Lewistown City Zoning Code
ARTICLE IX
General Regulations
§ 240-50 Exemptions.
A.
Public utility corporation. This chapter shall not apply to any lot or 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, determine that the lot or the existing or proposed building or extension thereof is reasonably necessary for the convenience or welfare of the public.
B.
Borough of Lewistown. This chapter shall not apply to any lot or to any existing or proposed building or extension thereof used or to be used by the Borough of Lewistown if the Borough Council shall, after a public hearing, determine that the lot or the existing or proposed building or extension thereof is reasonably necessary for the convenience or welfare of the public.
§ 240-51 Open space fire aisle.
[Amended 3-24-1986 by Ord. No. 86-2]
A.
In order to permit reasonably unobstructed access by firemen and firefighting equipment to a principal building (and conversely, in order to permit reasonably unobstructed egress by persons in the building), and irrespective of any other requirement for a yard or other open space on a lot, any lot having a building shall have an open space fire aisle not less than 12 feet wide and running from at least one exit door of the principal building on the lot (or in the case of multiple principal buildings on the lot, running from at least one exit of each principal building) to the street line. In the case of a community garage on a reverse lot, the open space fire aisle shall run from the community garage to the alley.
B.
There is no requirement that the open space fire aisle follow a straight line, be the shortest distance between points, or be graded or surfaced. However, unusually circuitous fire aisles, excessive distances of fire aisles between points, and fire aisles over steep slopes or rough terrain are to be avoided. In the case of multiple principal buildings on a lot, the open space fire aisle from one building may be linked to the open space fire aisle from another building, and so on from building to building on the lot.
C.
The open space fire aisle may be comprised of any open space or combination of open space on the lot as, for example, yards, vehicle access drives, vehicle maneuvering areas, driveways, sidewalks, unroofed patios, and off-street loading spaces. However, the following features are not permitted in the open space fire aisle: an off-street parking space (irrespective of whether the off-street parking space is outdoors and not covered with a roof), an outdoor swimming pool, or any other feature which would unreasonably obstruct day or night access or egress through the open space fire aisle. [See also § 240-53B(2), (3), (4), (5) and (8)(b).]
§ 240-52 Open space required for certain courts.
A.
Outer court. If an outer court is used or intended to be used to provide light and ventilation for a room used or intended to be used for cooking, living or sleeping purposes, the outer court shall be not less than five feet wide and five feet deep at the floor level of the lowest room served by the court, and both the width and the depth of the outer court shall be increased four inches for each one foot in height by which all the walls of the court extend above the floor level next above the lowest room served by the court.
B.
Inner court. If an inner court is used or intended to be used to provide light and ventilation for a room used or intended to be used for cooking, living or sleeping purposes, the inner court shall be not less than 10 feet wide and 10 feet deep at the floor level of the lowest room served by the court, and both the width and the depth of the inner court shall be increased six inches for each one foot in height by which all the walls of the court extend above the floor level next above the lowest room served by the court.
§ 240-53 Yards; yard and open space encroachments.
[Amended 3-24-1986 by Ord. No. 86-2]
A.
Permitted decrease of front yard. Where in any Residential District more than 50% of the residential frontage of any block has been improved as of September 13, 1954, with residential buildings having front yards of a depth less than that required in that particular district, the depth of a front yard for a proposed building in that block may be decreased to a depth equal to the average of the front yard depths of the existing residential buildings in the block.
B.
Yard and open space encroachments by buildings, structures and other features. Every part of a required front yard, side yard and rear yard (from their lowest points upward), and every part of any other required open space (from its lowest point upward), shall be open and unobstructed by any building or structure or part thereof, except as follows:
(1)
Cornices, eaves, gutters, chimneys and flues may project not more than two feet over or into any required yard or other required open space, provided that pedestrian passage through the yard or open space is not thereby obstructed.
