New Castle City Zoning Code
ARTICLE 1331
Supplementary Regulations
§ 1331.01 Legal nonconforming uses.
[Ord. 7903, passed 11-12-2009]
The following provisions shall apply to all legal nonconforming uses and structures:
(a)
Any legal nonconforming use may be continued but may not be extended or expanded or changed unless to a conforming use, except as permitted by the Zoning Hearing Board in accordance with the provisions of this Zoning Ordinance.
(b)
Any nonconforming building may be reconstructed and used as before if such reconstruction is performed within 12 months of discontinuance of use if restored building covers no greater area and contains no greater cubic content. If approved by the Board, a reconstructed structure may exceed its original lot coverage and cubic content but must meet minimum yard requirements of the district in which the structure is located and must meet off-street parking and loading requirements of this Zoning Ordinance.
(c)
In the event that any nonconforming use conducted in a structure or otherwise ceases, for whatever reason, for a period of one year, such nonconforming use shall not be resumed and any future use shall be in conformity with the provisions of this Zoning Ordinance.
(d)
The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this section. A nonconforming building or structure may, with the approval of the Board, be extended, enlarged or replaced but must meet the minimum yard requirements and height regulations of the district in which the structure is located and must meet off-street parking and loading requirements of this Zoning Ordinance.
(e)
If no exterior structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same classification upon the approval of the Zoning Hearing Board. The Board shall determine which zoning district the nonconforming use properly belongs in and then determine if the proposed change of use shall have adverse effect on the immediate area in which the change is proposed. In addition, the Board may require appropriate conditions and safeguards in accordance with the spirit and intent of this Zoning Ordinance. Also, the Board may with the same procedure and conditions as heretofore described, permit a change of nonconforming use to another use of a more restricted zone. A more restrictive zone shall be construed as one which precedes the zoning classification wherein the original nonconforming use is found except that no residential uses shall be permitted in any industrial district.
(f)
Nothing contained herein shall require any change on the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approval and required permits have been granted, or where no approvals are necessary, where construction has been legally started before the enactment of this section, and completed within a one-year period.
(g)
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
(h)
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, this section shall also apply to any uses or structures which thereby become nonconforming.
§ 1331.02 Existing lots of record.
[Ord. 7903, passed 11-12-2009]
(a)
Any lot of record existing at the effective date of this section may be used for the erection of a structure conforming to the use regulations of the district in which it is located, even though its dimensions are less than the minimum requirements of this Zoning Ordinance, except as set forth hereafter.
(b)
No provision of Table 1329.04(B) of this Zoning Ordinance relating to yard requirements shall prevent the reasonable use of a lot of record. Upon appeal, the Zoning Hearing Board may grant a reduction in yard requirements.
§ 1331.03 Application of yard requirements.
[Ord. 7903, passed 11-12-2009; 8-11-2022 by Ord. No. 8409]
(a)
Lots which abut on more than one street shall provide the required front yard along every street.
(b)
All structures attached to the principal structure, whether open or enclosed, including porches, carports, balconies or platforms above normal grade level shall not project into any minimum front, side or rear yard.
(c)
(1)
No barbed wire or electrically charged fence shall be permitted in any district without Zoning Hearing Board approval.
(2)
A wall or fence six feet in height or under, and grade level paved terraces without walls, roofs, or other enclosures, may be erected within the side and rear yard requirements. A wall or fence three feet in height or under may be erected within side, rear and front yard requirements. Any other heights and any changes or alterations to an existing fence or wall which are outside of the aforementioned height requirements must be appealed to the Zoning Hearing Board for final determination. The height of all fences or walls shall be measured from existing grade.
(3)
Permits shall be required before installation.
(4)
The smooth finished side of the fence shall be the side of the fence that faces outward from the yard being fenced. All the framing or support members shall face the property owner (inward).
(5)
A wall or fence on a vacant lot(s) adjacent to a parcel with a principal structure, and under common ownership, may be erected and the lots considered a single lot only for the purposes of erecting a wall or fence on said vacant lots, provided that said wall or fence is also erected on the parcel with a structure and form a continuous wall or fence. Any other fencing requirements remain applicable.
(d)
Accessory buildings shall be located no less than five feet from any required rear or side lot line. If not to the rear of the principal structure, the accessory building shall not project into any minimum required front or side yard.
