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Marysville City Zoning Code

PART 4

DISTRICT PROVISIONS

§ 27-401. R-1 Residential.

   1.   Intent. To provide for and encourage, comparatively low density residential development in those areas of the Borough best suited for such development because of existing land use patterns and the Borough's community development objectives.
   2.   Uses by Right. The following uses, buildings and activities are permitted by right within an R-1 District:
      A.   Single-family detached dwellings.
      B.   Parks, playgrounds and other recreational uses (non-commercial).
      C.   Elementary and secondary schools.
      D.   Churches and other buildings for worship.
      E.   Cemeteries and mausoleums.
      F.   Government administrative buildings.
      G.   Borough buildings and facilities.
      H.   Libraries, fire protection buildings, and ambulance buildings.
      I.   Planned residential development (PRD) in accordance with provisions of Part 12 of this Chapter.
      J.   Accessory buildings and activities customarily incidental to the above permitted uses, when located on the same lot.
      K.   No-impact home-based businesses as defined in this Chapter. [Ord. 553]
      L.   Home occupations in accordance with the provisions of Part 8, General and Supplemental Regulations. [Ord. 551]
   3.   Uses Permitted by Conditional Use. The following uses, buildings, and activities are permitted by conditional use when approval is granted by Borough Council:
      A.   [Reserved]. [Ord. 551]
      B.   Cluster development in accordance with the provisions of § 27-1104 of this Chapter.
      C.   Conversion apartments and multi-family dwellings in accordance with the provisions of § 27-1103 of this Chapter.
      D.   Uses which, in the opinion of the Borough Council, are of the same general character as set forth in subsections § 27-401(2) and (3) of this Chapter and which will not be detrimental to the intended purposes of this Chapter.
   4.   Lot Requirements.
      A.   Minimum Lot Area. Public water and sewer shall be required for all uses and activities except single-family detached dwellings.
         - 40,000 sq. ft. where public water and sewer are not available.
         - 20,000 sq. ft. where only public water is available.
         - 15,000 sq. ft. where only public sewer is available.
         - 10,000 sq. ft. where both public water and sewer are available.
      B.   Minimum Lot Width at the Building Setback Line (BSL).
         - 150 ft. for lots 40,000 sq. ft. or more in area.
         - 100 ft. for lots 20,000 - 39,999 sq. ft. in area.
         - 80 ft. for lots less than 20,000 sq. ft. in area.
      C.   Maximum Lot Coverage. Maximum lot coverage shall be no more than 30%.
   5.   Yard Requirements.
      A.   Minimum setback from a street right-of-way - 25 feet.
      B.   Minimum side yard setback - a total of 20 feet where a lot will have two side yards, with neither side yard being less than 8 feet.
      C.   Minimum rear yard setback - 30 feet.
   6.   Height Requirement.
      A.   Principal buildings shall not exceed 35 feet in height nor consist of more than two and one-half stories.
      B.   No accessory building shall exceed 20 feet in height.
(Ord. 462, 8/14/1995, §400; as amended by Ord. 551, 4/12/2004; and by Ord. 553, 5/10/2004, §1)

§ 27-402. R-2 Residential.

