Marietta City Zoning Code
ARTICLE V
Performance Standards; Supplementary Regulations
§ 370-501 Performance standards.
A.
Compliance required.
(1)
All uses must comply with the requirements of this chapter, and the landowner and/or developer must demonstrate that a proposed use can comply with the standards below prior to the Borough of Marietta issuing approval and operation commencing on the lot. Compliance must be determined by the Zoning Officer with respect to permitted uses, by the Zoning Hearing Board with respect to special exceptions, and by the Borough Council with respect to conditional uses. In order to determine whether a proposed use will conform to the requirements of this article, the Borough of Marietta may obtain a qualified consultant's report, whose cost for services will be borne by the applicant.
(2)
All uses that require new facilities or expansion of existing facilities, such as sewers, storm drains, fire hydrants, potable water, public streets, streetlighting and similar services, will obtain such approval as required by the agency providing such service prior to project approval. No availability of essential services is permitted to be grounds for denying permits for additional development until such services are available. The jurisdiction is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of services will be by and at the cost of the landowner and/or developer, unless the jurisdiction agrees otherwise. All service extensions are to be designed and installed in full conformance with the jurisdiction's standards for such service, and be subject to review, permit and inspection as required by other policies or ordinances of the jurisdiction.
B.
Fire protection. Fire protection and firefighting equipment, procedures and safety protocols acceptable to the Borough of Marietta Fire Standards and National Fire Protection Association must be readily available and followed where there is any activity involving the handling or storage of flammable or explosive material.
C.
Radioactivity and/or electrical disturbances. Unless otherwise permitted by the Borough of Marietta for medical purposes, no activity can emit radioactivity at any point or cause electrical disturbance adversely affecting the operation of radio or other equipment in the vicinity.
D.
Noise. Unless otherwise identified and permissible as part of this chapter, see the Code of Ordinance of the Borough Chapter 229, Noise. The sound level of any use within a zoning district may not exceed, at any point along the boundary of the lot on which the use is to be undertaken, federal standards or recommended decibel levels in the designated octave bands, except for emergency alarm systems. Sound levels can be projected in accordance with similar or identical operations or uses and be measured with a sound level meter and associated octave band analyzer manufactured according to standards prescribed by the American Standards Association. Measurements must be made using the same measuring system which may now or hereafter be utilized by the United States Government for this purpose.
E.
Vibrations. Except for temporary vibration resulting from construction activity, vibrations detectable without instruments on any adjacent lot in any zoning district will be prohibited.
F.
Dust, fumes, vapor, and gas control. The emission of dust, dirt, flash, fumes, vapors, or gases which cause any damage to human health, animals, vegetation, or other forms of property, or which can cause soiling or staining of persons or property at any point beyond the lot line of the use creating such emission is hereby prohibited. No emission of liquid or solid particulate from any chimney or stack or otherwise can exceed 0.03 grains per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. Identical processes or facilities may be compared to determine compliance with this subsection. For measurement for the amount of particles discharged as stated above, measurement procedures will follow those then employed by the Pennsylvania Department of Environmental Protection for similar or identical measurements.
§ 370-502 Supplementary regulations.
A.
Automobile services (including sales, service). The following regulations are applicable to any automobile establishment located or developed in permitted zoning districts.
(1)
The site shall have frontage on and direct vehicular access to an arterial road as defined by this chapter.
(2)
The dealer shall provide an indoor showroom for the new equipment or vehicles.
(3)
Only vehicles in showroom condition may be displayed on the property forward of the building setback line but no less than five feet from a lot line.
(4)
All vehicles not in showroom condition (including but not limited to: those received in trade, awaiting repairs, for lease, etc.) shall be stored behind the building setback line and screened from view from the right-of-way and from adjoining lots by a landscape screen or fence of appropriate design, as approved by the Borough Planning Commission.
(5)
Any vehicle or equipment that fits the definitions of "junked vehicle" or "abandoned vehicle" as defined in this chapter is prohibited from the premises.
(6)
The outdoor storage provisions of this chapter shall be waived for such dealerships, provided that the above conditions are met and that the development complies with the percentage of impervious surface.
(7)
The area used for display of merchandise offered for sale and the area used for the parking of customer and employee automobiles shall be continuously paved and maintained in either concrete over a base of crushed stone compacted to not less than six inches in depth or other surfacing of an equivalent or superior character, approved by the Borough Engineer.
(8)
Landscaping within or along the perimeter of surface parking and loading areas shall be encouraged to minimize the impact of heat and glare from paving.
