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Bloomsburg City Zoning Code

PART 5

SUPPLEMENTAL REGULATIONS

§ 27-501 Limit of One Principal Use.

[Ord. No. 1055, 6/3/2024]
In the R-C, R-S, and R-U, there shall only be one principal use per lot.

§ 27-501.1 Exemptions for Required Setbacks.

[Ord. No. 1055, 6/3/2024]
Where an apartment building is located on more than one lot, the yard setback requirements contained in this Chapter shall not apply to the interior-facing and abutting yards that the building encroaches.

§ 27-502 Use Specific Regulations.

[Ord. No. 1055, 6/3/2024]
1. 
Adult Day Care. Where permitted by right, adult day care centers may be established subject to the following requirements:
A. 
Passenger "drop-off and "pick-up" areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.
B. 
All day care facilities shall obtain and maintain proper licenses and credentials from the Commonwealth of Pennsylvania.
C. 
Common open space shall be provided. The minimum area for outdoor space shall equal 100 square feet for each individual at maximum enrollment.
D. 
Off-street parking areas will not constitute nor be used for outdoor activity area.
E. 
Common open space shall not be located in any front yard.
F. 
Common open space shall be enclosed by a fence that is four feet in height constructed in accordance with this Chapter and screened with the applicable buffer yard requirements of this Chapter.
G. 
All common open space shall be accommodated with shade trees or pavilions to provide shade.
2. 
Agriculture Operation. In districts where permitted, agricultural shall be subject to the following safeguards and regulations:
A. 
Enclosed structures in which livestock or poultry are kept, including the storage of manure, shall not be erected within 50 feet of any lot line.
B. 
Heated greenhouses, whether heated by coal or wood, shall not be operated within 100 feet of any residential district boundary and greenhouses heated by natural gas or oil shall not be operated within 50 feet of any residential district boundary.
C. 
The selling of products raised, bred or grown on the premises shall be permitted provided that all temporary stands or shelters shall be constructed in accordance with applicable building and fire codes.
3. 
Child Care Center. In districts where permitted, nonhome commercial child day care facilities may be established subject to the following requirements:
A. 
Passenger "drop-off and "pick-up" areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.
B. 
Outdoor and indoor play areas for children shall be provided. The minimum area for outdoor recreation space shall equal 65 square feet for each individual at maximum enrollment. The minimum indoor area is 65 square feet for each individual at maximum enrollment.
C. 
Off-street parking areas will not constitute nor be used for outdoor activity area.
D. 
Outdoor play areas shall be setback at least 10 feet from any street right-of-way.
E. 
Outdoor play areas shall be enclosed by a fence that is four feet in height constructed in accordance with this Chapter.
4. 
Distribution Center.
A. 
Required Buffer Yards.
(1) 
Along any boundary line of a residential lot or residential district, a minimum 150-foot buffer yard shall be provided within the subject parcel, measured from the district boundary line or adjacent lot line, which ever may apply.
(a) 
If a street constitutes the boundary line between districts or lots, the yard shall be measured from the street line.
(b) 
At least 50 feet of such buffer yard width shall be used only as a planting strip in accordance with § 27-504.
(c) 
The rest of the buffer yard width may be used for off-street parking or for any purpose other than a building or accessory structure.
(2) 
Where the footprint of a proposed principal building is greater than 250,000 square feet:
(a) 
A minimum 250-foot buffer yard shall be provided along the entire length of the street frontage of any property upon which a building is located.
(b) 
A minimum 250-foot buffer yard shall be provided along any property line which abuts or is within 500 feet of an existing residential property line or zoning district, school, child care center, hospital, place of worship/assembly, or public park.
(3) 
An earth berm shall be constructed within the required buffer yard along the street frontage and in accordance with § 27-504, Subsection 2.
B. 
Minimum Planting Requirements. Plantings shall be arranged to provide a complete visual screen of the principal building of at least 14 feet in height (measured in addition to the height of the required earth berm).
C. 
See § 27-510, Performance Standards.
D. 
The emissions of dust, dirt, fly ash, fumes, vapors, or gases which can cause any damage to human health, animals, vegetation, or property, or which can cause any soiling, or staining of persons or property at any point beyond the lot line of the use creating the emission is prohibited.
E. 
No loud speakers shall be permitted outside any enclosed structures.
F. 
No materials or other substances that can contaminate wells, watercourses, or potable water supplies shall be deposited on the site.
G. 
No warehouse or storage building, or part thereof, may be used for a dwelling purpose at any time.
5. 
Fire Stations, Fire Company Social Hall, or Fire Company. When listed in a district as a permitted use, fire stations, fire company social hall, or fire company shall also include associated supporting non-emergency response events and activity spaces. Said use(s) comply with the following:
A. 
A minimum buffer of 15 feet shall be required between a fire station and or fire company social hall and a residential use or district.
B. 
Height restrictions shall meet the current zoning district requirements.
C. 
A maximum of 75% of the area of the lot shall be covered by buildings, structures, and impervious surfaces.
D. 
Fire stations and fire companies hours of operation are permitted to be 24 hours/day and seven days/week.
E. 
Fire station, and fire company social hall may operate any additional uses permitted by the underlying district for the direct profit of the fire company.
F. 
Does not include other properties owned, operated, under the control of or leased by the fire company.
G. 
Fire company social hall may operate meetings for municipal and fire company use.
H. 
Fire company social halls may operate election polling places.
I. 
All events within residential zoning districts may only be conducted between the hours of 7:00 a.m. and 10:00 p.m. Monday through Friday, Saturday 7:00 a.m. and 11:00 p.m., and Sunday 10:00 a.m. through 8:00 p.m.
6. 
Forestry. In all zoning districts:
A. 
Forestry shall be permissible in accordance with the regulations of the Commonwealth of Pennsylvania.
B. 
A forest management plan shall be prepared by a professional forester and submitted to the Town.
7. 
Home-Based Business, No Impact. In zoning districts where permitted, no impact home-based businesses may be established as an accessory use in compliance with the following requirements:
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs, or lights.
E. 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. 
The business may not involve any illegal activity.
8. 
Mixed-Use Building. Where permitted by right, mixed-use buildings may be established subject to the following requirements:
A. 
A mixed-use building shall be considered one principal use, where residential and nonresidential uses permitted within the same zoning district as a mixed-use building shall be located within the same building.
B. 
Residential uses shall not exceed 75% of the total floor area of a mixed-use building.
C. 
Residential uses shall not be located on the ground floor.
9. 
Recreation, Private. Where permitted, private recreation areas shall comply with the following requirements:
A. 
A plan showing the location of all structures and improvements, tract location, metes and bounds, parking areas and sanitary facilities shall be submitted.
B. 
The applicant shall preserve or provide natural vegetation to the greatest extent feasible.
C. 
Swimming pools shall comply with the currently adopted International Building Code and any other applicable Town-adopted swimming pool regulations.
D. 
In no case shall the edge or wall of a swimming pool be located any closer than five feet from the side or rear property line. Swimming pools shall not be permitted in front yards.
