Schuylkill Haven City Zoning Code
ARTICLE III
Districts
§ 210-301 Designation of districts.
A.
For the purpose of this chapter, the Borough of Schuylkill Haven is hereby divided into the following zoning districts:
R-1 | Residential District |
R-2 | Residential District |
R-3 | Residential District |
C-1 | Commercial District |
C-2 | Commercial District |
P/C | Public/Conservation |
I-1 | Industrial District |
B.
For the purposes of this chapter, the zoning districts named in § 210-301A shall be of the number, size, shape and location shown on the Official Zoning Map. Any use of the abbreviations listed in § 210-301A shall mean the district name that is listed beside the abbreviation.
C.
Floodplain. The floodplain area in Article V of this chapter shall serve as an overlay area to all of the underlying districts.
D.
Purpose of each district. In addition to purposes stated in the Comprehensive Plan, the purposes of each zoning district are summarized below:
(1)
R-1 District. To delineate those areas where predominantly residential development has occurred or will be likely to occur in accordance with the Comprehensive Plan for the Borough.
(2)
R-2 District. To protect the integrity of residential area by prohibiting the intrusion of incompatible nonresidential uses, and by requiring standards of land use and lot and building size and bulk which more accurately reflect existing development.
(3)
R-3 District. To delineate those areas where mobile homes may be permitted while protecting the character and integrity of surrounding uses.
(4)
C-1 District. To delineate a centralized area where shopping, recreation and cultural facilities are provided for the Borough as a whole, and to designate those areas in the Borough generally within walking distance of the major residential areas for convenience goods and services which will serve the every day needs of the residents and auto- and highway-user-related services.
(5)
C-2 District. To provide for a range of needed commercial uses in locations that are less likely to involve conflicts with existing residences and that have excellent access to major highways. To use special care and control on access onto arterial and collector streets to avoid traffic hazards. To avoid very large commercial developments that are likely to attract high amounts of new traffic from outside of the Borough. To carefully control uses to protect the public health and safety.
(6)
Public/Conservation. To provide for the opportunity for development public use of the Island. Development will serve to promote public use of the Island along with promoting conservation of its environmentally sensitive areas while offer seeking educational and interpretative opportunities.
(7)
I-1 District. To designate those areas in the Borough best suited for industrial development because of location, topography, existing facilities, and the relationship to other land areas.
§ 210-302 Applicability of district regulations.
A.
The regulations set by this chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this chapter.
B.
No structure or land shall hereafter be erected, used, constructed, reconstructed or structurally altered and no structure or part thereof shall hereafter be used or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.
C.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein excepted as noted in Article III. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
§ 210-303 Zoning Map.
A.
A map entitled "Borough of Schuylkill Haven Zoning Map" accompanies this chapter and is declared a part of this chapter. At least one copy of an Official Zoning Map, which should bear the adoption date of this chapter and the words "Official Zoning Map," shall be retained in the Borough Hall.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B.
Map changes. Changes to the boundaries and districts of the Zoning Map shall only be made in conformity with the amendment procedures specified in the PA Municipalities Planning Code.[2] All changes should be noted by date with a brief description of the nature of the change, either on the map or within an appendix to this chapter.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 210-304 District boundaries.
The following rules shall apply where uncertainty exists as to boundaries of any district as shown on the Zoning Map.
A.
District boundary lines are intended to follow or be parallel to the center line of street rights-of-way, waterways and railroads, and lot lines as they existed on a recorded deed or plan of record in the County Recorder of Deeds' office at the time of the adoption of this chapter, unless such district boundary lines are fixed by dimensions or other specific notations as shown on the Official Zoning Map.
B.
Where a district boundary is not fixed by dimensions and where it approximately follows lot lines, such boundary shall be construed to follow such lot lines unless specifically shown otherwise.
C.
The location of a district boundary on unsubdivided land or where a district boundary divides a lot shall be determined by the use of the scale appearing on the maps unless the same is indicated by dimensions.
D.
Where a municipal boundary divides a lot, the minimum lot area and lot width shall be regulated by the regulations of the municipality in which the principal use is located, unless otherwise provided by applicable case law.
§ 210-305 Setbacks and buffers across municipal boundaries.
A.
Intent. To seek compatible land use patterns across municipal boundaries.
B.
Where this chapter requires additional setbacks and the provision of buffer yards when certain uses abut an existing dwelling or a residential district, the same additional setback and buffer yard provisions shall be required when these certain uses are proposed within the Borough of Schuylkill Haven if they would abut such an existing dwelling or primarily residential zoning district that is located in an abutting municipality.
§ 210-306 Table of permitted uses by district.
A.
For the purposes of this § 210-306, the following abbreviations shall have the following meanings:
P | = | Permitted by right (zoning decision by Zoning Officer). |
C | = | Conditional use (decision by the Borough Council with review by Planning Commission). |
N | = | Not permitted. |
S.402 | = | See additional requirements in § 210-402. |
S.403 | = | See additional requirements in § 210-403. |
B.
Unless otherwise provided by law or specifically stated in this chapter, including § 210-105B, any land or structure shall only be used or occupied for a use specifically listed in this chapter as permitted in the zoning district where the land or structure is located.
(1)
See provisions for similar uses in § 210-105.
(2)
Any use shall only be permitted if the use complies with all other requirements of this chapter, including, but not limited to, the environmental protection requirements of Article V.
C.
In the C-1 District, no structure shall exceed a gross floor area of 10,000 square feet, except as provided for in § 210-402 of this chapter.
D.
Permitted accessory uses in all districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use. The following are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of § 210-403 and all other requirements of this chapter:
(1)
Antennas, standard (see definition in Article II)* and antennas for emergency services.
(2)
Day-care center as an accessory use, within the limits on number of children in § 210-403.*
(3)
Fence* or wall.*
(4)
Garage sale.*
(5)
Indoor storage that is customarily accessory to a permitted use.
(6)
Keeping of pets.*
(7)
Recreational facilities, noncommercial, limited to use by employees of a lot or a development, or residents of a development and their occasional invited guests.
(8)
Residential accessory structure* (see definition in Article II).
(9)
Satellite antennas.*
(10)
Signs, as permitted by Article VII.
(11)
Swimming pool, household.*
(12)
Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Officer is clearly customary and incidental to a permitted-by-right, special exception or conditional principal use. For a skateboard ramp, see residential accessory structures in § 210-403.
* | See standard for each in § 210-403. |
E.
Permitted accessory uses to business and institutional uses. The following are permitted-by-right accessory uses only to a lawful principal business or institutional uses, provided that all requirements of this chapter are met:
(1)
Amusement machines, coin- or token-operated as accessory uses.
(2)
Food, beverage and toy machines, coin-operated.
(3)
Newspaper sales machines, coin-operated.
(4)
The following accessory uses, provided that the use is clearly limited to employees, patients, residents and families of employees of the use and their occasional invited guests:
(a)
Standard or fast-food restaurant without drive-through service;
(b)
Day-care center;
(c)
Noncommercial recreational facilities; or
(d)
Meeting facilities.
F.
Permitted essential services. The following are essential services that are permitted by right as a principal or as an accessory use in all districts:
(1)
Essential services exempt from lot area and setback requirements. The following essential services are not required to meet the accessory or principal structure setback, lot area or other lot requirements of this chapter, except that any newly created lot shall meet the applicable lot requirements if future building or subdivision of the lot would reasonably be possible for a different use.
(a)
Oil pipelines and natural gas transmission and distribution lines and accessory compressing stations.
(b)
Electrical transformers as an accessory use to dwellings.
(c)
Electrical, telephone and streetlight poles.
(d)
Electrical transmission and distribution lines and meters.
(e)
Shelters and benches for buses that transport schoolchildren or that are owned, operated or financed by a public transit authority, and that do not include off-premises signs.
(f)
Engineered retaining walls that are clearly necessary to hold back slopes.
(g)
Ramps primarily intended for handicapped access.
(h)
Ground-level porches that are not covered by a permanent roof. See § 210-803B.
(i)
Steps leading into the entrance of a building. See § 210-803B.
(j)
Construction. Temporary storage of vehicles and materials and construction office trailers that are clearly needed and being actively used for current construction on the same or an adjacent lot or within the same subdivision, provided such items are removed from the site within 30 days of completion of the portion of the construction that they relate to. These vehicles and materials shall only be stored on a lot while the related Borough construction permit is actively still in effect.
(2)
Essential services required to comply with lot area and setback requirements. The following are permitted essential services that are required (except within § 210-106) to meet all of the applicable requirements of this chapter:
(a)
Electrical substations and bulk industrial or commercial transformers that are not an accessory use to dwellings. Electric substations involving outdoor structures at least 10 feet in height shall be required to provide evergreen screening within the requirements of § 210-803 on sides that are within 150 feet of a dwelling, undeveloped residentially zoned land or an expressway or an arterial street.
(b)
Water towers (see height exemption in § 210-802), water filtration plants and pressure stations.
(c)
Solid waste bulk dumpsters and bulk compactors.
(d)
Central sewage treatment facility meeting all PA DEP and Borough regulations.
§ 210-307 Building facades.
A.
The building facade which fronts on a public street shall be considered a front building facade and shall be designed and constructed with an architectural treatment appropriate to the street.
B.
For buildings on corner lots, one of the facades of the building which front on a public street shall be designated a front building facade.[1]
[1]
Editor's Note: Former Subsections C through E, regarding permitted accessory uses and permitted essential services, which immediately followed, were redesignated as § 210-306D through F at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 210-308 Table of lot and setback requirements by district.
A.
For the purposes of this § 210-308, the following abbreviations shall have the following meanings:
CENTRAL SEWER
Service at the time of occupancy by approved central sewage service as defined in Article II.
CENTRAL WATER
Service at the time of occupancy by approved central water service as defined in Article II.
FT.
Linear feet.
NA
Not applicable.
SQ. FT.
Square feet.
B.
The following requirements shall apply for each respective district, unless a more restrictive requirement is listed for a particular use in §§ 210-402 or 210-403 or elsewhere in this chapter. See also the steep slope regulations of § 210-505 which describe when larger lots are required in areas of 15% or greater slope.
