Schwenksville City Zoning Code
ARTICLE III
Use Regulations
§ 176-300 Regulation of uses.
Except as provided for by law, no building, structure, land, lot or premises shall be used for any purposes other than as permitted in this Chapter.
§ 176-301 Purpose.
It is the intent of this Article to provide clear and specific standards for uses permitted within the various Schwenksville Borough zoning districts, including design standards for uses permitted in more than one district.
§ 176-302 Applicability and interpretation.
A.
When a use is proposed, the Zoning Officer shall make the final determination on which use classification described herein best or most closely defines or matches the use being proposed. If a proposed use meets the definition of more than one use classification, as defined herein, the most specific use classification which matches most precisely the proposed use shall be used.
B.
When a proposed use does not precisely match a use classification defined herein, the Zoning Officer shall determine which described use it most closely matches. If the principal use proposed is similar in most respects to a given described use, as determined by the Zoning Officer, then the proposed use shall be classified according to the use defined herein.
C.
All uses permitted by right, by conditional use or by special exception, shall be subject to the use regulations herein, as well as any applicable district regulations, and any other applicable provisions as are specified in this Chapter. If there is a conflict between the use regulations herein and any other applicable regulations, the more restrictive regulation shall apply, unless otherwise noted.
D.
A building, structure, lot, or premises shall be permitted only one principal use, except as may be provided for in this Chapter.
E.
A building, structure, lot, premises, or use shall not be altered, partitioned or subdivided in any manner for the purpose of creating an additional principal use, or additional accessory use, except as may be provided for in this Chapter.
§ 176-303 Permitted uses.
A.
Use by Right. In any given district, a use is permitted by right, provided it is listed as such in the district regulations, provided it can comply with the applicable use regulations stated herein, and provided a use and occupancy permit has been duly issued by Schwenksville Borough, as specified in this Chapter.
B.
Use by Conditional Use Approval. In any district, a use is permitted by Conditional Use Approval, provided it is listed and meets the conditions in the district regulations, and provided it can comply with the applicable use regulations stated herein. In addition, the use is subject to approval or denial by the Borough Council. If approved, the Borough Council may impose further conditions to insure the protection of adjacent uses and the health, safety and general welfare of the residents. Following approval and conditions of the Borough Council, the use is subject to all other applicable codes, permits, regulations, and standards expressed in this Ordinance.
C.
Use by Special Exception. In any district, a use is permitted by Special Exception, provided it is listed as such in the district regulations, and provided it can comply with the applicable use regulations stated herein. In addition, the use is subject to approval or denial by the Borough Zoning Hearing board. If approved, the Zoning Hearing Board may impose further conditions to insure the protection of adjacent uses and the health, safety and general welfare of the residents. Following approval and conditions of the Zoning Hearing Board, the use is subject to all other applicable codes, permits, regulations, and standards expressed in this Ordinance.
D.
Accessory Uses Permitted.
1.
An accessory use is permitted if it is listed as a permitted accessory use in the district use provisions. Accessory uses not listed as such are not permitted, except when the Zoning Officer determines a use qualifies as "subordinate and customarily incidental to" the principal use of the subject tract.
2.
Accessory uses, when permitted, are subject to the district regulations, the provisions of the uses regulations established herein, and all other applicable sections of this Ordinance.
E.
Uses Not Permitted. Any use not listed in the district in question as explained above is not permitted.
F.
Use by Variance. Any use not permitted in the district regulations or conforming to the use regulations or applicable provisions of this Chapter may be permitted if a variance for relief of those requirements is granted by the Borough Zoning Hearing Board. If approved, the Board may impose further conditions top ensure the protection of adjacent uses, and the health, safety and general welfare of the residents. Following approval and conditions of the Board, the use is subject to all other applicable codes, permits, regulations, and standards expressed in this Chapter.
§ 176-304 Legal status of uses.
A.
The following terminology is assigned to uses, based upon their method of institution. Refer to the Administration and the Borough Zoning Hearing Board sections of this Chapter for treatment of these various circumstances.
1.
Conforming Use: The use meets all applicable standards and regulations as established in this Zoning Ordinance.
2.
Nonconforming Use: The use does not meet all applicable standards and regulations as established in this Zoning Ordinance.
3.
Legally Nonconforming Use: The use does not meet all applicable standards and regulations as established in the Zoning Ordinance, but the use or property received the required Borough approval through the variance process; or was legally instituted prior to the adoption of this Ordinance or the applicable Zoning Ordinance standard.
4.
Illegal Use: A use which may or may not conform to zoning, but never received the appropriate Borough approval.
5.
Federal and State property is subject to the provisions of this Ordinance only insofar as permitted by the Constitution and laws of the United States and the Commonwealth of Pennsylvania.
B.
A use created by conditional use approval, special exception approval, or variance approval, may only undergo alteration, addition, expansion, or intensification of the use by reapplication and re-approval of the Body granting original approval.
C.
Any use not described, defined or permitted in this Chapter shall only be permitted in the C Commercial District by Special Exception, pursuant to § 176-1001.B.5 of this Chapter, provided that it can be demonstrated that such use is not already permitted in one of the other municipalities with which the Borough has adopted and implemented a multi-municipal comprehensive plan.
§ 176-305 Categories of permitted uses.
A.
Accessory Uses.
1.
Use A-1: Accessory Dwelling Unit. A suite, either detached from or attached to the primary dwelling unit on the lot, which shall meet the following requirements:
a.
An ADU is permitted by special exception, and only as an accessory use to a single family detached dwelling unit, provided that such use only serves as living quarters for household or domestic employees, caretakers or watchmen.
b.
An ADU is permitted by special exception, and only as an accessory use to a single family detached dwelling unit, when one separate living area including cooking facilities may be provided for no more than two persons related to the principal occupant of the single family detached dwelling by blood, marriage or adoption, and further provided that the use shall be registered with the Zoning Officer, subject to a written agreement, to be recorded, to remove said cooking facilities at the time said facilities are no longer utilized by said persons related to the principal occupant, and
c.
An ADU permitted pursuant to Subsection a or b above shall also be required to satisfy the following physical, dimensional and design standards:
I.
Maximum size of detached ADU: 450 square feet.
II.
An ADU shall not be a mobile home, motor home, or trailer.
III.
ADUs on lots less than 10,000 square feet must be attached to the principal dwelling.
IV.
Each detached ADU must have a kitchen and full bath, but no more than one bedroom.
V.
For sewage disposal, water supply, and all other utilities, ADUs shall be physically connected to those systems serving the principal dwelling. No separate utility systems or connections shall be constructed or used, and all connections must meet the applicable utility system standards.
VI.
The ADU must not have a separate address or mailbox from the principal dwelling.
VII.
When an ADU is proposed as a conversion of an existing structure, no changes shall be permitted to the area covered by the structure being converted to such use.
2.
Use A-2: Residential Accessory Structures. A building or structure erected for the private use of the owner or occupant of a single-family dwelling unit, not included in the definition of Use A-1: Accessory Dwelling Unit above, which is situated on the same lot as the residence, and used for common household purposes, storage or vehicular parking, including but not limited to a detached garage, storage shed, gazebo, deck, barn, private stables, private greenhouse, carport, or shelter for pets. Residential swing sets shall not be considered structures. The following requirements shall apply:
a.
All residential accessory structures shall require a zoning permit. Construction or alteration of residential accessory structures greater than 250 square feet or greater than 15 feet in height shall require a building permit and use and occupancy permit with inspections.
b.
The total ground floor area of all accessory structures on any one lot shall not exceed 450 square feet, unless a greater floor area is authorized by approval of a conditional use by the Schwenksville Borough Council.
c.
The maximum height of all accessory buildings shall be 15 feet and not exceeding one story unless a greater height is authorized by approval of a conditional use by the Schwenksville Borough Council.
d.
Structures accessory to a permitted use shall not be permitted within the required front yard of a lot, and, with the exception of a detached garage, shall not be permitted on that portion of the lot between the principal building and the lot line that abuts a street right-of-way.
I.
Such an accessory use shall not be permitted within 25 feet of the rear lot line adjoining the right-of-way of the arterial or collector street.
e.
Setbacks:
I.
A structure with a footprint smaller than 250 square feet shall not be constructed closer than five (5) feet from any side or rear property line, notwithstanding the principal building setback of the district. Structures shall not be constructed in the front yard.
II.
A residential accessory structure with a footprint larger than 250 square feet and/or greater than 16 feet in height shall be required to meet the principal building setbacks for the district in which it is located.
III.
Notwithstanding the above, the structure shall not be constructed closer than ten (10) feet from any other structures, whether on the same lot or on an adjacent lot.
IV.
A horse stable shall not be erected on any property less than three (3) acres in size, and shall not be located closer than twenty-five feet to any property line.
f.
If all provisions of the Zoning Chapter are satisfied, the zoning permit fee for structures less than 250 square feet may be waived; the applicant may be charged only on the basis of the building permit fee schedule.
3.
Use A-3: Non-Residential Accessory Structure: Such use shall include a detached accessory building or structure for uses customarily incidental to a non-residential use permitted in non-residential zoning districts and legally established as a principal use of the premises:
a.
For other than storage, a use accessory to a use permitted by special exception or variance shall only be established by special exception or variance hearing.
b.
The location of the accessory building shall not violate any district zoning provision or use in which it is located, or any aspect of an approved land development plan. An area already impervious, but not required for parking or other zoning use purposes will not be considered in conflict with an approved development plan.
c.
A trailer, freezer, or shipping container, whether or not removed from its wheels, shall not be used as an accessory building.
d.
An accessory building shall not be used to establish a new or unrelated use on the premises.
e.
Trash enclosures in non-residential districts must be screened according to the landscape provisions of this Ordinance. Trash enclosures in non-residential districts are not permitted in the front yard restricted area. When visible from the public street, the structure must be constructed of durable materials including but not limited to brick, stone, wood, or concrete, and heavy wood or metal for the doors.
4.
Use A-4: Bed and Breakfast Inn. A building used for the purpose of furnishing temporary lodging to guests together with food service, limited to breakfast, prepared and served on-site only to such guests, and having the owner or manager in residence on the property. Included in this definition is any such use of a dwelling or dwelling unit for short-term lodging, in which a dwelling unit is used for temporary, transient rental for occupancy for dwelling, sleeping or lodging in a household living environment for thirty (30) consecutive days or less at a time, which shall fully conform to the regulations herein. All such uses are subject to the following regulations:
a.
Minimum lot area shall be 5,000 square feet plus an additional 2,500 square feet per guest room.
b.
The lot for a bed and breakfast use must have access from a Principal Arterial road.
c.
There shall be no more than 8 guest bedrooms, accommodating no more than 16 guests at any one time; no paying guest shall stay on any one visit for more than 14 days.
d.
Meal service is limited to breakfast and shall not include the sale of alcoholic beverages. Owners shall comply with all federal, state, and local requirements for the preparation, handling, and serving of food. Meal service is not intended for the general public and shall be limited to paying overnight guests only. The rented rooms shall not contain kitchen facilities and shall not constitute separate dwelling units.
e.
At least one full bathroom (toilet, wash basin, bath and/or shower) shall be provided for each three guest bedrooms. The bathroom used by the owner-occupant may be shared with one guest bedroom, provided access is through a common area.
f.
Owner shall maintain a current guest register, subject to inspection by the Borough.
g.
Each bed and breakfast facility shall be equipped with smoke detectors and fire extinguishers in accordance with the requirements of the Pennsylvania Department of Labor and Industry and with the stipulations of the Borough Fire Code. Guest shall be provided with information regarding the floor plan of the building and the location of emergency exits.
h.
If the facility is served by an on-site sewage system, the owner must obtain written approval from the Schwenksville Borough Authority confirming the adequacy of the system to serve the increased demand resulting from the facility.
5.
Use A-5: Commercial Vehicles. The parking of pickup trucks, panel trucks, vans and similar vehicles over 3/4 ton's capacity on lots or parcels, whether containing advertising or not, which associated with or instrumental to the operation of a business. Flatbed, truck, semi- and tractor trailers designed, intended, arranged or used for hauling or transporting goods, property or equipment shall be included in this definition:
a.
Only one commercial vehicle may be parked off-street in a residential district property, provided it is kept in a garage or otherwise screened from view from a street, alley, or abutting residential property.
b.
Commercial vehicles cannot be parked in any restricted yard setback.
c.
Commercial vehicles cannot be parked on a public street except during the duration of servicing a residential property. Such a vehicle cannot be parked overnight on a public street.
6.
Use A-6: Drive-Through Facilities. A building, design, facility, or structure, or portion thereof, from which a business, product or service is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during the transaction:
a.
A minimum of three automobile waiting spaces are provided for each drive-in lane.
b.
These spaces shall not interfere with parking spaces, loading, unloading, or the internal circulation of the site.
c.
Lots fronting an arterial highway shall provide ingress to the drive-in facility from an aisleway that is no less than 12 feet in width within the interior circulation of the lot.
d.
Ingress to the drive-in-facility must occur from an aisleway within the interior circulation of the lot, and not directly from an arterial highway.
e.
Egress from the drive-in-facility shall not occur within fifteen (15) feet from a pedestrian entrance or exitway to the building.
f.
A clearly marked crosswalk located from the entryway(s) to the parking lot situated perpendicular to the drive-through stacking lane that, in addition to paint, is in a physical form sufficient to alert drivers of potential pedestrian/vehicle conflicts.
g.
A drive-through facility shall not be located within the front yard area.
7.
Use A-7: Fences and Walls. Any artificially constructed barrier or structure of any material or combination of materials, erected to enclose or screen areas of land which may be located within the yard requirement of the zoning district:
a.
No fence or wall over four feet in the front yard area, or six feet in height in either the side yard or rear yard area, except a retaining wall or a wall of a building permitted under the terms of this Chapter, shall be erected within any yard area.
b.
Fences within the front yard area are required to have a minimum open area to solid area ratio of 1:1, making the fence have a maximum opaqueness of 50%.
c.
A fence is permitted up to but not upon a property line provided that the smooth or finished side of the fence faces out.
d.
Corner properties have two front yards; one facing each street. The four (4) foot height limitation applies to both front yards.
e.
The Zoning Hearing Board may authorize the erection of walls or fences of greater height in such cases as may be necessary to provide adequate protection, shielding or screening of open storage or equipment areas as allowed in the C-Commercial District.
f.
A fence or wall may not be erected in, or interfere with the sight triangle for vehicular traffic at any intersection of streets or any street and crosswalk measured along the street center lines a distance of 75 feet from the intersection of streets.
g.
A fence may not be erected within a floodplain area, swale, or other watercourse system that impedes the flow of stormwater from the site or that of an adjoining property.
8.
Use A-8: Greenhouse, Agricultural. The raising of shrubs and trees for sale and transplantation, either outdoors or in temporary or seasonal greenhouse covering.
a.
Minimum lot area: 2 acres.
b.
Any building or structure shall be located outside yard setbacks for principal buildings for the zoning district in which the use is permitted.
c.
The impervious surface area for the lot, as required by the applicable zoning district, may be increased by a maximum of 3 percentage points.
d.
Greenhouses accessory to dwellings shall conform to the regulations of Use A-2, the use of which shall not be for profit or to the scale or manner of a business venture.
9.
Use A-9: Home Child Day-Care Facilities. A facility located in a single-family detached dwelling or in a dwelling unit other than the child's own home where the child care areas are being used as a family residence, operated for profit or not for profit, in which child day care is provided to children who are not relatives of the caregiver. Includes both family day-care (6 or fewer children) and group day-care (more than 6 children but fewer than 12):
a.
General Provisions.
I.
Categories Included. The provisions of this section pertain to day care service for children by caregivers in family and group day care homes, subject to regulations of the Pennsylvania Department of Public Welfare (DPW). Day care service for children shall include out-of-home child day care service for part of a 24-hour day for children under 16 years of age by caregivers, excluding care provided by relatives. Day care service for children shall not include babysitting or day care furnished in places of worship during religious services.
II.
Registration and Licensing. Family day care homes, as defined in this ordinance, must hold an approved and currently valid DPW registration certificate. Group day care homes, as defined in this ordinance, must hold an approved and currently valid DPW license. In addition, all child day care facilities shall comply with all current DPW regulations including those standards governing adequate indoor space, accessible outdoor play space, and any applicable state or Borough building and fire safety codes.
III.