   1.   Intent. To provide for, and encourage, residential development of moderate density and variety, along with certain other kinds of uses and activities, consistent with existing land use patterns and the Borough's community development objectives.
   2.   Uses by Right. The following uses, buildings, and activities are permitted by right within an R-2 District:
      A.   Single-family detached dwellings.
      B.   Single-family semi-detached dwellings.
      C.   Single-family attached dwellings in accordance with the provisions of § 27-402(7) of this Part.
      D.   Two-family detached dwellings.
      E.   Two-family semi-detached dwellings.
      F.   Garden apartments in accordance with the provisions of § 27-402(8) of this Part.
      G.   Parks, playgrounds, arid other recreations uses (noncommercial).
      H.      Elementary and secondary schools.
      I.   Churches and other buildings for worship.
      J.   Funeral homes.
      K.   Professional offices.
      L.   Medical and dental clinics.
      M.   Hospitals and sanitariums.
      N.   Government administrative buildings.
      O.   Borough buildings and facilities.
      P.   Libraries, fire protection buildings, and ambulance buildings.
      Q.   Planned residential development (PRD) in accordance with the provisions of Part 12 of this Chapter.
      R.   Accessory buildings and activities customarily incidental to the above permitted uses, when located on the same lot.
      S.   No-impact home-based businesses as defined in this Chapter. [Ord. 553]
      T.   Home occupations in accordance with the provisions of Part 8, General and Supplemental Regulations. [Ord. 551]
   3.   Uses Permitted by Conditional Use. The following uses, buildings, and activities are permitted by conditional use when approval is granted by Borough Council:
      A.   [Reserved] [Ord. 551]
      B.   Cluster development in accordance with the provisions of § 27-1104 of this Chapter.
      C.   Conversion apartments in accordance with the provisions of § 27-1103 of this Chapter.
      D.   Group dwellings in accordance with the provisions of § 27-1105 of this Chapter.
      E.   Mid-rise apartments in accordance with the provisions of § 27-1106 of this Chapter.
      F.   Mobile home parks in accordance with the provisions contained in the Borough Subdivision and Land Development Ordinance [Chapter 22].
      G.   Clubs, lodges and fraternal organizations (noncommercial) in accordance with the provisions of § 27-1102 of this Chapter.
      H.   Public utility buildings and facilities in accordance with the provisions of § 27-1110 of this Chapter.
      I.   Uses which, in the opinion of the Borough Council, are of the same general character as set forth in this Part, § 27-401(2) and (3) of this Chapter, and which will not be detrimental to the intended purposes of this Chapter.
      J.   Elderly housing projects in accordance with the provisions of subsection (9) of this Section.
   4.   Lot Requirements.
      A.   Minimum Lot Area. Public water and sewer shall be required for all uses and activities except single-family detached, single-family semi-detached and two- family dwellings.
         Where adjacent property has been developed. in such a manner that privacy from the development is desirable, the planting shall be of sufficient density and height and contain sufficient evergreen material to provide an effective visual screen. In other areas, particularly where vegetation already exists, the planting area might be left in its natural state or supplemented as necessary.
         (1)   Where public water and sewer is available, the following requirements shall apply:
            -Single-family detached dwelling - 8,750 sq. ft.
            - Single-family semi-detached dwelling - 5,000 sq. ft./DU
            - Single-family attached - 2,500 sq. ft./DU
            - Two-family detached dwelling - 5,000 sq. ft./DU
            - Two-family semi-detached dwelling - 5,000 sq. ft./DU
            - Garden apartments - (See § 27-402(8) of this Part).
            - Other permitted uses - 8,750 sq. ft.
            - Elderly housing - (See § 27-402(9) of this Part). [Ord. 486]
         (2)   Where public water and/or sewer are not available, the following requirements shall apply per dwelling unit:
            -Single-family detached dwellings.
            - 40,000 sq. ft. where public water and sewer are not available.
            - 20,000 sq. ft. where only public water is available.
            - 15,000 sq. ft. where only public sewer is available.
            - Single-family semi-detached and two-family dwellings.
            - 32, 000 sq. ft. /DU where public water and sewer are not available.
            - 16,000 sq. ft./DU where only public water is available.
            - 12,000 sq. ft./DU where only public sewer is available.
      B.   Minimum Lot Width at the Building Setback Line (BSL).
         (1)   Where public water and sewer is available, the following requirements shall apply:
            - Single-family detached dwelling - 70 ft.
            - Single-family semi-detached dwelling - 45 ft./DU.
            - Single-family attached dwelling - 20 ft./DU.
            - Two-family detached dwelling - 45 ft.
            - Two-family semi-detached dwelling - 27 1/2ft./DU.
            - Garden Apartments - See § 27-402(8) of this Part.
            - Other permitted uses - 70 ft. per use or activity.
         (2)   Where public water and/or sewer are not available, the following requirements shall apply:
            - Single-family detached dwellings.
            - 150 ft. for lots 40,000 sq. ft. or more in area.
            - 100 ft. for lots 20,000 - 39,999 sq. ft. in area.
            - 80 ft. for lots less than 20,000 sq. ft. in area.
            - Single-family semi-detached and two-family dwelling.
            - 100 ft. for lots 16,000 sq. ft. or more in area.
            - 80 ft. for lots less than 16,000 sq. ft. in area.
      C.   Maximum Lot Coverage. The amount of any lot which may be covered by buildings and other impervious surfaces shall not exceed the following percentages:
         - Single-family detached dwelling - 30%.
         - Single-family semi-detached dwelling - 40%.
         - Single-family attached dwelling - 50%.
         - Two-family dwelling - 40%.
         - Two-family semi-detached dwelling - 340.
         - Garden Apartments - See § 27-402(8) of this Part.
         - Other permitted uses - 50%. [Ord. 486]
   5.   Yard Requirements.
      A.   General.
         - Minimum setback from a street right-of-way 25 feet.
         - Minimum side yard setback - a total of 16 feet where a lot will have two side yards, with neither side yard being less than 7 feet. Where a lot has only one side yard, it shall be at least 10 feet.
