Bellefonte City Zoning Code
ARTICLE XIV
Use Regulations
§ 575-65 Uses not permitted are prohibited.
The use of land and structures shall be limited only to the primary and accessory uses permitted in each zoning district, unless specifically permitted, exempted or otherwise modified by this or other articles of this chapter. All other uses not expressly permitted are prohibited. In addition to the regulations stipulated for each use elsewhere in this chapter, the following use regulations shall apply.
§ 575-66 Historical Architectural Review Board review.
In cases where a use regulation occurs within the boundaries of the Historical Architectural Review Board District and involves construction or alteration of buildings, the use activity may be subject to the guidelines, standards and approval processes of the Bellefonte Historic District Ordinance/Historical Architectural Review Board.
§ 575-67 Primary uses.
In the residential districts, no more than one primary use shall be permitted in any single structure, nor more than one primary use in each of several structures on each lot of record, provided that each structure shall meet all other regulations of this chapter.
§ 575-68 Accessory uses.
All accessory uses, except where otherwise permitted by this chapter, shall comply with the lot setback, yard setback, and maximum height requirements for the primary use to which it is accessory.
§ 575-69 Accessory structures.
All accessory structures, except where otherwise permitted by this chapter, shall comply with the lot setback, yard setback, and maximum height requirements for the primary structure to which it is accessory. Accessory structures may include, but are not limited to, the following. (See the R-2 Town Residential District standards for additional information pertaining specifically to that zoning district.)
A.
Small accessory structures. Small buildings of not more than 225 square feet in ground-floor area and not more than 10 feet in height are permitted in the side and rear yard setback areas, provided they are not placed closer than five feet from any lot line. Two abutting property owners may erect a common accessory structure across or abutting upon a common lot line in the rear yard setback area, provided that such property owners supply the Zoning Officer with a copy of a written agreement for erection and use of the structure, which agreement has been recorded in the office of the Recorder of Deeds.
B.
Private garages. Private detached garages may be erected in rear yards, provided that:
(1)
If a corner lot, the setback from the street side shall conform to front yard setback requirements.
(2)
All other setbacks shall be five feet from the property lines unless access is from an alley, in which case the setback shall be 20 feet, except in the case of existing garages, which may be extended along existing setback lines, or unless 40% or more of the properties fronting on said alley along a block face has been improved with buildings erected, altered or enlarged within the twenty-foot setback, in which case the garage may be erected, enlarged or altered up to the average setback distance of the 40% or more of existing lots.
(3)
No private detached garage shall exceed 15 feet in height.
C.
Attached garages and carports. Attached garages and carports shall be considered as a part of the main building and shall conform to all regulations.
§ 575-70 Retail outlets.
Industrial uses may include a retail factory outlet for the sale of those products produced on the premises, provided that the floor area of such outlet does not exceed 25% of the total floor area of the primary structure or, if there is more than one use in the primary structure, 25% of the particular use, whichever is less. Wholesale distribution use may include retail sales to the general public as an accessory use, provided that total accessory uses do not exceed 25% of the total floor area of the use. Any such retail outlet use must comply with the parking requirements.
§ 575-71 Swimming pools.
Swimming pools are permitted as accessory structures in any district, provided that outdoor pools capable of containing water 18 inches or more in depth shall meet the follow requirements:
A.
Setbacks. Swimming pools may not be located in any front yard or any side yard setback area but may be located in the rear yard setback area, provided that no part of the pool (measured from the water edge), excluding paved area, accessory structures and fencing, shall be located within 20 feet of the rear property line, nor closer to a side property line than a distance equivalent to the side yard setback for an accessory structure within the applicable district.
B.
Fencing. All outdoor swimming pools below ground level shall be completely surrounded by a fence or wall not less than four feet in height, which shall be constructed so as to exclude openings, holes, or gaps larger than four inches in either height or width. If the wall of the pool is above ground, the required fence or wall may be securely affixed to the top of the pool wall so that the total height of the wall of the pool and the fence or wall shall be not less than four feet.
C.
Gates and doors. All gates or doors opening through such required fence or wall shall be equipped with a self-latching device capable of being locked for keeping the gate or door securely closed at all times when not in use.
D.
Lighting. Lights used to illuminate any swimming pool shall be so arranged and shaded as to reflect light away from adjoining premises so as not to become a nuisance or annoyance to other property owners.
