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Myersville City Zoning Code

ARTICLE XIV

Specific Standards for Special Exception Uses

§ 165-91 Cemeteries.

[Amended 3-12-2002 by Ord. No. 2002-8]
In OS, R1-SG, VC, and R-1 Districts, and subject to the requirements of the district in which located except as herein provided, the following regulations shall apply to cemeteries:
A. 
All structures and burial areas must be located at least 50 feet from a property or street line.
B. 
The cemetery shall not have access on a local access road and street or secondary collector street as those terms are defined in § 1-16 of this Code.
[Amended 1-30-2006 by Ord. No. 2005-10]

§ 165-92 Clothing manufacturing.

[Amended 3-12-2002 by Ord. No. 2002-8; 10-11-2005]
In GC and VC Districts and subject to the requirements of the district except as herein provided, the following regulations shall apply to clothing manufacturing:
A. 
Lot size: two acres, minimum.
B. 
Lot width: 200 feet, minimum.
C. 
All buildings must be set back at least 50 feet from front and rear property lines and 25 feet from the side property lines.
D. 
When adjacent to an R-1, R1-SG or R-2 District, a substantial, sightly, solid fence or dense screen planting, as approved by the Planning Commission, shall be provided in addition to a buffer yard of 50 feet in depth. Said buffer yard shall not be used for parking, loading, storage or building purposes and shall be naturally landscaped and have no impervious cover.
[Amended 4-11-2017 by Ord. No. 2017-04]
E. 
The use shall not have access on a local access road and street or secondary collector street as those terms are defined in § 1-16 of this Code.
[Amended 1-30-2006 by Ord. No. 2005-10]

§ 165-93 Clubrooms, club grounds and meeting halls.

In OS and R-2 Districts and subject to the requirements of the district in which located except as herein provided, the following regulations shall apply to clubrooms, club grounds and meeting halls:
A. 
Lot area: 20,000 square feet, minimum.
B. 
Lot width: 150 feet, minimum.
C. 
Yards, minimum for each yard:
(1) 
Front: 50 feet.
(2) 
Side: 25 feet.
(3) 
Rear: 50 feet.
D. 
Building coverage: 15%, maximum.
E. 
The use shall not have access on a local access road and street or secondary collector street as those terms are defined in § 1-16 of this Code.
[Amended 1-30-2006 by Ord. No. 2005-10]

§ 165-94 Contract construction services.

[Amended 10-11-2005]
In GC and VC Districts and subject to the requirements of the district except as herein provided, the following regulations shall apply to contract construction services:
A. 
Lot area: 20,000 square feet, minimum.
B. 
Lot width: 150 feet, minimum.
C. 
Yards.
(1) 
Front: 50 feet.
(2) 
Side: 25 feet.
(3) 
Rear: 50 feet.
D. 
When adjacent to an R-1, R1-SG or R-2 District, a dense screen planting or a substantial, sightly, solid fence as approved by the Planning Commission must be provided.
[Amended 4-11-2017 by Ord. No. 2017-04]
E. 
All materials and equipment must be parked or stored within an enclosed building when adjoining an R-1, R1-SG or R-2 District.
[Amended 4-11-2017 by Ord. No. 2017-04]
F. 
The use shall not have access on a local access road and street or secondary collector street as those terms are defined in § 1-16 of this Code.
[Amended 1-30-2006 by Ord. No. 2005-10]

§ 165-95 Convalescent or nursing homes.

[Amended 3-12-2002 by Ord. No. 2002-8; 10-11-2005]
In R-2, GC and VC Districts and subject to the requirements of the district in which located except as herein provided, the following regulations shall apply to convalescent or nursing homes:
A. 
Lot area: 30,000 square feet.
B. 
Maximum density: one bed per 1,500 square feet of lot area in the R-2 District; one bed per 1,000 square feet of lot area in the GC and VC Districts.
C. 
Lot width: 150 feet.
D. 
Yard, minimum for each:
(1) 
Front: 35 feet.
(2) 
Side: 20 feet.
(3) 
Rear: 35 feet.
E. 
Building coverage: 15%, maximum.
F. 
The use shall not have access on a local access road and street or secondary collector street as those terms are defined in § 1-16 of this Code.
[Amended 1-30-2006 by Ord. No. 2005-10]

§ 165-96 Eating and drinking, restaurants.

