Brookville City Zoning Code
ARTICLE III
Zoning Districts and Use Regulations
§ 230-10 Purposes.
The purpose of this section of this chapter is to regulate the land uses in Brookville Borough through the creation of various zoning districts. The districts demonstrate the cohesive use of land within areas of similar environmental and quality of life characteristics. These districts represent the most efficient use of land, both currently developed and vacant. Environmental controls allow this to happen and become a reality through floodplain, slope, riparian buffers, and setback requirements. Specific land uses based on a parcel-by-parcel basis will be discouraged as they may increase potential land use conflicts. This concept promotes the quality of life, cohesive neighborhoods, and protection of the natural and cultural environment of Brookville Borough.
§ 230-11 Zoning districts.
The Borough is divided into 10 zoning districts including a Historic Overlay District. The districts are reflected on a color-coded Zoning Map depicting their boundaries. Public utility services are required in all zoning districts. Zoning districts are described as follows.
A.
Low Density Residential (LDR) District. This land use classification is designed to provide areas that preserve and promote the existing characteristics of single-family detached dwelling units and their neighborhoods. Lot size in these areas is expected to be 7,500 square feet or more in size. These districts are illustrated in yellow on the Brookville Borough Zoning Map.
B.
Medium Density Residential (MDR) District. This district attempts to provide for more densely populated residential neighborhoods while creating an integrated community. Medium Density Residential (MDR) District lot sizes in these areas vary from between 2,500 square feet and 5,000 square feet in size but have a higher density of dwelling units per acre than that of the Low Density Residential District (LRD). These districts are illustrated in orange on the Brookville Borough Zoning Map.
C.
Special Residential (SR) District. This land use category is designed to allow the accommodation of expected new mobile home housing as a different dwelling type and at appropriate densities to be affordable for households of all income levels. This zoning district requires full public utility service and is a cohesive neighborhood. This district is illustrated in brown on the Brookville Borough Zoning Map.
D.
Recreation Conservation (RC) District. This zoning district has been established for several purposes. The primary purpose is for the preservation of environmental and natural features along the watercourses of North Fork Creek, Sandy Lick Creek, and Redbank Creek. The preservation and environmental quality of these watercourses is promoted by the requirements of this zoning district. This district allows for a linear type of park system linking the various neighborhoods in the Borough. The principal permitted uses in the district are commercial recreational, recreational facilities, and certain residential developments that meet Army Corp of Engineer standards and FEMA requirements. These districts are illustrated in green on the Brookville Borough Zoning Map.
E.
Downtown Commercial (DC) District. This land classification will provide an area that allows for commercial activities that are traditional downtown uses and serve the needs of the Borough's residents, such as but not limited to retail and office activities. This district is designed to preserve the quality and vibrant downtown of Brookville through the benefits of having a unique and historic appearance and a residential population in the second and third stories of buildings. This district is illustrated in red on the Brookville Borough Zoning Map.
F.
Transitional Zone (TZ) District.
(1)
This land classification will provide an area that allows for a transition area of mixed residential and small-scale commercial and mixed-use districts that would be between the Downtown Commercial (DC) District and the lower-density residential (LDR) neighborhoods.
(2)
This district provides a transition from residential areas to the downtown. The uses in this district are a mix of residential, no-impact home businesses and less intense mixed commercial uses, such as professional offices or bed-and-breakfasts. Adaptive reuse of existing properties is encouraged, as is infill development on vacant lots.
G.
Office Commercial (O/C) District.
(1)
This district is designed to allow for professional office centers and commercial activities that are ancillary to the permitted uses within this district. It is designed to take advantage of the regional transportation arteries.
(2)
The district encourages office buildings to be built on "green" commons with commercial activities geared toward daily services and those associated with the primary use of the structure. These activities include cafes, day-care centers, bakeries, restaurants, and food courts on lower levels with office space on the ground and other floors.
(3)
All commercial activities may be located on any floor in the building. Parking shall be in the form of underground parking or shall be in the form of shared parking areas for offices; stormwater controls may require underground storage. All new utility services shall be underground and certain ones, such as gas and electric, shall be on opposite sides of one another due to the potential for gas explosions. These districts are illustrated in light blue on the Brookville Borough Zoning Map.
H.
Light Industrial 1 (LI-1) District. This land use classification provides areas that allow for light manufacturing activities. Economic development is one of the primary objectives of this zoning district. These areas are designated to limit the larger scale, heavier commuter and truck traffic, stabilize Borough tax base, and preserve other neighborhoods that adjoin these uses. Design standards for odor, noise, dust, point- and non-point-source pollution, and lighting are limited and/or prohibited in the areas where they abut environmentally sensitive areas, watercourses, and adjacent residential neighborhoods. The foregoing zoning districts are depicted on the Official Zoning Map and the permitted uses, conditional uses, yard and area requirements for each district are set forth on Table III-B.[1] These districts are shown in purple on the Brookville Borough Zoning Map.
[1]
Editor's Note: Table III-B is included at the end of this chapter.
I.
Light Industrial 2 (LI-2) District. This land use classification provides areas that allow for heavier manufacturing activities such as assembly and finishing. Economic development is one of the primary objectives of this zoning district. These areas are designated to limit the larger scale, heavier commuter and truck traffic, stabilize Borough tax base, and preserve other neighborhoods that adjoin these uses. Design standards for odor, noise, dust, point- and non-point-source pollution, and lighting are limited and/or prohibited in the areas where they abut environmentally sensitive areas, watercourses, and adjacent residential neighborhoods. The foregoing zoning districts are depicted on the Official Zoning Map and the permitted uses, conditional uses, yard and area requirements for each district are set forth on Table III-B.[2] These districts are shown in pink on the Brookville Borough Zoning Map.
[2]
Editor's Note: Table III-B is included at the end of this chapter.
J.
Historic Overlay District (HOD).
(1)
This zoning district is defined as the Brookville Historic District as listed in the National Register of Historic Places. Additional historic overlay districts may be designated as additional National Register districts are created.
(2)
The Historic Overlay District is established to provide for the overall enhancement of the district by.
(a)
Protecting and stabilizing property values and thereby providing for the economic vitality of the district.
(b)
Protecting the desirable and unique physical features of the district by discouraging intensive development, renovation and redevelopment.
(c)
Providing for the ongoing economic revitalization of the district and its surrounding areas.
(d)
Demolition of buildings in this district will require approval from the Brookville Borough Planning Commission. The Borough Building Inspector is required to copy the Planning Commission on any demolition permits.
(3)
The foregoing zoning districts are depicted on the Official Zoning Map and the permitted uses, conditional uses, and special exceptions for all districts are found in Table III-A. Yard and area requirements for each district are set forth on Table III-B.[3]
K.
Height regulations. Except for communications facilities and water towers, no structure shall exceed a maximum height above the average ground level. This is recommended by the Brookville Borough Planning Commission and approved by Brookville Borough Council.
(1)
Maximum height. The maximum height for a structure for any permitted, conditional or special exception uses in any district may be increased up to a total height of 35 feet if: a) every required yard is increased by one foot for each additional foot of height; and b) the permit for such structure has been reviewed and authorized. This is recommended by the Brookville Borough Planning Commission and approved by Brookville Borough Council.
(2)
Maximum-height exceptions. Church spires, belfries, monuments, ornamental towers, chimneys, elevator bulkheads, windmills, smokestacks, silos and flagpoles may exceed the maximum height of the principal structure. This is recommended by the Brookville Borough Planning Commission and approved by Brookville Borough Council.
§ 230-12 Official Zoning Map.
The boundaries of the districts are illustrated on the Brookville Borough Zoning Map. The Official Zoning Map and all of the references and information shown thereon are part of this chapter. They have the same force and effect as the Zoning Map and all of the notions, references, and information shown thereon are all fully set forth and described herein. The Official Zoning Map is properly attested and is on file at the Borough Office.
§ 230-13 Zoning district boundaries.
District boundaries shown on the lines of roads, streams, and transportation rights-of-ways shall be deemed to follow the center lines. The vacation of roads shall not affect the location of such district boundaries. When the Zoning Officer cannot conclusively determine the location of a district boundary by such center lines, by the scale or dimensions stated on the Official Zoning Map, or by the fact that it clearly coincides with a property line, he shall refuse action, and the Zoning Hearing Board, upon appeal, shall interpret the location of the district boundary with reference to the scale of the Official Zoning Map. Any evidence relating to the formation of the zoning districts and the purposes set forth in all relevant provisions of this chapter will be used in determining district boundaries.
§ 230-14 Compliance with regulations.
A.
No building shall be altered, converted, erected, or moved, nor shall any building be used except as permitted in the district in which the building or land is located, except as hereinafter provided and required.
B.
No building shall be altered, converted, erected, or moved, nor shall any building be used except in conformity with the area regulations, minimum yard requirements, and minimum off-street parking space requirements of this chapter for the district in which the building is located.
C.
No part of a required yard or other minimum open space required to be provided for any building for the purpose of complying with the dimensional provisions of this article shall be included as part of a required yard or other minimum open space similarly required for another building.
§ 230-15 Brookville Borough land uses.
The following is a listing of various uses of lands within Brookville Borough. These land uses define what types of land developments may occur within various zoning districts in the Borough. The land uses are broken down into three categories: 1) permitted; 2) conditional; and 3) special exception. Each has standards that govern its development.
§ 230-16 Permitted uses.
The permitted uses for each district are shown in Table III-A.[1] Uses not specifically listed shall not be permitted unless approved by Borough Council as a conditional use and special exception use. Uses not specified may be subject to conditions of the Planning Commission or the Brookville Borough Council.
[1]
Editor's Note: Table III-A is included at the end of this chapter.
§ 230-17 Conditional uses.
Any use defined under Article III or listed in Table III-A as a conditional use.
§ 230-18 Conditional use approval.
The purpose of this section is to set general guidelines and standards for conditional uses in Brookville Borough. A permitted use shall be reviewed and approved as if it were a conditional use if the Zoning Officer determines that such use is:
§ 230-19 General criteria and schedule for conditional use.
A.
Purpose. Conditional uses are listed for each district in Article III of this chapter. Only those uses listed as conditional uses in a specific zoning district can be considered for that district. All applications for conditional uses shall comply with the specific standards set forth in this chapter.
B.
Standards. In addition to any expressed standards set forth in this chapter, a conditional use application must adhere to the following:
(1)
The applicant will reduce any adverse impacts on existing uses to the maximum extent feasible, including but not limited to developing measures that address lighting and glare, hours of operation, refuse storage and removal and other similar characteristics;
(2)
The use can be accommodated on the site without design modifications or variances;
(3)
If the use generates 50 or more average daily trips, the use may not cause a decrease in the level of service at intersections and roads within 1/2 mile of the proposed use;
(4)
The use has or provides off-street parking on the same property as the use and in compliance with Article IV of this chapter;
(5)
At a minimum, areas of the property not covered by buildings or impervious surface shall be landscaped as per Article V of this chapter;
(7)
Primary accesspoints to the property shall be located as far from the road(s) and intersection(s) and sight triangle as possible and approved by the Brookville Borough Planning Commission.
§ 230-20 Procedure for review.
An applicant requesting a conditional use shall submit four copies of the following materials, along with a complete application and prepaid fee to Brookville Borough.
A.
The application shall include the following items.
(1)
A site plan at appropriate scale.
(2)
A complete zoning schedule noting the existing and proposed conditions of the site.
(3)
Property and setback lines.
(4)
Adjacent properties existing uses.
(5)
Existing and proposed buildings on the site.
(6)
Parking plan and schedule.
(7)
Existing and proposed utilities, graded areas, ingress/egress points.
(8)
Landscaping plan.
(9)
Stormwater plan.
(10)
A traffic study could be required if deemed necessary. A professionally licensed person who holds a current license in the Commonwealth of Pennsylvania shall prepare the traffic study.
B.
The Brookville Borough Planning Commission shall review these applications and forward a recommendation to the Brookville Borough Council. Within the prescribed period [no later than 90 days of the application (as per the Pennsylvania Municipalities Planning Code)], the Brookville Borough Planning Commission may also hold a public hearing pursuant to public notice to inform the public and receive comments before making a recommendation on the proposed conditional use.
C.
Within the time frame set forth in this section, the Brookville Borough Planning Commission shall take one of the following options.
(1)
Recommend approval to the Brookville Borough Council as submitted;
(2)
Recommend approval to the Brookville Borough Council with conditions with or without the applicant's consent;
(3)
Recommend denial to the Brookville Borough Council of the application based on specific findings communicated to the applicant in writing.
D.
The Brookville Borough Council shall hold a public hearing pursuant to public notice to take final action on a completed request, as determined by the Zoning Officer, for conditional use within 60 days from the date of the receipt of the complete request, unless the applicant agrees in writing to a time extension. The Brookville Borough Council may request additional information or continue the hearing but shall render a written decision on the application within 45 days of conclusion.
E.
Within the period set forth above, the Brookville Borough Council shall take one of the following actions.
(1)
Approve the application;
(2)
Approve the application with conditions, with or without the applicant's consent; or
(3)
Deny the application based on specific findings communicated to the applicant in writing.
(4)
The Brookville Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this article, as it may deem necessary to implement the purposes of this article. The applicant shall have 30 days to notify the Brookville Borough Council, in writing, that he accepts any attached conditions or stipulations. Failure to accept specified conditions or stipulations will render the application null and void.
(5)
Failure of the Brookville Borough Council to take action within the prescribed time frame, including any extension(s), shall be deemed approval of the application as submitted.
F.
An applicant whose conditional use application is approved must obtain a zoning/building permit. As set forth in this section, an applicant proposing a development containing a use that is permitted only as a conditional use may submit an application for a zoning permit simultaneously along with the conditional use application. The review and approval process for both the conditional use and zoning/building permit may proceed independently.
G.
All construction, development, and use shall be in accordance with the conditional use plan, together with all its information as finally approved by the Borough Council and all conditions and stipulations attached by the Board. Any development contrary to the approved plan shall constitute a violation of this article.
H.
Failure of the applicant to apply for a building permit within one calendar year of receiving approval for the conditional use shall render the decision of the Borough Council null and void.
§ 230-21 Conditional uses and their requirements.
The following sections describe conditional uses and their requirements.
A.
Garden apartment. Garden apartments are conditional uses in the MDR and OC Zoning Districts. Garden apartments are defined in Article II of this chapter.
B.
Cemeteries. Cemeteries are conditional uses in the Recreation Conservation (RC) and Light Industrial Zone 2 (LI-2). Cemeteries are defined in Article II of this chapter.
C.
Churches. Churches are conditional uses in all zoning districts except Office Commercial (OC).
(1)
Lot coverage: For churches in any residential zoning district the maximum square footage may not exceed 10,000 square feet.
(2)
Minimum lot area: must be no less than 20,000 square feet.
D.
Group dwellings (see "licensed care facilities"). Group dwelling uses are conditional uses in all zoning districts. Group dwellings are defined in Article II of this chapter (see "licensed care facility").
(1)
All group dwelling units must register with the Borough.
(2)
All group dwelling units must be licensed by the state if they are providing any type of care.
(3)
Minimum lot area: must be no less than minimum requirement of the zoning district in which it is located.
(4)
Group dwelling units: These uses in any zoning district must not exceed the lot coverage for the district they are located within.
E.
Licensed care facilities. Licensed care facilities are conditional uses in all zoning districts.
(1)
The Commonwealth of Pennsylvania shall license the facility.
(2)
The Borough Council may impose restrictions of access to the facility, storage of materials or vehicles, hours of operation and such other matters as it deems necessary to ensure that there are no adverse effects on the adjacent parcels, neighbors, the site itself, and the zoning district.
§ 230-22 Special exception uses.
Any use not listed under Article III or listed in Table III-A.
A.
Purpose. The purpose of this article is to set general guidelines and standards for special exception uses in Brookville Borough.
B.
General criteria and schedule for special exceptions.
(1)
Special exception uses are authorized and listed in Article III and Table III-A per zoning district.[1]
[1]
Editor's Note: Table III-A is included at the end of this chapter.
(2)
All applications for special exception shall demonstrate that.
(a)
The proposed use will not endanger or threaten the public health, safety, and welfare of the environment or residents, or generate nuisance conditions.
(b)
The use is compatible with the uses on the adjoining properties.
(c)
The site will not require extensive grading, revised uncontrolled draining patterns, or increase stormwater runoff from the predeveloped rate of the site.
(d)
The use does not create excessive traffic congestion, and parking requirements meet those of Article IV of this chapter.
(e)
Areas of the property not to be covered by buildings, accessory structures, or paved parking areas are to be landscaped and maintained.
(f)
The property owner or lessee locates accesspoints to the site/property as far apart as possible and maintained.
(g)
The Borough Council may impose restrictions of access to the facility, storage of materials or vehicles, hours of operation and such other matters as they deem necessary to ensure that there are no adverse effects on the adjacent parcel, on the site itself, and in the zoning district.
§ 230-23 Communications antenna or communications facilities.
“Communications facilities/antenna” is defined in Article II of this chapter. Any communications tower and its associated structures operated by any person, agency or corporation not otherwise a public utility regulated by the Pennsylvania Public Utility Commission, who or which furnishes mobile domestic cellular radio telecommunications services, or other communications services including commercial radio and television of any type for public or private use.
A.
Minimum lot area: must be no less than 10 contiguous acres in any zoning district.
B.
No facility may be within 100 feet from the nearest property line in any zoning district.
C.
Parking: Parking must be provided on site as per Article IV of this chapter or be on a public lot within 400 feet of the structure.
E.
Height: Maximum height may not exceed 100 feet.
F.
Wind and snow loads reports must be prepared by an engineer currently licensed or certified in the commonwealth; certifications of Pennsylvania may be required.
§ 230-24 Temporary uses.
