Elizabethtown City Zoning Code
PART 9
CBD CENTRAL BUSINESS DISTRICT
§ 901 Intended Purpose.
[Ord. 766, 5/16/1996, § 9.1; as amended by Ord. 975, 6/16/2016]
The purpose of the Central Business District is to provide for a unified and organized arrangement of buildings, services and parking areas, together with adequate circulation and open space planned and designed as an integrated unit, in a manner so as to provide efficient, safe, convenient, and attractive shopping retail and service areas and to encourage and preserve the vitality of the Central Business District.
§ 902 Permitted Uses.
[Ord. 766, 5/16/1996, § 9.2; as amended by Ord. 814, 6/15/2000, § 1; by Ord. 882, 2/15/2007; by Ord. 946, 3/21/2013; by Ord. 975, 6/16/2016; by Ord. 983, 11/16/2017; by Ord. No. 1009, 4/6/2023]
1.
Dwelling units, provided they are located on or above the second-floor level of a nonresidential use in accordance with Part 13, supplemental regulations, and § 907.
2.
Financial institutions, excluding drive-in services and check-cashing establishments.
3.
Business and professional offices; professional occupations.
4.
Restaurants, tea rooms, cafes and other places serving food and/or beverages. Drive through services regulated by Part 14, Special Exceptions.
5.
Retail businesses, excluding pawn shops, whose principal activity is the sale of merchandise in an enclosed building.
6.
Retail sales in which both a workshop and/or repair shop and retail showroom are required.
7.
Funeral homes.
8.
Hotels and bed-and-breakfast establishments.
9.
Studios or galleries for the display and/or instruction of dance, art, music or similar cultural pursuits.
10.
Movie theaters and performing arts theaters.
11.
Indoor recreational facilities, excluding amusement arcades.
12.
Bakery, candy, pastry, confectionery or ice cream retail sales permitted.
13.
Public utility and communication uses where operation requirements necessitate locating within the district.
14.
Municipal buildings and facilities.
15.
Post offices.
16.
Clubs, lodges and fraternal organizations.
17.
Personal service establishments, excluding tattoo parlors and body piercing or branding establishments.
18.
Reproduction or copying services.
19.
Museums.
20.
Public libraries and library facilities.
21.
No-impact home occupations.
22.
Retail pet shops.
23.
Outdoor eating activity as an accessory use to a permitted principal use.
24.
Farm market.
25.
Short-term lodging accommodations in accordance with § 1332.
§ 903 Special Exceptions.
[Ord. 766, 5/16/1996, § 9.3; as amended by Ord. 882, 2/15/2007; and Ord. 946, 3/21/2013]
The following special exceptions may be permitted by the Zoning Hearing Board, following review and comment by the Planning Commission, pursuant to standards and criteria as set forth in the supplemental regulations, Part 13, and the special exception regulations, Part 14:
§ 904 Accessory Uses.
[Ord. 766, 5/16/1996, § 9.4]
An accessory structure or use on the same lot which is customarily incidental to a permitted principal use is permitted, with the exception of a home occupation, outdoor eating activity or drive-through service. Each accessory use shall comply with the provisions contained in the supplemental regulations.
§ 905 Conditional Uses.
[Ord. 766, 5/16/1996, § 9.5; as amended by Ord. 882, 2/15/2007; and Ord. 946, 3/21/2013]
The following conditional uses may be permitted by Borough Council, following review and comment by the Planning Commission, pursuant to standards and criteria as set forth in the supplemental regulations, Part 13, and the conditional use regulations, Part 15:
A.
Ground-floor dwelling units.
B.
Group homes for no more than eight individuals, including staff and supervisory personnel.
C.
(Reserved)
D.
Permitted uses utilizing greater than 10,000 square feet of gross floor area. Conditional use review is pursuant to the standards and criteria set forth in § 1516.
§ 906 Use Restrictions.
[Ord. 766, 5/16/1996, § 9.6]
The above-specified uses shall be permitted only under the following conditions:
A.
Such stores, shops and businesses shall be conducted within an enclosed building.
B.
Such uses, operations or products are not obnoxious or offensive by reason of the emission of gas, odor, dust, smoke, noise, vibration, refuse matter or other causes in accordance with § 1313.
C.
There shall be no manufacturing, compounding, processing or treatment of products other than that which is clearly incidental and essential to a retail store, and when all such products are sold on the premises.
§ 907 Conversion of Accessory Structures into Residential Units.
[Ord. 766, 5/16/1996; as added by Ord. 829, 11/15/2001]
Accessory buildings, such as garages, barns and sheds, may not be converted into residential units. Residential conversion can only occur within the applicable regulations contained in this Part.
§ 908 Minimum Height Requirements.
[Ord. 766, 5/16/1996, § 9.8; as amended by Ord. 946, 3/21/2013]
The minimum height requirement of a building shall be 35 feet.
§ 909 Lot Area, Lot Width and Impervious Coverage Regulations.
[Ord. 766, 5/16/1996, § 9.9; as amended by Ord. 946, 3/21/2013]
1.
Lot area, lot width and impervious coverage requirements of not less than the following dimensions shall be provided for each structure or use hereafter erected, established or altered for any use permitted within this district.
2.
No minimum lot area, lot width or impervious coverage requirement shall be required for any uses permitted within this district.
§ 910 Setback Regulations.
[Ord. 766, 5/16/1996, § 9.10; as amended by Ord. 946, 3/21/2013]
The following setback regulations apply to all uses permitted within this district unless otherwise specified herein:
A.
Front yard: none.
B.
Side yards: none.
C.
Rear yard: 10 feet from an alley.
D.
In an effort to preserve the existing character of the buildings within this district, those buildings located on North Market Street, between Hummel-stown Street and Summit Street, and East High Street, between Cherry Alley and Gladys Alley, may not encroach upon the front yard or side yards as they presently exist.
E.
Any new building constructed on a lot within this district or any substantially reconstructed or altered building, must maintain front yard and rear yard setbacks consistent with the predominant setbacks of neighboring buildings within the same block.
§ 911 Off-Street Parking/Access and Loading/Unloading.
[Ord. 766, 5/16/1996, § 9.11; as amended by Ord. 882, 2/15/2007; and by Ord. 946, 3/21/2013]
The following off-street parking regulations shall apply.
B.
Conversion of Existing Structures for Residential Units.
(1)
At least two off-street (nonpublic/nonmetered) parking spaces shall be provided for each residential unit created and existing residential units within the structure.
(2)
The required parking spaces shall be provided on the same lot as the principal building or within 400 feet of the lot. When off-lot parking is used to meet these requirements, the owners shall provide evidence that such parking is reserved for the applicant, and a written lease or agreement shall be submitted with a term that is satisfactory to the Zoning Officer.
C.
Loading and Unloading. No such facilities shall be designed, constructed or used in any manner so as to constitute a nuisance, public safety hazard or an impediment to traffic.
D.
Authority to Reduce Parking Requirements. The Borough Council may reduce the off-street parking requirements for residential structures as a conditional use following review and recommendation by the Planning Commission. Determination of parking requirements shall be based on the following criteria:
E.
Parking Location. Parking for all buildings that front a public street shall be to the rear or side of buildings, not in front of buildings, except for on-street curbside parking. Curb cuts shall be limited as determined by the Borough Council upon recommendation of the Borough Engineer.