Mount Pocono City Zoning Code
ARTICLE V
Supplementary Regulations
§ 215-18 Introduction.
The standards that follow shall be applied to the specific situations indicated and are intended to supplement the standards in Article IV. Standards contained in a specific section regulating a specific use shall not exempt said use from other applicable regulations contained in this chapter.
§ 215-19 Deviations from required sizes.
No part of any structure, whether attached to the principal structure or not, including but not limited to porches, carports, decks, balconies, chimneys, bay windows or overhangs, shall project into any required yard. No lot, yard, or other space shall be so reduced in area or dimension as to make it less than the minimum required by this chapter, except as follows:
B.
Access drives; driveways. Access drives serving a permitted use shall be permitted in all yards, except as may be otherwise regulated by this chapter, provided a buffer of five feet is maintained from rear and side property lines.
C.
Front yard exception. Where a vacant lot exists between two improved lots, each of which has a building within 25 feet of the property line separating the parcels, a building may be erected on the vacant lot with a front yard not less than the greater front yard of the two adjoining buildings. However, the front yard setback shall not in any case be reduced to less than 15 feet, except in the C-1 District where it may be reduced to the lesser of the two adjoining front yard setbacks.
D.
Height limitations. Unless otherwise regulated by this chapter, height regulations shall not apply to spires, belfries, cupolas and domes not used for human occupancy, nor to ventilators, monuments, water towers, masts and aerials, television antennae and public utility structures that are not buildings, silos, chimneys, ventilators and parapet walls extending not more than five feet above the regulated height of the building, skylights, bulkheads, and ornamental or necessary mechanical appurtenances. Any such structure which exceeds a height of 50 feet shall be considered a special exception. Architectural details, architectural facades and similar projections that are decorative in nature, serve no functional purpose and have no habitable area shall be exempted from height regulations, provided that no projection shall extend more than 15 feet above the maximum height permitted in the zoning district.
[Amended 7-6-2009 by Ord. No. 4-2009]
E.
Projections into yards. (See § 215-21A for accessory structures.) Projections into required yards shall not be permitted. All parts of structures shall meet the required setbacks. Patios may be located in required yards not less than 20 feet to any public road right-of-way or 10 feet to any property line.
F.
Reduction of required area or space. The area or dimension of any existing lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter.
§ 215-20 Lots, yards and building locations.
A.
Building area, access area, and required slopes.
(1)
Residential uses. An area of at least 1,000 square feet per dwelling unit, plus any area required for on-site sewage disposal, and exclusive of all required yards, rights-of-way, easements and other unbuildable areas shall be included in any residential lot for use as the building construction area. This area shall have an average slope no greater than 15% and must be accessible from a public or private street by means of a driveway or private access street whose maximum grade is 12%.
(2)
Nonresidential uses. An area at least equal to the projected horizontal area of all structures, plus any area required for parking and on-lot sewage disposal, and exclusive of all required yards, rights-of-way easements, and other unusable areas, must be included in any nonresidential lot as the building construction area. This area shall have an average slope no greater than 10% and shall be accessible from a public or private street by means of one or more service drives whose maximum grade is 8%.
B.
Lot and yard area restrictions.
(1)
Lot and yard area requirements for one structure or use shall not be met by the inclusion of any part of the same lot that is necessary to satisfy lot and yard area requirements for any other structure or use, nor by the inclusion of any part of any lot other than the one on which the structure or use is located.
(2)
No required lot area or yard shall include any property, the ownership of which has been transferred subsequent to the effective date of this chapter, if such property had been a part of the area required for compliance with the dimensional regulations applicable to the lot from which such transfer was made.
(3)
No required lot area or yard shall include any public or private street right-of-way or any permanent drainage easements.
(4)
Areas with slopes greater than 25% shall not be included in calculating minimum lot sizes for any residential use.
(5)
Bodies of surface water and wetlands defined and designated by federal and/or state authorities shall not be included in calculating minimum lot sizes for any use.
C.
Two or more uses on a lot.
(1)
Development standards. Two or more principal buildings or uses located on a parcel in single ownership shall conform to all the requirements of this chapter which would normally apply to each building or use if each were on a separate district lot, including but not limited to setbacks, parking, lot coverage, and sewage disposal requirements.
(2)
Residential density. For the purposes of density of residential structures, lot size shall be increased to maintain the density required by this chapter. For example, the parcel size required for three single-family dwellings on one parcel would be determined by multiplying the minimum lot size for one dwelling by a factor of three. See Subsection C(5) below for exception in C-1 District.
(3)
Nonresidential uses. In the case of nonresidential uses, there shall be no limit on the number of uses or structures on a single parcel, provided all other standards of this chapter are satisfied. This shall not apply to adult businesses, junkyards, natural resource uses, solid waste facilities, or other uses with a special size requirement listed in this chapter; in which case, the parcel size shall be increased to provide for the minimum land area for each use on the parcel. See § 215-20C(7) for off-premises signs.
[Amended 10-4-2010 by Ord. No. 5-2010]
(4)
Residential and nonresidential on the same lot. One residential unit per property shall be permitted in association with a nonresidential use(s) without an increase in the minimum lot size requirement, provided said unit is attached to and is an integral part of the principal nonresidential structure. The residential unit shall be occupied only by the owner or employee of the nonresidential use(s). Any additional residential dwelling units, if provided for in the district by the Schedule of Uses,[1] shall be permitted on the same lot as a nonresidential use only if the lot is of sufficient size to meet the residential unit density required by this chapter in addition to the land area needed to meet the density requirement for the nonresidential use. See § 215-20C(7) for off-premises signs.