Temporary structures and trailers used in conjunction with construction work shall be permitted uses in every zoning district only during the period that the construction work is in progress, subject to approval of the Zoning Officer. Occupancy permits for temporary structures shall be issued for a six-month period.
§ 230-25 Spacing of nonresidential buildings.
For the purposes of safety, fire suppression, and other emergency conditions, groups of nonresidential structures shall be so spaced as to provide a minimum of 25 feet between buildings to permit fire fighters and other emergency personnel to safely approach the buildings from the side in the OC and LI Zoning Districts.
§ 230-26 Lot and yard requirements.
The minimum lot area, minimum width of lot, minimum depth of front yard, minimum width of each side yard for each district shall be as shown on Table III-B.[1]
A.
Required front yards. Lots that abut on more than one street shall provide the required front yards along every street unless otherwise approved by the Zoning Hearing Board.
B.
Structures. All structures, whether attached to the principal structure or not and whether open or enclosed, including porches, balconies or platforms above normal grade level, shall not project into any minimum front, side, or rear yard, except that structures accessory to single-family residences may extend partly into required rear and side yards, provided that required side and rear yards are not diminished by more than five feet and that no side or rear yard shall be less than five feet. Additionally, not more than one structure which is not more than 100 square feet in size may be located in any required rear or side yard in any residential district.
C.
Nonconforming lot. Any nonconforming lot held in separate ownership different from the ownership of adjoining lots since the date when it became nonconforming shall be exempt from the minimum lot area, depth, and width requirements.
D.
Septic tanks or on-lot sewage disposal systems (OLDS).
(1)
Where septic tanks or on-lot sewage disposal systems (OLDS) are allowed for the purpose of small-scale treatment, the minimum lot size shall not be less than required by percolation tests required by the PA DEP/Local Sanitation Council most current requirements at the time of building permit or subdivision application for the newly created lots. Preexisting systems servicing the existing developed lots must have a permit or letter of approval for the continuation of a conforming or preexisting system.
(2)
If the reuse of an existing private on-lot sewage disposal systems (OLDS) or public sanitary sewer is within the specified distance by the PA DEP or any agency deemed as the local sanitation council, said lots will be required to have public potable water and a letter of approved sanitary sewer service.
[1]
Editor's Note: Table III-B is included at the end of this chapter.
§ 230-27 Locations of methadone treatment facilities.
A.
Location. A methadone treatment facility shall not be established or operated within 2,500 feet to an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility. These facilities may be located in an LI Zoning District as a special exception use.
B.
Occupancy permit. The provisions of this subsection shall apply whether or not an occupancy permit or certificate of use has been issued to the owner or operator of a methadone treatment facility for a location that is within 2,500 feet to an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.
(1)
Approval.
(a)
Notwithstanding Subsection A, a methadone treatment facility may be established and operated closer than 2,500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility if by majority vote the Borough Council votes in favor of the issuance of an occupancy permit or certificate of use for said facility at such a location.
(b)
At least 14 days prior to the Borough voting on whether or not to approve the issuance of an occupancy permit or certificate of use for a methadone treatment facility at a location that is closer than 2,500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the Borough following public notice. All owners of real property located within 2,500 feet of the proposed location shall be provided written notice of said public hearings at least 30 days before said public hearings occurring.
(2)
License, prior existence. This section shall not apply to a methadone treatment facility that is licensed by the Department of Health before May 15, 1999.
(3)
License, current existence. As used in this section, the term "methadone treatment facility" shall mean a facility licensed by the Department of Health to use the drug methadone in the treatment, maintenance, or detoxification of persons.
(a)
Minimum lot area: The minimum lot area must be no less than two acres.
(b)
Maximum lot coverage: may not exceed 60%.
(c)
The Commonwealth of Pennsylvania shall license the facility.
(d)
The facility shall be screened from any adjacent residential property with a minimum of eight feet in height by a compact evergreen hedge with evergreen trees planted in staggered rows with a double amount of evergreen trees.
(f)
Any outdoor displays, equipment storage, and display areas shall not be any closer than 50 feet from any adjacent residential use.
(g)
Paved access roads are required for site entrance.
(i)
All treatment staff must be licensed professionals, licensed by the Commonwealth of Pennsylvania.
(j)
Registration of occupants is required quarterly with the Borough Police Department.
(m)
Hours of operation shall be between 7:00 a.m. and 7:00 p.m.
(n)
An architectural rendering of the structure may be required prior to approval.
(o)
Lighting: All lighting patterns will be contained to the site itself.
§ 230-28 Sexually oriented businesses.
See Article VII of this chapter.