         - Minimum rear yard setback - 25 feet.
      B.   For single-family attached dwellings see § 27-402(7) of this Part.
      C.   For garden apartment development, see § 27-402(8) of this Part.
   6.   Height Requirements.
      A.   Principal buildings shall not exceed 35 feet in height nor consist of more than three stories.
      B.   No accessory building shall exceed 20 feet in height.
   7.   Provisions for Single-Family Attached Dwellings.
      A.   Minimum lot area - 2,500 sq. ft./dwelling unit.
      B.   Minimum lot width - 20 feet at the Building Setback Line.
      C.   Maximum lot coverage shall be no more than 50% of any lot.
      D.   Minimum setback from a street right-of-way - 25 feet.
      E.   Minimum side yard setback - 15 feet each side per building.
      F.   Minimum rear yard setback - 25 feet.
      G.   Maximum building height - see § 27-402(6) of this Part.
      H.   Principal building length, separation, and occupancy.
         (1)   No building shall exceed 200 feet in length or width.
         (2)   No building shall contain more than eight dwelling units.
         (3)   In addition, where more than one building is erected on the same lot, the building shall not be less than the following distances apart:
            (a)   Front to front - 50 feet.
            (b)   Front to side - 40 feet.
            (c)   Front to rear - 50 feet.
            (d)   Side to side - 30 feet.
            (e)   Side to rear - 40 feet.
            (f)   Rear to rear - 50 feet.
            (g)   Corner to corner - 30 feet.
      I.   Off-street Parking Space Requirements. Off-street parking shall be provided in accordance with the provisions of § 27-502 of this Chapter.
   8.   Provisions for Garden Apartments.
      A.   Minimum lot area - 3,000 sq. ft. plus 2,500 sq. ft. per dwelling unit.
      B.   Minimum lot width - 150 feet at the building setback line.
      C.   Maximum lot coverage shall be no more than 50% of any lot.
      D.   Minimum setback from a street right-of-way - 25 feet.
      E.   Minimum setback from any private access road, right-of-way or parking area 20 feet (measured from the edge of cartway).
      F.   Minimum rear yard setback - 25 feet.
      G.   Maximum building height - see § 27-402(6) of this Part.
      H.   Minimum side yard setback - 25 feet.
      I.   Principal Building Length, Separation and Occupancy.
         (1)   Buildings shall not exceed 100 feet in length or width.
         (2)   No building shall contain more than 12 dwelling units.
         (3)   In addition, where more than one building is erected on the same lot, the buildings shall not be less than the following distances apart:
            (a)   Front to front - 50 feet.
            (b)   Front to side - 50 feet.
            (c)   Front to rear - 50 feet.
            (d)   Side to side - 50 feet.
            (e)   Side to rear - 50 feet.
            (f)   Rear to rear - 50 feet,
            (g)   Corner to corner - 50 feet.
      J.   Off-Street Parking Space Requirements - Off-street parking shall be provided in accordance with the provisions of § 27-502 of this Chapter.
      K.   Planting and Open Space Requirements:
         (1)   Required setback areas shall remain undeveloped and serve as open space. Except for access from a public street into a proposed developments no building, street or parking area shall be located within any such area.
         (2)   Along any adjacent properties, landscape planting of trees and shrubs shall be provided for a depth of at least 15 feet. The amount, density and height of planting, and types; of plant materials used, shall be dependent upon existing conditions, proximity to existing dwellings, compatibility of adjacent uses, and any other pertinent considerations. Where adjacent property has been developed in such a manner that privacy from the development is desirable, the planting shall be of sufficient density and height and contain sufficient evergreen material to provide an effective visual screen. In other areas, particularly where vegetation already exists, the planting area might be left in its natural state or supplemented as necessary.
   9.   Provisions for Elderly Housing.
      A.   Minimum lot area - 2,500 sq. ft. plus 2,000 sq. ft. per dwelling unit.
      B.   Minimum lot width - 125 feet at the building setback line.
      C.   Maximum lot coverage shall not be more than 50% of any lot.
      D.   Minimum setbacks from a street right-of-way - 25 feet.
      E.   Minimum setback from any private access road or right-of-way parking area 20 feet (measured from the end of cartway).
      F.   Minimum side yard setbacks - 25 feet.
      G.   Maximum building height: - principal building shall not exceed 35 feet in height or consist of more than three stories.
      H.   Maximum rear yard setbacks - 25 feet.
      I.   Principal Building Length, Separation and Occupancy.
         (1)   The length of any side of a building shall not exceed 175 feet in length.
         (2)   No building shall contain more than 40 dwelling units.
         (3)   Where there is more than one building erected on the same lot, the buildings shall not be less than the following distances apart:
            (a)   Front to front - 50 feet.
            (b)   Front to side - 50 feet.
            (c)   Front to rear - 50 feet.
            (d)   Side to side - 30 feet.
            (e)   Side to rear - 50 feet.
            (f)   Rear to rear - 50 feet.
            (g)   Corner to corner - 30 feet.
      J.   Off-street Parking Requirements - Off-street parking shall be provided in accordance with the provisions of § 27-502 of this Chapter.
      K.   Planting and Open Space Requirements.
         (1)   Required setback areas shall remain undeveloped and serve as open space. Except for access from a public street into a proposed development, no building, street or parking area shall be located within any such area.
         (2)   Along any adjacent properties, landscape planting of trees and shrubs shall be provided for a depth of at least 15 feet. The amount, density, and height of planting, and types of plant materials used, shall be dependent upon existing conditions, proximity to existing dwellings, compatibility of adjacent uses, and any other pertinent considerations.
      L.   Qualification for Elderly Housing.
         (1)   Applicant must submit evidence satisfactory to Borough Council that the project as proposed shall constitute elderly housing whether through the form of financing, subsidization of rent or otherwise.
(Ord. 462, 8/14/1995, §401; as amended by Ord. 486, 6/8/1998, §§1,2; by Ord. 551, 4/12/2004; and by Ord. 553, 5/10/2004, §1)