[Amended 3-12-2002 by Ord. No. 2002-8; 10-11-2005]
In GC and VC Districts and subject to the requirements of the district except as herein provided, the following regulations shall apply to eating and drinking, restaurants:
A. 
All buildings must be set back at least 25 feet from any property line.
[Amended 4-11-2017 by Ord. No. 2017-04]
B. 
When adjacent to an R-1, R1-SG or R-2 District, a dense screen planting or a substantial, sightly, solid fence, as approved by the Planning Commission, must be provided in addition to a buffer yard of 50 feet. Said buffer yard must be naturally landscaped, have no impervious cover and not be used for buildings, parking, loading or storage purposes.
[Amended 4-11-2017 by Ord. No. 2017-04]
C. 
The use shall not have access on a local access road and street or secondary collector street as those terms are defined in § 1-16 of this Code.
[Amended 1-30-2006 by Ord. No. 2005-10]

§ 165-97 Electronic apparatus assembly.

[Amended 10-11-2005]
In GC and VC Districts and subject to the requirements of the district except as herein provided, the following regulations shall apply to electronic apparatus assembly:
A. 
All buildings must be set back at least 50 feet from any property line.
B. 
When adjacent to an R-1, R1-SG or R-2 District, a dense screen planting or a substantial, sightly, solid fence, as approved by the Planning Commission, must be provided in addition to a buffer yard of 50 feet. Said buffer yard must be naturally landscaped, have no impervious cover and not be used for buildings, parking, loading or storage purposes.
[Amended 4-11-2017 by Ord. No. 2017-04]
C. 
The use shall not have access on a local access road and street or secondary collector street as those terms are defined in § 1-16 of this Code.
[Amended 1-30-2006 by Ord. No. 2005-10]

§ 165-98 Gasoline stations.

[Amended 10-11-2005]
In a GC District and subject to the requirements of the district except as herein provided, the following regulations shall apply to gasoline stations:
A. 
Buildings must be set back at least 40 feet from the street line.
B. 
Pumps must be set back at least 20 feet from the street line.
C. 
Access drives must be located as follows:
(1) 
Minimum offset from intersection of street right-of-way lines: 40 feet.
(2) 
Side lot line offset: 10 feet.
(3) 
Minimum width: 12 feet.
(4) 
Maximum width: 35 feet.
(5) 
Minimum separation of drives on same lot: 25 feet.
(6) 
Except along access drives, a concrete curb eight inches in height must be placed along all street right-of-way lines.
D. 
All lights shall be diverted toward the gasoline station or downward on the lot.
E. 
No outdoor stockpiling of tires or outdoor storage of trash is permitted. An area enclosed by a wall or fence, screened from view of adjoining properties, shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.
F. 
At least 10% of the lot on which the gasoline station is situated must be devoted to landscaping.
G. 
When adjacent to an R-1, R1-SG or R-2 District, a substantial, sightly, solid fence or a dense screen planting as approved by the Planning Commission must be provided in addition to a buffer area of at least 50 feet in width, which shall be naturally landscaped, have no impervious cover and not be used for building, parking, loading or storage purposes.
[Amended 4-11-2017 by Ord. No. 2017-04]

§ 165-99 Greenhouses and nurseries.

[Amended 10-11-2005]
In OS and GC Districts and subject to the requirements of the district in which located except as herein provided, the following regulations shall apply to greenhouses and nurseries:
A. 
Lot area: one acre, minimum.
B. 
No part of any buildings thereon shall be less than 35 feet from a lot zoned R-1, R1-SG or R-2.
[Amended 4-11-2017 by Ord. No. 2017-04]
C. 
There shall be no outdoor display of tools and equipment.
D. 
In an OS District, no sale or storage of general hardware, power tools or motorized equipment is permitted.