[Amended 10-4-2010 by Ord. No. 5-2010]
[1]
Editor's Note: Said schedule is an attachment to this chapter.
(5)
Residential and nonresidential in C-1 District commercial buildings. In the C-1 District, dwelling units shall be permitted on the upper floors of commercial buildings. The number of dwelling units need not comply with the density requirements on the Schedule of Development Standards, provided the required number of off-street parking spaces are provided, required setbacks are maintained, and all other ordinance provisions are satisfied.
D.
Street frontage/front yards. A principal building shall be permitted only upon a lot with frontage on a public or private street improved to Borough standards. Each yard of a lot which abuts a street shall be equal in size to the front yard required for the district. Any other yards may be considered side yards.
E.
Clear view at intersections.
(1)
Intersection of private accessway and public street. There shall be a clear sight triangle at the intersection of a private, vehicular accessway and a public street. The three sides of the triangle shall be the intersecting edges of the travel ways of the street and the accessway and a diagonal connecting two points, each at a distance of 10 feet from the point of intersection along the edge of each travel way. No visual obstruction higher than two feet shall be permitted in the clear sight triangle.
(2)
Intersection of public streets. There shall be a clear sight triangle at the intersection of any public street with any other public street. The three sides of the triangle shall be the intersecting street center lines and a diagonal connecting two points, each at the end of a distance from the point of intersection along each center line determined in accord with Chapter 187, Subdivision and Land Development.
(3)
Area to remain clear. The area of the clear sight triangle shall be graded, and sight obstructions shall be removed so that vision between a height of from two to 10 feet above the center-line grades of the intersecting streets is not obscured. Also, by deed or lease restriction or by plan amendment, whichever method is applicable, vegetation shall not be planted or allowed to grow in such a manner as to obscure vision in the graded and cleared area.
§ 215-21 Accessory structures and uses.
A.
Accessory structures. All accessory structures shall conform to the minimum regulations established in Article IV except as permitted below.
(1)
Unattached accessory structures. All unattached accessory structures shall comply with bulk and coverage yard requirements for principal structures. However, accessory structures which are not attached to a principal structure may be erected within the required side yards of a principal structure, provided that no side yard is reduced to less than 15 feet. Unattached storage sheds not exceeding 180 square feet in floor area may be erected within the required side and rear yards of a principal structure, provided that no side yard is reduced to less than five feet and no rear yard is reduced to less than five feet, unless the required setback for the principal structure is less restrictive. In the case of corner lots, the full yard as specified in § 215-20D shall be maintained.
[Amended 6-21-2010 by Ord. No. 3-2010]
(2)
Attached accessory structures. An accessory structure attached to a principal building shall be considered to be a part of the principal building and shall conform to the setbacks for principal structures.
B.
Fences and walls.
(1)
All fences and walls shall comply with clear sight triangle requirements.
(2)
Fences and walls shall not exceed a height of six feet in rear and side yards and five feet in front yards, except for tennis court fences which shall not exceed 10 feet.
(3)
No fence or wall shall be less than one foot from a property line or right-of-way line.
C.
Home occupations. It is the intent of this subsection to regulate the operation of home occupations so that the average neighbor, under normal circumstances, will not be aware of the existence of the home occupation. The burden of proof shall be on the applicant to demonstrate that the standards will be met. Based upon the potential nuisances of a proposed home occupation not specifically permitted by this section, the Zoning Hearing Board may determine that a particular type or intensity of use is unsuitable to be a home occupation or that the proposed lot area or setbacks are not adequate. The following standards shall apply:
(1)
The home occupation must be conducted entirely inside a building and shall be clearly incidental and secondary to the use of the dwelling as a residence.
(2)
The total area used by all home occupations on the premises shall not exceed 1/3 of the floor area of the dwelling unit, including basement and accessory structures, as existed at the effective date of this chapter or 750 square feet, whichever is less.
(3)
No outdoor display or display visible from outdoors, or outdoor storage of materials, goods, products, supplies, or equipment used in the home occupation(s), shall be permitted.
(4)
There shall be no evidence visible from outside the dwelling (show windows, business displays, advertising, etc.) that the residence is being operated as a home occupation, except for a sign, if permitted, and required parking area.
(5)
The number of nonresident employees shall not exceed two.
(6)
Off-street parking shall be provided on the premises as required by this chapter to prevent parking on any public or private street right-of-way.
(7)
No home occupation use shall generate nuisances such as traffic, noise, vibration, glare, odors, fumes, electrical interference, or hazards to any greater extent than what is usually experienced in the residential neighborhood.
(8)
No goods or items for retail or wholesale sale shall be permitted except for items handcrafted on the premises or goods and items incidental to the operation of an approved home occupation with the total display and/or storage area limited to 100 square feet.
(9)
The use shall not involve the parking of more than one truck of any type on the lot or on adjacent streets at any period of time. The use shall not require servicing by, deliveries by or parking of tractor-trailer trucks.
(12)
The following uses shall not be permitted as home occupations: commercial stables, veterinarians, commercial kennels or motor vehicle or small engine repair shops, retail or wholesale sales, restaurants, funeral parlors or other uses not meeting the requirements of this § 215-21C.
(13)
The following types of uses shall be permitted as accessory uses in all districts:
(a)
Professional offices for individual practitioners.
(b)
Rooming and/or housing of not more than two persons.
(c)
Custom dressmaking or tailoring.
(d)
Day care that provides care for six or fewer children at any one time who are not relatives of the caregiver.
(e)
Tutoring for not more than four children simultaneously.
(f)
Mail order or sales businesses not involving customer contact on the premises or wholesale brokering not involving stock on the premises.
(g)
Businesses involving the use of personal computers for sales or services and which do not involve customer contact on the premises.