(2)
Bay windows which do not extend through more than one story and do not obstruct pedestrian passage to or through any yard or open space, and do not obstruct pedestrian passage from one yard or open space to another, may project not more than five feet over or into any required yard or other required open space, except the open space fire aisle required under § 240-51, the open space required for an inner court under § 240-52B, and the clear sight distance triangle required under § 240-53B(8)(c).
(3)
Roofed (but otherwise unenclosed) steps from doorways opening to the outdoors and which do not obstruct pedestrian passage to or through any yard or open space, and which do not obstruct pedestrian passage from one yard or open space to another, may project not more than five feet into any required yard or other required open space, except the open space fire aisle required under § 240-51 and the clear sight distance triangle required under § 240-53B(8)(c).
(4)
Roofed (but otherwise unenclosed) porches, decks or terraces which do not extend through more than one story and are located at ground level, and which do not obstruct pedestrian passage to or through any yard or open space, and do not obstruct pedestrian passage from one yard or open space to another, may project not more than five feet into any required yard or other required open space, except the open space fire aisle required under § 240-51 and the clear sight distance triangle required under § 240-53B(8)(c).
(5)
Roofed (but otherwise unenclosed) fire balconies or fire escapes which do not obstruct pedestrian passage to or through any yard or open space, and do not obstruct pedestrian passage from one yard or open space to another, may project not more than five feet into any required yard or other required open space, except the open space fire aisle required under § 240-51 and the clear sight distance triangle required under § 240-53B(8)(c).
(6)
In a Residential District, an accessory building may be located in one side yard if the maximum building area will not thereby be exceeded and if the accessory building is completely detached from the principal building and is located at least 10 feet back of the rear line of the principal building as projected to the side lines of the lot. However, in the case of a side yard along a street, no accessory building shall be located in that side yard. In the case of a side yard along an alley, an accessory building may be located in that side yard, but the accessory building shall be located at least five feet from the side line of the lot.
(7)
In a Residential District, an accessory building may be located in a rear yard if the maximum building area will not thereby be exceeded and if the accessory building is completely detached from the principal building and is located at least 10 feet back of the rear line of the principal building as projected to the side lines of the lot. In the case of a rear yard along an alley, the accessory building shall be located at least five feet from the rear line of the lot.
(8)
Walks; steps for negotiating ground slopes; retaining walls; post and rail fences, chain-link fences, and other like noncuts; fences; curtain fences or curtain walls; unroofed terraces or patios; structures used for gardening, ornamental or recreational purposes; hedgerows, shrubs, trees and other plantings; vehicle access drives and vehicle maneuvering areas; and other like structures, services or features which are customarily incidental to the principal building or principal use are permitted in any required yards and other required open spaces, except that:
(a)
Curtain fence or curtain wall. Except for a retaining wall, no curtain fence or curtain wall shall be more than 6.5 feet in height above: (1) the ground level of the fence or wall line or (2) the ground level of that lot line of the abutting lot (or that right-of-way line of the abutting street, alley, or the like) which the fence or wall line will parallel, whichever ground level of (1) or (2) is the higher — unless that part of the fence or wall which exceeds 6.5 in height contains clear openings equal to not less than 40% of the area of that part.
(b)
Open space fire aisle. No sign, fence, wall (other than a retaining wall), hedgerow or other structure, planting or feature which is more than three feet in height shall be located within the open space fire aisle required by § 240-51.
(c)
Clear sight distance triangle. In a Residential District, on a corner lot at the intersection of two streets or two alleys or a street and an alley, no sign, fence, wall, hedgerow or other structure, planting or feature which is more than three feet in height shall be located within the clear sight distance triangle. The clear sight distance triangle is that triangular area on a corner lot (in a Residential District) which is formed by the intersecting right-of-way lines of streets or alleys and by a straight line drawn between the right-of-way lines from points on the right-of-way lines which are six feet distant from the point of intersection of the right-of-way lines.
C.
Yard and open space encroachments by off-street parking spaces.