10. 
Recycling Center. Where permitted, recycling centers for recycling paper, plastic, glass and metal products may be permitted subject to the following requirements:
A. 
All operations shall be conducted:
(1) 
Within a completely enclosed building or group of buildings; or
(2) 
Isolated from public view and screened.
11. 
Self-Service Storage Facilities. In districts where permitted, self-service storage facilities may be established, subject to the following regulations:
A. 
Parking on the property shall be located in driving/parking lanes located adjacent to the storage buildings. These multi-use lanes shall be at least 26 feet wide where storage cubicles open onto one side of the lane only, and at least 30 feet wide when cubicles open onto both sides of the lane.
B. 
Required parking spaces are intended for renter use and shall not be rented as or used for vehicle storage.
C. 
Additional external storage area may be provided for the storage of privately owned licensed and registered motor vehicles, travel trailers and/or boats. These storage areas shall not be located in the front yard and shall be screened along adjoining residentially zoned land and public streets.
D. 
External storage areas shall not be used for vehicles that are partially dismantled, wrecked, or inoperative.
E. 
All storage above shall be kept within an enclosed building.
F. 
Doors for any self-service storage facility shall be oriented to face away from any existing residential uses and residentially zoned property.
G. 
The following uses are prohibited at a self-service storage facility site:
(1) 
Auctions.
(2) 
Commercial wholesale sales.
(3) 
Commercial retail sales.
(4) 
Garage sales.
(5) 
Servicing and repair of motor vehicles, trailers, boats, lawn mowers, appliances or other similar equipment.
(6) 
Operation of power tools, spray painting equipment, table saws, lathes, compressors, kilns, compressors, and similar equipment.
H. 
All outdoor lighting shall be sufficient to discourage vandalism and theft. Direction, intensity and glare of lights shall comply with § 27-510, Performance Standards.
12. 
Personal Care Boarding Home. Where permitted by right, personal care boarding home may be established subject to the following requirements:
A. 
No modifications to the external appearance of existing residential buildings (except fire escapes) which would alter its residential character shall be permitted.
B. 
All floors above and/or below grade shall have a permanently affixed direct means of escape to ground level.
C. 
Fire and safety provisions shall be approved by the Pennsylvania Department of Labor and Industry.
D. 
Rooms for lodging shall have a minimum gross floor area of 150 square feet.
E. 
The personal care boarding home shall be occupied by the supervisory personnel at all times.
F. 
The minimum lot area per establishment shall be one acre if adequate sewage and space for available parking is available. The minimum lot area shall be increased as necessary to accommodate off-street parking.
G. 
To ensure proper access and adequate water and sewer facilities, the application to establish a personal care boarding home shall be processed as a land development plan.
H. 
The establishment must be served by an adequate sewage system and water supply and the applicant shall provide evidence that the specified system has adequate treatment capacity.
13. 
Schools, Primary and Secondary and Pre-Kindergarten. Where permitted by right, schools may be established subject to the following requirements:
A. 
No building or structure shall be located within 50 feet of a property line or street.
B. 
The development shall be connected to the municipal sewage system or shall provide a disposal facility approved by the Pennsylvania Department of Environmental Protection.
C. 
A safe potable water supply shall be provided. When public water service is not available, the source and system shall be approved by the Pennsylvania Department of Environmental Protection.
D. 
"Play areas" shall not be located in the front yard.
E. 
"Drop-off" and "pick-up" areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the school site.
F. 
A land development plan for the entire development shall be submitted for review by the Town Planning Commission. This plan shall show the location of all buildings and use areas, lawn areas, parking, and any screen planting. General plans for stormwater collection, water distribution and sewage treatment shall also be provided.
14. 
Wind Turbines.
A. 
The wind turbine shall be independent of any other structure and shall be located a minimum distance of 1 1/2 times the turbine height from any structure and property line, except for roof-mounted wind turbines.
B. 
No part of the wind turbine shall be located within or above any required front, side or rear setback.
C. 
The minimum height of the lowest position of the wind rotor shall be 15 feet above the ground. Maximum tower height shall not exceed maximum building height for the zoning district in which the wind turbine is placed.
D. 
Wind turbines shall not be climbable up to 12 feet above the ground surface.
E. 
Wind turbines shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
F. 
All electrical components of the wind turbine shall conform to the relevant and applicable local, state and national codes and relevant and applicable international standards.
G. 
Wind turbines shall be a nonobtrusive color, such as white, off-white or gray.
H. 
Wind turbines shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
I. 
Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, which sign shall have an area of less than 200 square inches.
J. 
On-site transmission and power lines shall, to the maximum extent practicable, be placed underground.
K. 
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
L. 
Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
M. 
The applicant shall avoid any disruption or loss of radio, telephone, television or similar signals and shall mitigate any harm caused by the wind turbine.
N. 
The applicant shall be responsible for obtaining all state and federal permits if required.
O. 
When a building is necessary for storage cells or related mechanical equipment, the building shall comply with applicable regulations as enforced by the Town and must not be located within any required front, side or rear setbacks.
P. 
The wind turbine shall comply with all other applicable regulations and requirements as set forth in this Chapter. However, land development approval shall not be required under the Town Subdivision and Land Development Ordinance [Chapter 22] for a single wind turbine. A zoning permit shall be required from Town prior to the erection of a wind turbine.
Q. 
The landowner shall, at his/her expense, complete decommissioning of the wind turbine within 12 months after the end of the useful life of the wind turbine. It shall be presumed that the wind turbine is at the end of its useful life if no electricity is generated for a continuous period of 12 months.
R. 
Decommissioning of the wind turbine shall include removal of the wind turbine and related appurtenances.
S. 
The wind turbine shall be subordinate to and located on the same lot occupied by the principal use to which it relates.
T. 
Audible sound from a wind energy facility shall not exceed 55 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for prevision described in American Wind Energy Association (AWEA) Standard 2.1-1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume 1. First Tier," or any successor provision or publication.
U. 
The system owner/operator shall make all reasonable efforts, including, but not limited to, structure positioning, height, rotor diameter, blade to minimize and/or eliminate shadow flicker to occupied buildings on immediately adjacent properties. The applicant is responsible for identifying problem areas where shadow flicker will interfere with existing or future residences and describe proposed mitigation measures, including, but not limited to, a change in siting of the wind energy conversion system, a change in the operation of the wind energy conversion system or grading or landscaping mitigation measures.
15. 
Student Housing. In the MX-1 District, student housing shall only be permitted above the ground floor of a mixed-use building.

§ 27-503 Accessory Uses and Structures.

[Ord. No. 1055, 6/3/2024]
1. 
Accessory uses on the same lot with and customarily incidental to any permitted uses within a base zoning district shall be permitted, unless otherwise specifically identified and regulated as an accessory use within this Chapter.
2. 
Accessory structures shall comply with the following requirements unless otherwise modified by the individual district section:
A. 
Accessory structures shall not be permitted in the front yard areas.
B. 
One accessory building shall be permitted for any principal residential dwelling. This does not apply to agricultural uses, which may have multiple accessory buildings.
C. 
For nonresidential uses, the building area of an accessory use shall be equal to or less than 50% of the building area of the principal building.
D. 
For residential uses, the total building area of an accessory building shall be equal to or less than the building area of the principal building.

§ 27-504 Buffer Yards and Screening.

[Ord. No. 1055, 6/3/2024]
1. 
Where buffer areas are required by terms of this Chapter, they shall be provided in accordance with the following standards:
A. 
Applicability. All nonresidential uses proposed on a lot located in one of the subject districts, as listed in the following 27-504.1, which contains a property line which abuts or generally aligns with an adjacent district boundary, as listed in 27-504.1, shall provide a buffer yard in accordance with the width prescribed in Table 27-504.1.
Table 27-504.1. Required Width of Buffer Yard
Subject District
(i.e., must provide buffer yard)
Adjacent District
Required Width of Buffer Yard
IP Industrial Park
Residential (R-C; R-S; R-U; C-R)
25 feet
C-W Commercial, Warehouse
Residential (R-C; R-S; R-U; C-R)
15 feet
MX-2 Mixed Use 2
Residential (R-C; R-S; R-U; C-R)
10 feet
MX-3 Mixed Use 3
Residential (R-C; R-S; R-U; C-R)
10 feet
B. 
Required buffer areas shall be reserved solely for open space and landscaping. No proposed building addition, structure, parking area, manufacturing or processing activity, storage of materials, or any other type of physical land improvement shall be located in a required buffer; provided, that driveways or roads may cross required buffers if necessary to provide access to the building site. Sidewalks, bikeways, and pedestrian paths may also be located within required buffers.
C. 
A buffer area may be located within a required front, rear, or side yard.
D. 
All buffer yards shall contain screening which shall be landscaped according to the requirements of § 27-505.
2. 
Earth Berms. If an earth berm is required by a provision of this Chapter, it shall meet the following requirements:
A. 
The berm shall have a minimum average height of five feet above the average finished ground level (disregarding drainage channels) on the school or residential side of the berm.
B. 
Evergreen screening required in a buffer yard shall be placed on the top of the berm.
C. 
The berm shall be continuous along such boundary, except:
(1) 
At approved driveway entrances and exits; and
(2) 
Along segments where it is impossible to provide such berm while still providing adequate sight distance for traffic; and
(3) 
Where otherwise specified in this Chapter.
D. 
Any berm shall be placed immediately adjacent to the lot line. Any fencing shall be placed parallel to the berm and on the side closest to the interior of the lot.
E. 
The berm shall have a maximum side slope of three horizontal to one vertical.
F. 
The entire berm shall be covered by a well-maintained and attractive all-season vegetative ground cover.
G. 
The berm may be located within a required buffer yard.

§ 27-505 Landscaping.

[Ord. No. 1055, 6/3/2024]
1. 
Landscaping Requirements.
A. 
General Requirements.
(1) 
Selected trees and shrubs shall not include invasive plants as determined by the Pennsylvania Department of Conservation and Natural Resources (DCNR).
(2) 
Plant materials with seasonal diversity should be selected and distributed throughout the site where possible.
(3) 
No tree, shrub, fence, wall or similar item shall be installed in the clear sight triangle of any corner, street intersection, or accessway intersecting a public right-of-way that would cause an obstruction to visibility.
(4) 
The planting screen shall be so placed that at maturity it will be at least eight feet from any cartway and will not grow over an exterior lot line.
B. 
Requirements for Landscaping within Parking Areas.
(1) 
All landscaping, trees, and planting materials adjacent to parking areas, loading areas, or driveways shall be properly protected by barriers, curbs, or other means from damage by vehicles. In addition, the tree or shrub shall be planted a minimum of three feet from any curb.
(2) 
Parking lots shall be landscaped to minimize the intrusive impact of the lot upon the property; the type of landscape materials shall be at the discretion of the owner, but shall, as a minimum, consist of grass or mulch and trees and shrubs at the sides and front of the lot. Where the parking lot or area abuts an adjoining property, a four-foot deep landscaped buffer shall be created.
C. 
Requirements for Landscaping Screening Within Buffer Yards.
(1) 
Screening shall include at least one row of plantings consisting of evergreen trees, spaced at intervals no greater than 10 feet apart, measured from the vertical centerline of the trees.
(2) 
Required plant materials shall have a minimum height when planted of six feet when planted.
(3) 
All trees used for screening purposes shall reach a minimum height of 10 feet at maturity.
D. 
Landscaping Plan Requirements. A landscaping plan shall be submitted along with the site or land development plan, subject to the following requirements:
(1) 
The location of all buffer yards and planting areas shall be graphically depicted.
(2) 
The plan must graphically depict the distribution, species mature height, and species spread of all required plant materials.
(3) 
The plan must show a table which identifies the required and proposed number of each plant species being provided for each type of buffer, screen, or other use. The table shall also identify the scientific and common name of each plant, the mature height and spread, and the symbol used for the plant.
E. 
Maintenance Requirements.
(1) 
The owner or his agent shall be responsible for the maintenance, repair, and replacement of all landscaping materials and screening fences or walls to maintain conformance with landscaping requirements.
(2) 
Any plant material that is 50% dead or more shall be considered dead and must be replaced.
(3) 
Replacements shall be of the same size and type of plant as shown on the landscaping plan. Dead plant material shall be replaced within six months.
(4) 
All landscaped areas shall be kept free of litter and trash.

§ 27-506 Lots with Multiple Buildings.

[Ord. No. 1055, 6/3/2024]
The site layout of buildings shall be designed in a manner that ensures the safe, unobstructed, and convenient access for public safety and emergency vehicles, including, but not limited to, firefighting equipment, to adequately service all portions of a building(s) on a lot, or as otherwise regulated by the International Fire Code and/or other ordinances and codes adopted by the Town of Bloomsburg. Site layout may be reviewed by the Town Engineer to determine compliance with this provision.

§ 27-507 Fences.

[Ord. No. 1055, 6/3/2024]
1. 
Fences in Residential Districts. Fences may be constructed in required yards in accordance with the following requirements:
A. 
Fences shall be constructed at current grade level and without altering or impeding the existing or approved flow of stormwater.
B. 
The applicant shall provide evidence that the vision of motor vehicle operators is not impeded at intersecting streets, alleys, private drives and/or access drives.
C. 
Front Yard Fences. Property line fences may be installed along the front lot line and along the side lot lines between the front lot line and the front building setback line to a height not exceeding four feet.
D. 
Rear and Side Yard Fences. Property line fences may be installed along the rear lot line and along the side lot lines between the rear lot line and the front building setback line to a height not exceeding six feet.
E. 
Corner Lots. For corner lots, which have two front yards abutting the street and two side yards, fences installed along the lot line parallel to the architectural front facade of the principal building shall be considered front yard fences. Where the architectural front facade is not clearly defined, fences installed along the lot line having the most frontage on a street shall be considered front yard fences.
2. 
Fences in Commercial and Industrial Districts. Fences may be constructed in required yards at current grade level and without altering or impeding the existing or approved flow of stormwater, following the limitations below; and provided that the vision of motor vehicle operators is not impeded at intersecting streets, alleys, private drives and/or access drive streets.
A. 
Front Yard Fences.
(1) 
In the MX-1 District. Property line fences may be installed along the front lot line and along the side lot lines between the front lot line and the front building setback line to a height not exceeding four feet.
(2) 
In the MX-2, MX-3, and BC Districts. Property line fences may be installed along the front lot line and along the side lot lines between the front lot line and the front building setback line to a height not exceeding six feet.
(3) 
Industrial Districts. Property line fences may be installed along the front lot line and along the side lot lines between the front lot line and the front building setback line to a height not exceeding six feet.
B. 
Side and Rear Yard Fences. Fences of wood, metal, or masonry, or other material may be erected to a height not exceeding six feet, except that where such lot abuts upon property in a Residential District, the fences may not exceed six feet in height along lot lines where so abutting.
C. 
Corner Lots. The height of a fence along any side lot line may not exceed four feet for that portion of the fence that is within 30 feet of the front lot line.
3. 
Finished Side of Fence. Where a fence has a finished and unfinished side, the finished side of a fence must face out from the property.
4. 
Prohibited Materials. It shall be unlawful to erect or maintain any electric fence or to attach to any fence any glass, nails, metal objects or other materials in such a manner that is likely to injure any person who comes in contact with such object. Fences containing barbed wire or razor wire shall comply with the following provisions:
A. 
No more than three strands of barbed wire or one coil of razor wire not less than six feet two inches above the ground are permitted at the top of a lawful fence enclosing a nonresidential use.
B. 
Barbed wire or razor wire shall not extend beyond the premises being enclosed.
C. 
Barbed wire fencing is not prohibited on premises larger than one acre used for agricultural, livestock or commercial and industrial purposes.

§ 27-508 Outdoor Storage.

[Ord. No. 1055, 6/3/2024]
1. 
Outdoor Storage of Materials or Equipment.
A. 
There shall be no open storage of materials or equipment in a required front or side yard.
B. 
The outdoor storage of any materials or equipment shall be completely screened from view from any public right-of-way and/or residential district or permitted residential use by screening at least six feet in height.
C. 
In all districts, no use of land shall cause or allow stored materials or waste to be deposited on the lot in any manner as to be transferred off the lot by natural causes or forces; to contaminate in any way any wells, watercourses, ground water or any other body of water; to cause a discernible fire hazard; or to attract rodents or insects.
D. 
Firewood. The outdoor storage of stacked firewood as an accessory residential use is permitted in any district subject to following requirements:
(1) 
For safety reasons, stacked firewood for residential uses shall not be stacked in excess of five feet in height unless the stacking of firewood is in a container or apparatus approved by the Zoning Officer.
(2) 
Firewood shall be stored no closer than four feet from any property line.
(3) 
In any residential district, firewood shall not be stored in the front yard.
(4) 
Stacked wood shall not be stored in the street right-of-way or in any location that will diminish vehicle sight distances.
E. 
Junk. The storage of junk, as defined in this Chapter, is prohibited in association with all land uses, except for within a permitted junkyard as defined and regulated by this Chapter.
2. 
Outdoor Storage of Recreational Vehicles. Within any residential zone, or upon any property where the principal use is a residential dwelling, outdoor storage of recreational vehicles, boats, travel trailers and utility trailers used for transport shall be permitted, subject to the following regulations:
A. 
Stored recreational vehicles shall not be used as a permanent dwelling.
B. 
Recreational vehicles stored on private property may be connected to utilities for battery maintenance, travel preparation or limited use not to exceed two weeks per calendar year.
C. 
All areas used for storing recreational vehicles shall be maintained free of debris, litter and vegetation shall be trimmed.
D. 
Recreational vehicles on public property shall not be connected to utilities.
E. 
No recreational vehicle shall be stored in front of the building setback line. On vacant lots, the vehicle must be stored behind the required front yard setback line for principal uses of the district.
F. 
All areas used for storing recreational vehicles shall be maintained free of debris, litter and vegetation shall be trimmed. It shall be unlawful to store any recreational vehicle, watercraft, utility trailer, or any non-vehicle mounted camper shell or truck camper or any commercial vehicle on private property, unless such storage is on an improved parking surface or legal driveway comprised of concrete, asphalt, "chip seal" crushed stone, rock or other aggregate that is a minimum of three inches thick. All crushed rock or aggregate must be contained by a permanent border. Such storage does not extend into the legal right-of-way or obstruct sight distance so as to pose a hazard at driveways and intersections, and such storage remains a minimum of three feet from the edge of the roadway. Such storage is permitted inside and rear yards so long as the storage is upon an improved parking surface, trailer or legal driveway and is set back a minimum of three feet from the property line. All watercrafts must be stored upon a trailer capable of safely holding and transporting the weight of said watercraft in accordance with Pennsylvania Department of Transportation standards.
G. 
In any residential zoning district, it shall be unlawful for any person to park or store, on any private or public property, any commercial vehicle having a gross vehicle weight rating (GVWR) exceeding 17,000 pounds for more than 12 consecutive hours, except when such parking is necessarily required while actually carrying out a lawful commercial purpose or local delivery.

§ 27-509 Yard Encroachments.

[Ord. No. 1055, 6/3/2024]
1. 
The following encroachments are permitted in required yard areas, provided that they do not cause the maximum lot coverage to be exceeded beyond what is permitted for a lot in the underlying zoning district, unless otherwise regulated by this Chapter.
A. 
Cornices, eaves, gutters, bay windows, awnings and chimneys of a principal building may encroach into the front, side, or rear yards of a lot, not more than 24 inches.
B. 
The following elements attached to a principal building may encroach into the front, side, or rear yards of a lot, not more than five feet or more than 65% of a required setback whichever is less, provided that they do not include habitable space: porches, decks, patios, carports, garages, three-season rooms, stoops/stairs, projections covering an entrance, and other similar elements customarily attached to a principal building.
C. 
Accessory structures detached from a principal building may encroach into side yards but shall not be closer than three feet to the side property line.
D. 
Accessory structures detached from a principal building may encroach into rear yards but shall not be closer than five feet to the rear property line.
E. 
Driveways, walkways, hardscaping, and other ground-level impervious surfaces may encroach into front, side, or rear yards of a lot.
F. 
Projections covering the outdoor entrance, waiting, or seating areas of any nonresidential use, mixed-use building, or apartment building may be permitted according to the following standards:
(1) 
The encroachment into the front, side or rear yards shall not exceed 10 feet.
(2) 
The encroachment into the front, side or rear yards shall not extend over a street right-of-way.
(3) 
The encroachment area shall not be enclosed.

§ 27-510 Performance Standards.

[Ord. No. 1055, 6/3/2024]
1. 
This section shall apply to the issuance of all zoning permits and land development approvals.
2. 
Enforcement. All currently existing and active nuisances, including those subsequent to the completion of work under an approved zoning permit or land development, which are detailed in this Part are enforced as provided elsewhere in the Town Code.
3. 
Testing and Certification. The Zoning Officer may require testing and certification by a qualified and licensed design and/or engineering professional.
4. 
Noise Regulations. In all zoning districts, all noise regulations shall comply with the Town's Noise Ordinance.[1]
A. 
Exemptions from Noise Regulations. The following activities or sources of noise are exempt from the noise standards of this section:
(1) 
Temporary activities relating to the construction and maintenance of buildings and facilities (including site preparation between 7:00 a.m. and 8:00 p.m. Monday through Saturday.
(2) 
Church bells or chimes.
(3) 
The emission of sound for the purpose of alerting persons of an emergency, or the emission of sounds in the performance of emergency work.
(4) 
Occasionally used safety signals, warning devices and emergency pressure-relief valves.
B. 
Generators. See Town of Bloomsburg Noise Ordinance.
[1]
Editor's Note: See Chapter 10, Part 2, Excessive Noise.
5. 
Light. To eliminate the negative effects of excessive and intrusive light onto an adjoining lot containing a residential use, not otherwise separated by a public right-of-way, the following standards are required:
A. 
Photometric Plan. All zoning permit and land development applications which include a lighting component shall include a photometric plan indicating the maximum footcandles at the property line.
B. 
Measurement. Lighting levels shall be measured in footcandles at the lot line and measured on a vertical plane from ground level to six feet above the ground.
C. 
Maximum Illumination. Any lighting that produces glare shall not cause illumination in excess of 0.5 footcandle measured at the property line.
D. 
Exterior lighting, except for overhead public streetlights, warning lights, emergency lights or traffic signals, shall be installed and be placed in such a manner to sufficiently obscure and prevent glare from extending onto neighboring residential areas.
E. 
Misleading or Confusing Lighting. The installation of any lighting which may be confused with warning signals, emergency signals, traffic signals or emergency vehicles is prohibited.
F. 
Light emitted on a lot may radiate into a public right-of-way, however, such light shall not increase the measurement of ambient light existing within the public right-of-way.
6. 
Heat. Any operation producing intense heat shall be conducted within an enclosed building or with other effective screening in such a manner as to make such heat completely imperceptible from any point along the property line.
7. 
Vibration. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the lot on which the use is located. Vibration from temporary construction is excluded.
8. 
Electromagnetic Interference. In all districts, no use, activity, or process shall be conducted which produces electric and/or magnetic fields which adversely interfere with normal radio, telephone, or television reception off the premises where the activity is conducted.

§ 27-511 Off-Street Parking and Loading.

[Ord. No. 1055, 6/3/2024]
1. 
General Parking.
A. 
Off-street parking facilities shall be provided to lessen congestion in the streets. The facilities required herein shall be available and accessible to patrons throughout the hours of operation of the particular business or use for which such facilities are provided. As used here, the term "parking space" includes either covered garage space or uncovered parking lot space located off the street right-of-way.
B. 
A garage or carport may be located wholly or partly inside the walls of the principal building, attached to the outer walls or unattached to the principal building. The garage may be constructed under a yard or court provided that the level of such yard or court shall conform to the general level of the other yards or courts on the same lot. The space above an underground garage shall be deemed to be part of the open space of the lot on which it is located.
C. 
Accessory off-street parking areas may be allowed in any zoning district, unless otherwise stated, subject to zoning approval of the principal use and/or structure and subject to compliance with all other applicable provisions of this Chapter as related to off-street parking.
D. 
Buildings, structures and uses in existence at the date of adoption of this Chapter shall not be subject to the off-street parking or off-street loading requirements, so long as a structure or use is not changed, altered or expanded.
E. 
Existing off-street parking or off-street loading facilities provided prior to the adoption of this Chapter shall not be reduced below the minimum requirements applicable to the particular use and/or structure.
F. 
Any existing use, prior to its expansion, which does not conform to the required number of off-street spaces that would otherwise be required shall not be required to provide said spaces as a condition for zoning approval.
G. 
Whenever an existing use of a building, structure or land is changed to a different use, off-street parking and/or loading facilities shall be provided in accordance with the applicable provisions of this Chapter based upon the proposed new use.
2. 
Off-Street Parking Requirements.
A. 
MX-1 Mixed Use District. In the MX-1 Mixed Use District no off-street parking shall be required.
B. 
All Zoning Districts Other Than MX-1. Off street parking shall be provided for all uses as set forth below:
(1) 
Student Housing.
(a) 
One parking space shall be required for each student. Said parking space shall be at least nine feet in width and at least 18 feet in length, exclusive of access drives or aisles.
(b) 
All off-street parking areas for four or more automobiles shall be developed in accordance with the following standards:
1) 
Each required off-street parking space shall be at least nine feet in width and at least 18 feet in length, exclusive of access drives or aisles.
2) 
Each off-street parking space shall open directly upon an aisle or driveway at least 12 feet wide to provide a safe and efficient means of vehicular access to such parking space. (See Chapter 22, Subdivision and Land Development, for parking design.) Such aisle or driveway shall be unobstructed and allow for the passage of emergency vehicles at all times.
3) 
All required parking spaces and aisles shall be provided wholly within the property lines and shall not extend into any public right-of-way.
4) 
Parking spaces and aisles/driveways shall be a minimum of six feet from side or rear property lines.
5) 
Parking spaces and aisles/driveways shall be a minimum of 10 feet from the principal structure.
(2) 
(Reserved)
(3) 
All other residential uses, in accordance with the residential land uses identified in § 27-303.
(a) 
A minimum of one parking space for each dwelling unit shall be provided, which shall be located on the same lot as the principal use, unless otherwise identified in accordance with § 27-511, Subsection 3.
(b) 
Where a dwelling unit is occupied by three or more unrelated individuals, one parking space for every two occupants. Where such a calculation produces a decimal, the required parking space shall be rounded to the next whole number.
(c) 
The dimensions of each parking space shall be at least nine feet by 18 feet.
(d) 
Except as provided in this subsection, parking lots shall be designed in accordance with the applicable provisions of this Chapter and the Town of Bloomsburg Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Chapter 22, Subdivision and Land Development.
(e) 
No part of the public right-of-way of any street or road shall be used as the required area for parking, unless otherwise identified in accordance with this Chapter.
(4) 
All other uses:
(a) 
Off-street parking spaces shall be located on the same lot as the principal building or use, unless otherwise identified in accordance with this Chapter.
(b) 
Each off-street parking space shall have dimensions of not less than nine feet in width and 18 feet in length, exclusive of access drives or aisles. The dimensions of a compact parking space shall not be less than 7.75 feet wide and 16 feet in length.
(c) 
Parking areas shall be designed in accordance with the applicable provisions of this Chapter and the Town of Bloomsburg Subdivision and Land Development Ordinance.
(d) 
No part of the public right-of-way of any street or road shall be used as the required area for parking, unless otherwise identified in accordance with this Chapter.
(e) 
In providing required off-street parking, not more than 10% of the required spaces may be designed as compact car parking spaces.
(f) 
In any instance where a structure, building or use of land contains more than one defined use, the total amount of required off-street parking spaces shall equal or exceed the number of spaces required for each specific use.
(5) 
Open space topographical features, such as slope or grade, shall not be reason to limit the number of additional parking spaces if reasonable engineering design criteria can render such open space usable.
(6) 
The Zoning Officer shall refer the diagram to the Town Engineer for his/her certification that either no additional parking spaces can be accommodated or that the proposed additional parking spaces can be accommodated.
3. 
Shared Off-Street Parking.
A. 
The purpose of shared off-street parking shall be to:
(1) 
Optimize available parking resources within the Town;
(2) 
Minimize construction and maintenance costs associated with parking spaces;
(3) 
Enhance the existing character of the community by providing greater pedestrian access to and from shared off-street parking spaces;
(4) 
Maximize the land available for the development of public open space, residential, and mixed-use development.
B. 
The shared use of parking for two or more principal uses shall be subject to the following criteria:
(1) 
Shared Off-Street Parking Agreement.
(a) 
As part of a zoning application, the applicant shall present a notarized Shared Off-Street Parking Agreement, which identifies the following:
1) 
The names and contact information for each landowner involved in the Shared Off-Street Parking Agreement;
2) 
The parcel numbers for each subject lot identified; and
3) 
Existing land uses for each subject lot.
(2) 
Shared Off-Street Parking Model.
(a) 
To identify where off-street parking spaces can be used for multiple land uses, the applicant shall prepare a model demonstrating the typical hourly demands for all land uses identified in the Shared Off-Street Parking Agreement. The typical hourly demands shall be based on cited metrics published by the Urban Land Institute and are subject to any adopted/published changes to best practices.
(b) 
The model shall identify the number of available off-street spaces for each subject lot at peak hour, further demonstrating where vacant spaces can be used for other land uses.
(c) 
Approval shall be based on the accuracy of all calculations presented in the Shared Off-Street Parking Model and in accordance with the provisions stated herein.
4. 
Loading and Unloading Spaces.
A. 
In addition to the off-street parking spaces required above, all commercial and industrial establishments, hospitals or nursing homes and other similar uses shall provide adequate off-street areas for loading and unloading of supplies to and from vehicles. In no case where a building is erected, converted or enlarged more than 25% shall a public right-of-way be used for loading and unloading space. Each off-street loading space shall not be less than 50 feet in depth, 12 feet in width and shall provide an overhead clearance of not less than 14 feet.
B. 
Any property and/or use located within the MX-1 District that would otherwise be required to provide off-street areas for loading and unloading is hereby exempt.
5. 
Design of Facilities. Unless otherwise outlined within this subsection, the design, surfacing, access and lighting of all off-street parking, loading and unloading facilities shall be in conformance with the related provisions of the Town of Bloomsburg Subdivision and Land Development Ordinance [Chapter 22].
A. 
Parking Buffers and Other Requirements. The following requirements shall apply to all permissible residential land uses in all of the defined districts outlined in this Chapter.
(1) 
Off-street parking provided in accordance with requirements set forth in this Chapter shall be designed so that entry is gained either from the street or an alley. Unless otherwise identified in a lesser required setback dimension in § 27-509, Subsection 1D, a six-foot-deep buffer, with a barrier, shall separate the defined off-street parking area from an adjoining property, excepting entrances and exits from parking areas and pedestrian walkways.
(2) 
Corner Parking Lots. When an off-street parking lot is located at an intersection of two streets, two alleys, or a street and an alley, a buffer shall be created either at the side or front of the lot. The buffer shall be a minimum of four feet in depth and shall be planted with grass and/or appropriate shrubs. A barrier shall be installed to prevent vehicle access to the buffer area.
(3) 
The area devoted to parking may not exceed 50% of the total lot/yard space of the property exclusive of the standing structure. The buffer area shall be considered as part of the yard.
(4) 
Parking shall not be permitted in the front yard of an existing residence except where an improved driveway or other improved parking surface already exists.
(5) 
Landscaping. Parking lots shall be landscaped to minimize the intrusive impact of the lot upon the property; the type of landscape materials shall be at the discretion of the owner, but shall, as a minimum, consist of grass or mulch and trees and shrubs at the sides and front of the lot. Where the parking lot or area abuts an adjoining property, a four-foot-deep landscaped buffer shall be created.
B. 
Paving Material. All off-street parking spaces, including access drives and aisles, shall be paved in accordance with land development criteria as applicable. Proper drainage shall be incorporated into the site in order to fulfill Town stormwater management standards, as applicable.
6. 
Large-Lot Parking Facilities.
A. 
Applicability of Requirements. The following requirements shall apply in all districts.
B. 
Design and Layout. Large lots of 10 or more parking spaces shall utilize a minimum of 10% of the total area for pedestrian walkways. These elements shall be used to create buffers, setbacks and other separations will mitigate the paved area. Natural features, such as trees and shrubbery, shall be a component of this design plan. The plan shall be submitted to the Zoning Officer prior to the start of construction.
C. 
Lighting. A plan for lighting of large parking lots shall be submitted with the layout and design plan. It shall include provision for general overhead lighting of the total area as well as appropriate small-scale lighting devices to highlight walkways and other design elements.
D. 
Materials. All off-street parking spaces, access drives, aisles, and loading and unloading areas shall be paved with bituminous materials.

§ 27-512 Clear Sight Triangle.

[Ord. No. 1055, 6/3/2024]
1. 
Sight Clearance at Intersections. At the intersection of two streets, a clear sight triangle shall be provided. Within this triangle, no visual obstructions shall be allowed between the height of three feet and 10 feet above the ground level, except for utility posts, mailboxes, single signposts, and the trunks of canopy trees. The triangle shall be measured along the center line of the right-of-way line of the streets. The legs of the triangle shall be measured in accordance with criteria of the American Association of State Highway and Transportation Officials' "A Policy on Geometric Design of Highway and Streets," as amended.

§ 27-513 Photovoltaic Solar Systems, Accessory.

[Ord. No. 1055, 6/3/2024]
1. 
Purpose. It is the purpose of this regulation to promote the safe, effective and efficient use of installed solar energy systems that reduce on-site consumption of utility-supplied energy while protecting the health, safety and welfare of adjacent and surrounding land uses and properties. This section seeks to:
A. 
Provide property owners and business owners/operators with flexibility in satisfying their on-site energy needs.
B. 
Reduce overall energy demands within the Town of Bloomsburg and to promote energy efficiency.
C. 
Integrate alternative energy systems seamlessly into the Town of Bloomsburg's neighborhoods and landscapes without diminishing quality of life in the neighborhoods.
2. 
Applicability.
A. 
This section applies to building-mounted and ground-mounted systems installed and constructed after the effective date of this Chapter.
B. 
Solar photovoltaic systems constructed prior to the effective date of this Chapter are not required to meet the requirements of this section.
3. 
Permitted Zoning Districts.
A. 
Building-mounted and ground-mounted systems are permitted in all zoning districts as an accessory use to any lawfully permitted principal use on the same lot upon issuance of the proper permit pursuant to § 27-1006 and upon compliance with all requirements of this section and as elsewhere specified in this Chapter.
B. 
Building-integrated systems, as defined by this Chapter, are not considered an accessory use and are not subject to the requirements of this section.
4. 
Location within a Lot.
A. 
Building-mounted systems are permitted to face any rear, side and front yard or any unregulated yard area as defined in this Chapter. Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures.
B. 
Ground-mounted systems are permitted based on the requirements for accessory uses or structures in the property's zoning district.
PERMITTED LOCATION: BUILDING-MOUNTED SOLAR PV SYSTEM ISOMETRIC
027 Building mounted system.tif
5. 
Design and Installation Requirements. The solar photovoltaic system shall be constructed to comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended and adopted by the Town of Bloomsburg, and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the UCC.
6. 
Setback Requirements.
A. 
Ground-mounted systems accessory to a principal residential use are subject to the accessory use or structure setback requirements in the zoning district in which the system is to be constructed.
(1) 
Exception: Ground-mounted systems shall not be permitted between the architectural front of the principal structure and the right-of-way.
B. 
Ground-mounted systems as a principal use are subject to the principal use or structure setback requirements in the zoning district in which the system is to be constructed.
C. 
The required setbacks are measured from the lot line to the nearest part of the system. No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other adjustment of solar photovoltaic related equipment or parts.
7. 
Height Restrictions.
A. 
Notwithstanding the height limitations of the zoning district:
(1) 
For a building-mounted system installed on a sloped roof that faces the front yard of a lot, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 36 inches between the roof and highest edge or surface of the system.
(2) 
For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.
B. 
Notwithstanding the height limitations of the zoning district:
(1) 
For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached.
(2) 
Ground-mounted systems may not exceed 15 feet in height.
HEIGHT RESTRICTION, SLOPED ROOF FACING FRONT YARD: BUILDING-MOUNTED SOLAR PV SYSTEM ELEVATION
027 Sloped Roof Facing Front.tif
HEIGHT RESTRICTION, SLOPED ROOF FACING REAR OR SIDE YARD: BUILDING-MOUNTED SOLAR PV SYSTEM ELEVATION
027 Sloped Roof Facing Rear or Side.tif
HEIGHT RESTRICTION, FLAT ROOF: BUILDING-MOUNTED SOLAR PV SYSTEM ISOMETRIC
027 Flat Roof.tif
HEIGHT RESTRICTION: GROUND-MOUNTED SOLAR PV SYSTEM ELEVATION
027 Ground Mounted.tif
8. 
Screening and Visibility.
A. 
Ground-mounted systems shall be screened from adjoining residential uses or zones according to the standards found in § 27-504 of this Chapter.
(1) 
Exception: Screening from residential uses shall not be required in the R-C Residential Conservation, MX-2 Mixed Use 2, MX-3 Mixed Use 3, IN Institutional Districts.
B. 
Building-mounted systems on a sloped roof shall not be required to be screened.
9. 
Other Requirements.
A. 
The individual photovoltaic panels within an "array" are arranged in a fashion that:
(1) 
Allows the passage of runoff between each module, thereby minimizing the creation of concentrated runoff.
(2) 
Allows for the growth of vegetation beneath the panel and between "arrays."
B. 
Ground-mounted solar panels that are supported with structures/foundations require little earth disturbance for their installation/construction. Unless evidence is provided to the contrary, it will be assumed that for these ground-mounted solar panels themselves (not including access drive, etc.) will disturb 5% of the total project area.
(1) 
The lowest vertical clearance of the solar "array" should be 10 feet or less from the surface of the ground but must be of adequate height to promote vegetative growth below the "array." Limiting the height of the solar "array" will minimize the potential for accelerate erosion to occur along the drip line of the solar "array."
C. 
Alternate designs may be proposed for review and consideration to the Zoning Officer in consultation with the Town Engineer. If found by the Zoning Officer and Town Engineer to be a demonstrably acceptable alternative, then the proposal shall be forwarded to the Town Council.
(1) 
The Town Council may, at their sole discretion, approve the alternative design.
10. 
Nonconformance.
A. 
Building-Mounted Systems.
(1) 
If a building-mounted system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system shall be permitted so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and provided it complies with the other provisions of this Chapter.
NONCONFORMING BUILDING, SLOPED ROOF FACING FRONT YARD: BUILDING-MOUNTED SOLAR PV SYSTEM ELEVATION
027 Nonconforming Building.tif
(2) 
If a building-mounted system is to be installed on a building or structure on a nonconforming lot that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system shall be permitted so long as there is no expansion of any setback or lot coverage nonconformity and so long as it complies with the other provisions of this Chapter.
NONCONFORMING LOT, SETBACKS, AND/OR LOT COVERAGE LIMITS: BUILDING-MOUNTED SOLAR PV SYSTEM ISOMETRIC
027 Nonconforming Lot.tif
B. 
Ground-Mounted Systems.
(1) 
If a ground-mounted system is to be installed on a lot containing a structure that is nonconforming because the required minimum setbacks are exceeded, the proposed system shall be permitted so long as the system does not encroach into the established setback for the lot. If a ground-mounted system is to be installed on a lot that is nonconforming because it violates zoning district requirements other than setbacks, then a variance must be obtained for the proposed installation.
NONCONFORMING LOT, SETBACKS: GROUND-MOUNTED SOLAR PV SYSTEM ISOMETRIC
027 Nonconforming Lot - Setbacks.tif
11. 
Signage. No signage or graphic content may be displayed on the solar photovoltaic system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.
12. 
Performance Requirements. All solar photovoltaic systems are subject to compliance with applicable performance standards detailed elsewhere in the Zoning Ordinance.
13. 
Inspection, Safety and Removal.
A. 
The Town reserves the right to inspect a solar photovoltaic system for Building or Fire Code compliance and safety.
B. 
If upon inspection the Town determines that a Fire Code or Building Code violation exists, or that the system otherwise poses a safety hazard to persons or property, the Town may order the property owner to repair or remove the system within a reasonable time. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the property owner of his or her right to appeal such determination.
C. 
If a property owner fails to repair or remove a solar photovoltaic system as ordered, and any appeal rights have been exhausted, the Town may enter the property, remove the system and charge the property owner for all costs and expenses of removal, including reasonable attorneys' fees or pursue other legal action to have the system removed at the property owner's expense.
D. 
In addition to any other available remedies, any unpaid costs resulting from the Town's removal of a vacated abandoned or decommissioned solar photovoltaic system shall constitute a lien upon the property against which the costs were charged. Legal counsel of the Town shall institute appropriate action for the recovery of such cost, plus attorneys' fees, including, but not limited to, filing of municipal claims pursuant to 53 P.S. § 7107, et seq., for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorneys' fees and costs incurred by the Town in connection with the removal work and the filing of the Town's claim.
14. 
Permit Requirements.
A. 
Before any construction or installation on any solar photovoltaic system shall commence, a permit issued by The Town of Bloomsburg shall be obtained to document compliance with this Chapter.

§ 27-521 Traditional Neighborhood Development.

[Ord. No. 1055, 6/3/2024]
1. 
Purpose and Objectives. To further encourage land use practices and design guidelines that create a diverse, pedestrian-friendly mixed-use corridor along Main Street. Such efforts are led by the following objectives:
A. 
To facilitate infill development that upholds the historic architectural form and scale of the Town's Main Street;
B. 
To retain the pedestrian-oriented street-wall; and
C. 
To prioritize the safety of pedestrian activities along Main Street.
2. 
Applicability. The provisions of this section shall apply to all lots within the MX-1 District that front onto Main Street.
3. 
Authorization. The provisions included within this section are based on the authorizations and objectives of Traditional Neighborhood Development ("TND") as established by Article VII-A of the Pennsylvania Municipalities Planning Code ("MPC"), as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10701-A, et seq.
4. 
Design Requirements.
A. 
General Standards.
(1) 
Access Drives. No access drives shall be permitted to enter or exit onto Main Street.
(2) 
Parking Areas. All parking areas shall be located behind the principal structure on the lot.
B. 
Building Elements.
(1) 
Street Wall Requirements.
(a) 
The front facade of the principal building or a ground buffer in accordance with Subsection 4B(1)(b) shall be constructed to abut the front lot line, where at least two-thirds of the width measured along the front lot line shall be utilized as the ground-floor building facade or a permanent ground buffer in accordance with the provisions herein, where no more than 1/3 of the front lot line is utilized as the entryway into the building or lot.
(b) 
Ground Buffer Structures.
1) 
Permitted Height. Ground buffer structures shall not exceed four feet in height.
2) 
Permitted Materials. Ground buffer structures shall be constructed out of brick, masonry, or wood materials.
(2) 
Front Facade Requirements.
(a) 
Windows shall be provided on all stories of the building facade.
(b) 
At least 75% of the building facade located on the ground level shall be transparent, which shall have the highest degree of transparency of all the other floors of the building facade.

§ 27-522 R-U District Height.

[Ord. No. 1055, 6/3/2024]
1. 
To accommodate ongoing infill and density patterns associated with residential neighborhoods in the Town of Bloomsburg, any zoning application associated with a lot in the R-U District where a structure is proposed to be greater than 35 feet in height shall submit the following for Planning Commission review and recommendation to Town Council:
A. 
Section diagrams illustrating the proposed structure in context of the existing heights of structures on each adjoining lot.
B. 
Elevation views illustrating the proposed structure in context of the existing heights of structures on each adjoining lot.
C. 
Sunshadow study diagrams for each of the four seasons of a given year where the series of four diagrams illustrate the typical highest angle and lowest angle of the Sun. Each diagram shall illustrate a comparison of the sunshadow cast on the ground plane (including all adjacent lots) for a proposed structure if it were 35 feet in height compared with that height which is proposed for the lot.
D. 
A percentage comparison of the sunshadow lengths shall be summarized in tabular format as part of each sunshadow study diagram.
E. 
Any comparative sunshadow length greater than 15% between those which are cast for a 35 feet high structure and the height which is proposed shall incorporate facade setback adjustments for the portion(s) of facade(s) so that no comparative sunshadow length exceeds 15%.
2. 
Following any comments from the Town Engineer, the Planning Commission shall, as part of its review and recommendation to Town Council, identify the comparative sunshadow lengths conform to Subsection 1.E, above, and that no further adjustment(s) to achieve said maximum is/are needed.