(h)
Single practitioner beauty shops and barbershops.
(14)
All applications for home occupations not specifically enumerated as permitted in § 215-21C(13) shall not be permitted in the R-1, R-2 and R-3 Districts. In all other districts, all applications for home occupations not specifically enumerated as permitted in § 215-21C(13) or excluded by § 215-21C(12) shall be considered special exceptions.
E.
Home gardening, nurseries and greenhouses. Home gardening and accessory structures used for nurseries or as greenhouses are permitted in residential areas, provided they are used by the residents thereof for noncommercial purposes. The outdoor storage of equipment and supplies shall be prohibited.
F.
Private outdoor swimming pools.
(1)
A private in-ground or aboveground outdoor swimming pool is permitted as an accessory use to a residential structure, provided that such swimming pool is for the private use of the residents of the dwelling unit or for their guests. Pools, pool decks, and any accessory paved areas shall comply with setbacks for accessory structures.
(2)
A fence, wall or other enclosure not less than four feet high and of a design to restrict access shall completely surround the area of any ground-level swimming pool. This enclosure shall be designed to be difficult for children to climb or slip through and shall not have any openings, holes or gaps larger than two inches in any dimension. All gates or door openings through such enclosure shall be self-closing and include a self-latching device on the pool side for keeping the gate or door securely closed when the pool is not in use, to be completely inaccessible to children when the pool is unattended.
(3)
Aboveground swimming pools shall include a secure fence, wall or other enclosure a minimum of four-feet-high above the surrounding ground level. This enclosure may include the walls of the pool itself. Such pools shall be equipped with an access ladder that can be raised and locked in a position so that it is a minimum of four feet above the surrounding ground level or otherwise completely inaccessible to children when the pool is unattended.
(4)
Access to all pools shall be restricted when the pool is not in use, whether by fence, wall or integrated in the design of the pool. A pool cover shall not be deemed adequate to meet this requirement.
(5)
Pools under electrical lines shall be prohibited.
(6)
If pool water is supplied from a private well, there shall be no cross-connection with the public water supply system. If pool water is supplied from the public water supply system, the inlet must be above the overflow level of the pool.
(7)
Discharge of pool water must be confined to the owner's property or to a drainageway approved by the Borough.
(8)
A zoning permit or fence shall not be required for wading pools where the water does not exceed 10 inches in depth and which are not normally filled on a constant basis.
G.
Temporary uses.
(1)
Definition: A use accessory to another permitted principal use that operates at a fixed location for a temporary period of time.
(2)
Zoning permit required. No temporary use shall be established unless a zoning permit evidencing the compliance of such use with the provisions of this § 215-21G and other applicable provisions of this chapter shall have first been issued.
(3)
Particular temporary uses permitted. The following are temporary uses which are subject to the following specific regulations and standards in addition to the other requirements specified in this chapter:
(a)
Contractor's office and construction equipment sheds.
[1]
Permitted in any district where use is incidental to a construction project. Office or shed shall not contain sleeping or cooking accommodations.
[2]
Maximum length of permit shall be one year.
[3]
Office or shed shall be removed upon completion of construction project.
[4]
Required water supply and sanitary facilities shall be provided.
(b)
Real estate sales office.
[1]
Permitted in any district for any new subdivision approved in accord with Chapter 187, Subdivision and Land Development. The office may not contain sleeping or cooking accommodations. A model home may be used as a temporary sales office.
[2]
Maximum length of permit shall be 120 days.
[3]
The office shall be removed upon completion of the development of the subdivision.
[4]
Required water supply and sanitary facilities shall be provided.
(c)
Temporary shelter. When fire or natural disaster has rendered a single-family residence unfit for human habitation, the temporary use of a mobile home located on the single-family lot during rehabilitation of the original residence or construction of a new residence is permitted, subject to the following additional regulations:
[1]
Required water supply and sanitary facilities must be provided.
[2]
Maximum length of permit shall be 12 months, but the Zoning Officer may extend the permit for a period or periods not to exceed 60 days in the event of circumstances beyond the control of the owner. Application for the extension shall be made at least 15 days prior to expiration of the original permit.
[3]
The mobile home shall be removed from the property prior to issuance of any occupancy permit for the new or rehabilitated residence.
(d)
Temporary outdoor sales/promotions.
[Added 6-21-2010 by Ord. No. 3-2010]
[1]
This Subsection G(3)(d) shall not apply to events conducted by nonprofit or community-based organizations, the benefits of which are for the direct benefit of the organization or other nonprofit or community organization or purpose.
[2]
Temporary outdoor sales/promotions is a temporary use conducted for a fixed time as an accessory to a legally existing use in the open air or from any trailer, cart, platform, tent, shed or other temporary structure and which involves the outdoor sales/promotions of the same type of food, merchandise or services as the principal use.
[3]
Not more than two permits for temporary outdoor sales/promotions shall be issued for any premises in any calendar year, each sale/promotion shall not exceed five consecutive days, and such sales/promotions shall be conducted no less than two weeks apart.
[4]
Side and rear yard setbacks shall be maintained as required in the district, and no part of the sale/promotion shall encroach on any public road right-of-way.
[5]
A plan shall be provided by the applicant, drawn to scale, showing the layout of any parking area for motor vehicles, including the means of ingress and egress to such parking area, to document the adequacy of the parking area and safe ingress and egress.
[6]
An adequate means of sewage disposal shall be provided for any amount which cannot be handled by the system serving the use.
[7]
The hours of operation shall be limited to 9:00 a.m. to 10:00 p.m.
(4)
Temporary uses by special exception. For temporary structures or uses that are not specifically permitted by right by this chapter, and other than customary accessory uses and other than those uses that were lawfully occurring on a periodic basis prior to the adoption of this chapter, a temporary use may be approved by the Borough Zoning Hearing Board as a special exception for structures or uses that would not otherwise be permitted, subject to the following additional provisions:
(a)
Duration. The Zoning Hearing Board shall establish a limit on the duration of the use. In the case of a special event, except under special circumstances, this shall be a maximum of seven days in any sixty-day period. The Zoning Hearing Board may grant a single approval once for numerous occurrences of an event.
(b)
Statement from owner. The applicant shall present a statement from the owner of record of the land, accepting responsibility to ensure that the use or structure is removed once the permit expires.
(c)
Removal. Such structure or use shall be removed completely upon expiration of the permit without cost to the Borough. If the structure or use is not removed in a timely fashion after proper notification, the Borough may remove the use or structure at the cost of the person who owns the land upon which the structure or use is located.
(d)
Conditions. The temporary use or structure shall: 1) be compatible with adjacent uses and 2) clearly be of a temporary nature.
(e)
Fee. The Council may waive and/or return the required application fee if the applicant is an Internal Revenue Service-recognized nonprofit organization, and the applicant clearly shows that the proposed use is temporary and will clearly be used to primarily serve a charitable or public service purpose.
(f)
Nonprofit. Only an Internal Revenue Service-recognized nonprofit organization proposing a temporary use to clearly and primarily serve a charitable or public service purpose shall be eligible to receive approval for a temporary commercial use in a district where that use is not permitted.
(g)
Special events. For any use that will attract significant numbers of the public, the Zoning Hearing Board shall deny the use if it determines that the following will not be generally appropriate: sanitary and water service, traffic control, off-street parking and protection of the public health and safety.
(5)
Additional regulations:
(a)
Documentation must be provided to the Borough that adequate arrangement for temporary sanitary facilities has been made.
(b)
All uses shall be confined to the dates specified in the permit.
(c)
Hours of operation shall be confined to those specified in the permit.
(d)
Access and parking for the exclusive use of the facility shall be provided, and a stabilized drive to the parking area shall be maintained with a minimum of six inches, or as otherwise needed, of bank-run gravel or equal material.
I.
Private cemeteries. Private cemeteries shall be permitted as an accessory use in association with parcels of 10 acres or more, with the cemetery to be on a separately deeded parcel of 1/2 acre.
J.
Heliports as an accessory use. Heliports as accessory uses, in addition to all other applicable chapter requirements, shall comply with the following standards:
(1)
Allowed only in the M District as a conditional use.
(2)
The applicant shall document compliance with all applicable state and federal regulations.
(3)
The runway and/or landing pad shall be a minimum of 250 feet from any R-1, R-2 or R-3 District or any existing dwelling not located on the parcel for which the heliport is proposed.
K.
Freshwater ponds. Any freshwater pond constructed in association with any residential, agricultural or commercial use shall comply with the property line setbacks as required by the applicable zoning district. However, no fence and no zoning permit shall be required.
L.
Satellite dish antennas. All private satellite dish antennas shall be considered structures and shall maintain the setbacks required for accessory structures; however, a permit shall not be required for such antennas 20 inches or less in diameter.
M.
Tennis courts. The front, side and rear yard setbacks for an accessory tennis court shall be 20 feet and for an accessory tennis court fence, 10 feet.
O.
Solar energy systems, accessory. It is the purpose of this regulation to promote the safe, effective and efficient use of solar energy systems (herein referred to as "systems") installed to reduce the on-site consumption of utility supplied energy and/or hot water as a permitted accessory use while protecting the health, safety and welfare of adjacent and surrounding land uses through appropriate zoning standards. In addition to the other applicable standards of this chapter, the specific standards in this § 215-21O shall apply. Where said other applicable standards and the specific standards overlap, the specific standards shall supersede the other applicable standards.
[Amended 4-4-2011 by Ord. No. 2-2011; 4-4-2011 by Ord. No. 2-2011]
(1)
Standards. The installation and construction of an accessory solar energy system shall be subject to the following development and design standards:
(a)
Districts. A solar energy system is permitted in all zoning districts as an accessory structure to a principal use.
(b)
On-site use. The system shall provide power for the principal use and/or accessory use of the property on which the system is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.
(c)
Utility company. The owner of a system proposed to be connected to the utility grid shall provide written authorization from the local utility company to the Borough of Mount Pocono acknowledging and approving such connection.
(d)
Mounting. A solar energy system may be roof-mounted or ground-mounted.
(e)
Roof-mounted. A roof-mounted system may be mounted on a principal building or accessory building. A roof-mounted system, whether mounted on the principal building or accessory building, shall not exceed the maximum principal building height or accessory building height specified for the building type in the underlying zoning district. In no instance shall any part of the solar energy system extend beyond the edge of the roof.
(f)
Ground-mounted. A ground-mounted system shall not exceed the maximum building height for accessory buildings.
(g)
Lot coverage. The surface area of a ground-mounted system, regardless of the mounted angle, shall be calculated as part of the overall lot coverage.
(h)
Front yard setback. A ground-mounted system or system attached to an accessory building shall not be located within the required front yard setback.
(i)
Property lines. The minimum system setback distance from the property lines shall be equivalent to the building setback or accessory building setback requirement of the underlying zoning district.
(j)
Mechanical equipment. All mechanical equipment associated with and necessary for the operation of the system shall comply with the following:
[1]
Mechanical equipment shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other noninvasive plant species which provides a visual screen. In lieu of a planting screen, a decorative fence or an accessory structure meeting the requirements of this chapter may be used.
[2]
Mechanical equipment shall not be located within the minimum front yard setback of the underlying zoning district.