(1)
Residential Districts. In a Residential District, no off-street parking space shall be located within five feet of the street line, and only the minimum number of off-street parking spaces which are required by this chapter for a particular building or use, plus one additional space, may be located in the front yard. No off-street parking space shall be located within three feet of the side lines of the lot or within five feet of the rear line of the lot. No off-street parking space shall be located within the open space fire aisle required by § 240-51. No off-street parking space shall be located so as to obstruct pedestrian passage from exit doorways to the outdoors, pedestrian passage to or through any yard or open space, or pedestrian passage from one yard or open space to another.
(2)
Commercial Districts and Manufacturing and Industrial Districts. In a Commercial District and in a Manufacturing and Industrial District, no off-street parking space shall be located within three feet of the street line. Any number of off-street parking spaces may be located in a front yard. However, no off-street parking space shall be located within the open space fire aisle required by § 240-51 or the direct access open space required by § 240-32A(1)(b). No off-street parking space shall be located so as to obstruct pedestrian passage from exit doorways to the outdoors, pedestrian passage to or through any yard or open space, or pedestrian passage from one yard or open space to another.
§ 240-54 Off-street parking spaces and off-street loading spaces; design standards and change in requirements.
A.
Design standards. Each off-street parking space shall be not less than eight feet in width and 18 feet in length. Each off-street loading and unloading space shall be not less than 10 feet in width, 22 feet in length, and 12 feet in height. All off-street parking spaces and all off-street loading and unloading spaces shall be designed with appropriate means of vehicular access to a street or alley and with adequate maneuvering areas. Each space and each means of vehicular access shall be paved with a compacted asphaltic, gravel, stone or concrete surface; shall be excavated or graded so as to provide proper drainage for surface water away from adjoining property; and shall have such bumper guards or other safety barriers as the Department in its opinion may determine necessary to protect persons or property. No curb cut or driveway opening shall be made unless the cut or opening is approved in accordance with other applicable ordinances. If lighting is provided, it shall be arranged so that there will be no unreasonably annoying glare to the occupants of adjacent property.
B.
Change in requirements. If there is a change in the use of a building or lot or in the number of dwelling units, boarding or rooming units, employees, patrons, guests or visitors (or other unit of measurement) on the basis of which the off-street parking spaces or off-street loading or unloading spaces required by this chapter were determined, or in the parking-generating factors taken into account by the Department if the number of off-street parking spaces was left to the decision of the Department, and if such change creates a need for an increase of more than 15% in the number of off-street parking spaces required by this chapter or more than 15% in the number of off-street loading and unloading spaces required by this chapter, the additional off-street parking spaces or the additional off-street loading and unloading spaces shall be provided within a reasonable time.
§ 240-55 Animals.
Because there is no land within the Borough of Lewistown to accommodate agricultural or farming uses or uses or features customarily incident thereto, and because of the existent residential, commercial, manufacturing and industrial development within the Borough of Lewistown, no chickens, ducks, pigeons or other fowl and no cows, goats, horses, pigs, rabbits (other than pet rabbits not to exceed two) or other livestock shall be kept or grazed in any Residential District, Commercial District or Manufacturing and Industrial District.
§ 240-56 Signs.
[Amended 3-24-1986 by Ord. No. 86-2; 7-14-2008 by Ord. No. 2008-3]
A.
Residential Districts. Subject to the provisions of § 240-53B(8)(b) and (c), signs are permitted in Residential Districts, but only in the amounts, in the sizes and for the purposes set forth below. Signs shall be located only on the lot or tract to which the reason for the sign or the use of the sign relates. If a sign will be freestanding or will not be placed flush with the side of a building, wall or fence, the sign shall be located at least one foot from the street line in the case of house number signs and at least three feet from the street line in the case of announcement or advertising signs.
(1)
House number signs. One sign not more than 12 inches by 18 inches for each house number, and bearing only the house number and the name of the occupant or the name of the building or, in the case of a private parking lot, the name of the owner.
(2)
Announcement and advertising signs.
(a)
One sign not more than six square feet, advertising the sale or lease of the premises.
(b)
One sign not more than six square feet, advertising the fact that the premises were sold or rented by the person effecting the sale or lease.
