Mount Pocono City Zoning Code
ARTICLE VI
Residential Standards
§ 215-23 Single-family residential subdivisions and multifamily projects.
All single-family residential subdivisions and multifamily projects shall be designed and processed in accord with this § 215-23 and the requirements of Chapter 187, Subdivision and Land Development.
A.
Purposes. In conformance with the Pennsylvania Municipalities Planning Code, the purposes of this section, among others, are as follows:
(1)
To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development.
(2)
To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development.
(3)
To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes.
(4)
To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups and residential preferences, so that the community's population diversity may be maintained.
(5)
To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the Borough's Open Space Plan, including provisions for reasonable incentives to create a greenway system for the benefit of present and future residents.
(6)
To implement adopted land use, transportation, and community policies, as identified in the Borough's Comprehensive Plan.
(7)
To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity.
(8)
To provide for the conservation and maintenance of open land within the Borough to achieve the above-mentioned goals and for active or passive recreational use by residents.
(9)
To provide multiple options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, floodplains, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls).
(10)
To provide standards reflecting the varying circumstances and interests of individual landowners and the individual characteristics of their properties.
(11)
To conserve scenic views and elements of the Borough's rural character and to minimize perceived density by minimizing views of new development from existing roads.
B.
General regulations. The design of all new subdivisions shall be governed by the following minimum standards:
(1)
Ownership. The tract of land shall be controlled by the applicant and shall be developed as a single entity.
(2)
Site suitability. As evidenced by the existing resources/site analysis plan, the preliminary subdivision plan, and the final subdivision plan, the tract incorporating this design option shall be suitable for supporting development in terms of environmental conditions, its size, and configuration.
C.
Development options:
(1)
Single-family development options. Single-family residential development shall be permitted only in those districts as provided in the Schedule of Uses.[1]
(b)
Development on parcels of three acres or more. On parcels of three acres or more, the following three development options are permissible:
[1]
Option one: single-family residential at the base density factor with not less than 25% of the adjusted tract acreage preserved as conservation open space on parcels from three to 10 acres and 40% on parcels of more than 10 acres.
[2]
Option two: single-family residential at a density factor 10% lower than the base density factor with not less than 50% of the adjusted tract acreage preserved as conservation open space.
[3]
Option three: single-family residential at a density factor 15% lower than the base density factor with not less than 60% of the adjusted tract acreage preserved as conservation open space.
[1]
Editor's Note: Said schedule is an attachment to this chapter.
(3)
Development on parcels of ten acres or less. On parcels of 10 acres or less, multifamily projects shall include a minimum of 25% of the adjusted tract acreage preserved as conservation open space.
(4)
Development on parcels of more than 10 acres. On parcels of more than 10 acres, multifamily projects shall include a minimum of 40% of the adjusted tract acreage preserved as conservation open space.
D.
Density determination and dimensional and design standards.
(1)
Single-family residential subdivisions.
(a)
Density factor. Single-family dwelling unit density shall be based on the density factors in the Density Factors for Single-Family Dwellings Table (below). The density factor is the required land area per dwelling unit, and the number of dwelling units shall be determined by dividing the adjusted tract acreage determined in § 215-23E by the density factor.
[Amended 12-2-2013 by Ord. No. 5-2013]
Density Factors for Single-Family Dwellings (square feet required per dwelling unit) | |||||
|---|---|---|---|---|---|
Zoning District | R-1 | R-2, R-3 | C-1 | C-2, M, R-LM | |
Option 1 | at the base density factor of | not permitted | |||
both central water and central sewage | 33,000 | 22,500 | 15,000 | ||
all others | 43,560 | 43,560 | 43,560 | ||
Option 2 | base density factor is reduced by 10% | not permitted | |||
both central water and central sewage | 29,700 | 20,250 | 13,500 | ||
all others | 39,200 | 39,200 | 39,200 | ||
Option 3 | base density factor is reduced by 15% | not permitted | |||
both central water and central sewage | 28,050 | 19,125 | 12,750 | ||
all others | 37,025 | 37,025 | 37,025 | ||
(b)
Minimum required conservation open space. Minimum conservation open space, as defined in § 215-23G(2)(a), shall comply with the Minimum Open Space for Single-Family Subdivisions Table:
Minimum Conservation Open Space for Single-Family Subdivisions | ||
|---|---|---|
Option 1 | ||
Parcels from 3 to 10 acres | 25%* | |
Parcels more than 10 acres | 40%* | |
Option 2 | 50%* | |
Option 3 | 60%* | |
*Percent of adjusted tract acreage determined in § 215-23E | ||
(c)
Dimensional standards. The dimensional standards in the following Dimensional Standards for Single-Family Lots Table shall apply:
Dimensional Standards for Single-Family Lots | |
|---|---|
Minimum individual lot area | 5,000 square feet |
Minimum lot width at building line | 70 feet |
Minimum street frontage | 20 feet |
Flag lots | Permitted in accord with provisions of Chapter 187, Subdivision and Land Development |
Minimum dwelling setback from project perimeter | 40 feet |
Yard regulations: the principal building position and orientation should be varied | See Part 3 of Schedule of Development Standards[4] |
Maximum impervious coverage | |
Maximum height regulations | |
[4]
Editor's Note: The Schedule of Development Standards is an attachment to this chapter.
