Mount Union City Zoning Code
ARTICLE IV
District Regulations
§ 330-14 Compliance required.
A.
Except as hereinafter provided, no building or structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or altered, except in conformity with the regulations herein specified for the district in which it is located.
B.
No building or other structure shall hereafter be erected or altered:
(1)
To exceed the height or bulk; or
(2)
To accommodate or house a greater number of families; or
(3)
To occupy a greater percentage of lot area; or
(4)
To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required or in any other manner contrary to the provisions of this chapter.
C.
Regulations governing the use of land within the designated zoning districts shall be as set forth in the sections of this article and the following supporting articles.
§ 330-15 R-1 Low Density Residential District.
A.
Purpose:
(1)
To preserve the predominantly residential atmosphere where single-family and semidetached homes dominate such that a high level of dwelling quality continues to exist.
(2)
To preserve spacious lawns and open space for landscaping or other uses.
(3)
To provide for the orderly expansion of low-density residential development.
(4)
To exclude uses not compatible with such low-density residential development.
D.
Special exception uses: (See § 330-60.)
(1)
Residential conversion units, provided that no more dwelling units are provided than are either in a permitted or conditional use category, and provided that all other regulations pertaining to the new use can be met.
(2)
Home occupations, provided that no facade shall indicate from the exterior that the building is being utilized for any purposes other than that which is permitted by right in this article.
(3)
Business office or professional offices combined with residence, provided that no more than two employees are employed.
(4)
Treatment center.
[Added 4-2-2007 by Ord. No. 1080]
E.
Height regulations. The height of a building shall not be greater than 35 feet or 2 1/2 stories.
F.
Area and bulk regulations:
(1)
Single-family detached dwelling:
(a)
Minimum lot size: 6,000 square feet.
(b)
Minimum lot width: 50 feet.
(c)
Minimum any one side yard setback: five feet.
(d)
Minimum aggregate side yard setback: 15 feet.
(e)
Minimum front yard setback: 20 feet.
(f)
Minimum rear yard setback: 30 feet.
(g)
Maximum coverage: 30%.
(h)
Minimum floor area per dwelling unit: 950 square feet.
(2)
Single-family semidetached dwelling:
(a)
Minimum lot size per dwelling unit: 4,500 square feet.
(b)
Minimum lot width per double structure: 80 feet.
(c)
Minimum any one side yard setback: 10 feet.
(d)
Minimum aggregate side yard setback: 20 feet.
(e)
Minimum front yard setback: 30 feet.
(f)
Minimum rear yard setback: 30 feet.
(g)
Maximum coverage: 40%.
(h)
Minimum floor area per dwelling unit: 800 square feet.
(3)
Two-family detached dwelling:
(a)
Minimum lot size per dwelling unit: 4,000 square feet.
(b)
Minimum lot width: 60 feet.
(c)
Minimum any one side yard setback: 10 feet.
(d)
Minimum aggregate side yard setback: 20 feet.
(e)
Minimum front yard setback: 30 feet.
(f)
Minimum rear yard setback: 30 feet.
(g)
Maximum coverage: 35%.
(h)
Minimum floor area per dwelling unit: 775 square feet.
(4)
Townhouses:
(a)
Maximum density: 10 dwelling units per acre.
(b)
Minimum lot width per interior structure: 16 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum end-of-row side yard setback: 25 feet.
(e)
Minimum front yard setback: 30 feet.
(f)
Minimum rear yard setback: 30 feet.
(g)
Maximum coverage: 50%.
(h)
Minimum floor area per dwelling unit: 775 square feet.
(i)
No structures shall be closer together than 30 feet.
(j)
Townhouse design standards.
[1]
Each townhouse dwelling unit shall incorporate varied architectural modes and setbacks and shall contain not less than three nor more than eight dwelling units joined by a common wall.
[2]
An overall structure of attached dwelling units shall not be permitted with one common roofline or with equal front and rear yard setbacks for all dwelling units. Similarly, the appearance of the front and rear wall of the building shall have a distinction between dwelling units by varying the unit width or height, providing different exterior materials on the facade, or by changing the rooflines. Setbacks shall vary from every dwelling unit to the next so that at least every two units are offset from the adjoining units by a minimum of two feet front and rear.
[3]
If topographical or other barriers do not provide adequate privacy for existing uses adjacent to the townhouse development, structures located on the perimeter must be set back a distance sufficient to protect the privacy and amenity of the existing uses as determined acceptable by the Planning Commission. Buffer areas consisting of hedges, evergreens, or other suitable plantings may be required to sufficiently constitute an effective screen.
[4]
All townhouse development is subject to the provisions of applicable subdivision and land development regulations.
§ 330-16 R-2 Medium Density Residential District.
A.
Purpose:
(1)
To preserve the existing predominantly residential atmosphere where single-family and semidetached homes generally dominate.
(2)
To provide for the orderly development of residential districts which permit a variety of housing types.
(3)
To allow a higher density of single-family-housing-type development.
(4)
To provide a sufficient number of areas within the Borough for the placement of mobile homes.
B.
Permitted uses:
(1)
Single-family detached dwellings.
(2)
Single-family semidetached dwellings.
(3)
Two-family detached dwellings.
(4)
Two-family semidetached dwellings.
(5)
Mobile/manufactured homes.
[Amended 4-2-2007 by Ord. No. 1080]
(6)
Private swimming pools.
(7)
Accessory buildings and uses customarily incidental to the above uses.
(8)
Modular homes.
[Added 4-2-2007 by Ord. No. 1080]
(9)
Transitional congregate housing facilities.
[Added 4-2-2007 by Ord. No. 1080]
C.
Conditional uses: (See § 330-36.)
(1)
Townhouses, subject to conditional use requirements and § 330-15F(4).
(2)
Garden apartments.
(3)
Low-rise apartments.
(4)
Churches.
(5)
Schools.
(6)
Other appropriate public uses and essential services.
(7)
Public swimming pools.
(8)
Mobile home parks in accordance with the provisions of all applicable requirements.
D.
Special exception uses: (See § 330-60.)
(1)
Residential conversion units, provided that no more dwelling units are provided than are either in a permitted or conditional use category, and provided that all other regulations pertaining to the new use can be met.
(2)
Home occupations, provided that no facade shall indicate from the exterior that the building is being utilized for any purposes other than that which is permitted by right in this article.
(3)
Business office buildings to be used only for the administrative functions of companies, corporations, social or philanthropic organizations or societies and offices of accountants, architects, brokers, engineers, lawyers and similar professions.
(4)
Neighborhood commercial uses, provided that such uses are confined to the first floor or part of the first floor of a building and are designed to serve primarily persons residing in the immediate area and within walking distance of the commercial use.
(5)
Boardinghouses and lodging houses, provided that not more than four rooms of a residence are used for such purpose.
(6)
Treatment centers.
[Added 4-2-2007 by Ord. No. 1080]
(7)
Transitional congregate housing facilities.
[Added 4-2-2007 by Ord. No. 1080]
G.
Height regulations. The height of a building shall not be greater than 45 feet, nor greater than four stories.
H.
Area and bulk regulations:
(1)
Single-family detached dwelling:
(a)
Minimum lot size: 5,000 square feet.
(b)
Minimum lot width: 50 feet.
(c)
Minimum lot depth: 70 feet.
(d)
Minimum any one side yard setback: five feet.
(e)
Minimum aggregate side yard setback: 15 feet.
(f)
Minimum front yard setback: 20 feet.
(g)
Minimum rear yard setback: 30 feet.
(h)
Maximum coverage: 30%.
(i)
Minimum floor area per dwelling unit: 800 square feet.
(2)
Single-family semidetached dwelling:
(a)
Minimum lot size per dwelling unit: 4,000 square feet.
(b)
Minimum lot width per double structure: 60 feet.
(c)
Minimum any one side yard setback: 10 feet.
(d)
Minimum aggregate side yard setback: 20 feet.
(e)
Minimum front yard setback: 25 feet.
(f)
Minimum rear yard setback: 30 feet.
(g)
Maximum coverage: 40%.
(h)
Minimum floor area per dwelling unit: 625 square feet.
(3)
Two-family detached dwelling:
(a)
Minimum lot size per dwelling unit: 3,500 square feet.
(b)
Minimum lot width: 50 feet.
(c)
Minimum any one side yard setback: 10 feet.
(d)
Minimum aggregate side yard setback: 20 feet.
(e)
Minimum front yard setback: 25 feet.
(f)
Minimum rear yard setback: 30 feet.
(g)
Maximum coverage: 40%.
(h)
Minimum floor area per dwelling unit: 700 square feet.
(4)
Two-family semidetached dwelling:
(a)
Minimum lot size per dwelling unit: 2,500 square feet.
(b)
Minimum lot width: 80 feet.
(c)
Minimum any one side yard setback: 10 feet.
(d)
Minimum aggregate side yard setback: 20 feet.
(e)
Minimum front yard setback: 25 feet.
(f)
Minimum rear yard setback: 30 feet.
(g)
Maximum coverage: 40%.
(h)
Minimum floor area per dwelling unit: 625 square feet.
(5)
Townhouses:
(a)
Maximum density: 14 dwelling units per acre.
(b)
Minimum lot width per interior structure: 16 feet.
(c)
Minimum lot depth: 80 feet.
(d)
Minimum end-of-row side yard setback: 20 feet.
(e)
Minimum front yard setback: 25 feet.
(f)
Minimum rear yard setback: 25 feet.
(g)
Maximum coverage: 40%.
(h)
Minimum floor area per dwelling unit: 625 square feet.
(i)
No structures shall be closer together than 30 feet.
(j)
Townhouse design standards. The townhouse design standards of § 330-15F(4)(j) shall be incorporated herein.
(6)
Mobile home dwelling:
(a)
Minimum lot size per unit: 6,000 square feet.
(b)
Minimum lot width: 50 feet.
(c)
Minimum lot depth: 70 feet.
(d)
Minimum any one side yard setback: five feet.
(e)
Minimum aggregate side yard setback: 15 feet.
(f)
Minimum front yard setback: 25 feet.
(g)
Minimum rear yard setback: 25 feet.
(h)
Maximum coverage: 30%.
(i)
Minimum floor area per dwelling unit: 600 square feet.
(j)
Each unit shall be erected and anchored on a permanent masonry foundation with the foundation being totally enclosed around the full perimeter with masonry or other material specifically designed for such use and acceptable to the Planning Commission.
(7)
Multifamily dwellings, including garden apartments, and low-rise apartments.
(a)
Density.
[1]
Maximum permitted gross density for multifamily residential uses in this district shall be established through density factors, which are based upon the likely impact of each dwelling unit size.
[2]
Density factors shall be assigned to each dwelling unit by type in accordance with the following table:
Multifamily Type | Density Factor (points) | |
|---|---|---|
Efficiency unit | 3 | |
One-bedroom unit | 3 | |
Two-bedroom unit | 4 | |
Three-bedroom unit | 5 | |
Four-bedroom unit | 7 | |
More than four-bedroom unit | 10 |
[3]
At no time shall the sum of the density factors for any multifamily development exceed 54 points per acre.
(b)
Minimum lot width: 100 feet.
(c)
Minimum front yard setback: 30 feet.
(d)
Minimum side yard setback: 25 feet.
(e)
Minimum rear yard setback: 30 feet.
(f)
Maximum coverage: 65%.
(g)
Maximum height: four stories or 45 feet, whichever is the lesser.
(8)
Business office uses, clinics as a principal use:
J.
Special regulations for mobile home parks.
(1)
(2)
Landscaping. Mobile home parks shall be attractively and suitably landscaped. Development plans shall include provisions for screening along all property lines, including public rights-of-way. Such screening shall be a minimum of three feet in height when placed and shall be of a type to reach a minimum of five feet in three years.
(3)
Plan requirements. All proposals for a mobile home park, whether new or an expansion of existing parks, shall be required to submit a proposed site development plan for the entire site for review and recommendation by the Borough Planning Commission and approval by the Borough Council. The plan shall include at least the following information:
(a)
Plot plan of the entire property.
(b)
Proposed street layout, including pavement and right-of-way widths.
(c)
Proposed locations of utilities, drainage easements, storm sewers, sanitary sewers, water, etc.
(d)
Proposed lot layout, including required setback lines for each mobile home.
(e)
Any proposed buildings, their location and use.
(f)
Typical street cross section showing proposed construction and grading.
(g)
Proposed location of parking areas and/or individual spaces.
§ 330-17 R-3 High Density Residential District.
A.
Purpose:
(1)
To provide for the orderly development of existing and proposed high-density residential areas where adequate public services and circulation facilities are available.
(2)
To provide for areas of multifamily dwellings through the conditional use, thus insuring their proper location and development in accordance with the provisions of this chapter.
(3)
To exclude those uses not compatible with such development.
B.
Permitted uses:
(1)
Single-family detached dwellings.
(2)
Single-family semidetached dwellings.
(3)
Two-family detached dwellings.
(4)
Two-family semidetached dwellings.
(5)
Private swimming pools.
(6)
Accessory buildings and uses customarily incidental to the above uses.
(7)
Modular homes.
[Added 4-2-2007 by Ord. No. 1080]
D.
Special exception uses: (See § 330-60.)
(1)
Boardinghouses and lodging houses, provided that not more than four rooms of a residence are used for such purpose.
(2)
Business office buildings to be used only for the administrative functions of companies, corporations, social or philanthropic organizations or societies and offices of accountants, architects, brokers, engineers, lawyers and similar professions.
(3)
Neighborhood commercial uses, provided that such uses are confined to the first floor or part of the first floor of a building and are designed to serve primarily persons residing in the immediate area and within walking distance of the commercial use.
(4)
Home occupations, provided that no facade shall indicate from the exterior that the building is being utilized for any purpose other than that which is permitted by right in this article.
(5)
Conversion of existing buildings to any of the permitted uses, provided all regulations pertaining to the new uses are met.
(6)
Professional offices.
(7)
Treatment centers.
[Added 4-2-2007 by Ord. No. 1080]
(8)
Transitional congregate housing facilities.
[Added 4-2-2007 by Ord. No. 1080]
G.
Height regulations. The height of a building shall not be greater than 10 stories, nor higher than 115 feet.
H.
Area and bulk regulations:
(1)
Single-family detached dwelling:
(a)
Minimum lot size: 4,000 square feet.
(b)
Minimum lot width: 50 feet.
(c)
Minimum any one side yard setback: five feet.
(d)
Minimum aggregate side yard setback: 10 feet.
(e)
Minimum front yard setback: 20 feet.
(f)
Minimum rear yard setback: 20 feet.
(g)
Maximum coverage: 45%.
(h)
Minimum floor area per dwelling unit: 800 square feet.
(2)
Single-family semidetached dwelling:
(a)
Minimum lot size per unit: 4,000 square feet.
(b)
Minimum lot width per double structure: 60 feet.
(c)
Minimum any one side yard setback: five feet.
(d)
Minimum aggregate side yard setback: 10 feet.
(e)
Minimum front yard setback: 10 feet.
(f)
Minimum rear yard setback: 20 feet.
(g)
Maximum coverage: 50%.
(h)
Minimum floor area per dwelling unit: 625 square feet.
(3)
Two-family detached dwelling:
(a)
Minimum lot size per dwelling unit: 3,500 square feet.
(b)
Minimum lot width: 50 feet.
(c)
Minimum any one side yard setback: 10 feet.
(d)
Minimum aggregate side yard setback: 20 feet.
(e)
Minimum front yard setback: 10 feet.
(f)
Minimum rear yard setback: 20 feet.
(g)
Maximum coverage: 45%.
(h)
Minimum floor area per dwelling unit: 700 square feet.
(4)
Two-family semidetached dwelling:
(a)
Minimum lot size per unit: 2,500 square feet.
(b)
Minimum lot width: 80 feet.
(c)
Minimum any one side yard setback: 10 feet.
(d)
Minimum aggregate side yard setback: 20 feet.
(e)
Minimum front yard setback: 10 feet.
(f)
Minimum rear yard setback: 20 feet.
(g)
Maximum coverage: 50%.
(h)
Minimum floor area per dwelling unit: 625 square feet.
(5)
Townhouse dwelling:
(a)
Maximum density: 14 dwelling units per acre.
(b)
Minimum lot width per interior structure: 16 feet.
(c)
Minimum lot depth: 80 feet.
(d)
Minimum end-of-row side yard setback: 20 feet.
(e)
Minimum front yard setback: 10 feet.
(f)
Minimum rear yard setback: 20 feet.
(g)
Maximum coverage: 50%.
(h)
Minimum floor area per dwelling unit: 625 square feet.
(6)
Multifamily dwellings, including garden apartments, and high-rise apartments.
(a)
Density.
[1]
Maximum permitted gross density for multifamily residential uses in this district shall be established through density factors, which are based upon the likely impact of each dwelling unit size.
[2]
Density factors shall be assigned each dwelling unit by unit type in accordance with the following table:
Multifamily Type | Density Factors (points) | |
|---|---|---|
Efficiency unit | 1 | |
One-bedroom unit | 2 | |
Two-bedroom unit | 3 | |
Three-bedroom unit | 4 | |
Four-bedroom unit | 6 | |
More than four-bedroom unit | 8 |
[3]
At no time shall the sum of the density factors for any multifamily development exceed 100 points per acre.
(b)
Minimum lot width: 100 feet.
(c)
Minimum front yard setback: 25 feet.
(d)
Minimum side yard setback: 25 feet.
(e)
Minimum rear yard setback: 30 feet.
(f)
Maximum coverage: 65%.
(g)
Maximum height: 10 stories or 115 feet, whichever is the lesser.
(7)
Business office uses, clinics as a principal use:
§ 330-18 C-1 General Commercial District.
A.
Purpose:
(1)
To provide for areas of commercial activity which requires large-scale parking facilities or has a high traffic impact.
(2)
To provide additional areas for multifamily dwelling units.
(3)
To provide additional areas for neighborhood and other types of commercial uses.
(4)
To exclude uses not compatible with the above objectives.
B.
Review procedures.
(1)
A development plan shall be prepared and submitted to the municipality showing the overall development scheme, including location, proposed site layout, existing zoning, parking facilities, all adjacent highways, streets, and alleys with traffic flow patterns, and a list of the kind of establishments to be located on the site and their floor areas; also, preliminary architectural sketches, elevations, and engineering plans showing proposed methods of water runoff control.
(2)
When a particular development is classified as a subdivision or land development, approval of issuance of a building permit(s) will be granted only conditionally upon submission and approval of preliminary and final plans under the Borough Subdivision and Land Development Ordinance.
C.
Permitted uses:
(1)
Business or professional office, bank, savings-and-loan association or other financial institutions, passenger station for public transportation.
(2)
Retail establishment for sale of dry goods, drugs, food, jewelry, variety and general merchandise, hardware, household furnishings and supplies, instruments, electronic appliances, including repair service, and job printing.
(3)
Restaurant, tearoom, cafe, confectionery, or other place serving food or beverages.
(4)
Automobile court or motel, indoor theatre, bowling lanes or other similar place of indoor recreation.
(5)
Sale of new automobile and farm implements, including repairs, used car and used implement sales only as accessory to new sales, gasoline filling station, storage garage, public garage, car wash.
(6)
Personal service shop, including barber, beauty salon, shoe repair, tailor, dressmaking, pickup station for laundry and dry cleaning.
(7)
Automatic self-service laundry and dry cleaning with proper approval of waste disposal by health authority having jurisdiction.
(8)
Frozen food lockers.
(9)
Offices or office building for administrative, executive, and professional activity and similar activities involving the performance or rendering of professional services, such as financial institutions, mortician, the sale of real estate and business office, including the showing of samples, sale, promotion and demonstration of equipment, and merchandise can be warehoused on the premises for sale, exchange or delivery thereon.
(10)
Restaurant; provided, however, that any professional or business establishment may include private cafeteria or lunchroom facilities for the exclusive use of its employees as an accessory use.
(11)
Living quarters for a proprietor, building manager, caretaker or watchman, if employed on the premises, as an accessory use within a principal building.
(12)
Retail establishment for the sale of plumbing and heating equipment and supplies, lumberyard, including the customary storage and work yards incidental thereto when screened by a fence, wall or planting screen.
(13)
Schools for music, dance, business, etc.
(14)
Warehouse.
(15)
Research and development industries.
(16)
Multifamily dwellings, including mid-rise apartments.
(17)
Multifamily dwellings combined with a neighborhood-commercial-type establishment.
(18)
Nursing homes, sanitariums and hospitals.
(19)
Appropriate public uses and essential services.
(20)
Transitional congregate housing facility.
[Added 4-2-2007 by Ord. No. 1080]
(21)
Medical office or clinic.
[Added 4-2-2007 by Ord. No. 1080]
(22)
Treatment center.
[Added 4-2-2007 by Ord. No. 1080]
E.
Area and bulk regulations for commercial uses.
(1)
Impervious coverage. No lot shall be covered by more than 80% with impervious surface, including but not limited to principal and accessory buildings, driveways, and walkways and parking areas.
(2)
Building coverage. No lot shall be covered by more than 50% by buildings.
(3)
Minimum front yard. There shall be a front yard on each lot, the depth of which shall be not less than 25 feet, inclusive of parking space.
(4)
Minimum side yard. There shall be two side yards of a minimum of 15 feet per side, except, when a mutual agreement is subscribed to by the adjoining property owners, no side yard shall be required where two or more commercial uses adjoin side by side; however, in no case shall common walls be permitted between properties of separate ownership. In the case of such a series of adjoining structures on lots of single and separate ownership abutting and paralleling a public right-of-way, an unobstructed passage of at least 20 feet in width shall be provided at grade level at intervals of not more than 400 feet apart.
(5)
Minimum rear yard. There shall be a rear yard of not less than 20 feet.
(6)
Height: three stories or 40 feet maximum, whichever is the lesser.
F.
Area and bulk regulations for multifamily dwelling. Multifamily dwellings, except high-rise apartments, shall conform to the regulations in the High Density Residential District.
H.
Outdoor display of merchandise. The neat and orderly outdoor display of merchandise may be permitted in reasonable amounts, provided that such display does not interfere with the safe and efficient flow of pedestrian or vehicular traffic.
I.
Landscaping. Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks, and designated storage areas shall be provided with an all-season ground cover and shall be landscaped with small trees and shrubs in accordance with an overall landscape plan. To facilitate the processing of plot plans, a plant schedule should be prepared giving the botanical and common names of the plants to be used, the sizes to be planted, and the quantity and spacing of each.
J.
Screening and special design requirements.
(2)
Along each side or rear property line which directly abuts an R-1, R-2, or R-3 District boundary line or residential property, the required yard shall be used as a buffer area on which shall be placed hedge, evergreens or other suitable plantings sufficient to constitute an effective screen.
§ 330-19 CBD Central Business District.
A.
Purpose:
(1)
To provide and require a unified and organized arrangement of buildings, service and parking areas, together with adequate circulation and open space, all planned and designed as an integrated unit, in a manner so as to provide an efficient, safe, convenient, and attractive shopping area.
(2)
To encourage the preservation and revitalization of the Central Business District.
(3)
To provide for the orderly development, expansion and improvement of the Central Business District.
(4)
To provide an area for combined residential and commercial uses.
(5)
To exclude uses not compatible with the above objectives.
B.
Review procedures.
(1)
In order to assure the satisfactory development of the Central Business District, it shall be required that development plans be submitted to the municipality under the procedures established in this chapter for a conditional use.[1]
(2)
A development plan shall be prepared and submitted to the municipality showing the overall development scheme, including location, proposed site layout, existing zoning, parking facilities, all adjacent highways, streets, and alleys with traffic flow patterns, and a list of the kind of establishment(s) to be located on the site and the floor area(s) and preliminary architectural sketches.
C.
Permitted uses:
(1)
Business or professional office, bank, savings-and-loan association or other financial institution, passenger station for public transportation.
(2)
Retail establishment for sale of dry goods, drugs, food, jewelry, variety and general merchandise, hardware, household furnishings and supplies, instruments, electronic appliances, including repair service, job printing, and department stores.
(3)
Restaurant, tearoom, cafe, confectionery or other place serving food or beverages, provided that no outdoor counter or curb service shall be permitted.
(4)
Indoor theatre, bowling lanes or other similar place of indoor recreation.
(5)
Personal service shop, including barber, beauty salon, shoe repair, tailor, dressmaking, pickup station for laundry and dry cleaning.
(6)
Offices or office building for administrative, executive and professional activity and similar activities involving the performance or rendering of professional services, such as financial institution, mortician, the sale of real estate and business office, including the showing of samples, sale, promotion and demonstration of equipment; provided, however, that no merchandise shall be warehoused on the premises, except for sale, exchange or delivery thereon, and further provided that nothing herein preclude sale or manufacturer's representatives from arranging for the sale of merchandise manufactured, fabricated or warehoused at, or delivered to, locations outside of the Central Business District.
(7)
Automatic self-service laundry and dry-cleaning establishment with certificates of approval by the public health agency having jurisdiction with regard to waste disposal, and by the Fire Marshal with regard to compliance with all safety regulations.
(8)
Any use which is similar to the above and which is not primarily a highway-type commercial establishment. This shall be handled as a special exception by the Zoning Hearing Board under the provisions of § 330-60.
(9)
Appropriate public uses and essential services.
(10)
Multifamily units on the second or third floors over a permitted business establishment.
D.
Area and bulk regulations.
(1)
Impervious coverage. No limitation shall be placed on impervious surfaces.
(2)
Building coverage. No lot shall be covered by more than 90% by buildings.
(3)
Minimum front yard: none required.
(4)
Minimum side yard: none required.
(5)
Minimum rear yard. There shall be a rear yard of not less than 20 feet.
(6)
Height: 10 stories or 120 feet maximum.
E.
Outdoor display of merchandise. The neat and orderly outdoor display of merchandise may be permitted in reasonable amounts, provided that such display does not interfere with the safe and efficient flow of pedestrian traffic.
§ 330-20 I-1 General Industrial District.
A.
Purpose. The purpose of the I-1 Industrial District is to provide sufficient space, in appropriate locations, to meet the current and anticipated future needs for a wide range of industrial activity. It is further intended that approved industrial operations will be compatible with adjacent uses.
B.
Permitted uses:
(1)
Industrial and manufacturing activities.
(2)
Warehouse and distribution centers.
(3)
Truck and bus terminals and related facilities.
(4)
Accessways to adjacent properties.
(5)
Repair and maintenance facilities.
(6)
Parking facilities.
(7)
Any facilities required by federal, state or local pollution control authorities.
(8)
Accessory buildings and uses customarily incidental to the above uses.
(9)
Accessways to adjacent properties.
(10)
Junkyards.
[Added 4-2-2007 by Ord. No. 1080]
(11)
Treatment centers.
[Added 4-2-2007 by Ord. No. 1080]
(12)
Transitional congregate housing facilities.
[Added 4-2-2007 by Ord. No. 1080]
C.
Conditional uses:
(1)
Disposal and waste storage areas incidental to the operation of industrial activities, provided evergreen tree screening which attains a minimum height of five feet in three years is installed.
(2)
Landfills incidental to the operation of industrial activities if screening is provided and the applicable regulations of the Department of Environmental Protection are met.
(3)
Public uses and essential services deemed appropriate.
(5)
Treatment centers.
[Added 4-2-2007 by Ord. No. 1080]
§ 330-21 OS Open Space District.
A.
Purpose. The purpose of the OS Open Space District is to provide for the preservation and conservation of the natural environmental and natural resources and areas of particular value for recreational purposes while providing for such uses and development as are compatible with these objectives.
B.
Conditional uses. A lot or parcel may be used and a building or structure may be erected and used for any of the following purposes:
(1)
Public and private parks and recreation areas, golf courses, country clubs, and swimming pools.
