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Lewistown City Zoning Code

ARTICLE IV

R-1 Residential Districts

§ 240-14 Applicability of regulations.

In R-1 Residential District the regulations which follow in this Article IV and the regulations which are set forth in Articles IX and X shall apply.

§ 240-15 Buildings or uses.

[Amended 5-19-1975 by Ord. No. 75-6; 3-24-1986 by Ord. No. 86-2; 1-11-2021 by Ord. No. 2020-8]
A. 
Single principal building or single principal use. A lot may be used only for one of the following principal buildings or principal uses:
(1) 
Single-family house.
(2) 
Cemetery; church; public library; public museum; public school; nonprofit charitable or religious hospital, or municipal or public hospital, which does not primarily treat patients with contagious diseases, drug or alcohol patients, or mentally ill or mentally retarded patients.
(3) 
Playground; municipal recreation park.
(4) 
Electric substation; telephone exchange; or any other like utility station or exchange.
B. 
Accessory buildings and accessory uses. The accessory buildings and accessory uses permitted on a lot are those which are customarily incidental to the principal building or principal use on the lot. By way of example, in the case of a single-family house the following accessory buildings and accessory uses are permitted on the lot with the house: off-street parking spaces, private garage, carport, storage shed, toolshed, residential swimming pool, cabana, gazebo, garden, garden house, greenhouse, plant nursery, tree nursery.
C. 
Special exceptions. A lot may be used for the following principal building or principal use: Senior citizens center (which primarily provides at least three of the following activities, programs or services for the elderly: counseling, education, health, nursing, nutrition, recreation, referral, religious, self-development or social welfare activities, programs or services for the elderly) when authorized as a special exception by the Zoning Hearing Board and under such appropriate safeguards and conditions attached by the Zoning Hearing Board as it deems necessary. In determining whether a special exception is to be granted or denied, the Zoning Hearing Board shall take into consideration whether such building or use will be appropriately located and designed in light of the surrounding uses in the neighborhood and the character of the neighborhood, will meet a community need without substantially adversely affecting the essential character of the neighborhood, and will be consistent with the surrounding uses in the neighborhood and the character of the neighborhood so as to conserve the objective value of maintaining existing local groupings of consistent uses and yet encourage the most appropriate or effective use of the land.
D. 
Conditional uses. A home occupation may be conducted in a house or in an accessory building, or a professional office or professional studio may be maintained in a house or in an accessory building, when authorized as a conditional use by Borough Council and under such appropriate safeguards and conditions attached by Board Borough Council as it deems necessary.
E. 
Prohibited uses.
(1) 
No garden produce and no greenhouse or nursery product shall be sold at retail. No garden produce and no greenhouse or nursery product shall be permitted to be sold at wholesale unless:
(a) 
The sale is made from the lot or a house or accessory building permitted on the lot where the produce or product was grown; and
(b) 
The sale is made during the season the produce or product was grown.
(2) 
No stand, display booth, table or the like shall be maintained outdoors for the sale.

§ 240-16 Lot area and lot width for principal buildings or principal uses.

A. 
Single-family house. The lot area for a single-family house shall be not less than 6,000 square feet. The lot width at the building line shall be not less than 50 feet in width.
B. 
Other principal buildings or principal uses. No minimum lot area and no minimum lot width are fixed except as the regulations in §§ 240-18, 240-19 and 240-20 and the regulations in Article IX may directly or indirectly establish the minimum lot needed to meet the regulations.

§ 240-17 Building height.

[Amended 3-24-1986 by Ord. No. 86-2]
A. 
Single-family house. The building height of a single-family house shall not exceed 35 feet.
B. 
Other principal buildings. The building height of a principal building other than a single-family house shall not exceed 45 feet.
C. 
Accessory buildings. The building height of an accessory building shall not exceed the height of the principal building or 21 feet, whichever is less.

§ 240-18 Building area.

The building area on a lot shall not exceed 30% of the lot area.

§ 240-19 Front, side and rear yards for principal buildings.

[Amended 3-24-1986 by Ord. No. 86-2]
A. 
Front yard. There shall be a front yard, the depth of which to the building line shall be not less than 25 feet. However, the depth of the front yard to the building line may be decreased under § 240-53A in the case where more than 50% of the residential frontage of a block has been improved as of September 13, 1954.
B. 
Side yards.
(1) 
A single-family house shall have two side yards (one at each side of the lot), the width of each of which shall be not less than five feet.
(2) 
A principal building other than a single-family house shall have two side yards (one at each side of the lot), the width of each of which shall be not less than 10 feet. If the building height of the building is over 35 feet, the width of each side yard shall be increased two feet for each five feet, or fraction thereof, by which the building height exceeds 35 feet.
(3) 
In the case of a corner lot at the intersection of two streets, the width of the side yard on the street side shall be not less than 15 feet or the depth established under § 240-53A, whichever is less.
(4) 
In every case under Subsection B(1), (2) or (3) above, the total width of the two side yards in the aggregate shall equal not less than 20% of the lot width measured at the building line.
C. 
Rear yard. There shall be a rear yard, the depth of which shall be not less than five feet.

§ 240-20 Off-street parking.

[Amended 5-19-1975 by Ord. No. 75-6; 3-24-1986 by Ord. No. 86-2]
A. 
Spaces required. Off-street parking spaces for passenger motor vehicles shall be provided in the following amounts for the following principal buildings or principal uses:
(1) 
For a single-family house, one off-street parking space shall be provided.
(2) 
For a church, off-street parking spaces shall be provided at the rate of one parking space for each nine seats or each 15 feet of benches or pews in the sanctuary and one parking space for each church official residing on the premises.
(3) 
For a public library or a public museum, off-street parking spaces shall be provided at the rate of one parking space for each two employees and such additional parking spaces for patrons or visitors as shall be determined by the Department.
(4) 
For a public school, off-street parking spaces shall be provided at the rate of: one parking space for each two employees (including teachers and administrators) and such additional parking spaces for students and visitors as shall be determined by the Department.
(5) 
For a hospital, off-street parking spaces shall be provided at the rate of one parking space for each four patient beds; one parking space for each resident doctor or staff doctor; one parking space for each doctor with hospital privileges; and one parking space for each two employees (including nurses) on the largest work shift.
(6) 
For a playground or a municipal recreation park, or for an electric substation or telephone exchange, off-street parking spaces shall be provided as determined by the Department, taking into consideration all the parking generating factors involved.
(7) 
For a senior citizens center, off-street parking spaces shall be provided at the rate of one parking space for each administrator, executive director or staff member; one parking space for each two employees who are not administrators, executive directors or staff members; one parking space for each visiting doctor, visiting nurse or other like visiting specialist; one parking space for each 300 square feet of floor space used for dining rooms, game rooms, activity rooms, counseling rooms, clinics, health stations, lounges, meeting rooms, or assembly rooms; and one parking space for each passenger or commercial motor vehicle used in connection with the operation of the senior citizens center.
B. 
Location of off-street parking spaces. The off-street parking spaces required by Subsection A of this section shall be provided on the same lot with the principal building or principal use and may be provided by a private garage on the lot. The location on the lot of an off-street parking space and the design of an off-street parking space shall be governed by the regulations in §§ 240-51, 240-53 and 240-54.