Mohnton City Zoning Code
PART 9
GENERAL REGULATIONS
§ 27-900 Nonconforming Buildings or Uses.
[Ord. 264, 7/23/1962, § 900; as amended by Ord. 566, 12/13/1995]
1.
Continuation. Any lawful use of a building or land existing or authorized by a building permit at the effective date of this chapter may be continued or altered although such does not conform to the provisions of this chapter. It shall be the intent of this section, however, that the conversion of a nonconforming building or use to a conforming use is to be encouraged to such extent as is reasonable.
2.
Extension.
A.
The nonconforming use of land, or a nonconforming use which is not entirely enclosed in a building, shall not be extended.
B.
The nonconforming use of a building may be extended throughout a building, or a building which is devoted to a nonconforming use may be extended on a lot up to 50% of the area occupied by such use at the effective date of this chapter; provided that any such extension or enlargement shall be immediately adjacent to the existing nonconforming use and shall conform to the area and height requirements of the district in which it is situated.
C.
An existing nonconforming structure may be expanded up to 50% of the area existing as of the effective date of this chapter except that any such expansion shall not increase any nonconformity and shall otherwise conform to all other area and height requirements of the district in which it is situated.
3.
Changes. A nonconforming use of a building or land may be changed to a nonconforming use of the same or more restricted classification, when authorized as a special exception by the Zoning Hearing Board. Whenever a nonconforming use of a building or land has been changed to a use of a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification.
4.
Restoration or Structural Repair. A nonconforming building wholly or partially destroyed by fire, explosion, flood or other phenomenon, legally condemned, or in need of structural repair or restoration may be reconstructed, repaired and used for the same nonconforming use, when authorized by the Zoning Hearing Board as a special exception; provided, that A) the Board shall determine that the proposed building is at least as appropriate, in its location, as the building reconstructed or repaired, and B), in the case of destruction, building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be in conformity with the provisions of this chapter.
§ 27-901 Nonconforming Lots.
[Ord. 264, 7/23/1962, § 901; as amended by Ord. 349, 8/13/1975]
1.
Held in Single and Separate Ownership. A building may be erected or altered on any lot held, as evidenced by a public record, at the effective date of this chapter in single and separate ownership which is not of the required minimum area or width or is of such unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which such lot is situated, provided plans for the proposed work shall be approved by the Zoning Hearing Board, after review of such plans to assure reasonable compliance with the spirit of the zoning regulations for the district; or providing, further, that if the lot is a corner lot in an already developed area wherein either backyards or side yards abut a street adjacent to said corner lot, then the front yard of the corner lot shall be the area adjacent to the street which is designated as the address of said lot, and the side yard shall be the area adjacent to the alternate street, in which case the requirements of § 27-502, Subsection 3B shall not apply as to the requirements that the depth of the side yard shall be the same as the depth of the front yard, but need only meet the requirement of the five feet side yard restrictions.
2.
Included in Recorded Plans. Buildings may be erected on lots which are not held, as evidenced by a public road, in single and separate ownership at the effective date of the enactment of this chapter and which are not of the required area or width, if such lots are included in a land subdivision and development plan which has been approved by Borough Council within three years prior to the effective date of this chapter.
§ 27-902 Reduction of Lot.
[Ord. 264, 7/23/1962, § 902]
No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.
§ 27-903 (Reserved) [1]
[1]
Editor's Note: Former § 27-903, Conversion of Dwelling to Two- or Multiple-Family Use (Ord. 264, 7/23/1962, § 903, was repealed by Ord. No. 959, 3/15/2023.
§ 27-904 Certain Public Utility Buildings Exempted.
[Ord. 904, 7/23/1962, § 904]
This chapter shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation if, upon petition of such corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
§ 27-905 Access.
[Ord. 264, 7/23/1962, § 905]
No dwelling shall hereafter be erected or undergo basic structural alteration unless an open space, not less than 50 feet in width, is provided, which open space shall extend from the building line of the dwelling to a street. Such open space shall be provided on the lot on which the dwelling is erected. No building shall hereafter be erected or undergo basic structural alteration so as to close the present means of access to an existing dwelling or so as to diminish this means of access to a width less than 50 feet.
§ 27-906 Exception for Private Garage or Accessory Building.
[Ord. 264, 7/23/1962, § 907; Ord. 680, 8/11/2004; Ord. No. 841, 8/12/2015; Ord. No. 959, 3/15/2023]
1.
No accessory building or detached private garage may be located in a required yard, except in accordance with the provisions of this § 27-906.
2.
No accessory building or structure shall be permitted within the right-of-way of an alley or street.
3.
No accessory building may be placed closer to a street or alley than the principal structure.
4.
Accessory structures less than 400 square feet in size, and less than 15 feet or less in height may be located within the required side and/or rear yards provided they are a minimum of three feet from side and rear property lines.