(c)
Two signs, neither of which shall be more than 20 square feet, advertising the fact that a subdivision is being developed and lots are being sold.
(d)
Two signs, neither of which shall be more than 12 square feet, advertising the fact that work is being done on the premises by a building contractor, plumber, electrician, painter or other like mechanic or artisan.
(e)
One sign not more than 20 square feet and bearing only the name of a cemetery, church, library, museum, school, hospital, playground, convalescent or nursing home, or nonprofit or municipal or public institution.
(f)
One sign not more than 12 square feet and bearing only the name of a funeral home.
(h)
One sign not more than 12 square feet or not more than two signs, neither of which shall be more than six square feet, posting a private parking lot against trespassers or violators.
(i)
One sign not more than eight inches by 24 inches and bearing only the name and occupation of the individual conducting a permitted home occupation or the name and profession of the individual maintaining a permitted professional office or professional studio.
B.
C Commercial Districts. In commercial districts, the following signs shall be permitted and no others:
[Amended 1-14-2019 by Ord. No. 2019-1]
(1)
Subject to the provisions of § 240-53B(8)(b), relating to open space fire aisle, and except as noted herein, signs are permitted in C Commercial Districts, but only for the purposes, of the sizes and as hereinafter limited.
(a)
Signs shall be located only on the lot or tract to which the reason for the sign relates.
(c)
Signs indicating the existence of uses permitted on the premises and giving directions to those uses are permitted.
(d)
Signs advertising the goods sold, the services rendered or the activities located on the premises are permitted.
(2)
Each business or commercial establishment may erect advertising signs under any of the following provisions:
(a)
Freestanding sign. One sign may be erected for a business of single or separate ownership where such a sign is mounted within the building setback area and is not connected with the building. The total area at the face of such sign shall not exceed 40 square feet; provided, however, that if a sign is erected having more than one face, the combined total area of all faces shall not exceed 80 square feet.
(b)
Wall signs. One or more signs may be attached to or mounted on a building front, side or rear, provided that the total area of such sign or signs does not exceed 1 1/2 square feet for each one linear foot of the building front, side or rear upon which the sign or signs are erected. However, every principal use shall be allowed at least 35 square feet in total sign area for each building front, side or rear; provided, however, that in no event shall the total sign area on each building front, side or rear exceed 15% of the area of the building face upon which said sign or signs are mounted.
(c)
Projecting sign. Up to three projecting signs may be erected on a building front, side or rear for a business of single or separate ownership where such signs are limited to nine square feet; provided however, that if a sign is erected having two faces, the combined total area of both faces shall not exceed 18 square feet. Signs projecting over public walkways shall be permitted to do so only subject to a clearance limit of eight feet from grade level to the bottom of the sign or any associated sign structure, whichever is lower. No such sign shall extend vertically above the highest point of the building facade on which it is mounted.
(d)
Temporary banners. Each commercial establishment may mount to the building front, side or rear of the building in which it conducts business, a temporary banner of a size not to exceed three feet by five feet, with the total square footage not to exceed 15 square feet, subject to a clearance limit of eight feet from grade level to the lowest portion of the temporary banner, under and subject to the following circumstances and provisions:
[1]
A temporary banner advertising a special promotion or event which may be erected no sooner than two weeks prior to such promotion or event and must be removed not later that one business day after such event. Each commercial establishment may display banners under the authority of this subsection for not more than 60 days in any calendar year.
[2]
In addition to banners displayed under the authority of Subsection B(2)(d)[1], a new commercial enterprise, an existing commercial enterprise which relocates to a new location or an existing commercial enterprise which opens an additional location may display a temporary banner on such new, relocated or additional location announcing "coming soon," or words of like import, for a period not exceeding 90 days prior to commencing business.
[3]
In addition to banners displayed under the authority of Subsection B(2)(d)[1] and [2] a new commercial enterprise, an existing commercial enterprise which relocates to a new location or an existing commercial enterprise which opens an additional location may display a temporary banner on such new, relocated or additional location announcing "grand opening," or words of like import, for a period not exceeding 30 days from the date of commencing business.
