Dalton City Zoning Code
ARTICLE IV
District Regulations
§ 400-10 Designation of districts.
A.
Designation. For the purposes of this chapter, Dalton Borough is hereby divided into the following zoning districts:
R-1 | One-Family Residential District | |
R-R | Rural Residential District | |
R-2 | Medium Density Residential | |
C-1 | Village Commercial | |
C-2 | Highway Commercial | |
M-1 | Manufacturing |
B.
Intent. The intent of each district and the uses permitted in each district are set forth on the District Use Schedules contained in § 400-13A of this chapter or in the specific sections establishing any overlay district. Bulk and density standards for each district are set forth on the Schedule of Development Standards contained in § 400-13C of this chapter.
C.
Floodplain regulations. The Floodplain Overlay District is hereby created to be coterminous with the flood hazard areas established by the Federal Emergency Management Agency for the Borough as shown on the most recent Federal Flood Insurance Rate Maps. In addition to all the applicable standards of this chapter any floodplain regulations duly adopted by the Borough Council shall apply in the Floodplain Overlay District.[1]
§ 400-11 Official Zoning Map.
The location and boundaries of said districts are hereby established as shown on the Official Zoning Map of Dalton Borough, which is hereby adopted by reference and declared to be a part of this chapter, together with all amendments thereto.[1]
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
§ 400-12 District boundaries.
A.
Establishment. District boundary lines are intended to follow or be parallel to the center line of streets, streams and lot or property lines as they exist on a recorded deed or plan of record in the Lackawanna County Recorder of Deeds' office and on the Lackawanna County Tax Maps at the time of the enactment of this chapter, unless such district boundary lines are fixed by dimensions or otherwise are shown on the Official Zoning Map.
B.
Interpretation. Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines, or highway right-of-way lines, such center lines, street lines, or highway right-of-way lines shall be construed to be such boundaries. Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries. Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map. Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line.
C.
Uncertainty. In the event of uncertainty as to the true location of a district boundary line in a particular instance, the Zoning Officer is authorized to determine the correct district boundary in accord with the guidelines of this chapter. Any decision of the Zoning Officer may be appealed to the Zoning Hearing Board.
§ 400-13 District regulations.
District regulations are of two types, use regulations and development standards, which shall apply to any proposed new use, expansion of an existing use or change of use of any land or structure.
A.
Use regulations. District use regulations are provided in the following Schedule of Uses.
(1)
Permits for principal permitted uses and accessory uses shall be issued by the Zoning Officer, provided such uses comply with the standards in this chapter.
(2)
Conditional uses and special exception uses shall be subject to the additional review procedures and criteria as specified in this chapter.
(3)
No land and no structure in a particular zoning district shall be used for any use which is not specifically listed on the Schedule of Uses for that particular district and only in accord with all other requirements of this chapter. Larger lot sizes, greater setbacks, buffers and other more restrictive standards may be required by other provisions of this chapter. In cases where this chapter provides different requirements for the same use, the most restrictive requirement shall apply.
Schedule of Uses R-1 — One-Family Residential District | ||
|---|---|---|
INTENT: To provide areas adequate to accommodate the Borough's single-family dwelling needs and limiting unnecessary intrusions of incompatible uses which might pose a threat to the health, safety or welfare of families and individuals occupying said housing, and to allow certain public and semipublic uses compatible with residential neighborhoods. | ||
Principal Permitted Uses (Zoning Officer) | Conditional Uses (Planning Commission/Council) | Accessory Uses (Zoning Officer) |
Borough facilities and uses Forestry enterprises Group homes (see § 400-23) Single-family detached dwellings | Day care, adult and child Home occupations unless classified as an accessory use by § 400-17C(13) Golf courses as part of a residential development, excluding miniature golf and golf driving ranges | Accessory uses customary to approved uses Communications antenna attached to an existing structure in accord with § 400-37 Essential services Home gardens, home greenhouses and home nurseries Private garages, carports, sheds |
Special Exceptions (Planning Commission/ZHB) Public and semipublic buildings and uses Schools, public and private, primary and secondary | Private stables Private swimming pools Required parking areas Signs accessory to approved uses Satellite dish antennas Yard sales | |
NOTES: | |
|---|---|
• | Uses not specifically listed by this schedule shall not be permitted in the R-1 District. |
• | Larger lot size may be required by other sections of this chapter. |
Schedule of Uses R-R — Rural Residential District | ||
|---|---|---|