(9)
As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
B.
Communications antennas. The following regulations are applicable to communication antennas mounted or located on existing or newly constructed nonresidential buildings, light poles/standards or on utility transmission poles and communications equipment building/cabinets and are permitted in all zoning districts.
(1)
The applicant must provide a certification from a professional engineer, having demonstrated capability and competence in matters of structural integrity, that the proposed installation will not exceed the structural capacity of the pole or building upon which the communications antenna is proposed to be located, considering wind, ice, snow and other loads associated with the communications antenna location.
(2)
The applicant must provide detailed construction drawings indicating how the communications antenna(s) will be mounted for review by the Borough Engineer.
(3)
Unless mounted on an existing utility pole, the minimum building setback requirements for the antenna must be five feet from a lot line.
(4)
The antenna cannot be more than 12 feet higher than the structure on which it is to be mounted and must be designed to have minimal visual impact on the building or structure, utilizing techniques such as being the same color as the building or pole on which it is located.
(5)
The applicant must provide authorization from the legal owner of the lot to install the communications antenna and any structure accessory to the communications antenna.
(6)
The applicant must provide agreements, easements, or rights-of-way necessary to ensure access for the purpose of installation and maintenance.
(7)
Any existing or newly constructed freestanding light pole/standard or utility transmission pole may be constructed, reconstructed or altered for the purpose of accommodating the location and/or installation of communications antenna, provided that the height of the light pole/standard or utility transmission pole, once constructed, reconstructed or altered, does not exceed 65 feet.
(8)
No communications antennas may cause interference with other communications antennas.
(9)
If any accessory communications equipment building/cabinets are proposed for the operation of the communications antenna, the following regulations apply:
(a)
The communications equipment building/cabinets and associated equipment may be located at or near the base of any existing or newly constructed light pole/standard. If the communications equipment building/cabinets are proposed for a communications antenna located on a nonresidential building or structure other than an existing or newly constructed light pole/standard, such communications equipment building/cabinets may be located on the structure or building on which the communications antenna is located.
(b)
Screening must be provided at an opacity and height to obscure 85% of the proposed antenna base.
(c)
For communications antennas mounted on utility transmission poles, the communications equipment building/cabinets must be located within the utility easement or right-of-way and are not to obstruct sidewalks, streets and/or driveways nor interfere with traffic sight distances.
(d)
Any communications equipment building/cabinets where the area encompassing the communications equipment building/cabinets is equal to or less than 100 square feet will be subject to the height and setback requirements of the zoning district for an outbuilding. Any communications equipment building/cabinets where the area encompassing the communications equipment building/cabinets is greater than 100 square feet will be subject to the height and setback requirements of the zoning district for a primary building or structure.
C.
Drive-through facility.
(1)
In addition to the parking spaces required for the principal use, a minimum of five standing spaces, in tandem, with a total length of 100 feet, in direct line with each window or stall shall be provided for vehicles to wait in line. The standing spaces shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the site. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent lots, streets or berms.
(2)
Entrances, exits and standing spaces shall be adequately indicated with pavement markings and/or directional signs.
(3)
Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the site.
D.
Dumpsters and dumpster enclosures.
(1)
Dumpsters existing as of the effective date of this chapter and dumpsters constructed subsequent to the effective date of this chapter shall comply with the following:
(a)
No dumpster or dumpster enclosure shall be located within a required landscape buffer yard and may be located within a required yard only if a street or dedicated alley separates the lot from any adjacent residential lot. Required enclosures shall be defined by the Borough based upon review of proposed dumpster location and service area access in relationship to public right-of-way, building locations and vehicular/pedestrian circulation routes.
(b)
Dumpsters shall be maintained free of jagged or sharp edges or inside parts that could prevent the free discharge of their contents and closed lids.
(c)
All dumpster pads shall be at least two feet larger than the dumpster on all sides. Wheel stops or bollards shall be permanently affixed to the pad at least one foot inside the perimeter of the pad to prevent the dumpster from striking the enclosure during collection. The base of the enclosure must be poured concrete. The base shall extend three feet beyond the front opening of the enclosure as an apron, and all concrete must be level with adjacent asphalt.
(2)
Businesses shall be encouraged to share dumpsters.
E.
Fences, walls and screening.
(1)
Within residential zoning districts, fences and enclosure walls may be erected, provided that:
(a)
A fence along the rear lot line shall not exceed six feet in height;
(b)
A fence located along the side lot line shall not exceed six feet in height;
(c)
No fence higher than four feet shall be erected between the principal building and the street line. All fences constructed within the front yard must include a point of access between the lot and the street.