§ 165-100 Home occupations.

[Amended 3-12-2002 by Ord. No. 2002-8; 1-13-2009 by Ord. No. 2009-01]
In R-1, R-2 and R1-SG Districts and subject to the requirements of the district in which located except as herein provided, the following regulations shall apply to home occupations:
A. 
No person outside the family residing in the dwelling may be employed or engaged in the occupation.
B. 
The character of external appearance of the dwelling unit or accessory structure must be that of a dwelling or its accessory structure. No display or products may be shown so as to be visible from outside the dwelling. A nameplate not larger than two square feet in area is permitted. It must be illuminated only by indirect lighting.
C. 
Not more than 25% of the ground floor area of a dwelling unit may be devoted to a home occupation.
D. 
Besides the required parking for the dwelling unit, additional parking is required as follows:
(1) 
One space for the home occupation and one space for each member of the immediate family employed in the home occupation.
(2) 
Three additional spaces for a physician or dentist.

§ 165-101 Hospitals and institutions.

[Amended 10-11-2005]
In R-2 and GC Districts and subject to the requirements of the district in which located except as herein provided, the following regulations shall apply to hospitals and institutions:
A. 
Lot area: two acres.
B. 
Lot width: 200 feet.
C. 
Yards. No portion of a building shall be within 50 feet of a lot line or street line.
D. 
The required parking shall not be permitted in the front yard area.
E. 
Building coverage: 40% maximum.
F. 
The use shall not have access on a local access road and street or secondary collector street as those terms are defined in § 1-16 of this Code.
[Amended 1-30-2006 by Ord. No. 2005-10]

§ 165-102 Hotels and motels.

[Amended 10-11-2005]
In a GC District and subject to the requirements of that district except as herein provided, the following regulations shall apply to hotels and motels:
A. 
Lot area: two acres, minimum.
B. 
Lot width: 300 feet.
C. 
All buildings must be set back at least 50 feet from the street line and 40 feet from side or rear property lines.
D. 
When adjacent to an R-1, R1-SG or R-2 District, a substantial, sightly, solid fence or screen planting as approved by the Planning Commission must be provided along with a buffer yard of at least 50 feet, which shall have no impervious cover, be naturally landscaped and not be used for storage, building, loading or parking purposes.
[Amended 4-11-2017 by Ord. No. 2017-04]
E. 
The use shall not have access on a local access road and street or secondary collector street as those terms are defined in § 1-16 of this Code.
[Amended 1-30-2006 by Ord. No. 2005-10]

§ 165-103 Lumber and other building materials.

[Amended 10-11-2005]
In a GC District and subject to the requirements of that district except as herein provided, the following regulations shall apply to lumber and building materials:
A. 
Lot area: one acre, minimum.
B. 
Lot width: 150 feet, minimum.
C. 
All buildings must be at least 40 feet from any property line or street line.
D. 
There shall be no outdoor storage of materials in the front yard area.
E. 
The use shall not have access on a local access road and street or secondary collector street as those terms are defined in § 1-16 of this Code.
[Amended 1-30-2006 by Ord. No. 2005-10]
F. 
When adjacent to an R-1, R1-SG or R-2 District, a dense screen planting or substantial, sightly, solid fence as approved by the Planning Commission must be provided, along with a buffer yard of at least 50 feet having no impervious cover, being naturally landscaped and not being used for loading, building, storage or parking purposes.
[Amended 4-11-2017 by Ord. No. 2017-04]

§ 165-104 Nonconforming use expansion.