(e)
In all districts, excluding "C-2" Central Commercial and "M-1" and "M-2" Manufacturing Districts, the accessory building cannot exceed 768 square feet of floor space unless approved by the Zoning Hearing Board of Appeals.
§ 1331.04 Temporary structures.
[Ord. 7903, passed 11-12-2009]
Temporary structures, non-habitable, in conjunction with construction work shall be permitted only during the period that the construction work is in process. Permits for temporary structures shall be issued for a six-month period.
§ 1331.05 Basement structures.
[Ord. 7903, passed 11-12-2009]
Residing in basement or foundation structures before completion of the total structure shall not be permitted.
§ 1331.06 Off-street loading and parking.
[Ord. 7903, passed 11-12-2009]
Off-street loading and parking spaces shall be provided in accordance with the specifications in this section in all districts whenever any new use is established or an existing one is enlarged.
(a)
Off-street loading. Every use which requires the receipt of distribution by vehicle of material or merchandise shall provide off-street loading berths in accordance with the table which follows:
TABLE 1331.06(A) — Off-Street Loading Space Requirements | |||
|---|---|---|---|
Uses | Square Feet of Floor Area | Required Off-Street Loading Berths | |
1. | Schools | 15,000 or more | 1 |
2. | Hospitals (in addition to space for ambulance) | 10,000 - 30,000 For each additional 30,000 or major fraction thereof | 1 1 additional |
3. | Undertaker and funeral parlors | 5,000 For each additional 5,000 or major fraction thereof | 1 1 additional |
4. | Hotels and offices | 10,000 or more | 1 |
5. | Commercial wholesale manufacturing and storage | Up to 25,000 25,000 - 40,000 40,000 - 60,000 60,000 - 100,000 For each additional 50,000 or major fraction thereof | 1 2 3 4 1 additional |
Each loading space shall not be less than 12 feet in width, 40 feet in length and 14 feet in height, and so designed as not to encroach upon the public right-of-way. | |||
(b)
Off-street parking.
(1)
Size and access. Each off-street parking space shall have an area of not less than 180 square feet exclusive of access drives or aisles, and be in usable shape and condition. Except in the case of dwellings, no parking area shall contain less than three spaces. Parking areas shall be designed to provide sufficient turn-around area so that vehicles are not required to back into public streets. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Such access drive shall not be less than 10 feet wide. Access to off-street parking areas shall be limited to several well-defined locations, and in no case shall there be unrestricted access along the length of a street or alley. Parking lot plans showing circulation area shall be filed and approved.
(2)
Number of parking spaces required. The number of off-street parking spaces required is set forth below. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply.
TABLE 1331.06(B) — Off-Street Parking Space Requirements | ||
|---|---|---|
Uses | Required Parking Spaces | |
1. | Car wash | 2 for each wash lane |
2. | Automobile sales and service garages | 1 for each 400 square feet of floor space |
3. | Banks or professional offices | 1 for each 250 square feet of floor space |
4. | Churches and schools | 1 for each 4 seats in an auditorium or other place of public or private assembly, or 1 for each 17 classroom seats, whichever is greater |
5. | Bowling alleys | 4 for each alley |
6. | Community buildings and social halls | 1 for each 200 square feet of floor area accessible to the public |
7. | Dwellings | 2 for each dwelling unit including space in garage |
8. | Food supermarkets | 1 for each 200 square feet of floor area |
9. | Funeral homes | 10 for first parlor. 5 for each additional parlor |
10. | Furniture and appliance stores | 1 for each 400 square feet of floor area |
11. | Hospitals, nursing or convalescent homes | 1 for every 2 beds, and 1 for each 1.5 employees, based upon the peak shift |
12. | Hotels and motels | 1 for each guest room plus 1 for each 200 square feet of floor area accessible to the public |
13. | Manufacturing plants, research or testing laboratories, bottling plants | 1 for each 1.5 employees on 2 largest shifts |
14. | Medical offices | 8 for each doctor |
15. | Dental offices | 5 for each dentist |
16. | Restaurants, taverns and night clubs | 1 for each 100 square feet of floor space devoted to public service |
17. | Retail stores and shops | 1 for each 200 square feet of floor area |
18. | Rooming houses and dormitories | 1 for each 2 bedrooms |
19. | Gasoline service stations | 3 for each pump |
20. | Sports arenas, auditoriums, theaters, assembly halls | 1 for each 4 seats |
