All wind turbines must be set back from a lot line a minimum distance not less than two times the maximum height to the top of the extended blade. Wind turbine setbacks are measured from the center of the base of the turbine.

[2]

The audible sound from the wind turbine(s) may not exceed 45 A-weighted decibels, as measured at the property line.

[3]

The owner of the system must completely remove all aboveground structures within 12 months after the system is no longer used to generate electricity.

[4]

Wind turbines shall not be climbable for at least the first 12 feet above the ground level.

[5]

Lattice-type towers and towers using guy wires are prohibited.

[6]

The system must include automatic devices to address high-speed winds, such as mechanical brakes and over-speed controls.

[7]

Plans for minimizing bird and bat collisions with wind turbines through careful siting, blade design/color, and operational procedures (e.g., curtailment) must be submitted with the special exception application, or if special exception approval is not required, with the zoning permit application.

[8]

Accessory electrical facilities are allowed, such as a transformer, provided that any building must comply with setback requirements for a principal building.

[9]

A site plan must be submitted.

[10]

Temporary towers designed to test possible locations for a wind energy conversion are permitted by right in IG and IM Zones, provided they are removed within one year and comply with the setback requirements of this section.

(c)

Solar energy systems (principal use). Solar energy conversion systems that constitute the principal use of property are subject to the following supplemental use regulations:

[1]

If the system is not attached to a building roof and covers a total of more than 3,000 square feet of lot area, the devices must be separated from abutting N Zones by a buffer in accordance with § 660-78.

[2]

Systems must be constructed and installed so as not to emit glare onto adjoining properties.

[3]

Solar energy systems must be completely removed from the property within six months after they are no longer used for energy production.

§ 660-40 Other principal uses.

Agriculture.

(1)

Use category description. Outdoor areas managed and maintained by an individual, group or business entity to grow and harvest food crops or non-food crops (e.g., flowers) for sale or distribution. Agriculture uses may be principal or accessory uses.

(2)

Subcategories. The agriculture use category includes the following use subcategories:

(a)

Community garden. Outdoor areas that are managed and maintained by a group of individuals to grow and harvest food crops or non-food crops (e.g., flowers). A community garden area may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group.

(b)

Forestry. The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

(c)

Urban farm, outdoor. Outdoor areas used for growing and harvesting food crops or non-food crops, including the use of under-utilized parking spaces for such activities.

(d)

Urban farm, indoor. Indoor areas used for growing food crops or non-food crops. Typical uses include greenhouses, vertical farming, hydroponic systems and aquaponic systems.

Communication, commercial.

(1)

Use category description. Facilities used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals.

(2)

Subcategories. Commercial communication facilities include the following subcategories:

(a)

Antennas. Omnidirectional antennas, 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. Satellite dish antennas, television antennas for household use and amateur radio equipment (including ham or citizen band radio antennas) are considered accessory structures and are not regulated as commercial communication antennas.

(b)

Tower. A structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support commercial communications antennas.

(3)

Supplemental use regulations. Commercial communication antennas and towers are subject to the following supplemental use regulations, provided that these regulations must be applied within the constraints of the Telecommunications Act of 1996 and Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act):[1]

(a)

Commercial communications towers are not permitted within 300 feet of any N Zone.

(b)

Commercial communications towers are subject to the following:

[1]

A site plan must be submitted to the Zoning Office.

[2]

Towers must be set back from all property lines a minimum distance equal to one-half its height or a distance equal to the commercial communication tower fall zone, whichever results in the greater setback.

[3]

The base of a tower must be surrounded by a secure fence at least eight feet in height.

[4]

Evergreen plantings must be provided to screen the fence surrounding the tower and any other ground level features such as buildings. The screen may be either a hedge (planted no more than three feet on center) or a row of evergreen trees (planted no more than 10 feet on center). The evergreen screen must be at least six feet in height at time of planting with an expectation to grow to at least 15 feet in height at maturity.

[5]

Towers may not exceed 150 feet in height except in I Zones. Towers in I Zones may not exceed 180 feet in height.

(c)

Towers and antennas must comply with wind resistance requirements of the prevailing construction code.