In any district and subject to the following requirements, the following regulations shall apply to nonconforming use expansion:
A. 
Expansion is limited to the lot that exists at the time of adoption of this chapter, and additional acreage may not be added to enlarge any nonconforming use.
B. 
Provision for access drives, off-street parking and loading shall be consistent with the requirements for the use as provided in this chapter.
C. 
Provisions for yards, building height and building area shall be consistent with the requirements for permitted uses for the district in which the nonconformity is located.
D. 
The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.
E. 
Buffers and screens shall be provided, as determined by the Board of Appeals, to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open space.

§ 165-105 Professional and financial services.

  In an R-2 District and subject to the requirements of that district except as herein provided, the following regulations shall apply to professional and financial services (physician, dentist, architect, engineer, attorney, real estate, insurance agent or similar profession):
A. 
There shall be no exterior evidence, other than a permitted sign not exceeding two square feet, to indicate that the building is being used for any purpose other than that of a dwelling.
B. 
There shall be no show window or display window.
C. 
Only two persons other than the professional may be employed.
D. 
Sufficient off-street parking in the side or rear yard must be provided, with five spaces being the minimum.

§ 165-106 Public buildings and facilities.

[Amended 3-12-2002 by Ord. No. 2002-8; 10-11-2005]
In R-1, R-2 and R1-SG Districts and subject to the requirements of the district in which located except as herein provided, the following regulations shall apply to public buildings and facilities:
A. 
All buildings must be located at least 50 feet from a property line.
B. 
Consideration shall be given to traffic problems. If the nature of the public building or facility is such that it will generate a high volume of vehicular traffic or involve truck traffic, then the use shall not have access on a local access road and street or secondary collector street as those terms are defined in § 1-16 of this Code.
[Amended 1-30-2006 by Ord. No. 2005-10]

§ 165-107 Public utility buildings.

[Amended 3-12-2002 by Ord. No. 2002-8; 10-11-2005]
In OS, R-2, GC and VC Districts and subject to the requirements of the district in which located except as herein provided, the following regulations shall apply to public utility buildings:
A. 
Side setback: as stated in the applicable zone but in no case less than 30 feet.
B. 
Unhoused equipment shall be enclosed with fence or wall not less than six feet in height, which shall be so constructed as not to have openings, holes or gaps larger than six inches in any dimension.
C. 
Housed equipment. When the equipment is totally enclosed within a building, no fence or screen planting shall be required and the yard shall be maintained in conformity with the district in which the facility is located.
D. 
Screen planting. The required fence for unhoused equipment shall be surrounded by evergreen plantings.

§ 165-108 Research laboratories.

[Amended 3-12-2002 by Ord. No. 2002-8; 10-11-2005]
In GC and VC Districts and subject to the requirements of the district except as herein provided, the following regulations shall apply to research laboratories:
A. 
Lot area: one acre, minimum.
B. 
Lot width: 150 feet, minimum.
C. 
All buildings must be set back at least 50 feet from a property or street line.
D. 
When adjacent to an R-1, R1-SG or R-2 District, a dense screen planting or a substantial, sightly, solid fence as approved by the Planning Commission must be provided in addition to a buffer yard of 50 feet, which shall be naturally landscaped, have no impervious cover and shall not be used for parking, loading, storage or building purposes.
[Amended 4-11-2017 by Ord. No. 2017-04]
E. 
The use shall not have access on a local access road and street or secondary collector street as those terms are defined in § 1-16 of this Code.
[Amended 1-30-2006 by Ord. No. 2005-10]

§ 165-109 Residential conversions.

[Amended 3-12-2002 by Ord. No. 2002-8; 10-11-2005; 4-11-2017 by Ord. No. 2017-04]
In the GC District and subject to the requirements of the GC District, except as herein modified and provided, the following regulations shall apply to residential uses within the GC District:
A. 
Residential uses within the GC District must be in conjunction with a commercial use (e.g., caretaker dwelling, etc.) or located within a building that is used principally for a commercial use.
B. 
The use must comply with the parking requirements of this chapter.

§ 165-110 Rooming houses.

