Dubois, PA Zoning Ordinance

[Amended 9-27-2004 by Ord. No. 1683]

The following uses shall be permitted only if they do not cause objectionable impact due to odor, dust, smoke, noise, vibration or other similar causes, and there shall be no manufacture, compounding, processing or treatment of products other than that which is clearly incidental and essential to a use and when all such products are sold at retail on the premises.

Permitted uses.

(1)

Multifamily residential use (three or more units) only, subject to controls and restrictions set forth herein.

(2)

Public garage and motor vehicle filling stations (see Article II, § 450-3), hotels, motels, restaurants, drive-in restaurants, supermarkets, theatres, laundromats, commercial laundries and dry cleaning plants, and drugstores.

(3)

Business offices for the conduct of finance and banking; insurance sales and claims; utility services; advertising services; printing, binding and copying services; government services and stenographic services.

(4)

Offices for the conduct of professional services, such as legal, medical, psychological, therapy, dental, orthodontic, real estate, engineering and architectural, with the exception of methadone treatment facilities and other drug treatment facilities of any kind, which shall be prohibited in the Commercial Highway Zoning District.

[Amended 11-27-2007 by Ord. No. 1720]

(5)

Retail stores, shops and boutiques, including but not limited to grocery stores.

(6)

Schools and related uses.

(7)

Other uses similar in character to those enumerated above.

Conditional uses.

(1)

Shopping centers with any of the uses allowed within the Commercial Highway District, subject to the following requirements:

(a)

The subject property shall front on an arterial or collector road, and all access drives shall be set back at least 200 feet from the intersection of any street right-of-way lines;

(b)

Both public sewer and public water shall be utilized;

(c)

Off-street parking spaces shall be provided at a rate of one per 200 square feet of gross floor area;

(d)

Off-street loading shall be provided at a rate of one space per 25,000 square feet, or fraction thereof, of gross floor area;

(e)

In addition to vehicular access to the property, the applicant shall be required to design and construct on-site connections to adjoining sidewalks;

(f)

Unless deferred by the City Council, the applicant shall be required to provide an improved bus stop along any established route of public bus transport;

(g)

Adequate lighting shall be provided for the security of patrons that will be arranged so as not to cast glare onto adjoining roads and properties. Such lighting must comply with the requirements of § 450-103G of this chapter;

(h)

The proposed shopping center shall comply with the following standards:

Shopping Center Design Requirements
Minimum lot area for total site	5 acres
Minimum lot area for individual outparcels	1 acre
Minimum lot width for total site	250 feet
Minimum lot width for individual outparcels	100 feet
Maximum permitted building coverage	30%
Maximum permitted lot coverage (all impervious surfaces)	93%
Minimum required front-yard setback for buildings, off-street loading and waste receptacles	60 feet
Minimum required side-yard setbacks for buildings, off-street loading and waste receptacles	25 feet on all sides
Minimum required rear-yard setback for buildings, off-street loading and waste receptacles	20 feet
Minimum required setbacks for off-street parking spaces	5 feet
Maximum permitted height	40 feet

(i)

Signage within the shopping center shall be provided in accordance with the following standards:

Shopping Center Sign Requirements
Sign Type	Maximum Number Permitted	Maximum Permitted Sign Area	Other Requirements
Freestanding shopping center sign	1 per street frontage	1 square foot per 2 lineal feet of storefront, up to 225 square feet maximum	No less than 20% of the sign area (per side) shall display the shopping center name.
Anchor tenant sign (for use with more than 150 lineal feet of storefront)	Six per side facing a street up to a maximum of seven signs	1 square foot per 1 lineal feet of storefront up to a maximum of 300 square feet	These signs shall only be provided as flat wall, wall projecting or roof signs.
Storefront sign (for use with up to 150 lineal feet of storefront)	1 per side facing a street up to a maximum of two signs	2 square feet per 1 lineal feet of storefront up to a maximum of 150 square feet	These signs shall only be provided as flat wall, wall projecting or roof signs.
Under-canopy signs for all uses	1 per 100 lineal feet of storefront	4 square feet per sign	No under-canopy sign shall have a vertical dimension of more than 18 inches from its lowest to highest point. The base of an under-canopy sign shall be no less than 8 feet 6 inches above the finished grade below such sign.
Outparcel signs for principal freestanding uses sharing common vehicular access with the shopping center	2 per principal use but 1 per wall	No more than 20% of the area of the wall	These signs shall only be provided as flat wall signs, wall projecting signs or roof signs.
For the purposes of this table, the following lists definitions of various sign types.
FREESTANDING SIGN — Any sign erected upon a permanently affixed independent structure (legs or base) so that such structure is the main support of the sign.
FLAT WALL SIGN — A sign erected or displayed on or parallel to the surface of a building.
WALL PROJECTING SIGN — Any sign mounted upon a building so that its principal face is not parallel to the building wall.
ROOF SIGN — A sign erected or displayed upon the roof of any building or structure or a wall sign, a portion of which exceeds the height of the building.

(j)

In reviewing applications for shopping centers, the City shall require approval of a conditional use in accordance with the requirements set forth in this section and the general regulations listed in Subsection B(5) of this section. Once the shopping center has gained conditional use approval, any change in occupancy that does not affect the layout of the site (except for the changing of outdoor signs) does not require another conditional use approval. Any change that affects the layout of the site will require another conditional use approval.

(2)

Home improvement and building supply stores, subject to the following requirements:

(a)

The subject property shall front along an arterial or collector road or be part of a shopping center with direct vehicular access to an arterial or collector road;

(b)

The exterior retail sales area shall be all areas open for public display, including, but not limited to, shelves, racks, bins, stalls, tables, and booths, plus any adjoining aisles or walkways from which consumers can inspect items for sale that are not within a completely enclosed building;

(c)

Off-street parking shall be provided at the rate of one space for each 200 square feet of gross floor area, plus one space for each 500 square feet of exterior retail sales area;

(d)

Off-street loading space shall be provided at a rate of one space per each 25,000 square feet, or fraction thereof, of gross floor area;

(e)

All exterior retail sales areas shall include a dust-free surface and a completely-enclosed minimum six-foot-high fence;

(f)

All exterior storage and retail sales area (exclusive of nursery and garden stock) shall be screened from adjoining roads and properties;

(g)

The applicant shall furnish expert evidence that any exterior amplified public address system will comply with § 450-104A of this chapter;

(h)

The applicant shall furnish expert evidence that any exterior lighting has been arranged and designed so as to comply with § 450-103G of this chapter;

(i)

Any drilling, cutting, sawing, mixing, crushing, or other preparation of building materials, plus any testing or repair of motorized equipment, shall be conducted within a completely-enclosed building;

(j)

The applicant shall submit a working plan for the collection, recycling and disposal of litter and wastes.

(k)

The proposed use shall comply with the following design standards:

Home Improvement and Building Supply Store Design Requirements
Minimum lot area	2 acres
Minimum lot width	200 feet
Maximum permitted building coverage	30%
Maximum permitted lot coverage (all impervious surfaces)	93%
Minimum required front-yard setback for buildings, off-street loading, exterior retail sales area and waste receptacles	60 feet
Minimum required side-yard setbacks for buildings, off-street loading, exterior retail sales area and waste receptacles	25 feet on all sides
Minimum required rear-yard setback for buildings, off-street loading, exterior retail sales area and waste receptacles	20 feet
Minimum required setbacks for off-street parking spaces	5 feet
Maximum permitted height	40 feet

(l)

The proposed use shall comply with those general regulations listed in Subsection B(5) of this section.

(3)

Grocery stores having a minimum floor size of 50,000 square feet that are part of a shopping center may offer motor vehicle filling pump islands, subject to the following specific criteria:

(a)

The applicant shall demonstrate that the handling, storage, dispensing and disposal of fuels, oils and other related fluids will be accomplished in a manner that complies with all applicable local, state and federal regulations;

(b)

No fueling pumps shall be located closer than 300 feet to any lot line of a school, hospital or public institution for human care;

(c)

The applicant shall prepare and continuously implement a working plan of the collection and proper disposal of litter and debris;

(d)

If an outside public address system is to be utilized, the applicant shall submit evidence that the proposed public address system use will be designed and operated in a manner to comply with the standards relating to sound contained in § 450-104A of this chapter;

(e)

Off-street parking shall be provided at the rate of two spaces per each fuel pump nozzle;

(f)

The location and arrangement of the proposed fuel islands and related access drives shall not cause traffic backup onto adjoining roads or interfere with safe and convenient access to the off-street parking lot associated with the grocery store;

(g)

(h)

The motor vehicle filling operation shall be supervised with on-site personnel at all times during hours of operation;

(i)

No servicing or cleaning of vehicles or the sales of vehicle parts shall be permitted aside from those items normally incidental with vehicle fueling activities (e.g., oil, coolant, washer fluid, gas treatment, pressurized air, etc.); and

(j)

The proposed use shall comply with those general regulations listed in Subsection B(5) of this section.

(4)

Commercial recreation facilities, subject to the following criteria:

(a)

If the subject property contains more than two acres, it shall front on an arterial or collector road or be part of a shopping center that has direct vehicular access to an arterial or collector road;

(b)

Those uses involving outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual impacts on adjoining properties;

(c)

(d)

Structures exceeding the maximum permitted height may be permitted, so long as they are set back from all property lines at least the horizontal distance equal to their height, plus an additional 50 feet. Furthermore, such structures shall not be used for occupancy;

(e)

The applicant shall furnish qualified evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust and pollution;

(f)

(g)

Required parking will be provided in accordance with Article IV of this chapter. In addition, the Council may require an unimproved, grassed, overflow parking area to be provided for peak-use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads;

(h)

Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If at any time after the opening of the commercial recreation facility the Council determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Council can require the applicant to revise means of access to relieve the undue congestion;

(i)

Any outside pedestrian waiting lines shall be provided with a means of shade; and

(j)

The proposed use shall comply with those general regulations listed in Subsection B(5) of this section.

(5)

All conditional uses permitted within this Subsection B shall demonstrate compliance with the following criteria and submit the necessary materials to verify that:

(a)

The proposed use will not adversely affect the safe function of adjoining streets and intersections through the preparation of a qualified traffic study;

(b)

The proposed use has sufficient off-street parking and loading on the subject property;

(c)

The proposed access drive(s) are located and designed so as not to obstruct traffic flow on adjoining roads;

(d)

The proposed use will not constitute a detriment to the neighborhood or the use of surrounding properties; and

(e)

Unless specified with the respective conditional use criteria, the proposed use complies with all other rules and regulations of the Commercial Highway District without exception.

Dubois City Zoning Code

ARTICLE XIII

§ 450-81 Uses permitted.

§ 450-82 Height regulations.

§ 450-83 Yard regulations.

§ 450-84 Coverage regulations.

§ 450-85 Off-street parking.

§ 450-86 Loading and unloading space.