Shaler Township City Zoning Code
ARTICLE IV
Use Regulations
§ 225-11 General regulations.
The principal, accessory and conditional uses and special exceptions permitted for each zoning district are shown in the following sections of this article. Uses given in each category shall be in accordance with the common meaning of the term or in accordance with definitions as listed in § 225-217 or in accordance with subsequent sections. Only uses listed or defined within the categories under this article shall be permitted. All permitted uses are subject to the restrictions and standards set forth in other provisions of this chapter. Forestry activities shall be a permitted use in all zoning districts. See MPC Section 603(f).
§ 225-12 Stormwater management.
A.
All uses or lots in all districts shall comply with the requirements and standards for managing stormwater runoff, if any exist, in the stormwater management district in which the use or lot is located, as contained in Chapter 195, Subdivision of Land, and applicable provisions of the Uniform Construction Code, as amended from time to time (UCC).[1]
B.
Agricultural activities, logging activities, nurseries and forestry management operations, where permitted by this chapter, shall be required to provide for the safe management of stormwater runoff in accordance with the requirements of the Stormwater Management Ordinance in Chapter 190, Stormwater Management, as well as all other applicable ordinances, including but not limited to the UCC, as adopted and as from time to time amended. However, the submission and approval of a stormwater management plan, as required by Chapter 190, Stormwater Management, may be waived by the Board of Commissioners for such activities which have an erosion and sedimentation control plan approved by the County Conservation District.
C.
Strip mining, where permitted by this chapter, shall have a plan for control of erosion and sedimentation and stormwater runoff, which is approved by the Pennsylvania Department of Environmental Protection, in accordance with the laws and regulations of the commonwealth. If the strip-mining operation is located within a watershed or watersheds for which a stormwater management plan has been approved in accordance with the requirements of the Pennsylvania Stormwater Management Act, then the erosion/sedimentation plan and any permanent stormwater runoff controls must be consistent with the standards and criteria of the watershed plan. A copy of the state-approved erosion/sedimentation plan shall be filed with the municipality prior to commencing mining operations.
§ 225-13 R-1 Limited One-Family District.
A.
The permitted principal use shall be one-family dwellings.
E.
Use restrictions. All use restrictions set forth in Article IX, entitled "Supplemental Regulations," shall apply in all residential districts in addition to those set forth below:
(1)
No-impact home-based businesses. A no-impact home-based business shall be permitted as an accessory use in an R-1 Limited One-Family District, subject to the following requirements:
(a)
A no-impact home-based business permit is required for all no-impact home-based businesses before any portion of any dwelling unit may be used for such use, and a no-impact home-based business shall not be commenced until after the no-impact home-based business permit has been obtained.
(b)
All persons having a legal interest in the residential property to be used for a no-impact home-based business shall execute an application for a no-impact home-based business.
(c)
A no-impact home-based business permit shall be issued only upon certification by the Code Enforcement Officer that the business or commercial activity complies with this chapter.
§ 225-14 R-2 One-Family District.
§ 225-17 R-5 Apartment District.
C.
Conditional uses shall be as follows:
(1)
All conditional uses permitted in District R-4.
(2)
Professional office and business service office where professional or business service office occupies ground level or below ground level space in an apartment building, provided that adequate parking is available.
(3)
Fraternal lodges.
(4)
Apartment houses more than three stories or 40 feet in height but in no case to exceed nine stories or 70 feet.
D.
Special exceptions: none.
§ 225-18 C Cemetery District.
§ 225-19 P Professional District.
§ 225-20 NS Neighborhood Shopping District.
A.
Permitted principal uses shall be retail businesses for local or neighborhood needs, to the following limited extent:
(1)
Sale and manufacture of baked goods.
(2)
Sale of confectionery products, dairy products, delicatessen items, fruits, vegetables, groceries, meats, dry goods and variety merchandise, clothing, china, floor covering, hardware, household appliances, radios, paint, wallpaper, books, magazines, sporting goods and photographic equipment.
(3)
Restaurants and other eating places, excluding places providing dancing, entertainment or alcoholic beverages.
(4)
Service establishments, such as banks, savings and loan associations, barber- or beauty shops, custom tailors, laundry agencies, self-service laundries, hand laundries, shoe repair and ice stations.
(5)
Dry-cleaning, pressing and tailoring shops in which only nonexplosive and nonflammable solvents are used and no work is done on the premises for retail outlets elsewhere.
(6)
Funeral home or mortuary.
(7)
Any other neighborhood store similar to the uses listed in this section in types of goods or services sold, in business hours, in the number of persons or cars which can reasonably be expected to be attracted to the premises and in effect in the adjoining residence districts.
(8)
Professional offices. Offices relating to business services.
B.
Accessory uses shall be those accessory uses customarily incidental to permitted principal uses.
C.
Conditional uses shall be as follows:
(1)
All residential uses.
(2)
Amusement arcades, on the following conditions:
(a)
The applicant will comply with the provisions of Chapter 78, Amusements and Amusement Devices, as now in effect or hereafter amended or supplemented (which chapter is not limited hereby).
(b)
Not more than five devices or machines will be allowed at any one location.
(c)
The general conditions applicable to conditional uses under this chapter will be complied with.
D.
No special exceptions shall be permitted.
E.
Use restrictions. The following use restrictions shall be applicable in all NS Neighborhood Shopping Districts:
(1)
Each permitted use must be conducted wholly within an enclosed building or enclosed yard.
(2)
There shall be no manufacturing or processing except that which is incidental to a store in which all merchandise is sold at retail on the premises.
(3)
No front yard or sidewalk shall be used for display, sale or storage of merchandise or for the storage of vehicles, equipment, containers or waste material.
§ 225-21 GC General Commercial District.
A.
Permitted principal uses shall be as follows:
(1)
All uses permitted in NS Neighborhood Shopping District.
(2)
Sale of food and beverage of all kinds.
(3)
Sale at retail of general merchandise and apparel of all kinds, including sales by large department stores.
(4)
Sale of furniture and household goods, including furniture storage.
(5)
Eating places of all types, including places providing dancing, entertainment and alcoholic beverages.
(6)
Automobile, truck and boat and trailer sales, repair and supply businesses.
(7)
Auditorium.
(8)
Medical or dental clinic or laboratory but not methadone treatment facilities.
(9)
Bicycle and motorcycle sale, rental and repair.
(10)
Blueprinting, photostating and copying services.
(11)
Boardinghouse or rooming house.
(12)
Catering services.
(13)
Private club or fraternal lodge.
(14)
Day nursery.
(15)
Drive-in business, other than drive-in theaters.
(16)
Feed stores.
(17)
Frozen food storage.
(18)
Hotels.
(19)
Motels.
(20)
Music conservatory or studio or dance studio.
(21)
Nursery, flower or plant sales, provided that all incidental equipment and supplies are kept within a building.
(22)
Sale of pets.
(23)
Photographer's studio.
(24)
Printing, minor or job.
(25)
Public recreation area.
(26)
Repairs of electrical and household appliances.
(27)
Theater or movie, except drive-in movies.
(28)
Tire sale or repair business.
(29)
Pool and billiard halls.
(30)
Bowling alleys.
(31)
Car wash.
(32)
Commercial sale of firearms and guns.
B.
Accessory uses shall be those accessory uses customarily incidental to permitted principal uses.
D.
No special exceptions shall be permitted.
§ 225-22 I Industrial District.
A.
Permitted principal uses shall be as follows:
B.
Accessory uses shall be those accessory uses customarily incidental to permitted principal uses.
C.
D.
Special exceptions shall be as follows:
(1)
Methadone treatment facilities.
(a)
Establishment and operation.
[1]
Notwithstanding any other provision of law to the contrary and except as provided in Subsection D(1)(b), a methadone treatment facility shall not be established or operated within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.
[2]
The provisions of this subsection shall apply whether or not an occupancy permit or certificate of use has been issued to the owner or operator of a methadone treatment facility for a location that is within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.
(b)
Notwithstanding Subsection D(1)(a), a methadone treatment facility may be established and operated closer than 500 feet to an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility, if, by majority vote, the governing body for the municipality in which the proposed methadone treatment facility is to be located votes in favor of the issuance of an occupancy permit or certificate of use for said facility at such a location. At least 14 days prior to the governing body of a municipality voting on whether to approve the issuance of an occupancy permit or certificate of use for a methadone treatment facility at a location that is closer than 500 feet to a school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the municipality following public notice. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearings at least 30 days prior to said public hearings occurring.
(c)
This section shall not apply to a methadone treatment facility that is licensed by the Department of Health prior to May 15, 1999.
(d)
As used in this section, the term "methadone treatment facility" shall mean "a facility licensed by the Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons."
(e)
As used in this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line of the premises where the proposed methadone treatment facility is to be conducted to the nearest property line of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.
E.
Use restrictions. The following use restrictions shall be applicable in all I Industrial Districts: