Bonneauville City Zoning Code
ARTICLE III
Districts
§ 255-27 Designation of districts and purposes.
A.
For the purpose of this chapter, Bonneauville Borough is hereby divided into the following zoning districts, with the following abbreviations:
SFR | Single-Family Residential |
MDR | Mixed-Dwelling Residential |
HDR | High-Density Residential |
V | Village |
C | Commercial |
B.
For the purposes of this chapter, the zoning districts named in Subsection A shall be of the number, size, shape and location shown on the Official Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
C.
Overlay districts. The Floodplain Area, which includes areas shown as within the one-hundred-year floodplain under federal floodplain mapping, shall serve as an overlay district to the applicable underlying districts.
D.
Purposes of each district. In addition to serving the overall purposes and objectives of this chapter and the Comprehensive Plan, each zoning district is intended to serve the following purposes:
(1)
SFR Single-Family Residential District: to provide for low-density residential neighborhoods that are primarily composed of single-family detached dwellings. To protect these areas from incompatible uses.
(2)
MDR Mixed-Dwelling Residential District: to provide for medium-density residential neighborhoods with a mix of housing types at a medium density; to protect these areas from incompatible uses; to meet requirements of state law to provide opportunities for various housing types.
(3)
HDR High-Density Residential District: to provide opportunities for a mix of housing types at a higher density.
(4)
V Village District: to provide for a mix of housing and light business uses in a manner that encourages reuse of older buildings and avoids conflicts between homes and intensive commercial uses; yo primarily provide for smaller-scale uses that will not be obtrusive in the landscape and that will not overload the road system.
(5)
C Commercial District: to provide for a wide range of commercial uses; to carefully locate commercial areas and commercial driveways to minimize traffic safety and congestion problems along roads.
§ 255-28 Application of district regulations.
A.
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.
B.
No structure shall hereafter be erected, used, constructed, reconstructed, structurally altered or occupied and no land shall hereafter be used, developed or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.
C.
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.
D.
Boundary change. Any territory which may hereafter become part of the Borough through annexation or a boundary adjustment shall be classified as the SFR Zoning District of Bonneauville until or unless such territory is otherwise classified by Borough Council.
§ 255-29 Zoning Map.
A.
A map entitled "Bonneauville Borough Zoning Map" accompanies this chapter and is declared a part of this chapter.[1] The Official Zoning Map, which should bear the adoption date of this chapter and the words "Official Zoning Map," shall be retained in the Borough Building.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
B.
Map changes. Changes to the boundaries and districts of the Official Zoning Map shall only be made in conformity with the amendment procedures specified in the State Municipalities Planning Code. All changes should be noted by date with a brief description of the nature of the change, either on the map or within an appendix to this chapter.
C.
Replacement map. If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, or needs to have drafting errors or omissions corrected, Borough Council may, by resolution, adopt a new copy of the Official Zoning Map which shall supersede the prior Official Zoning Map. Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any remaining parts shall be preserved together with all available records pertaining to its previous adoption or amendment.
§ 255-30 District boundaries.
The following rules shall apply where uncertainty exists as to boundaries of any district as shown on the Zoning Map:
A.
District boundary lines are intended to follow or be parallel to the center line of street rights-of-way, streams and railroads, and lot lines as they existed on a recorded deed or plan of record in the County Recorder of Deeds' office at the time of the adoption of this chapter, unless such district boundary lines are fixed by dimensions as shown on the Official Zoning Map.
B.
Where a district boundary is not fixed by dimensions and where it approximately follows lot lines, such boundary shall be construed to follow such lot lines unless specifically shown otherwise.
C.
The location of a district boundary on unsubdivided land or where a district boundary divides a lot shall be determined by the use of the scale appearing on the Zoning Map unless indicated otherwise by dimensions.
D.
Where a municipal boundary divides a lot, the minimum lot area shall be regulated by the municipality in which the principal use(s) are located, unless otherwise provided by applicable case law. The land area within each municipality shall be regulated by the use regulations and other applicable regulations of each municipality.
§ 255-31 Setbacks across municipal boundaries.
A.
Intent: to continue the objective of compatible land uses across municipal boundaries.
B.
This chapter requires additional setbacks and the provision of bufferyards when certain uses would abut an existing dwelling or a residential zoning district. These same additional setback and bufferyard provisions shall be provided by uses proposed within Bonneauville Borough regardless of whether such abutting existing dwelling or principally residential zoning district is located in an abutting municipality and/or in Bonneauville Borough.
§ 255-32 Allowed uses in each zoning district. [1]
A.
Unless otherwise provided by state or federal law or specifically stated in this chapter (including § 255-11B), any land or structure shall only be used or occupied for a use specifically listed in this chapter as permitted in the zoning district where the land or structure is located. Such uses shall only be permitted if the use complies with all other requirements of this chapter.
(1)
See § 255-11B, which generally provides a process for approval of a use that is not listed based upon similarity to permitted uses and other criteria. Except as provided in such § 255-11B, any other principal use that is not specifically listed as P, C or SE in the applicable district in this table is prohibited in that district.
B.
Permitted accessory uses in all districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this chapter. The following are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of § 255-39 and all other requirements of this chapter:
(1)
Standard antennas, including antennas used by contractors to communicate with their own vehicles. [NOTE: See standard for each in § 255-39.]
(3)
Garage, household.
(6)
Parking or loading, off-street, only to serve a use that is permitted in that district.
(7)
Recreational facilities, limited to use by: residents of a development or students at a primary or secondary school or center for the care and treatment of youth, and their occasional invited guests.
(11)
Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Officer is clearly customary and incidental to a permitted by right, special exception or conditional principal use.
C.
Permitted accessory uses to business and institutional uses. The following are permitted-by-right accessory uses only to a permitted-by-right, special exception or conditional commercial, industrial or institutional use, provided that all requirements of this chapter are met:
[1]
Editor's Note: The Table of Allowed Uses is included as an attachment to this chapter.
§ 255-33 Dimensional requirements in each district. [1]
A.
The following area, yard and building requirements shall apply for the specified zoning district, unless a more restrictive requirement for a specific use is required by §§ 255-38 or 255-39 or another section of this chapter. All measurements shall be in feet unless otherwise stated. See definitions of terms (such as lot width) in § 255-26.
B.
Height. Except as provided in § 255-65, or as specified otherwise in this chapter for a particular use, the following maximum structure height shall apply in all zoning districts:
(1)
No maximum height shall apply for agricultural structures;
(2)
Any structure that is accessory to a dwelling on a lot of less than five acres shall have a maximum height of two stories (with the second story limited to nonhabitable storage areas) or 25 feet, whichever is more restrictive;
(3)
In the I District, a maximum building height of 50 feet shall apply;
(4)
The maximum height for any other structure shall be three stories or 40 feet, whichever is more restrictive.
C.
Accessory structures and uses.
(2)
The minimum side and rear yard setback apply for a permitted detached structure that is accessory to a dwelling shall be five feet, except in the following cases:
(a)
The minimum rear setback shall be reduced to three feet for a residential accessory storage shed having a total floor area of less than 150 square feet.
(b)
A side yard setback is not required for a structure that is accessory to a dwelling from a lot line along which two dwellings are attached (such as a lot line shared by twin dwellings). However, such structure shall still meet the minimum side yard on a lot line where the dwellings are not attached.
(c)
A residential porch or deck that is unenclosed may extend a maximum of 15 feet into the required rear setback. Such porch or deck may be covered by a roof or awning. Space under an unenclosed porch may be used for household storage. See Note D of the Table of Dimensional Requirements[2] considering front yard setbacks.
[2]
Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.
(3)
No accessory building and no swimming pool shall be allowed in the minimum front yard.
D.
Required yards.
(1)
No accessory or principal structure shall extend into the required front yard, except as provided in this chapter.
(2)
Every lot shall include at least one front lot line.
(3)
A principal building shall not extend into the required rear yard setback for a principal building, and an accessory structure shall not extend into the required rear yard for an accessory structure, except as provided in this chapter.
(4)
Every lot shall include a rear lot line and a rear yard.
(5)
A structure shall not extend into the applicable minimum side yard setback, except as provided for in this chapter.
(7)
A triangular lot shall include one side yard. All other lots shall include at least two side yards, except for a corner lot.
E.
Additional provisions within the V Village District.
(1)
Guidelines. To the maximum extent feasible, the minimum front yard of new commercial development should be landscaped, and the majority of new parking areas should be placed to the rear or side of the principal building. New buildings are encouraged to be placed as close to the street right-of-way as is feasible, provided they do not create sight distance obstructions and still meet the minimum setback requirements.
(2)
Architectural information. If a new principal commercial building is proposed within the V District, then an architectural sketch or elevation shall be submitted to the Zoning Officer prior to receiving any zoning approval. Such sketch or elevation shall describe the type of materials to be used on the front facade.
[1]
Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.
§ 255-34 Wetlands and lakes.
A.
Wetland studies. It shall be the responsibility of each applicant to determine whether land areas proposed for alteration meet the federal or state definition of a wetland prior to submittal of development plans to the Borough. If the Zoning Officer has reason to believe that wetlands may be present on a site proposed for development or subdivision, the Zoning Officer may require that the applicant provide a suitable wetland delineation study prepared by a qualified professional.
B.
Wetland setbacks. A minimum setback of 20 feet shall be required between any new principal building for which a building permit is issued after the effective date of this chapter and any wetland.
§ 255-35 Sewage and water services.
A.
Every new lot and every new principal use shall be served by public sewage service and public water service, unless a minimum lot area of one acre is provided for each dwelling unit or each equivalent dwelling unit.
B.
Expansion of septic use. If the Zoning Officer has reason to believe that a proposed increase in the number of dwelling units or expansion or change of a nonresidential use would result in increased flow to an on-lot septic system, then the application shall be referred to the Sewage Enforcement Officer. The Sewage Enforcement Officer shall require modification, expansion or replacement of the septic system if necessary to handle the proposed flow.
§ 255-36 Age-restricted residential development.
A.
This § 255-36 provides a density bonus for a residential development that is age-restricted in compliance with the federal requirements for housing for older persons as specified in the United States Code. [NOTE: As of 2006, such provisions were in 42 U.S.C. § 3607.]
B.
In order to be approved by the Borough as age-restricted residential development, every dwelling unit (except a unit for one manager) on a tract of land shall be permanently restricted by deed, by any lease and by notes on the recorded plan to the following occupancy limitations: a minimum of one head of household of each dwelling unit shall be age 55 years or older, or 62 years or older, or who is physically disabled as defined by Social Security disability regulations; and no person under age 18 shall live in the dwelling unit for more than 30 days in any calendar year. Any violation of such age restrictions shall be a violation of this Zoning Ordinance. In addition, in order to be approved as age-restricted development, the applicant shall establish an appropriate legal entity, such as a property-owner association that has the duty, authority and responsibility to enforce such age restrictions over time.
C.
If a residential development is approved under this § 255-36, then the minimum lot area or the minimum average lot area per dwelling unit, as applicable, shall be reduced by 15%. Where density is stated in terms of a maximum number of dwelling units per acre, the maximum density may be increased by 15% under this § 255-36. An age-restricted residential development shall meet all other requirements of Borough ordinances.