[3]
Mechanical equipment shall comply with the setbacks specified for accessory structures in the underlying zoning district.
(k)
Radiation or glare. Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
(l)
Airports. Solar panels shall not be placed in the vicinity of any airport in a manner that would interfere with airport flight patterns. The Zoning Officer may require acknowledgement from the Federal Aviation Administration in cases where any solar panel may interfere with airport flight patterns.
(m)
Transmission lines. All power transmission lines from a ground-mounted system to any building or other structure shall be located underground.
(n)
Industry standards. The design of the system shall conform to applicable standards. A building permit shall be obtained for a solar energy system per the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended,[3] and the regulations adopted by the Department of Labor and Industry. All wiring shall comply with the applicable version of the National Electric Code (NEC). The local utility provider shall be contacted to determine grid interconnection and net metering policies. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and any such design shall be certified by an engineer registered in the Commonwealth of Pennsylvania.
[3]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(o)
Ordinances and codes. The system shall comply with all applicable Borough of Mount Pocono ordinances and codes so as to ensure the structural integrity of such system.
(p)
Ownership and maintenance. Before any construction can commence on any system, the property owner must acknowledge that he/she is the responsible party for owning and maintaining the system.
(2)
Removal and earth disturbance. If a ground-mounted solar energy system is removed, any earth disturbance as a result of the removal shall be graded and reseeded.
(3)
Abandoned, defective or unsafe. If a ground-mounted solar energy system has been abandoned (meaning not having been in operation for a period of six months) or is defective or is deemed to be unsafe by the Borough of Mount Pocono Zoning Officer, the solar energy system shall be required to be repaired by the owner to meet federal, state and local safety standards, or be removed by the owner within the time period established by the Zoning Officer. If the owner fails to remove or repair the defective or abandoned solar energy system, the Borough of Mount Pocono may pursue a legal action to have the system removed at the owner's expense.
P.
Wind turbine generators, accessory. An accessory wind turbine generator is a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower or other support structure, and pad transformer, if any, and which is sized and intended to be used to generate electricity for the principal structure to which it is accessory.
[Added 4-4-2011 by Ord. No. 2-2011]
(1)
Districts and standards. Accessory wind turbine generators and associated energy storage facilities are permitted in all districts. In addition to the other applicable standards of this chapter, the specific standards in this § 215-21P shall apply. Where said other applicable standards and the specific standards overlap, the specific standards shall supersede the other applicable standards.
(3)
Setback.
(a)
No part of the wind turbine generator structure shall be located less than 1.25 times the total height of the wind turbine from property lines and public road rights-of-way as measured from the highest point of the rotor plane or support structure, whichever is higher.
(b)
Guy wire anchors shall not extend closer than 10 feet to any property line or road-right-of-way.
(4)
Uniform Construction Code; manufacturer's standards.
(a)
Applications for accessory wind turbine generators shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings, documenting compliance with the Uniform Construction Code.
(b)
The generator and support structure shall be installed in accord with all Uniform Construction Code and manufacturer requirements.
(c)
Prior to the issuance of a certificate of use, the applicant shall provide certification from a Pennsylvania-registered professional engineer that the generator and support structure have been installed in accord with all Uniform Construction Code and manufacturer requirements. If deemed necessary by the Zoning Officer, the Zoning Officer may require certification from a registered professional engineer or a representative of the manufacturer.
(5)
Climb prevention, locks, and fence.
(a)
Wind turbines shall not include attached ladders or other such attachments that would allow access to the first 15 feet of the turbine above ground level.
(b)
All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent access by nonauthorized persons.
(6)
(7)
Color and lighting; FAA. Accessory wind turbine generators and support structures, including rotors, shall be a nonobtrusive color such as white, off-white or gray. Wind turbines shall comply with all applicable Federal Aviation Administration (FAA) regulations. No wind turbine shall be artificially lighted, except as required by FAA.
(8)
Speed control. All wind turbine generators shall be equipped with manual and automatic over-speed controls to limit rotation of the wind rotor to a speed below the designed limits of the system.
(9)
Number on property. No more than one wind turbine generators shall be permitted on a single property.
(10)
Mechanical equipment. All mechanical equipment associated with and necessary for the operation of the system shall comply with the following:
(a)
Mechanical equipment shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other noninvasive plant species which provides a visual screen. In lieu of a planting screen, a decorative fence or an accessory structure meeting the requirements of the chapter may be used.
(b)
Mechanical equipment shall not be located within the minimum front yard setback of the underlying zoning district.
(c)
Mechanical equipment shall comply with the setbacks specified for accessory structures in the underlying zoning district.
(11)
Drawings; site plan. Permit applications shall be accompanied by detailed drawings of the wind turbine generator including the supporting structure, footings, electrical details and required equipment. The proposed installation shall be in compliance with manufacturer's standards, all applicable codes and be certified by a professional engineer. A plot plan shall be provided to document all required setbacks, and a survey may be required.
(12)
Certification. Upon completion of constructing a wind turbine generator, and prior to operation, the installer shall certify that all components have been installed in accordance with the plans and specifications that were submitted with the permit application.
(13)
Utility company. The owner of a system proposed to be connected to the utility grid shall provide written authorization from the local utility company to the Borough of Mount Pocono acknowledging and approving such connection.
(14)
Transmission lines. All power transmission lines from the generator to any building or other structure shall be located underground.
(15)
Ownership and maintenance. Before any construction can commence on any wind turbine generator the property owner must acknowledge that he/she is the responsible party for owning and maintaining the system.
(16)
Removal and earth disturbance. If a ground-mounted wind turbine generator is removed, any earth disturbance as a result of the removal shall be graded and reseeded.
