Aldan City Zoning Code
ARTICLE III
Zoning Districts and Use Regulations
§ 256-7 Establishment of zoning districts.
A.
For the purpose of this chapter, zoning districts and overlay areas are hereby established as follows:
R-1 | Residence District | |
R-2 | Residence District | |
R-3 | Residence District | |
R-4 | Residence District | |
B | Business District | |
I | Industrial District | |
FP | Floodplain Overlay Area | |
SS | Steep Slope Overlay Area |
B.
For the purposes of this chapter, the zoning districts and overlay areas named in § 256-7A shall be of the number, size, shape and location shown on the Official Zoning Map, adopted and included in its entirety as a part of this chapter.[1]
[1]
Editor's Note: Said map is on file in the Borough offices.
§ 256-8 Application of district regulations.
A.
Unless otherwise provided by law or specifically in this chapter, no land or building or structure shall be used or occupied except for a use permitted in the zoning district within which the land or building or structure is located.
B.
The regulations set by this chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this chapter.
C.
No building, structure or land shall hereafter be erected, constructed, reconstructed, moved or structurally altered and no building or structure or part thereof shall hereafter be used or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.
D.
No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
E.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
F.
Any territory which may hereafter be annexed to the Borough shall be classified as the zoning district of the Borough most similar to the zoning of such territory before annexation (as determined by the Zoning Hearing Board) until otherwise classified.
§ 256-9 Zoning Map.
B.
The Official Zoning Map shall be identified by the signature of the President of Borough Council attested by the Borough Secretary and shall bear the adoption date of this chapter and the seal of the Borough under the following words: "This is to certify that this is the Official Zoning Map adopted October 10, 1990, as part of the Aldan Borough Zoning Ordinance."
D.
Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map shall be located in the Borough offices and shall be the final authority on boundaries and districts. The Zoning Officer shall have a certified copy of the Official Zoning Map for official use.
E.
If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, the Borough Council may, by resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map.
F.
The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall include an amendment thereof.
G.
The new Official Zoning Map shall be identified by the signatures of the Borough Council, attested to by the Borough Secretary, and bearing the following words: "This is to certify that this Official Zoning Map supersedes and replaces the official Zoning Map adopted June 9, 1965, as part of the Aldan Borough Zoning Ordinance."
H.
Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any part or parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment.
§ 256-10 Interpretation of district boundaries.
A.
Zoning boundaries drawn approximately following the center lines of streams, drainageways, streets, alleys, railroads or other rights-of-way shall be construed to follow such center lines. In the event of any change in the center line, the zoning boundary shall be construed as moving with the actual center line.
B.
Boundaries approximately following property lot lines shall be construed as following such property lot lines.
C.
Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of such map.
§ 256-11 R-1 Residence District.
A.
Purpose. The purpose of the R-1 Residence District is to allow single-family homes with lower densities. Residential uses will be protected from incompatible adjacent uses.
B.
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the R-1 Residence District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this chapter are satisfied:
C.
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the R-1 Residence District by the Zoning Hearing Board in accordance with the standards contained in § 256-17 of this chapter:
D.
Accessory uses.
(1)
Each accessory use in the R-1 Residence District shall comply with the minimum yard requirements contained in Subsection F, except as specifically provided for in this chapter.
(2)
Each of the following accessory uses shall be permitted in the R-1 Residence District only if such use complies with the relevant standards contained in § 256-18 of this chapter:
(a)
Accessory structure or use.
(b)
Bus shelter.
(c)
Fence and wall.
(d)
Home gardening, nursery or greenhouse.
(e)
Keeping animals and pets.
(f)
Noncommercial swimming pool.
(h)
Radio/television receiver.
(i)
Recreational vehicle.
(k)
Temporary structure or use.
(l)
Tennis court.
(m)
Satellite earth stations.
(n)
Other accessory uses and structures which are clearly customary and incidental to the principal use.
E.
Lot area, width, building coverage, impervious surface coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the R-1 Residence District, except as specifically provided for in this chapter:
[Amended 11-10-2004 by Ord. No. 488]
Principal Use | Minimum Lot Area1 (sq. ft.) | Minimum Lot Width2 (feet) | Maximum Building Coverage | Maximum Building Height (feet) | Impervious Surface Coverage |
|---|---|---|---|---|---|
Single-family detached dwelling | 10,000 | 75 | 30% | 32 | 40% |
Any other use | 10,000 | 75 | 30% | 32 | 30% |
NOTES: |
|---|
1 Per dwelling unit for residential uses. |
2 Measured at the minimum front yard listed in § 256-11F for the particular use. |
F.
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the R-1 Residence District, except as specifically provided for in this chapter:
Principal Use | Front Yard1 (feet) | Each Side Yard (feet) | Rear Yard (feet) | |
|---|---|---|---|---|
Single-family detached dwelling | 30 | 15 | 30 | |
Any other use | 30 | 15 | 30 |
NOTES: | |
|---|---|
1 The depth at which the minimum lot width shall be measured. |
§ 256-12 R-2 Residence District (R-2).
A.
Purpose. The purpose of the R-2 Residence District is to allow single-family homes with lower densities. Residential uses will be protected from incompatible adjacent uses.
B.
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the R-2 Residence District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this chapter are satisfied:
C.
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the R-2 Residence District by the Zoning Hearing Board in accordance with the standards contained in § 256-17 of this chapter:
D.
Accessory uses.
(1)
Each accessory use in the R-2 Residence District shall comply with the minimum yard requirements contained in Subsection F below, except as specifically provided for in this chapter.
(2)
Each of the following accessory uses shall be permitted in the R-2 Residence District only if such use complies with the relevant standards contained in § 256-18 of this chapter:
(a)
Accessory structure or use.
(b)
Bus shelter.
(c)
Fence and wall.
(d)
Home gardening, nursery or greenhouse.
(e)
Keeping animals and pets.
(f)
Noncommercial swimming pool.
(h)
Radio/television receiver.
(i)
Recreational vehicle.
(k)
Temporary structure or use.
(l)
Tennis court.
(m)
Satellite earth stations.
