New Wilmington City Zoning Code
ARTICLE III
District Regulations
§ 275-7 Zoning Map.
A map entitled "New Wilmington Borough Zoning Map" is hereby adopted as part of this chapter. The Zoning Map shall be kept on file, available for examination, at the Borough Building.
§ 275-8 Zoning districts enumerated.
The Borough is divided into various districts as set forth by this chapter and as shown by the district boundaries on the Zoning Map. The districts are:
A.
Residential districts. In any residential district, only one principle use per lot will be allowed. These zones are designated for residential occupancy and such uses which are normally associated with neighborhoods. Such uses may include schools, churches and parks. The specific purpose for each of the residential districts is as follows:
[Amended 2-5-1996 by Ord. No. 420; 5-7-2001 by Ord. No. 453]
(1)
A-Residence District: These zones are designated for low-density single-family dwelling and complementary uses.
(2)
B-Residence District: The B-Residence Zone is also a residential district, but it permits two-family dwellings with multifamily dwellings permitted as a special exception. In addition, uses complementary to residential structures are allowed.
(3)
B-1 Residence District: The B-1 Residence Zone is similar to the B-Residence District, with the addition of other related activities.
B.
C-Commercial District: This district is designed to accommodate a wide variety of commercial uses within the Borough commercial core. Residential uses are prohibited in the C-Commercial District, except that dwelling units as a secondary use may be permitted as a special exception on the second or higher floor of a building where the first floor is used as a commercial business, in accordance with § 275-11B(9).
[Amended 7-1-2024 by Ord. No. 537]
C.
D-Industrial District: This district is designed to allow the development of a mixture of industrial uses within the Borough's limits. Such development is to be placed so there is a minimum of conflict with residential and commercial uses.
D.
A portion of the downtown area is covered by the Parking Overlay District that exempts nonresidential uses from the parking requirements of this chapter.
[Added 10-4-2004 by Ord. No. 476]
E.
I-Institutional District: The purpose of this district is to facilitate the operation and development of Westminster College within the Borough.
[Added 5-7-2012 by Ord. No. 507]
§ 275-9 District boundaries.
The boundaries between districts are the center lines of streets, alleys, railroad rights-of-ways, streams, or such lines extended or lines parallel thereto or concentric therewith, or property lines when proximate thereto or may be lines otherwise indicated on the Zoning Map. Any person aggrieved by the interpretation of the Zoning Map by the Zoning Officer concerning the location of the district boundary may appeal to the Zoning Hearing Board, and the Zoning Hearing Board shall determine the location of the district boundary.
§ 275-10 District regulations.
A.
Permitted uses, conditional uses and special exceptions for each district are listed in Table A;[1] lot and yard dimensions, maximum height of structure and maximum lot coverage are specified for each district in Table B.[2] Any use not expressly listed for a district is prohibited in that district. Conditional uses require approval of the New Wilmington Borough Council, after recommendation by the Planning Commission, whereas permitted uses require only normal application procedures. Special exceptions require the approval of the Zoning Hearing Board, which may provide for such additional reasonable conditions as are deemed necessary. Uses which are normally accessory to the declared permitted uses are also permitted.
[1]
Editor's Note: Table A is included at the end of this chapter.
[2]
Editor's Note: Table B is included at the end of this chapter.
B.
Forestry. The practice of forestry, including timber harvesting, is declared as a permitted use in all districts. It is subject to the following conditions:
[Added 10-4-2004 by Ord. No. 476]
(1)
Any harvesting shall present an approved erosion and sediment control plan prior to the issuance of a zoning permit.
(2)
All tree harvesting practices must protect nearby structures and utility lines. No uncontrolled felling shall be allowed in developed areas.
(3)
To avoid traffic congestion and sound disturbance, all activities must start after 8:30 a.m. and end by 4:30 p.m. during the working week. No Sunday work shall be permitted.
§ 275-11 Guidelines and criteria for conditional uses and special exceptions.
A.
Conditional uses may be granted or denied by the Borough Council after a review and recommendations by the New Wilmington Borough Planning Commission. In addition to determining compliance of the proposed conditional use with the guidelines and expressed criteria as set forth by this chapter, the Borough Council may also set forth reasonable conditions for approval which it feels are necessary to preserve and protect the neighborhood. Special exceptions may be granted by the Zoning Hearing Board in accordance with the express standards and criteria of this chapter. In granting a special exception, the Board may attach reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and to protect the neighborhood. In addition to the specific criteria that must be considered by the Borough Council in granting conditional uses and by the Zoning Hearing Board in granting special exceptions, these bodies are charged with considering the effect such proposed uses will have upon the immediate neighborhood. The preservation and integrity of existing development in neighborhoods must be carefully weighed and given priority in each decision.