§ 27-403. C-1 Downtown Commercial.

   1.   Intent. To encourage the continued existence of local, retail business establishments which serve the nearby community and to provide for the location of new uses and activities of a compatible nature within that part of the Borough where such uses and activities have traditionally existed.
   2.   Uses by Right. The following uses, buildings and activities are permitted by right within a C-1 district:
      A.   Retail businesses, stores, banks and offices, when conducted entirely within a building.
      B.   Restaurants (excluding drive-in establishments) and cafes, hotels, motion picture theaters, bowling alleys and other places of public amusements conducted entirely within buildings.
      C.   Retail service establishments (such as barber and beauty shops, tailor shops, laundry and dry cleaning shops, shoe repair, etc.) in which only non-explosive and non-flammable solvents and materials are used, and where no work is done on the premises for retail or wholesale outlets elsewhere.
      D.   Retail bakery, candy, pastry, confectionery or ice-cream shops with manufacturing permitted for sales on the premises only.
      E.   General retail service and repair shops (such as radio, TV, appliance repair, etc.) excluding service: stations, garages or shops for repair of vehicles.
      F.   Professional and business offices.
      G.   Funeral homes.
      H.   Medical and dental clinics.
      I.   Government administrative offices.
      J.   Borough buildings and facilities.
      K.   Parking garages and lots.
      L.   Clubs, lodges and fraternal organizations (non-commercial) in accordance with the provisions of § 27-1102 of this Chapter.
      M.   Public utility buildings and facilities in accordance with the provision of § 27-1110 of this Chapter.
      N.   Accessory buildings and activities customarily incidental to the above permitted uses, when located on the same lot.
   3.   Uses Permitted by Conditional Use. The following uses, buildings and activities are permitted by conditional use when approval is granted by Borough Council:
      A.   Conversion apartments in accordance with the provisions of § 27-1103 of this Chapter.
      B.   Apartments in combination with a permitted use provided that they are on or above the second floor level from the ground.
      C.   Uses which, in the opinion of the Borough Council, are of the same general character as set forth in § 27-403(2) and (3) of this Part, and which will not be detrimental to the intended purposes of this Chapter.
   4.   Lot Requirements. Public water and sewer shall be required for all uses, activities and development:
      A.   Minimum lot area - 2,000 sq. ft./use, activity or dwelling unit.
      B.   Minimum lot width at the Building Setback Line (BSL) 20 feet.
      C.   Maximum lot coverage - not more than 75% of any lot shall be covered by buildings and no more than 90% shall be covered by buildings and other impervious surfaces.
   5.   Building Setback Requirements.
      A.   Minimum setback from a street right-of-way - none.
      B.   Minimum side yard setbacks - none, except that where a side yard adjoins a residential district, a setback of 12 feet shall be provided, including a landscape planting of trees and shrubs in accordance with the provisions of § 27-402(8)(K)(2) of this Part, or at the option of Borough Council, fencing or manmade screening may be provided.
      C.   Minimum rear yard setback - 12 feet, where a yard adjoins a residential district a landscape planting of trees and shrubs in accordance with the provisions of § 27-402(8)(K)(2) of this Part shall be provided or, at the option of Borough Council, fencing or manmade screening may be provided.
(Ord. 462, 8/14/1995, §402)