General Safety. No portion of a child day care facility shall be located within a 300 foot distance from any potentially hazardous land use or activity which could pose a threat to the safety and welfare of the children, staff, and other occupants at the facility. Hazardous land uses or activities include, but shall not be limited to gas stations, heavy industrial operations, storage of flammable or high pressure underground pipelines, truck or rail loading areas, etc.
IV.
Hours of Outside Play. Outside play shall be limited to the hours between 8:00 a.m. and sunset, as defined by the National Weather Service.
V.
Outdoor play area. An outdoor play area, as required by DPW regulations, shall be provided for any proposed child day care facility.
a)
On-Site Outdoor Play Area. An on-site outdoor structured play area or areas of high outdoor activity shall be located within yard setback areas which provide adequate separation, safety, and protection from adjoining uses, properties, and roadways. Whenever possible, the on-site outdoor play area shall not be located in the front yard. The outdoor play area should be located immediately adjacent to the child care facility.
b)
Off-Site Outdoor Play Area. In accordance with DPW standards, a child day care facility may utilize off-site play areas in lieu of or as a supplement to an on-site play area. These standards permit the use of off-site play areas which are located within a one-half mile distance of the facility, measured from the property line of the facility. The route to the play area shall not involve the crossing of primary arterial or collector streets. Pedestrian access on sidewalks or improved walkways shall be required.
VI.
Altering Exterior of Residential Structures. Any addition or improvement to an existing residential structure or property for purposes of child day care shall preserve its residential character. The scale, bulk, height, and roof pitch of any addition and the building materials used shall be compatible with the existing structure.
b.
Family Day Care Homes.
I.
Conditional Use Standards. Family Day Care Homes shall be permitted by conditional use, provided the following additional standards are satisfied.
a)
Drop-Off Area. One on-site drop-off space for children shall be provided. An existing driveway or common parking lot space may be used as the drop-off area if it can be demonstrated that there is sufficient space available in the driveway, which is not otherwise occupied or committed, to safely accommodate a parked vehicle. If a driveway is used for the drop-off area and the proposed use fronts a primary arterial, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a drop-off area, an on-site drop off space or on-street parking space within 250 feet of the site shall be provided. The drop-off area shall conform to the Borough dimensional standards for residential parking spaces.
b)
Fencing. In order to physically contain the activity of children in the outdoor play area, a minimum four foot high fence shall be erected along the perimeter of the outdoor play area. When applicable, the fence shall be located along property lines. Natural or physical barriers, such as hedgerows, walls, or dense vegetation may be used in place of fencing so long as such barriers functionally restrict children from unsafe areas.
c)
The hours of operation shall be limited to the hours between 6:30 a.m. and 8:00 p.m.
d)
The applicant shall demonstrate that all children can safely, quickly, and easily vacate the premises in case of emergency.
c.
Group Day Care Homes.
I.
Conditional Use Standards. Group Day Care Homes shall be permitted by conditional use only, provided the following additional standards are satisfied.
a)
Minimum Lot Size. 10,000 square feet. The lot shall be subject to the standards of the zoning district in which the facility is located and the additional conditional use standards in this section, whichever are more restrictive.
b)
Minimum Distance between Facilities.
1)
Residential Zoning Districts. In order to avoid a concentration of individual group day care homes in residential neighborhoods, group day care homes shall be located a minimum of 300 feet from each other as measured from the respective property lines.
2)
Non-Residential Zoning Districts. No minimum distance requirement applies.
c)
On-Site Parking. There shall be one additional on-site parking space provided per non-resident employee above the number of spaces required for the residential use.
d)
Drop-Off Area: A drop-off area shall be provided with sufficient area to allow the temporary parking of two vehicles. An existing driveway may be used for the drop-off area if it can be demonstrated that there is sufficient space available in the driveway, which is not otherwise occupied or committed, to safely accommodate two parked vehicles. If a driveway is used for the drop-off area and the proposed use fronts a primary arterial, collector, or feeder street, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a drop-off area, two new on-site drop-off spaces shall be provided.
e)
Fencing of Outdoor Play Area. In order to physically contain the activity of children in the outdoor play area, a minimum four foot high fence shall be erected along the perimeter of the outdoor play area. When applicable, the fence shall be located along property lines. Natural or physical barriers, such as hedgerows, walls, or dense vegetation may be used in place of fencing so long as such barriers functionally restrict children from unsafe areas.
10.
Use A-10: Home Occupation. An activity, occupation, or use that is professional and office-based in nature, and clearly customary, incidental, and accessory to the use of the premises as a single family dwelling unit, and which does not alter the exterior of the property or affect the residential character of the neighborhood. Such use shall not include or consist of any use classified and defined under § 176-305.B - C, and § 176-305.E - G below, nor shall it consist of a mobile business where the primary activity of the business takes place within a motor vehicle or in temporary accommodations not within a building:
a.
Home occupations must be conducted entirely within the dwelling or accessory structures.
b.
No other persons except a resident of the dwelling shall practice the occupation herein; however, no more than one person residing off-site shall be employed by the practitioner to provide secretarial or clerical assistance on site.
c.
There shall be no use of show windows, displays, or advertising visible on the premises, including marking on vehicles parked by occupants of the premises, except as may be provided for in Article XVIII (Signs).
d.
No more than 15 percent of the gross floor area of the dwelling unit may be used for the home occupation.
e.
The home occupation shall not have any business-related exterior storage or display of goods and/or merchandise.
f.
There shall be no sale of retail goods on the premises.
g.
The home occupation shall not alter the exterior of the dwelling and accessory structure.
h.
One paved off-street parking space shall be required in addition to those required for residential dwelling use and shall not be located within the minimum front yard area prescribed for the district in which it is located. Where a home occupation necessitates creation of expanded parking area, the parking area shall be screened consistent with the requirements for parking screens in § 176-1702.I and to all applicable Subdivision and Land Development Regulations.
i.
There shall be no regular deliveries to or from a home occupation from a vehicle with more than two (2) axles.
j.
Servicing by commercial vehicles for supplies and materials, other than parcel drop-off, shall not be permitted. No home occupation shall require trash storage, trash pick-up, or sewage or water capacity in excess of that required normally in single-family residential areas.
k.
Clients are permitted by appointment between the hours of 8:00 am and 9:00 pm only, and regulated in such a fashion so that parking on-lot is available for their use.
11.
Use A-11: Livestock: The keeping of horses and livestock, excepting pigs and poultry/fowl, provided that the premises shall have a minimum lot size of three acres and provided that all buildings, pastures, yards and portions of the premises used for said animals shall be situated not less than 100 feet from any road line or property line of an adjoining lot.
12.
Use A-12: No Impact Home-Based Business. A business or commercial activity administered or conducted as an accessory use; which is clearly secondary to the use as a residential dwelling; and which involves no customer, client or patient traffic-whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises- in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
a.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
b.
The business shall employ no employees other than family members residing in the dwelling.
c.
There shall be no display or sale of retail goods, and no stockpiling of inventory, of a substantial nature.
d.
There shall be no outside appearance of a business or commercial use, including, but not limited to, parking, signage, or illumination.
e.
The business activity may not use any equipment or process which generates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio, television or broadband reception which is detectable in the neighborhood.
f.
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
g.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
h.
The business activity may not involve any illegal activity.
13.
Use A-13: Outdoor Storage and Waste Disposal. The outdoor keeping of junk, material, merchandise, abandoned or junked vehicles, or any goods in an unroofed or open area, or unenclosed building for more than 24 hours:
a.
No part of a public right-of-way, buffer area, required front yards, stormwater management systems, or required parking spaces shall be used for outdoor storage.
b.
Where permitted, outside accessory storage areas shall occupy an area less than twenty-five percent (25%) of the ground floor area of the principal building or structure.
c.
Outdoor storage area shall be shielded from public view and adjoining properties on ground level by fencing, walls, or high intensity landscaping sufficient to screen the storage area.
d.
The parking of tractor trailers, vans, and company vehicles which supply or service establishments shall only be permitted in commercial and industrial districts in the Borough.
e.
The practice of storing or depositing any abandoned or junked automobiles, vehicles, machinery or discarded equipment of any kind, or parts thereof, in or on any public or private property, vacant or occupied within the Borough of Schwenksville shall be deemed to be and constitute a nuisance and is hereby prohibited.
f.
All outdoor storage facilities for fuel, flammable or explosive materials and raw materials shall be enclosed by walls which measure a minimum of 6 feet in height in order to shield the facilities from the direct view of any adjacent property and to prevent the access of children and other members of the general public.
g.
