Pottsville City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 220-18 Size of lots, yards, buildings and fences.
A.
Existing nonconforming lots in R-1 Districts. A single-family dwelling may be constructed on any vacant nonconforming lot, irrespective of its area or width, which is located in an R-1, R-1A or R-2 District, provided that it complies with the following:
(1)
Said lot is in existence as an entity at the time of passage of this chapter.
(2)
The owner of the lot does not own an adjoining lot.
(4)
The minimum width of the lot and the minimum side and rear yards shall not be less than that specified in the following table:
Minimum Dimensions (feet) | ||||
|---|---|---|---|---|
Side Yard | ||||
District in Which the Lot is Located | Width | One Yard | Both Yards Combined | Rear Yard |
R-1 | 48 | 8 | 16 | 20 |
R-1A | 48 | 8 | 16 | 20 |
R-2 | 40 | - | - | 20 |
B.
Height limitations. District height limitations shall not apply to church spires, cupolas and domes, monuments, water towers, chimneys, smokestacks, silos, flagpoles, radio and television towers, masts and aerials, farm structures and parapet walls, extending not more than four feet above the limiting height of the building, and multiple dwelling and apartment structures.
C.
Area regulations.
(1)
Lots not serviced with public water or sewer. Lots not served by a public water or sanitary sewer system or other systems approved by the Division of Sanitation (Pennsylvania Department of Health) shall have a minimum width of 100 feet at the building line and a minimum area of 20,000 square feet per dwelling unit.
(2)
Lots not served with public sewer. Lots served by a public water system and an individual on-lot sewage disposal system, such as a septic tank or cesspool, shall be not less than 75 feet wide at the building line nor less than 10,000 square feet in area per dwelling unit.
(3)
Large-scale commercial developments. Commercial developments or shopping centers containing more than one attached commercial unit or store may be developed on a lot having the minimum lot area specified in Schedule 2,[1] provided that all the other regulations of Schedule 2 shall apply.
[1]
Editor's Note: Schedule 2 is included at the end of this chapter.
D.
Yard regulations.
(1)
Front yard exception. When an unimproved lot is situated between two improved lots, each having a principal building within 25 feet of the side lot line of the unimproved lot, the front yard may be reduced to a depth equal to that of the greater front yard of the two adjoining lots; provided, however, that it may not be reduced below 15 feet.
(2)
Side yard width may be varied. Where the side wall of a building is irregular or not parallel with the side lot line, the side yard may be varied. Its average width shall not be less than the required width, nor shall it be narrower at any point than five feet.
(3)
Width of one side yard may be reduced. The width of one side yard may be reduced to not less than three feet, provided that the combined side yards shall not be less than the minimum required for the lot. Similarly, the distance between the proposed structure and another existing or proposed structure on an adjacent lot may not be less than the minimum sum of the two side yards. A reduction of width may be authorized only by the Board when warranted by the location of existing buildings or when conducive to the desirable development of two or more lots.
(4)
Side yard of corner lot. Where the side yard on the side street of a corner lot abuts another side yard of a lot in an R District, the former shall be at least one-half (1/2) the width of the front yard of the latter.
(5)
All fences, hedges, walls and shrubs must be maintained in good condition. When adjoining an R District, no advertising shall be permitted on fences.
(6)
Adequate screening as required in this chapter shall consist of a four-to-six-foot-high covered fence or a visual screen of suitable shrubs, placed at proper intervals to insure adequate screening, maintained within 15 feet of the property line separating the uses.
(7)
Adequate screening shall be provided by any commercial or manufacturing use in a C-2 or M District when abutting a residential use.
(8)
Fences and walls located in yards. Fences, walls and hedges not exceeding six feet in height may be located in any yard or court; provided, however, that such height limitation shall not be considered applicable to fences used to protect utility structures.
(9)
Projections into yards. Unless otherwise specified below, projections into required yards shall be governed by the provisions of the Building Code of the City of Pottsville.[2]
(a)
Cornices, canopies, eaves or other architectural features not required for structural support may project into a side yard not more than three inches per foot of side yard width, but may not exceed a total of three feet.
(b)
Fire escapes and balconies to fire exits may not project into a front yard.
(c)
Bay windows, fireplaces, chimneys, uncovered stairs and landings and balconies not required for fire escape purposes may project up to three feet, provided that they do not together occupy more than one-third (1/3) of the length of the building wall.
(10)
Patios and open porches. Patios and open porches may be located in side and rear yards not closer than three feet to any adjacent property line. If located closer than eight feet, they shall be screened as outlined in Subsection D(6). In case of a corner lot, they shall not reduce the side yard on the side street below the required width.