§ 575-72 Automobile service stations.
In addition to the district regulations specified, all automobile service stations shall meet the following regulations:
A.
Enclosure. The dismantling of motor vehicles shall be performed only within a completely enclosed building, and all dismantled motor vehicles and parts thereof shall be stored within such building.
B.
Fuel pumps. Fuel pumps may be located within the front yard setback area, provided such are at least 30 feet from any lot line.
C.
Access. The proposed structure shall not have an entrance or exit closer than 200 feet to a public school, public library, church, theater or any other public gathering place, hospital, playground or fire station.
D.
Rights-of-way. No public garage or gasoline service station shall be constructed, altered or enlarged except with provision for rendering all services on the premises and not on the public streets.
§ 575-73 Religious institutions.
Religious institutions shall be located only on lots with direct motor vehicle access onto collector or arterial streets in the districts where they are permitted uses.
§ 575-74 Townhouses.
In addition to the district regulations specified, the following regulations shall apply to all townhouses:
A.
Setbacks. When two or more attached dwelling units are proposed to be placed upon a lot in single ownership, or on two or more abutting lots under joint ownership, the front, side, and rear yard setback areas stipulated in the district regulations are required only from the lot lines that abut the property of another. Within the lot, however, the minimum horizontal distance between facing walls of any two buildings shall be 40 feet.
C.
Living area. Each dwelling unit shall consist of a minimum of 1,000 square feet of habitable living area.
D.
Access. Each dwelling unit shall extend from ground to roof, with a minimum of two independent outside entrances, at least one of which is located on an opposite or abutting unit elevation.
[Amended 9-8-2009 by Ord. No. 09082009-01]
E.
Design. R-1 District only: The vertical plane of each dwelling unit shall vary at least four feet, at both the front and back, from each adjacent unit.
[Amended 9-8-2009 by Ord. No. 09082009-01]
F.
Roofline. R-1 District only: Units shall be distinct at the roofline either by variations in heights by at least 16 inches or by extension of common fire walls at least four feet above the mean roofline of each unit.
[Amended 9-8-2009 by Ord. No. 09082009-01]
G.
Architecture. The Zoning Officer shall inform the landowner that the desire of the Borough is that each dwelling unit be architecturally distinct, yet all be similar in overall style.
H.
Screening. Before a building permit will be issued, the landowner shall submit to the Zoning Officer a landscape design that will include trees and vegetation designed to screen and to make the premises attractive to residents and neighbors.
§ 575-75 Apartment houses.
In addition to the district regulations specified, the following regulations shall apply to all apartment houses:
A.
All apartment houses shall meet the requirements of the Bellefonte Borough International Property Maintenance Code.
§ 575-76 Schools and nurseries.
Public and private nurseries, kindergartens, elementary, secondary and postsecondary schools. Such schools shall locate in the districts where they are permitted uses only when adjacent to the following street classifications:
§ 575-77 Uses omitted and prohibited.
This chapter is intended to apply to all conceivable uses and structures. Under no circumstances, however, shall the following uses be permitted in any district in the Borough:
A.
Any dumping, depositing or filling with refuse, garbage or building debris not in accordance with state or Borough regulations or this chapter.
B.
The removal of topsoil and sod, except as part of the construction, grading or alteration of an approved building, street, construction site or other structure; the normal preparation and maintenance of lawns; mining and quarrying; or the removal of sod as part of a recognized farm or garden use.
C.
The raising and keeping of horses, cattle, sheep, hogs, or other typical farm animals, even as household pets, in a residential district, unless as part of a permitted farm use meeting the requirements of the district in which it is located. The keeping of backyard chickens, as well as beekeeping is permitted in accordance with Chapter 193, Animals, § 193-1, Keeping of farm animals, and Article II, Chickens.
[Amended 6-4-2018 by Ord. No. 060418-01]
§ 575-78 Minimum setback.
Where a lot abuts a street (including private streets) with right-of-way of less than 50 feet in width, the front yard setback shall be measured from a line parallel to and 25 feet from the center line of the street cartway.
§ 575-79 Fences.
Fences, hedges and freestanding walls are permitted in any yard setback area unless otherwise restricted or prohibited by other provisions of this or other ordinances.
A.