(d)
All fence posts, rails or piers shall be so installed so that they face the interior of the lot of the one installing same.
(e)
Barbed wire, electrical or other hazardous fencing materials are prohibited.
(2)
Within residential zoning districts Market West, Market Central, Market East and the Trail/Rail/River District, fences for a nonresidential use located adjacent to a residential use shall be at maximum of four feet high in a front yard and six feet in any other yard.
(3)
In the Maker District, neither fence or wall shall be erected to a height of more than 10 feet in any yard. No fence shall block motorists' view of vehicles entering or exiting the property. This section does not apply to fences used for enclosure of livestock.
(4)
The exterior side of a fence and/or wall must be oriented to the exterior of the lot on which it is erected or towards a public right-of-way.
(5)
Fences may be placed on a front lot line so long as they possess a minimum transparency of 50%. For each 10% of transparency less than 50% (e.g. 40%, 30%, 20%, 10%, 0%), the fence shall be placed an additional increment of six inches from the lot line.
(6)
Upon the conversion of an historic structure.
F.
General landscaping.
(1)
One landscaped island for every seven parking spaces must be provided within all nonresidential parking areas. All landscaped islands shall contain one tree a minimum of two inches diameter at breast height. One tree per residential unit or one tree per 1,000 square feet of development in the Trail/Rail/River Zoning District is required on a lot.
(2)
For any plan prepared and submitted as part of an application that involves nonresidential redevelopment, infill, construction, excavation or building expansion, it is recommended to include, and illustrate at scale, the location of trees, shrubs and ground covers for the following:
(a)
All Borough-required buffer yards with proposed plantings.
(b)
All Borough-required planting independent of any buffer yard requirements.
(c)
Any planting in excess of the requirements of this chapter.
(d)
Any existing trees or vegetation which are to be preserved.
(e)
Any existing trees or vegetation which will be removed.
(f)
The location and species of all existing trees six inches diameter at breast height. Applicants are encouraged to maximize the retention of all healthy existing trees six inches or more.
G.
Height exceptions.
(1)
The height limitations of this chapter do not apply to the following structures: place of worship steeples or spires; steeples; chimneys; elevator bulk heads and other mechanical equipment that is part of a primary structure; conveyors; flagpoles; silos; standpipes; elevated water tanks; derricks; and public utility structures.
(2)
All buildings or structures are subject to all applicable Federal Aviation Administration (FAA) height and lighting restrictions.
H.
Historic conversion.
(1)
The applicant shall provide expert evidence that any alterations, improvements, extensions, additions, or other modifications proposed to the historic structure will be accomplished in a manner that does not jeopardize the historic status and/or architecturally historic features of the structure.
(2)
The applicant shall provide evidence of an approved means of water supply and sewage disposal.
(3)
The applicant shall obtain any necessary land development approvals.
(4)
All off-street parking and/or loading areas shall be screened from adjoining residences and roads.
(5)
One sign shall be permitted which is no larger than six square feet and is located at least 10 feet from all lot lines or affixed to the building.
(6)
In the event that an historic conversion pertains to a restaurant, it shall not involve drive-through restaurant operations, and must abide by the following regulations:
(a)
All restaurant seating shall be provided within the completely enclosed building, except that limited exterior seating may be provided if:
[1]
Such seating is situated and designed so as not to adversely impact nearby residences.
[2]
Such seating is accessory to the principal interior seating accommodations.
[3]
During use, such seating is continuously supervised by an employee or owner of the restaurant.
[4]
Any lighting or music systems serving such seating are designed and operated so as not to constitute a nuisance to adjoining lots.
[5]
The applicant shall furnish and implement a working plan for the continuous cleanup of litter and debris that may result from such outdoor seating.
[6]
If seating is situated on a front patio of the restaurant, such seating is screened from public view and surrounding uses during seasons when not in use.
(b)
Landscaped and/or constructed screening may be required and identified by the Borough in order to minimize the impact of the use on any surrounding residential lots.
(7)
In instances where a building straddles or is proposed to straddle multiple lots or an alley, the landowner and/or developer is responsible for verifying with the Borough that no public easements or rights-of-way exist.
(a)
If there is a recorded right-of-way, the Borough of Marietta reserves the right to determine if abandonment of the right-of-way for construction is appropriate in the context of the Borough's community development objectives and the intent of this chapter. If abandonment is not appropriate, an application could be subject to denial.