(n)
Other accessory uses and structures which are clearly customary and incidental to the principal use.
E.
Lot area, width, building coverage, impervious surface coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the R-2 Residence District, except as specifically provided for in this chapter:
[Amended 11-10-2004 by Ord. No. 488]
Principal Use | Minimum Lot Area1 (sq. ft.) | Minimum Lot Width2 (feet) | Maximum Building Coverage | Maximum Building Height (feet) | Impervious Surface Coverage |
|---|---|---|---|---|---|
Single-family detached dwelling | 6,000 | 60 | 30% | 32 | 40% |
Any other use | 8,000 | 60 | 40% | 32 | 50% |
NOTES: |
|---|
1 Per dwelling unit for residential uses. |
2 Measured at the minimum front yard listed in § 256-12F for the particular use. |
F.
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the R-2 Residence District, except as specifically provided for in this chapter:
Principal Use | Front Yard1 (feet) | Each Side Yard (feet) | Rear Yard (feet) | |
|---|---|---|---|---|
Single-family detached dwelling | 30 | 10 | 30 | |
Any other use | 30 | 15 | 30 |
NOTES: | |
|---|---|
1 The depth at which the minimum lot width shall be measured. |
§ 256-13 R-3 Residence District (R-3).
A.
Purpose. The purpose of the R-3 Residence District is to provide for the orderly development of single-family semidetached dwellings (twins) at medium densities. Residential uses will be protected from incompatible adjacent uses.
B.
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the R-3 Residence District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this chapter are satisfied:
C.
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the R-3 Residence District by the Zoning Hearing Board in accordance with the standards contained in § 256-17 of this chapter:
D.
Accessory uses.
(1)
Each accessory use in the R-3 Residence District shall comply with the minimum yard requirements contained in Subsection F below, except as specifically provided for in this chapter.
(2)
Each of the following accessory uses shall be permitted in the R-3 Residence District only if such use complies with the relevant standards contained in § 256-18 of this chapter:
(a)
Accessory structure or use.
(b)
Bus shelter.
(c)
Fence and wall.
(d)
Home gardening, nursery or greenhouse.
(e)
Keeping animals and pets.
(f)
Noncommercial swimming pool.
(h)
Radio/television receiver.
(i)
Recreational vehicle.
(k)
Temporary structure or use.
(l)
Tennis court.
(m)
Satellite earth stations.
(n)
Other accessory uses and structures which are clearly customary and incidental to the principal use.
E.
Lot area, width, building coverage, impervious surface coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the R-3 Residence District, except as specifically provided for in this chapter:
[Amended 11-10-2004 by Ord. No. 488]
Principal Use | Minimum Lot Area1 (sq. ft.) | Minimum Lot Width2 (feet) | Maximum Building Coverage | Maximum Building Height (feet) | Impervious Surface Coverage |
|---|---|---|---|---|---|
Single-family semi- detached dwelling | 4,000 | 40 | 40% | 32 | 50% |
Single-family detached dwelling | 6,000 | 60 | 30% | 32 | 40% |
Any other use | 8,000 | 60 | 40% | 32 | 50% |
NOTES: |
|---|
1 Per dwelling unit for residential uses. |
2 Measured at the minimum front yard listed in § 256-13F for the particular use. |
F.
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the R-3 Residence District, except as specifically provided for in this chapter:
Principal Use | Front Yard1 (feet) | Each Side Yard (feet) | Rear Yard (feet) | |
|---|---|---|---|---|
Single-family semidetached dwelling | 30 | 10 | 25 | |
Single-family detached dwelling | 30 | 10 | 30 | |
Any other use | 30 | 15 | 30 |
NOTES: | |
|---|---|
1 The depth at which the minimum lot width shall be measured. |
§ 256-14 R-4 Residence District (R-4).
A.
Purpose. The purpose of the R-4 Residence District, the most dense living environment in the Borough, is to provide for a wide variety of affordable housing choice. It provides for single-family homes, duplexes, quadruplexes, townhouses and other types of multifamily housing and other compatible uses.
B.
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the R-4 Residence District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this chapter are satisfied:
(1)
Public recreation.
(2)
Single-family attached dwelling.
(3)
Single-family semidetached dwelling.
(4)
Two-family attached dwelling.
(5)
Two-family semidetached dwelling.
(6)
Two-family detached dwelling.
(7)
Single-family detached dwelling.
(8)
Low-rise apartments.
(9)
Group home, within a permitted dwelling unit.
C.
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the R-4 Residence District by the Zoning Hearing Board in accordance with the standards contained in § 256-17 of this chapter:
D.
Accessory uses.
(1)
Each accessory use in the R-4 Residence District shall comply with the minimum yard requirements contained in Subsection F below, except as specifically provided for in this chapter.
(2)
Each of the following accessory uses shall be permitted in the R-4 Residence District only if such use complies with the relevant standards contained in § 256-18 of this chapter:
(a)
Accessory structure or use.
(b)
Bus shelter.
(c)
Fence and wall.
(d)
Home gardening, nursery or greenhouse.
(e)
Home occupation.
(f)
Keeping animals and pets.
(g)
Noncommercial swimming pool.
(i)
Radio/television receiver.
(j)
Recreational vehicle.
(l)
Temporary structure or use.
(m)
Tennis court.
(n)
Satellite earth stations.
(o)
Other accessory uses and structures which are clearly customary and incidental to the principal use.
E.
Lot area, width, building coverage, impervious surface coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the R-4 Residence District, except as specifically provided for in this chapter:
[Amended 7-10-1991 by Ord. No. 430; 11-10-2004 by Ord. No. 488]
Principal Use | Minimum Lot Area1 (sq. ft.) | Minimum Lot Width2 (feet) | Maximum Building Coverage | Maximum Building Height (feet) | Impervious Surface Coverage |
|---|---|---|---|---|---|
Single-family attached dwelling (townhouse) | 3,000 | 301 | 50% | 32 | 70% |
Single-family semi- detached dwelling | 4,000 | 40 | 40% | 32 | 50% |
Single-family detached dwelling | 6,000 | 60 | 30% | 32 | 40% |
Mobile home park | 3 | 3 | 30% | 12 | 40% |
Multifamily buildings, apartments | 3,0004 | 30 | 70% | 32 | 80% |
Any other use | 8,000 | 60 | 40% | 32 | 50% |
NOTES: |
|---|
1 Per dwelling unit for residential uses. |
2 Measured at the minimum front yard listed in § 256-14F for the particular use. |
3 See § 256-17 for mobile home park lot area and density requirements. |
4 Minimum average lot area per dwelling unit. Individual lots may be smaller or the units may be in condominium ownership. |
F.
[Amended 7-10-1991 by Ord. No. 430] minimum yard requirements, Each of the following minimum yard requirements shall apply to each use in the R-4 Residence District, except as specifically provided for in this chapter:
Principal Use | Front Yard1 (feet) | Each Side Yard (feet) | Rear Yard (feet) | |
|---|---|---|---|---|
All uses, except mobile home park | 30 | 10 | 30 | |
Mobile home parks | See § 256-17 |
NOTES: | |
|---|---|
1 The depth at which the minimum lot width shall be measured. |
§ 256-15 B Business District.
A.
Purpose. The purpose of the B Business District is to provide convenience commercial uses, businesses, services and other appropriate uses in compatible areas of the Borough.
B.
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the B Business District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this chapter are satisfied:
(1)
Public recreation.
(2)
Mini-mall.
(3)
Automobile accessories sales.
(4)
Automobile major repair.
(5)
Automobile/motorcycle/boat sales.
(6)
Auto service station.
(7)
Hair cutting.
(8)
Personal service establishment.
(9)
Financial establishment/bank.
(10)
Animal hospital/veterinarian clinic.
(11)
Standard restaurant.
(12)
Fast-food restaurant.
(13)
Funeral home.
(14)
Hotel/motel.
(15)
Convenience store.
(16)
Gift shops.
(17)
General merchandise stores.
(18)
Furniture stores.
(19)
Retail store.
(20)
Shopping center.
(21)
Photocopying center.
(22)
Office equipment sales/service.
(23)
Kennel/pet grooming.
(24)
Laundry/laundromat.
(25)
Professional office.
(26)
Business office.
(27)
Medical office/clinic.
(28)
Civic, social, fraternal associations.
(29)
Conference/training center.
(30)
Nursery school/day-care center.
(31)
Post office.
(32)
Governmental office.
C.
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the B Business District by the Zoning Hearing Board in accordance with the standards contained in § 256-17 of this chapter:
D.
Accessory uses.
(1)
Each accessory use in the B Business District shall comply with the minimum yard requirements contained in Subsection F below, except as specifically provided for in this chapter.
(2)
Each of the following accessory uses shall be permitted in the B Business District only if such use complies with the relevant standards contained in § 256-18 of this chapter:
(a)
Accessory structure or use.
(c)
Bus shelter.
(d)
Fence and wall.
(e)
Home gardening, nursery or greenhouse.
(f)
Keeping animals and pets.
(g)
Swimming pool.
(i)
Radio/television transmitter.
(j)
Recreational vehicle.
(l)
Temporary structure or use.
(m)
Tennis court.
(n)
Satellite earth stations.
(o)
Other accessory uses and structures which are clearly customary and incidental to the principal use.
E.
Lot area, width, building coverage, impervious surface coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the B Business District, except as specifically provided for in this chapter:
[Amended 4-1-1992 by Ord. No. 439; 11-10-2004 by Ord. No. 488]
Principal Use | Minimum Lot Area1 (sq. ft.) | Minimum Lot Width2 (feet) | Maximum Building Coverage | Maximum Building Height (feet) | Impervious Surface Coverage |
|---|---|---|---|---|---|
All uses, each use | 5,000 | 50 | 50% | 35 | 75% |
NOTES: |
|---|
1 Measured at the minimum front yard listed in § 256-15E for the particular use. |
F.
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the B Business District, except as specifically provided for in this chapter:
Principal Use | Front Yard1 (feet) | Each Side Yard (feet) | Rear Yard (feet) | |
|---|---|---|---|---|
All uses, except mobile home park | 30 | 10 | 30 |
NOTES: | |
|---|---|
1 The depth at which the minimum lot width shall be measured. |
§ 256-16 I Industrial District.
A.
Purpose. The purpose of the I Industrial District is to provide areas for manufacturing or assembly operations and other industrially related establishments which can be a good neighbor without creating pollution or overloading the utility or street system. The district also provides for business offices, and commercial establishments which are compatible with other areas of the Borough.
B.
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the I Industrial District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this chapter are satisfied:
(1)
Research, engineering or testing.
(2)
Wholesale.
(3)
Bulk photo processing.
(4)
Lumberyard or building supply sales.
(5)
Printing or bookkeeping.
(6)
Bakery.
(7)
Construction company.
(8)
Fuel oil company.
(9)
Metal fabrication.
(10)
Warehouse.
(11)
Mini-warehouse (self-storage).
(12)
Food processing.
(13)
Bottling industry.
(14)
Ceramic products industry.
(15)
Furniture manufacturing.
(16)
Millwork and other wood products.
(17)
Scientific/electronic instruments manufacturing.
(18)
Sawmill/planing mill.
(19)
Textile/garment industry.
(20)
Chemical products industry.
(21)
Paper/pulp mill.
(22)
Assembly and packaging establishments.
(23)
Planned business parks.
(24)
Civic, social, fraternal associations.
(25)
Conference/training center.
(26)
Nursery school/day-care center.
(27)
Post office.
(28)
Business office.
(29)
Professional office.
(30)
Medical office/clinic.
(31)
Governmental office.
(32)
Animal hospital/veterinarian office.
(33)
Mini-mall.
(34)
Automobile accessories sales.
(35)
Automobile major repair.
(36)
Automobile/motorcycle/boat sales.
(37)
Auto service station.
(38)
Hair cutting.
(39)
Personal service establishment.
(40)
Financial establishment/bank.
(41)
Standard restaurant.