[Amended 3-12-2002 by Ord. No. 2002-8; 10-11-2005]
In R-2, GC and VC Districts and subject to the requirements of the district in which located except as herein provided, the following regulations shall apply to rooming houses:
A. 
Lot area. There shall be at least 3,000 square feet of lot area for each dwelling unit or guest room.
B. 
Lot width. There shall be a minimum lot width of at least 150 feet.
C. 
The maximum number of guests permitted shall be nine.

§ 165-111 Two-family dwellings.

[Amended 3-12-2002 by Ord. No. 2002-8]
In R-1 and R1-SG Districts and subject to the requirements of the district except as herein provided, the following regulations shall apply to two-family dwellings:
A. 
Lot area. No two-family dwelling shall be located on a lot containing less than 20,000 square feet per family.
B. 
Lot width. Each lot shall have a minimum width of at least 100 feet.
C. 
Density. The maximum density shall be 2.0 dwelling units per gross acre in the tract.
D. 
Distance between buildings. Where two or more two-family dwellings are located on a single lot or parcel, the minimum distance between principal buildings shall be 50 feet.
E. 
Side yard. Any side yard must be at least 20 feet.

§ 165-112 Shopping centers.

[Amended 3-12-2002 by Ord. No. 2002-8; 10-11-2005]
In GC and VC Districts and subject to the requirements of the district except as herein provided, the following regulations shall apply to shopping centers:
A. 
Lot area: three acres, minimum.
B. 
Lot width: 200 feet, minimum.
C. 
All buildings must be set back at least 50 feet from any property line and 100 feet from a street line.
D. 
Parking must be provided at the minimum ratio of parking space area to gross floor area of 1.5 to one.
E. 
The use shall not have access on a local access road and street or secondary collector street as those terms are defined in § 1-16 of this Code.
[Amended 1-30-2006 by Ord. No. 2005-10]
F. 
A buffer yard 100 feet wide must be provided on the site in all instances where the site adjoins an R-1, R1-SG or R-2 District. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage purposes.
[Amended 4-11-2017 by Ord. No. 2017-04]
G. 
Where the site adjoins an R-1, R1-SG or R-2 District, the Board may require screen planting to screen the buildings from residential uses.
[Amended 4-11-2017 by Ord. No. 2017-04]
H. 
Uses: any commercial use permitted by right or special exception in the GC and VC Districts.
[Amended 10-11-2005]

§ 165-113 Vehicle repair and service.

[Amended 10-11-2005]
In a GC District and subject to the requirements of that district except as herein provided, the following regulations shall apply to vehicle repair and service:
A. 
All buildings must be set back at least 40 feet from a property or street line.
B. 
All repairs must be conducted entirely within an enclosed building.
C. 
Vehicle parking or storage shall not be permitted in any yard area adjacent to an R-1, R1-SG or R-2 District.
[Amended 4-11-2017 by Ord. No. 2017-04]
D. 
Screening as approved by the Planning Commission shall be required along all R-1, R1-SG or R-2 District boundaries.
[Amended 4-11-2017 by Ord. No. 2017-04]
E. 
The use shall not have access on a local access road and street or secondary collector street as those terms are defined in § 1-16 of this Code.
[Amended 1-30-2006 by Ord. No. 2005-10]

§ 165-114 Vehicle sales.

[Amended 10-11-2005]
In a GC District and subject to the requirements of that district except as herein provided, the following regulations shall apply to vehicle sales:
A. 
All buildings must be set back at least 40 feet from a property or street line.
B. 
Where the site adjoins an R-1, R1-SG or R-2 District, a dense screen planting or a substantial, sightly, solid fence as approved by the Planning Commission must be provided in addition to a buffer yard of at least 50 feet, which shall be naturally landscaped, have no impervious cover and not be used for parking, storage, building, or loading purposes.
[Amended 4-11-2017 by Ord. No. 2017-04]
C. 
Vehicles shall be stored or parked only within a bituminous concrete or concrete surfaced area.
D. 
The retail sale of gasoline shall be permitted as an accessory use only in compliance with the specific standards for gasoline stations. The repair of vehicles may be permitted as an accessory use only when conducted entirely within an enclosed building.
E. 
The use shall not have access on a local access road and street or secondary collector street as those terms are defined in § 1-16 of this Code.
[Amended 1-30-2006 by Ord. No. 2005-10]

§ 165-115 Veterinary clinics and animal kennels.