(b)
If there is a public easement, the Borough of Marietta reserves the right to determine if construction is or is not appropriate to occur on the easement in the context of the Borough's community development objectives and the intent of this chapter. If construction on said easement is not appropriate, an application could be subject to denial.
I.
Mixed use (nonresidential at street level with residential/nonresidential upstairs).
(1)
When a number of different uses are proposed within a structure, facility or complex and when it can be demonstrated that one or more of such uses requires parking needs at times other than normal business or operating hours, the applicant may present for review and consideration a written report prepared by a professional traffic engineer or consultant stating that a maximum combination of all such uses will not require that the total accumulative parking needs must be provided on the site. After review of the plan, if determined that a reduced overall parking requirement can satisfy the off-street parking needs of the combined facilities, the applicant shall be permitted to reduce the parking spaces provided in accordance with the stipulated number of spaces by the appropriate reviewing body.
J.
Outdoor entertainment.
(1)
Outdoor entertainment as an accessory use may allow vocal, oratory, or instrumental performers to artistically entertain on the establishment's lot during normal business hours, but may not perform past the hours of 10:00 p.m. or the regular closing of the establishment, whichever is first: brewery/distillery, tap room, bed-and-breakfast, place of worship/place of assembly, commercial recreation, food services (sit-down), and hotel/motel.
(2)
Entertainment does not include any performances that may have adult-related contexts associated with the subject, adult-oriented materials involved, or be inappropriate for minors to view.
K.
Outdoor storage.
(1)
The Borough aims to provide a safe and healthy environment to its residents and businesses.
(2)
The following items associated with outdoor storage are considered public health or safety menaces which may endanger the health or safety of the public and, as such, are subject to Borough inspection. Such items cannot be stored on a lot:
(a)
Unsanitary or improper storage or disposal of trash, garbage, refuse, debris, other solid waste or hazardous waste;
(b)
Unburied dead animals;
(c)
Accumulation of water causing mosquito or other vector breeding or proliferation;
(d)
Rodent or insect infestation;
(e)
Accumulation of bees, fowl or animals in such a manner as to create a condition that may be injurious to the public health or safety;
(f)
Woodpiles exceeding three cords (384 cubic feet) of cut wood or woodpiles not properly stacked or stored;
[Amended 10-9-2018 by Ord. No. 2018-08]
(g)
Fuel sources and fire hazards stored freely out of doors;
(h)
Furniture typically intended/constructed for indoor use stored out of doors;
(i)
Inoperable appliances, vehicles and equipment;
(j)
Mechanical equipment not intended for traditional landscaping purposes stored between the front facade of a main building and the front lot line; and
(l)
Any other condition or objects that may be injurious or cause adverse effects to public health or safety.
(3)
Except for retail/wholesale landscape plant (living) species which require outside storage of materials for growth within the environment, the storage and display of materials outside a completely enclosed structure shall not be permitted.
(4)
Any material or equipment stored outside an enclosed building shall be incidental to the principal use of the lot and shall be stored to the rear of the building or a location otherwise approved by the Borough which screens the display/storage area from public view from the street or from any adjacent residential use.
(5)
All organic rubbish and discarded materials shall be contained in tight, vermin-proof containers which shall be screened from public view by an opaque fence or hedge which is at least six feet in height and achieves 85% opacity.
L.
Parking and driveways.
(1)
Unless otherwise permissible by this chapter, off-street parking shall be located upon the same lot as the use requiring such spaces in accordance with the provisions of this section prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets. These facilities shall be provided whenever:
(2)
Parking for single-family dwellings. The remaining regulations contained in this section do not apply to off-street parking facilities serving one single-family dwelling.
(3)
Site plan approval.
(a)
Each application for a zoning permit (for a use for which parking spaces are required) shall include a drawing (site plan) showing the proposed layout of the lot. The drawing shall clearly indicate all of the design elements required below.
(b)
No zoning permit shall be issued for any use for which parking spaces are required, unless the site plan has been approved or necessary variances have been obtained.
(4)
Surfacing. All parking lots shall be constructed and maintained with a paved surface of concrete or bituminous materials, or another dust-free surface.
(5)
Separation from streets and sidewalks. Parking spaces shall be guarded by curbs or other protective devices which are arranged so that parked motor vehicles cannot project into the streets, yards, or walkways.
(6)
Drainage. Parking lots shall be graded to a minimum slope of 1% to provide for drainage. Adequately sized inlets and storm sewers shall be provided to discharge stormwater in accordance with a plan under the Subdivision and Land Development Ordinance.