§ 27-404. C-2 General Commercial.

   1.   Intent.
      A.   To provide for the development of certain areas for a broad variety of retail and service commercial establishments and activities.
      B.   Uses by Right. The following uses, buildings and activities are permitted by right within a C-l district:
         (1)   Any use or activity permitted by right in the C-l District.
         (2)   Drive-in restaurants.
         (3)   Motor vehicle service stations subject to the provisions of § 27-404(7) of this Part.
         (4)   Motor vehicle sales and/or repair establishments provided that all repair, lubrication, and other similar facilities and activities shall be completely enclosed within a building.
         (5)   Offices or shops for a contractor or craftsman (plumber, carpenter, electrician, printer, etc.).
         (6)   Motels.
         (7)   Manufacturing, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, perfumes, pharmaceuticals, toiletries and food products, except the following: fish meats, sauerkraut, pickles, vinegar, yeast and rendering of oils and fats.
         (8)   Residential facilities if incidental and accessory to any permitted use, and structurally integral to the main building.
         (9)   Business service establishment, including laundry agencies and linen rental services.
         (10)   Accessory buildings and activities customarily incidental to the above permitted uses, when located on the same lot.
   3.   Uses Permitted by Conditional Use. The following uses, buildings and activities are permitted by conditional use when approval is granted by Borough Council:
      A.   Warehouse, storage or wholesaling, within a completely enclosed building in accordance with the provisions of § 27-1112 of this Chapter.
      B.   Vocational or business schools in accordance with the provisions of § 27-1113 of this Chapter.
      C.   Apartments in combination with a permitted use provided that they are on or above the second floor level from the ground.
      D.   Uses which, in the opinion of the Borough Council, are of the same general character as set forth in § 27-404(2) and (3) of this Part, and which will not be detrimental to the intended purposes of this Chapter.
      E.   Personal wireless service facilities in accordance withe the provisions of § 27-114 of this Chapter. [Ord. 503]
   4.   Lot Requirements. Public water and sewer shall be required for all uses, activities, and development.
      A.   Minimum lot area - 7,500 sq. ft./use, activity or dwelling unit.
      B.   Minimum lot width at the building setback line (BSL) - 50 feet.
      C.   Maximum lot coverage - no more than 60% of any lot shall be covered by buildings, and no more than 75% shall be covered by buildings and other impervious surfaces.
   5.   Building Setback Requirements.
      A.   Minimum setback from a street right-of-way - 25 feet.
      B.   Minimum side yard setback - a total of 20 feet where a lot will have two side yards, with neither side yard being less than 8 feet. Where a lot has only one side yard, it shall be at least 10 feet. Where a side yard adjoins a residential district, a setback of 25 feet shall be provided, including a landscape planting of trees and shrubs in accordance with the provisions of § 27-402(8)(K)(2) of this Part, or at the option of Borough Council, fencing or manmade screening may be provided.
      C.   Minimum rear, yard setback - 12 feet, except that where a rear yard adjoins a residential district, a setback of 25 feet shall be provided, including a landscape planting of trees, and shrubs in accordance with the provisions of §402(8)(K)(2) of this Part, or at the option of Borough Council, fencing or manmade screening may be provided.
   6.   Height Requirements.
      A.   Principal buildings shall not exceed 42 feet in height nor consist of more than three stories.
      B.   No accessory building shall exceed 20 feet in height.
   7.   Provisions for Motor Vehicle Service Stations.
      A.   All activities, except the dispensing of fuel, shall be conducted within a building.
      B.   All buildings and structures on the site shall be at least 100 feet from any hospital, convalescent home, school, church or similar use.
      C.   No building or structure (including fuel, gasohne pumps, compressed air equipment, etc.) shall be located less than 25 feet from a property line.
      D.   Driveways shall be at least 40 feet from the intersection of any street right-of-way lines, and there shall be at least 15 feet between driveways.
      E.   Maximum width of any driveway at the right-of-way line shall be 30 feet.
      F.   Off-street parking shall be provided in accordance with the requirements of Part 5 of this Chapter.
(Ord. 462, 8/14/1995, §403; as amended by Ord. 503, 9/13/1999, §1)

§ 27-405. C-3 Neighborhood Commercial.

   1.   Intent. To provide for the location of certain retail business and service establishments which will serve the everyday needs of the nearby community.
   2.   Uses by Right. The following uses, buildings and activities are permitted by right within a C-3 District:
      A.   Retail businesses, stores, banks and offices when conducted entirely within a building.
      B.   Restaurants (excluding drive-in establishments), cafes, motion picture theaters, bowling alleys and other places of pubhc amusement conducted entirely within buildings.
      C.   Retail service establishments (such as barber and beauty shops, tailor shops, laundry and dry cleaning shops, shoe repair, etc.), in which only non-explosive and non-flammable solvents and materials are used, and where no work is done on the premises for retail or wholesale outlets elsewhere.
      D.   Retail bakery, candy, pastry, confectionery or ice cream shops with manufacturing permitted for sales on the premises only.
      E.   General retail service and repair shops (such as radio, TV, appliance repair, etc.)
      F.   Professional and business offices.
      G.   Funeral homes.
      H.   Medical and dental clinics.
      I.   Government administration offices.
      J.   Borough buildings and facilities.
      K.   Parking garages and lots.
      L.   Clubs, lodges and fraternal organizations (non-commercial) in accordance with the provisions of § 27-1102 of this Chapter.
      M.   Public utility buildings and facilities.
      N.   Accessory buildings and activities customarily incidental to the above permitted uses, when located on the same premises.
      O.   Motor vehicle service stations subject to the conditions set forth in § 27-404(7) of this Part.
   3.    Uses Permitted by Conditional Use. The following uses, buildings and activities are permitted by conditional use when approval is granted by Borough Council:
      A.   Conversion apartments in accordance with the provisions of §1103 of this Chapter.
      B.   Apartments in combination with a permitted use, provided that they are on or above the second floor level from the ground.
      C.   Uses which, in the opinion of Borough Council, are of the same general character as set forth in § 27-405(2) and (3) of this Part and which will not be detrimental to the intended purposes of this Chapter.
   4.   Lot Requirements. Pubhc water and sewer shall be required for all uses, activities and development.
      A.   Minimum lot area - 7,500 sq. ft./use, activity or dwelling unit.
      B.   Minimum lot width at the Building Setback Line - 50 feet.
      C.   Maximum lot coverage - no more than 60% of any lot shall be covered by buildings, and no more than 75% shall be covered by buildings and other impervious surfaces.
   5.   Building Setback Requirements.
      A.   Minimum setback from a street right-of-way - 25 feet.
      B.   Minimum side yard setback - a total of 20 feet where a lot will have two side yards, with neither side yard being less than 8 feet. Where a lot has only one side yard, it shall be at least 10 feet. Where a side yard adjoins a residential district, a setback of 12 feet shall be provided, including a landscape planting of trees and shrubs in accordance with the provisions of § 27-402(8)(K)(2) of this Part, or at the option of Borough Council, fencing or man made screening may be provided.
      C.   Minimum rear yard setback - 12 feet, including a landscape planting of tree, and shrubs in accordance with the provisions of § 27-402(8)(K)(2) of this Part or at the option of Borough Council, fencing or man made screening may be provided.
   6.   Height Requirements.
      A.   Principal buildings shall not exceed 42 feet in height, nor consist of more than three stories.
      B.   No accessory building shall exceed 20 feet in height.
(Ord. 462, 8/14/1995, §404)