(2)
Multifamily projects.
(a)
Density factor. Multifamily project density shall be based on the density factors in the Multifamily Dwelling Standards Table. The density factor is the required land area per dwelling unit and the number of dwelling units shall be determined by dividing the adjusted tract acreage determined in § 215-23E by the density factor.
[Amended 12-2-2013 by Ord. No. 5-2013]
Multifamily Dwelling Standards | ||||||||
|---|---|---|---|---|---|---|---|---|
Project Standards | Townhouses | Garden Apartments | Apartment Buildings | Senior Citizen Apartment Buildings | ||||
Minimum size for project parcel (acres) | none | |||||||
Density factor: required usable land area per dwelling unit | ||||||||
R-2 District | 15,000 square feet | |||||||
R-3 District | 15,000 square feet | |||||||
C-1 and C-2 Districts | 12,000 square feet | |||||||
Maximum number of dwelling units per building | 6 | 8 | 12 | 24 | ||||
Maximum building height | 35 feet | |||||||
Maximum lot coverage (percent) | Balance of parcel not conservation open space | |||||||
Additional Townshouse Standards | ||||||||
Minimum lot size for townhouse units for individual sale | 1,000 square feet | |||||||
Minimum lot width at house location | 18 feet | |||||||
Minimum front and rear yard setbacks | 10 feet front/ 15 feet rear | |||||||
Minimum side yard setback for end unit | 15 feet | |||||||
Maximum lot coverage for individual townhouse parcels | 75% | |||||||
(b)
Minimum required conservation open space. Minimum conservation open space, as defined in § 215-23G(2)(a), shall comply with the following Minimum Conservation Open Space for Multifamily Projects Table:
Minimum Conservation Open Space forMultifamily Projects | |
|---|---|
Parcels of 10 acres or less | 25%* |
Parcels of more than 10 acres | 40%* |
*Percent of adjusted tract acreage determined in § 215-23E | |
(c)
Dimensional standards. The dimensional standards in the Multifamily Dwelling Standards Table shall apply.
(d)
Setbacks. No structure in a multifamily dwelling project shall be constructed within 20 feet of the edge of the shoulder of any access drive (without a designated right-of-way) to or through the development or within 10 feet of any parking area. Setbacks of multifamily project buildings from access roads through the project shall meet these minimums; however, setbacks of adjacent buildings shall be varied so that adjacent buildings have a setback variation of not less than five feet.
(e)
Road standards. Access roads through the development shall comply with the street requirements of Chapter 187, Subdivision and Land Development, for minor roads. Access drives serving 12 units or less shall be considered driveways and need not meet minor road standards. Direct access of individual parking spaces to a minor road shall not be permitted, and any such access drive shall remain private.
(f)
Building separation. All principal multifamily structures shall be separated by a distance as may be required by any applicable building code, but in no case less than 20 feet.
(g)
Landscaped buffers. Buffers not less than 15 feet in width shall be provided in accord with § 215-35B of this chapter where multifamily structures adjoin existing one-family dwellings, two-family dwellings or any R-1 or R-2 District. In all cases, a landscaping plan shall be prepared and submitted by the developer for approval by the Borough.
(h)
Pedestrian access. Walkways of such design and construction as approved by the Borough shall be provided from all buildings and/or units to their respective parking area and shall meet the requirements for sidewalks as set forth in Chapter 187, Subdivision and Land Development.
(i)
Architectural renderings. Preliminary architectural renderings, models or photos for multifamily dwelling projects of more than 10 dwelling units shall be provided at the time of submission of the application. The exterior appearance of the building(s) shall be unified in type, design, and exterior wall treatment, and so constructed and maintained in order to retain the residential character of the neighborhood. Fire escapes, when required, shall be in the rear of the building and shall not be located on any wall facing a street unless any building, fire or other code so requires.
