Dubois City Zoning Code
ARTICLE II
Use Regulations
§ 450-3 General use regulations.
[Amended 11-24-2003 by Ord. No. 1669]
A.
Agriculture, animals and poultry. Unless otherwise controlled by City ordinance or regulation, operations involving the use of buildings and land for farming, gardening, nurseries, greenhouses, riding academies, livery or boarding stables, dog kennels, animal hospitals, stock raising, dairying and poultry shall be permitted in all districts, except where specifically prohibited, subject to the following safeguards and regulations:
(1)
Storage of manure or odor- or dust-producing substance shall not be permitted within 200 feet of any lot line.
(2)
Greenhouse heating plant (coal fired) shall not be operated within 100 feet of any lot line.
(3)
Buildings in which animals or poultry are kept shall not hereafter be erected within 200 feet of any lot line, with the exception of a veterinary establishment solely limited to facilities necessary to the temporary treatment of sick or otherwise ailing pets normally permitted within the house and yard and to include dogs, cats, canaries, parakeets and similar household pets; such veterinary establishment may be erected as close as 50 feet to any lot line.
(4)
The selling of products raised, bred or grown on the premises shall be permitted, provided that all stands or shelters used for such sales shall be removed during that period when not in use for the display of, or sale of products; unless otherwise permitted within a specific district.
B.
Clubs, lodges, and fraternal organizations. In districts where permitted, these and similar uses are restricted to those not conducted primarily for gain, although a dining room may be operated for the benefit of club members, provided that no sign advertising the sale of food or beverages will be permitted. Social activities normally accepted as a part of the organization's program but not open to the general public will be permitted. Buildings or structures hereafter converted or erected for such use are subject to all applicable regulations for the district in which the facility is to be located.
C.
Dumps and dumping. Dumps shall be permitted only when operated under authorization and strict supervision of the City Council.
D.
Public garages and filling stations. In districts where permitted these uses are subject to the following general regulations:
(1)
No bulk storage of gasoline or other volatile liquids shall be permitted above ground.
(2)
Underground storage shall be permitted to that which is necessary for the retail servicing of mobile equipment by means of mechanical measuring devices and/or pumps used to transfer liquids from underground storage to licensed or otherwise legally approved vehicles.
(3)
The liquid capacity of an underground storage facility shall not exceed 6,000 gallons. The maximum number of such facilities shall not exceed three.
E.
Manufacturing permit. In order that the Zoning Officer may have a reasonable basis upon which to approve a proposed industrial operation for conformity to the requirements of this chapter, the following data shall be submitted with an application for a permit:
(1)
Plot plan.
(2)
Architectural plan.
(3)
Description of operation.
(4)
Engineering and architectural plans for water supply and sewage disposal.
(5)
Plans for prevention or control of noise, vibration, glare, fire hazards, air pollution, water pollution, and traffic.
(6)
Proposed fuel.
(7)
Number of shifts and maximum employment per shift.
(8)
Additional pertinent data as may be required by the Zoning Officer.
F.
Mining. Deep mining shall be permitted only upon authorization of the City Council, as a result of a public hearing thereon by the City Council, duly advertised as provided by law, and requested by the owner of the land under question.
G.
Motels. In districts where permitted, motels shall be subject to the following safeguards and regulations:
(1)
No motel shall have a lot area less than one acre.
(2)
Motels shall utilize collective sewers connecting with an approved sewage disposal system.
(3)
Front, side and rear yards of the motel shall be permanently landscaped and maintained in good condition.
(4)
Cabins or parts thereof shall be placed no closer to any lot line than 30 feet.
(5)
The space between cabins or multiple units shall be not less than 20 feet and the space between the fronts or rears of cabins or multiple units shall be not less than 60 feet.
(6)
At least one parking space shall be provided on the premises for each accommodation. Off-street parking and loading spaces for other facilities developed on the motel premises shall be provided as required by Article IV.
(7)
Every cabin or unit shall be provided with running hot and cold water and toilet facilities.
(8)
With the application for a permit, a plan shall be submitted to the Zoning Officer showing the following:
H.
