Pennsburg City Zoning Code
ARTICLE IX
RC Residential-Commercial District
§ 110-900 Declaration of legislative intent.
In expansion of the declaration of legislative intent and statement of community development objectives contained in Article I of this chapter, the specific intent of this district is to:
A.
Preserve the character of Main Street by encouraging a compatible mix of residential, office and limited commercial uses in areas of the Borough that are already characterized by a mix of such uses.
B.
Encourage the preservation of existing older buildings by permitting a variety of uses which are compatible with the existing structural types, lot sizes and other physical and visual characteristics of the area and by permitting the conversion of such buildings in a manner which maintains the visual character and architectural scale of existing development within the area.
C.
Protect the character and integrity of residential neighborhoods by minimizing the negative effects of nonresidential development.
D.
Discourage development of those retail commercial uses which would more appropriately be located in the SC Shopping Center District because they require incongruous architectural styles, high volumes of traffic, excessive paved areas or numerous access points.
E.
Provide flexibility to landowners and developers in terms of permitted uses and appropriate density, dimensional, and development regulations for those uses.
§ 110-901 Permitted uses.
Permitted uses in the RC Residential-Commercial District are separated into three classes, according to the intensity of use. Each class of use is subject to specific dimensional and development regulations included in this article.
B.
The following uses are Class 2 moderate-intensity uses and shall comply with the dimensional regulations in § 110-902B of this article:
(1)
Retail specialty shops for the sale of gifts, antiques, plants, books, jewelry, clothing, or crafts, or similar small, low-volume shops.
(2)
Repair shops for watches, clocks, optical goods, musical or scientific instruments, or other small appliances.
(3)
Business and professional offices for lawyers, architects, engineers, doctors, dentists, real estate agents, travel agents, employment agencies, computer specialists, and similar occupations.
(4)
Personal service shops, including barbers, tailors, hairdressers, shoe repair shops, dressmakers, dry cleaning (provided that no cleaning operations are performed on the premises), and other similar occupations.
(5)
Studios for dance, fitness, art, music, or photography.
(6)
Religious, educational and similar institutions, in compliance with the provisions of Article XII of this chapter.
(7)
Libraries, historical sites, and museums.
(8)
Public park, playground, and recreational area not operated commercially for profit.
C.
The following uses are Class 3 high-intensity uses and shall comply with the dimensional regulations in § 110-902C of this article:
[Amended 10-2-2000 by Ord. No. 6-00; 6-5-2006 by Ord. No. 1-06]
(1)
General retail commercial establishments for the sale of dry goods, variety merchandise, food, baked goods, beverages, drugs, hardware, furnishings, and similar items.
(2)
Banks and other financial institutions, provided that those with drive-through facilities shall comply with the provisions of § 110-904 of this article.
(3)
Restaurants and other eating or drinking establishments, provided that those with drive-through facilities shall also comply with the provisions of § 110-904 of this article.
(4)
Service stations or garages for the repair of automobiles, trucks or buses, not including gasoline stations; automobile and truck dealerships; or similar uses, when permitted by conditional use in compliance with § 110-328 of this chapter.
(5)
Municipal or governmental buildings or uses, including police, fire companies, and ambulance services; public utility; and public transit station.
D.
Conversion of an existing building to a use otherwise permitted in this district shall be permitted by right only if it complies with the dimensional and development regulations for the proposed use. If the conversion cannot comply with the pertinent dimensional and development regulations, the proposed use may be permitted by the Borough Council as a conditional use, in compliance with the provisions of § 110-903 of this chapter.
§ 110-901.1 Conditional use.
[Added 8-13-2024 by Ord. No. 3-2024]
A.
A Code Blue Shelter may be permitted by Borough Council as a conditional use within an existing building in the RC Residential-Commercial District primarily used for religious or institutional purposes after a duly held public hearing pursuant to the procedures in § 110-328. Borough Council may establish conditions for approval of a Code Blue Shelter to prevent negative impact to neighboring properties, negative impact to the character of the neighborhood and to prevent creating a liability for the Borough. Such conditions may include but are not limited to the following:
(1)
Limitations on the operation of the shelter.
(2)
Periodic review and modification of shelter rules by Borough Council.
(3)
Operational compliance with laws, rules and regulations of all regulatory bodies having jurisdiction over Code Blue Shelters.
(4)
Insurance and indemnification requirements to protect the Borough from liability.
(5)
Ability of Borough Council to permanently close the Code Blue Shelter for nuisances, unlawful conduct of sheltered persons or shelter personnel and/or violation of conditions imposed by the conditional use decision.
(6)
The conditions imposed by Borough Council shall be applicable to all persons and entities participating in the operation of the Code Blue Shelter.