E.
Two or more buildings on a lot. Two or more principal buildings located on a parcel in single ownership shall conform to all the requirements of this chapter which would normally apply to each building if each were on a separate zone lot.
F.
Corner lots. No obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height shall be erected or maintained on any lot within the triangle formed by the street intersection and a line drawn between points along two street lines 30 feet from the intersection. This subsection shall not be construed to be applicable to utility poles used in rendering public service.
G.
Through lots. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the widest street shall be deemed the street upon which the property fronts. No principal structure shall be erected on the rear of the lot, except as specified in § 220-18E.
H.
Accessory structures. All accessory structures shall conform with the minimum yard regulations established in Schedule 2,[3] except as permitted below:
(1)
Attached accessory structures. Accessory structures which are attached to the principal building shall comply with all of the yard requirements for the principal structure.
(2)
Unattached accessory structures in R Districts. Accessory structures not attached to a principal structure in an R District may be erected within the required side and rear yards of a principal structure, provided that it conforms with the following:
(a)
Maximum height: one and one-half (1 1/2) stories or 15 feet in height.
(b)
Distance from side lot line: not less than five feet from the side lot line.
(c)
Distance from side yard (corner lot): same as for principal structure.
(d)
Distance from rear lot line: not less than five feet from the rear lot line, except when the structure abuts an alley, then 10 feet shall be required.
(e)
Distance from principal structure: not less than 10 feet from a principal structure.
(3)
Contradictory info. All other zoning and building issues relative to accessory structures are covered in Schedule 2.
[Amended 2-12-2018 by Ord. No. 866]
(4)
Number of accessory structures limited. No more than two accessory structures, including a private garage, are permitted on each residential zone lot.
[3]
Editor's Note: Schedule 2 is included at the end of this chapter.
I.
Fences in residential sections. All fences in residential neighborhoods shall conform to § 220-18D(5), (6) and (8), in addition to the following:
[Added 7-9-1985 by Ord. No. 349]
(1)
Construction and erection of new fences shall require a building and zoning permit from the Code Enforcement Officer.
(2)
Front yard fences in residential sections shall not exceed four feet in height and must be constructed of decorative materials such as picket, aluminum, vinyl, steel, iron, wood or other material as approved by the Code Enforcement Officer. Chain link is not considered decorative material.
[Amended 2-14-2005 by Ord. No. 714]
(3)
Fences shall be maintained in good condition to meet the following minimum standards:
(4)
Any and all types of barbed wire, whether used solely as fencing or to be placed on top of fencing in residential neighborhoods, are prohibited.
(5)
Any fences within the City of Pottsville currently not in conformance with these standards must be brought into compliance within one year of the passing of this section.
(6)
Fences are not to be built over an easement unless a gate with access to the easement is provided.
[Added 2-14-2005 by Ord. No. 714]
§ 220-19 Public and semipublic uses.
A.
Appropriate public uses.
(1)
When any appropriate public use, as enumerated in Use Class 19, is permitted by the Board as a special use, it shall comply with the following lot, yard and building regulations:
(2)
The Board may impose additional or more restrictive conditions if warranted by the character of the area in which such uses are proposed or by other special factors.
(3)
Such uses shall also be located on a street having a pavement at least 30 feet wide and shall maintain a ten-foot-wide landscaped strip on all sides abutting or facing an R District.
B.
Community buildings, social hall, lodges, fraternal organizations, clubs and other noncommercial recreational establishments.
(1)
All buildings must be a minimum of 20 feet from the rear lot line.
(2)
There shall be no external evidence of any gainful activity. Access to any space used for gainful activity shall be from within the building.
(3)
Any such use shall be located on a street having a pavement width of at least 30 feet or shall be able to provide access without causing heavy traffic on local residential streets.
(4)
Applicants shall prove that such uses proposed to be located in R Districts will serve primarily the residents of the surrounding neighborhood and that no other satisfactory location exists.
C.
Nursery school, day-care center for more than five children. Such uses shall maintain screening on any property line abutting an R District and shall require a minimum ten-thousand-square-foot lot.
§ 220-20 Recreation uses.
A.
Commercial recreation uses. Such places of amusement shall provide parking with ingress designed to minimize traffic congestion, shall conform to the yard regulations of the district in which they are located, shall provide adequate screening from abutting residential property and shall show that adequate controls have been taken to prevent offensive noise, vibration and other nuisance conditions.
B.
