1.   For the purposes of this Chapter, Millheim Borough provides the following districts.

      A.   Conservation/Agricultural.

      B.   Village Residential (Low Density).

      C.   Village Residential.

      D.   Village Residential (High Density).

      E.   Village (Mixed Use).

      F.   Central Business.

      G.   Industrial.

   2.   These seven (7) districts follow the future land use plan as recommended in the Penns Valley Region Comprehensive Plan 2006. Each district is intended to allow for a variety of uses that maintains and enhances the existing characteristics found in the Borough of Millheim.

(Ord. 231, 10/16/2007, § 8)

The main purpose and intent of these districts is:

   1.   To provide for traditional neighborhoods with a diversity of uses, block sizes, dwelling unit types and green spaces in a compact arrangement that promotes walkability.

   2.   To encourage new development, which emulates the character found in the Borough of Millheim in places such as the downtown and surrounding residential neighborhoods.

   3.   To promote a streetscape quality to neighborhoods that furthers the identity of the Borough of Millheim as an historic village in the Penns Valley area of Centre County.

   4.   To encourage a combination of business and residential uses which enables jobs and employment opportunities close to home.

(Ord. 231, 10/16/2007, § 8)

   1.   Intent.

      A.   To preserve the most suitable land and soils for continued agricultural activities.

      B.   To preserve areas of natural resources such as forests and stream corridors.

      C.   To maintain the existing village pattern.

      D.   To create neighborhoods that follow the traditional village design with direct visual access to the agricultural areas.

   2.   District Regulations. Only the following uses shall be permitted in the Conservation/Agricultural District. All uses must conform to the density, height, lot width, and building setback line requirements stipulated herein, as well as other appropriate requirements of this Chapter. All uses not specifically stated are prohibited.

   3.   Permitted Uses.

      A.   Farm Uses.

         (1)   Tilling of the land, raising of crops, fruits and vegetables. Raising and keeping of livestock and poultry (excluding concentrated animal feeding operations). Also, see Millhelm Borough Codified Ordinances, Chapter 2, Part 1, § 102, “Certain Animals Prohibited.” “It shall be unlawful for any person to keep any pigs, hogs or swine at any place within the Borough of Millheim.” (Ord. 151, 11/12/1984)

         (2)   Horticultural uses related to the raising, propagating, and selling of trees, shrubs, flowers, and other plant materials produced and raised on the premises.

         (3)   Usual farm structures, including barns, silos, and greenhouses. Commercial establishments for the processing, storage, and sale of farm products produced and raised on the premises.

      B.   Supplemental Uses.

         (1)   Bed and breakfast establishments.

         (2)   Cemeteries.

         (3)   Churches.

         (4)   Essential services.

         (5)   Government and public service facilities.

         (6)   Outdoor public recreation uses.

         (7)   Parks or playground.

         (8)   Public and private land conservation.

         (9)   Public and private schools.

         (10)   Single-family homes.

         (11)   Stables/riding academies.

         (12)   Veterinary hospital.

   4.   Density.

      A.   Minimum lot size–1 acre (on-site sewer water); 2 acres for agricultural uses.

   (See § 304.8, “Design Criteria for Conservation/ Agricultural District.”)

   5.   Height, Lot Width, Building Setback Line.

      A.   Height–45 feet buildings/120 feet silos; 35 feet residential.

      B.   Lot width–150 feet with on-site sewer and water; 75 feet with public sewer and water.

      C.   Setbacks.

         (1)   Front–20 feet.

         (2)   Side–10 feet.

         (c)   Rear–20 feet.

[Ord. 242]

   6.   Sidewalk/Traffic Details.

      A.   Sidewalk–none.

      B.   Street right-of-way–50 feet.

      C.   Traffic lane–2 @ 9feet with a maximum of 10 feet.

      D.   Parking lane–none.

      E.   Off-street parking–2 spaces per dwelling unit.

      F.   Alley right-of-way–18 feet.

      G.   Maximum impervious coverage of lot.

         (1)   Agricultural use–20 percent.

         (2)   Residential use–50 percent.

(Ord. 231, 10/16/2007, § 8; as amended by Ord. 242, 11/9/2010, § 3)

   1.   Intent. To provide for low density housing opportunities in close proximity to the historic downtown of Millheim that follows the traditional village pattern.

   2.   District Regulations. Only the following uses shall be permitted in the Village Residential (Low Density) District. All uses must conform to the density, height, lot width, and building setback line requirements stipulated herein, as well as other appropriate requirements of this Chapter. All uses not specifically stated are prohibited.

   3.   Permitted Uses.

      A.   Bed and breakfast establishments.

      B.   Cemeteries.

      C.   Child day care facilities.

      D.   Churches.

      E.   Essential services.

      F.   Government and public service facilities.

      G.   Home occupations.

      H.   Outdoor public recreation uses.

      I.   Parks or playground.

      J.   Public and private land conservation.

      K.   Public and private schools.

      L.   Single-family homes.

   4.   Density.

      A.   Minimum lot size–6,500 square feet.

      B.   Maximum lot size–2 acres.

   5.   Height, Lot Width, Building Setback Line.

      A.   Height–35 feet maximum.

      B.   Lot width–100 feet maximum.

      C.   Setbacks.

         (1)   Front–10 to 20 feet.

         (2)   Side–10 feet minimum.

         (3)   Rear–20 feet minimum.

   6.   Sidewalk/Traffic Details.

      A.   Sidewalk–1 @ 4 feet minimum.

      B.   Street right-of-way–50 feet.

      C.   Traffic lane–2 @ 9 feet with a maximum of 12 feet.

      D.   Parking lane–none.

      E.   Off-street parking–2 spaces per dwelling unit.

      F.   Alley right-of-way–18 feet minimum.

      G.   Maximum impervious coverage of lot–50 percent maximum.

(Ord. 231, 10/16/2007, § 8)

   1,   Intent. To promote the continuation of the existing traditional village neighborhood pattern in Millheim that is predominantly residential.

   2.   District Regulations. Only the uses listed below shall be permitted in the Village Residential District. All uses must conform to the density, height, lot width, and building setback line requirements stipulated herein, as well as other appropriate requirements of this Chapter. All uses not specifically stated are prohibited.