Multiple dwellings. Multiple dwellings shall be permitted, subject to the controls and/or regulations set forth for the specific district in which a request for permit for construction of, and/or conversion to, multiple housing is made. Where such housing is permitted, a conditional use shall be necessary. Issuance of the conditional use shall be subject to compliance with regulations as set forth in this chapter.
[Amended 11-20-2014 by Ord. No. 1798[1]]
[1]
Editor's Note: This ordinance provided that all uses previously permitted by special exception are reclassified as conditional uses.
I.
Municipal buildings and uses. This chapter shall not apply to any building of the City if the City Council shall decide that such building or extension thereof or such use of any premises is reasonably necessary for the convenience or welfare of the public.
J.
Public utility buildings and uses. This chapter shall not apply to any existing or proposed building or extension thereof used or to be used by a public utility corporation, if upon petition of such corporation the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. Essential services shall be permitted, without public hearing, as follows:
(1)
Essential services. The erection, construction, alteration, use and maintenance by municipal or governmental agencies and public utilities or public service corporations of such facilities as are reasonably necessary for the furnishing of adequate service by such agencies, utilities or public service corporations or for public health, safety or general welfare, including underground or overhead electrical, gas, steam or water transposal systems, including poles, wires, lines, mains, drains, sewers, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, gas regulator and measuring devices, including the structures in which they are housed, and other similar equipment and accessories in connection therewith, provided that any structure housing such equipment shall conform to the general character as to appearance and structural material of the other structures within the district, and further provided that such structure shall not include the storage of vehicles or equipment necessary to the normal maintenance, repair or installation for any utility. Structures shall not be permitted for the housing of transformers, pumps and similar equipment that cause any noise, odor, smoke or other hazardous effect. The installation of these "essential services" shall be permitted without the requirement of a public hearing by the Public Utility Commission, the City Council or the Zoning Hearing Board.
K.
Schools, hospitals, churches and other public buildings. In districts where permitted, these uses shall meet the following requirements:
(1)
Lot coverage. Lot area covered by all buildings, including accessory buildings, shall not be greater than 30% of the area of the lot.
(3)
Off-street parking. Parking shall be provided in accordance with the provisions of Article IV of this chapter. Portions of the required front-yard setback may be used for off-street parking when authorized as a conditional use.
[Amended 11-20-2014 by Ord. No. 1798[2]]
[2]
Editor's Note: This ordinance provided that all uses previously permitted by special exception are reclassified as conditional uses.
(4)
Service and access drives shall be at least 15 feet wide and not over 25 feet wide and shall be permitted to cross required yard areas, provided that the center line of the permitted drive shall not be at a lesser angle to the street line than 60°.
L.
Service stations; taverns.
(1)
No tavern or fueling pumps of an auto service station shall hereafter be located closer than 300 feet to any lot line of a school, hospital or public institution for human care.
M.
Swimming pool, private. Private swimming pools shall be a permitted accessory use in any district and shall comply with the following conditions and requirements:
(1)
The pool is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(2)
It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than 10 feet to any property line of the property on which located.
(3)
The swimming pool, or the entire property on which it is located, shall be so walled or fenced as to prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall is to be not less than four feet in height and maintained in good condition. When a fence is used, it shall not have any openings greater than four inches by six inches, except for approved gates, and when said fence is formed of metal or wire, such metal or wire shall be not less than number six gauge.
N.
Trailer camps. Trailer camps shall not be permitted.
O.
Trailers and/or mobile homes shall not be permitted in any district except when authorized as a conditional use[3] for a limited period of time, and when so authorized shall be subject to the following:
(1)
A temporary permit shall be required and said permit, if issued, shall indicate the period of time for which the exception was granted and, further, that no temporary permit shall be issued for any period exceeding one year. No temporary permit shall be granted for a trailer to be used for residential purposes.
(2)
Any person, firm or corporation holding a legal temporary permit may apply for an extension of time not to exceed 90 days. Such application shall set forth the reason or reasons necessitating the extension.
(3)
The Zoning Hearing Board shall grant an extension of the temporary permit time limit if, in its opinion, the person, firm or corporation encountered unforeseen circumstances deemed to be no fault of their own in carrying out the operations for which the original temporary permit was issued.
(4)
Storage and/or parking of trailers by owners thereof will be permitted on property on which said owner is resident and further subject to the following:
[3]
Editor's Note: All uses previously classified as permitted by special exception are reclassified as conditional use 11-20-2014 by Ord. No. 1798.
P.
Trailers existing prior to the effective date of this chapter shall be classified as nonconforming, and shall be subject to the following controls:
(1)
The space occupied by a nonconforming trailer shall not be deemed a trailer site and should it be vacated for any period of time exceeding 24 hours shall not thereafter be used for trailer purposes except as permitted by this chapter.
(2)
The addition of rooms, porches, terraces and/or other expansion facilities shall be prohibited.
§ 450-4 Prohibited uses.
As provided herein, a building may be erected, altered or used for any trade, industry or business that is not obnoxious or offensive by reason of odor, dust, smoke, gas, vibration, illumination or noise or otherwise creates a nuisance or hazard to public health, safety and welfare. In addition to uses that may be prohibited by reason of the above, the following uses are specifically prohibited:
A.
The incineration, reduction or storage of offal, animals, fish or similar objectionable refuse.
B.
The tanning or storage of rawhides or skins and fat rendering.
C.
The manufacture of gunpowder, fireworks, liquid gas, or other explosives excepting as may be a by-product of other manufacturing operations.
D.
Racetracks of all types.
E.
Slaughterhouses, stockyards and fertilizer plants.
F.
Junkyards, auto wrecking and/or salvage yards.
G.
Strip mining.
§ 450-5 Nonconforming uses.
A.
A certificate of nonconformance shall be issued by the Zoning Officer for all structures in conflict with the use designated for the zone in which they are situated, when requested by the owner of such structure.
B.
Continuation.
(1)
Any lawful use of a structure or land existing at the effective date of this chapter may be continued although such use does not conform to the provisions of this chapter.
C.
Extensions.
(1)
A nonconforming use of a building may be extended throughout the building if no structural alterations are made therein, provided that such extension may include structural alterations when authorized as a conditional use.[1]
[1]
Editor's Note: All uses previously classified as permitted by special exception are reclassified as conditional use 11-20-2014 by Ord. No. 1798.
(2)
A nonconforming use may be extended upon a lot occupied by such use and held in single and/or separate ownership at the effective date of this chapter when authorized as a conditional use,[2] provided that such extension does not replace a conforming use, and does not violate the yard requirements of the zone in which the new conforming use exists.
[2]
Editor's Note: All uses previously classified as permitted by special exception are reclassified as conditional use 11-20-2014 by Ord. No. 1798.
(3)
A nonconforming structure which violates the yard requirements of the zone in which it exists may be extended laterally so long as the extension does not increase the yard violation and the lateral extension does not exceed 50% of the existing structure's length parallel to the lot line.
D.
Changes. A nonconforming use of a building or land may be changed to use of an equal or more restricted classification.
E.
Restoration. A nonconforming structure that has been damaged or destroyed by fire, windstorm, lightning, or a similar cause deemed to be no fault of the owner may be rebuilt, provided that the owner applies for and receives authorization for such rebuilding from the Zoning Hearing Board, subject to the following:
(1)
If the damage is less than 75% of the real value prior to destruction, rebuilding may take place upon the original foundation; however, if any expansion is proposed and approved, the rebuilding shall be controlled by all setback and open space requirements for the district in which it is located and, when applicable, parking and loading requirements as set forth in Article IV of this chapter.
(2)
If the damage is greater then 75% of the real value prior to destruction, rebuilding shall conform with all the setback and space requirements for the district in which it is located and, when applicable, parking and loading requirements as set forth in Article IV of this chapter.
(3)
No rebuilding shall be undertaken as provided herein until plans and specifications for rebuilding have been presented and approved by the Zoning Hearing Board.
F.
Abandonment. If a nonconforming use of a building or land ceases for a period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter.
G.
Building permits for nonconforming uses. In a case where a building permit has been issued prior to the effective date of this chapter and the proposed use of land and/or building does not conform with this chapter, said proposed use shall be regulated by the nonconformance use requirements of this chapter and shall be considered the same as a lawful nonconforming use if construction other than excavation and foundations is undertaken within a period of 30 calendar days after the issuance date of said building permit and construction thereof is completed within 12 calendar months from the issuance date of the building permit.
§ 450-6 Height regulations.
A.
The height of any building may exceed the maximum permitted height by one foot for each additional foot by which the width of each yard exceeds the minimum yard regulation for the district in which the building is located.
B.
Height regulations shall not apply to spires, belfries, cupolas, penthouses or domes not used for skylights, water tanks constructed for the purpose of storing water, bulkheads, television antennas, silos, flagpoles not incidental to a wireless communications facility, and ornamental or necessary mechanical appurtenances.
[Amended 10-10-2016 by Ord. No. 1815]
C.
For all residential uses, accessory buildings shall not exceed 14 feet in height.
D.
No structure shall be hereafter erected less than one story in height.
§ 450-7 Floor areas (habitable).
A.
The minimum habitable floor area of a single-family detached dwelling hereafter erected shall be 600 square feet. Bathrooms, closets, utility rooms, basements, attics, hallways, stairways and unheated areas shall be floor area in excess of the 600 square feet required.
B.
In the case of apartment houses, the minimum habitable floor area shall be not less than 400 square feet per apartment, except those apartments designed for and occupied exclusively by one person shall contain not less than 300 square feet of habitable floor area. (See Article XVIII of this chapter, the definition of "floor area, habitable.")
§ 450-8 Lot area and access.
A.
In the case of a lot held in single and separate ownership at the effective date of this chapter which does not fulfill the requirements for the minimum area for the district in which it is located, a building may be erected or altered thereon when authorized as a conditional use.
[Amended 11-20-2014 by Ord. No. 1798[1]]
[1]
Editor's Note: This ordinance provided that all uses previously permitted by special exception are reclassified as conditional uses.
B.
In the case of a lot held in single and separate ownership at the effective date of this chapter, and/or the case of new development, which because of unusual conditions of slope, depth or width has difficulty in providing the required open spaces of the district in which it is located, the required open spaces may be decreased when authorized as a conditional use.
[Amended 11-20-2014 by Ord. No. 1798[2]]
[2]
Editor's Note: This ordinance provided that all uses previously permitted by special exception are reclassified as conditional uses.
C.
No lot area shall be so reduced that the area of the lot shall be smaller than herein prescribed.
D.
Access to lots. No dwelling shall hereafter be erected or altered unless there is direct access to it through an open space on the same lot. Such open space shall be at least 12 feet wide and shall extend from the dwelling to a public street or highway or to a private street or highway having a cartway so constructed and maintained that vehicles of all kinds may readily pass over it at all seasons of the year. For the purpose of this section, an alley shall not constitute a public street or highway.
§ 450-9 Special yard regulations.
A.
Front yards.
(1)
Each lot shall have a front yard as required in the district in which the lot is located, unless a greater front-yard (setback) restriction is or will be required by a major thoroughfares setback ordinance or any other City ordinance.
(2)
On corner lots, the required front yard on the one dimension may be reduced by an amount not to exceed 30% of the required front-yard depth.
(3)
When 40% or more of the frontage on one side of the street between two intersecting streets is improved with buildings that have a front yard which is greater or lesser than the required front yard in the district, no building shall project beyond the average front yard established; provided, however that a front-yard depth shall not be required to exceed 50% in excess of the front yard otherwise required in the district in which the lot is located.
B.
Structures in yard areas.
(1)
Rear dwelling. In a residence district, no building to the rear of and on the same lot with a main building shall be erected or used for residence purposes.
(2)
Accessory building. Accessory buildings shall not be constructed within any front or side yard, unless authorized by a conditional use. Accessory buildings may be constructed in rear-yard areas but not closer than 15 feet to the rear lot line.
[Amended 11-20-2014 by Ord. No. 1798[1]]
[1]
Editor's Note: This ordinance provided that all uses previously permitted by special exception are reclassified as conditional uses.
(3)
Projections. No principal building and no part of a principal building shall be erected within or shall project into the front, side or rear yard of a lot, except cornices, eaves and gutters. Steps and stoops or chimneys are permitted to project into yard areas, provided that the projection is not more than 18 inches.
(4)
Vision obstruction. No walk, fence, sign or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained or permitted, which may cause danger to traffic on a street or public road by obscuring the view.
(5)
Fences and walls. No fence or wall (except a retaining wall or wall of a building permitted under the terms of this chapter) over four feet in height shall be erected within any of the open spaces required by this chapter, with the following exceptions:
(a)
Within the side and rear yards to a height of seven feet and set back a minimum of one foot from the property line.
(b)
Within any required open space to a height of seven feet when that portion of the fence or wall exceeding four feet in height contains openings equal to 50% or more of the area of the fence or wall above four feet and set back a minimum of one foot from the property line.
C.
Buffer yards required in addition to other spaces in industrial districts.
(1)
Where an industrial district abuts a residential district, a buffer yard of not less than 30 feet shall be required.
(2)
Where an industrial district abuts a street that abuts a residential district, a buffer yard of not less than 15 feet shall be required.
(3)
Where an industrial district abuts a stream, a buffer yard of not less than 15 feet shall be required.
(4)
All of the foregoing buffer yards shall be planted and maintained with a vegetative material to include a row of trees not more than 40 feet on center. It shall be the responsibility of the property owners to select trees and/or shrubs for planting of buffer areas. However, to protect public sewers, waterlines, appurtenant structures, and to ensure the continuing safe use of sidewalks, curbs and other paved areas, the following trees shall not be planted in buffer areas:
(5)
Buffer yards other than interior side or rear buffer yards may be crossed by access roads and service drives not more than 35 feet in width, provided that the angle of the center line of the road or drive crosses the lot line and buffer yard at not less than 60°.
§ 450-10 Courts.
A.
Where a court is provided for the purpose of furnishing adequate light and air, or where a court is otherwise provided, such court shall conform to the requirements of this section.
B.
An open space in the form of an inner court or outer court shall be provided in connection with any building in any residence or business district wherever any room therein in which a person or persons live, work, sleep or congregate cannot be adequately lighted and ventilated from the street or yard. Such court shall be adjacent to such room, the windows of which shall open in such court.
C.
Outer court.
(1)
The width of any outer court upon which windows from a living room, bedroom or dining room open shall be not less than the height of any opposing wall forming said court. The depth of an outer court formed by walls on three sides shall be not greater than 1 1/2 times the width.
(2)
The width of any outer court shall be not be less than 2/3 the height of any opposing wall forming said court, and the depth shall not be greater than 1 1/2 times the width.
D.
Inner court.
(1)
The least dimensions of an inner court shall not be less than the full height of the walls enclosing such court, but not less than 50 feet.
(2)
An open and unobstructed passageway shall be provided at the grade level of each inner court. Such passageway shall have a cross-section area and sufficient headroom to permit the passage of firefighting equipment and shall be continuous from the inner court to a yard or an unobstructed open area between buildings.
§ 450-11 Drainage strips.
A.
In all districts, no permanent structure shall be permitted within 15 feet of any stream or existing natural drainage channel.
B.
If normal agriculture operations require a fence to cross a stream or drainage channel, such fence shall be permitted only if it does not restrict the natural flow of water.
§ 450-12 Control of traffic and protection of public safety.
[Amended 7-24-1995 by Ord. No. 1544]
The application for a building permit, except one-family use, shall be accompanied by a site plan showing building location, service and parking areas and access to highways; said plans shall bear evidence of approval by the Planning Commission. Where a driveway or access road gives access to a state road or highway, approval by the Pennsylvania Department of Transportation shall also be required.
§ 450-13 Conversion apartments.
Any building existing at the effective date of this chapter in a district permitting conversion apartments may be converted to a dwelling for more than one family, providing that:
A.
The lot area per family shall conform to the regulations for the district in which located.
B.
There is no exterior evidence of change in the building except as required by building or housing codes.
C.
Fire escapes, where required, shall be in the rear or at the side of the building and shall not be located on any wall facing a street.
§ 450-14 (Reserved) [1]
§ 450-15 Conditional uses.
[Amended 7-24-1995 by Ord. No. 1544]
Where the City Council in this chapter has stated conditional uses to be granted or denied by the City Council pursuant to express standards and criteria, the City Council shall hold hearings on and decide requests for such conditional uses in accordance with such standards and criteria. In granting a conditional use, the City Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.