Outdoor recreation facilities. Outdoor recreation facilities located on a residential zone lot in an R District shall be restricted to the use of the owner-occupant and/or members of his family. This provision shall not apply to public recreation facilities authorized in R Districts as Class 19 uses. In all cases however, lights used to illuminate outdoor recreation facilities shall not be directed at adjoining residential zone lots.
C.
Drive-in theaters. Drive-in theaters shall be subject to the following regulations:
(1)
Drive-in theaters shall be situated on a zone lot of 10 acres or more and shall be located not closer than 300 feet to any residential structure.
(2)
The movie screen shall face away from any public highway, and the external boundaries shall be landscaped so as to obscure structures and parking areas from public streets and adjoining properties.
(3)
Lights shall not be directed on adjoining property, streets or highways.
(4)
Interior vehicular circulation shall be one-way only.
(5)
Surface drainage shall be such that adjoining properties, streets or highways shall not be subjected to damage.
D.
Outdoor dining and/or entertainment facility. Such facilities shall be subject to the following regulations:
[Added 1-13-2020 by Ord. No. 878]
(1)
A traffic impact study and a parking demand analysis where applicable.
(2)
The site shall have frontage on and direct vehicular access to a public road.
(3)
Ingress, egress, and internal traffic circulation, where applicable, shall be designed to minimize congestion during peak usage of the facility.
(4)
Where feasible, all property lines that adjoin residential uses or residential zoning districts shall be screened with four six-foot-high fences, or a visual screen of shrubs equal to the height of a fence shall be placed at intervals to ensure adequate screening. Fences and/or landscaping shall be maintained not greater than 15 feet or less than 10 feet from the property line separating the uses.
(5)
In all cases, no direct beams or rays of light from lights used to illuminate outdoor dining and/or entertainment facilities shall be permitted to shine into the private living areas and associated open spaces of adjacent residential properties or residential zone lots.
(6)
Locations of buildings and structures, traffic circulation and parking lots shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
§ 220-21 Conversions in R Districts.
A.
Dwelling structures may be converted into the following maximum number of dwelling units according to the specifications listed in Table 1 below:
Table 1 | |||
|---|---|---|---|
Dwelling Unit Conversions | |||
District | Maximum Dwelling Units Permitted | Lot Area per Unit (square feet) | Minimum Floor Area per Unit (square feet) |
R-1 | 4 | 3,000 | 600 |
R-1A | 6 | 2,500 | 500 |
R-2 | 8 | 2,000 | 400 |
S-1 | 4 | 3,000 | 600 |
B.
For each unit created through conversion, one off-street parking space shall be provided on the zoned lot.
[Amended 2-12-2018 by Ord. No. 866]
C.
No commercial or manufacturing structure shall be converted into a dwelling structure. No structure which was so converted may be further converted to provide for additional dwellings.
§ 220-22 Off-street loading and parking.
A.
Off-street loading.
(1)
Number of loading spaces required. Every building which requires the receipt or distribution by vehicles of material or merchandise shall provide off-street loading berths in accordance with Table 2 below.
Table 2 | ||
|---|---|---|
Off-Street Loading Space Requirements | ||
Use | Square Feet of Floor Area | Required Off-Street Loading Berths |
Schools | 15,000 or more | 1 |
Hospitals (in addition to space for ambulance) | 10,000 to 300,000 | 1 |
For each additional 300,000 or major fraction thereof | 1 additional | |
Undertakers and funeral parlors | 5,000 | 1 |
For each additional 5,000 or major fraction thereof | 1 additional | |
Hotels and offices | 10,000 or more | 1 |
Commercial, wholesale, manufacturing and storage | 10,000 to 25,000 | 1 |
25,000 to 40,000 | 2 | |
40,000 to 60,000 | 3 | |
60,000 to 100,000 | 4 | |
For each additional 50,000 or major fraction thereof | 1 additional | |
(2)
Size and location. Each loading space shall be not less than 10 feet in width, 25 feet in length and 14 feet in height and may occupy all or part of a required yard.
B.
Off-street parking.
(1)
Number of parking spaces required. In all districts, except the C-3 Districts at the time any building or structure is erected, enlarged or increased in capacity, off-street parking spaces open to the public shall be provided as set forth in Table 3 below.
(2)
Size. Each off-street parking place shall have an area of not less than 180 square feet, exclusive of access drives or aisles, in usable shape and condition. Except in the case of dwellings, no parking area shall contain fewer than three spaces.
(3)
Access.