5.
A detached private garage may front on a rear street, or in an R-2 District on a side street, where the fronting of the garage is a minimum of two feet from the street line and a minimum of three feet from any other property line.
6.
Nothing in this § 27-906 shall be constructed to prohibit erection of a common or joint garage which is not an integral structural part of a main building on adjoining lots.
7.
The maximum height of accessory buildings shall be 20 feet or the height of the principal building, whichever is least restrictive.
§ 27-907 Vision Obstruction.
[Ord. 264, 7/23/1962, § 907]
On any corner lot, or at any accessway, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub, or other growth shall be maintained, which may cause danger to traffic on a street by obscuring the view.
§ 27-908 Prohibited Uses.
[Ord. 264, 7/23/1962, § 908]
1.
No building may be erected, altered, or used and no lot or premises may be used in a residence or commercial district for any use which is noxious or offensive by reason of odor, dust, vibration, illumination, or noise, or which constitutes a public hazard, whether by fire, explosion, or otherwise, in the immediately surrounding area. In an M Manufacturing District, no use which shall create a noxious, offensive, or hazardous condition beyond a manufacturing district boundary line shall be permitted.
A.
In determining whether a proposed use is or may become noxious, hazardous or offensive, the proposed use or operation shall comply with the following performance standards and with any more specific standards of a nationally recognized professional agency for a particular industry as may subsequently be adopted by Borough Council by ordinance or resolution. The proposed operation or use shall not:
(1)
Constitute a public nuisance or damage to health, livestock, vegetable or any other property by reason of noxious, toxic, or corrosive fumes, smoke, odor, or dust. There shall be no emission of odorous gases or odorous matter in such quantities as to be offensive at any property line or, in the case of a use in an M District, at the district boundary line.
(2)
Result in noise or vibration clearly exceeding the average intensity of noise or vibration occurring from other causes at the property line or, in the case of a use in an M District, beyond the district boundary line.
(3)
Endanger surrounding areas by reason of fire or explosion. No flammable or explosive materials shall be stored in bulk above ground; provided, however, that accessory fuel tanks connecting with heating, energy or other devices located on the same lot are excluded from this provision.
(4)
Produce objectionable heat, glare, or radiation beyond the property line or, in the case of a use in an M District, beyond the district boundary line.
(5)
Result in electrical disturbance on properties other than on the property on which the disturbance is located.
(6)
Discharge any untreated sewage or industrial waste into any stream or underground waters.
(7)
Result in congestion or hazardous traffic conditions on the street or in an adjacent area, or generate a nuisance to surrounding property by reason of truck traffic.
(8)
Endanger the underground water level or supply to other properties.
(9)
Create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding area. No materials or wastes shall be stored or deposited outdoors in such a form that they may be transferred off the lot by natural causes, and any materials attractive to rodents or insects shall be stored outdoors only in closed containers.
B.
The applicant, when requested, shall demonstrate that 1) the proposed use will comply with the standards contained in Subsection 1A of this § 27-908, and such other standards as may have been adopted by Borough Council, and 2) adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to insure that the proposed use will not be noxious, hazardous, or offensive. In order to determine that adequate safeguards are provided, the Zoning Officer or the Zoning Hearing Board, in any case where a use is made subject to special exception, may 1) require that the applicant submit necessary information, impartial expert judgments, and written assurances; 2) obtain the advice of official agencies or of private consultants; and 3) require that the use comply with such tests or provide such safeguards as may be deemed necessary.
2.
A trailer camp shall not be permitted in any district.
§ 27-909 Off-Street Parking Space.
[Ord. 264, 7/23/1962, § 909; Ord. No. 727, 2/14/2007; Ord. No. 761, 7/8/2009; Ord. No. 974, 6/12/2024]
In all districts, off-street parking space shall be provided as follows:
1.
Not less than two off-street parking spaces, with proper access from a street or alley, shall be provided on any lot on which a dwelling is hereafter erected or converted, provided that for multiple dwellings, two spaces for each housekeeping unit shall be provided.
2.
Off-street parking space, with proper access from a street or alley, shall be provided in the amounts indicated below, on or near any lot on which the following types of uses are hereafter established, provided that the Zoning Hearing Board may decrease these requirements in any case where sufficient vacant space is not available on the lot or within 300 feet of the lot and where the unreasonableness of these regulations is clearly demonstrated. In any case, however, the Board shall require that the requirements of this § 27-909 shall be construed to prevent the establishment of joint parking facilities for two or more uses.
A.
Hotel, motel, tourist house, or similar establishment: One space for each rental room or suite.
B.
Restaurant, eating or drinking establishment: One space for each 50 square feet of floor space devoted to patron use.
C.