§ 27-406. General Industrial.

   1.   Intent. To provide for a variety of commercial and industrial uses and activities in areas that will be suitable for the type of uses permitted, as well as compatible with the community.
   2.   Uses by Right. The following uses, buildings and activities are permitted by right within an Ind District:
      A.   Any use or activity permitted by right in the C-2 District.
      B.   Building materials and supplies, sales and distribution.
      C.   Beverage bottling and distribution.
      D.   Laundries and clothes cleaning.
      E.   Printing and pubhshing.
      F.   Wholesale or distribution activities.
      G.   Warehouse or storage within an enclosed building.
      H.   Laboratory research, testing and development.
      I.   The assembly, fabrication or compounding of products from materials previously manufactured or processed.
      J.    Railroad freight yard, transportation and related activities.
      K.   Accessory buildings and activities customarily incidental to the above permitted uses, when located on the same premises.
   3.   Uses Permitted by Conditional Use. The following uses, buildings and activities are permitted by conditional use when approval is granted by Borough Council:
      A.   Outdoor storage and sales in accordance with the provisions of § 27-1109 of this Chapter.
      B.   Truck terminals in accordance with the provisions of § 27-1111 of this Chapter.
      C.   Salvage yards in accordance with the provisions of § 27-1108 of this Chapter.
      D.   Uses which, in the opinion of Borough Council, are of the same general character as set forth in § 27-406(2) and (3) of this Part, and which will not be detrimental to the intended purposes of this Chapter.
   4.   Lot Requirements. Pubhc water and sewer shall be required for all uses, activities and development.
      A.   Minimum lot area - 7,500 sq. ft. per use, activity or dwelling unit.
      B.   Minimum lot width at the Building Setback Line - 50 feet.
      C.   Maximum lot coverage - no more than 60% of any lot shall be covered by buildings, and no more than 75% shall be covered by buildings and other impervious surfaces.
   5.   Building Setback Requirements.
      A.   Minimum setback from a street right-of-way - 25 feet.
      B.   Minimum side yard setback - a total of 20 feet where a lot will have two side yards, with neither side yard being less than 8 feet. Where a lot has only one side yard, it shall be at least 10 feet. Where a side yard adjoins a residential district, a setback of 25 feet shall be provided, including a landscape planting of trees and shrubs in accordance with the provisions of § 27-402(8)(K)(2) of this Part.
      C.   Minimum rear yard setback - 25 feet, including a landscape planting of trees and shrubs in accordance with the provisions of § 27-402(8)(K)(2) of this Part or at the option of Borough Council, fencing or man-made screening may be provided.
   6.   Height Requirements.
      A.   Principal buildings shall not exceed 42 feet in height nor consist of more than three stories.
      B.   No accessory building shall exceed 20 feet in height.
(Ord. 462, 8/14/1995, §405)

§ 27-407. Conservation.