(a)
There shall be adequate ingress and egress to all parking spaces. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive not less than 10 feet in width in the case of a dwelling and not less than 20 feet in width in all other cases, leading to the parking or storage areas or loading spaces.
(b)
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.
(4)
Location of facilities. Off-site facilities shall be located on the same zone lot as the use to which they are accessory or else within a radius of 400 feet. They must also be in the same ownership as the use to which they are accessory, subject to deed restrictions filed in an office of record, requiring the maintenance of the required number of spaces throughout the life of the use.
(5)
Modification of parking requirements. The Zoning Hearing Board may authorize, on appeal, a modification, reduction or waiver of the foregoing parking requirements in exceptional cases of use, zone lot size or shape or other unusual situations.
[Amended 12-12-1994 by Ord. No. 526]
C.
Joint facilities for parking or loading. Off-street parking and loading facilities may be provided jointly for separate uses if approved by the Zoning Hearing Board. The total number of spaces shall not be less than the sum of the separate requirements for each use and shall comply with all regulations governing location of accessory spaces.
[Amended 12-12-1994 by Ord. No. 526]
D.
Development of parking and loading areas including commercial parking lots, automobile or mobile home sales lots.
Table 3 | |
|---|---|
Off-Street Parking Space Requirements* | |
[Amended 10-11-1977 by Ord. No. 227-77] | |
Use | Required Parking Spaces |
Bowling alleys | 5 for each alley |
Churches and schools | 1 for each 5 seats in an auditorium or 1 for each 17 classroom seats, whichever is greater |
Community buildings and social halls | 1 for each 100 square feet of floor area |
Residential dwelling [Amended 2-12-2018 by Ord. No. 866] | 1 space for each family or dwelling unit, except for elevator units for the elderly where 1 space for every 3 dwelling units shall be required. |
Commercial district [Added 2-12-2018 by Ord. No. 866] | 1 off-site space for each dwelling unit which may be off-site space designated in a written rental agreement. Each off-site parking space must be provided in a written agreement which must be kept current and in force at all times. |
Funeral homes, mortuaries | 5 for each parlor |
Hospitals, extended-care facilities, nursing and convalescing homes [Amended 3-9-1998 by Ord. No. 591] | 1 for each 3 beds, plus 1 for each employee |
Rooming houses and dormitories | 1 for each 2 bedrooms |
Manufacturing plants, research or testing laboratories, bottling plants | 1 for each 1,000 square feet of floor area, plus 1 for each 4 employees in the maximum working shift. The total parking area shall not be less than 25% of the building floor area. |
Medical or dental offices | 5 spaces for each doctor or dentist |
Hotels [Amended 1-13-2020 by Ord. No. 878] | 1 space for every living or sleeping room and 1 space for each employee on duty during the hotel's peak employment shift, plus sufficient additional spaces as are required to provide for the patrons of the hotel, restaurants, bars, conference rooms or any use that is open to the general public |
Restaurants, beer parlors and nightclubs | 1 for each 2.5 seats |
Retail stores, shops, etc., in a C-1 or C-2 District | 1 for each 300 square feet of floor area where the floor area shall exceed 1,000 square feet |
Banks or professional offices | 1 for each 300 square feet of floor area |
Sports arenas, auditoriums, theaters, assembly halls | 1 for each 3.5 seats |
Wholesale establishments or warehouses | 1 for each 2 employees on maximum shift. The total parking area shall not be less than 25% of the building floor area. |
Motels | 1 space for each living or sleeping unit |
Adult entertainment services | 1 space for each 200 square feet of floor area |
*NOTE: Where a use is not specifically mentioned in this table, the requirements for similar uses listed shall apply. |
(1)
Screening and landscaping. Off-street parking areas for more than five vehicles and off-street loading areas shall be effectively screened on each side which adjoins or faces residential or institutional premises situated in any R District.
(2)
Minimum distances and setbacks. Off-street loading and parking areas may be developed in any required front, side or rear yard; provided, however, that such areas designed for use by five or more vehicles shall not be located closer than 10 feet to any dwelling school, hospital or similar institution.
(3)
Surfacing. Surfacing shall consist of an asphaltic or portland cement binder pavement (or similar durable and dustless surface), graded and drained to dispose of all surface water and designed to provide for orderly and safe loading and parking.
§ 220-23 Signs.
[Amended 2-11-1986 by Ord. No. 358]
A.
Scope and applicability. In all zones, signs may be erected, altered, maintained, used and removed only in compliance with the provisions of this Article, the provisions of other Articles of this chapter and other regulations of the city relating to the erection, alteration, maintenance, use, removal or moving of signs and similar devices.
B.
General regulations.
(1)
No sign shall be erected containing information on it which states or implies that a property may be used for any purpose not permitted under the provisions of this chapter in the zone in which the property to which the sign relates is located.
(2)
Signs advertising a use no longer in existence or a product no longer available shall be removed or changed to advertise the new use or product within six months after cessation of the original use.
(3)
No sign shall be placed in such a position that it will cause danger to traffic on a street or which is entering a street by obscuring the view. In no case shall any sign, other than an official sign, be erected within the official right-of-way of any street unless specifically authorized by other ordinance or regulations of the city.
(4)
Advertising signs shall conform to the yard, height and area requirements of the zone in which they are located.
(5)
Flat wall and projecting signs as permitted within this chapter which project into any public right-of-way shall be erected with the bottom of the sign at least 10 feet above the level of the road center line or public way, whichever is higher.
(6)
Real estate signs may be permitted within the property lines, advertising the prospective or completed sale or rental of the premises upon which it is located, not exceeding eight square feet in area within any residential district, 15 square feet in area in Commercial Zone C-3 and not exceeding 32 square feet in area in all remaining districts, and provided that it shall be maintained and removed within 30 days after consummation of a lease or sale transaction.
(7)
Temporary signs shall be permitted on nonresidential properties only for a total period not to exceed 90 days in any calendar year, provided that they do not exceed 32 square feet in area and are removed promptly after the conclusion of the campaign or event. The 90 days shall be cumulative, and any part of a day shall count as a full day.
(8)
Nonilluminated temporary signs on new construction sites not exceeding 130 square feet in total area shall be permitted, provided that they shall be removed within 30 days after completion of the construction work, and not more than one sign shall be placed on each street frontage of the construction site.
(9)
Wall and projecting signs shall not project above the highest point of the structure upon which they are attached or located.
(10)
Signs existing at the time of passage of this chapter which do not conform to the requirements of the chapter shall be considered nonconforming. However, nonconforming signs may be repainted or repaired (including lighting), provided that such repainted, repaired signs do not exceed the dimensions of the existing sign. Copy may also be changed. Nonconforming signs, once removed for a period of 60 days, may be replaced only with signs which conform to provisions of this chapter. Temporary signs are excluded from this subsection; refer to Subsection B(7) above.
C.
Prohibited signs.
(1)
The following signs are prohibited in all districts:
(a)
Signs which in any way simulate official, functional, directional or warning signs erected or maintained by the State of Pennsylvania or any county or municipality thereof or by any railroad or public utility or similar agency concerned with the protection of public health or safety.
(b)
No sign, except such directional devices as may be required by federal and state aviation authorities, shall be placed, inscribed or supported upon the roof or upon any structure which extends above the roof of any building.
[Amended 2-12-2018 by Ord. No. 866]
(c)
Handwritten signs. All signs must be set forth in written text and of handwritten signs are prohibited.
[Amended 2-12-2018 by Ord. No. 866]
(2)
Advertising signs (billboards) shall not be permitted to be erected in any residential district, Commercial Districts C-1, C-3 and C-4 or Industrial Districts M-1 and M-2. In other commercial districts, advertising signs shall be restricted and controlled as provided in this Article and other Articles of this Zoning Chapter.
(3)
No sign except a wall sign or projecting sign, as defined herein, shall be permitted to have any portion thereof extending into the public right-of-way in excess of 36 inches, except as hereinafter modified.
D.
Signs in all residential districts and special purpose districts. Within Districts R-1, R-1A, R-2 and S-1, none other than the following signs shall be permitted and no sign shall be erected or altered in whole or in part unless it complies with the following regulations:
(1)
Nonadvertising signs, situated within the property lines and not exceeding two square feet in area, such as "No Trespassing," "Private Drive," nameplate signs, traffic directional signs, professional office identification signs, etc.
(2)
Identification signs for churches, hospitals, schools, playgrounds, parks and other public uses, not to exceed 20 square feet in area.
(3)
Signs identifying a permitted office or use and situated within the property lines of the premises they identify and not exceeding two square feet in area.
(4)
Signs advertising private clubs, lodges and other similar permitted uses and situated within the property lines of the premises to which they relate and not exceeding 12 square feet in area.
(5)
Signs prohibiting or otherwise controlling trespassing upon particular premises or indicating the private nature of a road, driveway or premises, provided that the area of any such sign does not exceed two square feet.
(6)
Signs prohibiting or otherwise controlling fishing, hunting, etc., upon particular premises, provided that the area of any such sign does not exceed two square feet.