(42)
Fast-food restaurant.
(43)
Funeral home.
(44)
Hotel/motel.
(45)
Convenience store.
(46)
Gift shops.
(47)
Flea market.
(48)
General merchandise stores.
(49)
Furniture stores.
(50)
Retail store.
(51)
Shopping center.
(52)
Car wash.
(53)
Nonalcoholic beverage distributor.
(54)
Fire station.
(55)
Public utility facility.
C.
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the I Industrial District by the Zoning Hearing Board in accordance with the standards contained in § 256-17 of this chapter:
(1)
Municipal use.
(2)
Nursery school/day-care center.
(3)
Adult bookstore, adult movie theater, massage parlor or cabaret.
(4)
Public or private heliport or helistop.
(5)
Radio/television transmitter.
(6)
Recycling collection center.
(7)
Resource recovery plant.
(8)
Tennis club.
(9)
Criminal treatment center.
D.
Accessory uses.
(1)
Each accessory use in the I Industrial District shall comply with the minimum yard requirements contained in Subsection F below, except as specifically provided for in this chapter.
(2)
Each of the following accessory uses shall be permitted in the I Industrial District only if such use complies with the relevant standards contained in § 256-18 of this chapter:
(a)
Accessory structure or use.
(b)
Bus shelter.
(c)
Fence and wall.
(d)
Nursery or greenhouse.
(e)
Keeping animals and pets.
(g)
Radio/television transmitter or receiver.
(h)
Recreational vehicle.
(j)
Temporary structure or use.
(k)
Tennis court.
(l)
Satellite earth stations.
(m)
Other accessory uses and structures which are clearly customary and incidental to the principal use.
E.
Lot area, width, building coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the I Industrial District, except as specifically provided for in this chapter:
[Amended 11-10-2004 by Ord. No. 488]
Principal Use | Minimum Lot Area (sq. ft.) | Minimum Lot Width1 (feet) | Maximum Building Coverage | Maximum Building Height (feet) | Impervious Surface Coverage |
|---|---|---|---|---|---|
All uses, each use | 20,000 | 100 | 50% | 35 | 60% |
NOTES: |
|---|
1 Measured at the minimum front yard listed in § 256-16F for the particular use. |
F.
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the I industrial District, except as specifically provided for in this chapter:
Principal Use | Front Yard1 (feet) | Each Side Yard2 (feet) | Rear Yard2 (feet) | |
|---|---|---|---|---|
All uses | 30 | 10 | 30 |
NOTES: | |
1 The depth at which the minimum lot width shall be measured. | |
2 No side yard or rear yard shall be required when the lot abuts a railroad. |
§ 256-17 Uses permitted by right; special exception uses.
A.
Process for uses permitted by right with additional requirements. Each use listed as permitted by right with additional requirements in the list of permitted uses for each district shall comply with the conditions listed in Subsection C. The determination of compliance shall be made by the Zoning Officer. A site plan submission and review may also be required under § 256-27.
B.
Special exception use procedures.
(1)
Purpose. Before a zoning permit is granted for any use listed as a special exception use in this chapter, a site plan shall be reviewed by the Planning Commission and approved by the Zoning Hearing Board. This procedure is provided because of the considerable impact that these uses tend to have on a community.
(2)
Procedure.
(a)
The Zoning Officer shall deny a zoning permit for the proposed development until written approval of the Zoning Hearing Board is obtained.
(b)
All applicants for a special exception use shall submit 18 sets of site plans for the proposed use to the Zoning Hearing Board as part of the application for a zoning permit.
(d)
The Zoning Hearing Board shall distribute copies according to established procedures within five days of receiving the submission.
(e)
The Zoning Officer should, prior to the next regularly scheduled Zoning Hearing Board meeting, review the plan to determine compliance with this chapter and submit a written report to the Zoning Hearing Board.
(f)
The Planning Commission should, prior to the next regularly scheduled Zoning Hearing Board meeting, review the plan to determine compliance with this chapter and submit a written recommendation to the Zoning Hearing Board.
(g)
The Board shall not decide the case without reviewing the reports received from the Zoning Officer and Planning Commission if the Zoning Officer or Planning Commission elect to submit the same. Failure of either the Zoning Officer or the Planning Commission to submit a written report prior to the next regularly scheduled meeting shall not prevent the Board from hearing and deciding the request.
(h)
The Board shall hear and decide such request or a special exception use under the procedures of Article VIII within 60 days from the date an application has been properly submitted.
(i)
The decision of the Board, notifying the Zoning Officer of the Board's decisions, shall be in writing and shall be communicated to the Zoning Officer and applicant personally or mailed to him at his last known address not later than 15 days following the decision.
(3)
(4)
General standards. Each special exception use shall comply with all of the following general standards:
(a)
In conformance with the spirit, purposes, intent and all applicable requirements of this chapter.
(b)
In conformance with all applicable provisions of all other Borough ordinances.
(c)
In accordance with the Borough's Comprehensive Plan and the community development objectives of this plan.
(d)
In conformance with all applicable state and federal laws, regulations and requirements.
(e)
Suitable for the particular location in question.
(f)
Not detrimental to the public health or welfare.
C.
List of standards and conditions for uses permitted by right with additional requirement uses and special exception uses. The standards and conditions listed in this section shall be satisfied for each of the following uses. These requirements should serve as a minimum for approval, in addition to all other requirements of this chapter. For any uses listed in this chapter as special exception uses for which no additional regulations are stated in this section, no additional standards are specifically required other than the general standards of Subsection B(4) above and the other provisions of this chapter.
(1)
Adult bookstore, adult movie theater, massage parlor or cabaret.
(a)
No such use shall be located within 600 linear feet of any school, church, existing dwelling, public park, R-1, R-2, R-3 or R-4 District.
(b)
No such use shall be located within 1,000 linear feet of any existing adult bookstore, adult movie theater, massage parlor or cabaret.
(c)
A twenty-foot buffer yard shall be provided along the side and rear lot lines in accordance with § 256-22D.
(d)
No obscene material shall be placed in view of the general public. Precautions shall be made to prohibit minors from entering the premises.