(8)
Design standards for handicapped parking spaces. Parking lots shall comply with the latest version of the Americans with Disabilities Act.
(9)
Driveways.
(a)
Driveway access is regulated by the street typologies prescribed in this chapter.
(b)
All private garages and all off-street parking enclosed within a primary building must be connected directly to a public street or public alley by a private driveway no wider than 12 feet. Where there are multiple off-street parking spaces in a private garage or enclosed within the principal building, the driveway may be widened to access said parking spaces.[2]
[2]
Editor's Note: Former Subsection L(9)(c), regarding the return radius, was repealed 3-10-2020 by Ord. No. 2020-02.
(11)
Marking of parking spaces and interior drives. All parking lots shall be adequately marked and maintained for the purpose of defining parking stalls and interior drives. As a minimum, the lines of all parking stalls and interior drives (including directional arrows, etc.) shall be solid white and four inches in width. White paint for these lines shall conform to Federal Specification TT-P-115C, Type 1, for white nonreflective traffic line paint, or equivalent.
(12)
In the event parking lots are not marked as required by this section, the Borough may notify the landowner, in writing at least 30 days in advance, and/or at its option, perform or hire the said marking to be done and recover the cost thereof from the landowner and/or developer or tenant of said lot in a manner prescribed by law.
(13)
Not less than a four-foot radius of curvature shall be permitted for horizontal curves in parking areas.
(14)
All dead-end parking lots shall be designed to provide sufficient backup area for vehicles parked in all end spaces.
(15)
Lighting. Adequate lighting shall be provided if the parking lot is to be used at night. The lighting shall be arranged so as not to reflect or glare on land used for residential purposes, or adjoining lots or streets.
(17)
Landscaping and screening requirements. The following landscaping and screening requirements shall apply to all parking lots:
(a)
Landscaped strip. When a parking lot is located in a yard which abuts a street, a landscaped strip shall be provided on the property along the entire street line. If there is no building or other structure on the property, the parking lot shall still be separated from the street by the landscaped strip. This strip shall be measured from the street line. The strip may be located within any other landscaped strip required to be located along a street. The following lists required width of landscape strips:
[Amended 3-10-2020 by Ord. No. 2020-02]
Number of Spaces in Parking Lot Including Joint Facilities | Landscape Strip Width in Feet Measured from Street Right-of-Way Line |
|---|---|
Less than 100 | 0 |
100 to 250 | 15 |
Over 250 | 25 |
(b)
Unless otherwise indicated, all parking lots constructed in side or rear yards shall be set back according to the standards listed in the respective zoning districts. Such setbacks shall be used for landscape strips. Charging stations/portals for electric cars may be located within said landscape strips.
(c)
Interior landscaping. In any parking lot containing 20 or more parking spaces (except a parking garage), 5% of the total area of the lot shall be devoted to interior landscaping. Such interior landscaping may be used, for example, at the end of parking space rows to break up rows of parking spaces at least every 10 parking spaces, and to help visually define travel lanes through or next to the parking lot. Landscaped areas situated outside of the parking lot, such as peripheral areas and areas surrounding buildings, shall not constitute interior landscaping. For the purpose of computing the total area of any parking lot, all areas within the perimeter of the parking lot shall be counted, including all parking spaces and access drives, aisles, islands, and curbed areas. Ground cover alone is not sufficient to meet this requirement. Trees, shrubs, or other approved material shall be provided. At least one shade tree shall be provided for each 300 square feet (or fraction) of required interior landscaping area. These trees shall have a clear trunk at least five feet above finished-grade level. Parked vehicles may not overhang interior landscaped areas more than 2 1/2 feet. Where necessary, wheel stops or curbing shall be provided to ensure no greater overhang; and, if a parking lot of under 20 spaces is built without interior landscaping, and later additional spaces are added so that the total is 20 or more, the interior landscaping shall be provided for the entire parking lot.
(d)
Screening. Any parking lot shall be screened from the adjoining residential property.
(e)
Speed bumps.
[1]
Speed bumps, constructed as part of access drives or parking lots, shall be marked with permanent, yellow diagonal stripes;
[2]
The speed bumps shall be in the form of mounds or depressions in the pavement and shall be designed to restrain motor vehicle speed;
[3]
There shall be a warning sign posted at each entrance to a parking area having bumps; and
[4]
In no case shall the overall height (or depth) of speed bumps exceed two inches.
(18)
Joint parking lots. In shopping centers over two acres in size, joint parking lots may be permitted. These joint facilities can reduce the total number of parking spaces required by a maximum of 20%. Therefore, the resulting joint parking lot will be required to provide at least 80% of the total number of spaces required by the sum of all of the shopping center's tenants. Such reduced parking spaces must be appropriately distributed upon the lot to provide convenient walking distance between vehicles and each of the shopping center's stores.
(19)
Prohibited and temporary uses of parking lot. Motor vehicle parking lots are for the sole purposes of accommodating the motor vehicles of persons associated with the use which requires them. Parking lots shall not be used for the following and/or loading purposes:
(a)
The sale, display, or storage of motor vehicles or other merchandise;
(b)
Parking vehicles accessory to the use;
(c)
Performing services (including services to vehicles); and
(d)
Required off-street parking space shall not be used for loading and unloading purposes except during hours when business operations are suspended.
(20)
To encourage vehicular circulation and avoid congestion on public streets, there shall be provided, at the time of the erection or increase by units or dimensions of any building or structure or at the time of creation or change of any use not involving a building or structure, minimum off-street motor vehicle parking spaces, plus adequate space for ingress, egress, and general vehicular circulation. Minimum off-street parking and other such provisions shall be provided in all zoning districts for the following listed uses:
(a)
For single and duplex dwellings, two parking spaces for each family dwelling unit. As to one- and two-family dwellings, no vehicle parking shall be allowed in front yard areas or side yard areas except in an improved driveway.
(b)
For other multifamily dwellings, one parking space for each family dwelling unit, plus one additional parking space for every two dwelling units.
(c)
For community centers, outdoor commercial recreation enterprises and other indoor recreation-oriented facilities, one parking space for every four customers computed on a basis of maximum servicing capacity at any one time, plus one additional space for every two persons regularly employed during the peak shift on the premises.
(d)
For funeral homes, parking or storage space for all vehicles used directly in the conduct of the business, plus one parking space for every two persons regularly employed on the premises during peak shift and one space for every 100 square feet of floor area used in the conduct of the business.
(e)
For industrial activities and facilities, parking or storage space for all vehicles used directly in the conduct of such industrial use, plus one parking space for every three employees on the premises at maximum employment on the peak shift.
(f)
For schools, one parking space for every six seats available at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the school grounds or campus. If the school has no assembly hall, auditorium, stadium or gymnasium, one parking space shall be provided for each person regularly employed at such school, plus two additional spaces for each classroom.
(g)
For offices, professional or public buildings, one parking space for every 500 square feet of office space.
(h)
For restaurants, breweries, and other eating and/or drinking establishments, one parking space for every six seats plus one parking space for every two employees on the peak shift. The applicant shall demonstrate how total occupancy can be accommodated as part of proposed parking.
(i)
For automobile service and repair stations, parking or storage space for all vehicles used directly in the conduct of the business, plus one parking space for each gas pump, three spaces for each grease rack or similar facility and one space for every two employees on the peak shift.
(j)
For theaters, places of assembly and places of worship, one parking space for every four seats available at maximum capacity.
(k)
For motels, hotels, group care facilities (youth/adult), care facilities (senior/care living) and the like, one parking space for each sleeping room offered for occupancy, plus two spaces for each dwelling unit on the premises, plus one additional space for every two persons regularly employed on the premises during the peak shift.
(l)
For any and all uses, buildings or structures not specifically provided for in the foregoing enumeration, one parking space for every 500 square feet of floor area.
(m)
To facilitate the efficient use of land in the Trail/Rail/River and Market Central Zoning Districts, parking requirements may be met on multiple properties, provided that all included properties have an agreement in place and the Borough is party to that agreement. If properties included in the agreement are not immediately adjoining, the provided parking shall be within 500 feet of the primary property. Parking may be located on opposite sides of a public right-of-way.
[Added 7-10-2018 by Ord. No. 2018-03]
(o)
To facilitate the efficient use of land, encourage the economic sustainability of existing buildings, encourage adaptive reuse of historic buildings, the following parking reduction shall apply in the case of adaptive reuse of existing buildings when existing nonresidential uses are expanded or nonresidential uses are added to the first floor creating a mixed-use property in the Trail/Rail/River and Market Zoning Districts.
[Added 7-10-2018 by Ord. No. 2018-03]
[1]
For uses listed in § 370-502L(20)(c), (d), (e), (f), (g), (h), (j) and (k), parking requirements shall be reduced by 100% for the first 1,000 square feet of nonresidential ground floor use(s) being created, by 50% for ground floor uses, thereafter the parking requirements established by the chapter shall apply.
[2]
When the conditions noted in this section are applicable, the applicant may include existing nonconformities in parking in preparing their mixed-use parking report noted in § 370-502I(1). For example an applicant is the owner of a property that currently has five multifamily dwelling units and provides only four parking spaces where seven would be currently required. The applicant can deduct the current three parking space shortage in preparing the required report.
(21)
Storage of recreational vehicles, boats, campers, and trailers. The storage of recreational vehicles, boats, and trailers used solely for the transport of the residents' recreational vehicle(s) is permitted only according to the following requirements:
[Added 10-9-2018 by Ord. No. 2018-08]
(a)
The parking of such vehicles is permitted during seasons when in use in any yard, so long as the vehicle is set back no less than five feet from any street right-of-way, and three feet from adjoining property lines;
(b)
The storage of one vehicle during seasons when not in use shall be permitted per lot behind the building setback line, so long as the unit is set back no less than three feet from any adjoining lot line. All areas used for the storage of vehicles shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain required licensure and prevent the leakage of fuels and/or lubricants into the ground.
(c)
The storage or parking of any commercial truck upon any residentially zoned lot, or lot used principally for residential purposes, is prohibited. For purposes of this section, commercial trucks shall include those that exceed a gross vehicle weight (truck plus rated payload) of 10,000 pounds. In addition, the parking or storage of any trailer other than those accessory to a principal residential use is expressly prohibited on any residentially zoned lot or a lot used principally for residential purposes.
M.
Temporary construction trailers or sheds. Temporary construction trailers or sheds are permitted in all zoning districts subject to the following:
(1)
Temporary construction trailers or sheds are permitted only during the period that the construction work is in progress. A permit for the temporary structure must be obtained from the Zoning Officer prior to the commencement of construction and must be renewed every six months.
(2)
Temporary construction trailers or sheds must be located on the lot on which the construction is progressing and cannot be located within 10 feet of any lot line adjoining an existing residential use.
(3)
Temporary construction trailers or sheds must be used only as temporary field offices and for storage of incidental equipment and supplies and cannot be used for any dwelling use.
(4)
A temporary construction trailer may be permitted for use as a sales center for residential lots. The maximum gross floor area of such a temporary sales center is 500 square feet. A permit for the temporary trailer must be obtained from the Zoning Officer.
(5)
No combustible materials can be stored in temporary construction trailers or sheds.
N.
Utilities.
(1)
All utilities for lots that have improvements or are redeveloped must be located underground unless otherwise approved by the Borough Council.
(2)
Utility connections, such as gas meters, electric meters, phone, and cable, must be located so as to minimize their visibility from the street.
(3)
HVAC condenser units must be located so as to minimize their visibility from the street.
O.
Keeping of animals.
(1)
Pets.
(a)
Up to four cats or dogs as pets may be kept on any lot in any zoning district within the Borough. Greater numbers of pets may be kept only on lots greater than 0.5 an acre in area. The total number of additional cats and dogs as pets permitted on any lot that exceeds 0.5 acre in lot area shall be computed according to the number of acres (listed below) required per animal. For example, three dogs may be kept on a lot of up to 0.5 acre. One-third of one additional acre is required for each additional cat and 0.5 of one additional acre is required for each additional dog.
Additional Required Lot Area for Additional Pets | |
|---|---|
Dog | 0.5 acre |
Cat | 0.3 acre |
(b)
Pets not specifically listed above shall be judged based on animals of similar size, diet, temperament, and behavior. Small caged pets (including, but not limited to: fish, parakeets, canaries, frogs, hamsters, small reptiles, etc.) are not subject to these acreage requirements, and shall be permitted, provided that they are not kept for commercial purposes and provided that they do not create a nuisance of any kind, including objectionable odors, noise or straying onto other property.
(2)
Chickens and rabbits. Up to four chickens or rabbits at any one time can be raised or kept on lots measuring 0.5 acre or greater in size, provided that the shelters, pens and cages for such chickens or rabbits shall be setback at least 30 feet from all property and street right-of-way lines. The keeping of roosters shall be prohibited.
(3)
Livestock.
(a)
Livestock may be kept only on lots greater than three acres in size. Only one such animal may be kept on a lot which is at least three acres in size. The total number of additional animals permitted on any lot exceeding three acres in lot area shall be computed according to the number of acres (listed below) required per animal. For example, one horse may be kept on a lot of three acres. Two more acres are required for each additional horse. One sheep may be kept on a lot of three acres. One-half acre is required for each additional sheep.
