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Myerstown City Zoning Code

PART 3

ALLOWED USES IN PRIMARILY RESIDENTIAL DISTRICTS

§ 27-301 Allowed Uses in Primarily Residential Districts.

[Ord. 841, 5/22/2017; as amended by Ord. No. 870, 6/13/2023]
1. 
For the purposes of Parts 3 and 4, the following abbreviations shall have the following meanings:
P
=
Permitted by right use (zoning decision by Zoning Officer)
SE
=
Special exception use (zoning decision by the Zoning Hearing Board)
N
=
Not Permitted
(See 27-602)
=
See Additional Requirements in Section 27-602
(See 27-603)
=
See Additional Requirements in Section 27-603
2. 
Unless otherwise provided by State or Federal law or specifically stated in this Ordinance (including Section 27-206), any land or structure shall only be used or occupied for a use specifically listed in this Part 3 or 4 as being allowed in the Zoning District where the land or structure is located. Such uses shall only be allowed if the use complies with all other requirements of this Ordinance.
USES
ZONING DISTRICTS
(See definitions in Part 15)
CN
LDR
OT
CF
(1) RESIDENTIAL USES
 
 
 
 
Dormitories or other Housing Owned or Operated by a College, University or Seminary and Limited to Occupancy by Students or Staff of the College, University or Seminary (Note: Students and staff may also occupy other allowed housing unit types)
N
N
N
P
Single Family Detached Dwelling (Note - Manufactured/mobile homes shall meet the additional requirements of Sec. 27-602)
N
P
P
P
Single-Family Semi-Detached Dwelling (Side-by-Side Twin)
N
P
P
P
Two-Family Dwelling (Typically One Unit Above Another Unit)
N
N
P
P
Townhouses (Single-Family Attached Dwellings or Rowhouses) (See 27-602)
N
SE
P
P**
Conversion of an Existing One Family Dwelling into Additional Dwelling Units (See 27-602)
N
N
SE*
SE*
Group Home within a lawful existing dwelling unit (See 27-602), not including a Treatment Center
N
P
P
P
Multi-Family (Apartment) Dwellings, other than conversion of an existing one family dwelling into 2 or more dwellings (See 27-602)
N
N
SE
P**
Boarding House (includes Rooming House)
N
N
N
N
(2) COMMERCIAL USES
 
 
 
 
See accessory uses on the next page.
 
 
 
 
Bed and Breakfast Inn (See 27-602)
N
N
SE
SE
Conversion of an Existing Principal Place of Worship, School or Similar Institutional Building or Principal Industrial Building into a Commercial Use and/or Multi-Family Dwellings (See 27-602)
N
N
SE
SE
Short-term rentals
N
N
N
N
Temporary Commercial Uses - See Section 27-1403.7.C.
 
 
 
 
(3) INSTITUTIONAL/SEMI-PUBLIC USES
 
 
 
 
Cemetery (not including Crematorium) (See 27-602)
P
N
N
N
College, University or Seminary - Educational, Recreational, Office, and Support Uses (see residential uses above)
SE
N
SE
P
Community Recreation Center, Cultural Center or Museum
SE
N
SE
P
Day Care Center, Adult (See 27-602)
N
N
N
P
Day Care Center, Child (See 27-602) (See also as accessory use)
N
N
N
P
Membership Club (See 27-602)
N
N
N
P
Nursing Home, Personal Care Home/Assisted Living Facility or Hospice (See 27-602)
N
N
SE
P
Place of Worship (See 27-602) (includes Church)
N
SE
P
P
School, Public or Private, Primary or Secondary (See 27-602)
N
SE
SE
P
Outdoor Recreation, other than Publicly-Owned Recreation Park (See 27-602)
P
N
N
P
* = Limited to a pre-existing building that includes more than 3,000 square feet of heated habitable indoor floor area.
** = Limited to housing that meets the Age-Qualified provisions of Section27-406.
P = Permitted By Right
N = Not Permitted
SE = Permitted By Special Exception (Zoning Hearing Board Approval)
(See 27-602 or 27-603) = See Additional Requirements in Sections27-602 or 27-603
(4) PUBLIC/SEMI-PUBLIC
 