(2)
Animal hospital.
(a)
A minimum lot size of at least 1/2 acre shall be required for those animal hospitals treating small animals (e.g., cats, birds, exotic animals). A minimum lot size of at least two acres shall be required for those animal hospitals treating large animals (e.g., cattle, horses, etc.).
(b)
All buildings in which animals are housed or provided care shall be located at least 100 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.
(c)
Outdoor animal runs may be provided for small animals so long as a visual barrier at least four feet in height is provided between the runs and a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.
(4)
Auto, motorcycle, boat or recreational vehicle sales. No vehicle on display shall occupy any part of the street right-of-way, required yard areas, or required parking area.
(5)
Auto repair station.
(a)
All repair and paint work shall be performed within an enclosed building.
(b)
All provisions shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots.
(c)
Outdoor storage of autos and other vehicles shall not exceed three times the indoor repair area, shall only be behind the building and shall be no closer than 20 feet from side and rear lot lines.
(d)
Any vehicle on the premises longer than 48 hours shall be deemed a stored vehicle. No vehicle shall be stored in excess of 45 days.
(6)
Auto service station.
(a)
All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.
(b)
Fuel pumps shall be at least 25 feet from any future street right-of-way or 50 feet from the street center line, whichever is greater.
(c)
All automobile parts and dismantled vehicles are to be located within a building.
(d)
Full body paint spraying or body and fender work shall not be permitted.
(e)
Automobiles that are taken to a service station for outside storage may remain no longer than seven days from the day the car arrives at the station.
(f)
Any vehicle on the premises longer than 48 hours shall be deemed a stored vehicle. No vehicle shall be stored in excess of 45 days.
(7)
Bank/financial establishment. Any drive-in window(s) shall be located, along with attendant lane(s) for vehicles, to ensure that traffic conflicts and hazards are avoided within the site and along the streets and highways adjoining the financial establishment.
(8)
Bed-and-breakfast use.
(a)
No more than three rental units shall be provided and no more than two adults and two children may occupy one guest unit; each rental unit shall be no less than 250 square feet.
(b)
One off-street parking space shall be provided for each guest unit. The off-street parking spaces shall be located to the rear of the main dwelling and screened from the roadway and adjoining properties by fencing of natural vegetation.
(c)
At least one bathroom shall be provided for use by each rental unit.
(d)
There shall be no use of show windows or any type of display or advertising visible from outside the premises, except for a single sign no larger than two square feet in size constructed and placed in accordance with Article VI.
(e)
No external alterations or changes to the exterior structure shall be permitted except as required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by any other governmental agency.
(f)
The use shall be carried on by members of the immediate family, who must reside on the premises. Failure of the owner to continue to reside on the premises shall terminate any special exception granted under this section.
(g)
There shall be no separate kitchen or cooking facilities in any guest unit. Food served to guests on the premises shall be limited to breakfast only and shall be prepared and served by the owners or immediate family.
(h)
The maximum, total length of stay at a bed-and-breakfast shall be 14 days within a three-month period.
(i)
The use of any amenities provided by the bed-and-breakfast, such as swimming pool or tennis court, shall be restricted in use to the guests of the establishment and shall be screened from the roadway and adjoining properties by fencing of natural vegetation.
(j)
The use may not be established until there is compliance with all rules, regulations and statutes pertaining to but not limited to health, fire safety, use and occupancy, plumbing, electricity and building safety.
(k)
The lot area shall be at least 1,000 square feet per rental unit, plus the minimum for the zoning district.
(l)
Each bed-and-breakfast use and rental units shall be subject to an annual use and occupancy inspection by the Zoning Officer.
(m)
Guests shall not be accommodated on nights that the owner(s) is not on the premises.
(n)
The Borough may revoke a permit for a bed-and-breakfast use if the Borough determines that such establishments constitute a danger to guests or create nuisances to adjoining landowners because of noise or lack of proper sanitation or inadequate sewage facilities.
(9)
Car wash.
(a)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(b)
Access points shall be limited to two on each street abutting the lot.
(c)
On-lot traffic circulation channels and parking areas shall be clearly marked.
(d)
Signs and outdoor lighting shall be in accordance with this chapter.
(e)
Adequate provisions shall be made for the proper and convenient disposal of refuse.
(f)
Centralized sewage disposal facilities and centralized water supply facilities shall be provided.
(g)
A fee may be imposed, subject to the Borough, for maintenance, including but not limited to ice removal from public properties caused directly or indirectly by the use.
(10)
Cemetery.
(a)
Cemeteries shall be on a lot at least two acres in area.
(b)
Consideration shall be given to compatibility with adjacent land uses, existing or proposed highways and any elements or factors deemed to affect the public health, safety and welfare of the surrounding area and a minimum setback may be required from any property line for any structure, grave or place of temporary or permanent burial and such walls, fences and/or planting of shrubbery, trees or vines may be required as may be reasonable and proper to afford adequate screening.
(11)
Community/cultural center. No outdoor recreation area shall be located closer to any lot lines than the required front yard depth in the Zoning District.
(12)
Conversions to residential use.
(a)
The lot area shall not be reduced to less than the amount stated for the district in which the structure is located.
(b)
The yard, building area, off-street parking and other applicable requirements for the district shall not be reduced.
(c)
Adequate capacity of sewer, water and other utilities shall be available and shall be certified.
(d)
The resulting residential use shall be a permitted use in the district.
(13)
Criminal treatment center.
(a)
The applicant shall fully describe, in writing, the type of persons intended to be housed and/or treated on the premises.
(b)
The applicant shall prove to the satisfaction of the Zoning Hearing Board that the persons residing or being treated on the premises would not be a significant threat to the public health and safety.
(c)
The use shall involve the housing and/or treatment of a maximum total of 20 persons at any period of time.
(14)
Fast-food restaurant with drive-in service.
(a)
Shall screen all trash containers.
(b)
Shall provide landscaping on all areas not covered by buildings, structures, parking areas or access drives.