(17)
Abandoned, defective or unsafe. If a wind turbine generator has been abandoned (meaning not having been in operation for a period of six months) or is defective or is deemed to be unsafe by the Borough of Mount Pocono Zoning Officer, the wind turbine generator shall be required to be repaired by the owner to meet federal, state and local safety standards, or be removed by the owner within the time period established by the Zoning Officer. If the owner fails to remove or repair the defective or abandoned wind turbine generator, the Borough of Mount Pocono may pursue a legal action to have the system removed at the owner's expense.
Q.
Donation dropoff boxes.
[Added 6-6-2016 by Ord. No. 2-2016]
(1)
A permit in the name of the property owner shall be required for donation dropoff boxes and a site plan detailing compliance with this § 215-21Q shall be provided with the permit application.
(2)
The donation dropoff boxes shall be permitted only as an accessory use:
(a)
In the C-1 and C-2 Districts on a lot containing not less than 21,780 square feet (1/2 acre).
(3)
A maximum of one donation dropoff box shall be permitted on any one lot and shall be located within a contiguous area of not more than 120 square feet, with no individual dropoff box exceeding the dimensions of seven feet in height, six feet in width or six feet in length.
(4)
Donation dropoff boxes shall maintain all required setbacks for accessory structures.
(5)
Donation dropoff boxes shall not be located in any required open space, buffer area, landscaped area, on any private street, sidewalk, in any required parking space, or in any location that blocks or interferes with vehicular and/or pedestrian circulation.
(6)
Donation dropoff boxes shall be located in accord with all applicable building and fire codes and shall comply with the clear view provisions of § 215-20E.
(7)
Donation dropoff boxes shall be weather-proof, constructed of painted metal, plastic, or other similarly noncombustible material, be properly maintained in good repair and be secured from unauthorized access.
(8)
All donated items shall be collected and stored in the donation dropoff box. No items, materials or trash shall be located outside or in proximity to a donation dropoff box for more than 24 hours and shall be removed by the property owner, operator of the donation dropoff box or a designated agent.
(9)
Donation dropoff boxes shall display the following, and no other, information in a permanent and legible format that is clearly visible from the front of the container and the total area of the displayed information shall not exceed 12 square feet:
(a)
The specific items and materials requested.
(b)
The name of the operator or owner of the container.
(c)
The entity responsible for the maintenance of the container and the removal of donated items, including any abandoned materials and trash located outside the donation dropoff box.
(d)
A telephone number where the owner, operator or agent of the owner or operator may be reached at any time.
(e)
A notice stating that no items or materials shall be left outside of the donation dropoff box and the statement, "Not for refuse disposal. Liquids are prohibited."
§ 215-22 Off-street parking and loading.
[Amended 3-2-2009 by Ord. No. 2-2009; 4-20-2009 by Ord. No. 3-2009; 7-6-2009 by Ord. No. 4-2009; 11-7-2011 by Ord. No. 5-2011[1]; 12-2-2013 by Ord. No. 5-2013]
This § 215-22 shall apply to all new and expanded uses and to changes of use and all such uses shall be provided with parking and loading areas adequate to meet the needs of the use. Any proposal which is considered a land development as defined by Chapter 187, Subdivision and Land Development, shall be governed by the parking and loading area design standards in that chapter. Following the establishment of any land development, the ongoing operation and maintenance of the off-street parking and loading facilities shall comply with the requirements of this § 215-22 and violations shall be subject to the enforcement provisions of this chapter.
A.
Availability and use of facilities.
(1)
Availability. The facilities required herein shall be available throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either covered garage space or uncovered parking lot space located off the public right-of-way.
(3)
Continuing obligation of parking and loading spaces. All required numbers of parking spaces and off-street loading spaces shall be available as long as the use or building which the spaces serve still exists, and such spaces shall not be reduced in number below the minimum required by this chapter.
(4)
Nonparking use. Required off-street parking, loading, and unloading facilities and accessways shall not be used for any other purpose, including, but not limited to, sales, display or storage areas, or the parking of any vehicles for which the area was not approved (e.g., parking of tractor trailers in required passenger vehicle areas).
(5)
Existing parking. Any parking spaces serving such preexisting structures or uses at the time of the adoption of this chapter shall not in the future be reduced in number below the number required by this chapter. If a new principal nonresidential building is constructed on a lot, then any existing parking on such lot that serves such building shall be reconfigured to comply with this chapter, including, but not limited to, required parking and areas reserved for additional parking if needed, requirements for channelization of traffic from adjacent streets, channelization of traffic within the lot, minimum aisle widths, paving and landscaping.
(6)
Garages and carports. Garages and carports not in the public right-of-way may be considered parking spaces.
B.
Site plan; design.
(1)
Site plan. The project application shall include a site plan that shows the parking, loading and unloading area, and access design.
(2)
General. Parking spaces, loading and unloading areas, and accessways shall be laid out to result in safe and orderly use and to fully address all of the following: vehicular access onto and off the site, vehicular movement within the site, pedestrian patterns and any drive-through facilities. No parking area shall cause a safety hazard or impediment to traffic on or off the lot.
(3)
Pedestrian access and circulation. The parking and access plan shall include details of pedestrian access to the site and pedestrian circulation within the site. The intent shall be to facilitate pedestrian access and provide safe and convenient circulation from parking areas to the structure or use.
(4)
Design. Off-street parking areas, accessways, fire lanes, traffic flow signs, pavement markings, and other necessary facilities shall be designed and provided in accord with the most current Institute of Transportation Engineers Traffic Engineering Handbook, or other generally accepted methodology approved by the Borough. The applicant shall provide copies of the methodology used for the design. Notwithstanding the above, all parking spaces and the overall design shall be ample in size for the vehicles for which use is intended and stalls shall be a minimum of 10 feet by 20 feet with aisles of not less than 24 feet unless designed as required above.