(2)
Horticultural uses related to the raising, propagating, and selling of trees, shrubs, flowers, and other vegetative material.
(3)
Yard areas.
(4)
Conservation uses such as preservation of natural vegetation and excessive slope areas exceeding twenty-five-percent slope conditions.
(5)
Accessory buildings and nonresidential structures customarily incidental to the above uses.
C.
Special exception uses: appropriate public uses and essential services.
§ 330-22 FP Floodplain District.
A.
Purpose and policy. Portions of the Borough of Mount Union are subject to flooding resulting in danger to life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. The Federal Insurance Administration has declared the Borough eligible for federally assisted flood insurance, which insurance will mitigate the effects of damages from such natural disasters as hurricanes and severe storms and their attendant flooding. This district is to insure the continued availability of said flood insurance; to comply with federally imposed requirements; and to protect the public health, safety and general welfare by minimizing flood losses in the affected areas of the Borough.
B. BASE FLOOD ELEVATION COMPLETELY DRY SPACE DEVELOPMENT ESSENTIALLY DRY SPACE FLOOD or FLOODING FLOODPROOFING(1) (2) FLOODWAY RESIDENTIAL SUBSTANTIAL IMPROVEMENT WATER SURFACE ELEVATION ZONE DESIGNATION(1) (2)
Special definitions. For the purpose of this district, the following definitions shall apply:
The expected whole foot water surface elevation of the base one-hundred-year flood.
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor. (Reference is made to the Flood-Proofing Regulations, Office of the Chief of Engineers, United States Army, EP 1165-2-314.)
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision of land.
A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water. (Reference is made to the Flood-Proofing Regulations, Office of the Chief of Engineers, United States Army, EP 1165-2-314.)
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers, other inland waters or from the unusual and rapid accumulation of runoff of surface water from any source.
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
Where floodproofing is required, a registered professional engineer or architect shall certify that the floodproofing methods are reasonably adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the one-hundred-year flood, and the Zoning Officer shall maintain in his office a record of such certifications.
The channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
The term "residential" or "residence" is applied herein to any lot, plot, parcel, tract, area or piece of land or any building used exclusively for family dwelling purposes or intended to be so used.
Any repair, reconstruction, or improvement of structure, the cost of which equals or exceeds 50% of the market value of a structure either before the improvement is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
The heights in relation to the National Geodetic Vertical Datum of 1929 expected to be reached by floods of various magnitudes and frequencies at pertinent points in the floodplains of riverine areas.
For the purposes of this chapter, the areas considered to be flood-prone within the Borough shall be those areas identified as being subject to the one-hundred-year flood in the Flood Insurance Study prepared for the Borough of Mount Union by the Federal Insurance Administration dated January 17, 1977.
For the purposes of this chapter, the following nomenclature is used in referring to the various kinds of flood-prone areas:
C.
Development in any zone.
(1)
Zoning and building permits shall be required for all proposed construction or other improvements or development, including mobile homes within said zones.
(2)
All zoning and building permit applications shall include all necessary permits required from federal and state agencies.
(3)
Zoning and building permit applications for new construction or substantial improvements, including mobile homes, within the floodplain zones shall include adequate design to assure that the proposed construction is protected against flood damage, is designed or modified and anchored to prevent flotation, collapse or lateral movement of the structure, uses construction materials and utility equipment that are resistant to flood damage, and also uses construction methods and practices that will minimize flood damage.
(4)
Certification shall be provided by a registered professional engineer or architect, which states that the proposed construction has been adequately designed to withstand the one-hundred-year-flood elevation, pressures, velocities, impact, and uplift forces and other hydrostatic, hydrodynamic and buoyancy factors associated with the one-hundred-year flood.
(5)
Subdivision proposals and other proposed new development shall be designed to assure that all such proposals are consistent with the need to minimize flood damage, all public and private utilities and facilities, such as sewer, gas, electric, and water systems are located, elevated, or constructed to minimize or eliminate flood damage, and adequate drainage is provided so as to reduce exposure to flood hazards.
(6)
New or replacement public and private water supply systems and treatment plants and sanitary sewage plants and systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and plants and discharge from the systems and plants into floodwaters shall be required, as well as on-site wastewater disposal systems to be located so as to avoid impairment of them or contamination from them during flooding periods.
(7)
All proposals for subdivisions of greater than 50 lots or five acres, whichever is the lesser, shall include base flood elevation data on all lots proposed in the subdivision.
(8)
No permit shall be issued that will result in development, such as fill, new construction, and substantial improvements, in the floodway, as described in the Flood Insurance Study prepared for the Borough by the Federal Insurance Administration, and which is incorporated herein by reference, except where the effect of such proposed activity on flood heights is fully offset by accompanying improvements.
(9)
All new or replacement public and private utility and facility systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems.
D.
New improvements or development within any flood-prone area.
(1)
Residential structures. All new construction shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation in relation to the National Geodetic Vertical Datum of 1929.
(2)
Nonresidential structures. All new construction shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation in relation to the National Geodetic Vertical Datum of 1929 or be designed so that, below the aforementioned elevation, the structure, together with attendant utility and sanitary facilities, is completely dry or essentially dry as defined herein.
E.
Special requirements for mobile homes.
(1)
All mobile homes and any additions thereto shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors in accordance with the American National Standards Institute and National Fire Protection Association Standards as specified in the Standard for the Installation of Mobile Homes including Mobile Home Park Requirements [NFPA No. 501A-1974 (ANSI AII9.3-1975)], as amended, for mobile homes in hurricane zones or other appropriate standards such as the following:
(a)
Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations for units 50 feet or more in length, and one additional tie per side for units less than 50 feet in length.
(b)
Frame ties shall be provided at each corner of the mobile home, with five additional ties per side at intermediate locations for units 50 feet or more in length, and four additional ties per side for units less than 50 feet in length.
(c)
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
(2)
All mobile homes and any additions thereto shall also be elevated in accordance with the following requirements:
(a)
The stands or lots shall be elevated on compacted fill or on pilings so that the lowest floor of the mobile home shall be at least one foot above the base flood elevation.
(b)
Adequate surface drainage is provided.
(c)
Adequate access for a hauler is provided.
(d)
Where pilings are used for elevation, the lots shall be large enough to permit steps; piling foundations shall be placed in stable soil no more than 10 feet apart; reinforcement shall be provided for pilings that will extend for six feet or more above the ground level.
(3)
An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the appropriate Borough officials for mobile home parks where appropriate.
(4)
No mobile homes shall be placed in any designated floodway area.
F.
Prohibited acts and uses in floodway. No person shall hereafter engage in, cause or permit other persons to engage in prohibited uses within a delineated floodway. The following uses shall be prohibited:
(1)
Placing, depositing, or dumping any solid waste, garbage, refuse, trash, rubbish, debris;
(2)
Dumping or discharging untreated domestic sewage or industrial wastes, either solid or liquid;
(3)
The storage or disposal of pesticides;
(4)
The storage or processing of materials that are, in times of flooding, buoyant, flammable, or explosive;
(5)
The storage or processing of hazardous materials that could be injurious, in times of flooding, to human, animal, or plant life; and
(6)
The erection of structures for human occupation.
G.
Watercourse alterations.
(1)
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified and until all required permits or approvals have been first obtained from the commonwealth.
(2)
The Federal Insurance Administration and Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified prior to any alteration or relocation of any watercourse.
H.
Controlling maps and data. The controlling map for the purposes of administering these regulations shall be the Zoning Map,[1] based upon the Flood Insurance Study prepared for the Borough by FIA. The areas considered to be flood-prone may be revised or modified by the Borough Council where studies and information provided by a qualified agency or person documents the need or possibility of such revision. No modification or revision of any area identified as being flood-prone in the Flood Insurance Study mentioned above shall be made without prior approval from the Federal Insurance Administration.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
I.
Variances applicable to Floodplain District.
(1)
If compliance with the elevation or floodproofing requirements of these regulations would result in an exceptional hardship for a prospective builder, developer, or landowner, the Borough may, upon request, grant relief from the strict application of the requirement.
(2)
Requests for variances shall be considered by the Board in accordance with the following procedures:
(a)
No variance shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the one-hundred-year-flood elevation.
(b)
If granted, a variance shall involve only the least modification necessary to provide relief.
(c)
In granting any variance, the Borough may attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare and to achieve the objectives of these regulations.
(e)
In reviewing any request for a variance, the Board shall consider, but not be limited to, the following:
[1]
That there is good and sufficient cause.
[2]
That failure to grant the variance would result in exceptional hardship to the applicant.
[3]
That the granting of the variance will not result in unacceptable or prohibited increase in flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on, or victimization of the public, or conflict with any other applicable local or state ordinances and regulations.
(f)
A complete record of all variance requests and related actions shall be maintained by the Board. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.
(3)
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the hydrostatic and hydrodynamic loads and pressures, effects of buoyancy, and other forces associated with the one-hundred-year flood.
J.
Warning and disclaimer of liability. The degree of flood protection required herein is considered reasonable for regular purposes and is based on scientific studies. Larger floods may occur. This chapter shall not be deemed to imply that areas inside or outside designated flood hazard zones will be entirely free from flooding or flood damages and shall not create liability on the part of the Borough or any officer or employee for any administrative decision lawfully made thereunder.