(c)
May provide an outdoor menu board (which shall not be considered a sign) if drive-up service is provided from within the building to customers in their vehicles.
(d)
Shall provide a visual planting screen, in accordance with § 256-22D(3), when adjacent to residential properties.
(15)
Fire station shall be located on a lot abutting an arterial or collector street as defined by the Official Street Classification Map.
(16)
Fuel oil company shall be in accordance with applicable federal, state and local fire protection standards.
(17)
Group home.
(b)
There shall be adequate supervision as needed by a person trained in the field for which the group home is intended.
(c)
The use shall be licensed or certified under an applicable state, county or federal program for group housing, if applicable. A copy of any such license or certification shall be filed with the Borough and also shall be required to be provided to the Zoning Officer upon request.
(d)
Any medical or counseling services provided on the lot shall be limited to residents and up to three nonresidents during any day.
(e)
One off-street parking space shall be provided for each employee on duty at any one time, and every two residents of a type reasonably expected to be capable of driving a vehicle.
(g)
If the group home is located in a residential district, the building shall be maintained and/or constructed to ensure that it is closely similar in appearance, condition and character to the other residential structures in the area. No exterior signs shall identify the use.
(h)
The group home shall register its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Borough. Such information shall be available to the public.
(i)
The group home shall notify the Borough within 14 days if there is a change in the type of clients in the home or if an applicable certification or license expires, is suspended or is withdrawn.
(j)
Number of residents in a lawful dwelling unit: maximum of six persons, including the maximum number of employees on the site during any one period of time, except as listed below:
[1]
In a single-family detached dwelling with a minimum lot area of 10,000 square feet and a minimum building setback from all lot lines of 15 feet: maximum of nine persons.
[2]
In a nonresidential district, where permitted: maximum of 15 persons, provided that there is a minimum of 100 square feet of usable interior space per person.
(k)
Off-street parking areas of more than two spaces shall be buffered from adjacent existing single-family detached, semidetached or attached dwellings by a planting screen meeting the requirements of § 256-22D(3).
(l)
If a group home will use an on-lot septic system and will involve six or more persons routinely on the premises at any one time, the septic system shall be required to be reviewed by the Borough Sewage Enforcement Officer to determine if it is adequate.
(m)
Employees of the group home shall be prohibited from having visitors on the premises, unless such visitation is necessary for the operation of the group home and except for emergencies.
(n)
If the group home will not be required to comply with building safety requirements of the State Department of Labor and Industry, then the use shall be required to comply with the requirements of the latest official version of the BOCA Basic Building Code that relate to fire safety and emergency exits.
(18)
Home occupation.
(a)
The home occupation shall not be conducted on the premises outside of a building.
(b)
The home occupation shall not exceed 10% of the net floor area of the principal dwelling unit, including basement area.
(c)
There shall be no outside storage of materials and no exterior evidence of the home occupation shall be visible.
(d)
There shall be no use of show windows or any type of display, sign or advertising visible from outside the premises, except for one sign no larger than six inches by 16 inches in size, constructed of brass and permanently affixed to the building.
(e)
No more than one employee may work on the premises at the same time who are not residents of the principal dwelling unit.
(f)
No servicing by truck in excess of one time per week shall be permitted.
(g)
Uses permitted as a home occupation include professional office and instruction of not more than three pupils simultaneously.
(h)
The following uses shall not be permitted as a home occupation: nursery school/day-care center, animal hospital, stable, kennel, funeral parlor, retail store or restaurant and other similar uses.
(i)
No machinery or equipment shall be permitted that produces noise, odor, vibration, light or electrical interference beyond the boundary of the property.
(19)
Hotel/motel.
(a)
A restaurant may be permitted as an accessory use to a hotel or motel.
(b)
No hotel or motel shall have a lot area of less than one acre, nor a lot area per sleeping unit of less than 2,000 square feet.
(c)
Hotels and motels shall utilize public sewers connected with a sewage disposal system approved by the Pennsylvania Department of Environmental Protection.
(20)
Kennel.
(a)
All buildings in which animals are housed and all runs shall be located at least 100 feet from all lot lines.
(b)
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.
(c)
Outdoor runs may be provided so long as a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.
(21)
Lumberyard.
(a)
Lumberyards shall be on a lot abutting an arterial street (as defined by the Official Street Classification Map); ingress and egress shall be to and from the arterial street only.
(b)
A planting screen shall be provided and maintained in accordance with § 256-22D(3) where adjacent residential uses and R-1, R-2, R-3 or R-4 Districts exist.
(22)
Mini-warehouse/self-storage development.
(a)
All storage units shall be fireproof and waterproof. Each shall have separate ingress and egress secured by a locking device.
(b)
Outdoor storage shall be limited to recreational vehicles, campers and boats on trailers parked on paved areas. All such items must be licensed and inspected (if applicable) and in operable condition.
(c)
Trash, garbage, refuse, explosive or flammable materials, hazardous substances, animal, animal carcasses or skins or similar items shall not be stored.
(d)
Nothing shall be stored in interior traffic aisles, off-street parking areas, loading areas or driveway areas.
(e)
Servicing or repairing of boats, vehicles, trailers, lawn mowers or any similar equipment shall not be permitted.
(f)
Adequate lighting shall be provided to illuminate the area, but directed away or shielded to direct light away from adjacent uses.
(g)
A planting screen shall be provided and maintained in accordance with § 256-22D(3) where adjacent residential uses and R-1, R-2, R-3 or R-4 Districts exist.
(23)
Mobile home park.
[Added 7-10-1991 by Ord. No. 430]
(a)
The mobile home park shall have a maximum gross density of no more than one dwelling per 3,000 square feet on the lot.
(c)
A minimum separation distance of at least 14 feet shall be provided between the homes.
(d)
There shall be setback distance of at least 30 feet from all future street right-of-way lines.
(f)
The sale of manufactured homes within the mobile home park, as a commercial use, shall be prohibited.
(25)
Place of worship shall be on a lot at least one acre in area.
(26)
Planned industrial/business park:
(27)
Public or private heliport or helistop.