   3.   Permitted Uses.

      A.   Barbers and beauticians.

      B.   Bed and breakfast establishments.

      C.   Child day care homes.

      D.   Churches.

      E.   Conversion apartments.

      F.   Duplexes.

      G.   Essential services.

      H.   Government facilities.

      I.   Home occupations.

      J.   Parks or playground.

      K.   Public and private schools.

      L.   Single-family homes.

   4.   Density.

      A.   Minimum lot size–4,000 square feet.

      B.   Maximum lot size–15,000 square feet.

   5.   Height, Lot Width, Building Setback Line.

      A.   Height–35 feet maximum.

      B.   Lot width–60 feet maximum.

      C.   Setbacks.

         (1)   Front–0 to 10 feet.

         (2)   Side–0 to 8 feet.

         (3)   Rear–0 (garage), 20 feet minimum (building).

   Also, see Millheim Borough Code Book Chapter 4, Part 3, § 305, Design Guidelines for regulations on such things as building height, proportion of building front facades, etc., for properties located within the Millheim Borough Historic District.

   6.   Sidewalk/Traffic Details.

      A.   Sidewalk–2 @ 4 feet minimum.

      B.   Street right-of-way–50 feet.

      C.   Traffic lane–2 @ 9 feet with a maximum of 12 feet.

      C.   Parking lane–1 @ 8 feet.

      D.   Off-street parking–2 spaces per dwelling unit.

      E.   Alley right-of-way–18 feet minimum.

      F.   Maximum impervious coverage of lot–50 percent maximum.

(Ord. 231, 10/16/2007, § 8)

*Also see buffer yard criteria.

   1.   Intent. To provide for a variety of affordable housing opportunities that reflect the traditional village neighborhood pattern in locations that are walkable to downtown Millheim.

   2.   District Regulations. Only the following uses shall be permitted in the Village Residential (High Density) District. All uses must conform to the density, height, lot width, and building setback line requirements stipulated herein, as well as other requirements of this Chapter. All uses not specifically stated are prohibited.

   3.   Permitted Uses.

      A.   Bed and breakfast establishments.

      B.   Boarding houses.

      C.   Cemeteries.

      D.   Child day care facilities.

      E.   Churches.

      F.   Duplexes.

      G.   Multi-family homes.

      H.   Nursing and assisted living homes.

      I.   Parks or playground.

      J.   Public and private schools.

      K.   Single-family homes.

      L.   Townhouses.

   4.   Density.

      A.   Minimum lot size–4,000 square feet. (Single Family).

      B.   Maximum lot size–7,500 square feet. (Single Family).

   5.   Height, Lot Width, Building Setback Line.

      A.   Height–35 feet SFD, THD; 45 feet MFD. (Would allow high story apartment building with height restrictions of 35 feet or 3 stories.)

      (1)   SFD–single-family dwellings.

         (2)   MFD–multi-family dwellings.

         (3)   THD–townhouse dwellings.

   (For definitions see dwellings, single-family; dwellings, multi-family, and dwellings, single-family attached townhouses).

      B.   Lot width–50 feet SFD; 100 feet THD, MFD.

         (1)   Setbacks.

            (a)   Front–5 to 15 feet.

            (b)   Side–0 to 10 feet.

            (c)   Rear–25 feet minimum.

   6.   Sidewalk/Traffic Details.

      A.   Sidewalk–2 @ 4 feet minimum.

      B.   Street right-of-way–50 feet.

      C.   Traffic lane–2 @ 9 feet with a maximum of 12 feet.

      D.   Parking lane–none.

      E.   Off-street parking–2 spaces per dwelling unit.

      F.   Alley right-of-way–18 feet minimum.

      G.   Maximum impervious coverage of lot–50 percent maximum.

(Ord. 231, 10/16/2007, § 8)

   1.   Intent. To promote the continuation of the traditional village neighborhood pattern that recognizes the residential, commercial, and public activities adjacent to downtown Millhelm.

   2.   District Regulations. Only the following uses shall be permitted in Village (Mixed Use) District. All uses must conform to the density, height, lot width, and building setback line requirements stipulated herein, as well as other appropriate requirements of this Chapter. All uses not specifically stated are prohibited.

   3.   Permitted Uses.

      A.   Artists, artisans, and craftsman studios.

      B.   Automotive repair garage.

      C.   Automotive service station.

      D.   Barbers and beauticians.

      E.   Bed and breakfast establishments.

      F.   Business services.

      G.   Cemeteries.

      H.   Child day care facilities.

      I.   Churches.

      J.   Clubs or service organizations.

      K.   Conversion apartments.

      L.   Cultural facilities.

      M.   Duplexes.

      N.   Eating and drinking establishments.

      O.   Essential services.

      P.   Farmers market (temporary permit required).

      Q.   Flea market (temporary permit required).

      R.   Government facilities.

      S.   Home occupations.

      T.   Live/work units.

      U.   Medical and dental offices.

      V.   Neighborhood retail business.

      W.   Parks or playground.

      X.   Professional offices.

      Y.   Public and private schools.

      Z.   Repair and rental services.

      AA.   Single-family homes.

   4.   Density.

      A.   Minimum lot size–4,000 square feet.

      B.   Maximum lot size–15,000 square feet.

   5.   Height, Lot Width, Building Setback Line.

      A.   Height–35 feet maximum.

      B.   Lot width–50 feet maximum.

      C.   Setbacks.

         (1)   Front–0 to 10 feet.

         (2)   Side–0 to 10 feet.

         (3)   Rear–0 (garage), 20 feet minimum (building).

         (4)   Nonresidential Setbacks (with no minimum lot width).

            (a)   Front–25 feet.

            (b)   Side–25 feet.

            (c)   Rear–50 feet.

[Ord. 242]

   Also, see Millheim Borough Code Book Chapter 4, Part 3, § 305, Design Guidelines, for regulations on such things as building height, proportion of building front facades, etc. for properties located within the Millheim Borough Historic District.

   6.   Sidewalk/Traffic Details.

      A.   Sidewalk–2 @ 4 feet minimum.

      B.   Street right-of-way–50 feet.

      C.   Traffic lane–2 @ 10 feet with a maximum of 12 feet.

      D.   Parking lane–1 @ 8 feet.

      E.   Off-street parking–2 spaces per 1,000 square feet shared or off-site.

      F.   Alley right-of-way–18 feet minimum.

      G.   Maximum impervious coverage of lot–50 percent maximum.

(Ord. 231, 10/16/2007, § 8; as amended by Ord. 242, 11/9/2010, § 4)

   1.   Intent.

      A.   To provide for the retail, business, residential, cultural, and civic needs of Millheim and the eastern Penns Valley Area.

      B.   To promote and maintain Millheim's historical character and adaptive reuse of buildings.

      C.   To promote uses that encourage pedestrian activities and serve the needs of adjacent neighborhoods.

   2.   District Regulations. Only the following uses shall be permitted in the Central Business District. All uses must conform to the density, height, lot width, and building setback line requirements stipulated herein, as well as other appropriate requirements of this Chapter. All uses not specifically stated are prohibited.

   3.   Permitted Uses.

      A.   Amusement arcade.

      B.   Artists, artisans and craftsman studios.

      C.   Bakeries.

      D.   Banks.

      E.   Barbers and beauticians.

      F.   Bed and breakfast establishments.

      G.   Business services.

      H.   Churches.

      I.   Clubs or service organizations.

      J.   Community centers.

      K.   Duplexes.

      L.   Eating and drinking establishments.

      M.   Essential services.

      N.   Farmers market (temporary permit required).

      O.   Flea market (temporary permit required).

      P.   Florists.

      Q.   Government facilities.

      R.   Hotels.

      S.   Jewelry stores.

      T.   Laundromats and dry cleaners.

      U.   Libraries.

      V.   Live/work units.

      W.   Medical and dental offices.

      X.   Movie theatres.

      Y.   Multi-family homes.

      Z.   Museums.

      AA.   Neighborhood retail business.

      BB.   Parks or playground.

      CC.   Professional offices.

      DD.   Public and private schools.

      EE.   Repair services (such as small appliance, shoe, etc., but excluding automotive).

      FF.   Microbrewery, microdistillery and/or microwinery.

      GG.   Single-family homes.

      HH.   Tailors and seamstresses.

      II.   Veterinary hospital.

      JJ.   Adult businesses and gasoline sales shall not be permitted.

   4.   Density. None recommended. Historic District criteria, setbacks and impervious coverage will determine size of permitted uses.

   5.   Height, Lot Width, Building Setback Line.

      A.   Height–maximum height not to exceed the height of the tallest adjacent building or structure by ten (10) percent.

      B.   Setbacks.

         (1)   Front–0 to 5 feet.

         (2)   Side–0 to 3 feet.

         (3)   Rear–0, 25 feet (if off-site parking is provided).

   See Millheim Borough Code Book Chapter 4, Part 3, § 305 Design Guidelines, for regulations on such things as building height, proportion of building front facades, etc. for properties located within the Millheim Borough Historic District.

   6.   Sidewalk/Traffic Details.

      A.   Sidewalk–2 @ 4 feet or curb to property.

      B.   Street right-of-way–50 feet.

      C.   Traffic lane–2 @ 10 feet with a maximum of 12 feet.

      D.   Parking lane–2 @ 8 feet on street.

      E.   Off-street parking–2 spaces per 1,000 square feet shared or off-site.

      F.   Alley right-of-way–18 feet minimum.

      G.   Maximum impervious coverage of lot–85 percent maximum.

*Also see buffer yard criteria.

   1.   Intent. To provide for small-scale manufacturing, research, and other related industries in a location that minimizes impacts to the residents of Millheim Borough and Penn Township.

   2.   District Regulations. Only the following uses shall be permitted in the Industrial District. All uses must conform to the density, height, lot width, and building setback line requirements stipulated herein, as well as other appropriate requirements of this Chapter. All uses not specifically stated are prohibited.

   3.   Permitted Uses.

      A.   Any production, manufacturing, assembly, processing, cleaning, repair, storage and/or distribution of goods, materials, foodstuffs, and other products (retail sales of manufactured products is permitted as an accessory use).

      B.   All uses in the Conservation/Agricultural District Communication facilities.

      C.   Essential services.

      D.   Government and public service facilities.

      E.   Moving, storage, and parcel delivery facilities.

      F.   Repair and rental services (except gasoline sales).

      G.   Wholesale distribution, warehousing facility, contractor's storage yard, and office complex.

   4.   Density. None recommended. Setbacks and impervious coverage will determine size of permitted uses.

   5.   Height, Lot Width, Building Setback Line.

      A.   Height–45 feet maximum.

      B.   Setbacks.

         (1)   Front–10 to 25 feet.

         (2)   Side–25 feet. (50 feet if adjoining residential).

         (3)   Rear–50 feet minimum.

   6.   Sidewalk/Traffic Details.

      A.   Sidewalk–2 @ 4 feet or curb to property.

      B.   Street right-of-way–50 feet.

      C.   Traffic lane–2 @ 12 feet minimum.

      D.   Parking lane–none.

      E.   Off-street parking–3 spaces per 1,000 square feet.

      F.   Alley right-of-way–none.

      G.   Maximum impervious coverage of lot–70 percent maximum.

(Ord. 231, 10/16/2007, § 8; as amended by Ord. 242, 11/9/2010, §§ 3, 4)

   1.   Unlike conventional suburban development patterns (with separated land uses, deep setbacks, no on-street parking or sidewalks, and cul-de-sacs), the development of neighborhoods in the Borough of Millheim shall be consistent with its historic development which promotes a more compact and integrated layout pattern and shall have connectivity to and/or provide the following key design elements:

      A.   Millheim Downtown/Civic Area. The anchor for Millheim, this focal point contains Fountain Park, retail shops, offices, and a post office that provide a place for commerce, gatherings, and special events.

      B.   Mix of Uses. Combines residential, civic, recreational, commercial and open space uses in a diversified but seamless arrangement; also combines first floor retail with first rear dwellings and/or second floor dwellings and/or offices.

      C.   Building Types. Focuses on buildings designed by type, not solely by function, to allow for adaptations and changes in use (i.e., from dwelling, to shop, to work place, to civic).

      D.   Park and Open Space Land. Creates the green, square, or park to help anchor the neighborhood; a system of green spaces balanced with the built environment and distributed within the neighborhood; includes a green edge of open space to help shape the neighborhoods where appropriate.

      E.   Network System of Interconnecting Streets. Organizes a block and pattern of lots in keeping with the historic pattern of Millheim; integrates with existing lanes, alleys, neighborhood streets; links to sidewalks, pedestrian trails, and other transportation systems.

      F.   On-street/Parallel or Angled Parking. Provides a separator between vehicular and pedestrian traffic; utilizes the cartway as an aisle; (with overflow parking to the rear or side of buildings); promotes effective traffic calming by slowing down the speed of vehicles, especially along narrower streets.

      G.   Alleys. Allows for preservation of frontage streetscape; moves vehicular access to detached garages in the rear; provides access for deliveries, utilities and staging construction.

      H.   Shallow Setbacks. Helps to re-create and follow the existing streetscape widths throughout the historic area of Millheim. Two and three-story buildings, typically 55 to 85 feet across from one another on both sides of the street; promotes a human scale for the pedestrian with buildings placed at a build-to line create a street wall.

      I.   Front Porch/Portico/Colonnade. Serves as transition element from the private realm of the building to public realm of the sidewalk and street; provides shade; promotes an ornamental feature on the building; creates a space to sit, read, relax; provides outdoor area to greet and socialize with neighbors.

      J.   Sidewalks/Crosswalks/Pedestrian Paths/Walkways. Serves to link neighborhoods, street blocks, lots, and buildings/dwellings: accommodates a healthy pedestrian circulation network; provides close to home opportunities for shopping, exercise; and an appreciation of the neighborhood and its place as a connection to Millheim's downtown.

      K.   Shade Trees. Provide a green canopy along the sidewalks on both sides of the street where appropriate - and as shade trees, provides an old shade character.

      L.   Other Vertical Infrastructure. Includes fences, hedges, walls, street lamps, benches, gazebo, pavilion, pergola, and monuments or like features.

(Ord. 231, 10/16/2007, § 9)

   1.   Millheim's districts shall focus first on building types and second on uses within buildings. Except for the downtown (central business district), civic buildings, and industrial buildings, other buildings in a neighborhood shall have a size, height, scale and proportion that is compatible with Millheim's residential buildings. Therefore, the corner store, the office, or other business uses located outside the downtown should blend with the residential architecture of the neighborhood.

   2.   Regardless whether fee-simple lots or some form of common ownership is to be used, when Millheim's Neighborhood developments are first created, the proposed lots shall be laid out and designated as either residential, nonresidential (which may include live-work units) or green space. Residential lots shall be further categorized as either family attached or multifamily. All lots shall be laid out so that the dimensional, coverage and all other requirements specified in this subsection shall be satisfied.

However, the actual lot lines do not need to be legally established. Any future development on an individual lot, regardless whether or not it has been legally established, shall conform to this initial use designation for that particular lot.

   3.   The following uses shall be permitted by right in the specified zoning district, provided that all detailed design standards of this Section are met:

      A.   Adaptive reuse of existing buildings.

      B.   Conversions of existing buildings.

      C.   Civic buildings such as municipal/community center buildings, meeting hall, post office, library, or places of worship.

      D.   Small commercial buildings, limited to uses such as a corner store, coffee shop, newsstand, delicatessen or flower shop less than 1,500 square feet of gross floor area, provided that they are designed to be compatible with and limited to the convenience of the surrounding neighborhood.

      E.   Live-work units.

      F.   A range of dwelling unit types as set forth and described in this Chapter.

      G.   Offices, limited to uses permitted in the specified zoning districts, provided that they are designed to be compatible with the neighborhood, as set forth in this Chapter.

      H.   Home occupation, in accordance with this Chapter.

   4.   The following uses shall be permitted as accessory uses:

      A.   Accessory uses that are clearly incidental to the uses permitted by right, such as parking, residential accessory structures or nonresidential structures, and further provided that all accessory structures meet all setback requirements of principal buildings and structures.

(Ord. 231, 10/16/2007, § 10)

   1.   Green Space Requirements.

      A.   A green space of at least 25 feet in width shall be designated and maintained along any property line which directly abuts lots with existing single-family detached dwellings. Such green space shall be free of any structures, except for boundary fences, walls, curbing, pathways or sidewalks connecting adjacent neighborhoods, and existing buildings or structures. Such green space shall be landscaped in accordance with a landscape plan determined by Borough Council.

      B.   Within the Business and Neighborhood District, a variety of green spaces shall be designed to complement residential and nonresidential development. A minimum of twenty (20) percent of the total site area shall be designated, landscaped and maintained as green space, exclusive of any stormwater management facilities or areas.

      C.   Green space shall take on the form of a park, parklet, playfield, playground, buffer, or approved landscaped area, in accordance with a landscape plan that complies with the Borough's Landscape Design Standards (See Buffer Yards and Screening Requirements) as determined by Borough Council.

      D.   Green spaces shall be at least 2,000 square feet in area in order to count toward the twenty (20) percent minimum requirement.

      E.   Green space shall be owned and maintained in a form that is acceptable to Borough Council. [Ord. 242]

      F.   Green space shall be landscaped in accordance with this Section.

   2.   Streets, Alleys and Accessways.

      A.   Streets, alleys, and access ways shall form an interconnected vehicular circulation network to the maximum extent possible as determined by Borough Council.

      B.   All streets shall be sufficient in width to provide for on-street parking on at least one side. An on-street parking space shall measure at least eight (8) feet wide by twenty-two (22) feet long when parallel to the curb line.

      C.   Streets with on-street parking on one side shall be a minimum of twenty-six (26) feet in width (with two nine (9) foot travel lanes and one - eight (8) foot parking bay).

      D.   Streets with on-street parking on both sides shall be a minimum of thirty-four (34) feet in width (with two nine (9) foot travel lanes and two - eight (8) foot parking bays).

      E.   Alleys shall be provided to enable buildings to be placed closer to the street and thereby enhance the curb appeal of the traditional neighborhood. Alleys shall be provided to move vehicular access to the rear of buildings to the maximum extent possible and thereby to move garage doors and curb cuts away from the frontage streetscape.

      F.   Alley right-of-ways that are two-way and proposed for dedication to the Borough shall be at least eighteen (18) feet in width. Alleys that are two-way and not proposed for dedication to the borough may be reduced to fourteen (14) feet in width.

      G.   Alley cartways that are one-way and not proposed for dedication shall be at least twelve (12) feet in width.

      H.   All one-way accessways and driveways shall be at least nine (9) feet in width.

   3.   Curb Cuts, Driveways, and Garages.

      A.   Garages, driveways and/or parking lots shall not be the dominant aspect of the building design and/or the streetscape as viewed from the street.

      B.   To the maximum extent possible as determined by Borough Council, garages shall be accessed from an alley. In those places where alleys are not possible to service development as determined by Borough Council, curb cuts may be permitted, provided that the garage door is recessed at least eighteen (18) feet from the front facade, and further provided that no more than ten (10) percent of the total number of dwelling units are accessed by such curb cuts.

      C.   Where garages are accessed from an alley and a parking apron is provided perpendicular to an alley, such garage shall be eighteen (18) feet from the edge of the alley.

      D.   Where garages are accessed from an alley and a parking apron is provided parallel to an alley, such garage shall be eight (8) feet from the edge of the alley.

      E.   Garages for residential dwelling units shall meet one of the following design options, listed in the order of preference for the traditional neighborhood:

         (1)   The garage is rear-entry, such that garage doors are on the opposite side of the house from the front facade, preferably accessed from an alley.

         (2)   The garage is located behind the rear facade of the house. Such garage may be detached from or attached to the dwelling, and the garage doors may face any direction.

         (3)   The garage is front-entry and recessed at least eighteen (18) feet from the front facade (excluding any porches or decks) of the building. When residential garages face a street, the garage shall comprise no more than twenty-five (25) percent of the total area of the front facade elevation of a dwelling unit, measured from ground level to the lower edge of the roof.

         (4)   The garage is side-entry, such that garage doors are perpendicular or radial to the street which the front facade faces.

   4.   Sidewalks and Pathways.

      A.   Sidewalks of at least four (4) feet in width shall be constructed and maintained along all streets.

      B.   Pathways of at least four (4) feet in width shall be constructed and maintained to link to existing off-site pathways and to enhance the use of green areas as required by Borough Council.

   5.   Street Trees and Other Landscaping.

      A.   All street trees, landscaping and plantings shall comply with the landscaping design standards. (See Buffer Yards and Screening Requirements.)

      B.   Other landscaping in the form of perimeter buffers, screens, foundation plantings, fencing walls, pergolas, gazebos, monuments or other civic art shall be essential to the Business and Neighborhood District and shall be subject to plan approval by Borough Council.

      C.   Nonresidential parking areas shall be buffered from residential areas by landscaping and/or compatible small-scale residential buildings and/or structures.

   6.   Buffer Yards and Screening Requirements. As required in this Chapter, buffer yards shall be required in the Village Residential - High Density and Industrial Zoning Districts in accordance with the following:

      A.   Potential impacts from multi-family developments and industrial uses such as noise, dust, heat, glare, lighting, and on-site traffic shall be effectively screened with a visual barrier. In addition:

         (1)   Buffer yards as required shall be a minimum of 25 feet in width and provided on each lot, lease area, or development area.

         (2)   Consideration may be given to the use of existing vegetation or hedgerows for the required buffer yard as determined by Borough Council and the Planning Commission.

         (3)   Buffer yards shall not be used for storage, loading, parking, or structures.

         (4)   All plantings shall be compatible with the environmental conditions they will be exposed to.

         (5)   Buffer yards shall be maintained regularly. Any plant material that does not survive must be replaced.

      B.   The required buffer yard between the proposed High Density Residential District and adjacent districts shall be screened in accordance with the following:

         (1)   Three (3) evergreen trees six (6) to eight (8) feet in height at the time of planting; two (2) deciduous canopy trees with a minimum caliper width of at least two (2) inches at the time of planting: and five (5) small flowering deciduous trees or shrubs four (4) to five (5) feet in height at the time of planting for every 50 linear feet of buffer yard length.

      C.   The required buffer yard between the proposed industrial district and adjacent districts shall be screened in accordance with the following:

         (1)   Four (4) evergreen trees six (6) to eight (8) feet in height at the time of planting; three (3) deciduous canopy trees with a minimum caliper width of at least two (2) inches at planting; five (5) small flowering deciduous trees or shrubs four (4) to five (5) feet in height at the time of planting for every 50 linear feet of buffer yard length.

         (2)   The evergreen trees shall be strategically located to obscure sight of the proposed buildings from adjacent residential homes, buildings, and roadways.

         (3)   Landscaped earth mounding and/or decorative fencing may be used in addition to the required plantings as determined by Borough Council and the Planning Commission.

      D.   No tree, fence, wall, earth mound, or similar item shall be installed in the sight triangle of any street corner, street intersection, or access intersecting a public rlght-of-way that would cause an obstructlon to visibility.

      E.   Invasive species are detailed below and shall not be permitted as a component of a buffer yard or landscape plan, except for those species that are existing on the site and are proposed for incorporation into the site landscaping.

         (1)   Invasive plants displace naturally occurring vegetation and, in the process, upset nature's balance and diversity. Invasive plants share the following characteristics:

            (a)   Rapid growth and prolific reproductive capabilities.

            (b)   Successful seed dispersal, germination, and colonization processes.

            (c)   Rampant spreading that takes over native species.

            (d)   Very costly to control.

         (2)   In general, aggressive, non-native plants have no controls to limit their spread. Those listed below are not to be planted in Millheim Borough.

            (a)   Trees (botanic name: common name).

               1)   Acer platanoides; Norway Maple.

               2)   Acer pseudoplatanus; Sycamore Maple.

               3)   Ailanthus altissima; Tree-of-Heaven.