21. | Trailer or monument sales | 1 for each 2,500 square feet of lot area |
22. | Wholesale establishment or warehouse | 1 for each 1,500 square feet of floor area |
23. | Apartment buildings more than 2 stories in height | 1 for each 2 1/2 units plus 1 for each 2 employees |
24. | Fire Stations | 1 parking space for each 1.5 employees assigned to such station at the maximum shift |
25. | Adult Entertainment Establishment | 1 parking space for each 50 square feet of floor area and 1 for each employee |
NOTE: Because of public parking facilities, off-street parking requirements will not be required in the C-2 Central Business District. |
If a motel has restaurant facilities included, it must also comply with the off-street parking provisions for same as No. 16 (restaurants, taverns and night clubs). |
(3)
Location of parking areas. Required parking spaces shall be located on the same lot with the principal use. The Zoning Hearing Board may permit parking spaces to be located not more than 200 feet distance from the lot of the principal use located in the same zoning district as the principal use as if a special exception in an adjacent zone. However, the Board shall apply all tests to determine the suitability for such a use and the Board finds that it is impractical to provide parking on the same lot with the principal use.
(4)
Screening and landscaping. Off-street parking areas for more than five vehicles, and off-street loading areas, shall be effectively screened by a buffer as defined by this Ordinance on each side which adjoins or faces any residential district or use.
(5)
Minimum distance and setbacks. No off-street loading or parking area for more than five vehicles shall be closer than 10 feet to any adjoining property containing a dwelling, school, hospital or similar institution and shall be effectively screened by a buffer as defined by this Ordinance.
(6)
Surfacing. With the exception of dwellings, all parking and loading areas and access drives shall have a paved or oiled surface, graded and drained to dispose of all surface water and designed to provide for orderly and safe loading and parking.
(7)
Lighting. Any lighting used to illuminate off-street parking or loading areas shall be arranged so as to reflect the light away from adjoining premises of any residential district or use, and away from roads or highways.
§ 1331.07 Mobile homes.
[Ord. 7903, passed 11-12-2009]
Mobile home parks may be permitted by Council in the R-3 Residential District as a conditional use provided that they meet all requirements set forth in Article 1333.
§ 1331.08 Water recreation and storage areas.
[Ord. 7903, passed 11-12-2009]
Any facility for water recreation such as private swimming pools, swimming clubs and commercial fishing ponds, or any such water storage facility such as reservoirs, fish hatcheries, sewage lagoons and farm ponds shall comply with the following regulations:
(a)
The facility must meet the front, side and rear yard requirements for the applicable district.
(b)
Before a permit shall be issued to the operator or owner of the facility, a plan shall be approved as to the size of facility, proposed use, parking arrangement and the use of buildings on site, surrounding properties and their usage, and any other pertinent information, such as fences.
(c)
Regardless of another provision of this Zoning Ordinance, such uses shall be enclosed by a fence of not less than five feet in height.
§ 1331.09 Verification of existing nonconforming uses.
[Ord. 7903, passed 11-12-2009]
All owners of property or structures where there is now either a nonconforming use or structure must, after the passage of this section, obtain a proper verification from the Zoning Officer or his staff, regarding whether or not such nonconforming use or structure is legal.
§ 1331.10 Junk yards, scrap yards, and automobile wrecking.
[Ord. 7903, passed 11-12-2009]
All junk yards, scrap yards, and automobile wrecking shall be completely screened from roads or developed areas with a solid fence or wall eight feet or more in height, maintained in good condition and painted, except for masonry construction. All existing junk yards shall comply with this requirement or shall terminate their operation.
§ 1331.11 Heavy manufacturing.
[Ord. 7903, passed 11-12-2009]
(a)
All heavy manufacturing uses shall comply with the applicable ordinances of the City and regulations and laws of the Commonwealth of Pennsylvania, especially as they pertain to the environment.
(1)
An industrial use which will result in vibrations, excessive noise or other adverse environmental effects may be required to take such reasonable steps as may be deemed necessary to ameliorate such problems.
(2)
The property shall be effectively screened by a buffer as defined in this Ordinance..