[4]
The content of temporary banners displayed under the authority of Subsection B(2)(d)[1] and [2] shall be limited to the event, i.e., "coming soon" or "grand opening" (or words of similar import), the name of the commercial enterprise, related logos and the date of the advertised event.
(e)
Flags. Flags with commercial advertising shall be permitted as an accessory sign to a principal business or commercial establishment sign authorized by this section. Accessory flags shall be subject to all of the following provisions:
[1]
Clearly accessory to a permitted business or commercial establishment sign.
[2]
In good condition.
[3]
Displayed only during business hours.
[4]
Inserted on a wall mount properly affixed to the building within which such use is conducted, with the bottom or lowest portion of the flag projecting or hanging no less than seven feet above the public sidewalk or public street.
[5]
Do not project greater than six feet over the public right-of-way.
(f)
Portable freestanding signs. Portable freestanding signs shall be permitted when accessory to a principal business or commercial establishment subject to all of the following provisions:
[1]
Clearly accessory to, and placed adjacent to, a permitted business or sign.
[2]
Limited to one portable freestanding sign per business establishment.
[3]
Contain a total area not exceeding two feet by three feet per sign face.
[4]
Displayed only during business hours.
[5]
Placed on private property or placed on the public sidewalk, provided that placement of such sign allows an unobstructed sidewalk for pedestrian use of a width of not less than five feet; and provided, further, that such sign is not placed within a "clear sight triangle" as defined and established under the provisions of the Borough of Lewistown's Subdivision and Land Development Ordinance.[1]
(g)
Shopping center signs. In addition to such signs as are permitted for individual establishments, there shall be permitted one freestanding sign on each frontage street, indicating the name of the shopping center, names of various establishments and schedules of events in the shopping center. This sign shall not exceed 150 square feet in size, per face of the sign; provided, further, however, that no individual establishment shall be permitted to erect an individual freestanding sign under § 240-56B(2)(a).
(h)
Auto service station signs. This use will be allowed one sign in addition to all other signs allowed in commercial districts to identify the price and type of fuel sold by the service station. In addition, two portable signs not exceeding eight square feet on each face may be displayed on the premises for the purpose of advertising the cost of fuel or other products or services. The total area of such sign shall not be included in calculating permitted sign size.
(3)
Dimensional restrictions relating to signs in the C Commercial District shall apply to signs that exist as of the date of the adoption of these restrictions, i.e., January 14, 2019.
C.
C-1 Special Commercial Districts.
(1)
Subject to the provisions of § 240-53B(8)(b), and except as noted and limited herein, signs are permitted in C-1 Special Commercial Districts.
(2)
Signs in any amount are permitted in a C-1 Special Commercial District which indicate the existence of the uses permitted on the premises, give directions to those uses or advertise the goods sold on the premises or the activities located on the premises.
(3)
However, regardless of the number of street frontages, there shall be no more than one sign on the premises which does not indicate the existence of the uses permitted on the premises, does not give directions to those uses or does not advertise the goods sold on the premises or the activities located on the premises.
(4)
Signs in C-1 Special Commercial Districts shall not exceed an area of 200 square feet on any one side, and the total area of such sign shall not exceed 400 square feet.
D.
M Manufacturing and Industrial Districts.
(1)
Subject to the provisions of § 240-53B(8)(b), signs in any amount and for any purpose are permitted in Manufacturing and Industrial Districts.
(2)
Signs in M Manufacturing and Industrial Districts shall not exceed an area of 200 square feet on any one side, and the total area of such sign shall not exceed 400 square feet.
E.
General requirements for all signs. Signs in all zoning districts shall comply with the following regulations:
(2)
Signs shall be removed when the reasons for their use no longer apply.
(3)
No sign shall be located so as to project into or over a sidewalk, street or alley.