B.
Special criteria to be followed in granting either a conditional use or a special exception are as follows:
(1)
Home occupations. Home occupations are potential intrusions upon residential areas and as such are to be reviewed closely and permitted only upon strict adherence to the guidelines and criteria of this chapter. Such uses must:
(a)
Provide adequate off-street parking. If a specific use is not noted in § 275-19, then the Board shall use similar uses in setting forth requirements.
(b)
The nature of the home occupation shall not change the outward characteristics of the home as a residential unit. Not more than 30% of the residence can be used for the home occupation.
(2)
Public utility buildings. Public utility buildings shall be allowed, but shall be required to provide reasonable yard space and shall be suitably landscaped. In the interest of public safety, height limitations for fences surrounding such installations are hereby waived.
(3)
Fraternity and sorority houses shall be required to meet the following requirements:
(4)
Hospitals. Hospitals, rest home and nursing homes shall:
(a)
Have a lot size of at least two acres.
(b)
Provide front, rear and side yards of at least 50 feet.
(c)
Provide screening along any side which abuts an existing residential use.
(d)
Submit the parking plan and the vehicular circulation plan to the Borough Police and Fire Company for review and recommendation.
(e)
Strictly observe all required parking and loading/unloading requirements.
(f)
Such uses shall provide proof that they comply with state regulations, especially any licensing requirements.
[Added 10-4-2004 by Ord. No. 476]
(5)
Multifamily dwellings: family and elderly.
[Amended 8-31-1998 by Ord. No. 431]
(a)
All multifamily dwellings shall provide for off-street parking facilities as required by this chapter. However, in no event shall the required front yard be used for vehicular parking.
(b)
All multifamily dwellings will be allowed only in areas where both public sewers and water are available to the site.
(c)
As used in this chapter, the term "elderly housing" or similar terms shall mean residential dwelling units where at least one occupant has reached the age of 62 years and any other occupant of the dwelling unit is related by blood or marriage to the occupant who has reached the age of 62.
(e)
If elderly housing units are part of a facility which provides a continuum of care services, that is, a facility providing support and care options at various levels, including residential supportive housing, retirement living, personal care and nursing care as licensed by the Commonwealth of Pennsylvania, all of which are in close proximity (if not attached) and located upon one plot (or a combination of contiguous lots) not divided by public street(s) or by any other use, then the maximum density may be increased to 36 dwelling units per acre, provided that the requirements of Subsection B(5)(f) below are met.
(f)
Elderly housing multifamily units designed for the elderly, including elderly housing units developed in conjunction with the uses noted in Subsection B(5)(e) above, must be supported by adequate proof and documentation supplied by the owner and operator that they are designed for the elderly, are devoted exclusively for such use and, where necessary, are licensed as applicable, and actually offer the supportive services mentioned above in Subsection B(5)(e).
(6)
Public and private schools.
(a)
Such uses must provide adequate off-street parking and loading areas. Further the vehicular ingress and egress to such areas shall be reviewed to determine the effect on traffic safety and circulation.
(b)
All parking, outdoor recreation or playground facilities shall be effectively screened from abutting residential properties.
(7)
Service stations.
(a)
Service stations shall have a lot size of at least one acre with a lot depth of at least 200 feet and a width of at least 150 feet.
(b)
Gasoline pumps or other devices for dispensing motor fuel shall be at least 50 feet from the nearest adjoining lot line.
(c)
No vehicular storage shall be permitted on public rights-of-way.
(d)
Vehicular circulation plans shall be reviewed by the Borough Police and Fire Company.
(e)
Facilities for the proper storage of trash and tires will be required.
(f)
All yards which abut residential uses must have screening.
(9)
Residence as a secondary use. Although residential uses are generally prohibited in the C-Commercial District, residential dwelling units may be located on the second or higher floor of buildings whose main function is commercial, subject to the following conditions:
[Amended 7-1-2024 by Ord. No. 537]
(a)
Any use of a commercial structure for secondary residential shall adhere to the following criteria:
[1]
The residential use must be only on the second or higher floor of the building, and the first floor must have a commercial business that is open and operating or available for commercial use.
[2]
The commercial use shall meet the minimum lot area required for the district and the intended use.
[3]
Each secondary residential dwelling unit shall require a minimum of an additional 1,500 square feet of lot space.
[4]
Each dwelling unit must have a minimum of 800 square feet, and include separate cooking, sanitary, bedroom, and living room areas.
[5]
At least two on-lot parking spaces per dwelling unit are required in addition to the parking required for the commercial use.