§ 1331.12 Satellite disks.
[Ord. 7903, passed 11-12-2009]
(a)
All satellite disks shall be erected only in rear yards or on roofs of buildings within the City.
§ 1331.13 Swimming pools.
[Ord. 7903, passed 11-12-2009]
(a)
Private residential swimming pools shall be located at least 10 feet from any dwelling and property line.
(b)
Shall not be located in any portion of the front yard between the front lot line of the building, and the front lot line.
(c)
Shall be completely enclosed by a fence which is at least five feet in height and self-latching gate.
(d)
The pool shall be used solely for the personal use of the occupants of the principal use.
§ 1331.14 Permitted projections into required yards.
[Ord. 7903, passed 11-12-2009]
(a)
Typical architectural features, including but not limited to, bay windows, window sills, cornices and eaves shall be permitted to project into required yards no more than 12 inches.
(b)
Steps, less than 30 inches in height, unenclosed and without a roof, shall be permitted to project into required yards no more than three feet.
§ 1331.15 Stairways.
[Ord. 7903, passed 11-12-2009]
(a)
Stairways leading to upper levels of the structure are not permitted in the front of the structure, or above the front porch.
§ 1331.16 Building permit application procedures.
[Ord. 7903, passed 11-12-2009]
(a)
All building permit applications shall be submitted in a form and manner acceptable to the City. Permits will be issued by the Permit Officer.
§ 1331.17 Responsibilities of the applicant.
[Ord. 7903, passed 11-12-2009]
(a)
It shall be the responsibility of the applicant to apply for and secure all permits required by this Ordinance. Failure to secure necessary permits or failure to apply for same in a timely fashion shall constitute a violation of this Ordinance.
§ 1331.18 Issuance of Permits.
[Ord. 7903, passed 11-12-2009]
§ 1331.19 Expiration of permits.
[Ord. 7903, passed 11-12-2009]
(a)
No building permit shall be valid after six months from the date of issuance thereof, unless the work authorized has commenced within six months from the date of issuance and completed within one year.
§ 1331.20 Revocation of permits.
[Ord. 7903, passed 11-12-2009]
(a)
A building permit for any structure or use shall be revoked and withdrawn by the Permit Officer if the holder of such permit has failed to comply with the requirements of this Ordinance or with any conditions attached to the issuance of the permit.
§ 1331.21 Restrictions on use and placement of jersey barriers and similar traffic control devices on properties in residential and commercial districts.
[4-6-2023 by Ord. No. 8438]
(a) JERSEY BARRIER AND SIMILAR TRAFFIC CONTROL DEVICES
Definitions.
A modular concrete or plastic barrier ranging in dimension from 24 inches to 48 inches in height or higher, six inches to 24 inches in width, and two feet to 12 feet in length or longer, with or without tapered edges from top to bottom, and commonly used in directing or restricting the flow of traffic on highways and in road construction.
(b)
Prohibition in residential districts. Jersey barriers and other similar traffic control devices shall not be placed on the premises or curtilage of any residential or other properties within the R-1, R-2 and R-3 Residential Zoning Districts without a permit.
(c)
Prohibition in commercial districts. Jersey barriers and other similar traffic control devices shall not be placed on the premises or curtilage of any commercial or other properties within the C-1 General Business District and C-2 Central Business District without a permit.
(d)
Permit requirements. Any individual or entity desiring to place a jersey barrier or similar traffic control device on any property within the districts set forth in § 1331.21(b) and (c) shall first apply to the Zoning Officer for a permit on a form provided by the Zoning Department and payment of a $10 application fee.
(e)
Restrictions applicable to permits.
(1)
No permit shall be issued for jersey barriers and other similar traffic control devices used or intended to be used to delineate parking areas or parking spaces in parking lots of any commercial or other property located within the specified zoning districts.
(2)
No permit shall be issued for jersey barriers and other similar traffic control devices used or intended to be use as a form of fencing or barrier between adjoining or adjacent properties.
(3)
Jersey barriers and other similar traffic control devices shall not be placed within 15 feet of any property line.
(4)
Permits for the placement of jersey barriers shall be temporary and not exceed a time period of three months.
(f)
Penalty. Any person found in violation of this section shall, upon conviction, be guilty of a summary offense and shall be subject to a fine of not less than $300 nor more than $500.