§ 110-902 Dimensional regulations.
A.
The dimensional regulations for all Class 1 uses in this district are as follows:
Regulation | Single-Family Detached (per unit) | Single-Family Semidetached (per unit) | Two-Family Detached (per 2 units) | |
|---|---|---|---|---|
Minimum lot area | 7,000 square feet | 3,600 square feet | 8,400 square feet | |
Minimum lot width | 35 feet | 20 feet | 50 feet | |
Maximum building coverage (percent of lot) | 40% | 45% | 35% | |
Maximum impervious surface coverage (percent of lot) | 75% | 75% | 75% | |
Minimum front yard | 10 feet | 10 feet | 10 feet | |
Minimum side yard | 6 feet each | 6 feet (1 side only) | 10 feet each | |
Minimum rear yard | 30 feet | 30 feet | 30 feet |
B.
The dimensional regulations for all Class 2 uses in this district are as follows:
Regulation | Store, Service, Shop, Studio | All Other Uses | |
|---|---|---|---|
Minimum lot area | 20,000 square feet | 10,000 square feet | |
Minimum lot width | 40 feet | 40 feet | |
Maximum building coverage (percent of lot) | 40% | 50% | |
Maximum impervious surface coverage (percent of lot) | 75% | 75% | |
Minimum front yard | 10 feet | 10 feet | |
Minimum side yard | 6 feet each | 6 feet each | |
Minimum rear yard | 25 feet | 25 feet |
C.
The dimensional regulations for all Class 3 uses in this district are as follows:
Regulation | General Retail, Bank or Restaurant Without Drive-Through, Municipal Uses | Service Station, Garage, Restaurant or Bank with Drive-Through |
|---|---|---|
Minimum lot area | 20,000 square feet | 30,000 square feet |
Minimum lot width | 40 feet | 50 feet |
Maximum building coverage (percent of lot) [Amended 4-3-2000 by Ord. No. 1-00] | 30% | 30% |
Maximum impervious surface coverage (percent of lot) [Amended 4-3-2000 by Ord. No. 1-00] | 75% | 75% |
Minimum front yard | 10 feet | 10 feet |
Minimum side yard | 5 feet each | 5 feet each |
Minimum rear yard | 20 feet | 20 feet |
D.
Maximum building height for all classes of use: 40 feet. However, structures not intended for human occupancy, such as steeples, silos, towers, chimneys, stacks, mechanical penthouses, etc., may exceed this limit up to a height of 60 feet by conditional use, in compliance with §§ 110-306 and 110-328 of this chapter, provided the front, side and rear yard setbacks are increased by two feet for every one foot of structure height over 40 feet.
F.
Build-to lines. Notwithstanding the requirement for a minimum front yard setback for any class use referenced in this section, no front yard setback for any building shall be greater than the average front yard setback of all buildings within 500 feet of the subject property. It is the intent of this section to require existing buildings to match the setback of existing buildings within the district.
[Added 10-2-2000 by Ord. No. 6-00]
§ 110-903 Residential and nonresidential conversions.
A.
Residential conversions. An existing single-family detached dwelling may be converted to not more than two independent dwelling units, with the following provisions:
B.
Nonresidential conversions. Conversion of an existing building to a nonresidential use permitted in this district shall be permitted by right only if it complies with the dimensional and development regulations for the proposed use. If the conversion cannot comply with the pertinent dimensional and development regulations, the proposed use may be permitted by the Borough Council as a conditional use, in compliance with the following standards:
(1)
Sufficient parking shall be provided that complies with the provisions of Article XIV of this chapter. The Borough Council may reduce the parking requirement if one or more of the following criteria are met:
(2)
Any additions to the original building are at the rear of the property.
(3)
Service, loading, dumpsters, and other similar site elements are in the rear of the property and are adequately screened from view.
(4)
The proposed use will not cause undue traffic, noise, glare, pollution, or environmental degradation for the surrounding areas.
§ 110-904 Drive-through facilities.
[Added 10-2-2000 by Ord. No. 6-00]
A drive-through facility shall require the following:
A.
A minimum of six automobile waiting spaces for each drive-through lane.
B.
Such spaces shall not interfere with parking spaces, loading, unloading or the internal circulation of the site, nor shall they be located in a front yard.
C.
For lots fronting on an arterial highway, ingress shall be provided to the drive-through facility from an aisleway within the interior circulation of the lot.
§ 110-905 Development regulations.
A.
Public utilities. All uses shall be served by public water and sewer facilities.
B.