               4)   Elaeagnus angustifolia; Russian Olive.

               5)   Populus alba; White Poplar.

               6)   Ulmus pumila; Siberian Elm.

               7)   Viburnum lantana; Wayfaring Tree.

            (b)   Shrubs and Vines (botanic name: common name).

               1)   Berberis thunbergii; Japanese Barberry.

               2)   Elaeagnus umbellate; Autumn Olive.

               3)   Euonymus alatus; Winged Euonymus.

               4)   Ligustrum vulgare; European Privet.

               5)   Lonicera japonica; Japanese Honeysuckle.

               6)   Lonicera maackii; Amur Honeysuckle.

               7)   Lonicera morrowii; Morrow's Honeysuckle.

               8)   Lonicera tatarica; Tartarian Honeysuckle.

               9)   Lonicera x-bella; Hybrid Honeysuckle.

               10)   Lythrum salicaria; Purple Loosestrife (herbaceous).

               11)   Morus alba; White Mulberry.

               12)   Morus rubra; Red Mulberry.

               13)   Phylostachys aubea; Bamboo.

               14)   Rhamnus cathartica; Common Buckthorn.

               15)   Rhamnus frangula; Glossy Buckthorn.

               16)   Rosa multiflore; Multiflora Rose.

               17)   Viburnum opulus; European Highbush Cranberry.

      F.   Plants that are native to central Pennsylvania and appropriately selected for the site conditions provide a beautiful, hardy, low maintenance landscape while benefitting the environment. Once established, native plants save time and money by eliminating or significantly reducing the need for fertilizers, pesticides, water, and maintenance equipment.

         (1)   The plants listed below are well suited for the Penns Valley Area as identified in USDA Hardiness Zone 6 (or colder zone) and/or are shown in plant book maps as native to central PA:

            (a)   Trees (botanic name; common name).

               1)   Acer spp.; Maple species.

               2)   Amelanchier spp.; Serviceberry species.

               3)   Alnus rugosa; Hazel Alder.

               4)   Carpinus caroliniana; American Hornbeam.

               5)   Carya spp,; Hickory species.

               6)   Celtis occidentalis; Common Hackberry.

               7)   Cercis Canadensis; Eastern Redbud.

               8)   Cornus alternifolie; Pagoda Dogwood.

               9)   Corpus florida; Flowering Dogwood.

               10)   Fagus grandifolia; American Beech.

               11)   Fraxinus spp. White; Black & Green Ash.

               12)   Juniperus virginiana; Eastern Red Cedar.

               13)   Liriodendron tulipifera: Tuliptree.

               14)   Nyssa sylvatica; Black Tupelo.

               15)   Ostrya virginiana; American Hornbeam.

               16)   Pinus strobus; Eastern White Pine.

               17)   Pinus resinosa; Red Pine.

               18)   Platanus occidentalis; American Planetree.

               19)   Populus spp.; Aspen species.

               20)   Prunus spp.; Pin and Black Cherry; Chokeberry.

               21)   Quercus spp.; Black, White, Northern Red, Scarlet, Pin & Chestnut Oak.

               22)   Rhus spp.; Sumac species.

               23)   Salix discolor nigra; Pussy and Black Willow.

               24)   Sassafras albidum; Common Sassafras.

               25)   Tilia Americana; American Basswood (Linden).

               26)   Tsuga Canadensis; Canada Hemlock.

            (b)   Shrubs (botanic name: common name).

               1)   Alnus serrulata; Common alder.

               2)   Aronia spp.; Red, Black and Purplefruit Chokeberry.

               3)   Comptonia peregrine; Sweetfern.

               4)   Cornus spp.; Dogwood species.

               5)   Corylus spp.; Filbert species.

               6)   Hydrangea arborescens; Smooth Hydrangea.

               7)   Hypericum prolificum: Shrubby St. Johnswort.

               8)   Ilex verticillata; Common Winterberry Holly.

               9)   Kalmia latifolia; Mountain Laurel.

               10)   Lindera benzoin; Common Spicebush.

               11)   Rhododendron arborescens; Sweet Azalea.

               12)   Rhododendron nudiflorum; Pinxterbloom Azalea.

               13)   Rhododendron roseum; Roseshell Azalea.

               14)   Rubus spp.; Blackberry, Raspberry, and Thimbleberry.

               15)   Sambucus spp.; Elder species.

               16)   Vaccinium spp.; Lowbush and Highbush Blueberry; Deerberry.

               17)   Viburnum spp.; Mapleleaf; Hobblebush, and Cranberrybush Viburnum.

         (2)   Or other plant materials native to Central Pennsylvania as listed in reference books, such as:

            (a)   Native Plant References (or newer editions):

               1)   Hightshoe, Gary L. 1988. Native Trees, Shrubs, and Vines for Urban and Rural America. New York: Van Nostrand Reinhold.

               2)   Little, Elbert L. 1993. The Audubon Society Field Giude to North American Trees. New York: Alfred A. Knopf.

               3)   Otteson, Carole. 1995. The Native Plant Primer. New York: Harmony Books.

               4)   Petrides, George A. 1998. Peterson Field Guide to Eastern Trees. New York: Houghton Mifflin.

               5)   Taylor, Patricia. 1996. Easy Care Native Plants: a Guide to Selecting and Using Beautiful American Flowers, Shrubs, and Trees in Gardens and Landscapes. New York: Henry Holt and Company.

               6)   Sternberg, Guy and Jim Wilson. 1995. Landscaping with Native Trees. Shelburne, VT: Chapters Publishing, Ltd.

   7.   Building and Neighborhood Design.

      A.   The buildings in the Business and Neighborhood Districts shall relate to the context of existing places and buildings within the Borough. The size, mix, proportion, and form of buildings shall emulate the heritage and character of the Millheim downtown and residential neighborhoods.

      B.   With respect to nonresidential buildings, blank walls shall not be permitted along any exterior wall facing a street, parking area, or walking area. Exterior walls in these locations shall have architectural treatments that are the same as the front facade, including consistent style, materials, fenestration and details. [Ord. 242]

      C.   With respect to nonresidential buildings, blank walls shall not be permitted along with any exterior wall facing a street, parking area or walking area. Exterior walls in these locations shall have architectural treatments that are the same as the front facade, including consistent style, materials, fenestration, and details.