   1.   Intent. The Conservation (C) Zoning District is established to protect Marysville’s most sensitive environmental areas. The Conservation Zoning District applies to lands identified in the Borough’s Comprehensive Plan as having severe limitations based on their slope, vegetative, historic, physiographic, geologic, hydrologic and soil characteristics. The district is intended to support policies established in the Comprehensive Plan for lands to be preserved for conservation by discouraging inappropriate urban land uses and development in these areas and maintaining open areas and appropriate low-intensity land uses. This Zoning District identifies these sensitive lands and distinguishes them from other areas in the township, which are identified in the Comprehensive Plan as appropriate for urban land uses.
   2.   Uses by Right. The following uses, buildings or structures are permitted by right within the Conservation District:
      A.   Conservation areas or structures for the conservation of open space, water, soil or wildlife or plant resources.
      B.   Pedestrian, hiking, horse or bicycle trails.
      C.   Game farm, such as deer, pheasant or other small animals; not involving a structure or structures.
      D.   Hunting or trapping.
      E.   Forestry.
      F.   Passive recreation.
      G.   Wildlife propagation and management.
      H.   Wildlife sanctuaries.
      I.   Public and private recreational areas.
      J.   Public utilities and facilities, excluding personal wireless service facilities, in accordance with § 27-1110.
      K.   Any use determined by the Zoning Officer to be of the same general character as the above listed permitted uses.
   3.   Uses Permitted by Conditional Use. The following uses, buildings or structures are permitted by conditional use when approval is granted by the Borough Council in accordance with Chapter 27, §§ 27-912 and 27-1115 through 27-1118:
      A.   Nurseries or tree farms in accordance with § 27-1116.
      B.   Open space developments in accordance with § 27-1115.
      C.   Primitive campgrounds in accordance with § 27-1117.
      D.   Single-family detached dwellings on existing lots of record in existence prior to January 13, 2005, the effective date of this Section in accordance with § 27-1118.
   4.   Accessory Permitted Uses, Buildings or Structures. Accessory uses, buildings or structures incidental to the principal permitted uses are permitted if located on the same lot except:
      A.   Storage buildings in accordance with § 27-802.2 shall be limited to 400 square feet.
      B.   Private antenna towers shall not exceed 50 feet in height.
      C.   Accessory buildings, structures or uses on land with 15% slope or greater shall not exceed a maximum impervious coverage of 5%.
   5.   Height Regulations. The height of a principal building shall not be more than 35 feet.
   6.   Lot Area Regulations. The minimum lot area shall be as listed below, except as modified by § 27-1115.
      A.   Property with a 0-7.99% slope - 2.5 acres.
      B.   Property with 8-14.99% slope on 50% or more of the site - 5 acres.
      C.   Property with 15-24.99% slope on 50% or more of the site - 10 acres.
      D.   Property greater than 25% slope on more than 50% of the site, single-family dwelling(s) shall be prohibited.
   7.   Lot Width. At the required minimum front building setback line, the lot width shall be a minimum of 200 feet.
   8.   Yard Regulations. Each lot shall have front, side and rear yards of not less than the depth and width indicated below:
      A.   Front yard - 50 feet.
      B.   Side yard - 40 feet on each side. On a corner lot, the side yard abutting the street shall not be less than 50 feet.
      C.   Rear yard- 50 feet.
   9.   Coverage Regulations. Impervious surfaces coverage shall not be more than 10%.
   10.   Woodland Preservation Requirements. In existing wooded areas (as of effective date of this Section) at least 80% of the number of trees of a minimum trunk caliber of 6 inches measured 4½ feet above the ground that currently exist shall be maintained or replaced immediately following construction and prior to occupancy. Replacement trees shall be a minimum of 2 inches in diameter measured at a height of 4½ feet above the finished grade. Only those areas necessary for the construction of buildings, structures and other uses for which a zoning permit has been issued shall be cleared of existing woodland.
   11.   Disturbed Area. No more than 33% of the total lot area shall be disturbed during construction.
   12.   Roofs and Exterior Finishes. Roofs and exterior finishes on structures shall be of a color that blends in with the natural environment.
(Ord. 462, 8/14/1995, §406; as amended by Ord. 560, 6/13/2005)