(j)
Townhouses: facade changes. A minimum of two changes in the front wall plane with a minimum offset of four feet shall be provided for every attached grouping of townhouses in one building. This can be met by varying setbacks among different dwellings or varying setbacks along the front of a dwelling, or dwellings set back farther than attached private garages.
(k)
Nonresidential use. Nonresidential uses and home occupations which employ other than unit residents shall not be permitted in a multifamily dwelling. Such ancillary facilities as laundry areas, service buildings, recreation facilities and the like for the use of the residents of the project shall be permitted.
E.
Adjusted tract acreage. Determination of the maximum number of permitted dwelling units and required open space on any given property shall be based upon the adjusted tract acreage of the site. The adjusted tract acreage shall be determined by multiplying the acreage classified as being in the categories of constrained land (described below) by the numerical "density factor" for that category of constrained land, summing all factored constrained land areas, and then deducting the total from the gross tract area.
(1)
The following areas of constrained land shall be deducted from the gross (total) tract area:
(a)
Rights-of-way: Multiply the acreage of land within the rights-of-way of existing public streets or highways, or within the rights-of-way for existing or proposed overhead rights-of-way of utility lines or any other rights-of-way, by 1.0.
(b)
Private streets: Multiply the acreage of land under existing private streets by 1.0.
(c)
Wetlands: Multiply the acreage of designated wetlands by 0.95.
(d)
Floodway: Multiply the acreage within the floodway by 1.0.
(e)
Floodplain: Multiply the non-wetland portion of the one-hundred-year floodplain by 1.0.
(f)
Steep slopes: Multiply the acreage of land with natural ground slopes exceeding 25% by 1.0.
(g)
Moderately steep slopes: Multiply the acreage of land with natural ground slopes of between 15% and 25% by 0.60.
(h)
Extensive rock outcroppings: Multiply the total area of rock outcrops and boulder-fields more than 1,000 square feet by 0.90.
(i)
Ponds, lakes and streams: Multiply the acreage of ponds, lakes and streams by 1.0.
(2)
If a portion of the tract is underlain by more than one natural feature subject to a deduction from the total tract acreage, that acreage shall be subject to the most restrictive deduction only.
(3)
Since acreage that is contained within the public or private rights-of-way, access easements or access strips is excluded from usable lot area, any portion of those items that also contains a natural feature subject to a deduction from the total tract acreage shall not be included when calculating the adjusted tract acreage.
F.
General design standards.
(1)
Dwelling lots. Except for conservancy lots meeting the requirements of § 215-23G(3), dwelling lots shall not encroach upon primary conservation areas and the layout of all lots shall respect secondary conservation areas, as identified in Chapter 187, Subdivision and Land Development.
(2)
Exterior views. Views of dwellings from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of Chapter 187, Subdivision and Land Development.
(3)
Intersections and access. The number of driveways entering onto existing public streets shall be minimized. Instead, the development shall make maximum use of driveways entering onto an internal local street. Intersections and access shall be governed by Chapter 187, Subdivision and Land Development.
(4)
Dwelling access. Dwellings shall be accessed from interior streets rather than from roads bordering the tract.
(5)
Building siting. Conventional siting practices, such as building setbacks from streets and minimum distances between buildings, shall be varied to produce attractive and interesting arrangements of structures.
(6)
Open space access. Dwelling units shall be located and sited so as to promote pedestrian and visual access to open space wherever possible.
(7)
Privacy. Dwelling units shall be located and arranged so as to promote privacy for residents within and adjacent to the development.
(8)
Parking. Parking shall be provided in accord with § 215-22 and the landscaping requirements of Chapter 187, Subdivision and Land Development.
(9)
Lighting. All streets, off-street parking areas, and areas of intensive pedestrian use shall be adequately lighted. All such lighting shal1 be designed and located so as to direct light away from adjacent residences and in accordance with the standards of § 215-35I and the requirements of Chapter 187, Subdivision and Land Development.
(10)
Refuse and recycling disposal. Refuse and recycling stations to serve residential and recreational areas shall be conveniently located for trash removal and shall be screened from, and not be offensive to, nearby residential areas. Containers shall be covered and verminproof. Interior storage areas for trash shall at all times be kept in an orderly and sanitary fashion.
G.
Conservation open space use and design standards. Protected conservation open space in all subdivisions shall meet the following standards:
(1)
Uses permitted in conservation open space. The following uses are permitted in conservation open space areas:
(a)
Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow).
(b)
Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, associated buildings, excluding residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors.
(c)
Pastureland for horses used solely for recreational purposes. Equestrian facilities shall be permitted but may not consume more than half of the minimum required conservation open space.
(d)
Silviculture, in keeping with established standards for selective harvesting and sustained-yield forestry.
(e)
Neighborhood open space uses such as village commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, and other uses similar in character and potential impact as determined by the Borough.
(f)
Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required conservation open space or five acres, whichever is less.
(g)
Golf courses may comprise up to half of the minimum required conservation open space, but shall not include driving ranges or miniature golf. Their parking areas and any associated structures shall not be included within the minimum conservation open space requirement, and their parking and accessways may be paved and lighted.
(h)
Water supply and sewage disposal systems and stormwater detention areas designed, landscaped, and available for use as an integral part of the conservation open space. However, water treatment plants and storage tanks, central sewage treatment plants and lagoons, and a fifty-foot buffer around such facilities shall not be included within the minimum conservation open space requirement.
(i)
Easements for drainage, access, sewer or water lines, or other public purposes.
(j)
Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required conservation open space.
(2)
Conservation open space design standards.
(a)
Conservation areas. Conservation open space shall be laid out in general accord with the Borough's Map of Potential Conservation Lands to ensure that an interconnected network of open space will be provided. The required conservation open space consists of all primary conservation areas plus secondary conservation areas required in § 215-23D(1)(b) and D(2)(b). Primary conservation areas comprise those areas listed in § 215-23E(1) as being subtracted from the total parcel acreage to produce the adjusted tract acreage. A prioritized list of secondary conservation areas are listed in Chapter 187, Subdivision and Land Development.
(b)
Open space ownership and access. The conservation open space shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, another conservation organization recognized by the municipality, or by a private individual or entity. The amount of land available for the common use and passive enjoyment of the subdivision residents shall not be less than 30% of the minimum required conservation open space. These ownership options may be combined so that different parts of the conservation open space may be owned by different entities.
(c)
Dedication requirement. See the open space and recreation fee provisions in Chapter 187, Subdivision and Land Development.
(d)
Buffers for adjacent public park land. Where the proposed development adjoins public park, state forest or state game land, a natural conservation open space buffer at least 150 feet deep shall be provided within the development along its common boundary with such public land, within which no new structures shall be constructed. Where this buffer is unwooded, the Borough may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through no-mow policies and the periodic removal of invasive alien plant and tree species.
(e)
Active recreation. At least 25% of the conservation open space shall be suitable for active recreational use, including the development of recreation facilities. This area shall be delineated as a reserved area on the plan. It shall be of a size and shape suitable for proposed uses; shall be less than 10% natural slope; shall not include any wetlands; and shall be free of conditions hazardous to health and safety. Active recreation uses include paved court areas for court games, grassed field areas for sports and athletic areas, ball fields, swimming pools, playgrounds, and the like. They do not include walking or riding paths, animal and plant observation and study areas, hunting and fishing areas, and similar passive recreation activities.
(f)
Village commons. Village commons are intended to provide identity and focus to neighborhoods by enhancing their form and appearance as well as serving a variety of outdoor leisure and assembly needs of neighborhood residents.
[1]
Village commons shall be provided as part of the conservation open space at the percentages in the Village Commons Table, and the area of commons may be counted to meet the active recreation percentage required in Subsection G(2)(e)above.
[Amended 12-2-2013 by Ord. No. 5-2013]
Village Commons | ||
|---|---|---|
Options 1, 2 and 3 | R-1 | R-2, R-3, C-1 |
Percentage of conservation open space | ||
Both central water and central sewage | 10% | 15% |
All others | 10% | 15% |
[2]
The commons shall be less than 10% natural slope; shall not include any wetlands; and shall be free of conditions hazardous to health and safety.
[3]
The minimum size of an individual commons shall be 1/4 acre and the maximum size shall be one acre.
[4]
A commons shall be surrounded by streets on not less than three sides, around which dwelling lots are arranged facing the common.
(3)
Conservancy lots. Lots 10 acres or more in size may be designated as conservancy lots in accord with this section. Any lot 10 acres or more in size which does not meet the requirements of this section shall be deemed a standard dwelling lot and its area shall not be counted as part of the conservation open space.
(a)
The area of the conservancy lot not included in the designated building envelope may be counted as part of the required conservation open space.
(b)
Access to the conservancy lot may be restricted to the owner of the lot. Not more than 70% of the minimum required conservation open space shall be in private ownership.
(c)
Conservancy lots shall be restricted by permanent easement against further subdivision.
(d)
The depth-to-width ratio of the conservancy lot shall not exceed 4:1.
(e)
A building envelope (see definition in Article III) not exceeding one acre in area shall be designated.
[1]
The building envelope shall not encroach on any primary conservation area and shall respect secondary conservation areas as identified in Chapter 187, Subdivision and Land Development.
[2]
The building envelope shall comply with the setbacks, lot width, lot depth, and lot depth-to-width ratio for one acre lots in Part 3 of the Schedule of Development Standards in Article IV.[6] Lot coverage shall not exceed 40%.
[6]
Editor's Note: The Schedule of Development Standards is an attachment to this chapter.
(f)
Uses outside the building envelope shall be limited to those listed in § 215-23G(1).
(4)
Other requirements.
(a)
No portion of any building lot may be used for meeting the minimum required conservation open space. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required conservation open space.
(b)
Pedestrian and maintenance access, excluding those lands used for permitted agricultural or horticultural purposes, shall be provided to conservation open space in accordance with the following requirements:
H.
Permanent conservation open space protection through conservation easements. The conservation open space that is required to be reserved and created through the subdivision process shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. (For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface septic disposal systems or spray irrigation facilities.) The determination of necessity shall lie with the Borough.
J.
Senior citizen housing - multifamily dwellings. If a multifamily dwelling project is proposed as senior citizen housing, as defined in Article III, the Borough Council may modify any of the applicable standards of this article as such are applied to the project, including the maximum density of dwelling units and the maximum number of dwelling units in a building. Any such modification shall be consistent with the purposes of this article and shall not adversely affect the public health, safety and general welfare. Any application involving any such modification shall be considered a conditional use. Any modification of Chapter 187, Subdivision and Land Development, standards shall be governed by § 187-79 of that chapter.
[Added 8-1-2005 by Ord. No. 6-2005]
§ 215-24 Two-family dwellings.
Where permitted by the Schedule of Uses,[1] two-family dwellings shall comply with the requirements of this § 215-24 and other applicable standards in this chapter.
A.
Common wall. In cases where a two-family dwelling is a duplex involving a common (i.e., party) wall and common property line, said wall shall be located on the common property line separating the adjoining lots. The area of each lot shall not be less than 50% of the minimum lot size required in Part 3 of the Schedule of Development Standards in Article IV and minimum lot dimensions shall comply with Part 2 of the Schedule of Development Standards in Article IV.[2]
[2]
Editor's Note: Said schedule is an attachment to this chapter.
B.
Over/under units. In cases where the two-family dwelling consists of two dwelling units constructed with one unit located on the second floor above a first floor dwelling unit, the lot size shall comply with Part 3 of the Schedule of Development Standards in Article IV and minimum lot area and dimensions shall comply with Part 2 of the Schedule of Development Standards in Article IV. If such a two-family dwelling is proposed on two or more separate lots of record, said lots shall be combined into one lot prior to the issuance of a Zoning Permit.
[1]
Editor's Note: Said schedule is an attachment to this chapter.
§ 215-25 Conversion to dwellings.
A conversion of any building to a residential use or the conversion of any dwelling to accommodate additional dwelling units shall comply with the standards in this § 215-25 and the other requirements applicable to the dwelling type to which conversion is proposed. The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this chapter, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to dwelling unit, living space, lot coverage, dimensions of yards and other open spaces, off-street parking, and other applicable standards.
§ 215-26 Group homes.
Group homes shall be permitted in any lawful single-family dwelling unit in accord with the Schedule of Uses in Article IV,[1] this § 215-26 and other applicable standards of this chapter.
B.
Supervision. There shall be adequate supervision by an adequate number of person(s) trained in the field for which the group home is intended.
C.
Certification. The use shall be licensed or certified under an applicable state, county or federal program for group housing, if applicable. A copy of any such license or certification shall be filed with the Borough and shall be required to be shown to the Zoning Officer in the future upon request. The group home shall notify the Borough within 14 days if there is a change in the type of clients, the sponsoring agency, the maximum number of residents or if an applicable certification/license expires, is suspended or is withdrawn.
D.
Registration. The group home shall register its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer. Such information shall be available for public review upon request.
E.
Counseling. Any medical or counseling services provided on the property shall be limited to residents and a maximum of three nonresidents per day.
F.
Off-street parking areas of more than five spaces shall be buffered from adjacent existing single-family dwellings by a planting screen meeting the requirements of § 215-35B of this chapter.
[Amended 12-2-2013 by Ord. No. 5-2013]
G.
Appearance. If the group home is within an R-1, R-2 or R-3 District, the building shall be maintained and/or constructed to ensure that it is closely similar in appearance, condition and character to the other residential structures in the area. No exterior signs shall identify the type of use.
H.
Bulk and density. The construction of new group homes shall comply with the minimum lot size and other bulk and density requirements applicable to single-family residential dwellings.
I.
Number of residents. The maximum number of persons who shall reside in a group home, including the maximum number of employees/supervisors and/or care providers routinely in the group home at any point in time, shall not exceed eight total persons.
J.
Visitors. Employees of the group home shall be prohibited from having visitors on the premises, except for visitation necessary for the operation of the group home and except for emergencies.
[1]
Editor's Note: Said schedule is an attachment to this chapter.
§ 215-26.1 Functional families.
[Added 12-2-2013 by Ord. No. 5-2013]
A.
Purpose. This § 215-26.1 is to provide for the regulation of functional families that may request to reside in a dwelling unit and to prohibit larger groups of unrelated persons from residing in dwelling units. Larger groups of unrelated persons have been frequently shown to have a detrimental effect on residential neighborhoods since larger groups of unrelated persons do not live as a family unit and do not have significant economic or emotional ties to the neighborhood.
B.
Special exception; standards. The Zoning Hearing Board shall consider each application for a functional family as a special exception in accord with the standards of § 215-111D and, among others, the following considerations:
(1)
The proposed occupants:
(a)
Share a strong bond or commitment to a single purpose (e.g., religious orders);
(b)
Are not legally dependent on others not part of the functional family;
(c)
Can establish legal domicile as defined by Pennsylvania law;
(d)
Share costs of food, rent or ownership, utilities and other household expenses;
(e)
Prepare food and eat together regularly;
(f)
Share in the work to maintain the premises;
(g)
Legally share in the ownership or possession of the premises; and
(h)
Share the entire dwelling unit or act as separate roomers.
(2)
Whether the household has stability akin to a permanent family. The criteria used to make this determination may include, among others, the following:
(a)
The length of stay together among the occupants in the current dwelling unit or other dwelling units;
(b)
The presence of minor, dependent children regularly residing in the household;
(c)
Whether the household is a temporary living arrangement or a framework for transient living; and
(d)
Whether the composition of the household changes from year to year or within the year.
(3)
Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family.
C.
Conditions. The Zoning Hearing Board may impose such additional conditions as it deems necessary for the general welfare, for the protection of individual property rights, and for ensuring that the intent and objectives of this chapter will be observed.
§ 215-27 Mobile home parks.
Mobile home parks are permitted in certain districts in accord with the Schedule of Uses in Article IV[1] in order to provide the opportunity for the development of a variety of housing types in the Borough.
A.
Project design process and procedure.
(1)
Subdivision and land development. Mobile home parks shall be considered major subdivisions and land developments also subject to Chapter 187, Subdivision and Land Development. This "major subdivision" classification shall apply to all subdivision of property in connection with the development, regardless of whether or not the same are connected with building development or home placement, and the approvals required shall be requested and acted upon concurrently as one subdivision.
(2)
Site plan. A proposed site plan showing all necessary information shall include, at a minimum, location of all mobile home sites, buildings and improvements, including roads, parking areas, planting strips, signs, overall grading plan with storm drainage facilities, water supply and distribution systems, sewage treatment and collection systems, and the specific areas provided as open space pursuant to the requirements of this chapter. Building layouts, floor plans and profiles shall be provided indicating building dimensions, numbers, and sizes of units, common ownership or use areas, lighting and such other information as shall be required to determine compliance with the design standards contained herein and any other standards which may be applicable in the Borough. Setbacks from property lines, improvements, and other buildings shall also be specifically shown.
(3)
Open space. Open space area shall be preserved to the maximum extent possible in accord with a schedule or plan, and proposed agreement(s) either with the Borough or a property owners' association for the purpose of preserving the open space in the same manner as required for open land development in § 215-23E of this chapter.
B.
Design; procedures; parcel size; density; mobile home sites.
(2)
All land proposed for a particular mobile home park shall be part of the same parcel and contiguous.
(3)
The minimum parcel size for a mobile home park shall be five acres and the overall density of a mobile home park shall not exceed four units per acre.
(4)
Each mobile home site shall have a minimum area of 5,000 square feet for exclusive use of the occupants of the mobile home placed upon the lot. Minimum lot widths and depths shall be 45 feet. Each mobile home lot shall be defined by metes and bounds on a survey which shall be shown as such on the development plan, and markers shall be installed at each corner of every lot.
[1]
Editor's Note: Said schedule is an attachment to this chapter.
§ 215-28 Mobile/manufactured homes on individual lots.
Mobile homes placed on lots not in a mobile home park shall comply with all Borough regulations applicable to single-family residential dwellings, and:
A.
Shall be constructed in accordance with the Safety and Construction Standards of the United States Department of Housing and Urban Development. These standards supersede the BOCA Code for the actual construction of the unit itself.
B.
Shall have a site graded to provide a stable and well-drained area.
C.
Shall have the hitch mechanisms, wheels and axles removed or screened from view.
D.
Shall be securely attached to the ground in such a way as to prevent overturning, shifting or uneven settling of the home.
E.
Shall be enclosed from the bottom of the home to the ground or stand using industry-approved skirting material compatible with the home or, if a slab foundation is used, masonry walls underneath the home with soil backfill to result in the surrounding ground level being flush or one-normal-step height below the first floor elevation. If masonry walls are used, then an appropriate service access area shall be provided.
F.
Shall be attached to a permanent foundation.
§ 215-29 Minimum size of dwellings.
A.
Minimum floor area. All dwelling units erected or installed shall have the following minimum floor area (see definition of "floor area" in Article III):
Type of Dwelling Unit | Square feet per dwelling unit |
|---|---|
Single-family detached | 950 |
Two-family | 950 |
Mobile home on individual lot and in a mobile home park | 720 |
Multifamily dwellings | |
Efficiency | 500 |
One bedroom | 650 |
Two bedrooms | 750 |
Three or more-bedrooms | 875 plus 100 for each additional bedroom |
B.
Minimum width. No dwelling unit shall be less than 14 feet wide.
§ 215-29.1 Short-term rentals.
[Added 6-6-2016 by Ord. No. 2-2016]
Short-term rentals shall comply with Chapter 154, Rental Property.
§ 215-30 Bed-and-breakfast inns.
[Amended 12-2-2013 by Ord. No. 5-2013]
Bed-and-breakfast inns shall comply with the following standards in addition to all other applicable standards in this chapter.
A.
(Reserved)
B.
Not more than five rentable rooms shall be provided in the establishment for no more than 10 guests.
C.
The owner or manager of the bed-and-breakfast must reside on the premises.
D.
Sewage disposal meeting the requirements of the Borough and PA DEP shall be provided.
E.
Bed-and-breakfast inns shall not be permitted on lots which are nonconforming in minimum area.
F.
Provide the Borough with a copy of a current Monroe County hotel room excise tax certificate.
[Added 2-5-2018 by Ord. No. 2-2018]
G.
Not permit paying guests to stay for more than 14 consecutive nights.
[Added 2-5-2018 by Ord. No. 2-2018]
§ 215-31 Hotels, motels, and lodging facilities.
This section is intended to provide specific standards for the development of hotels, motels and other lodging facilities at unit densities that allow full use of the project parcel while at the same time recognizing the limitation of the proposed site. Specific performance standards are provided to allow for flexibility of design and to ensure the protection of adjoining properties and the public health, safety and general welfare.
A.
Density. Density of units and facilities shall be determined by the character of the project parcel and compliance with the standards in this § 215-31 and this chapter, and other applicable Borough regulations.
B.
Design criteria.
(1)
Yard, building height, lot width and depth, and lot coverage ratios applicable to the district shall be maintained.
(2)
All facilities in a hotel, motel or lodging facility project shall be on the same parcel of property and shall not contain any commercial facility unless such commercial facility is otherwise permitted in the district where the subject property is located.
§ 215-32 Optional transfer of development rights (TDR).
A.
Purposes. In addition to serving the overall purposes of this chapter, this section is intended to:
B. RECEIVING PROPERTY SENDING PROPERTY
Definitions. When used in this section, the following terms shall have the meanings indicated:
A parcel of land that is approved for a higher residential density than would otherwise be permitted as a condition of the restriction of development on the "sending property."
A parcel of land or portion of a parcel that is restricted by a conservation easement as a condition of approval of a higher residential density on the "receiving property" than would otherwise be permitted.
C.
Subdivision and land development approval. The development rights shall be transferred only following final approval of a subdivision or land development plan. The approval of a preliminary plan shall be conditioned upon compliance with this § 215-32. As part of a preliminary and final plan application, the applicant shall present a draft conservation easement on the sending property and a written, signed and notarized agreement by the owner of the sending property acknowledging and agreeing to the application. The application to develop the receiving property at a higher density shall be treated in the same manner as any other subdivision or land development application.
D.
Conservation easement.
(1)
Effect. The required conservation easement shall be drafted so that it is binding if the receiving property is granted final plan approval. The conservation easement shall be recorded at the same time as, or prior to, the final plan for the receiving property. If a final plan is recorded in phases, the conservation easement may be recorded in corresponding phases.