[Amended 10-11-2005]
In a GC District and subject to the requirements of that district except as herein provided, the following regulations shall apply to veterinary clinics and animal kennels:
A. 
All buildings must be set back at least 40 feet from any street or property line.
B. 
All activities associated with the use, including runs, etc., must be located entirely within the building.
C. 
The use shall not have access on a local access road and street or secondary collector street as those terms are defined in § 1-16 of this Code.
[Amended 1-30-2006 by Ord. No. 2005-10]

§ 165-116 Warehousing and storage services.

[Amended 10-11-2005]
In a GC District and subject to the requirements of that district except as herein modified and provided, the following regulations shall apply to warehousing and storage services:
A. 
Lot area: one acre, minimum.
B. 
Lot width: 150 feet, minimum.
C. 
All buildings must be set back at least 40 feet from any property line or street line.
D. 
Where the site adjoins an R-1, R1-SG or R-2 District, a dense screen planting or substantial, sightly, solid fence as approved by the Planning Commission must be provided in addition to a buffer yard of at least 50 feet wide. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage purposes.
[Amended 4-11-2017 by Ord. No. 2017-04]
E. 
There shall be no outdoor storage of materials in the front yard area.
F. 
The use shall not have access on a local access road and street or secondary collector street as those terms are defined in § 1-16 of this Code. Traffic routes and exits shall be far enough from houses so that truck noise and vibration will be minimized.
[Amended 1-30-2006 by Ord. No. 2005-10]

§ 165-116.1 Accessory dwelling units. [1]

[Added 11-14-2023 by Ord. No. 2023-10]
R-1 and R1-SG Districts and subject to the requirements of the district in which located, except as herein provided, the following regulations shall apply to accessory dwelling units:
A. 
The minimum side yard width requirement for the structure is equal to that of a single-family detached dwelling unit within the VC District.
B. 
The minimum rear yard distance requirement for the structure is equal to 1/2 of the minimum rear yard distance requirement for a single-family detached dwelling unit within the VC District.
C. 
The structure does not penetrate the front yard area beyond the front facade of the primary structure.
D. 
The total livable area of the accessory dwelling unit is no greater than 700 square feet, not to include crawl spaces, attics, car ports, and other areas not deemed suitable for human habitation.
E. 
There is no more than one (1) accessory dwelling unit permitted per lot of record.
F. 
A structure not permananetly attached to or contained within the building footprint of the primary residential structure shall not be constructed more than 16 feet in height.
G. 
The structure is constructed in a permanent manner and does not include mobile home units, vehicles, or watercraft or any portions thereof.
H. 
The structure does not directly connect to municipal water or sewer utility mains or trunk lines.
[1]
Editor's Note: Former § 165-116.1, Storage containers, as amended, was repealed 1-11-2022 by Ord. No. 2021-12.

§ 165-116.2 Commercial beekeeping.

[Added 4-10-2012 by Ord. No. 2012-04]
In OS and GC Districts and subject to the requirements of the district in which located, except as herein provided, the following regulations shall apply to commercial beekeeping:
A. 
Lot area: one acre, minimum.
B. 
No hive and no part of any building shall be placed or situated less than 35 feet from the nearest property line which adjoins a residentially zoned lot nor less than 50 feet from the nearest primary structure which is located on an adjacent or adjoining residentially zoned lot.
C. 
There shall be no outdoor display of tools and motorized equipment.
D. 
In an OS District, no sale or storage of general hardware, power tools or motorized equipment is permitted.