(7)
One project identification sign on each side of a multifamily development which has frontage on a public street, which may bear only the name of the project, the address and the presence or lack of vacant units. Such signs shall not exceed 50 square feet in total area on either side and six feet in height and shall be situated within the building line.
E.
Signs in commercial districts. Within these districts, no sign shall be erected or altered in whole or in part unless it complies with the following regulations:
(1)
In Neighborhood Commercial District C-1, none other than the following signs shall be permitted:
(a)
Applicable signs as permitted in residential districts.
(b)
Each permitted use may have one wall identification sign located on or attached to each street and entrance facade of said use. Each sign shall not exceed 30 square feet in area.
(c)
Signs required by law to be exhibited by the occupants of the premises.
(2)
In Commercial District C-3, none other than the following signs shall be permitted:
(a)
Applicable signs as permitted in residential districts.
(b)
Each permitted street level use may have one wall and one projecting identification signs located on or attached to each street and entrance facade of said use. No sign shall project more than 36 inches into the public right-of-way. Total sign area for each use shall not exceed an area equal to two square feet for each one foot of street frontage occupied by such use. The combined sign areas shall not exceed a maximum of 60 square feet on any one street or entrance facade.
(c)
Each permitted upper or lower level use, having no street level space other than an entrance, may have one wall and one projecting identification sign located on or attached to each street and entrance facade of said use. Such signs shall not project more than 36 inches into the public right-of-way.
(d)
A single use occupying an individual property may have one freestanding pole or ground identification sign, provided that such sign shall not exceed 60 square feet, shall be erected with the bottom edge of the sign at least 10 feet above the level of the street center line or public way, whichever is higher, and shall be within the property lines of the premises to which it relates.
(e)
In the case of a group of different uses occupying a single property, a freestanding pole, ground identification or projecting sign may be permitted with individual signs identifying different establishments. Such freestanding signs shall meet the requirements as described in Subsection E(2)(d) above. Projecting signs shall be aligned vertically and not staggered on the face of the building. Multiple signs shall be grouped or affixed together.
(f)
Signs required by law to be exhibited by the occupants of the premises.
(3)
In Commercial Districts C-2 and C-4, none other than the following signs shall be permitted:
(a)
Applicable signs as permitted in residential districts.
(b)
Each permitted use may have one wall and one projecting identification sign located on or attached to each street and entrance facade of said use. Such signs shall not project more than five feet beyond the required setback line nor more than three feet beyond the face of the building. Such aggregate sign area shall not exceed 150 square feet in area.
(c)
Each permitted use may have one freestanding pole or ground identification sign, provided that such sign shall not exceed 60 square feet in total area, shall be erected with the bottom of the sign at least 10 feet above the level of the street center line or public way, whichever is higher, or be set back from the property line a distance not less than 50% of the required front yard. No such sign shall extend more than 25 feet above the level of the street center line.
(d)
Signs required by law to be exhibited by the occupants of the premises.
(e)
In addition to above cited business or identification signs, advertising sign structures shall be permitted in Commercial Zone C-2, provided that they are limited to not more than one for 100 feet of street frontage of the lot or more and to only one additional for each additional 300 feet of lot frontage. Signs shall be spaced a minimum of 200 feet apart unless they share the same structure. This distance shall be computed from the point closest to the adjacent sign; no more than two advertising messages shall be permitted for each facing of the sign structure. In no event shall the sign exceed a vertical dimension of 25 feet above the grade of the lot. However, where a lot is below the street grade, the vertical dimension may not exceed 25 feet above the street grade. No sign shall exceed 40 feet in width. Such signs shall meet building setback requirements.
(f)
No advertising sign shall be permitted to be erected within 50 feet of an adjoining residential zone.
(g)
No advertising signs shall exceed 200 square feet in total area.
F.
Signs in Manufacturing M-1 and M-2 Districts. Within these districts, no sign shall be erected or altered, in whole or in part, unless it complies with the following regulations:
(1)
In Manufacturing Districts M-1 and M-2, none other than the following signs shall be permitted:
(a)
Applicable signs as permitted in residential zones.
(b)
Each permitted use may have one wall identification sign located on or attached to each street side of said use. Such signs shall not exceed an area equal to 10% of said wall area, including window and door area, on which or in front of which they are displayed; however, aggregate sign area per wall shall never exceed 200 square feet in area.