(a)
The Pennsylvania Bureau of Aviation within the Pennsylvania Department of Transportation shall find the landing area safe and acceptable for licensing for a private airstrip, private airport, heliport or helistop.
(b)
The Federal Aviation Administration shall have granted approval for the use of the air space.
(c)
The use shall comply with any other applicable federal and state regulations and requirements.
(d)
Areas used for landings, takeoffs and ground circulation shall be located at least 300 feet away from adjacent property lines.
(29)
Recycling collection area/resource recovery plant.
(a)
All solid waste shall be at least 200 feet from any adjoining lot.
(b)
All solid waste shall be at least 200 feet from any public highway, road or street.
(c)
The site shall contain one entrance and one exit on an arterial street, each of which is not less than 30 feet in width.
(d)
No burning or incineration shall be carried out.
(e)
The site shall be selected and designed by a registered professional engineer with proven experience in solid waste disposal planning and operation. The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations.
(f)
No hazardous waste shall be collected, stored, recycled or processed on the site.
(30)
Rooming house/boardinghouse.
(a)
No more than one person shall occupy each rental unit.
(b)
Separate cooking facilities in each rental unit shall be prohibited.
(c)
Each rental unit shall be at least 250 square feet in size and shall have its own sanitary and sleeping facilities.
(d)
Each rental unit shall have separate access to the outside or to a common hallway or balcony.
(e)
The yard, building area, off-street parking and other applicable requirements for the district shall be met.
(f)
Adequate capacity of sewer, water and other utilities shall be certified.
(g)
Each rental unit shall be subject to an annual use and occupancy inspection by the Zoning Officer.
(h)
The use may not be established until there is compliance with all Commonwealth of Pennsylvania and Borough rules and regulations, including but not limited to use and occupancy, fire safety and health.
(i)
The use shall be carried on by members of the immediate family, who must reside on the premises. Failure of owner to continue to reside on the premises shall terminate any special exception granted under this section.
(31)
Swimming club.
(a)
All pools shall be entirely enclosed with a good quality chain link or preferably a wooden or other equivalent screened fence of not less than six feet in height. The fence should be screened by natural vegetation which is maintained.
(b)
No loudspeaker or amplifying device shall be permitted which will project sound in excess of the sound levels of § 256-35 of this chapter.
(c)
Lighting perceptible beyond the property line shall be minimized in accordance with § 256-38 of this chapter.
(d)
Adequate lighting shall be provided to illuminate the area, but directed away or shielded to direct light away from adjacent uses.
(32)
Tennis club.
(a)
No loudspeaker or amplifying device shall be permitted which will project sound in excess of the sound levels of § 256-35 of this chapter.
(b)
Lighting perceptible beyond the property line shall be minimized in accordance with § 256-38 of this chapter.
(c)
Adequate lighting shall be provided to illuminate the area, but directed away or shielded to direct light away from adjacent uses.
(33)
Wholesale and warehousing.
(a)
Truck parking and loading shall meet the minimum standards of this chapter and in unique situations shall be provided according to maximum standards of the industry for the specific type of warehouse, wholesale or distribution activity to be conducted.
(b)
Truck or rail access and operations shall not conflict with the convenience and safety of auto traffic and parking.
(c)
No storage of trash, garbage, refuse, explosive or flammable materials, hazardous substances, animals, animal carcasses or skins or similar items shall be permitted.
§ 256-18 Accessory uses.
A.
In general. An accessory use on the same lot and customarily incidental to a permitted principal use is permitted by right.
B.
Yard requirements. Every accessory use shall comply with the yard regulations for the district in which it is located, except as otherwise specifically provided in this chapter.
C.
Special standards. Each accessory use shall comply with all of the following standards listed for that use:
(1)
Accessory buildings and structures (other than fences).
(a)
Attached accessory structures. Accessory structures which are attached to the principal building shall comply with all the yard requirements for a principal structure.
(b)
Unattached accessory structures. Unattached accessory structures may be erected within a rear yard, provided that they conform with the following:
[1]
Maximum height: 15 feet, with a maximum of one story.
[2]
An accessory structure shall not be less than three feet from the side lot line.
[3]
If an accessory structure would be within the side yard of a corner lot, it shall meet the same minimum side yard requirement as would apply to a principal building.
[4]
An accessory structure shall be not less than three feet from the rear lot line.
[5]
An accessory structure shall be located not less than 10 feet from a principal structure.
[6]
No more than two accessory structures, including a private detached garage, shall be located in any district on one lot.
(c)
No accessory building or structure shall be placed, erected, or otherwise constructed in the front yard area of any lot, tract or parcel of land within the Borough.
[Added 5-8-2013 by Ord. No. 513]
(2)
Fences.
(a)
A zoning permit shall be required for the erection, alteration or substantial replacement (more than 25%) of a fence or retaining wall. An application for a permit shall be submitted to the Zoning Officer on the form supplied by him and shall be accompanied by two sets of plans acceptable to the Zoning Officer showing the location of the lot, the location of the building and fence or retaining wall on the lot and all open spaces. Upon approval of the plans and specifications by the Zoning Officer, one set of each so marked will be returned to the applicant and must be kept together with the permit at the building site and shall be accessible at all times to the proper authorities. No change in the same shall be made without notification to and approval by the Zoning Officer. If the Zoning Officer is aware of a property line dispute, he may require a survey by a licensed professional land surveyor as part of the application.
(b)
No fence shall be erected in the front yard area of any lot, tract or parcel of land in the Borough, unless it is natural living vegetation (i.e., plants, trees, hedges) of which the height shall not be greater than four feet. For a living fence (vegetation) a no-fee permit is required.
(c)
No fence in a residential district shall be constructed to a height of greater than four feet on any portion of the side yard on any lot, except that residential properties adjoining nonresidential uses may construct a fence to a height not greater than six feet on any portion of the rear and/or side yard that adjoins a nonresidential use.
(d)
No fence in a residential district shall be constructed to a height of greater than six feet on any portion of the rear yard on any lot or piece of ground.
(e)
No fence shall be erected on an unoccupied lot unless approved as a variance by the Zoning Hearing Board.