Dwelling units in buildings with nonresidential uses. Up to two independent dwelling units shall be permitted in buildings which contain nonresidential uses on the lower floors, provided that parking complies with the provisions of Article XIV of this chapter and all building and fire codes are complied with.
E.
Parking design. The siting of all required parking spaces shall be in the side and rear yard areas of the lot. No parking spaces shall be located in the front yard area.
[Amended 4-3-2000 by Ord. No. 1-00]
F.
Performance standards. All development in this district shall comply with the performance standards in § 110-321 of this chapter.
§ 110-906 Plan requirements.
In addition to the plan submission requirements in the Borough Subdivision and Land Development Ordinance, the following information shall be required for all nonresidential developments in this district:
A.
Architectural plans sufficient to show building entrances, service and loading areas, elevations, signs, lighting facilities, and all other pertinent information.
B.
A description of the proposed nonresidential uses.
C.
All information required by the Borough in order to determine compliance with pertinent Borough regulations.
§ 110-907 Alterations and/or removal of existing principal buildings and construction of new buildings.
[Added 4-3-2000 by Ord. No. 1-00]
Alterations and/or removal of existing principal buildings and construction of new principal buildings for any use shall be permitted by conditional use, subject to compliance with the standards set forth below:
A.
Retention and use of existing principal buildings.
(1)
The proposed use shall retain and use the existing principal building(s) on the lot and shall retain the general appearance, character and types of materials of the front and side facades of the existing building, existing front and side porches and window openings.
(2)
Expansion shall be permitted only to the sides and rear of the existing principal building.
(a)
Expansion to the side shall conform in general appearance, scale and building materials to the front facade of the existing building and shall be set back a minimum of 10 feet front the front facade of the existing building.
(b)
Expansion to the rear shall conform in scale to the existing building.
(c)
Rooflines shall be similar or complimentary to those of the existing building.
(3)
An existing principal building that faces the street shall not be expanded toward the street, except to permit an open front porch consistent with the architectural facade of the building. An existing principal building located behind a principal building that faces a street may be expanded toward the street.
(4)
The applicant and/or owner shall submit all architectural drawings for evaluation of the proposed principal building expansion, including building elevations and color renderings. The Borough Council may approve an expansion which differs from the existing building, provided that said expansion complements the existing building, conforms to the character of the RC Zoning District, and does not detract from the intent of this chapter to preserve the residential/commercial appearance of the district.
(5)
Existing, healthy, mature trees shall be preserved in the front and side yards unless they must be removed to provide vehicular access appropriate for the proposed use.
B.
Removal of existing principal buildings.
(1)
An applicant and/owner shall not remove an existing principal building unless the Borough Council is satisfied that the building is not suitable for the proposed use according to the following criteria:
(a)
The building is structurally unsound. The applicant shall submit a written report from a structural engineer or architect who has evaluated said structure. Said report shall be signed and sealed by said professional.
(b)
The building cannot be reasonably modified to accommodate access for handicapped individuals. The applicant shall submit a written report listing all restrictions and estimated construction costs to modify said structure Said report shall be prepared by a structural engineer and signed and sealed.
(c)
Interior spaces do not meet the minimum dimensional requirements of the IBC, current edition.
[Amended 6-5-2006 by Ord. No. 1-06]
(2)
An applicant and/or owner shall not remove an existing principal building until the Borough Council has approved a land development plan and/or conditional use of the property from which the applicant and/or owner would remove the building.
(a)
The proposed parking area shall not be located where the existing building is located. The area of the existing building shall be used for a new building and/or landscaping.
(b)
Where adjoining properties are combined for use, or shared vehicular access, the location of a removed building may be used for vehicular access.
(c)
Replacement buildings shall be similar in general appearance, size, scale, bulk and building materials to the removed principal building. The applicant and/or owner shall submit architectural drawings for evaluation of the proposed buildings, including building elevations and color renderings. The Borough Council may approve a replacement building different from the removed principal building, provided that it conforms to the character of the zoning district and does not detract from the intent of this chapter to preserve the district's appearance.
(3)
Buildings which have been identified by either the state, county or Pennsburg Borough as having historic significance shall not be removed. Any and all expansions shall be consistent with and shall be complementary to the historic architecture.
C.
New principal building. New principal buildings may be constructed on vacant properties or to the rear of existing principal buildings, provided that they shall be similar in size, scale, general appearance, and building materials to one or more buildings on the adjoining lots or to an existing historic building. The applicant and/or owner shall submit architectural drawings for evaluation of the proposed principal buildings, including building elevations and color renderings. The Borough Council may approve a new building different from the surrounding buildings, provided that it conforms to the characteristics of the zoning district and does not detract from the intent of this chapter to preserve the district's appearance.