(a)
Exception. A theater marquee, building marquee, or awning which bears only the house number or building number and the name of the building or occupant or establishment — or a sign panel placed flush with the side of a building, fence, wall or other structure and which does not project more than (or which has bas relief or raised characters which do not project more than) 15 inches from the side of the building or other structure — may project over a sidewalk, provided that: a) the marquee, awning or sign panel is located at least 10 feet above the sidewalk; and b) in the case of a sign panel, the characters painted on the sign panel (or the characters projecting from the sign panel) can be read only from the front of that side of the building or structure on which the panel has been placed.
(4)
No sign shall be placed or painted on the roof of a building, and no sign shall be located so as to project over any roof.
(5)
No sign shall be located so as to obstruct any fire escape or fire balcony, any exit doorway to the outdoors, any window, or any other means of egress to the outdoors or to a fire escape or fire balcony.
(6)
Animated, sequential, flashing, rotating, revolving or oscillating signs shall be permitted in C Commercial, C-1 Special Commercial and M Manufacturing and Industrial Districts, provided that:
(a)
The area of any one side of any such sign shall not exceed 25 square feet.
(b)
The total area of any such sign shall not exceed 50 square feet.
(c)
No such sign shall be greater than eight feet in length.
(d)
No such sign shall be located within 100 feet of an intersection of streets or roads regulated by traffic lights, signals or other electronic traffic controls.
(e)
Such sign shall not have rotating, revolving or flashing lights which by reason of intensity, color, design or otherwise are similar to authorized visual signals on police and/or emergency vehicles as required by the Pennsylvania Vehicle Code, 75 Pa.C.S.A. §§ 4571 to 4573, inclusive, as amended or supplemented from time to time, and per the regulations thereunder, 67 Pa. Code §§ 173.1 to 173.6, inclusive, as amended or supplemented from time to time.
(f)
Such sign shall not exceed a frequency of flashes in excess of one flash every three seconds.
(g)
Animated, sequential, flashing, rotating, revolving or oscillating signs shall at all times have the animated, sequential, flashing, rotating, revolving or oscillating message displayed on a stationary background. (NOTE: The reason for this requirement is due to the distraction of motorists and the adverse public safety effect which would exist as a result of an ever-changing, moving or animated background being behind the messages displayed.)
(h)
Such sign shall at all times be located so that it does not interfere with traffic lights, signals or other controls, or abrogate or endanger the public health, safety and welfare.
(7)
Building height for signs.
(a)
In a Residential District, the building height of a freestanding or free-hanging sign shall not exceed 12 feet. In a C Commercial District or a C-1 Special Commercial District, the building height of a freestanding or free-hanging sign shall not exceed the height of the principal building on the premises or 35 feet, whichever is greater, or if there is not a principal building on the premises, 35 feet. In an M Manufacturing and Industrial District, the building height of a freestanding or free-hanging sign shall not exceed 65 feet.
(b)
The term "freestanding or free-hanging sign," or words of similar import, shall mean a sign which is not painted on a building, fence, wall or other structure or a sign which is not placed flush with the side of a building, fence, wall or other structure. A sign which is erected on a vertical stand or suspended from a horizontal arm (or which otherwise requires vertical or horizontal support or bracing) or a sign panel which projects more than (or which has bas relief or raised characters which project more than) 15 inches from the side of a building, fence, wall or other structure shall be deemed to be a "freestanding or free-hanging sign."
§ 240-57 Conformity of buildings, structures, uses, yards and open spaces.
Except as provided in Article X:
A.
Conformity of uses. No building, structure, lot or premises shall be used or occupied, and no building or structure shall be constructed, erected, located, reconstructed, expanded, extended or altered, except in conformity to and in compliance with the regulations on use prescribed for the zoning district in which it is located.
B.
Conformity of buildings or structures. No building or structure shall be constructed, erected, located, reconstructed, expanded, extended or altered so as to produce smaller lot areas, smaller lot widths, greater heights, greater building areas, smaller yards or smaller open spaces than are established by the regulations for the zoning district in which it is located.
C.
Conformity of yards and other open spaces. No yard, court or other open space, or any part thereof, shall be included as a part of the yard, court or other open space similarly required for any other building, structure, lot or use.