(d)

Documentation of FAA approval for towers or antennas exceeding 200 feet in height must be provided. Towers or antennas less than 200 feet in height must comply with the requirements of 14 CFR 77.13(a), as amended.

(e)

Towers and antennas may not be artificially illuminated except when required and approved by the FAA and the PennDOT Bureau of Aviation.

(f)

Applicants for proposed towers or antennas located within a five-mile radius of an existing airport must notify the airport manager in writing of its intent to place such structure(s). Any comments received from the airport must be considered in the processing of the application for the proposed commercial communications tower or antenna.

(g)

The applicant must provide documentation of PennDOT Bureau of Aviation approval for towers or antennas in accordance with P.L. 837, No. 164, and 67 Pa. Code § 479.4.

(h)

The applicant must demonstrate, using technological evidence, that in order to satisfy its functional requirements, the tower and/or antenna could not utilize an existing structure; also, if a tower is proposed, that there are no existing structures within 1/4 mile of the site on which to place the antenna.

(i)

If a tower and/or antenna remains unused for a period of 12 consecutive months, the owner or operator must so notify the Zoning Office within 30 days of the conclusion of this twelve-month period and must dismantle and remove the tower and/or antenna within six months of receiving notice to do so by the City. In addition, all portions of the base that are at or above the existing grade must be demolished and removed from the site.

(j)

A tower or antenna necessary for and clearly primarily used for emergency communications by a police department, fire company, emergency medical service, and other similar public safety organizations is exempt from the supplemental use regulations of this section.

[1]

Editor's Note: See 47 U.S.C. § 251 et seq. and 47 U.S.C. § 1455, respectively.

Live/work unit.

(1)

Use category description. A dwelling unit or other space within a building that is used jointly for residential and nonresidential purposes that typically exceed the impacts of a home occupation use.

(2)

Supplemental use regulations. Live/work units are subject to the following supplemental use regulations:

(a)

Nonresidential uses are limited to:

[1]

Retail sales; restaurants; personal services; and business or professional offices; provided that such nonresidential use is permitted within the zone in which the live/work unit is located or, in the case of an adaptive reuse project, such uses approved as part of the special exception application.

[2]

Uses involving the creation of art including paintings, drawings, sculptures, ceramics, music, custom crafts and literature; music and dance instruction; or dramatic art.

(b)

No more than six persons may be present at the same time for instruction.

(c)

No more than two employees may be present at any one time in addition to the residents of the residential space.

(d)

No more than 75% of the habitable floor area of the live/work unit may be used for nonresidential purposes. However, the portion of the nonresidential use that attracts customers such as retail and/or gallery space is limited to 50% of the habitable floor area.

(e)

The following regulations apply to live/work units located in N Zones:

[1]

A live/work unit may display one non-illuminated wall sign with a maximum area of two square feet.

[2]

A live/work unit may include gallery space and involve occasional on-site retail sales of art that was primarily produced on the premises.

(f)

A live/work unit in a non-N zone may include exhibitions of art subject to meeting all applicable City codes.

(g)

Any kilns must be electrically powered, as opposed to directly burning their own supply of fuel.

Off-street parking.

(1)

Use category description. Surface parking lots or parking garages located on a lot that is not occupied by another principal use. Includes parking areas that are available for use by the general public as well as off-site parking areas that serve principal uses on other lots (see also the off-site parking regulations of § 660-90B).

(2)

Supplemental use regulations. Off-street parking uses are subject to the following supplemental use regulations:

(a)

Off-street parking facilities may not be used for sales, long-term storage, repair work or servicing of any kind.

(b)

Off-street parking facilities are subject to all applicable landscape and site design regulations of Article 8 and parking area layout and design regulations of § 660-91.

(c)

Off-street parking facilities are exempt from building coverage limitations that may apply within the subject zone.

(d)

Off-street parking facilities located in an Industrial Zone that abuts or is across the street from an N Zone may not be used for the parking of tractors, tractor trailers, buses, or commercial vehicles equal to or greater than a Class 5 unless such parking or vehicle storage is expressly approved as part of the special exception application.

(e)

Within an N Zone, off-street parking areas are limited exclusively to the parking of passenger automobiles.