 
 
 
Borough Government Uses
P
P
P
P
Government Facility, other than uses listed separately in Parts 3 or 4
SE
SE
SE
SE
Publicly Owned or Operated Recreation Park
P
P
P
P
Public Utility Facility (See also Part 14) other than uses listed separately in Parts 3 and 4
SE
SE
SE
SE
Swimming Pool, Non-household (Indoor or outdoor) (See 27-602)
P
P
P
P
(5) ACCESSORY USES
 
 
 
 
Communications Antennae meeting Section 27-602.15.A. pertaining to accessory antenna placed on certain existing structures (See 27-602)
P
P
P
P
Day Care Center accessory to and on the same lot as an existing lawful Place of Worship
P
P
P
P
Day Care (See 27-603) as accessory to a dwelling of the following number of persons, in addition to children or grandchildren of the on-site caregiver:
 
 
 
 
- Day care of a maximum of 3 persons
P
P
P
P
- Family Day Care Home (4 to 6 children)
N
N
SE**
P**
- Group Day Care Home (7 to 12 children)
N
N
N
P*
Furnace, Outdoor (See 27-603)
P
P
P
P
Home Occupation, General (See 27-603)
SE
SE
SE
SE
Home Occupation, Low Impact (See 27-603)
P
P
P
P
Unit for Care of Relative (See 27-603)
N
P
P
P
Wind Turbine, maximum of one on a lot that is an accessory use (See 27-603)
SE
SE
SE
SE
(6) MISCELLANEOUS USES
 
 
 
 
Crop Farming, Non-Commercial or Greenhouses or Community Garden
P
P
P
P
Forestry (See 27-602)
P
P
P
P
Nature Preserve or Environmental Education Center
P
P
P
P
Livestock and Poultry, Raising of (See also accessory uses under Pets)
N
N
N
N
Parking Lot as the Principal Use of a Lot, not including a lot that primarily serves commercial trucks
N
N
SE
SE
Solar Energy Collection Systems which may cover areas on top of building roofs and over vehicle parking areas, plus areas equal to a maximum of 20% of the lot area
P
P
P
P
Stable, Non-Household (See 27-602)
SE
N
N
SE
P = Permitted by right use (zoning decision by Zoning Officer)
SE = Special exception use (zoning decision by Zoning Hearing Board)
N = Not permitted
(See 27-602 or 27-603) = See Additional Requirements in Sections 27-602 or 27-603
* Limited to a single family detached dwelling.
** Limited to a single family detached, single family semi-detached or townhouse dwelling.

§ 27-302 Permitted Accessory Uses in All Districts.

[Ord. 841, 5/22/2017]
An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this Ordinance. The following are permitted by right as accessory uses to a lawful principal use in all Districts, within the requirements of Part 6 and all other requirements of this Ordinance:
1. 
Antennae, Standard for television, radio and similar reception (See Section 27-603)
2. 
Fence or Wall (See Section 27-603)
3. 
Garage, Household
4. 
Garage Sale (See Section 27-603)
5. 
Pets, Keeping of, in compliance with Borough Health regulations (See Section 27-603)
6. 
Parking or Loading, Off-Street, only to serve a lawful use on the same lot or a use that is permitted in that District
7. 
Recreational Facilities, limited to use by: residents of a development or students at a primary or secondary school or center for the care and treatment of youth, and their occasional invited guests
8. 
Residential accessory structure (See Section 27-603)
9. 
Signs, as permitted by Part 12
10. 
Swimming Pool, Household (See Section 27-603)
11. 
Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Officer is clearly customary and incidental to a permitted by right, special exception or conditional principal use.