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces. All material or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, sealed containers.
h.
All outdoor storage and/or waste disposal areas must be located within the building envelope, as created by the yard setback requirements. In addition, no outdoor storage and/or waste disposal area shall be located between the primary building(s) on a site and public streets, nor shall it be located closer than fifteen (15) feet to any side or rear property line, nor fifteen (15) feet from any structure or lot.
i.
No dangerous materials or substances, as defined herein, or wastes of any form may be stored in a floodplain area.
j.
All solid and liquid wastes shall be disposed on a timely basis and in an environmentally safe manner.
14.
Use A-14: Recreational Vehicles. A vehicle built on a single chassis; 400 square feet or less when measured at the largest horizontal projection; designed to be self-propelled or permanently towable by a light duty truck; designed primarily not for use a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
a.
Recreational vehicles may be temporarily or seasonally stored outdoors in residential zoning districts.
b.
Minimum lot area shall be 9,000 square feet.
c.
Storage of the recreational vehicle shall not diminish the required on-lot parking spaces.
d.
Recreational vehicles cannot be parked in any restricted yard setback.
e.
No such vehicle shall be parked on a public street.
f.
No more than one recreational vehicle shall be parked outside of the principal building.
15.
Use A-15: Roadside Stand: Either temporary or permanent, for the sale of agricultural and/or home products produced on the same lot on which the stand is located shall be permitted under the following conditions:
a.
A roadside stand erected upon a permanent foundation shall be erected in strict conformity with the regulations of the district wherein it is located, including all yard setbacks.
b.
A roadside stand without a permanent foundation is considered temporary, and shall be located not less than 20 feet from any street line, and shall be dismantled for a minimum of four consecutive months for every eight consecutive months erected.
c.
No stand shall be located nearer than 50 feet to any intersection.
d.
Parking for stopping vehicles shall be provided off the paved portion of the street and shall be of sufficient width so as not to interfere with the safety of traffic stopping or using the street. Parking nearer than 50 feet to an intersection shall not be permitted. No produce, goods, signs, or other impediments shall be placed or located upon the lot in such a manner as to interfere with parking.
16.
Use A-16: Swimming Pool. A body of water or receptacle for water having a depth at any point greater than twelve (12) inches which is primarily used or intended to be used for swimming or bathing. Wading pools are exempt from these provisions and are considered temporary pools if made of plastic, light metal, or other light duty materials which do not exceed a full volume depth of twelve (12) inches at the lowest point, and which are completely emptied of water when not in use:
a.
A zoning permit shall be required to locate, construct, or maintain a residential swimming pool.
b.
A swimming pool, filters, pumps and other mechanical equipment shall not be permitted in the front yard and shall conform to the rear and side yard setbacks of the applicable zoning district.
c.
Swimming pools, whether above or below ground, not removed prior to the first day of November each year shall be considered permanent and are required to meet the zoning district requirements with respect to impervious surface.
d.
At the time of application for a zoning permit it shall be demonstrated that the drainage, including stormwater runoff, for a pool is adequate and will not interfere with the water supply system, existing sewage facilities, public streets, and shall not drain onto a neighboring property.
e.
Water contained in swimming pools must be kept healthy and sanitary at all times and shall not emit offensive odor that creates a nuisance or unhealthy condition.
f.
Abandoned pools must be removed or appropriately filled in and covered under ground.
g.
The pool shall meet current UCC regulations or shall be completely enclosed by a fence or wall not less than 4 feet in height, with a self-locking gate as access. In addition, swimming pools equipped with elevated platforms or walkways that are at least 4 feet above the ground need not be fenced if the design prevents access by ladders or steps which can be made inaccessible and locked when not attended or in use.
17.
Use A-17: Tennis/Sports Court. A recreational playing court accessory to residential properties for the sport or game intended. The court consists of the playing surfaces and any structures designed to contain the playing area surrounding the court:
a.
The outer edge of the playing area, including any fence designed to contain the playing area, may not be located closer than 10 feet from any property line, and may not be located in the front yard restricted area.
b.
A fence containing the playing areas may be as high as 12 feet provided the setback of 10 feet is maintained.
c.
Unless made of demonstrably pervious paving or surfaces, tennis/sports courts will be calculated into the impervious restriction on the property.
18.
Use A-18: Fowl/Poultry. Keeping of fowl or poultry shall be permitted provided that:
a.
A lot be no less than 0.5 acres in area and contain only a single-family detached dwelling.
b.
On properties at least 0.5 acres but less than 1 acre, no more than three (3) birds shall be kept.
c.
On properties 1 acre or greater, no more than ten (10) birds shall be kept.
d.
Birds shall be provided with a shelter having a roof and at least three enclosed sides and shall be contained within a fenced area. A building permit shall be required for the shelter.
e.
All shelters must provide at least three square feet per bird.
f.
Fenced areas surrounding shelters must contain at least five (5) square feet per bird.
g.
Shelters and fenced areas surrounding shelters shall only be located in the rear yard or side yard; all shelters and fenced areas must be located at least ten (10) feet from any residence and property line.
h.
In the case of keeping chickens, no male birds (roosters) shall be kept. All birds shall be female (hens).
i.
No birds shall be allowed to range or shelter, nor shall a shelter or fenced areas use for the purpose of keeping birds shall be located, in whole or in part, within a riparian corridor conservation area.
19.
Use A-19: Recreational Sporting Vehicle. A vehicle or equipment designed for outdoor recreational use that is not otherwise defined as a recreational vehicle, which is not licensed or equipped for use on public roads, and includes but is not limited to all-terrain vehicles (ATVs), dirt bikes, go-karts, golf carts, boats, jet-skis, snowmobiles, and any other similar vehicles.
a.
Storage of the recreational sporting vehicle shall not diminish the required on-lot parking spaces.
b.
Recreational sporting vehicles cannot be parked in any restricted yard setback.
c.
No such vehicle shall be parked on a public street.
d.
No more than one recreational vehicle shall be parked outside of the principal building.
e.
Recreational sporting vehicles may be temporarily or seasonally stored outdoors in residential zoning districts.
20.
Use A-20: Outdoor Donation Bins. A closed container that has an opening through which new or used clothing and other donated items can be deposited and stored temporarily.
a.
No person shall place or cause to be placed a donation bin in the public right-of-way.
b.
A donation bin shall be permitted only on property in the IN Institutional Zoning District, provided that the bin is not placed within five hundred (500) feet of any residential use or property.
c.
A donation bin shall be placed so that it is not visible from the public right-of way.
d.
No donation bin shall be placed within twenty (20) feet of any building nor within twenty (20) feet of the public right-of-way.
e.
No donation bin shall be placed within twenty (20) feet of any driveway, intersection, or in a location which would interfere with sight lines for circulation of vehicles or passage of pedestrians.
f.
A bin may be placed or caused to be placed provided that the property owner or the property owner's authorized agent has provided written permission to the owner or operator of the donation bin for the placement of the donation bin on the property.
g.
A bin shall be in good working order and shall be kept free of graffiti. Each donation bin shall be regularly emptied and maintained so that the area surrounding the donation bin remains free and clear of any clothing, other donated items and debris.
B.
Commercial Uses.
1.
Use B-1: Art Studio. A facility used for providing to the public instruction in the performing and visual arts, including dance, music, theater, drawing, painting, photography, sculpture, and the processing of photographs produced only by the users of the studio facilities.
2.
Use B-2: Automotive Sales. Automotive sales use includes facilities for the sale or lease of new or used automobiles, motorcycles, trailers, trucks, and the like. Facilities may include showroom, office, display parking, and service/repair:
a.
All repairs of motor vehicles shall be performed within a completely enclosed and roofed building, except that body repairs and/or painting shall not be permitted. Outdoor storage of tools, equipment and supplies is not permitted.
b.
Parking, storage, and/or display of vehicles or supplies shall not be permitted within the front yard and shall otherwise be done within the building setback envelope.
c.
Sound systems shall not be audible off-site.
d.
Collective accessory uses to the principal use of selling or leasing shall not occupy more than fifty (50) percent of the premises and must be conducted in direct relationship to the principal use.
3.
Use B-3: Bank. A financial establishment where the primary use is the processing of credit or monetary transactions, including a savings and loan association, credit union, and other financial establishment.
4.
Use B-4: Club: A group of individuals, together with buildings and facilities owned or operated by an association, corporation, or other legal entity, convening for educational, social, or recreational purposes, not incidental to other business, and not operated primarily for profit, or to render a service that is customarily carried on as a business enterprise:
a.
The use shall be for dues-paying members and their authorized guests only, and such use shall not be open to the general public, except for special fund raising events.
b.
A club shall not include uses specifically defined elsewhere within this section of the Ordinance.
c.
Clubs serving alcohol must be licensed by the Pennsylvania Liquor Control Board.
5.
Use B-5: Convenience Store/Mini-Market. An individual store where retail trade intended for quick sale and carry-out is the principal use which offers for sale household items, newspapers, magazines, prepackaged food items and other freshly prepared foods for off-premise consumption.
a.
A minimum of two separate and remote trash receptacles must be provided and maintained outdoors.
b.
The following are not permitted outside or exterior to the principal building: vending machines, outside sales, ATMs, or phones.
c.
Facilities for dumpsters must be screened, according to the provisions of this Ordinance, or inside trash compactors and storage must be provided.
d.
The gross retail floor area may not exceed 3,000 square feet.
e.
Use B-18: Service Station shall not be permitted as an accessory use or second principal use.
6.
[Reserved]
7.
Use B-7: Dry Cleaners (On-Site). Facilities or shops specializing in or providing on-site processing for laundry, dry-cleaning, and/or clothes pressing. Automated coin operated facilities are included in this category if they contain cleaning machinery other than commercial washers utilizing common detergents. Dry cleaning shops which do not contain on-site processing equipment are treated as drop-off centers and are not required to meet the conditions below:
a.
On-site processing shops less than 5000 square feet in gross floor area, may not accept goods from drop-off establishments located elsewhere.
b.
A truck-parking zone must be designated near the most convenient access to the building, for purposes of servicing the on-site processing equipment. This zone must be large enough to accommodate the vehicle(s) used for servicing, and cannot interfere with required parking spaces or vehicle aisles.
8.
Use B-8. Medical Marijuana Dispensary. A dispensary, issued a permit by the Pennsylvania Department of Health to dispense medical marijuana and which sells medical marijuana to the ultimate consumer.
9.
Use B-9. Pharmacy. The art, practice, or profession of preparing, preserving, compounding, and dispensing medical drugs or cosmetic material. A pharmacy which displays more than 40% of the gross floor area of the pharmacy in food products normally sold in grocery stores shall be considered a retail store use.
10.
Use B-10: Funeral Home. A building or portions thereof used for human funeral services. Such facilities may contain provisions for chapel, embalming, viewing, and other services used in preparation of the dead, including the storage of caskets, supplies, and funeral vehicles.
11.
Use B-11: Hotel/Motel/Inn. A facility, not meeting the definition of a dwelling or dwelling unit, offering transient lodging accommodations on a daily or weekly basis to the general public, having access to the accommodations only through a central lobby, and providing additional services such as restaurants, meeting rooms and recreational facilities.
12.
Use B-12: Laundry (Self-Service): A business or use that provides washing, cleaning, and drying machines to be used by retail customers on the premises.
13.
Use B-13: Mixed-Use Building: A building, use, or structure comprised of at least two uses from the following categories: (1) retail, (2) office or institutional, or (3) residential.
a.
The mix of uses shall be separated by floors within the building, such that similar use classifications shall be located on the same floor.
b.
Residential uses shall not be located on the first floor.
c.
The first floor use(s) must include a retail use(s); retail use(s) must occupy the majority of ground-floor uses, and must have windows on the front facade. An office use is permitted on the first floor provided the Applicant provides evidence that a retail use is not feasible.
d.
Only those uses listed in § 176-305.B.13.e.I through III below and no other may be permitted within B-13: Mixed-Use Building, provided that the use is also specifically permitted in the respective zoning district in question. By way of example only, and not limitation, if B-18: Retail Shop is not permitted in the zoning district in question, such uses are not permitted within B-13: Mixed Use Buildings in said zoning district, notwithstanding B-18: Retail Shop being included as a permitted use in the following list.
e.
f.
All retail or office floor space provided on the ground floor of B-13: Mixed-Use Building must contain the following minimum floor area:
14.
Use B-14: Personal Care Business. A personal care business requires direct, physical contact with the customer in the performance of a personal service; such uses generally but do not always require a license from one of the Boards and Commissions under the auspices of the Commonwealth Department of State's Bureau of Professional and Occupational Affairs, and shall include such uses as barber, beautician, nail manicure, and tattooing.
15.
Use B-15: Professional Service Business: Such use shall include businesses which typically offer service in conjunction with the sale of goods. Such uses differ from retail or office businesses in that the customer area is usually separated from the service area, and some form of laboratory, fabrication area or processing area is necessary. Such use includes but is not limited to shoe repair, tailor, photography studio, copying service, eyeglass labs, dry cleaning establishments which do not have any on-site cleaning equipment or processes other than clothes pressing and/or alterations, and other similar uses, unless otherwise provided for in this Ordinance.
16.
Use B-16: Repair Shop. A repair shop shall include any business where the primary function is the repair of items such as appliances, bicycles, computers, lawn mowers, locks, stereos, televisions or other entertainment equipment, watches, small business or electronic machines, and similar products:
17.
Use B-17: Restaurant: A building or an area within a building where food and beverages are sold for direct consumption on the premises to persons seated within the building, excluding facilities with prepared food service within a grocery store or delicatessen.
a.
Restaurants specializing in take-out service, or with less than twenty (20) percent of their gross leasable floor area devoted to seating, shall be classified as B-19: Retail Take-Out Foods.
b.
The following conditions for outdoor restaurant areas shall apply:
I.
The outdoor restaurant area must be directly in front of or adjacent to a street-level food and beverage consumption establishment.
II.
The outdoor area must not infringe on any public sidewalk or right-of-way.
III.
The outdoor area shall not infringe or encroach on the minimum number of required parking spaces.
IV.
The outdoor area must be physically separated from the public or parking areas by a railing, fence, deck, planting boxes, by similar means having the same effect, or a combination thereof.
c.
If located adjoining a residential zoning district, odor control devices shall be installed to minimize food odor impacts.
18.
Use B-18: Retail Shop. A building, property, or activity the principal use of which is the sale of goods, products, materials, or services directly to the consumer for personal or household use and rendering services incidental to the sale of such goods.
a.
There shall be no outdoor display or storage unless permitted by district regulations.
b.
The gross leasable floor area devoted to retail use and storage shall not exceed 10,000 square feet.
c.
The retail use employs no more than 2 employees per 1,000 square feet of gross leasable floor area devoted to retail use.
d.
A minimum of two separate and remote trash receptacles must be provided and maintained outdoors.
e.
The following are not permitted outside or exterior to the principal building: vending machines, outside sales, ATMs, or phones.
f.
Facilities for dumpsters must be screened, according to the provisions of this Ordinance, or inside trash compactors and storage must be provided.
19.
Use B-19: Retail Take-Out Foods: Such use shall include shops dedicated to the retail sale of foods which are assembled or dispensed on the premises, primarily for take-out; and which may customarily also provide a sit-down area, provided the sit-down area is incidental to the take-out function and does not occupy more than twenty (20) percent of the gross leasable floor area of the use. Such a requirement is necessary to distinguish this use from restaurant service.
a.
A transportation impact study shall be required, if greater than 5,000 square feet of commercial space, pursuant to § 176-2015, unless waived by Borough Council.
b.
If proposed in the VC-2 District, when any part of the building in use is within 100 feet of a Town Access point to the Perkiomen Trail, pedestrian service windows or customer entrances shall be included on both the front facade (Main Street) and closer to the trail where physically feasible.
c.
If a pedestrian service window is proposed, such a service window, with all designated waiting or checkout line areas, shall be at least 10 feet from all driveways or internal vehicle circulation lanes, and physically separated by a railing, fence, deck, planting boxes, or other means having the same effect, or a combination thereof.
d.
Any proposed outdoor seating areas proposed shall meet the requirements of B.17.b. above, and shall be located at least 10 feet from all driveways or internal vehicle circulation lanes.
20.
Use B-20: Service or Gas Station. Any area of land, including structures thereon or any building or part thereof, that is used for the sale of gasoline or other motor vehicle fuel or accessories and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but which shall not include painting or body and fender repairs, nor the display or offering of motor vehicles for sale.
a.
Such use may include facilities for the limited sale of convenience items as an accessory use, provided parking requirements for the retail area are satisfied and that the area dedicated to convenience retail items does not exceed 1,500 square feet of gross floor area.
b.
All activities except those to be performed at the fuel or air pumps shall be performed within a completely enclosed and roofed building. Outdoor storage is not permitted.
c.
Minimum setback of fuel pumps shall be at least 50 feet from any ultimate right-of-way.
d.
Minimum setback of parking (any portion) from fuel pumps shall be 30 feet.
e.
The fuel pump area shall not interfere with parking spaces or internal circulation.
f.
Canopies shall be designed and constructed to meet the following standards:
I.
Canopies shall conform to the required setback for principal structures.
II.
Canopies shall have a maximum height of 14 feet.
III.
Canopies shall have a maximum area of 1,250 square feet. Multiple canopies shall be separated by a minimum of 15 feet.
IV.
Lighting for canopies shall be recessed so that the bottom of the lighting fixture is flush with the underside of the canopy.
VI.
Canopies shall be designed to be architecturally compatible with the principal structure with regard to color and building materials.
21.
Use B-21: Tavern/Bar: Any premises wherein alcoholic beverages are served or sold at retail for consumption on the premises, of which the principal business is the sale of such beverages, and where the sale of such beverages comprises at least 75% or more of gross receipts. It shall not include establishments where alcoholic beverages are sold in conjunction with the sale of food consumed on the premises, and where the sale of the alcohol comprises less than 25% of the gross receipts.
[Amended 1-6-2022 by Ord. No. 407]
a.
The facility must be licensed by the Pennsylvania Liquor Control Board.
b.
No such use shall be located within 250 feet of a place of worship, school or child day-care center.
c.
Uses must preserve, utilize and/or maintain an existing building in a manner that is consistent with the character of this section of Main Street, the purpose of the VC-2 Zoning District (§ 176-1200), and the Main Street Schwenksville Streetscape Plan and Design Guidelines.
d.
Transportation impact study. The Borough may require a transportation impact study as a part of its evaluation of application for Use B-25. In the case that a transportation impact study is required, the requirements of § 176-2015 shall apply.
e.
All proposed uses shall provide shared access, access easements, consistent grading and driveway interconnections with adjoining lots when required by the Borough. Should the Borough require shared access between multiple users or multiple lots, or should an applicant voluntarily provide shared access between multiple users or multiple lots, the following requirements and conditions shall apply:
1.
When two or more abutting lots share an access driveway, that driveway shall be designed as the main access to those lots, and one or more existing access driveways shall then be closed.
2.
Where development of three or more adjoining parcels consolidates vehicular access into one shared driveway, that driveway may be upgraded into a medium volume (between 1,500 and 3,000 vehicle trips per day) driveway according to PennDOT standards.
3.
Shared access may be located entirely on one lot or be split along a common lot line.
4.
Access easements and maintenance agreements or other suitable legal mechanisms shall be provided, acceptable to the Borough in consultation with the Borough Solicitor.
5.
Liability safeguards for all property owners and lessees served by the shared access shall be guaranteed to the satisfaction of the Borough in consultation with the Borough Solicitor.
22.
Use B-22: Pet Grooming: A commercial use dedicated to the grooming of dogs and cats. Such use shall also include the administrative offices of any mobile business where the primary activity of pet grooming takes place within a motor vehicle or in temporary accommodations not within a building.
23.
Use B-23: Veterinary Clinic: Such use shall include the office of a veterinarian with accessory animal pens, which shall not be allowed as a primary use.
24.
Use B-24 Brewery/Brewpub: An establishment that includes the on-premises production of alcoholic beverages, including beer, wine, cider and distilled liquors, and primarily sells its beverages on site, either for on- or off-premises consumption. The area used for brewing, distilling, bottling, and kegging shall not exceed 50% of the total gross leasable floor area. The brewery/brewpub must be licensed by the Pennsylvania Liquor Control Board or any successor agency of the commonwealth. Must comply with the following regulations.
[Added 1-6-2022 by Ord. No. 407]
a.
Uses must preserve, utilize and/or maintain an existing building in a manner that is consistent with the character of this section of Main Street, the purpose of the Village Commercial Zoning Districts, District (§ 176-1100, § 176-1200), and the Main Street Schwenksville Streetscape Plan and Design Guidelines.
b.
Transportation impact study. The Borough may require a transportation impact study as a part of its evaluation of application for Use B-24. In the case that a transportation impact study is required, the requirements of § 176-2015 shall apply.
c.
All proposed uses shall provide shared access, access easements, consistent grading and driveway interconnections with adjoining lots when required by the Borough. Should the Borough require shared access between multiple users or multiple lots, or should an applicant voluntarily provide shared access between multiple users or multiple lots, the following requirements and conditions shall apply:
I.
When two or more abutting lots share an access driveway, that driveway shall be designed as the main access to those lots, and one or more existing access driveways shall then be closed.
II.
Where development of three or more adjoining parcels consolidates vehicular access into one shared driveway, that driveway may be upgraded into a medium-volume (between 1,500 and 3,000 vehicle trips per day) driveway according to PennDOT standards.
III.
Shared access may be located entirely on one lot or be split along a common lot line.
IV.
Access easements and maintenance agreements or other suitable legal mechanisms shall be provided, acceptable to the Borough in consultation with the Borough Solicitor.
V.
Liability safeguards for all property owners and lessees served by the shared access shall be guaranteed to the satisfaction of the Borough in consultation with the Borough Solicitor.
25.
Use B-25 Artisanal Production/Retail Manufacturing: The on-site production of hand-fabricated or hand-manufactured parts and custom or craft consumer goods based on the skill and knowledge of the artisan and the use of hand tools or small-scale, light mechanical equipment. This involves such activities of small bakeries, candy making or the custom production of artisan products including but not limited to apparel manufacturing, cabinetry, furniture making, glass working, jewelry making, metal working, pottery, sculpture, woodworking, leatherworking, and their substantial equivalents. Showrooms and the ancillary sales of goods produced on site are permitted. Must comply with the following regulations.
[Added 1-6-2022 by Ord. No. 407]
a.
Uses must preserve, utilize and/or maintain an existing building in a manner that is consistent with the character of this section of Main Street, the purpose of the Village Commercial Zoning Districts, District (§ 176-1100, § 176-1200), and the Main Street Schwenksville Streetscape Plan and Design Guidelines.
b.
Transportation impact study. The Borough may require a transportation impact study as a part of its evaluation of application for Use B-25. In the case that a transportation impact study is required, the requirements of § 176-2015 shall apply.
c.
All proposed uses shall provide shared access, access easements, consistent grading and driveway interconnections with adjoining lots when required by the Borough. Should the Borough require shared access between multiple users or multiple lots, or should an applicant voluntarily provide shared access between multiple users or multiple lots, the following requirements and conditions shall apply:
I.
When two or more abutting lots share an access driveway, that driveway shall be designed as the main access to those lots, and one or more existing access driveways shall then be closed.
II.
Where development of three or more adjoining parcels consolidates vehicular access into one shared driveway, that driveway may be upgraded into a medium-volume (between 1,500 and 3,000 vehicle trips per day) driveway according to PennDOT standards.
III.
Shared access may be located entirely on one lot or be split along a common lot line.
IV.
Access easements and maintenance agreements or other suitable legal mechanisms shall be provided, acceptable to the Borough in consultation with the Borough Solicitor.
V.
Liability safeguards for all property owners and lessees served by the shared access shall be guaranteed to the satisfaction of the Borough in consultation with the Borough Solicitor.
C.
Community Service Uses.
1.
Use C-1: Adult/Child Day Care: Such use shall include a day nursery, nursery school, kindergarten, or other agency giving day care to children or senior citizens, and shall be the primary use on the lot, parcel, or premises:
a.
Such use shall have all the required certifications and licenses from the State Department of Public Welfare to operate.
b.
Where no more than 10 individuals are to be provided day care, the minimum lot size shall be one-half acre. An additional one-half acre shall be provided for each additional group of 10 individuals, or fraction thereof, of design capacity.
c.
Outdoor play areas shall be screened according to the provisions of this Ordinance so as to protect the neighborhood from inappropriate noise and nuisance.
d.
In all residential districts the use shall be permitted only as an accessory use to a place of worship; as an accessory use to a dwelling, it shall conform to Use A-10: Home Child Day-Care Facilities.
2.
Use C-2: Cemetery: Land used or intended to be used for the burial of the dead, dedicated for such purposes and licensed by the state authority having jurisdiction. It includes crematoria, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of the cemetery:
a.
The minimum lot size shall be 5 acres for any newly proposed cemetery use.
b.
No more than 10 percent of the area, to a maximum of 1 acre, may be devoted to above-ground buildings not serving as burial markers, memorials, such as business and administrative offices, maintenance facilities bath-houses, greenhouses, work houses, repair shops, and the like. This restriction includes parking facilities.
c.
A 40 foot screening or opaque buffer strip, unoccupied except for landscaping and walkways, shall be provided between any building or burial site and the cemetery property line.
3.
Use C-3: Conservation/Recreation: A lot parcel, or area of land which is dedicated or deed-restricted for open space, forest, stream, or wildlife preservation, or for some other general conservation purpose. Areas so dedicated in conjunction with subdivision or land development plans shall follow the district guidelines, and deed-restricted open space areas shall follow the open space provisions of this Ordinance. Such use shall also include a recreational facility or park, owned or operated by the Borough or other governmental agency.
4.
Use C-4: Emergency Services: Such use shall include ambulance, fire, police, rescue, and other emergency services of a municipal or volunteer nature.
5.
Use C-5: Client-Based Social Service Provider. A type of general office or organization consisting of a facility that provides on-site assistance to persons with limited ability for self-care who reside off-premises. This term includes a facility that provides assistance for psychological, psychiatric, and/or medical problems, employment, welfare, well-being, hunger relief, and other similar forms of assistance.
6.
Use C-6: Group Supervision Facility: An establishment that provides a home, including room and board, to persons released from or under the jurisdiction of a governmental bureau of corrections or similar institution. The total number of permanent residents and full-time staff upon the premises shall not exceed five, and the supervision shall be provided by licensed and certified adults (professionals) whose number shall be determined as certified by the supporting agency. One licensed and certified adult shall be available for the residents on a twenty-four-hour-a-day basis. The following conditions shall also be met to be eligible for special exception.
a.
There shall be twenty-four-hour resident supervision by persons licensed and certified in counseling; not being an individual on probation or parole.
b.
The use shall be licensed under applicable governmental programs.
c.
Any medical or counseling services provided shall be available only for residents and must be performed by licensed and certified professionals.
d.
The lot on which the group supervision facility is located shall be at least 1,000 feet from any lot on which another group supervision facility is located (such distance shall be measured to the nearest point on the other lot).
e.
For a group supervision facility, one on-site, off-street parking space shall be provided for each employee on duty and one on-site, off-street parking space shall be provided for every two residents.
f.
All other applicable requirements of the Zoning Ordinance, Building Code, Fire Code, and all other applicable Borough and state ordinances shall be met. The lot must conform to the minimum frontage, width, area and yard requirements of the district in which it is situated, and shall not be reduced.
g.
All group supervision facilities will be available for reasonable inspection by appropriate Borough and/or state, county or federal officials.
h.
The group supervision facility shall not be permitted in conjunction with any other principal use of the lot.
7.
Use C-7: Art Gallery: A public or private facility that is operated as an exhibition space for individual art pieces not mass produced, consisting of one or more of the following: paintings, drawings, etchings, sculptures, or photographic prints; may include the sale or loan of the individual art pieces or the sale of related objects and services.
a.
Art gallery shall not exceed 3,000 square feet.
8.
Use C-8: Library/Museum: Such use shall include a library or museum open to the public or connected with a permitted educational use, conducted as a non-profit operation, and not conducted as a private, gainful business.
9.
[Reserved]
10.
Use C-10: Place of Worship: A church, synagogue, temple, mosque, or other place of religious worship, including any accessory use or structure, such as administrative facilities, education or day-care facilities or dwelling located on the same lot. If the place of worship is located on a parcel of property in conjunction with a school as defined in this article, the minimum lot size shall be 10 acres, and use conditions associated with schools shall also apply.
11.
Use C-11: Retirement Community: A multifamily dwelling for older persons with accessory facilities for residents only, including meal services, passive recreation areas, general store, dry-cleaning service, pharmacy, laundromat, dining areas, craft room, library, music room, medical examination area, and a barber/beauty salon. The principal occupant of said retirement community shall not be less than 62 years of age.
12.
Use C-12: School - Public/Private: A facility, building, lot, parcel, use, or group of facilities, buildings, and uses that provides a broad educational curriculum to individuals enrolled therein, and is licensed by the State Department of Education, including private and public kindergartens, elementary, junior and senior high schools, colleges, universities, and theological schools.
D.
Office Uses.
1.
Use D-1: Office Building: Such use shall include a building, structure, or use containing single or multiple tenant spaces in which the uses are primarily office functions in nature. While client and non-client office use is permitted, retail as an accessory use is not permitted. With the exception of first floor uses facing public streets, all uses have access through main building entrances.
2.
Use D-2: Professional Office: Such use shall include an office for an architect, accountant, engineer, insurance agent, lawyer, real estate broker, travel agency, advertising, manufacturer's representative, including such assistants as are necessary to perform the service, and similar offices which do not include the exchange or delivery of merchandise on the premises or storage of goods which are more than accessory to a standard office environment. Such use shall exclude dental, health, medical or personal care uses.
3.
Use D-3: Medical Clinic or Office: Such use shall include an office for the practice of one or more dentists, doctors, chiropractors, or other allied medical personnel or practices, used for the diagnosis, examination, surgery, or other treatment of persons as outpatients. Such use may include uses such as reception areas, waiting area, consultation rooms, X-ray and minor operating rooms and a dispensary, providing that all such uses have access only from the interior of the building or structure.
E.
Entertainment/Recreational Uses.
1.
Use E-1: Athletic Club: A building, facility or structure, which through membership and/or compensation, offers facilities and programs operated by a non-governmental agency for athletic, health or recreational workout and training, including but not limited to gymnasiums, exercise and weight rooms, game courts, locker rooms, jacuzzi and sauna, reduction and tanning salons, weight control programs, classes, group instruction, and accessory pro and health food snack shops.
a.
Outdoor play courts, if provided, shall meet approved playing size standards exclusive of any required buffer areas or setback requirements, and shall meet those applicable district requirements for buffers and setbacks.
b.
If outdoor play courts are provided, a 25-foot wide screening buffer is required to surround the playing area, which shall be landscaped according to the applicable standards of this Chapter and of the SALDO.
2.
Use E-2: Indoor Recreation: An indoor facility designed to accommodate sports such as bowling, ice skating, roller skating, roller blading, skateboarding, roller ball and similar activities.
a.
Such enterprises as bowling alleys, target shooting or other activities generating excessive noises or vibrations shall be permitted only in buildings so constructed and equipped that noise and vibration are not transmitted to nearby properties, businesses, offices and homes.
3.
Use E-3: Movie Theater: A building, structure, or use, primarily designed for the showing of on-screen films, movies, or videos, with 1 or more theaters for viewing:
a.
Theaters containing more than 2 screens are not permitted shared parking provisions.
b.
Theaters containing more than 2 screens shall provide pedestrian stacking room on sidewalk areas located directly adjacent to the building or show box entrance, sufficient to contain 50 persons per screen, in single-file lanes. Pedestrian stacking lanes shall be separated from vehicular traffic flow areas.
4.
Use E-4: Outdoor Recreation: Outdoor recreation, including public or private miniature golf courses, ball courts, tennis courts, ball fields, trails, and similar uses which are not enclosed in buildings and are operated on a commercial or membership basis, primarily for the use of patrons who do not reside on the same lot or premises. Outdoor recreation shall not include an amusement park, public campground, or other uses specifically provided for in this Ordinance.
5.
Use E-5: Theater (Performing): An indoor facility, theater or auditorium, or other building or structure designed, intended, or used primarily for dance, dramatic, oratorical, musical, or other performance purposes.
F.
Industrial Uses.
1.
Use F-1: Body Shop/Automobile Repair: Automobile repair garage, including paint spraying, body and fender work, and transmission work.
a.
All repairs and body work shall be performed within a completely enclosed and roofed building.
b.
All parts, dismantled vehicles, and similar articles shall be stored within a completely enclosed and roofed building.
c.
Vehicles awaiting repair may not be stored outdoors more than 20 days. Junk vehicles must be stored or disposed of in accordance with Use A-13: Outdoor Storage and Waste Disposal, and with the Borough's Property Maintenance Code.
2.
Use F-2: Building Supply: The retail sale or wholesale of building supplies such as bricks, concrete, lumber, plumbing, roofing materials, doors, windows, and similar products typically purchased for construction and repair of buildings, whether as a primary or accessory use:
a.
All products shall be either stored or displayed behind areas which are clearly defined for such purpose, such as completely enclosed fences, walls or other structures.
b.
The display of goods and merchandise shall not be located within the front yard and shall meet the minimum required rear and side yard setbacks.
c.
Such uses shall have a defined pick-up area which does not interfere with the flow of internal traffic or required parking areas.
3.
Use F-3: Car Wash. A building, structure or area of land with machine or hand operated facilities used principally for the cleaning, detailing, polishing, washing or waxing of motor vehicles:
a.
All washing and drying facilities must be located entirely within an enclosed and roofed building or roofed structure.
b.
Automatic car washes shall provide sufficient on-site stacking lanes to accommodate a minimum of fifteen vehicles. Self-service car washes shall provide sufficient on-site stacking lanes to accommodate four vehicles per washing bay.
c.
On-site drainage systems must be provided to prevent water runoff and freezing on streets and adjoining properties.
4.
Use F-4: Commercial School: Such use shall include a commercial school, trade school, professional school, music school, dance school, and the like.
5.
Use F-5: Contracting Shop: Such use includes offices and supply/fabrication shops for services rendered in the building trades, including cabinet-making, carpentry, cement, electric, furniture-making, heating, painting, plumbing, roofing, and the like, provided that all tools and vehicles are located indoors wherever possible.
6.
Use F-6: Kennel: An establishment licensed by the state to operate and house cats, dogs, or other permitted household pets, and where grooming, breeding, boarding, training or selling of animals is conducted for profit:
a.
A minimum lot size of one-half (0.5) acre shall be required for animal enclosures located entirely within a building.
b.
Interior animal enclosures shall be sound-proofed so that animal noises will not be heard off-premises.
c.
If any outdoor boarding of animals, outdoor animal enclosures, or animal runways are provided, the minimum lot size shall be one (1) acre.
d.
Any outdoor animal enclosures or runways shall be kept a minimum of two hundred (200') feet from any property line, and are not to be used for the overnight boarding of animals.
e.
Length of stay for any animal shall not exceed two (2) weeks.
G.
Residential Uses.
1.
Multifamily Uses: The provision of more than two dwelling units per building, or the provision of at least one dwelling unit in a B-13: Mixed Use Building, shall be defined and governed by this subsection.
a.
Use G-1a: Multifamily Unit: One or more dwelling units, within each of which resides a single family, contained in a building classified as Use B-13: Mixed Use Building, and no other.
b.
Use G-1b: Multifamily Building: A multifamily dwelling is a single, detached, residential building containing at least three (3) permanent dwelling units in a variety of combinations, including side-by-side, over and under, or back-to-back with another dwelling unit.
I.
The dwelling units may share outside access and internal hallways, lobbies and similar facilities.
II.
Inner Court. The least dimension of an inner court shall not be less than the full height of the walls enclosing such court, and in no case shall be less than 50 feet. An open, unobstructed passageway shall be provided at the grade level of each inner court, with a maximum height of fourteen feet (14'), and maximum width of twelve feet (12'). Such passage way shall have a cross-section area, sufficient headroom to permit the passage of fire-fighting equipment, and shall be continuous from the inner court to a yard or an unobstructed open area between buildings.
III.
The dwelling units cannot be individually lotted, but must share a lot or parcel on which the building is located; except under condominium law.
IV.
Parking spaces shall be located as conveniently as possible to the dwelling units and may be common or shared areas. All parking must be designed so that cars may enter and leave without the need to move other parked vehicles.
V.
Dimensional requirements unless specified differently in the zoning district containing the use:
a)
The minimum lot area per Use G-1b: Multifamily Building use shall be ten thousand (10,000) square feet.
b)
The minimum lot area per dwelling unit and minimum floor area per dwelling unit shall be calculated according to the following ratios:
Unit Size | Minimum Floor Area/DU |
|---|---|
Efficiency | 450 sq. ft. |
1 Bedroom | 750 sq. ft. |
2 Bedroom | 900 sq. ft. |
3 Bedroom | 1,050 sq. ft. |
4 Bedroom | 1,200 sq. ft. |
VI.
Use of a dwelling unit and of accessory uses that relate to business activity are not permitted, except as permitted by Use A-12: No-Impact Home-Based Business.
VII.
Adequate provision shall be made for useable outdoor recreation, and for accessory storage areas.
VIII.
Each G-1b: Multifamily Building use with at least twelve (12) dwelling units shall have no more than 80% of one bedroom type (an efficiency unit shall be considered separately from a one-bedroom unit).
2.
Use G-2: Single-Family Attached (Townhouse): A townhouse or rowhouse is a single-family attached or semi-detached dwelling within a multi-dwelling building, consisting of at least three (3) such dwelling units, with each unit occupying the total space from ground to roof, and joined to each other by not more than two (2) vertical, common party walls, which also serve as the lot line dividing the properties. Townhouses may be one- (1), two- (2), or three- (3) level dwelling units, provided they do not exceed the district height limitation:
3.
Use G-3: Single-Family Detached Dwelling: A dwelling unit designed and used exclusively as the residence for only one family unit, that is the only dwelling unit located on the parcel it is situated on, and that is not attached to any other structures or dwelling units, except accessory structures permitted in this Ordinance:
a.
For approved building lots less than one (1) acre in size, public water and public sewer must be provided.
b.
Parking spaces shall be at least 9' x 18' for single-family use and shall be paved.
c.
Single-car garages shall not be utilized as required parking spaces.
d.
A single-family dwelling unit may only contain one kitchen facility, unless one of the kitchen facilities is located in a Use A-1: Accessory Dwelling Unit.
e.
Garages shall meet one of the following design options:
I.
Side-Entry: Garage doors are perpendicular or radial to the street which the front facade faces, but are permitted to remain attached to the house.
II.
Front-Entry: Garages are set back at least ten (10) feet from the front facade of the house, but are permitted to remain attached to the house.
III.
Set Back: Garage is detached and located behind the rear facade of the house.
IV.
Rear-Entry: Garage doors are on opposite side of the lot from the front facade. In such case, a garage would typically be accessed via a rear alley.
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4.
Use G-4: Single-Family Semi-Detached (Twin): A dwelling unit in which one side wall is a party wall in common with a neighboring dwelling unit designed so that the vertical party wall separates two families, and acts as the lot line dividing the properties, but it is otherwise surrounded by required yard areas.
a.
For approved building lots, public water and public sewer shall be provided.
b.
Parking spaces shall be at least 9' x 18' for single-family use and shall be paved.
c.
Single-car garages shall not be utilized as required parking spaces.
d.
Garages shall meet one of the following design options:
I.
Side-Entry: Garage doors are perpendicular or radial to the street which the front facade faces, but are permitted to remain attached to the house. Any garage wall facing the street from which the lot takes access shall not be bare or windowless, but shall be designed and articulated the same as the rest of the house.
II.
Front-Entry: Garages are set back at least ten (10) feet from the front facade of the house, but are permitted to remain attached to the house.
III.
Set Back: Garage is detached and located behind the rear facade of the house.
IV.
Rear-Entry: Garage doors are on opposite side of the lot from the front facade. In such case, a garage would typically be accessed via a rear alley.
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5.
Use G-5: Two-Family Detached Dwelling (Duplex): A building having two separate dwelling units, one over the other or side-by-side, so that each unit shares one and only one common partition, which in the case of a duplex is a horizontal partition:
a.
The duplex must be located entirely on one (1) lot, with front, rear, and two (2) side yards of the required depth for the district in which it is located.
b.
Separate ingress and egress must be provided to each unit.
c.
For approved building lots, public water and public sewer must be provided.
d.
The maximum bedroom capacity for all duplex units shall be three (3) bedrooms.
e.
Parking spaces shall be at least 9' x 18' for single family use and shall be paved.
f.
Single-car garages shall not be utilized as required parking spaces.