Additional Required Lot Area for Additional Livestock Animals | |
|---|---|
Livestock Required Additional Lot Area | |
Equine | 2.0 acres |
Bovine | 2.0 acres |
Swine | 1.5 acres |
Sheep | 0.5 acre |
Goat | 0.5 acre |
Poultry and fowl other than chickens1 | 0.1 acre |
Note: | |
1 | Poultry or fowl, such as but not limited to ducks, geese, turkeys, ostriches, emus, guinea fowl, pea fowl, and the like. |
(b)
Animals not specifically listed above shall be judged as animals of similar size, diet, temperament, and behavior.
(4)
Wild, dangerous, or poisonous animals. Wild, dangerous, or poisonous animals (including but not limited to: deer, skunks, raccoons, wolves, wolf-dog hybrids, constricting or venomous snakes, alligators, crocodiles, bobcats, or lynxes) may not be kept within the municipality for any purpose unless adequately confined in a facility operated by a licensed veterinarian for purposes of treatment.
(5)
No animals shall be maintained or allowed to stray so as to create any health or safety hazards or obnoxious or foul odor or objectionable noise or behavior. Likewise, all manure shall be managed so as to prevent any odor from affecting other properties and from contaminating any stream or otherwise having an adverse impact on the neighborhood. All animals shall be properly immunized.
(6)
Shelter and fenced area requirements.
(a)
Every owner engaged in the keeping of animals shall provide facilities maintained with best management practices so as to be clean, maintained and avoid attracting vermin.
(b)
In addition to the criteria within the above subsections, sheltered area of a size sufficient for good sanitation practices and adequate and sanitary drainage according to the following minimum requirements:
[1]
All shelters shall have a roof and at least three enclosed sides.
[2]
Structures for the housing of livestock must be located not less than 100 feet from the lot line of the property. No such structures may be erected or maintained in a front yard or a side yard abutting a street.
[3]
A shelter of 150 square feet shall be provided for each horse or cow.
[4]
A shelter of 100 square feet shall be provided for each pony, mule, donkey, sheep, or goat.
[5]
A shelter for poultry or rabbits shall provide a minimum of 10 square feet per animal.
(c)
All pasture, grazing, and exercise areas shall be fenced with materials of sufficient height, strength, and density to adequately confine the animal in question. All such fencing must be in compliance with all other zoning regulations.
P.
Impervious surface requirements. (See Appendix.)
Q.
Patio and outdoor recreational facilities.
[Added 9-11-2018 by Ord. No. 2018-05]
(1)
To facilitate the efficient use of land and enhance the economic sustainability, businesses in the Trail/Rail/River and Market Central Zoning Districts may have patios and outdoor recreational facilities that span property lines, provided that the following conditions exist:
(2)
For purposes of this § 370-502Q, "outdoor recreational facilities" shall mean shuffleboard courts, corn hole toss games, bocce ball courts, sandboxes, art displays, meditation areas, Frisbee golf areas, amphitheaters, entertainment stages, farmers' markets, or other uses determined by the Zoning Officer to be of the same general character as those listed herein and which will not be detrimental to any permitted uses and structures.
R.
Noncommercial greenhouse.
[Added 3-10-2020 by Ord. No. 2020-02]
(1)
The location, orientation and lot circulation shall be such as to minimize the disturbance of the surrounding open space.
(2)
Equipment storage shall be permitted to include man-operated or mechanical equipment or other machinery that is in operable condition. The storage of inoperable vehicles is prohibited for this use.
(3)
Site grading shall be completed to ensure that surface runoff is directed away from any and all material storage areas.
(4)
An eight-foot-high screen shall be constructed around the perimeter of any storage areas if equipment and/or materials are not contained within an enclosed building/area. The screen shall be measured from the average grade of the adjacent ground, unless otherwise defined by the applicable Borough. The screen shall be 80% opaque and composed of finished masonry, wood, or black or green vinyl-covered chain-link fencing with eight-foot-high evergreen plantings on the exterior side of the fence.
(5)
No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be permitted, with the exception of gasoline, diesel, fuel and oil for the operation and maintenance of motorized vehicles and equipment.
(6)
The ground surface of off-street parking shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances. Loading and equipment storage areas shall, at a minimum, be paved with crushed limestone aggregate.
(7)
No more than one identification sign shall be permitted; said sign shall be a ground or a wall sign. The graphic area of the sign shall not exceed 40 square feet.