(f)
No fence or wall shall be constructed or maintained that contains barbed wire, spikes or dangerous protrusions. Electrified fences shall be prohibited.
(g)
Retaining walls used in support of earth shall not extend more than six inches above the top of the earth on the upper side.
(h)
No fence or wall shall be placed within six inches of the property line between the property on which the fence is constructed and the adjoining property, unless such adjoining property owner shall agree, in writing, prior to the issuance of a permit that such fence may be placed upon the property line.
(i)
No fence (including natural vegetation) and/or wall at any time shall prevent the clear view of the motor vehicle traffic entering or leaving from adjoining streets and driveways.
(j)
An owner of a property which has an unopened street as a side or rear yard line may erect a wall or fence to the right-of-way line, provided that the owner agrees, in writing, to the removal of the fence if the street is opened at a later date.
(k)
No fence in an industrial, business or nonresidential district shall be constructed to a height of greater than eight feet on any portion of the side and rear yard on any lot or piece of ground.
(l)
Fences located in an industrial, business or nonresidential district which adjoins residential properties or faces public streets shall be shielded from the street and adjoining properties by screening, in accordance with § 256-22D(3). The screening (i.e., plants, trees, hedges) is to be placed along adjoining property line with said fence installed behind screening.
(m)
In industrial, business or nonresidential districts, a maintained planted all-season visual barrier of landscape screen and/or earth mounds shall be provided. This visual barrier shall be composed of plants, trees and berms arranged to form both a high level and low level screening.
(n)
Corner lot situations.
[1]
Upon approval of the Zoning Hearing Board, by variance, one frontage section of a corner property may be designated as a side and/or rear yard (see Exhibit C[1] on following page). This is to allow an approved fence meeting all of the standard regulations of this section.
[1]
Editor's Note: Said Exhibit C is on file in the Borough offices.
[2]
Said fence to be shielded within a reasonable period of time from view from the street and adjoining properties by screening.
(o)
Fences, as described throughout this section, shall be placed so as to present the most attractive side of the fence [painted, finished, constructed (structural supports to be placed on inside facing installer's side), planted, etc.] to the neighbor on whose adjoining land it faces or to the street on which the fence faces.
(3)
Home gardening, nurseries and greenhouses. No outdoor storage of equipment shall be permitted.
(4)
Keeping of pets and animals. (Note: This section applies only to accessory uses. It does not apply to principal uses such as animal hospitals or kennels.)
(a)
Number. No more than four customary household pets or domestic animals (e.g., dogs, cats, canaries, etc.) may be kept. Six or more adult dogs and/or cats shall constitute a kennel.
(b)
Commercial use. Commercial breeding or use of these pets shall not be permitted as an accessory use.
(c)
Large animals and fowl. Large animals (such as cattle, horses, goats and pigs) and fowl (such as chickens, ducks, turkeys and pigeons) are not permitted.
(5)
Recreational vehicle. No recreational vehicle or unit shall be stored for a period of six consecutive months within a yard or within five feet of a side yard or a rear yard line. A recreational vehicle must be stored 10 feet behind the building line.
(6)
Satellite earth stations (or satellite dishes).
(a)
Location. Satellite earth stations shall be permitted in rear yards and on roofs of the principal building on the lot. Roof installation shall be permitted only if it is impossible to obtain a usable satellite signal (as defined in this chapter) from the rear yard. Satellite earth stations shall be designed and sited so as to reduce visual impact at ground level and from public streets.
(b)
Number of stations per lot. There shall be a maximum allowable limit of one satellite earth station per lot with the use limited to the lot on which it is located.
(c)
Size and height. No satellite earth station located in the rear yard shall exceed 14 feet in height. The height restriction of the district shall apply for roof-mounted satellite earth stations. No satellite earth stations shall exceed 10 feet in diameter.
(d)
Structure. Satellite earth stations shall be a color that blends with the surrounding environment. Every roof-mounted satellite earth station must be adequately grounded for protection against a direct strike of lightning.
(e)
Screening. Natural plant screening shall be required around all yard-mounted satellite earth stations to the maximum extent possible 14 feet without obstructing the sight line of the station. Full screening shall be accomplished within four years. Planting must be initiated during the first growing season following installation.
(f)
Permits. Prior to installation of any satellite earth station, a permit application shall be filed with the Building Inspector. All applications must be accompanied by mounting and stress analysis specifications sealed by a registered engineer (roof-mounted dishes only). Final approval of the permit is contingent upon approval by the Borough Engineer.
(g)
Administrative standards. When, in the course of administration and enforcement of this section, it is necessary or desirable to make any administrative decision, then, unless other standards are provided in this chapter, the decision shall be made so that the result will not be contrary to the spirit and purpose of this section or injurious to the surrounding neighborhood.
(7)
Commercial or industrial outdoor storage and display.
(a)
Location: shall not occupy any part of the street right-of-way, area intended or designed for pedestrian use, required parking area or part of the required front yard.
(b)
Size: shall occupy an area less than 1/2 the existing building coverage. A special exception may be authorized by the Zoning Hearing Board for no more than 25% of the lot area to be used for outdoor storage or display.
(8)
Noncommercial swimming pool. A noncommercial swimming pool designed to contain a water depth of 30 inches or more shall not be located, constructed or maintained on any lot or land area except in conformity with the following requirements:
(a)
Permit. A zoning permit shall be required to locate, construct or maintain a noncommercial swimming pool.
(b)
Location. Such pool shall be located in a rear or side yard only. No aboveground or in-ground pool shall be located within eight feet of a side or rear lot line or under any electrical lines, within 15 feet of any primary structure or over any on-lot sewage disposal field or system or within three feet of any accessory structure.
(c)
Fence. Every in-ground noncommercial swimming pool shall be entirely enclosed with a screened childproof fence of not less than four feet in height equipped with a self-closing gate or platform.
(9)
Temporary structure or use. A temporary permit may be issued by the Zoning Officer for structures or uses necessary during construction or other special circumstances of a nonrecurring nature subject to the following additional provisions: