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Green Lane City Zoning Code

ARTICLE VIII

BC Borough Commercial Districts

§ 415-32 Declaration of legislative intent.

In the expansion of the declaration of legislative intent contained in § 415-2, the intent of the Borough Commercial District is to encourage the retention and the future development of traditional commercial uses and neighborhood services. Furthermore, it is the intent of this article to preserve the existing streetscape of individual blocks through flexible regulations designed to promote existing building setbacks. The specific goals in this Borough Commercial District are to:
A. 
Preserve the historic architecture of the area;
B. 
Provide a pedestrian-friendly environment to foster a less vehicular-intensive linkage throughout the Borough Commercial District;
C. 
Provide safe and convenient vehicular access and parking;
D. 
Provide opportunities and flexible standards for commercial enterprises to assist in the establishment of a viable and flourishing business district.

§ 415-33 Permitted uses.

In the Borough Commercial District, a building may be erected, altered or used and a lot may be used or occupied for any of the following uses and no other:
A. 
Business and professional offices.
B. 
Bank or financial institutions; however, drive-in windows are not permitted unless authorized as a conditional use and in compliance with § 415-35A.
C. 
Retail establishment for the sale of dry goods, variety merchandise, clothing, food, baked goods, beverages, flowers, plants, drugs, hardware, books, furnishings or related items.
D. 
Sale and repair of watches, clocks, optical goods, musical, professional, electronic, computer or related scientific instruments.
E. 
Personal service shop: barbershop or beauty shop, custom tailoring, shoe repair or dry cleaning (provided that no cleaning operations are performed on the premises).
F. 
Liquor store.
G. 
Video rental store.
H. 
Restaurants, cafeterias or taverns, not to include drive-in restaurants.
I. 
Municipal or government office; public utility office.
J. 
Studio for dance, fitness, music, art or photography.
K. 
Undertaking or funeral establishments.
L. 
Clubs, lodges, fraternal organizations.
M. 
Educational, religious (including parsonage and church) or philanthropic uses.
N. 
Public library.
O. 
Laundromat.
P. 
Antique sales, repairs and restoration.
Q. 
Bed-and-breakfast home, bed-and-breakfast inn as a conditional use and in compliance with § 415-121.
R. 
Pet shop.
S. 
Single-family detached, semidetached (twin) or attached, developed pursuant to the dimensional standards of the Borough Residential (BR) Districts.
T. 
Apartment conversions; provided, that all residential units are located above a commercial use.
U. 
Day-care center in accordance with the provisions of § 415-120 hereof.
V. 
Parking lots, provided they are secondary to a primary use permitted herein.
W. 
Any use of the same general character as the permitted uses above by conditional use as specified in § 415-125 hereof.
[Amended 6-29-2009 by Ord. No. 2009-04]
X. 
Automotive repair, minor, meeting the following standards:
[Added 6-29-2009 by Ord. No. 2009-05]
(1) 
All motor vehicles, when not being repaired, must be kept in off-street parking spaces. No storage of motor vehicles is to be permitted on streets.
(2) 
All work permitted under "Automotive repair, minor," must be performed within a building.
(3) 
Tires, oil, antifreeze and similar items must be stored within a building.

§ 415-34 Permitted use dimensional standards.

The following standards shall apply to all permitted uses in the BC District:
A. 
The minimum lot size shall be 3,000 square feet.
B. 
The minimum lot width shall be 25 feet.
C. 
The building setback shall be 20 feet, measured from the ultimate right-of-way to the building line.
D. 
There shall be no side yard setback for buildings that share two party walls. For buildings that share one party wall with a neighbor, there shall be one side yard, not less than 10 feet in width, measured from the side building wall to the side lot line. For detached buildings, there shall be two side yards, not less than 20 feet in aggregate width and neither less than eight feet in width between a side building wall and the adjoining side lot line. In the instance of a corner lot, the side yard abutting a street shall be not less than 15 feet in width, measured from the side building wall to the ultimate right-of-way line of the abutting street. On a lot, the interior side lot line of which abuts a residential district, the side yard abutting such district shall have a width not less than that required in such adjoining district.
E. 
The minimum rear yard setback shall be 25 feet.
F. 
The maximum impervious coverage cannot be more than 75% of the lot area.[1]
[1]
Editor's Note: Original Subsection G, which immediately followed this subsection, was repealed 3-11-2004 by Ord. No. 2004-05.
G. 
No building whether permitted under §§ 415-33 and 415-35 shall exceed a total gross building area of 5,500 square feet.
[Added 3-11-2004 by Ord. No. 2004-05]

§ 415-35 Conditional uses.

A. 
Drive-in fast-food restaurant/bank teller meeting the following standards:
(1) 
A minimum of eight cars stacking area shall be provided, including the space at the pickup window.
(2) 
These spaces shall not interfere with other parking spaces or internal circulation on the site.
B. 
Gasoline service station meeting the following standards:
(1) 
All activities except those performed at fuel or air pumps shall be performed within an enclosed building.
(2) 
Fuel pumps shall be set back at least 25 feet from any ultimate right-of-way.
(3) 
No paint spraying or body work shall be permitted.
C. 
Drive-in convenience store meeting the following standards:
(1) 
Fuel pumps, if provided, shall be set back at least 25 feet from any ultimate right-of-way.
D. 
New or used car dealership meeting the following standards:
(1) 
No temporary storage of vehicles is to be provided on abutting highways.
(2) 
No parking or storage of vehicles or supplies may be located within 25 feet of the ultimate right-of-way of the street on which the dealership fronts.
E. 
Parking lots as primary use.

§ 415-36 Conditional use standards.

A. 
All new buildings or structures shall be designed to complement existing buildings in terms of scale, massing, style and material.
B. 
No outside storage, except seasonal items (such as nursery stock, produce, Christmas trees, etc.) shall be permitted.
C. 
Motor vehicles; provided, that they are screened from adjacent properties and streets, may be stored in rear or side yards only and the storage area shall be landscaped according to the screen planting requirements of the Chapter 370, Subdivision and Land Development.
D. 
The design of the entranceways/exitways and the parking lot shall be satisfactory to the Borough Engineer.

§ 415-37 Conditional use dimensional standards.

The following standards shall apply to conditional uses in the BC District:
A. 
The minimum lot size shall be 20,000 square feet.
B. 
The minimum lot width shall be 150 feet.
C. 
Gasoline service stations shall have minimum front yard setbacks of 40 feet.
D. 
All other permitted use dimensional requirements shall apply to the conditional uses; however, parking lots or garages shall be subject to the standards of § 415-38A of this chapter.

§ 415-38 Parking requirements.

In addition to the requirements found in Article XIV, Off-Street Parking and Loading, the following setback requirements shall apply:
A. 
The following setbacks apply to all parking lots or areas where cars are parked in the BC District:
(1) 
From the rear property line: five feet.
(2) 
Edge of any cartway if located on an alley: none.
(3) 
From the side property line: five feet.
(4) 
From the building: five feet.
B. 
The Borough Council can waive the ten-foot by twenty-foot dimensional requirements for parking spaces in this district and allow nine-foot by eighteen-foot size spaces; provided, that:
(1) 
The proposed lot will only serve commercial, multifamily, institutional or mixed commercial-residential uses.
(2) 
A site plan is submitted and its design is acceptable to the Council. In making its decision, the Council may consult with the Borough Planning Commission, Engineer or other appropriate agencies.
(3) 
When granting the waiver, the Council may place whatever reasonable restrictions on the plan that it deems appropriate.

§ 415-39 Height regulations.

[Amended 3-11-2004 by Ord. No. 2004-05; 6-29-2009 by Ord. No. 2009-06]
No building or structure shall exceed 35 feet in height. Height of uses accessory to dwellings shall be subject to § 415-114B.