(2)
Form. The form of the conservation easement shall be acceptable to the Borough Council, based upon review by the Borough Solicitor and Planning Commission. In the case of agricultural land, the standard language for an agricultural conservation easement used by the County Agricultural Land Preservation Board may be used.
(3)
Permanency. Once a conservation easement is established under a transfer of development rights, it shall be permanent, regardless of whether the receiving property is developed.
E.
Location. A sending property shall be within an R-1or R-2 District and shall have a minimum area of five acres, and a receiving property shall be within an R-2, R-3, C-1, or C-2 District.
[Amended 12-2-2013 by Ord. No. 5-2013]
F.
Owners' agreement and responsibility. The owners of the sending property and receiving property shall voluntarily commit to participate in the transfer of development rights. Once the required conservation easement is established, it shall be binding upon all current and future owners of the sending property. The applicant for the receiving property shall be responsible to negotiate with, and pay compensation to, the owner of the sending property for the conservation easement. Such transaction shall occur privately, the value shall be determined by the private market, and the Borough shall be under no obligation to pay the owner of the sending property.
G.
Donations or intermediaries. The development rights of a sending property may be purchased by or donated to the Borough, the county or an established, incorporated, nonprofit organization whose mission includes preservation of agricultural land or natural features. A permanent conservation easement shall be established on the sending property at the time of such purchase or donation. In such case, the right to develop such dwelling units may be held for a maximum of 10 years before being used on a receiving property(ies).
H.
Determination of density; development process.
(1)
Yield plans. The applicant shall, as part of the subdivision and land development review process, present a yield plan for the receiving property and for the sending property. Such yield plans shall be a level of detail typically found in a sketch plan. Such yield plans shall be prepared to determine the number of new dwelling units that could be lawfully constructed on each property under Borough regulations without any transfer of development rights.
(2)
Borough review. Such yield plan shall be reviewed by the Planning Commission, with advice by the Borough Engineer, to determine whether each represents an accurate determination of the number of dwelling units possible on each site, both physically and legally. If such determination is ascertained by the Planning Commission to not be accurate, the applicant shall be required to revise the yield plan.
(3)
Dwelling unit transfer. Based upon acceptance by the Council of the yield plans, the right to develop some or all of the dwelling units may be transferred from the sending property to the receiving property, depending upon the amount of land affected by the permanent conservation easement. (For example, if under current zoning, five dwelling units would be possible on the western portion of a lot and six dwelling units on the eastern portion, the owner may choose to transfer the right to develop five dwelling units by placing a permanent conservation easement on the western portion. The owner would then still have the right to develop the eastern portion under the zoning in effect at the time of a future development application for the eastern portion.)
(a)
If only a portion of a parcel would be affected by the conservation easement, the applicant shall prove that the conservation easement would permanently preserve a contiguous area of rectangular (or similar regular) shape that would relate to the number of dwelling units that would otherwise be allowed on such portion of the lot.
(b)
Where a conservation easement is proposed to be established in phases over time, each phase must be contiguous with a previous conservation easement, unless the applicant proves to the satisfaction of the Council that there is a valid public purpose for the easement to not be contiguous.
(4)
Receiving property. The development of the receiving property shall comply with all other requirements of this chapter, except for the maximum density. The receiving property shall be permitted to include an increased total number of dwelling units above the number that would otherwise be permitted, based upon the yield plan. However, in no case shall the following densities in § 215-23 be exceeded, and the open space preserved on the sending property may be used to meet the minimum conservation open space required by § 215-23.
(5)
Utilities. To receive a transfer of development rights, all lots of less than one acre on the receiving property shall be served by Borough-approved central sewage disposal system sewerage and central water supply.
§ 215-33 Religious quarters.
A.
Single-family; five or less unrelated persons. Dwellings housing a single-family or no more than five unrelated persons shall comply with the bulk and coverage requirements for single-family detached dwellings in the applicable district. Religious quarters which are considered single-family dwellings under the terms of this § 215-33A shall only be permitted in those districts where single-family dwellings are otherwise permitted by this chapter.
B.
Multifamily; six or more unrelated persons. Dwellings housing six or more unrelated persons shall comply with the bulk and coverage requirements for multifamily dwellings in the applicable district. Each two persons beyond the first five persons shall be equivalent to an additional dwelling unit. Religious quarters which are considered multifamily dwellings under the terms of this § 215-33B shall only be permitted in those districts where multifamily dwellings are otherwise permitted by this chapter.