(b)
To increase the number of secondary dwelling units within a commercial structure, the owner must show the lot to meet the square footage and parking requirements as set above (i.e., at least 10,000 square feet, plus 1,500 square feet for each dwelling unit) and provide two parking spaces per dwelling unit.
(10)
Professional offices. Professional offices in residential areas shall be subject to the following regulations:
(11)
Bed-and-breakfast establishments. Bed-and-breakfasts shall be subject to the following regulations:
[Amended 6-2-1986 by Ord. No. 390]
(c)
Screening will be required where a yard abuts another residential property.
(d)
Alterations to the structure that change its exterior dimensions are prohibited.
(e)
All required state licenses shall be presented prior to approval being given.
(f)
The building to be used as the bed-and-breakfast shall also be the principal residence of the proprietor(s). "Proprietor" is herein defined as the person who is financially at risk through the method of operation of the bed-and-breakfast, as contrasted with the owner of the real estate whose rent might not be affected by inefficient methods of operation of the business conducted upon the premises owned by him.
(g)
Breakfast will be the only meal served and is included in the charge of the room.
[Added 10-4-2004 by Ord. No. 476]
(12)
Juvenile boarding homes. The purpose of these facilities is to provide nonsecure child care in a residential setting. Typically, the children in such homes are placed in them by the courts, county or state agencies or parents.
[Added 2-5-1996 by Ord. No 420]
(a)
Such uses shall provide a lot of at least two acres in size.
(b)
Minimum front, side and rear yards are to be at least 35 feet with a ten-foot area of evergreen screening. No formal play areas are to be allowed in these side and rear yard areas.
(c)
Such facilities shall not have any more than 12 children at any one time. All children must be under the age of 18.
(d)
Such uses are considered as a principal use and only one per lot of record will be permitted. There shall be a radius of at least 1,500 linear feet between this and any similar use.
(e)
Staff parking shall be provided on the lot at a ratio of one space for each employee (as measured at the largest shift). At least one additional parking space per each four children housed will be required for visitors.
(f)
Such facilities will not be approved until evidence of compliance and approval by the Pennsylvania Department of Welfare, the Pennsylvania Department of Labor and Industry and other appropriate regulatory agencies is presented. If such approvals are pending at the time of hearing, occupancy and use of the facility will not be allowed until final and documented approvals are filed with the Borough.
(13)
Personal care boarding homes. The purpose of such homes is to provide residences for individuals in a homelike setting. Consequently, it is essential to maintain an exterior appearance that is in harmony with surrounding residences. Personal care boarding homes are facilities which offer food, shelter and personal assistance for a period of more than 24 consecutive hours for four or more adult residents who are not relatives of the operator and where the residents do not require hospitalization or nursing facility care. In addition, such uses shall meet the following conditions:
[Added 2-5-1996 by Ord. No. 420]
(a)
There shall be no sign or exterior display beyond the name of the home or its use, no larger than two feet by three feet. (See § 275-22.)
(b)
At least one additional on-lot parking space shall be provided for each four guests and one additional space for each nonresident employee.
(c)
No home shall admit more than eight clients at any one time.
(d)
Required local, county and/or state certifications shall be presented to the Board. Specially included are to be permits from the Pennsylvania Departments of Welfare and Labor and Industry.
(e)
All uses shall be served by a community sewer system and have an adequate water supply for the proposed number of patrons.
(14)
Day-care. Day-care services for children have two separate types: family day-care homes and group day-care homes. (See Article II for definitions.) These uses shall be allowed, provided that the following criteria are met:
[Added 2-5-1996 by Ord. No. 420]
(a)
Any outdoor play area shall be effectively screened from abutting properties.
(b)
For all new construction and, where feasible, for existing structures, circular driveways shall be provided to deliver and pick up children. These will be for the safety of the children and the protection of the neighborhood.
(c)
One parking space for each nonresident employee shall be required.
(d)
The operator shall secure and keep current all permits from the commonwealth or other licensing agencies.
(15)
Elderly day-care. Elderly day-care is to provide care for older persons in a home-type setting for less than a twenty-four-hour day. Such uses shall meet the following criteria:
[Added 2-5-1996 by Ord. No 420]
(17)
Funeral parlors. Funeral parlors shall meet the following criteria:
[Added 5-7-2001 by Ord. No. 453]
(a)
The lot size shall be not less than 10,000 square feet.
(b)
At least 20 paved, on-lot parking spaces shall be provided, with an additional five spaces for each additional viewing parlor after the first two.
(c)
The driveway system shall be arranged so the hearse and funeral cortege formation will be taken on the lot and not on a public street.
(d)
Such uses shall provide proof that they comply with state regulations, especially any licensing requirements.
[Added 10-4-2004 by Ord. No. 476]