   8.   Design Criteria for the Conservation/Agricultural District. The following design criteria is to be used in conjunction with the Millheim Borough Zoning Ordinance, Conservation/Agricultural District regulations. This criteria follows the intent of that ordinance, which is to preserve the most suitable land for agricultural activities, preserve natural resources and features, and create neighborhoods that are an extension of, and follow as much as possible, the existing village development pattern in the Borough of Millheim.

      A.   Site Analysis.

         (1)   Primary conservation features, such as steep slopes (25 percent or greater), 100-year floodplain areas, and wetlands, shall be identified and avoided.

         (2)   Secondary conservation features such as slopes of 15 to 25 percent, prime agricultural soils (class I and II soils), mature woodlands, tree and hedgerows, and historic sites and structures shall be identified and avoided if possible.

   The primary and secondary conservation features shall be identified as the conservation area. The conservation area shall be retained by the initial parent tract owner or an approved homeowners association. The allowable uses within the conservation area are as follows:

            (a)   Agriculture (see permitted in zoning district regulations).

            (b)   An estate lot for one single-family dwelling with allowance for an accessory dwelling if suitable for an on-lot septic system or public sewer is available.

            (c)   Park, recreation, and natural/ wildlife resource areas.

            (d)   Stormwater management areas.

         (3)   Once the primary and secondary conservation features are identified, the remaining area of the site can be considered as the potential development area (50% maximum of the total site area).

         (4)   Public sewer and water shall be provided to proposed developments within the identified potential development area. Lots shall not be less than 10,000 square feet nor exceed one (1) acre in total lot size.

      B.   Site Design.

         (1)   Woodlands, orchards, hedgerows, and large healthy trees should be preserved to create buffer areas to minimize conflicts between agriculture and residences.

         (2)   Development on fields should be located near existing neighborhoods, woodlands, or hedgerows and where feasible, on the least prime agricultural soils.

         (3)   Lots shall access interior and/or local roads that are extended from the existing neighborhoods within the Borough. The current rectilinear street pattern shall be continued in new development areas. Streets shall be designed in accordance with Millheim's regulations and shall have a maximum length of 600 feet between intersecting streets. Cul-de-sacs shall be minimized and where unavoidable shall provide a pedestrian connection to the next street system and/or to the identified conservation area.

         (4)   Pedestrian access and circulation in the form of sidewalks, paved paths, and trails from existing neighborhoods to the potential development area shall be provided.

         (5)   Historic, archeological/cultural, and natural sites identified by the Borough's Historic District along with County and State resources, shall be incorporated into the site design.

         (6)   A minimum riparian buffer area of 50 feet from identified streams and intermittent streams measured perpendicular from the stream bank edge shall be provided.

   9.   Parking and Parking Lots.

      A.   Parking shall be located on street to the maximum extent possible to provide the streetscape appearance that is traditional in the Borough and to serve as insulator between moving vehicles and pedestrians walking along the adjoining sidewalks.

      B.   Parking lots shall be located to the rear or sides of buildings with the exception of the Village-Mixed Use and Industrial Districts where parking shall be permitted in the front of buildings. [Ord. 242]

      C.   Parking lots and/or garages shall not be the dominant aspect of the building design and/or the streetscape as viewed from the street.

      D.   Live-work units shall have the parking ratio as required for a dwelling, as provided for in this Section.

      E.   Parking ratios for all other uses shall also be in accordance with this Section except that the parking ratio for multifamily dwellings shall comply with a Subsection of this Section. However, if the standards of this Section impose an excessive standard, as determined by Borough Council, the applicant shall demonstrate through the use of the empirical data from other built projects that a lesser standard can adequately serve the proposed use(s). In any event, the Borough shall hold in escrow the monetary value of the parking spaces not built for a period of two years after commencement of the use, and the development plan shall show the layout of the required parking areas to be held in reserve and include calculations on the potential impervious surface area addition. If after two years, the use is adequately serviced by the parking provided, escrow funds may be released. If the provided parking is not adequate, then the escrow funds shall be used to construct the needed parking.

      F.   All nonresidential parking areas shall be visually screened from existing and proposed streets by hedges, buffer plantings, decorative fencing, or similar elements.

   10.   Off-Street Loading Areas, Outdoor Storage and Trash Disposal Areas.

      A.   All loading areas and loading docks shall be located to the sides and rear of buildings. Loading docks shall not be visible from public streets. All loading areas and loading docks shall be set back at least 25 feet from the residential areas or the minimum buffer yard width as determined by Borough Council.

      B.   Outdoor storage or display of materials shall not be permitted.

      C.   Trash disposal areas shall be located within buildings or within an opaque screened area that completely hides the trash and is located to the side or rear of the building. All outdoor trash disposal areas shall be set back at least 25 feet from residential property lines.

(Ord. 231, 10/16/2007, § 11; as amended by Ord. 242, 11/9/2010, §§ 5–7)

    1.   All buildings within the development shall be served by a public water supply and public centralized sewage disposal system.

   2.   All public utility lines and similar facilities servicing the proposed development and its area shall be installed underground, and electric transformers shall be installed underground or within the walls of a completely enclosed building.

   3.   If the development is to be carried out in phases, each phase shall be so planned that the intent of this Chapter shall be fully complied with at the completion of any phase. Any phased development shall be fully described and defined on the subdivision or land development plan.

   4.   All streets and alleys, whether public or private, shall have a right-of-way. The right-of-way width for alleys may be the same width as the paved area.

   5.   Lighting fixtures for retail and industrial uses shall contain full cutoff luminaries and not exceed a pole or wall mounting height of twenty (20) feet. [Ord. 242]

(Ord. 231, 10/16/2007, § 12; as amended by Ord. 242, 11/9/2010, § 8)

The regulations in this Section shall take precedence over other provisions of the Borough ordinances to the extent that this Section specifies additional or varied requirements. Otherwise, all applicable sections of the Borough ordinances and the Centre County Subdivision and Land Development Ordinance shall apply.