C.
Illumination. All driveways, aisles, maneuvering spaces, vehicular service areas, and spaces between or around buildings, designed for use by more than four cars after dusk, other than those accessory to a single dwelling, shall be illuminated according to § 215-35I.
D.
Public rights-of-way. Parking, loading and unloading of vehicles shall not be permitted on public rights-of-way, except in designated areas and in accord with municipal parking regulations. No parking area shall be designed which requires or encourages parked vehicles to be backed into a public street.
E.
Parking between principal structure and road. No parking shall be permitted anywhere between the public road right-of-way and the principal structure for any new nonresidential principal structures in a C-1 District. This requirement shall not apply to additions or expansions of existing businesses or the conversion of one business use to another business use.
F.
Number of spaces to be provided. The number of parking spaces required by this § 215-22F shall be considered the minimum requirements unless modified in accord with this § 215-22F.
(1)
Parking required for nonresidential uses.
(a)
Parking Generation Manual.
[1]
Parking Demand Table. Off-street parking spaces shall be provided and maintained in accord with the Parking Demand Table included as an appendix to this chapter.[2] The Parking Demand Table may be updated by resolution of the Borough Council to include more current data.
[2]
Editor's Note: See Attachment 4.
[2]
The parking provided for the proposed use shall be based on the most similar use and unit of calculation listed in the Parking Demand Table as determined by the Zoning Officer.
(b)
Land uses WITH 85th percentile data listed in the Parking Demand Table.
[1]
Constructed. The number of paved parking spaces constructed shall conform to the average peak period demand as noted in the Parking Demand Table.
[2]
Reserved. Space shall be reserved to allow for expansion to the 85th Percentile, as listed in the Parking Demand Table, unless a reduction is approved in accord with § 215-22F(4).
(c)
Land uses WITHOUT 85th percentile data listed in the Parking Demand Table.
[1]
Constructed. The number of paved parking spaces constructed shall be the average peak period demand or 85% of the peak, whichever is reported in the Parking Demand Table.
[2]
Reserved. Space shall be reserved to allow for expansion to 115% of the number of spaces required by § 215-22F(1)(c)[1], unless a reduction is approved in accord with § 215-22F(4).
(d)
Parking in a C-I District. Off-street parking shall not be required of any nonresidential use in a C-I District.
(2)
Parking required for residential uses. Two off-street parking spaces shall be provided and maintained for each residential dwelling unit except as follows:
(3)
Drive-in stand/use reservoir parking. An adequate number of reservoir spaces to ensure internal traffic circulation and access to parking is not hampered by the vehicles in queue and that all vehicles in queue are contained on the lot with the use shall be provided for drive-in stands/uses. The Borough shall determine the number of reservoir spaces as part of the conditional use process based on a specific study of the parking demands for the proposed use or empirical data reported by a generally accepted source such as the Institute of Transportation Engineers, the Urban Land Institute, the American Planning Association, or similar entity presented by the applicant.
(4)
Applicant proposed reduction/increase. The required number of parking spaces may be reduced or increased subject to conditional use approval by the Borough Council for uses classified as principal permitted uses and conditional uses and by the Zoning Hearing Board for uses classified as special exceptions. The applicant shall provide evidence justifying the proposed reduction or increase of spaces, such as studies of similar developments during peak hours. The applicant shall also provide relevant data, such as number of employees and peak expected number of customers/visitors. Any conditional use approval to permit such decrease or increase shall be subject to the following:
(a)
Ordinance and plan consistency. The project design and number of parking spaces shall be consistent with the purposes contained in this chapter and the goals and objectives of the Borough Comprehensive Plan.
(b)
Quality of design. The applicant shall demonstrate to the Borough Council that the proposed decrease will result in an adequate number of parking spaces or the increase will not produce an excess number of spaces for the use based on a specific study of the parking demands for the proposed use or empirical data reported by a generally accepted source such as the Institute of Transportation Engineers, the Urban Land Institute, the American Planning Association, or similar entity.
(c)
Local conditions. In making its determination the Borough Council or the Zoning Hearing Board shall also consider, among others, the demographics and character of the neighborhood, demographics of targeted customers and employees, availability of mass transit, existing on-street parking conditions, and any employer instituted transportation demand management programs.
(d)
Burden; conditions. If the Borough Council or the Zoning Hearing Board, in its sole discretion, determines that the applicant has met the burden of proof, it may grant a conditional use for the decrease or increase. The Borough Council or the Zoning Hearing Board may impose such conditions as will, in its judgment, secure the objectives and purposes of this chapter, including, but not limited to, reserving parking.
(e)
Form of reservation. Each parking reservation shall be in a form acceptable to the Borough Solicitor that legally binds current and future owners of the land to keep the reserved parking area in open space and, if the Borough determines it is necessary, to provide the additional parking in the time and manner as stipulated in the reservation document. Proof of recording of the agreement shall also be provided to the Borough before the issuance of a zoning permit for the project.
(f)
Reserved parking disturbance and stormwater. The reserve parking areas shall remain undisturbed or shall be landscaped, but shall be included in the calculations of lot coverage area and for stormwater management and for the requirement of a NPDES permit. The stormwater facilities shall be constructed in accord with the approved sequencing design as parking areas are constructed.
G.
Loading and unloading areas.
(1)
Type and size. In addition to the required off-street parking spaces all uses shall provide adequate off-street areas for loading and unloading of vehicles where necessary. The applicant shall provide details on the type and frequency of vehicles operating in connection with the proposed use to justify any necessary loading and unloading areas. Each required space shall meet the following dimensions:
Largest Type of Truck Service | Minimum Width (feet) | Minimum Length (feet) |
|---|---|---|
Tractor trailer | 14 | 74 with 14 feet clear height |
Trucks other than tractor trailers, pickups or vans | 12 | 30 |
Pickup truck or van | 10 | 20 |
(2)
Interior travelways. The applicant shall demonstrate that travelways within the property are adequate to safely and efficiently serve vehicles which are reasonably expected to visit the property. Turning radius templates developed by the American Association of State Highway Transportation Officials (AASHTO) shall serve as the design standard.
H.
Access to off-street parking and loading areas. There shall be adequate provisions for ingress and egress to all parking and loading spaces designed for use by employees, customers, delivery services, sales people and/or the general public. Access to and from all off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined separate or common entrances and exits and shall comply with the following provisions:
(1)
Width. Unless otherwise required by PennDOT for access to a state road, the width of the driveway/access way onto a public street at the right-of-way shall be as follows:
Width (exclusive of the turning radius) | 1-Way Use (feet) | 2-Way Use (feet) |
|---|---|---|
Minimum | 12 | 24 |
Maximum | 20 | 50 |
(2)
Controlled access. Each entrance and exit shall be clearly defined with curbing, fencing, landscaping or vegetative screening so as to prevent access to the area from other than the defined entrance and exit.
(3)
Highway occupancy permit. All new uses shall be required to obtain a highway occupancy permit from the Borough or PennDOT, as the case may be. In the case of a change in use or the expansion of an existing use, the Borough shall require the applicant to obtain a highway occupancy permit or a revised highway occupancy permit. Where a use accesses the public right-of-way via a private road, the highway occupancy permit requirement and criteria shall be applied at the public right-of-way intersection.
(4)
Curbing. Access drives and landscaping shall be defined with concrete curbing, or such alternate material as may be approved by the Borough.
I.
Parking and loading area setbacks and buffers. All parking and loading areas and parallel circulation and service lanes serving any nonresidential or multifamily use shall be separated from any public street or adjoining property lines by a buffer in accord with the requirements of Chapter 187, Subdivision and Land Development.
J.
Grading and drainage; paving.
(1)
Parking and loading facilities, including driveways, shall be graded and adequately drained to prevent erosion or excessive water flow across streets or adjoining properties.
(2)
All portions of required parking, loading facilities and accessways, except for landscaped areas, shall be surfaced with a durable, hard, all-weather surface consisting of a minimum of 2 1/2 inches of ID-2 bituminous pavement on a base course consisting of eight inches of crushed aggregate or, as deemed to be equivalent by the Zoning Officer, of concrete, paving block or porous pavement or pavers on a suitable base.
(3)
The Borough Council may, as a conditional use, allow parking areas with low or seasonal usage to be maintained in stone, grass or other suitable surfaces. For example, the Borough Council may allow parking spaces to be grass, while major aisles are covered by stone.
K.
Off-lot parking. Required parking may be provided on a different lot than on the lot on which the principal use is located, provided the parking is not more than 400 feet from the principal use lot. Off-lot parking areas shall be permitted only in a district where the principal use is permitted. Both parcels shall be under the same control, either by deed or long-term lease, as the property occupied by such principal use, and the owner shall be bound by covenants of record filed in the office of the County Recorder of Deeds requiring the owner and his or her heirs and assigns to maintain the required number of off-street parking spaces during the existence of said principal use.
L.
Joint use parking. In the case of multiple use on the same premises or where more than one principal uses share a common property line, shared parking facilities may be approved by the Zoning Officer.
(1)
Documentation. The applicant shall provide information to establish that the shared spaces will be used at different times of the day, week, month, and/or year.
(2)
Reduction. Parking provided may be credited to both uses based on the extent that the uses operate at different times. However, the required parking shall not be reduced by more than 50% of the combined parking required for each use. (Example: If a church parking lot is generally occupied only to 10% of capacity on days other than a Sunday, another development not operating on a Sunday could make use of the unused church lot spaces on weekdays.)
(3)
Agreement. Joint use parking shall be secured in a form acceptable to the Borough Solicitor that legally binds current and future owners of the land to maintain the parking. An attested copy of the agreement between the owners of record shall be provided to the Borough. Proof of recording of the agreement shall also be provided to the Borough before the issuance of a zoning permit for the project.
M.
Shopping carts. Establishments furnishing carts or mobile baskets shall provide definite areas on the site for the storage of the said carts. Storage areas shall be clearly marked and designed for the storage of shopping carts and/or mobile baskets.
N.
Snow storage and removal. All plans for proposed parking areas of 50 or more spaces shall include details for adequate snow storage and removal.
O.
Landscaping. All improved off-street parking areas not entirely contained in a garage or building shall comply with the landscaping requirements of Chapter 187, Subdivision and Land Development.
P.
Parking of commercial vehicles. In C-1, C-2, M and R-LM Districts, the parking of any commercial motor vehicle with a Pennsylvania registration classification of No. 4 or greater and a cargo bed over 12 feet long shall be limited to one vehicle per acre of lot area up to a maximum of two vehicles per lot, except accessory to approved uses in designated truck parking areas. The parking of such commercial vehicles is prohibited in front and side yards. The parking of such commercial vehicles shall also be prohibited in R-1, R-2 and R-3 Districts.
[1]
Editor's Note: Any inadvertent rescindment of Ord. No. 5-2011 by Ord. No. 2-2014, adopted 1-6-2014, was corrected 5-5-2014 by legislative action of the Borough Council.