INTENT: To permit all types of agriculture, single-family-detached dwellings and certain commercial uses not appropriate for other districts. | ||
Principal Permitted Uses (Zoning Officer) | Conditional Uses (Planning Commission/Council) | Special Exceptions (Planning Commission/ZHB) |
Borough facilities and uses Crop production Day care, adult and child, not exceeding 6 individuals Forestry enterprises | Airports Animal hospitals Archery ranges, outdoor Bed-and-breakfast establishments | Public and semipublic buildings and uses Schools, public and private, primary and secondary |
Group homes (see § 400-23) Livestock operations Retail sales of agricultural commodities in accord with 3 P.S. § 951 et seq., the PA Right to Farm Law Single-family detached dwellings | Campgrounds and recreational vehicle parks Cemeteries and mausoleums Colleges and universities Communications towers and antennas Commercial greenhouses and nurseries | Accessory Uses (Zoning Officer) Accessory uses customary to approved uses Communications antenna attached to an existing structure in accord with § 400-37 |
Country clubs Day care, adult and child Golf courses, excluding miniature golf and golf driving ranges Home occupations, unless classified as an accessory use by § 400-17C(13) | Essential services Home gardens, home greenhouses and home nurseries Private garages, carports, sheds Private stables Private swimming pools Required parking areas | |
Kennels Mineral extraction Mineral extraction, minor Mobile home parks Places of worship Racetracks Sawmills | Signs accessory to approved uses Satellite dish antennas Yard sales | |
Shooting ranges, outdoor Stables, commercial Storage yard for forest products and stone Veterinary clinics Wind farms Zoos, menageries, wild and exotic animals | ||
NOTES: | |
|---|---|
• | Uses not specifically listed by this schedule shall not be permitted in the R-R District. |
• | Larger lot sizes may be required for certain uses by other sections of this chapter. |
Schedule of Uses R-2 — Medium-Density Residential District | ||
|---|---|---|
INTENT: To provide areas adequate to accommodate the Borough's single-family and two-family dwelling needs and limiting unnecessary intrusions of incompatible uses which might pose a threat to the health, safety or welfare of families and individuals occupying said housing and to allow certain commercial, public and semipublic uses compatible with residential neighborhoods. | ||
Principal Permitted Uses (Zoning Officer) | Conditional Uses (Planning Commission/Council) | Accessory Uses (Zoning Officer) |
Borough facilities and uses Forestry enterprises Group homes (see § 400-23) Single-family detached dwellings | Bed-and-breakfast establishments Day care, adult and child Cemeteries and mausoleums Country clubs | Accessory uses customary to approved uses Communications antenna attached to an existing structure in accord with § 400-37 |
Two-family dwellings | Golf courses, excluding miniature golf and golf driving ranges Home occupations, unless classified as an accessory use by § 400-17C(13) | Essential services Home gardens, home greenhouses and home nurseries Private garages, carports, sheds Private swimming pools Required parking areas |
Medical clinics Multifamily dwellings and projects Places of worship | Signs accessory to approved uses Satellite dish antennas Yard sales | |
Special Exceptions (Planning Commission/ZHB) Public and semipublic buildings and uses Schools, public and private, primary and secondary | ||
NOTES: | |
|---|---|
• | Uses not specifically listed by this schedule shall not be permitted in the R-2 District. |
• | Larger lot size may be required by other sections of this chapter. |
Schedule of Uses C-1 — Village Commercial District | ||
|---|---|---|
INTENT: To recognize the existing extent and character of uses in the central business district and to provide areas for the location of residential dwellings and businesses and commercial enterprises compatible to the village setting. | ||
Principal Permitted Uses (Zoning Officer) | Conditional Uses (Planning Commission/Council) | Special Exceptions (Planning Commission/ZHB) |
Bed-and-breakfast establishments Boarding and lodging houses Borough facilities and uses Day care, adult and child | Abused person shelters Banks Colleges and universities Funeral parlors Health facilities | Public and semipublic buildings and uses Schools, public and private, primary and secondary |
Group homes Medical clinics Office buildings Professional offices Recycling units, mobile Restaurants, traditional Retail businesses | Home occupations, unless classified as an accessory use by § 400-17C(13) Mixed commercial/residential use (see § 400-16) | Accessory Uses (Zoning Officer) Accessory uses customary to approved uses Essential services Home gardens, home greenhouses and home nurseries |
Service establishments Single-family detached dwellings Studios Two-family dwellings | Multifamily dwellings Private schools Recycling collection facilities, small Self-storage facilities | Private garages, carports, sheds Private swimming pools Required parking areas Signs accessory to approved uses |
Taverns Theaters Veterinary clinics Wholesale businesses | Satellite dish antennas Yard sales | |
NOTES: | |
|---|---|
• | Uses not specifically listed by this schedule shall not be permitted in the C-1 District. |
• | Larger lot size may be required by other sections of this chapter. |
Schedule of Uses C-2 — Highway Commercial District | ||
|---|---|---|
INTENT: To provide for higher-intensity commercial uses in a location with access to Route 6, which serves as the area's major arterial highway. | ||
Principal Permitted Uses (Zoning Officer) | Conditional Uses (Planning Commission/Council) | Special Exceptions (Planning Commission/ZHB) |
Amusement arcades Bed-and-breakfast establishments Boarding and lodging houses Borough facilities and uses | Abused persons shelter Banks Betting uses Bus terminals Car and truck washes | Public and semipublic buildings and uses Schools, public and private, primary and secondary |
Clubs/lodges, private Day care, child and adult Forestry enterprises Funeral parlors Group homes (See § 400-23) | Cemeteries and mausoleums Colleges and universities Commercial communications devices Country clubs Detention facilities | Accessory Uses (Zoning Officer) Accessory uses customary to approved uses Essential services Home gardens, home |
Medical clinics Office buildings Places of worship Professional offices Recycling units, mobile | Flea markets Funeral parlors Gasoline service station Golf courses Golf courses, miniature | greenhouses and home nurseries Private garages, carports, sheds Private stables Private swimming pools Required parking areas |
Restaurants, traditional Retail businesses Service establishments | Golf driving ranges Greenhouses, commercial Health facilities | Signs accessory to approved uses Satellite dish antennas |
Studios Taverns Veterinary clinics Wholesale businesses | Home occupations, unless classified as an accessory use by § 400-17C(13) | Yard sales |
Hotels Manufacturing, light Motels Multifamily dwellings and projects | ||
Recreational facilities, private Recycling collection facilities, small Restaurants, fast-food Self-storage facilities | ||
Shopping centers and malls Single-family detached dwellings Storage yard for forest products and minerals Temporary commercial uses Theaters | ||
Treatment centers/clinics Two-family dwellings Vehicle or equipment rental, repair or sales operation Warehouses | ||
NOTES: | |
|---|---|
• | Uses not specifically listed by this schedule shall not be permitted in the C-2 District. |
• | Larger lot size may be required by other sections of this chapter. |
Schedule of Uses M-1 — Manufacturing District | ||
|---|---|---|
INTENT: To provide for manufacturing and industrial uses in a location that will minimize conflicts with residential uses and to allow other commercial uses not incompatible with manufacturing and industry. | ||
Principal Permitted Uses (Zoning Officer) | Conditional Uses (Planning Commission/Council) | Special Exceptions (Planning Commission/ZHB) |
Amusement arcades Bed-and-breakfast establishments Boarding and lodging houses Borough facilities and uses | All conditional uses in the C-2 District, except dwellings Adult businesses Agricultural products processing | Public and semipublic buildings and uses Schools, public and private, primary and secondary |
Clubs/lodges, private Day care, child and adult Forestry enterprises Funeral parlors | Amusement parks Bulk-fuel-storage facilities Construction and trades contractors Crematoria | Accessory Uses (Zoning Officer) Accessory uses customary to approved uses |
Group homes (see § 400-23) Medical clinics Office buildings Places of worship Professional offices | Detention facilities Junkyards Manufacturing and industry Manufacturing, light Mineral processing | Essential services Home gardens, home greenhouses and home nurseries Private garages, carports, sheds Private stables |
Recycling units, mobile Restaurants, traditional Retail businesses Service establishments Studios | Recycling facilities Self-storage facilities Solid waste facilities, commercial and public Solid waste staging areas | Private swimming pools Required parking areas Signs accessory to approved uses Satellite dish antennas Yard sales |
Taverns Veterinary clinics Wholesale businesses | Truck terminals Warehouses | |
NOTES: | |
|---|---|
• | Uses not specifically listed by this schedule shall not be permitted in the M-1 District. |
• | Larger lot size may be required by other sections of this chapter. |
B.
Proposed uses not specified in chapter.
(1)
Jurisdiction. Whenever a proposed use for a particular parcel is not listed as a use allowed in any of the various zoning districts established under this chapter and an application is made to the Zoning Officer for such use, the application shall be submitted to the Zoning Hearing Board, which shall have the authority to permit the use or deny the use as a special exception on an individual basis.
(2)
Findings. The use may be permitted only if the Zoning Hearing Board makes all of the following findings, and the burden of proof shall be upon the applicant:
(a)
The use is similar to and compatible with the uses listed for the subject zoning district by the Schedule of Use Regulations.
(b)
The use in no way conflicts with the intent of the zoning district and the general purpose and intent of this chapter.
(c)
The use is not allowed in any other zoning district.
(3)
Planning Commission review. At the time the application is submitted to the Zoning Hearing Board, the Zoning Officer shall also provide a copy to the Borough Planning Commission for its recommendation. The Zoning Hearing Board shall not conduct a public hearing on the application until the comments from the Planning Commission are received or 30 days have passed from the time the application was referred to the Planning Commission.
(4)
Conditions. In its decision, the Zoning Hearing Board may attach reasonable conditions and safeguards to any special exception approval granted, incorporating standards in this chapter for similar uses in the district and such other conditions as the Zoning Hearing Board may deem necessary to protect and promote the public health, safety, morals and welfare and to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Development standards. The Schedule of Development Standards, which follows, establishes minimum standards for lot area, lot depth, average lot width and front, side and rear yards and establishes maximum standards for building height and lot coverage. The standards also establish specific standards and criteria that apply to the use as may be appropriate to protect the public health, safety and welfare. Larger lot sizes, increased setbacks and other more-restrictive standards may be required in accord with other chapter sections.
Schedule of Development Standards Single-Family Dwellings and Permitted Nonresidential Uses — R-R, R-1 and R-2 Districts | |||||
|---|---|---|---|---|---|
Served by Central/ Community Sewage | |||||
Standards (other provisions of this chapter may require more-restrictive standards) | All Lots in R-1 and R-2 Served by On-Lot Sewage | All Lots in R-R | R-1 | R-2 | |
Minimum lot size (square feet) | 43,560 | 80,000 | 30,000 | 20,000 | |
Minimum lot frontage (feet) | 150 | 200 | 125 | 100 | |
Maximum lot depth-to-width ratio | 4:1 | 4:1 | 4:1 | 4:1 | |
Minimum yards (feet) | |||||
Front yard | 50 | 50 | 50 | 30 | |
Rear yard | 50 | 50 | 50 | 40 | |
Side yard (one) | 25 | 25 | 25 | 12 | |
Side yard (total combined) | 50 | 50 | 50 | 40 | |
Maximum lot coverage (percent) | 20% | 15% | 25% | 30% | |
Maximum building height | |||||
Stories | 2.5 | 2.5 | 2.5 | 2.5 | |
Feet | 35 | 35 | 35 | 35 | |
Schedule of Development Standards | |||||
|---|---|---|---|---|---|
Two-Family Dwellings — All Districts Where Permitted | |||||
Served by On-Lot Sewage | Served by Central/Community Sewage | ||||
Type of Structure | Side-by-Side | Over-Under | Side-by-Side | Over-Under | |
Minimum lot size (square feet per unit) | 43,560 | 43,560 | 10,000 | 10,000 | |
Minimum lot frontage (feet) | 200 | 150 | 100 | 85 | |
Maximum lot depth-to-width ratio | 4:1 | 4:1 | 4:1 | 4:1 | |
Minimum yards (feet) | |||||
Front yard | 30 | 30 | 30 | 30 | |
Rear yard | 40 | 40 | 40 | 40 | |
Side yard (one) | 12 | 12 | 12 | 12 | |
Side yard (total combined) | 40 | 40 | 40 | 40 | |
Maximum lot coverage (percent) | 30% | 30% | 25% | 30% | |
Maximum building height | |||||
Stories | 2.5 | 2.5 | 2.5 | 2.5 | |
Feet | 35 | 35 | 35 | 35 | |
Multifamily dwellings — See § 400-21 | |||||
Mobile home parks — See § 400-25 | |||||
Schedule of Development Standards C-1, C-2 and M-1 Districts | |||||
|---|---|---|---|---|---|
Where Permitted, Single-Family Dwellings with Central/Community Sewage Disposal and All Other Uses Permitted | |||||
Standards (other provisions of this chapter may require more-restrictive standards) | Where Permitted, Single-Family Dwellings with On-Lot Sewage | C-1 | C-2 | M-1 | |
Minimum lot size (square feet) | 43,560 | 10,000 | 20,000 | 20,000 | |
Minimum lot frontage (feet) | 150 | 50 | 100 | 100 | |
Minimum lot depth (feet) | None | 100 | 150 | 150 | |
Maximum lot depth-to-width ratio | 4:1 | 4:1 | 4:1 | 4:1 | |
Minimum yards (feet) | |||||
Front yard | 50 | 0 | 25 | 50 | |
Rear yard | 50 | 10 | 25 | 50 | |
Side yard | 25 | 5* | 15 | 20 | |
* | May be reduced to 0 feet for common walls of nonresidential buildings. |
Nonresidential Uses | |||||
|---|---|---|---|---|---|
Single-Family Dwellings with On-Lot Sewage | C-1 | C-2 | M-1 | ||
Maximum lot coverage (percent) — Single-family dwellings | 20% | 40% | NA | NA | |
Maximum lot coverage (percent) — Nonresidential uses, C-1 and C-2 — 10% of parking areas must be landscaped islands | NA | 100% | 75% | 75% | |
Maximum building height | |||||
Stories | 2.5 | 3 | 3 | 3 | |
Feet | 35 | 40 | 40 | 40 | |