(c)
Each permitted use may have one freestanding pole or ground identification sign, provided that such sign shall not exceed 100 square feet in total area, shall be erected with the bottom of the sign at least 10 feet above the level of the street center line or the public way, whichever is higher, or be set back from the property line a distance not less than 50% of the required front yard. No sign shall extend more than 25 feet above the level of the street center line or the public way, whichever is higher.
(d)
Signs required by law to be exhibited by the occupant of the premises.
G.
Exceptions. The provisions of this Article shall not apply to the following signs:
(1)
Interior signs which are not visible from a public right-of-way or an adjoining property.
(2)
Official notices of any court or public office and legal notices posted pursuant to law or ordinance.
(3)
Cornerstones or tablets built into or attached to the wall of a building providing customary information on building erection or commemorating a person or event.
(4)
Public service company signs as aids to safety or service.
H.
Sign size computation.
(1)
The size of any sign shall be computed by multiplying its greatest height by its greatest length, exclusive of supporting structures, unless such supporting structure is illuminated or is in the form of a symbol or contains advertising copy. In the case of signs that have no definable edges, such as raised letters attached to a building facade, the sign size shall be that area within a single continuous perimeter enclosing the extreme limits of the actual message or copy area.
(2)
Multiple-side signs carrying the same message on all sides shall be considered to be of a size equivalent to the size of one face. When there is a different message on any side, then each side will be considered as an individual sign.
§ 220-24 Regulations applying to other miscellaneous uses.
A.
Animal hospital and boarding kennels shall be located no closer than 100 feet to any residential dwelling, restaurant or hotel in any district where permitted and shall show that adequate measures and controls have been taken to prevent offensive noise and odor. No incineration of refuse shall be permitted on the premises.
B.
Home occupations. A home occupation shall be an incidental use of the dwelling unit conducted only by residents of the building, who may not employ more than two additional nonresident persons. The following additional conditions shall be fulfilled.
(1)
Where permitted. A home occupation shall be permitted within a single dwelling unit or in an accessory building, provided that only one home occupation per dwelling unit shall be permitted.
(2)
Evidence of use. No evidence of the home occupation shall be permitted with the exception of signs as outlined in § 220-23.
(3)
Extent of use. Not more than 20% of the gross floor area of any dwelling unit may be used for a home occupation, except for medical and dental offices and foster family care, which may use up to 50%.
(4)
Permitted uses. Not more than one of the following:
(a)
Medical, dental and other professional, real estate, insurance and other similar offices (not to include barber or beauty shops), in accordance with the provisions for off-street parking.
(b)
Rooming and/or boarding of not more than two persons (not to include the rooming, boarding and/or care of diseased or mentally ill persons).
(c)
Custom dressmaking, tailoring and millinery.
(d)
Foster family care for not more than four children simultaneously.
(e)
Tutoring for not more than four students simultaneously, but not including music, dancing or business schools or similar activities.
C.
Junkyards and similar storage areas, including automobile wrecking. No new junkyards or similar storage areas shall be permitted within the city limits from the date of passage of this chapter. Such uses existing at said date of adoption may continue their operations as nonconforming uses, but shall terminate within one year unless they comply with the following provisions:
(1)
All junkyards and similar storage facilities shall be completely enclosed by a fence or wall at least six feet in height.
(2)
No highly inflammable or explosive material shall be stored in bulk above ground, with the exception of fuel tanks or drums which are directly connected with heating appliances.
(3)
All materials or wastes causing fumes or dust, constituting a fire hazard or attractive to rodents or insects may be stored outdoors only in enclosed containers.
D.
Excavation of topsoil, gravel or mineral deposits. Any excavations for the removal of topsoil, gravel or mineral deposits of any kind must be enclosed by a fence located at least 10 feet from the sides or perimeter of the excavation. All such excavations must be adequately drained to prevent the formation of pools of water. The side walls of all such excavations shall slope at an angle no steeper than one foot of vertical distance for each two feet of horizontal distance. A rock crusher or processing plant shall not be located nearer than 500 feet from any adjoining residence.
E.
Strip mining operations.
(1)
Strip mining a temporary use of land. Strip mining operations shall be considered a temporary use of land and may be permitted as a special use only in the S-1 and M-2 Districts.
(2)
Zoning permits required for strip mining operations. No strip mining operations shall be undertaken without a zoning permit authorized by the Board.
(3)
Compliance with state regulations. No permit issued under the provisions of this chapter shall become effective until any license or permit required from the Commonwealth of Pennsylvania is obtained.
F.
Mobile homes. Mobile homes are not permitted in any location in the City of Pottsville.
G.
Automobile service, parking garages and parking lots.
[Amended 3-10-1997 by Ord. No. 573]
(1)
Location of exits and entrances. No vehicular entrance and/or exits shall be permitted within 50 feet along the same side of a street of any school, public playground, church, hospital, public library, institution for dependents or children, except where such property is in another block or on another street on which the zone lot does not abut. Such access shall not be closer to the intersection of any two street lot lines than 30 feet.
(2)
Location of appliances or pits. All automotive servicing pits shall be located entirely within a building.
(3)
Regulations of parking garages and parking lots. The City Council of the City of Pottsville may regulate the additions, construction and renovations of parking lots and parking garages, private and/or public, within the city limits and within any district of the City of Pottsville, including the Historic District of the City of Pottsville, and may from time to time as the City Council deems appropriate by resolution temporarily suspend any and all construction, renovations and additions to parking lots and parking garages, public and private, in any and all areas the City Council deems appropriate within the city limits of the City of Pottsville for the purpose of maintaining said properties pursuant to § 220-2 of this chapter.
§ 220-24.1 Windmills/wind generators.
[Added 6-8-2009 by Ord. No. 779]
A.
Purpose. The purpose of this section is to promote the effective and efficient use of wind energy conversion systems (WECS) and to regulate the placement of wind energy conversion systems so that the public health and safety will not be jeopardized.
B. WIND ENERGY CONVERSION SYSTEM (WECS)
Definition. As used in this section, the following terms shall have the meanings indicated:
A machine that converts the kinetic energy in the wind into a usable form (commonly known as a "wind turbine" or "windmill"). The WECS includes all parts of the system and the transmission equipment; the turbine or windmill may be on a horizontal or vertical axis, rotor or propeller.
C.
Windmills/wind generators regulations.
(1)
WECS may be permitted in any district upon the approval of a special use by the Planning Commission and Zoning Hearing Board.
(2)
No WECS shall be erected until final site plan approval has been granted by the Planning Commission and permits issued by all government agencies involved.
(3)
In addition to the requirements for special use outlined in the City of Pottsville Zoning Ordinance, Chapter 220, Article IV, § 220-11C, the site plan shall also show:
(a)
Location of the tower on site and tower height, including blades.
(b)
Underground utility lines within a radius equal to the proposed tower height, including blades.
(c)
Dimensional representation of the various structural components of the tower construction, including the base and footings.
(d)
Design data indicating the basis of design, including manufacturer's dimensional drawings, installation and operation instructions.
(e)
Certification by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind-load requirements for structures as established by the Pennsylvania Uniform Construction Code.
(4)
No WECS, including blades, shall extend more than 50 feet above the average ground level of the permanent structure, except that tower height may exceed 50 feet by approval of the Zoning Hearing Board.
(5)
No WECS shall be erected in any location where its overall height, including blades, is greater than the distance from its baseline to any property line.
(6)
Access to the tower shall be limited either by means of a fence six feet high around the tower base with a locking gate, or by limiting tower-climbing apparatus to no lower than 12 feet from the ground.
(7)
No WECS shall cause interference with radio or television broadcasting or reception or cause excessive noise exceeding that of the ambient level of noise at the property line.
(8)
No television, radio or other communication antenna may be affixed or otherwise made a part of the windmill.
(9)
WECS shall be located or installed in compliance with the applicable guidelines of the Federal Aviation Regulations.
(10)
No WECS shall be installed in a location where the impact on the neighborhood character is determined by the Zoning Hearing Board to be detrimental to the general neighborhood character.
(11)
If the WECS is to be interconnected to an electric utility distribution system, the applicant shall provide evidence of approval for the proposed interconnect by the Electric Utility Company.
(12)
Towers shall be located in rear yards and screened as determined appropriate by the Zoning Hearing Board.
(13)
Guy wires and anchors for towers shall not be located closer than 10 feet to any property line.
(14)
All WECS shall be designed with an automatic brake to prevent over-speeding and excessive pressure on the tower.
(15)
The minimum distance between the ground and any protruding blades shall not be less than 25 feet as measured at the lowest point of the arch of the blade.
(16)
Every two years the owner shall submit a structural report to the Building Inspector attesting to the structural integrity of the wind generator, tower and/or support system.
(17)
The Building Inspector may cause the owner or operator to remove the windmill/wind generator, including all appurtenances thereto, if the system or systems are not maintained in operational condition for a period of one year or more.
(18)
The owner or operator of the WECS shall maintain a current insurance policy on the WECS at all times. Said policy shall provide a minimum of $500,000 in property and personal liability coverage.