(Ord. 231, 10/16/2007, § 13)

   1.   Membership of Board.

      A.   The Millheim Borough Council shall appoint by resolution three (3) residents who are, in the opinion of the Council, qualified for the duties of the position to the Zoning Hearing Board. The terms of office for the Board shall be three (3) years and shall be so fixed that the term of office of one member shall expire each year.

      B.   The Board shall promptly notify the Borough Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other elected or appointed office in the Borough, nor shall any member be an employee of the Borough. The Borough may appoint by resolution at least one (1) but no more than three (3) residents of the Borough to serve as alternative members to the Board.

   2.   Removal of Members. Any Board member may be removed for malfeasance, misfeasance, or nonfeasance in office or for other just cause by a majority vote of the Borough Council, taken after 15 days advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.

   3.   Organization of the Board.

      A.   The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall not be less than a majority of all the members of the Board.

      B.   The Chairman of the Board may designate alternate members of the Board to replace an absent or disqualified member, and if, by reason of absence or disqualification of a member, a quorum not reached, the Chairman shall designate an alternate member of the Board to reach a quorum. The alternate member shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final decision on the matter or case.

      C.   The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Borough and laws of the Commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Borough, and shall submit a report of its activities to the Borough as requested.

   4.   Powers and Duties. The Zoning Hearing Board shall have all powers and duties as provided by Borough Council and pursuant the Pennsylvania Municipalities Code (PA MPC), Act 247, Article IX, as amended. These powers and duties pursuant to subsections of Article IX of the PA MPC shall include, but not be limited to, expenditure of services, hearings, mediation options, jurisdiction of the Board, and Board functions.

   5.   Appointment and Powers of Zoning Officer. For the administration of a zoning ordinance, a Zoning Officer, who shall not hold any elective office in the Borough, shall be appointed. The Zoning Officer shall meet qualifications established by the Borough and shall be able to demonstrate to the satisfaction of the Borough a working knowledge of municipal zoning. The Zoning Officer shall administer the zoning ordinance in accordance with its literal terms, and shall not have the power to permit any construction or cause any use or change of which does not conform to the zoning ordinance. Zoning Officers may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of their employment.

(Ord. 231, 10/16/2007, § 14)

   1.   Intent. It is the intent of this Section to recognize the right of nonconformities to continue, but to encourage that such uses, lots, and structures be brought into conformity when applicable and in accordance with this Chapter and the Pennsylvania Municipalities Planning Code, Act 247, as amended.

   2.   Nonconforming Use Regulations. Where a lawful use or structure exists which, on the effective date of this Chapter or subsequent amendments, becomes nonconforming, such use or structure may be continued as long as it remains otherwise lawful, including subsequent sales of the property, subject to the following provisions:

      A.   The nonconforming use or structure shall not be changed to a different nonconforming use.

      B.   No nonconforming use or structure shall be altered or extended except if it complies with the following criteria and standards:

         (1)   To provide for natural expansion which, is not detrimental to public health, safety, and general welfare, provided that such expansion does not exceed fifty (50) percent of the existing ground floor area of the structure or other space occupied by the use.

         (2)   Provided that it does not constitute the addition of a new nonconforming use or structure.

         (3)   Provided that it does not decrease yards when it already fails to meet minimum yard setback areas.

         (4)   Provided that the alteration or extension meets the district regulations for the use or structure as if same were being altered or extended in the district where such use is permitted. In cases where the use is permitted in two (2) or more districts, the most restrictive district regulations shall apply.

      C.   In the event that any nonconforming structure is destroyed or partially destroyed by any means to an extent of seventy-five (75) percent or more of the market valuation of all structures and other improvements on the lot, as determined by the Centre County Tax Assessment Office, effective at the date of the destruction, such nonconforming structure and use thereof shall terminate and the lot shall thereafter be used only for conforming uses and structures.

      D.   When a nonconforming use or structure is discontinued or abandoned for a period of one (1) year or more continuously or replaced by a conforming use or structure, the premises shall not thereafter be used except in conformity with the regulations of the district in which it is located, except if the use is a farm use as defined in this Chapter.

   3.   Registration of Nonconforming Uses and Structures. In order to administer this section, the Zoning Officer shall identify and maintain a record of nonconforming uses and structures.

   4.   New Construction. To avoid undue hardship, nothing in this Section shall be deemed to require a change in the plans, construction, or designated use of any structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Section and upon which actual building construction has begun. “Actual construction” is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such excavation, demolition, or removal shall be deemed to be actual construction.

(Ord. 231, 10/16/2007, § 15)

An appeal from a decision or action of the Millheim Borough Council or any officer or agency of the Borough regarding this Chapter shall be made in accordance with the Pennsylvania Municipalities Planning Code, Act 247, as amended.

(Ord. 231, 10/16/2007, § 16)

The regulations and district boundaries set forth in this Chapter may be amended through the action of Millheim Borough Council in accordance with the Pennsylvania Municipalities Planning Code, Act 247, as amended.

(Ord. 231, 10/16/2007, § 17)

   1.   Severability. If any provision, sentence, clause, section, or any part of this Chapter is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this Chapter. It is hereby declared as the intent of the Borough Council, that this Chapter would have been adopted had such unconstitutional, illegal, or invalid provision, sentence, clause, section, or part thereof not have been included herein.

   2.   Saving Clause. Nothing in this Chapter shall be construed to affect any suit or proceeding pending in any court, or any rights acquitted, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Chapter.

   3.   Conflict with other Laws. The provisions of this Chapter shall be deemed to be minimum requirements to meet the purposes stated herein. Where the provisions of this Chapter impose greater restrictions than those of any Federal or State statute, rule, regulation or other ordinance, the provisions of this Chapter shall prevail. Where the provisions of any Federal or State statute, rule, regulation, or other ordinance impose greater restrictions than those of this Chapter, the provisions of such Federal or State statute, rule, regulation or ordinance shall prevail.

(Ord. 231, 10/16/2007, § 18)

Millheim Borough Council shall establish, from time to time, fee schedules for zoning related matters and proceedings by Resolution.

(Ord. 259, 7/12/2016, §4)