All fences in any front yard setback area or in any side yard setback area facing a street shall not exceed a height of four feet. Fences in other side yard setback areas and back yard setback areas shall not be taller than six feet two inches high, measured from grade. Measurements shall be made at each end of the fence and in the center of the fence, which measurements, when averaged, shall not exceed maximum allowable heights. Measurements shall be made perpendicularly to the ground, which shall not be mounded solely to increase the elevation of the fence. For the purposes of this chapter, the end of the fence shall mean that point of the fence that deviates at an angle from the section of fence being measured. Circular fences shall be measured at three equidistant points on the circumference.
B.
On corner lots in residential zones, hedges, fences or other obstructions to view are prohibited within a triangle extending 25 feet along the street lines from a vertex at the intersection of the street lines. Such hedges, fences and other obstructions to view may be permitted, provided that, between the heights of three feet and eight feet above the street level, there shall be a clear view across the triangle.
[Amended 6-15-2015 by Ord. No. 06152015-02]
C.
Spite fences are specifically prohibited.
§ 575-80 Projections.
Balconies, bay windows, chimneys and flues, cornices and eaves, fire escapes, gutters and downspouts, sills, and unenclosed porches may project into the specified yard setback areas of a lot but not more than three feet.
§ 575-81 Corner lots.
On a corner lot, the side yard abutting the street shall have a setback area equal to the depth of the front yard setback area required for the use, and shall be governed by all front yard setback requirements of this chapter. The owner shall choose what shall be rear and side yards.
§ 575-82 Through lots.
On a through lot, the rear yard setback width shall be either the rear or front yard setback width designated for the use, whichever is greater.
§ 575-83 Front building lines.
Maintaining established front building lines, with the exception of the R-2 Town Residential Zone–Infill Development Standard. In any residential zone where 40% or more of the property upon one side of a street between two street intersections has been improved with buildings at the time of the passage of this chapter, all buildings or structures hereafter erected, altered or enlarged on such frontage shall be so constructed that the front building shall not be nearer to the street right-of-way than the average distance of front building lines established on said 40% or more of existing lots. When the said side of the street has not been improved or built upon to the extent of 40% at the time of the passage of this chapter, no building or structure shall be built or placed in such zone having the front line nearer to the street right-of-way line than the minimum in such residential zone set by this chapter. Corner lots shall conform to front building lines of all adjoining streets.
§ 575-84 Exceptions to maximum height requirements.
No structure shall exceed the height limitations specified in this chapter, except as allowed below.
A.
Exceptions. The maximum height requirements shall not apply to belfries, bulkheads, cupolas or domes not used for human occupancy, nor to chimneys, skylights, church spires, flagpoles, masts, aerials and antennas, monuments, utility poles and ventilators, and ornamental or necessary mechanical appurtenances, provided they are erected only to such height as is necessary to accomplish the purpose they are to serve, provided they are not intended for human occupancy as dwellings, and provided that all such structures and appurtenances to structures shall be erected in conformity with the laws, ordinances and regulations relating to same.
§ 575-85 Mobile home placement.
Mobile homes and trailers are prohibited in all districts except within an approved mobile home park.
§ 575-86 Wind energy systems.
[Added 2-2-2009 by Ord. No. 02022009-01]
Without limiting the generality of the foregoing provisions, the following use is specifically prohibited in all zoning districts:
A.
The installation, erection or use of a wind energy system, wind turbines, and/or associated towers for wind energy conversion.
§ 575-86.1 Arenas, stadiums and commercial auditoriums.
[Added 4-16-2018 by Ord. No. 041618-01]
Arenas, stadiums and commercial auditoriums shall comply with the lot setback, yard setback, and maximum height requirements for the zoning district, except where otherwise permitted, as follows.
A.
Accessory structures to sports fields and athletic facilities. Accessory structures customary to sports fields and athletic facilities, such as, but not limited to, scoreboard structures, field house, restroom, concessions, and/or storage buildings used to support sports fields and athletic facilities for public or private schools shall be permitted in the front and rear yard setback areas, provided they are not placed closer than 20 feet from any lot line. Such structures shall be accessory to and solely used as support facilities for sports fields and athletic facilities and shall be located in close proximity and on the same property as the sports fields and athletic facilities to which they are accessory. Said accessory structures shall not exceed 25 feet in height.
B.
Maximum height for lighting fixtures. Maximum height for lighting fixtures customary to sports fields and athletic facilities shall not exceed 90 feet in height.