1304.01 PRINCIPAL USES.

a) Definition: A freestanding building with no party walls containing one (1) dwelling unit for one (1) family, and having two (2) side yards, one (1) front yard and one (1) rear yard; in the case of a corner lot, the building will have two (2) front yards, one (1) side yard and one (1) rear yard.

b) General Provisions:

1) Single-family detached dwellings shall contain at a minimum 1,600 sq.ft. of gross floor area or 80% of the average gross floor area of all other single-family detached dwellings on abutting properties, whichever is greater.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: Two (2) off-street parking spaces per dwelling unit.

1.01.002 Single-Family Attached Dwelling

a) Definition: A freestanding building containing more than one (1) dwelling unit arranged in a side-by-side configuration with one (1) or more common party walls. Each dwelling unit is on a separate lot.

b) General Provisions:

1) Single-family attached dwellings shall contain at a minimum 1,200 sq.ft. of gross floor area or 80% of the average gross floor area of all other single-family attached dwellings on neighboring properties within 500 feet, whichever is greater.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: Two (2) off-street parking spaces per dwelling unit.

1.01.003 Single-Family Semi-Attached Dwelling

a) Definition: Two (2) dwelling units arranged in a side-by-side configuration and where both units are situated on one (1) lot. For the purposes of this Ordinance, a Duplex Dwelling shall be regulated as a "Multiple-Family Dwelling."

b) General Provisions: See "Multiple-Family Dwelling."

c) Special Exception Provisions: See "Multiple-Family Dwelling."

d) Parking: See "Multiple-Family Dwelling."

1.01.004 Single-Family Dwelling - Conversion from a Different Use

a) Definition: The conversion of a building of another use to a Single-Family Dwelling. Such buildings would typically meet one of the following criteria:

1) Current use of building has little economic usefulness;

2) Original use of building was a Single-Family Dwelling and conversion is intended to restore building to its original use; and/or

3) Use of building in relation to the surrounding neighborhood would be more appropriate as a Single-Family Dwelling.

b) General Provisions: The dimensional, parking, landscaping, and other applicable requirements of this Zoning Ordinance for the Zoning District in which such conversion is proposed shall not be reduced.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: Two (2) off-street parking spaces per dwelling unit.

1.01.005 Mobile Home Park

a) Definition: A parcel or contiguous parcels of land which has been so designated and improved that it contains two (2) or more mobile home lots for the placement thereon of mobile homes.

b) General Provisions:

1) COMPLIANCE - All appropriate provisions of the Subdivision and Land Development Ordinance shall be met.

2) SITE AREA - A site area of not less than one (1) acre shall be provided.

3) LOT AREA - A minimum lot area of three-thousand (3,000) square feet per mobile home shall be provided.

4) REQUIREMENTS - Each mobile home lot shall be provided with a hard surfaced mobile home stand providing a foundation that shall not heave, shift or settle unevenly because of frost action, inadequate drainage, vibration or other forces acting on the superstructure. Each mobile home stand shall be equipped with appropriately designed utility connections and shall have minimum dimensions of fifty (50) by twenty-four (24) feet. The space between the floor of the mobile home and the mobile home stand shall be enclosed to conceal all supports and utility connections.

5) DIMENSIONAL REQUIREMENTS - Regardless of lot size, the side yard distances measured from outside each mobile home to the lot line shall not be less than thirty (30) feet in total and no one side yard distance less than twelve (12) feet. Front yards shall not be less than twenty-five (25) feet and rear yards shall not be less than ten (10) feet and in no case shall the distance between any two mobile homes be less than thirty (30) feet.

6) FLOODPLAIN - Where permitted within any floodplain area, all manufactured homes, any improvements thereto shall conform with the requirements of the City's floodplain ordinances.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: Two (2) off-street parking requirements shall be provided for each dwelling unit.

1.02.001 Multiple-Family Dwellings - New Construction

a) Definition: A freestanding building or portion thereof containing more than one (1) dwelling unit arranged in an over-and-under or horizontal configuration. All units are located on the same lot.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c), and the following requirements shall apply:

	UN2	MIU2	CBD
Minimum Lot Size (Sq. Ft.)	2,000	2,000	1,500
Minimum Lot Width (Ft.)	100	100	100
Side Setback (Ft.)	40	40	40
Maximum Dwelling Units per Acre	15	15	20
Distance Between Buildings (Ft.)	25	25	25
Setback from Parking Areas (Ft.)	25	25	25

1) BUFFERING, SCREENING - Buffering and screening shall be provided to adequately protect neighboring properties - this includes, but is not limited to: fences, walls, planting and open spaces.

2) RECREATION AREA - Recreation space shall be provided in accordance with Section 1336.10 of the Subdivision and Land Development Ordinance.

d) Parking: One and one-half (1.5) off-street parking spaces per dwelling unit, rounded up to the next full space.

1.02.002 Multiple-Family Dwellings - Conversion from a Different Use

a) Definition: The conversion of any commercial, industrial, or institutional building to be used as a multiple-family dwelling.

b) General Provisions:

1) ALTERATION - No structural alteration of the building exterior shall be made except as may be necessary for purposes of safety. For purposes of this subsection, any addition built that is designed to obstruct the intent of this subsection shall be deemed a structural alteration of the building exterior.

2) APPROVAL ALTERATION - Any approved structural alteration shall be located on a side of the building not facing a public street.

3) REQUIREMENTS - The dimensional, parking, landscaping, and other applicable requirements of this Zoning Ordinance for the Zoning District in which such conversion is proposed shall not be reduced.

4) UNITS PER ACRE - Under no circumstances, shall the number of dwelling units exceed the following dwelling units per acre:

	RS2	UN1	UN2	MUI1	MUI2	CBD
Dwelling units/acre:	15	30	24	30	24	70

5) HABITABLE FLOOR AREA - The following minimum habitable floor area per dwelling unit shall apply for residential conversions in all districts:

Bedroom Dwelling Unit	Minimum Habitable Floor Area (Sq. Ft.)
Efficiency	400
1	550
2	700
3	850
4	1000

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c), and the following requirements shall apply:

1) Building must have been vacant for at least two years.

2) The Redevelopment Authority of the City of York must provide a letter of recommendation for the building's use to be converted to the proposed use.

3) A Land Development Plan shall be required.

4) A traffic study prepared by a Professional Engineer (P.E.) specializing in traffic planning must provide certification that the traffic impact of the proposed use is equal to or less than the impact of the last known use of the property.

d) Parking: One and one-half (1.5) off-street parking spaces per dwelling unit, rounded up to the next full space.

1.03.001 Apartment Combined with a Commercial Use

a) Definition: A single-family dwelling unit or multi-family dwelling units combined with a commercial, institutional, or neighborhood commercial use.

b) General Provisions:

1) The proposed non-residential use must be permitted in the district in which the proposed use is located.

2) Non-residential use is permitted on the first floor only.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: Parking for each residential unit and for the non-residential use are to be combined.

1.03.002 Live-Work Unit

a) Definition: A single-family dwelling unit with living space in combination with a shop, office, studio, or other work space within the same unit, where the resident occupant both lives and works, or the conversion of a non-residential structure to a single family dwelling with living space in combination with a shop, office, studio, or other work space within the same structure, where the resident occupant both lives and works.

b) General Provisions: The live-work unit possesses the following characteristics:

1) WORK SPACE - The office or business component of the unit shall not exceed fifty percent (50%) of the total gross floor area of the unit.

2) DEFINITION OF LIVING SPACE- Space within the dwelling unit for living, sleeping, eating, cooking, bathing, washing or sanitation purposes. Living space does not include closets, common or shared hallways or stairways providing access to individual dwelling units.

3) PERMITTED BUSINESS USES - The business component of the building may include home occupations, offices, small personal and business service establishments, home crafts which are typically considered accessory to a dwelling unit, Retailing associated with fine arts, crafts, artist's studio or personal services is permitted only if it is incidental to principal business use.

4) ARTIST'S STUDIO - Aplace designed to be used, or used as both a dwelling place and a place of work by an artist, artisan or craftsperson, including persons engaged in the application, teaching or performance of fine arts such as, but not limited to: drawing, vocal or instrumental music, painting, sculpture and writing.

5) PROHIBITED USES - Prohibited uses include: amusement and recreation uses; bars; pet stores, kennels, animal hospitals; gun and firearm sales; wholesale business; manufacturing business; commercial food service requiring a license, limousine business or auto service or repair for any vehicles other than those registered to residents of the property; auto rental; and automotive service stations and motor vehicle repair garages.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: Parking for each residential unit and for the non-residential use are to be combined.

1.04.001 Group Home

a) Definition: A single-family dwelling designed and used as a residence by no more than five (5) individuals with disabilities, as defined and protected by the Federal Fair Housing Act, as amended, who live together primarily for purposes relating to their disabilities as the functional equivalent of a family in a shared living arrangement licensed or certified by the appropriate county, commonwealth or federal agency.A copy of any such license or certification shall be filed with the City and shall be required to be shown to the Zoning Officer upon request. The group home shall notify the Zoning Officer, in writing, within 14 days, if there is a change in type of clients, the sponsoring agency, and the maximum number of residents, or if applicable certification/license expires, is suspended or withdrawn. A use meeting this definition shall be considered a single-family dwelling for purposes of this Ordinance.

b) General Provisions:

1) No more than two (2) residents may occupy any existing bedroom. Rooms converted to bedrooms (i.e. kitchens, dining rooms, etc.) do not qualify.

2) Occupancy limitations of the Uniform Construction Code of the City of York must be complied with.

3) An on-site resident staff person must be present at all times. This person is to be identified as a paid professional with an appropriate license or certification. Any resident receiving treatment for the disability for which this home was established shall be precluded from serving in this capacity.

4) A group home shall be operated and maintained in the character of a residential dwelling in harmony with and appropriate in appearance to the character of the general vicinity in which it is to be located.

5) In accordance with the Federal Fair Housing Act, a "Group Home - FHA" does not extend to the following people:

A. Persons who claim to be disabled solely on the basis of having been adjudicated a juvenile delinquent;

B. Persons who claim to be disabled solely on the basis of having a criminal record;

C. Persons who claim to be disabled solely on the basis of being registered as a "sex offender;"

D. Persons who currently use illegal drugs

E. Persons who have been convicted of the manufacture or sale of illegal drugs;

F. Persons with or without disabilities who present a direct threat to the persons or property of others.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c), and the following requirements shall apply:

The number of residents in a group home may exceed five (5), with up to eight (8) occupants by special exception, if the general provisions and the following criteria are met:

1) Occupancy limitations of the Uniform Construction Code of the City of York must be complied with; however, at no time shall the number of residents exceed eight (8).

2) The number of occupants must be appropriate for the property and the neighborhood. This shall be determined using any and all available data as to the average family size in homes of similar size in the neighborhood.

d) Parking: Two (2) off-street parking spaces shall be required for the first five (5) residents (as is the case for a single-family dwelling). One (1) off-street parking space shall be provided per staff person on the greatest shift. If additional occupancy is granted by Special Exception, at least one (1) off-street parking space must be provided for each two (2) additional residents beyond the initial five (5). The requirement for additional off-street parking above the initial two (2) spaces may be waived by the Zoning Hearing Board if evidence is provided that due to the nature of the group home, the residents would not operate vehicles. If waived, such parking would need to be added at such point as the nature of the group home changes and parking is deemed to be needed.

1.04.002 Group Quarters

a) Definition: A dwelling designed and used as a residence for more than two (2) and less twelve (12) unrelated people. The facility must be directly affiliated with a parent institution which provides for the overall administration of the residents who reside on premises. Such administration is through the direction of paid professional staff and for the supervision of residents by full time resident staff. Group Quarters shall exclude the following: group home, bed-and-breakfast, personal care facility, dormitories, residence halls, domiciliary care homes, boarding homes, halfway houses, rooming home, and student homes.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c), and the following requirements shall apply:

1) The facility must meet all applicable City Health, Building and Fire codes. The facility shall comply with all other applicable safety and fire codes of the Federal, State and Local government.

2) Occupancy limitations of the Uniform Construction Code of the City of York must be complied with; however, at no time shall the number of residents exceed eight (8).

3) The number of occupants must be appropriate for the property and the neighborhood. This shall be determined using any and all available data as to the average family size in homes of similar size in the neighborhood.

4) A group quarters shall be operated and maintained in the character of a residential dwelling in harmony with and appropriate in appearance to the character of the general vicinity in which it is to be located.

d) Parking: One (1) off-street parking space per occupant of design capacity.

1.04.003 Dormitory

a) Definition: A building arranged or used for lodging by individuals associated directly or indirectly with a parent institutional use providing educational training or services.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c), and the following requirements shall apply:

1) Except within the CBD, no dormitory shall be located within 50' of any existing dwelling or boundary of a residential district.

2) Except within the CBD, no dormitory shall have a maximum capacity exceeding one (1) student per 500 sq. ft. of lot area and shall be restricted to full-time students and college faculty advisors.

3) All residents must be full-time students at an accredited college, university, or trade school.

4) Except within the CBD, the building shall not exceed 65' in height and may not exceed five stories above grade.

d) Parking: One and one-half (1.5) off-street parking space per occupant of design capacity.

1.04.004 Residence Hall

a) Definition: A building for the lodging of individuals associated with a parent institution providing educational services.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c), and the following requirements shall apply:

1) No residence hall shall have a maximum capacity exceeding one (1) student per 500 sq. ft. of lot area and shall be restricted to full-time students and college faculty advisors.

2) No residence hall shall be located within 50' of the boundary of a residential district.

3) The building shall not exceed 10,000 sq.ft.

4) The building shall not exceed six (6) dwelling units with a maximum of four (4) students per unit.

5) Each unit shall have a minimum of 200 sq.ft. of habitable space per occupant, with each occupant having a separate bedroom with at least 120 sq.ft.

6) The building shall not exceed 45' in height and may not exceed three stories above grade.

1.04.005 Accessory Dwelling Unit

a) Definition: An existing carriage house or garage which is converted or enlarged to create an additional residential dwelling unit on the same property as an owner occupied single-family dwelling.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c), and the following requirements shall apply:

A carriage house or garage may be converted to allow an accessory dwelling unit by special exception, when the following conditions are met:

1) Accessory dwelling units may only be established at properties containing an owner-occupied single-family dwelling.

2) The accessory dwelling unit must be removed, or converted back to its prior use at such time as the principal building is no longer used as an owner occupied single-family dwelling.

3) Only one accessory dwelling unit may be created at a property.

4) If the garage or carriage house is expanded to allow for the creation of an accessory dwelling unit, then all dimensional requirements for the Zoning District in which the property is located must be met (i.e. setbacks, building area, etc.).

5) Required off-street parking for the principal single-family dwelling as well as the new accessory dwelling unit must be provided and maintained in accordance with the parking section of this Ordinance. If required off-street parking cannot be provided on-site, then an accessory dwelling unit may not be approved.

6) The accessory dwelling unit may be an efficiency unit or one (1) bedroom unit and must be at least four-hundred (400) square feet and no larger than seven hundred (700) square feet. In no case shall the gross square footage of the accessory dwelling unit be more than fifty percent (50%) of the gross square footage of the principal single-family dwelling on the property.

7) Accessory dwelling units may not be occupied by more than two (2) occupants.

8) The accessory dwelling unit may not be subdivided off into its own parcel of land unless all requirements are met for it to be established as a separate parcel.

9) The accessory dwelling unit must be maintained and licensed in accordance with the City of York's rental housing requirements and all applicable building codes. Tenants must be registered with the City of York.

10) The design of the accessory dwelling unit must be consistent with the design of the principal building.

11) If an existing carriage house or garage is modified or enlarged to accommodate an accessory dwelling unit above, the footprint of the accessory dwelling unit may not be larger than the underlying carriage house or garage. The accessory unit may not "hang over" the building below.

d) Parking: Two (2) off-street parking spaces must be provided for the principal single-family dwelling and one additional off-street parking spaces must be provided for the accessory dwelling unit.

1.04.006 Student Home

a) Definition: A single-family dwelling that provides domicile and living arrangement for three (3) to six (6) students, unrelated by blood, marriage, civil union, or legal adoption, that are matriculated students at a college or university, or that are in the process of attending a college or university, or who are on a semester or summer break from studies at a college or university, or any combination of such people. This term shall not be construed to include or be synonymous with the terms dormitory, homeless shelter or group home.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c), and the following requirements shall apply:

1. A student home may only be established in a single-family dwelling and the residence must be maintained as a single-family dwelling with common cooking/kitchen facilities.

2. Existing living areas or living rooms shall not be converted to bedrooms or sleeping areas.

3. The student home shall be occupied by college students as per defined in this ordinance.

4. The dwelling unit shall have at least 200 sq.ft. of habitable floor area for each resident and a separate bedroom of at least 100 sq.ft. for each resident. In each approved unit, one bedroom may be 70 sq.ft. or larger, when the space was originally designed as a bedroom and meets all other code requirements.

5. The home must be licensed as a rental property by the City of York. Inspection and licensing is required by the City of York.

6. The Zoning Officer shall provide the parent institution with a list of properties approved to be Student Homes by the Zoning Hearing Board and approved for occupancy by the City Codes Department. This list shall indicate, at a minimum, the date of approval, the number of occupants approved for each unit, and the expiration date of approval.

7. The parent institution shall provide to the Zoning Officer access to its list of students residing in each approved unit. This list shall be kept current by the parent institution.

8. Approval of the property as a Student Home shall become null and void immediately in the event the City or parent institution determines that a Student Home is being used in violation of the Zoning Ordinance or any other applicable City code or rule or regulation of the parent institution.

9. The property owner is responsible for routine maintenance and upkeep of the property in accordance with the City's Property Maintenance Code.

10. The student home is not permitted to be converted to a multi-family dwelling.

11. Student homes shall not be established on properties exceeding 8,000 sq.ft.

d) Parking: One (1) off-street parking space per occupant of design capacity. Impervious surface requirements may not be exceeded to accommodate off-street parking requirements. Parking may be reduced to one (1) off-street parking space per one and one-half (1.5) occupants of design capacity when the affiliated parent institution provides to the Zoning Hearing Board an affidavit setting forth how parking at the facility will be limited to the number of spaces provided and where additional vehicles will be parked. A parking permit issued to the college student from the parent institution where the student is enrolled for a period commensurate with the occupancy within the Student Home is a sufficient instrument of evidence for compliance. Parking provided by sources/facilities other than the parent institution will require affidavits as instruments of evidence for compliance. On-street parking shall not be a permissible alternative. Approval of this use shall be deemed to expire at such time as the provisions included in this affidavit cease to be enforced by the parent institution.

1.04.007 Retirement Village

a) Definition: A building or group of buildings designed to serve the housing needs of people 55+ in a continuum of care environment through facilities which relate both to dependent and independent people, such facilities may include independent living units, sheltered care units, nursing care facilities, and related support services.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per occupant of design capacity.

1.05.001 Planned Residential Unit (PRD)

a) Definition: An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of a municipal zoning ordinance.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: To be in accordance with the PRD provisions of this ordinance.

2.01.001 Livestock Farming

a) Definition: Use of a property for agricultural purposes involving livestock or animals.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One and one -half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

2.01.002 Kennel / Stable

a) Definition: A structure used for the shelter of animals, either as a business or hobby, with or without overnight accommodations.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: If the facility has a staff, than one and one -half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

2.02.001 Crop Farming

a) Definition: The farming of land for general crop production. A backyard vegetable garden, accessory to a residential use, is not included in this definition.

b) General Provisions: Property must be at least one contiguous acre in size.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One and one -half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

2.02.002 Forestry

a) Definition: 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.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: N/A

2.02.003 Horticulture

a) Definition: The growing of fruit, vegetables, flowers, ornamental plants or trees for a profit.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One and one-half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

3.01.001 Cemetery

a) Definition: Property used for the burial of the dead.

b) General Provisions:

1. Minimum lot area shall be five (5) acres.

2. Crematoriums shall not be allowed

3. Grave sites shall be set back at least fifty (50) feet from all property lines.

4. No structure other than grave markers shall be located within 350 feet any property line

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One and one-half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space. Parking for vehicles involved in a funeral must be designed into the layout of the facility.

3.01.002 Mortuary / Funeral Home

a) Definition: A building in which one (1) or more parlors or rooms are maintained for the temporary resting place of the deceased pending final disposition thereof. Such building may include the following: space and facilities for the preparation of such bodies for burial; a chapel for the purpose of conducting religious or memorial services and viewing; rooms or space for administrative offices for conducting the business of the home; and/or space for the housing of equipment, including motor vehicles. Emergency ambulance service shall not be provided from the building.

b) General Provisions:

1) FRONTAGE, ACCESS - Mortuaries shall have frontage on, and access to, an arterial or collector street in all Zoning Districts where allowed.

2) RESIDENTIAL DISTRICT CONDITIONS - In UN and MUI districts, mortuaries shall be established only within existing principal buildings in addition to authorized extensions thereto.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 50 square feet of floor area for public use, or one off-street parking space per four seats in the assembly area, whichever is greater.

3.01.003 Crematorium

a) Definition: A facility licensed by the Pennsylvania Department of Environmental Protection and equipped with a furnace for the purpose of reducing the deceased to ashes by heat.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per employee of the largest shift.

3.01.004 Memorial Garden

a) Definition: Land used for cremated remains including a garden for cremated remains or columbarium for cinerary interment or a combination thereof.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c), and the following requirements shall apply:

1) Minimum lot area shall be five (5) acres.

2) Crematoriums shall not be allowed

3) Grave sites shall be set back at least fifty (50) feet from all property lines.

4) No structure other than grave markers shall be located within 350 feet any property line

3.02.001 Library

a) Definition: A building containing books, periodicals, reference materials, computers, and other media for the general public to review and/or borrow.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 250 sq.ft. of gross floor area.

3.02.002 Community Center

a) Definition: A building used for recreational, social, educational, and cultural activities associated with the operation of a non-profit organization.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 250 sq.ft. of gross floor area.

3.02.003 Art Gallery

a) Definition: A building where art is created, displayed, and/or offered for sale.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 250 sq.ft. of gross floor area.

3.02.004 Museum

a) Definition: A building or institution where objects of artistic, historical, or scientific importance are kept, studied, and displayed.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 250 sq.ft. of gross floor area.

3.02.005 Theater

a) Definition: A building used to show motion pictures, or to perform dramatic productions, music or other live performances.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per four seats of total capacity or adequate public parking facility located within 300 feet of the theater.

3.03.001 Educational Facility - Grades K-12 or Equivalent

a) Definition: Includes public and private elementary and secondary schools, charter schools, and alternative education facilities.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c), and the following requirements shall apply:

1. Must occupy a building previously built and intended to be used as a school.

2. Replacement structures cannot exceed existing footprints.

d) Parking: One (1) off-street parking space per employee plus one off-street parking space for each twenty students under grade ten or equivalent, and one space for each ten students grade ten or greater, or equivalent. The number of students of each age shall be based on design capacity.

3.03.002 Educational Facility - Post Grade 12 or Equivalent

a) Definition: Includes colleges, universities, business schools, community college, and trade schools, other than those defined as "Industrial Education."

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per employee plus one off-street parking space for each three students based on design capacity.

3.03.003 Specialized Instruction - Dance, Music, and Art

a) Definition: This includes Visual Arts and Crafts, Theatrical Arts, and Applied Arts.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per employee plus one off-street parking space for each three students based on design capacity.

3.03.004 Industrial Education

a) Definition: Specialized school teaching industrial skills. This definition differs from a "Trade School" in that instruction is taught in an industrial setting or facility rather than a classroom environment.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per employee plus one off-street parking space for each student based on design capacity.

3.04.001 House of Worship

a) Definition: A building, structure or group of buildings or structures, including accessory uses, designed or intended for worship by any faith. This definition includes churches, synagogues, mosques, temples, and any other similar use. Accessory uses may include rectories, convents, church-related schools, church day-care facilities, cemeteries, memorial gardens, columbariums, or any combination thereof.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c), and the following requirements shall apply:

1) Must be proposed in an existing structure originally built for use as a place of assembly.

2) Replacement structures are not to exceed the footprint of the existing structure.

d) Parking: One (1) off-street parking space per four seats provided for public assembly or one (1) off-street parking space per 250 ft² of gross floor area when no seats are provided.

3.05.001 Jails and Prisons

a) Definition: A building used to detain convicted criminals or persons awaiting trial for a crime and under the administration of the Federal, Commonwealth, County, or Local Municipal government. This term shall include facilities where prisoners may be released for a portion of their day to attend work or participate in other activities as may be permitted by the prison.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per employee of largest shift, plus one off-street parking space per visitor, based on design capacity. If prisoners, such as work-release inmates, are permitted personal vehicles then one additional off-street parking space must be permitted for each prisoner permitted to park on-site.

3.05.002 Halfway Houses

a) Definition: A residence or center designed to ease people back into society after their release from an institution such as prison. A halfway house will be located within a dwelling designed and used as a residence for more than two (2) and less than twelve (12) unrelated people. The facility must be directly affiliated with a parent institution which provides for the overall administration of the residents who are required to reside on premises to benefit from services. Such administration is through the 24-hour on-site direction of paid professional staff and for the supervision of residents by full-time resident staff.A halfway house is for persons who are not currently completing a prison sentence. Facilities for persons completing sentences shall be classified as a "Jail and Prison."

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c), and the following requirements shall apply:

1) HABITABLE FLOOR AREA - Halfway houses shall provide at least two-hundred (200) square feet of gross floor area for each occupant.

2) CODES - The dwelling must meet all applicable City Health, Building and Fire codes. The facility shall comply with all other applicable safety and fire codes of the Federal, State and Local government.

3) SIGNAGE - Signs shall be allowed in accordance with Article 1308 Sign Requirements.

4) An on-site resident staff person must be present at all times. This person is to be identified as a paid professional with an appropriate license or certification. Any resident benefitting from the services which this house was established to provide for the residents shall be precluded from serving in this capacity.

d) Parking: One (1) off-street parking space for each resident plus one (1) off-street parking space for each employee (on-site staff) of the largest shift.

3.06.001 Child Care Center

a) Definition: A child care facility in which seven (7) or more children who are not related to the operator receive child care. A child care center must have a certificate of compliance ("license") from the DPW in order to legally operate.

b) General Provisions:

1) LICENSURE - The facility shall obtain a certificate of licensure from the Commonwealth of Pennsylvania and shall provide a copy of the certificate to the City prior to occupancy approval by the City. The facility must be in compliance with all applicable City Health, Building and Fire codes.

2) PLAY AREAS - Indoor and outdoor play areas shall be provided in accordance with Commonwealth of Pennsylvania regulations, as specified in 55 PA Code, Section 3270. Outdoor play areas for children must be located in a side or rear yard and shall be sufficiently enclosed to provide for the health and safety of the children. Outdoor play areas must be screened in accordance with Article 1305.02 Buffering and Screening. A child care center without at least forty (40) square feet of outdoor play area shall only be permitted if located within one-half (1/2) mile walking distance of a City park.

3) DROP-OFF / PICKUP -Adequate vehicle stacking space must be provided for drop-off/pick-up of children.

4) SIGNS - Signage visible from the street must comply with Article 1308 Signs.

5) RESIDENTIAL DISTRICTS - In residential districts, the childcare center must be an accessory use either to the building or business.

6) ADDITIONAL REQUIREMENTS - All local licensing and permit requirements/standards shall be met.

7) HOURS OF OPERATION - Must be suitable to neighborhood where use has been proposed. Overnight care may be permitted when approved by the Pennsylvania Department of Public Welfare.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per employee plus one (1) off-street parking space for each two classrooms.

3.06.002 Group Child Care Home

a) Definition: A child care facility in which seven (7) through twelve (12) children of various ages or in which seven (7) through fifteen (15) children from 4th grade through fifteen (15) years of age who are not related to the operator receive child care. A group child care home must have a certificate of compliance ("license") from the Department of Public Welfare (DPW) in order to legally operate.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c), and the following requirements shall apply:

1) LICENSURE - A Group Child Care Home must have a certificate of compliance ("license") from the Commonwealth of Pennsylvania Department of Public Welfare in order to legally operate. In addition, the home must be in compliance with all applicable City Health, Building and Fire codes.

2) PLAY AREAS - Indoor and outdoor play areas shall be in compliance with DPW requirements as specified in 55 PA Code 3280. Outdoor play areas for children must be located in a side or rear yard and shall be sufficiently enclosed to provide for the health and safety of the children. Outdoor play areas must be fenced or screened in accordance with Section 1305.02 Buffering and Screening.

3) UNSIGHTLY CONDITIONS - Child care daily operations must not cause unsightly conditions or waste that is visible from off the property except for normal trash loads placed on curb for regular trash pick-up day.

4) SIGNS - Signage visible from the street must comply with Article 1308 Signs.

5) TRAFFIC - The child care operation must not create a volume of passenger or commercial traffic that is inconsistent with the normal level of traffic for the street on which the dwelling or building is located. Adequate vehicle stacking space must be provided for drop-off/ pick-up of children.

6) HOURS OF OPERATION - Must be suitable to neighborhood where use has been proposed. Overnight care may be permitted when approved by the Pennsylvania Department of Public Welfare.

d) Parking: One (1) off-street parking space per employee plus one (1) off-street parking space for each two classrooms.

3.07.001 Hospital

a) Definition: Any institution licensed by the Commonwealth of Pennsylvania as a "hospital," which receives inpatients and outpatients and renders medical, surgical or obstetrical care twenty-four (24) hours per day. Hospital shall also include nursing facility, including facilities for mental patients, epileptics, alcoholics, senile psychotics or drug addicts that are cared for or treated. Accessory medical uses such as eating establishments, mortuaries and retail uses may be provided on site.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per two beds, plus two (2) off-street parking spaces per three employees of the largest shift, plus one (1) off-street parking space per staff doctor.

3.07.002 Medical Facility

a) Definition: A building or group of buildings established where patients are accepted for special study, treatment and related services by a group of medical practitioners for the purpose of providing health services to people on an outpatient basis. This definition includes lab facilities, specialized clinics, plasma donation centers and other blood establishments.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 250 sq.ft. of gross floor area.

3.07.003 Medical Office

a) Definition: An office where patients are seen by doctors, dentists, orthodontists, and other similar licensed medical professionals.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 250 sq.ft. of ground floor gross floor area, plus one (1) off-street parking space per 400 sq.ft. of gross floor area on other occupied floors.

3.07.004 Methadone Treatment Facility

a) Definition: A facility licensed by the Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons.

b) General Provisions: N/A

c) Conditional Use Provisions: All General Provision requirements, in addition to the Conditional Use provisions of section 1311.13, and the following requirements shall apply:

1) Notwithstanding any other provision of law to the contrary and except as provided in subsection (2), a methadone treatment facility shall not be established or operated within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.

The provisions of this subsection shall apply whether or not an occupancy permit or certificate of use has been issued to the owner or operator of a methadone treatment facility for a location that is within 500 feet of an existing school, public playground, public park, residential housing area, child care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.

2) Notwithstanding subsection (1), a methadone treatment facility may be established and operated closer than 500 feet of an existing school, public playground, public park, residential housing area, childcare facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility if, by majority vote, City Council votes in favor of the issuance of an occupancy permit or certificate of use for said facility at such a location. At least 14 days prior to City Council voting on whether to approve the issuance of an occupancy permit or certificate of use for a methadone treatment facility at a location that is closer than 500 feet of an existing school, public playground, public park, residential housing area, child care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the municipality following public notice. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearings at least 30 days prior to said public hearings occurring.

3) This section shall not apply to a methadone treatment facility that is licensed by the Department of Health prior to May 15, 1999.

d) Parking: One (1) off-street parking space per 250 sq.ft. of ground floor gross floor area, plus one (1) off-street parking space per 400 sq.ft. of gross floor area on other occupied floors.

3.08.001 Veterinarian / Animal Hospital - Household Pets

a) Definition: A place where dogs, cats, and other small animals commonly kept as a household pet, are given medical or surgical treatment.

b) General Provisions:

1) Use of the facility as a kennel for overnight accommodations shall not be permitted except for pets undergoing medical or surgical treatment.

2) With the exception of dogs, pets shall not include any animal which at full growth is expected to exceed 100 pounds in weight.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 250 sq.ft. of gross floor area.

3.08.002 Veterinarian / Animal Hospital - Non-Household Animals

a) Definition: A place where animals other than common household petsare given medical or surgical treatment.

b) General Provisions:

1) Use of the facility as a kennel for overnight accommodations shall not be permitted except for animals undergoing medical or surgical treatment.

2) The facility must be fenced to insure that all animals brought to the facility remain within the property area designated for this use.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 250 sq.ft. of gross floor area.

3.09.001 Adult Care Home

a) Definition: A portion of a dwelling, other than the person's residence, in which services are provided or arranged to assist in meeting the needs, including personal care, social, nutritional, health and educational needs for part of a twenty-four (24) hour day. Care is provided for up to six (6) people unrelated to the operator. The facility must be licensed by the Commonwealth and conducted in accordance with Commonwealth requirements.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) space per resident and one (1) space for every 3 persons receiving care.

3.09.002 Adult Care Facility

a) Definition: A building, or portion of a building, other than the person's residence, in which services are provided or arranged to assist in meeting the needs, including personal care, social, nutritional, health and educational needs for part of a twenty-four (24) hour day. Care is provided for more than six (6) people unrelated to the operator. The facility must be licensed by the Commonwealth and conducted in accordance with Commonwealth requirements.

b) General Provisions:

2) RECREATION AREAS - Indoor and outdoor recreation areas shall be provided in accordance with Commonwealth of Pennsylvania regulations, as specified in 55 PA Code, Section 3270. Outdoor recreation areas for adults must be located in a side or rear yard and shall be sufficiently enclosed to provide for the health and safety of the adults. Outdoor recreation areas must be screened in accordance with Article 1305.02 Buffering and Screening. An adult care facility without at least forty (40) square feet of outdoor recreation area shall only be permitted if located within one half (1/2) mile walking distance of a City park.

3) DROP-OFF / PICKUP -Adequate vehicle stacking space must be provided for drop-off/pick-up of adults.

4) SIGNS - Signage visible from the street must comply with Article 1308 Signs.

5) RESIDENTIAL DISTRICTS - In residential districts, the adult care facility must be an accessory use either to the building or business.

6) ADDITIONAL REQUIREMENTS - All local licensing and permit requirements/standards shall be met.

7) HOURS OF OPERATION - Must be suitable to neighborhood where use has been proposed.

8) OCCUPANCY - Minimum habitable floor area per resident shall be in accordance with the applicable building code and state licensing requirements.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) space per resident and one (1) space for every 3 persons receiving care.

3.09.003 Nursing Home

a) Definition: An institution that provides either skilled or intermediate long-term nursing care to patients, who are unrelated to the nursing home administrator for a period exceeding twenty-four (24) hours. The building must be licensed by the Commonwealth and conducted in accordance with Commonwealth requirements.

b) General Provisions: N/A

c) Special Exception Provisions: Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) space per resident and one (1) space for every 3 persons receiving care.

3.09.004 Personal Care Facility

a) Definition: A dwelling providing health related care and service provided on a regular basis to more than three (3) patients who are resident individuals and who do not require hospital or skilled nursing care, but who, because of mental, physical conditions, or age require the services under a plan of care supervised by licensed and qualified personnel. The facility must be licensed by the Commonwealth and be conducted in accordance with Commonwealth requirements.

b) General Provisions:

1) OCCUPANCY - Minimum habitable floor area per resident shall be in accordance with the applicable building code.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 1,000 sq.ft. of gross floor area.

3.10.001 Emergency Shelter

a) Definition: A building or dwelling owned and/or operated by a non-profit business entity that provides emergency services and shelter to clients. Temporary shelters established for disasters (i.e. fires, storms, power outages, etc.) are not covered by this definition.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c), and the following requirements shall apply:

1. CODES - The facility must be in compliance with all applicable City Health, Building and Fire codes.

2. ACCESSORY USES - The facility may contain office space for case management, administration, health care, workshops, training and other similar activities. No more than thirty percent (30%) of the building may be used for accessory uses.

3. LENGTH OF STAY - Clients of the shelter may reside at the property no more than sixty (60) calendar days per year.

4. SIGNAGE - Emergency shelters must address the standards of Article 1308 Sign Requirements

d) Parking: One (1) off-street parking space per 500 sq.ft. of gross floor area.

3.10.002 Community Food Bank

a) Definition: A building used to collect food donations for redistribution to persons in need. Distribution can be as a charitable donation or at a cost substantially lower than would customarily be charged at a retail grocery store.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 500 sq.ft. of gross floor area, excluding warehousing areas, plus one (1) off-street parking space per employee.

3.10.003 Club, Not For Profit

a) Definition: An organization catering exclusively to members and their guests including premises and/or buildings for social, recreation, and administrative purposes that are not conducted for profit, providing also that merchandising or commercial activities are not conducted except as required for the membership of such club. Clubs shall include, but not be limited to, service and political organizations, labor unions, social and athletic clubs.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 250 sq.ft. of gross floor area.

4.01.001 Adult Entertainment Facility

a) Definition: An establishment whose purpose is to provide adult entertainment of a sexual nature, including, but not limited to, adult bookstores, adult video stores, adult video booths, adult cabaret, adult theaters, and/or adult massage parlor or studio.

b) General Provisions:

c) Conditional Use Provisions: All General Provision requirements, in addition to the Conditional Use provisions of section 1311.13, and the following requirements shall apply:

1) PURPOSE - Pursuant to the authority granted in the Municipalities Planning Code to promote the health, safety, morals and general welfare of the inhabitants of the City of York by meeting a community goals and objectives as described in Section 1301, the purpose of this Section is to regulate the location and placement of adult facilities, including adult bookstores, adult cabarets and adult theaters, thereby controlling and minimizing the adverse effects of those sexually-oriented businesses and thereby protecting the health, safety and welfare of its citizens, protecting the citizen's property values and the character of surrounding neighborhoods and deterring the spread of blight.

The City of York does not intend this section to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance which addresses the secondary effects of sexually-oriented businesses. It is not the intent of the City in enacting this ordinance to deny any person rights of speech protected by the Constitution of the United States or the Constitution of the Commonwealth of Pennsylvania, or both, nor is it the intent of the City to impose any additional limitations or restrictions on the contents of any communicative materials, including sexually-oriented films, videotapes, books or other materials. Further, by enacting this ordinance, the City does not intend to deny or restrict the rights of any adult to obtain or view, or both, any sexually-oriented materials or conduct protected by the Constitution or the United States or the Constitution of the Commonwealth of Pennsylvania, or both, nor does it intend to restrict or deny any constitutionally protection rights that distributors or exhibitors of sexually-oriented materials have to sell, distribute or exhibit such materials.

2) FINDINGS - The City of York finds as follows:

A. BACKGROUND - Law enforcement personnel have determined, and statistics and studies performed in a substantial number of communities in this Commonwealth and in the United States, indicated that sexually-oriented businesses have adverse secondary effects, which secondary should be regulated to protect the public health, safety and welfare. These secondary effects include, but are not limited to: the spread of communicable diseases, performance of sexual acts in public places, presence of discarded sexually-oriented materials on public and private property, sexual harassment, obscenity, prostitution and other illegal sexual activities, crimes, decreased property values and neighborhood deterioration.

B. SECONDARY EFFECTS - Based on evidence concerning the adverse secondary effects of adult uses on the community in findings incorporated in the cases of City of Renton v. Playtime Theatres Inc., 475 U.S. 41 (1986); Young V. Amer. Mini Theatres, 426 U.S. 41 (1976); and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991) and other information available to the City, the City finds as follows:

1) Sexually-oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments.

2) Certain employees of adult cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.

3) Sexual acts, including masturbation, and oral and anal sex, occur at sexually-oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos or live sex shows. Furthermore, adult bookstores tend to attract customers who engage in unprotected, high risk sexual activities.

4) People frequent certain adult theatres and other sexually-oriented businesses for the purpose of engaging in sexual activities within the premises of such sexually-oriented businesses.

5) At least fifty (50) communicable diseases may be spread by activities occurring in sexually-oriented businesses, including, but not limited to: syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, Hepatitis B, Non A, Non B, amebiasis, salmonella infections and shigella infections.

6) The Surgeon General of the United States, in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components and from an infected mother or her newborn child.

7) According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

8) Numerous studies have indicated that sexually-oriented businesses have substantial negative impact on property values and cause neighborhood blight.

9) The findings noted above raise substantial governmental concerns.

10) Sexually-oriented businesses have adverse secondary effects, which secondary effects should be regulated through zoning to protect public health, safety and welfare.

11) The general welfare, health and safety of the citizens of the City will be promoted by the enforcement of this Section.

C. INTERPRETATION OF REGULATION - In interpreting and applying the provisions of this Section, they shall be held to be the minimum requirements for the promotion of the public health, safety, comforts, convenience and general welfare of City of York citizens. Where the provisions of any statute, other ordinance or regulations impose greater restrictions than this section, the provisions of such statute, other ordinance or regulation shall be controlling. Where the provisions of this Section impose greater restrictions than those of any statutes, other ordinance or regulation, the provisions of this Section shall be controlling to the extent allowed by law. However, in no case, shall the provisions of this Section be interpreted in such a manner as to violate the United States Constitution or the Constitution of the Commonwealth of Pennsylvania.

D. REGULATIONS

1) All lot lines of any lot upon which an adult bookstore is to be located shall be more than one-thousand (1,000) feet from any lot line of any lot upon which is located another sexually-oriented business.

2) All lot lines of any lot upon which an adult bookstore is to be located shall be more than one-thousand (1,000) feet from any lot lien of any lot upon which is located a public or private school, park or playground, child day care center, child day care home, house of worship or residence, and any boundary line of any Residential Zoning District, including those in the City of York or any neighboring municipality.

3) The one-thousand (1,000) feet reference in Subsection (c)(1) and (2) shall be measured in a straight line between the nearest lot line of the adult bookstore to the nearest point on the lot line of the district or facility referenced in these sections.

4) No materials, merchandise, film or service offered for sale, rent, lease, loan or for review shall be exhibited, displayed or graphically represented outside of a building or structure.

5) Any building or structure used and occupied as a sexually-oriented business shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service or entertainment are exhibited or displayed and no sale materials, merchandise, film or offered items of service or entertainment shall be visible from outside of the structure.

6) No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service or entertainment offered therein.

7) Each and every entrance to the structure shall be posted with a notice of a least four (4) square feet that the use is an adult bookstore, that people under the age of eighteen (18) are not permitted to enter and warning all others that they may be offended upon entry. This sign shall not count towards the business' allocated sign allotment.

8) The sexually-oriented business building and parking areas shall be sufficiently illuminated so as to deter illegal activity and provide visibility to every point on the site, as measured at the surface of the ground. All such lighting shall be shielded from adjacent properties and streets.

9) All applicable City codes and licensing requirements must be met.

d) Parking: One (1) off-street parking space per 250 sq.ft. of gross floor area.

4.02.001 Airport - General

a) Definition: An area of land, water, or structural surface designed for discharge or pickup of passengers or cargo from or by airplanes, plus accessory buildings use.

b) General Provisions: N/A

c) Conditional Use Provisions: All General Provision requirements, in addition to the Conditional Use provisions of section 1311.13.

d) Parking: To be determined by City Council based on the specifics of a conditional use application.

4.02.002 Heliport

a) Definition: An area of land, water, or structural surface designed for discharge or pickup of passengers or cargo from or by helicopters, plus accessory buildings and uses.

b) General Provisions: N/A

c) Conditional Use Provisions: All General Provision requirements, in addition to the Conditional Use provisions of section 1311.13.

d) Parking: To be determined by City Council based on the specifics of a conditional use application.

4.02.003 Helistop

a) Definition: An area of land, water, or structural surface designed for discharge or pickup of passengers or cargo from or by helicopters, but excluding field service or maintenance.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c), and the following requirements shall apply:

1) PROHIBITED - No fuel service, maintenance or overhaul facilities shall be included.

2) LANDING AREA MINIMUM - A minimum landing area of one-hundred (100) feet by one-hundred (100) feet shall be provided except for rooftop land areas, which shall have a minimum landing area of forty (40) feet by forty (40) feet.

3) FENCING, SCREENING - All landing areas, except for rooftop landing areas higher than thirty-five (35) feet, shall be surrounded by a fence at least eight (8) feet in height or screening in accordance with Section 1305.02 Screening and Buffering.

4) ADJOINING LAND USES - The proposed helistop shall not adversely affect adjoining land uses, the safety of nearby residents or employees, or the future growth and development of the area.

5) ACCESSORY USE - The proposed helistop shall be permitted only as an accessory use to a permitted use in the Zoning District in which the helistop is proposed.

6) FAA REQUIREMENTS - Helistops must comply with all applicable regulations of the Federal Aviation Administration (FAA).

d) Parking: N/A

4.03.001 Bank/Credit Union

a) Definition: A business that keeps money and offers financial services for individual people or companies. A Bank/Credit Union differs from a Financial Office in that a Bank/Credit Union offers retail counter service to its customers at its facility.

b) General Provisions:

1) A Bank/Credit Union may be an accessory use if located within another permitted business and primarily serves the employees of that business.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 250 sq.ft. of ground floor gross floor area, plus one (1) off-street parking space per 400 sq.ft. of gross floor area on other occupied floors, in addition to one (1) space per employee.

4.03.002 Business, Financial, Professional Office

a) Definition: A service oriented occupation use wherein the professional services of the practitioner are the salable commodity offered to the client. A use that involves administrative, clerical, or professional operations and operations of a similar character. A Bank/Credit Union and Contractors' Officeswith Storage are NOT included in this definition.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

4.03.003 Business Service Establishment

a) Definition: An establishment whose business is to provide office and business services. The services are provided on-site or preparation of goods is conducted on-site for use at a different location. Those activities are limited to: the service and repair of furniture, office equipment, medical supplies and equipment and commercial appliances; the supply and servicing of vending devices or frozen food lockers; the painting, repair and assembly of signs; printing, copy and photo stating services; arts, crafts, drafting and stationery supplies; food catering; interior decorating; taxidermy; upholstering; and laundry and dry cleaning plants. Uses which shall not be interpreted to be business service establishments are: retail shops and stores; gasoline and motor vehicle service stations; vehicular sales, service and repair; mortuaries; warehouses and distribution facilities; and contractor's offices.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 800 sq.ft. of gross floor area, plus one (1) off-street parking space per 1,500 sq.ft of lot area devoted to outdoor sales and/or storage.

4.03.004 Pet Grooming - No Overnight Boarding

a) Definition: A building where household pets are brought for grooming, including but not limited to hair cutting, washing, and care of teeth and nails.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 500 sq.ft. of gross floor area.

4.03.005 Repair and Maintenance of Small Appliances, Clothing, Jewelry, Radio/Television, Tools, Bicycles, Guns, Locks, Shoes

a) Definition: A facility established to provide for the repair and maintenance of small appliances, clothing, jewelry, radio/television, tools, bicycles, guns, locks, and shoes.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 500 sq.ft. of gross floor area.

4.03.006 Recreational Facility, Commercial

a) Definition: An activity operated as a gainful business and open to the public for the purpose of public entertainment or recreation including, but not limited to: bowling alleys, theaters, health clubs, miniature golf courses, video arcades, arenas, swimming pools, skating rinks and public grounds.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per four persons of design capacity.

4.04.001 Eating Establishment, Sit-Down

a) Definition: A public eating place inspected and licensed by the City of York Bureau of Health offering primarily sit-down counter or table service and custom foods prepared on-site for on-premises consumption. This definition also applies to those restaurants which are approved and licensed by the Pennsylvania Liquor Control Board to dispense alcoholic beverages.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 100 sq.ft. of gross floor area, or one (1) off-street parking space perfour seats, whichever is greater, plus one (1) off-street parking space per two full time employees of the largest shift.

4.04.002 Eating Establishment, Fast-Food

a) Definition: A public eating place inspected and licensed by the City of York Bureau of Health primarily offering primarily food which is ordered at a counter or a drive-through, prepared for each customer, and served in a matter of minutes. Menus are displayed on signs displayed at the ordering counter and, where applicable, at the drive-through area. Table service is not provided. Most establishments meeting this definition will be a franchise or chain, although not required.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 100 sq.ft. of floor area, not including areas restricted from public access, or one (1) off-street parking space per four seats, whichever is greater, plus two (2) off-street parking space per three full-time employees of the largest shift.

4.04.003 Eating Establishment, Quick Serve

a) Definition: A public eating place inspected and licensed by the City of York Bureau of Health primarily offering stand-up counter, vending devices, window or in-car service and offering packaged prepared or standardized food for either on or off-premises consumption.

b) General Provisions:

1. Vending devices are only permitted when enclosed within a building.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 50 sq.ft. of gross floor area, or one (1) off-street parking space per four seats, whichever is greater, plus two (2) off-street parking space per three full-time employees of the largest shift.

4.04.004 Eating Establishment, Nightclub

a) Definition: A use which is a place of amusement similar to such uses as a bar, cocktail lounge or restaurant in the serving of food or drink, but distinguished from such uses by the provision of live entertainment and/or dancing facilities. Nightclubs include, but are not limited to: bars with live entertainment and discotheques. This use shall not include any entertainment of a sexual nature and is not to be confused with adult entertainment facilities.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 50 sq.ft. of gross floor area, or one (1) off-street parking space per four seats, whichever is greater, plus two (2) off-street parking spaces per three (3) full-time employees of the largest shift.

4.04.005 Eating Establishment, Tavern

a) Definition: An establishment which serves primarily alcoholic beverages for mostly on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. Taverns may also serve food, but no live entertainment shall be permitted.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 50 sq.ft. of gross floor area, or one (1) off-street parking space per four seats, whichever is greater, plus two (2) off-street parking spaces per three (3) full-time employees of the largest shift.

4.04.006 Eating Establishment, Brew Pub

a) Definition: A facility where malt or brewed beverages are manufactured on-site. The mini-brewery may sell, transport and deliver malt beverages to various off-site locations; however, the majority of the manufactured malt or brewed beverage products is sold and consumed on-premises. The facility must be licensed by the Commonwealth and conducted in accordance with Commonwealth requirements.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 50 sq.ft. of gross floor area, or one (1) off-street parking space per four seats, whichever is greater, plus two (2) off-street parking spaces per three (3) full-time employees of the largest shift.

4.05.001 Bed & Breakfast

a) Definition: An owner occupied dwelling where sleeping units are rented to overnight guests on a nightly basis. Dining and other facilities shall not be open to the public, but shall be exclusively available to registered guests and their visitors. Rooms shall not have separate utilities or provisions for cooking.

b) General Provisions:

1) The individual or family who operates the facility must occupy the house as their primary residence.

2) Bed and breakfast facilities are limited to a maximum of 5 bedrooms for guests.

3) Bed and breakfast facilities may have nonresident employees for such activities as booking rooms and food preparation. Hired service for normal maintenance, repair and care of the residence or site such as yard maintenance may also be approved. The number of employees and the frequency of employee auto trips to the facility may be limited or monitored as part of approval.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: Two (2) off-street parking spaces plus one (1) off-street parking space for each guest room available for rent to guests.

4.05.002 Hotels, Motels, Convention Center

a) Definition: A building or group of buildings designed primarily to offer transient lodging accommodations on a daily rate while providing twenty-four (24) hour service for receiving and assisting the general public tenants. The building may provide additional services, such as restaurants, meeting rooms and recreational facilities.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space for each room plus one (1) off-street parking space for each 400 sq.ft. of space devoted to accessory uses.

4.06.001 Motor Vehicle Sales, Repair, and Rental

a) Definition: An establishment for the sale or rental of motor vehicles and/or the repair or servicing of same vehicles, including painting, spraying, body and fender work or the presence of a car-washing facility, provided that all repair and paint work is performed within an enclosed building and all motor vehicle parts, refuse and similar articles are stored within a building or enclosed area.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One off-street parking space for each service bay and one off-street parking space per 400 sq. ft. of net floor area devoted to sales, and one off-street parking space per each employee of the largest shift.

4.06.002 Motor Vehicle Service

a) Definition: Any area of land, including structures thereon or any building or part thereof, used for the sale of gasoline, other motor vehicle fuel or accessories, which may or may not include facilities for lubricating, washing, servicing, major repairs, painting, body and fender repairs, vehicular rentals and automatic car washes, but shall not include vehicular sales.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

4.06.003 Motor Vehicle Gasoline Station

a) Definition: Any area of land, including structures thereon, used for the sale of gasoline or any other motor vehicle fuel, oil and other lubricating substances, including any sale of motor vehicle accessories at retail only, and which may or may not include facilities for lubricating, washing and servicing motor vehicles, but shall not include major repairing, body and fender work, painting, vehicular sales or rental or automatic car washes.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One off-street parking space for each service bay and one off-street parking space per 400 sq.ft. of net floor area devoted to sales, and one off-street parking space per each employee of the largest shift.

4.06.004 Car Wash / Detailing

a) Definition: A facility used primarily for exterior and interior washing and detailing of motor vehicles, not involving the sale or dispensing of fuel or the repair of vehicles.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One space per employee.

4.07.001 Retail - General

a) Definition: Establishments limited to shops and stores whose primary activities involve the sale or lease of: amusements and games; antiques; art; books; beverages; carpets and rugs; ceramics and glass; confections; drugs; dry goods; flowers; food; furniture; gifts; garden supplies; hobbies; hardware; household appliances, household pets and supplies; leather goods; musical supplies and equipment; notions; paint; periodicals; photographs and photographic equipment; radio-television and sound equipment; sporting and camping goods; stationery; tobacco; toys and wearing apparel. The wholesale distribution or manufacture of the aforementioned products is not included.

b) General Provisions: Vending devices shall be considered a retail use and must be placed within the interior confines of the building (see §1304.1-7.18).

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 200 sq.ft. gross floor area.

4.07.002 Retail - Shopping Center

a) Definition: A group of two or more retail stores built around a shared parking area. Restaurants and other businesses may also be included if developed as an integral part of the center.

b) General Provisions: N/A

c) Conditional Use Provisions: A shopping center requiring subdivision or land development approval must provide the following:

1) OWNERSHIP - The shopping center shall be under single ownership of an integrated design for development consisting of three (3) or more distinct commercial areas separated by physical barrier or through a lease arrangement;

2) TRAFFIC IMPACT STUDY - During Land Development review, a Traffic Impact Study shall be conducted and presented to the City for review and analysis. The traffic study shall be prepared by a certified traffic engineer, or alternative traffic expert acceptable to the Planning Bureau. The scope of the study shall include internal circulation but not be limited to parking capacity and an analysis of traffic movements to the nearest arterial street. The Bureau shall be provided with sufficient evidence regarding the marketing and leasing arrangements to make a reasonable study of the proposal;

3) ACCESS, LOT LINES - The shopping center development shall be within the lot lines of the development. Access to parking, loading and service areas shall be controlled by means of access roads.

4) SCREENING - Screening shall be accomplished between the shopping center and adjoining residential districts in accordance with Article 1305 Buffering and Screening.

5) SIGNS - Signs shall be allowed in accordance with Article 1308 Signs.

d) Parking: One (1) off-street parking space per 200 sq.ft. gross floor area.

4.08.001 Hair Care

a) Definition: An establishment whose primary function is the care of hair. Included in this definition are barber shops and hair salons which must be licensed by the Commonwealth of Pennsylvania. Nail care and painting may be performed incidental to this use.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One and one-half (1.5) spaces per employee.

4.08.002 Laundromat, Dry Cleaning Drop-Off/Pickup

a) Definition: Establishments with self-service laundry washers and dryers. The drop off and pickup of dry cleaning is also included in this definition, although the processing of dry cleaning may not be performed on-site.

b) General Provisions: N/A

c) Special Exception Provisions:

1) In addition to all other provisions, when established within UN1 or MUI1 zoning districts, all provisions of section 1304.1-4.09 shall also apply.

2) All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One space per 200 sq.ft. of gross floor area. When established within UN1 or MUI1 zoning districts, no off-street parking shall be required or permitted, unless specifically required as a condition of a special exception.

4.08.003 Tattoo / Body Art

a) Definition: Establishment whose principal use involves art related to the human body. Uses within this definition include tattoos, body piercings, and other forms of body art, including nail care and painting when operated separately from a hair care establishment.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One space per 200 sq. ft. of gross floor area.

4.08.004 Day Spa

a) Definition: A day spa is an establishment whose primary purpose is for customers to visit for professionally administered personal care treatments such as massages and facials. Customers remain at the establishment only for the duration of the treatment. Massage of a sexual nature is not included in this definition and would be defined as Adult Entertainment.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One space per 200 sq. ft. of gross floor area.

4.08.005 Health / Fitness Facility

a) Definition: An establishment that provides facilities including, but not limited to aerobic exercise, weight training, running, jogging, swimming, saunas, Yoga, and hot tubs. Activities of a sexual nature are not included in this definition and would be defined as Adult Entertainment.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One space per 200 sq.ft. of gross floor area.

4.08.006 Tailoring / Dressmaking

a) Definition: Establishment where clothing is made, altered, or repaired one piece at a time. Mass production of clothing would be an industrial use.

b) General Provisions: N/A

c) Special Exception Provisions: N/A

d) Parking: One space per 200 sq.ft. of gross floor area.

4.09 Neighborhood Commercial

The following list of general provision requirements is to be applied to all neighborhood commercial uses:

1) Neighborhood commercial use must locate at a property located at the intersection of at least two public streets. Alleys at the rear or side of properties do not apply under this provision. In UN-2 districts, public streets eligible for nonresidential use are limited to Major Arterial and Collector streets, as classified in the York City Street Classification Map, appended hereto. In MUI-1, MUI-2, and UN-1 districts, public streets eligible for nonresidential use include Major Arterial, Collector, and Local Collector streets.

2) An existing non-residential use, in a district where neighborhood commercial uses are permitted, may be changed to residential or any other permitted use. Changes to commercial use may only be to a neighborhood commercial use, and within the UN-2 districts, only by special exception. In such cases, in order to approve the special exception, the Zoning Hearing Board must determine that the proposed use has an equal or reduced impact on the neighboring properties and neighborhood from its most recent use.

3) Where an existing building is being replaced, the square footage of the replacement structure's footprint shall not exceed that of the original building footprint.

4) Except in cases where an existing nonresidential use occupies all floors of a multistory building, nonresidential uses may only be placed on the first floor of the building. Upper stories must be used for residences and/or offices for the first floor business.

5) Retail area or area designated for public use shall be limited to 1,000 square feet.

6) Basements and cellars are to be used only for storage of business-related materials or product for the first floor use.

7) Vending devices must be placed within the interior confines of the building.

8) Public hours of operation shall be from 6:00 a.m. to 10:00 p.m. For any use whose activities and services are likely to cause noise disturbances, such as delivery, pick-up, and outdoor dining, these activities shall be carried out in accordance with the hours and stipulations governing them in the City of York Noise Control Ordinance (Codified Ordinances, Article 714).

9) Outside Trash and storage must be completely enclosed and screened from view of the public right-of-way and/or adjacent properties, in a sanitary fashion and a size appropriate for the use proposed and neighborhood character. Neighborhood grocery stores, eateries, retail boutiques, and other neighborhood commercial uses whose goods or services may generate disposal of wrappers or other litter must provide and maintain a trash and recycling receptacle or receptacles outside the primary entrance or exit used by the public. The receptacles shall be maintained by the property owner and/or operator of the commercial use at the property.

10) No significant structural alterations, including changes to accommodate such things as commercial kitchen exhaust, exterior mechanical equipment, or electrical equipment, shall be made on the primary, character defining façade(s) of the structure.

11) In assessing applications for neighborhood commercial uses, the Zoning Officer and/or Zoning Hearing Board may consider City Planning Commission recommendations regarding design factors that affect compatibility of the use with the character of the subject building and the neighborhood. Within HARB districts, HARB recommendations may also be considered. Compatibility factors include, but are not limited to, materials, color, form, and placement of such alterations or improvements as ADA accessibility ramps and other accommodations; outdoor display of goods, outdoor trash and recycling receptacles, benches or other street furniture; and other visibility from the right-of-way of the defining public streets.

4.09.001 Neighborhood Eatery

a) Definition: A small-scale eating establishment designed to primarily serve the neighborhood in which it is located, and suited for eating on- or off-premises. Products may include such items as coffee and other beverages, baked goods, desserts, delicatessen items, and light meals.

b) General Provisions: All General Provision requirements listed above, in section 4.09, for Neighborhood Commercial shall apply, as well as the following:

1. Sidewalk eating shall conform to appropriate city ordinances.

2. These shops shall have a maximum indoor seating capacity of 15.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: Beyond off-street parking spaces that already exist on-site, no off-street parking shall be required or permitted to be added, unless specifically required or permitted as a condition of a special exception.

4.09.002 Neighborhood Grocery Store

a) Definition: A small-scale grocery store designed to primarily serve the neighborhood in which it is located.

b) General Provisions: All General Provision requirements listed above, in section 4.09, for Neighborhood Commercial shall apply.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: No off-street parking shall be required or permitted, unless specifically required as a condition of a special exception.

4.09.003 Neighborhood Retail Boutique

a) Definition: A small-scale retail store designed to primarily serve the neighborhood in which it is located.

b) General Provisions: All General Provision requirements listed above, in section 4.09, for Neighborhood Commercial shall apply.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: No off-street parking shall be required or permitted, unless specifically required as a condition of a special exception.

4.09.004 Neighborhood Office

a) Definition: A small-scale business, professional, or financial office designed to primarily serve the neighborhood in which it is located.

b) General Provisions: All General Provision requirements listed above, in section 4.09, for Neighborhood Commercial shall apply, as well as the following:

1. A maximum of five employees shall be permitted at the property.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: No off-street parking shall be required or permitted, unless specifically required as a condition of a special exception.

4.09.005 Neighborhood Public Service

a) Definition: A small-scale office of a social service organization, district magistrate, or notary public designed to primarily serve the neighborhood in which it is located.

b) General Provisions: All General Provision requirements listed above, in section 4.09, for Neighborhood Commercial shall apply.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: No off-street parking shall be required or permitted, unless specifically required as a condition of a special exception.

4.09.006 Neighborhood Hair Care

a) Definition: A small-scale hair care facility which offers haircuts, hair styling, perms, hair coloring, and other similar hair related services from a Beautician or Barber licensed by the Commonwealth of Pennsylvania. This facility may include manicure and pedicure services as an accessory use.

b) General Provisions: All General Provision requirements listed above, in section 4.09, for Neighborhood Commercial shall apply.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: No off-street parking shall be required or permitted, unless specifically required as a condition of a special exception.

4.09.007 Neighborhood Tailor/Dressmaker

a) Definition: A small-scale facility which offers tailoring and dressmaking services and may include drop off and pickup of laundry and dry cleaning, which are not to be processed on the property.

b) General Provisions: All General Provision requirements listed above, in section 4.09, for Neighborhood Commercial shall apply.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: No off-street parking shall be required or permitted, unless specifically required as a condition of a special exception.

4.09.008 Neighborhood Art Studio

a) Definition: A small-scale facility which provides artistic services, including a photography studio, painting, pottery, and other similar artistic and crafts related services. Facilities which include retail shall be classified as "retail".

b) General Provisions: All General Provision requirements listed above, in section 4.09, for Neighborhood Commercial shall apply.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: No off-street parking shall be required or permitted, unless specifically required as a condition of a special exception.

4.09.009 Neighborhood Medical Office

a) Definition: A small-scale office where patients are seen by doctors, dentists, orthodontists, and other similar licensed medical professionals. No more than two professionals may occupy each establishment at any one time.

b) General Provisions:

All General Provision requirements listed above, in section 4.09, for Neighborhood Commercial shall apply.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: No off-street parking shall be required or permitted, unless specifically required as a condition of a special exception.

5.01.001 Police & Fire Station

a) Definition: Facility used for the administrative and operational functions of a federal, state, count, regional, or municipal police and fire departments.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One and one -half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

5.01.002 Public Service Office

a) Definition: An office of a social service organization, district magistrate, notary public, private utility, or political organization.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 250 sq.ft. of ground floor gross floor area, plus one (1) off-street parking space per 400 sq.ft. of gross floor area on other occupied floors.

5.01.003 Government Offices

a) Definition: An office of a federal, state, county, regional, or municipal governmental agency.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space per 250 sq.ft. of ground floor gross floor area, plus one (1) off-street parking space per 400 sq.ft. of gross floor area on other occupied floors.

5.02.001 Parking, Garage

a) Definition: A building or structure consisting of more than one level whose principal use is for the short term, daily, or overnight off-street parking of motor vehicles.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: N/A

5.02.002 Parking, Surface Lot

a) Definition: An uncovered one (1) story lot whose principal use is for the short-term, daily, or overnight off-street parking of motor vehicles.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: N/A

5.03.001 Principal Supply Utility

a) Definition: Facilities designed to provide electric, natural gas, water, telephone, or other similar public utilities. This definition shall include electrical substations, natural gas substations, sewer pump stations, telephone transfer stations, and other similar facilities.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One and one -half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space. If the facility is "unmanned" then at least one parking space shall be provided for maintenance.

5.03.002 Sewage Facility

a) Definition: Facility designed for the collection, treatment, and disposal of liquid waste, including industrial waste.

b) General Provisions: N/A

1) All solid waste processing and storage shall be kept a minimum of 150 feet from any of the following features: public street right-of-way, exterior lot line, or perennial river or creek.

2) All solid waste processing and storage shall be kept a minimum of 300 feet from any existing dwelling that the operator of the solid waste facility does not own.

3) The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use: a) will have adequate access for firefighting purposes, and b) will not create noxious odors that will be detectable off of the site.

4) No open outdoor burning shall be permitted.

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

6) The use shall be surrounded by secure fencing and gates.

7) A minimum lot area of three acres shall be required.

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

9) An attendant shall be on duty during all hours of loading and unloading.

10) No radioactive, chemotherapeutic, toxic or infectious materials shall be permitted on site.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One and one -half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

5.03.003 Water Facility

a) Definition: Facility designed for the collection, retention, treatment, and/or distribution of water to the public or its customers. Lakes, ponds, and other open spaced elements with no processing or treatment shall be classified as open space and not fall under this definition.

b) General Provisions:

1) The use shall be surrounded by secure fencing and gates.

2) A minimum lot area of three acres shall be required.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One and one half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

5.04.001 Stadium

a) Definition: A structure designed primarily for the purpose of viewing sports or other entertainment events played or performed in an outdoor environment. Stadiums may include enclosed or covered areas for office, food service, utility, recreation or event-viewing activities in conjunction with the outdoor seating area.

b) General Provisions: N/A

c) Conditional Use Provisions:

1) DIMENSIONAL REQUIREMENTS - Except as modified in this section, dimensional requirements found in the underlying Zoning District may be waived by City Council if the stormwater management provisions of the Land Development/Subdivision ordinance are met or such provisions are waived by York City Council through the Land Development approval process.

2) LOT COVERAGE - The combined coverage of building and impervious surfaces shall not exceed fifty percent (50%) of lot area.

3) BUILDING SETBACK - The minimum building setback shall not be less than the required setback of the adjacent Zoning District of the property directly abutting at that line.

4) HEIGHT - The maximum building height at the setback line shall be limited to the maximum building height of the adjacent Zoning District of the property directly abutting at that line. The maximum building height shall increase one (1) foot for each additional one (1) foot of setback of any structure from the building setback line.

5) TRAFFIC - The applicant shall provide an analysis of the physical conditions of the primary road system servicing the proposed use, including the adequacy of site access for automobiles, buses, trucks, and pedestrians. The analysis shall include information on the current traffic flows on this road system and projections of traffic generated by the proposed use, and shall address the need, if any, for special event traffic management planning. The analysis shall stipulate the number and location areas and demonstrate their adequacy.

6) SIGNS - A proposed exterior signage plan shall be provided by the applicant, which shall include a proposal for off-premises signs and a plan for internal site wayfinding signage. Signs within the interior of the stadium, such as advertising signs along the outfield wall, shall not be considered signs for purposes of this Ordinance as long as the signs are intended to be seen by visitors to the stadium and not the general public.

A. The number, size, and placement of signs shall be in accordance with Article 1308 Signs.

B. The number and size of signs shall not exceed the minimum needed to direct patrons to the facility, to identify the facility, and to announce event information to the public.

C. Signs shall not be sized, located, or designed so as to present a safety hazard when viewed from adjacent properties or public roadways.

7) LIGHTING - The applicant shall provide a lighting plan and impact study. The plan shall make all reasonable efforts to direct glare away from adjacent residential uses.

A. Any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of five-tenths (5/10)-foot candles when measured by a hand held NIST certified light meter in a Residential or Special District.

8) NOISE - A plan and impact study regarding sound amplification, public address systems, and other noise-generating activities in the stadium shall be provided, and shall make reasonable efforts to address the impact of such noise on adjacent property.

A. Noise generated by activities in the stadium or on the stadium site may not exceed the levels stipulated in Section 1307.02(c) Maximum Permissible Sound Levels for Commercial Districts, or the noise level generated by the current use of the property, whichever is greater.

B. Stadiums must comply with Section 1307.02(d) Deviations from Maximum Permissible Sound Levels, except that restricted hours shall be 11:00 P.M. to 7:00 A.M.

9) REFUSE AND LITTER - The applicant shall present a plan describing the manner in which refuse and litter will be controlled to prevent the unreasonable accumulation of refuse in the stadium, the stadium site, and its parking areas.

A. All refuse and litter shall be removed from the stadium, the stadium site, and its parking areas within twenty-four (24) hours of the completion of each event held in the stadium or on the stadium site. During multi-day events, all refuse and litter shall be removed at the completion of each day's activities.

10) ACCESSORY USES - The applicant shall describe the degree to which, and manner in which, accessory uses are incorporated in the stadium.

A. Accessory uses shall be limited to the following: banquet halls, food and beverage service, retail operations, administrative offices directly associated with the principal uses or permitted accessory uses, training and education facilities directly associated with the principal use, and other uses as City Council determines fit.

B. Accessory uses shall be limited to thirty percent (30%) of the area of the principal building unless the developer can demonstrate that a higher percentage is necessary for financial viability of the stadium.

11) LANDSCAPING AND BUFFERING - The applicant shall present a general site landscaping and buffering plan designed to show proposed areas of landscaping and buffering, with particular regard to buffering areas where the stadium or parking lot areas adjoin adjacent residential property.

A. The ten percent (10%) of the total area of parking lot normally required as landscaped area within the parking area by Section XX Landscaping, shall instead be located and arranged at the perimeter of the stadium and its on-site parking to provide enhanced buffering where the stadium site abuts Residential Zoning Districts.

d) Parking: Stadium parking requirements shall be determined by the traffic and parking study using industry standards and count data from comparable stadiums. In no case shall the provided parking be less than one (1) parking space per five (5) seats. The applicant must prepare a traffic and parking study demonstrating that ample on and off-site parking exists or will be provided to meet the demand of uses served. At a minimum, such a study must examine trip-generation, hours of operation, quantity of required on-site and proposed off site spaces that will be filled during stadium events and any unusual circumstances that may occur that will exceed the average parking requirement. A maximum of fifty percent (50%) of the demonstrated parking need, as determined by the parking study, shall be provided on-site. The balance of parking must be provided off-site, in public or private parking lots, structures or on-street parking. In residential zoning districts, on-street parking may not be allocated towards the demonstrated parking need.

5.04.002 Open Space and Parks

a) Definition: Unimproved land, or water areas, which are conserved for public or private use or enjoyment in its natural state without profit, and exterior recreation and public grounds, such as baseball, soccer, and horseshoes.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: N/A

5.04.003 Public Recreation Facilities

a) Definition: An activity operated and open to the public for the purpose of public entertainment or recreation including, but not limited to: bowling alleys, theaters, miniature golf courses, video arcades, arenas, skating rinks and public grounds.

b) General Provisions: N/A

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space for each employee of the largest shift, plus one (1) space for each ten (10) persons of design capacity of the facility.

5.04.004 Community Swimming Pool

a) Definition: Any pool used or intended to be used as a principal use for swimming or bathing by the public, or by members, that is in or above the ground, over twenty-four (24) inches in depth.

b) General Provisions: Must comply with the Pennsylvania Uniform Construction Code, as adopted by the City of York.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One (1) off-street parking space for each employee of the largest shift, plus one (1) space for each ten (10) persons of design capacity of the facility.

6.01.001 Light Industrial

a) Definition: Manufacturing, and industrial activities whose operations would be classified by the Pennsylvania Uniform Construction Code as Use Groups F-2 and/or S-2.

b) General Provisions: Must comply with the Pennsylvania Uniform Construction Code, as adopted by the City of York.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One and one -half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

6.01.002 Warehouse, Distribution, Wholesale Business

a) Definition: A building or part of a building used or intended to be used primarily for the storage of goods or materials that are to be sold retail or wholesale from other premises, or sold wholesale from the same premises. The term warehouse does not include a retail establishment whose primary purpose is for the sale of goods or materials on the premises; however, nothing in this definition is meant to exclude purely incidental retail sales in warehouses. The standard warehouse deals with retailers, wholesalers, and various types of industries. Warehouses operate either as an accessory or a principal use. Warehouses serving an accessory function usually store the goods or equipment of a retail or industrial use. Warehouses operating as a principal use serve a wide range of industrial and commercial clients who do not have sufficient outside on-lot storage......

b) General Provisions: All materials must be enclosed within a building or within a fenced and screened area with no visibility from any point outside the property line.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One and one -half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

6.01.003 Communication Transmitting and Receiving Facility

a) Definition: Facility which includes utility stations, radio towers and transmitting stations, automatic telephone exchanges, cellular telephone towers, micro-relay stations, satellite discs and the like. Excluded from this definition are antennas, radio receivers, etc. for personal use.

b) General Provisions:

1) ALTERNATIVE TOWER STRUCTURES - Manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

2) ANTENNA - Any exterior transmitting and/or receiving device, including wire rods, discs, or similar devices, that transmits or receives electromagnetic waves, digital and/or analog signals, radio frequencies (excluding radar signals), wireless communications, signals or other communications signals, mounted on a tower, building or structure.

3) ANTENNA STRUCTURE - Includes, but not limited to: towers, poles, brackets and similar devices used to hold and support antenna(s) and/or dish(es).

4) COMMERCIAL COMMUNICATION TRANSMITTING AND RECEIVING FACILITY- Includes utility stations, radio towers and transmitting stations, electric substations, pumping stations, automatic telephone exchanges, cellular telephone towers, micro-relay stations, satellite discs and the like. Excluded from this definition are antennas, radio receivers, etc. for personal use.

5) PERSONAL COMMUNICATION TRANSMITTING AND RECEIVING FACILITY - Antennas, radio receiving structures, microwave antennas for satellite communication (commonly referred to as a satellite dish), or other similar facilities used to transmit and receive electromagnetic waves for personal use, such as a television or ham radio.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One and one half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

6.01.004 Industrial Park

a) Definition: Land that is planned, developed, and operated as a coordinated and integrated facility for a number of industrial uses. Circulation, parking, signs, and utilities are planned in an integrated and compatible manner.

b) General Provisions:

This use shall only be permitted by Conditional Use.

c) Conditional Use Provisions: All General Provision requirements, in addition to the Conditional Use provisions of section 1311.13, and the following requirements shall apply:

1) Individual parcels of not less than three acres shall be provided.

2) The industrial park shall have a minimum of 200 feet of public street frontage. There shall be no minimum public street frontage for individual parcels within the park, although an adequate right-of-way of access shall be provided for each parcel.

3) The principal and accessory buildings, storage yards, off-street parking lots, loading and unloading docks shall not project into the required yard spaces as set forth below. All open space other than parking and loading spaces and access drives shall be covered with a vegetative material.

4) Yards of the following minimum setbacks shall be provided; however, in no case shall the front, side or rear yard depths be less than 60% of the legal right-of-way of the street or streets on which the lot abuts:

• Front yard setback: 50 feet.

• Side yard setback: 15 feet.

• Rear yard setback: 30 feet.

5) Landscaping and buffer yards shall be provided in accordance with the Subdivision and Land Development Ordinance. Such buffer yards may be coterminous with any required yard in the district, and in case of conflict the larger yard requirements shall apply.

6) No building shall be erected to a height in excess of 50 feet; provided, however, that this height may be increased one foot for each additional foot that the width of each yard exceeds the minimum required.

7) All internal streets providing access to parcels within the park shall be a minimum of 20 feet in width, constructed to City specifications. These streets shall remain private. Each parcel shall have a minimum of fifty-foot frontage upon such a street. There shall be no limit upon the length of a private cul-de-sac street.

8) The industrial park shall have a minimum of one street access to a minor arterial or collector street. Additional access may be required by the City. The determination for additional access shall depend upon the number of parcels within an industrial park, potential traffic volume, proposed internal street system and existing traffic volume and condition of the public street used for access.

9) All parcels shall be served by public water and sanitary sewer. All utilities shall be installed underground.

d) Parking: One and one half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

6.01.005 Contractor's Office with Storage

a) Definition: A contractor is one who contracts to perform any work or service on a building, equipment, vehicle or facility, at a certain price or rate. The contractor completes the contracted work off-site but maintains an office primarily for administrative, bookkeeping or clerical operations. Inventory and storage of materials and/or vehicles and storage of tools is provided on-site. If no on-site storage is used, the use is a business and professional office.

b) General Provisions: All supplies and equipment must be secured within an enclosed building, or within a fenced in area. The fence shall be opaque and shall be at least eight (8') feet in height.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One and one half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

6.01.006 Mini-Warehousing / Self-Storage

a) Definition: A building or group of buildings divided into separate units or areas used to meet the temporary storage needs of businesses, residents and other individuals. Units may be available to the general public on a self-service basis and/or on a controlled access basis. The term mini-warehouse or self-storage facility does not include community garage, and private garage.

b) General Provisions:

1) Lot size shall not exceed 2 1/2 acres.

2) Landscaping and buffer yards shall be provided per the Subdivision and Land Development Ordinance.

3) An outside storage area shall be provided on the interior of the parcel, arranged so that the storage units back onto this area effectively screening it from view. This is the only outside area where storage of any equipment, including but not limited to automobiles, vans, recreational vehicles, boats and trucks or any other materials can be stored. Access to this storage area shall be designed to avoid direct sight into the area from abutting properties and from adjacent streets.

4) All machinery, tanks or other apparatus relying upon combustible fuels shall be stored only in the external storage area. This area shall be the only outside area where vehicles, trailers and boats can be stored.

5) Fencing provided shall be in accordance with this Ordinance.

6) No advertising signs will be permitted on the property other than identifying signs for the mini storage facility itself in accordance with this Ordinance.

7) One small office for the exclusive use of the mini-storage facility operations and management shall be permitted.

8) All lighting shall be shielded to direct light onto the storage units and away from adjacent property and streets.

9) Parking shall be provided by parking/driving lanes adjacent to the buildings of sufficient width to provide adequate room for simultaneous loading and passage. As stated above, required parking spaces may not be rented as, or used for, vehicle storage. Any vehicles parked in the parking/driving lanes in excess of 24 hours will be in violation of this article.

10) The following uses are strictly prohibited:

• Office activities, except as allowed above.

• Establishment of a business, other than the mini-storage business itself.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One and one half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space, plus one (1) off-street parking space for each ten (10) storage units.

6.02.001 Bulk Plant

a) Definition: That portion of a property where flammable or combustible liquids are received by pipe line, tank car or tank vehicle, and are stored or blended in bulk for the purpose of distributing such liquids by pipe line, tank car, tank vehicle or container.

b) General Provisions:

1) Use must meet all requirements of the Pennsylvania Uniform Construction Code, as adopted by the City of York.

2) Use must meet all state and federal permitting, reporting, and operational requirements, as may be applicable for the specific use.

3) Use must be buffered from neighboring properties by an open space area a minimum of 100 feet. This buffer area shall consist of landscaping, as well as a secure fence a minimum of 10 feet in height.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One and one half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

6.02.002 Heavy Industrial

a) Definition: Manufacturing, and industrial activities whose operations would be classified by the Pennsylvania Uniform Construction Code as Use Groups F-1 and/or S-1.

b) General Provisions:

1) Use must meet all requirements of the Pennsylvania Uniform Construction Code, as adopted by the City of York.

2) Use must meet all state and federal permitting, reporting, and operational requirements, as may be applicable for the specific use.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One and one half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

6.02.003 Hazardous Industrial

a) Definition: Manufacturing, and industrial activities whose operations would be classified by the Pennsylvania Uniform Construction Code as a High Hazard Use Group H.

b) General Provisions:

1) Use must meet all requirements of the Pennsylvania Uniform Construction Code, as adopted by the City of York.

2) Use must meet all state and federal permitting, reporting, and operational requirements.

3) Use must be buffered from neighboring properties by an open space area a minimum of 500 feet. This buffer area shall consist of landscaping, as well as a secure fence a minimum of 10 feet in height.

c) Conditional Use Provisions: All General Provision requirements, in addition to the Conditional Use provisions of section 1311.13.

d) Parking: One and one -half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

6.02.004 Junkyard

a) Definition: The use of more than four hundred (400) square feet of any lot, or the use of any portion of the front yard, for the storage, keeping or abandonment of junk. Stockpiles of material associated with a recycling facility are excluded.

b) General Provisions:

1) See buffer requirements in Article 1323. Any new or expanded junkyard shall be surrounded by primarily evergreen plantings with an initial height of 5 feet. Such plantings shall involve species and numbers so as to result in a complete year-round visual screen at least 8 feet in height within 4 years after planting. The use shall be surrounded by an opaque and secure security fence with a minimum height of 10 feet. Any fencing or perimeter walls shall be placed on the inside of required buffer landscaping.

2) Outdoor storage and processing of junk or scrap shall be setback a minimum of: a) 100 feet from the lot line of a dwelling or a residential district, and b) 50 feet from the right-of-way of a public street or any other lot line. Any bulk mechanical crushing of metals shall be setback a minimum of 250 feet from any residential district.

3) Cleared driveways shall be provided around and throughout the junkyard to allow access by emergency vehicles. Parking spacesthat do not obstruct such emergency access shall be provided for customers.

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

5) No junk shall be stored at a total height higher than 20 feet above the ground, except where stricter requirements exist in other applicable codes. Where a junkyard directly abuts a residential or mixed use zoning district, the height may not exceed 10 feet above the ground.

6) Noise levels may not exceed 75 decibels at the property line, except when neighboring properties are residential uses, in which case noise levels may not exceed 65 decibels at the property line.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One and one -half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

6.02.005 Recycling Facility

a) Definition: A facility that is not a junkyard and in which recoverable resources, such as newspapers, magazines, books, other paper products, glass, metal cans and other products, are either recycled, reprocessed and/or treated to return such products to a condition in which they may again be used for production.

b) General Provisions:

1) The facility must be approved, permitted, and operated in accordance with all applicable state and federal requirements.

2) All material must be maintained within an enclosed structure or must be completely fenced and screened from view from all neighboring properties, public-rights of way, or any other point outside of the property on which the activity is conducted.

3) Noise levels may not exceed 75 decibels at the property line, except when neighboring properties are residential uses, in which case noise levels may not exceed 65 decibels at the property line.

4) Hours of operation are limited to 7:00 a.m. to 7:00 p.m. Monday to Friday.

c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).

d) Parking: One and one half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

6.02.006 Sanitary Landfill

a) Definition: A site for the disposal of unwanted or discarded material, including garbage.

b) General Provisions: This use shall only be permitted by Conditional Use.

c) Conditional Use Provisions: All General Provision requirements, in addition to the Conditional Use provisions of section 1311.13, and the following requirements shall apply:

1) Such municipal or residual solid waste disposal facility, whether a landfill, incinerator, resource recovery or any other system, shall be owned and operated only by a political subdivision of the Commonwealth of Pennsylvania.

2) Such facility shall provide for the disposal only of municipal or residual solid waste as defined in the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988, and 25 Pa. Code, Chapters 271, 273, 275, 277, 279, 281, 283 and 285, as amended, supplemented or revised.

3) If a landfill, no solid waste shall be deposited, either temporarily or permanently, within 300 feet of the property line of any adjoining property or within 300 feet of the street right-of-way line of any public highway. If an incinerator, resource recovery or other such facility, no such storage or disposal structure shall be located within 300 feet of such property line or any public highway.

4) If a landfill, no solid waste shall be deposited, either temporarily or permanently, within 1,000 feet of any dwelling, church, school or any other building used for human occupancy at any time or from time to time, or within 1,000 feet of any residentially zoned property. If an incinerator, resource recovery or other such facility, no storage or disposal structure shall be located within 1,000 feet of such structures or within 1,000 feet of any residentially zoned property.

5) If a landfill, no solid waste shall be deposited, either temporarily or permanently, within 1,000 feet of any river, stream, creek or tributary thereof or within 1,000 feet of any wetland meeting the definitions of Pennsylvania DEP, the U.S. Army Corps of Engineers, the U.S. Soil Conservation Service or the U.S. Fish and Wildlife Service.

6) Direct access to the sites shall be available from a highway having a functional classification of major arterial or greater capacity as designated by the City of York Department of Public Works.

7) If a landfill, during such time as any excavation shall be open and used for the disposal of solid waste, the site of the excavation shall be enclosed with a chain link fence or other structure adequate to contain windblown litter and to secure the site against intrusion by unauthorized personnel. If an incinerator, resource recovery or other such facility, all storage of solid waste awaiting disposal shall be within a fully enclosed building and no outside storage shall be permitted at any time.

8) The development plan for the site shall address and comply with all requirements of the Subdivision and Land Development Ordinance to the extent that the same shall not conflict or be inconsistent with or have been preempted by the Solid Waste Management Act and the regulations of the Department of Environmental Protection adopted pursuant thereto.

9) No use and occupancy permit shall be issued for a solid waste disposal facility until the operator shall have submitted to the Zoning Officer proof that the facility complies with the regulations of the Department of Environmental Protection and has been permitted, in writing, by said agency

10) Landscaping and buffer yards meeting the requirements of the Subdivision and Land Development Ordinance as a minimum shall be provided around the property.

d) Parking: One and one half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

6.03.001 Quarrying, Processing, Storage, and Sale of Stone and Related Products

a) Definition: Extracting and removing rock, stone, soil, gravel, sand, and other similar materials from the surface or subsurface and the storage and sale of these materials.

b) General Provisions:

c) Conditional Use Provisions: All General Provision requirements, in addition to the Conditional Use provisions of section 1311.13.

d) Parking: One and onehalf (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

6.03.002 Mining

a) Definition: The extraction of minerals, including solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gas.

b) General Provisions:

1. No new excavation for mineral extraction or mechanical loading or processing of such materials shall be located within the following minimum setbacks:

a. 75 feet from the right-of-way of a public street,

b. 200 feet from the boundary of a residential district,

c. 50 feet from any other lot line.

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

3. The Zoning Hearing Board may require berming, 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 shall also be provided to the Zoning Officer.

c) Conditional Use Provisions: All General Provision requirements, in addition to the Conditional Use provisions of section 1311.13.

d) Parking: One and one half (1.5) off-street parking spaces per employee of the largest shift, rounded up to the next full parking space.

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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