General Places of Assembly. All theaters, auditoriums, churches, and other similar places of assembly, including those associated with public or private educational institutions, shall provide at least two off-street parking spaces per five seats of the assembly or meeting space at maximum capacity. The maximum capacity shall be determined as allowed by applicable Fire Code or Building Code standards.
D.
Commercial, office, or recreational building or use, other than those specified above: One space for each 100 square feet, or portion thereof, of gross floor area devoted to patron or office use.
E.
Industrial establishment: One space for each two employees on the largest shift.
3.
Each off-street parking space shall have the minimum dimensions noted below with appropriate facilities for access to the spaces. In addition for parking lots, appropriate driveways, aisles and maneuvering areas shall be provided subject to the minimum dimensions noted below to permit safe and convenient use of each parking area:
B.
Parking facilities for three or more vehicles shall meet the following minimum dimensions:
Angle of Parking (degrees) | Space Width (feet) | Space Depth (feet) | Aisle Width (One-Way) (feet) | Aisle Width (Two-Way) (feet) |
|---|---|---|---|---|
90° | 9 | 18 | 24 | 24 |
60° | 9 | 18 | 18 | 20 |
45° | 9 | 18 | 15 | 20 |
Parallel | 8 | 22 | 12 | 20 |
NOTE: For angled parking spaces, space length and width shall be measured at the portion of the space where the full rectangular area is provided. |
4.
Parking areas shall be graded to provide convenient vehicular access and proper drainage and shall be paved with a hard or semihard material or otherwise treated to prevent dust or other loose cover from becoming a nuisance or a hazard. All parking, access, or other vehicular service areas shall be adequately illuminated during night hours of use. Such lighting shall be arranged so as to protect the highway and adjoining property from direct glare or hazardous interference of any kind.
5.
Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to an amount less than that required under this chapter for a similar new building or new use. Off-street parking facilities provided to comply with the provisions of this chapter shall not subsequently be reduced below the requirements of this chapter.
§ 27-910 Loading and Unloading Space.
[Ord. 264, 7/23/1962, § 910]
Off-street loading and unloading space, with proper access from a street or alley, shall be provided on any lot on which a building for trade or business is hereafter erected or substantially altered.
§ 27-911 Temporary Use Permit.
[Ord. 264, 7/23/1962, § 911]
A temporary permit may be authorized by the Zoning Hearing Board for a nonconforming structure or use which it deems beneficial to the public health or general welfare or which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Borough. Such a permit shall be issued for a specified period of time not exceeding one year and may be renewed annually for an aggregate period of not more than three years including the original authorization.
§ 27-912 Front Yard Exception.
[Ord. 264, 7/23/1962, § 912]
The front yard of a proposed building may be decreased in depth to the average alignment of existing buildings within 100 feet on each side of the proposed building and within the same block, if such alignment of existing buildings is less than the front yard requirement for the district.
§ 27-913 Water Supply and Sanitary Sewage Disposal.
[Ord. 264, 7/23/1962, § 913]
Where a lot is used for purposes necessitating water supply and/or sanitary sewage disposal, such lot shall be required, if accessible to a public water system and/or a public sewage system, to be connected thereto; or, if such property is not accessible to such water system and/or sewage system, any facilities installed and/or used shall comply with applicable building and plumbing codes and any Borough, county and state health regulations, and a certificate indicating the adequacy of water supply and/or sewage disposal facilities shall be required from the Board of Health or other appropriate governmental agency.
§ 27-914 Setback Exceptions for Swimming Pools.
[Ord. 698, 2/2/2005]
No swimming pool shall be erected or located in any front yard nor shall the same be erected or located within six feet of the property line of any side or rear yard in any zoning district within the Borough of Mohnton.
§ 27-915 Recreational Vehicles.
[Ord. No. 959, 3/15/2023]
1.
No recreational vehicle, camping trailer, truck trailer, mobile home, bus or part of any of the above vehicle body shall be used for storage in any zoning district.
2.
No recreational vehicle, camping trailer, truck trailer, bus or any part therefor of any of the above-referenced vehicle types shall be used for dwelling purposes, nor shall any of the above-referenced vehicle types be connected to any utilities, excepting electric, when parked or stored in or on any residential lot.
3.
Any violation of this section shall constitute a violation of this Zoning Ordinance, and each day such violation continues shall constitute a new and continuing violation.
§ 27-916 Principal Uses in Residential Districts.
[Ord. No. 974, 6/12/2024]
1.
Within a principally residential zoning district (RA, R-1, R-2), there shall be no more than one principal use on a lot. Customary accessory uses to the principal use, as defined in this chapter, are permitted by right in accordance with other provisions of this chapter.
2.
Within a principally non-residential zoning district (C-1, C-2, M), more than one principal use may be permitted on a lot if the uses are in common ownership and/or under a lease agreement with the same owner. Additionally, the lot must be of sufficient size to accommodate all parking, setbacks, and loading areas and meet all other applicable ordinance requirements for the proposed use.