Shamokin City Zoning Code
ARTICLE III
General Provisions
§ 510-7 Application.
The following regulations shall qualify or supplement the district regulations appearing elsewhere in this chapter.
§ 510-8 Use regulations.
A.
Apartments. In districts where permitted, apartment buildings shall be subject to the following regulations:
(2)
The building shall conform to the height, coverage, yard and area regulations of the district in which it is to be located.
(3)
The exterior appearance of the building shall be so constructed and maintained so as to retain the residential character of the neighborhood.
(4)
Fire escapes, when required, shall be in the rear of the building and shall not be located on any wall facing a street.
(6)
Service entrances, trash and garbage and drying yards shall be enclosed and screened from adjoining properties.
(7)
The plot shall be submitted for review and approval.
B.
Conversion apartments. Any building existing at the effective date of this chapter may be converted to a dwelling for more than one family, in any district permitting residential uses, providing that:
(2)
The building to be converted shall conform to the height, coverage and yard regulations for the district in which it is located.
(3)
The exterior appearance of the building shall be constructed and maintained so as to maintain the residential character of the neighborhood.
(4)
Fire escapes, where required, shall be in the rear of the building and shall not be located on any wall facing a street.
C.
Dwelling groups. A dwelling group may be erected, altered, changed and used in any district permitting residential uses, provided that:
(1)
Each dwelling in the group shall comply with the use, height, area, width, yard and coverage regulations of the district in which it is located.
(2)
The appropriate use of the property adjacent to the dwelling groups will be safeguarded.
(3)
All buildings within the development will be provided with adequate vehicular access.
(4)
All buildings within the development will be served with adequate sanitary sewage disposal and water supply.
D.
Gardening. The tilling of the soil, raising of crops and gardening shall be permitted in any district.
E.
Manufacturing. In order that the Board of Adjustment may have a reasonable basis upon which to review a proposed industrial operation for conformity to the requirements of this chapter, the following data shall be submitted with an application for a permit:
(1)
Plot plan.
(2)
Architectural plan.
(3)
Description of operation.
(4)
Engineering and architectural plans for water supply and sewage disposal.
(5)
Plans for prevention or control of noise, vibration, glare, fire hazards, air pollution, water pollution and traffic.
(6)
Proposed fuel.
(7)
Number of shifts and maximum employment per shift.
(8)
Parking areas for employees and loading space for the shipping and receiving of materials.
F.
Motels. In districts where permitted, motels shall be subject to the following regulations:
G.
Municipal uses. In any district, a building may be erected, altered or extended and land may be developed which is arranged, intended or designed for municipal uses, including recreation use.
H.
Prohibited uses.
(1)
Dwellings in the manufacturing district. Hereafter, a building shall not be erected or converted in the manufacturing district established on the Zoning Map, for use as a dwelling, unless the dwelling use is incidental to the principal use of the premises.
(2)
The primary living and sleeping quarters of dwelling units shall not be permitted in cellars.
(3)
The following uses are prohibited in all districts throughout the municipality:
(a)
The incineration (not including individual home incinerators), reduction or storage of garbage, offal, animals, fish or refuse, unless by the authority of or under the supervision of the municipality.
(b)
Dumps and dumping of any kind, other than a sanitary landfill, unless by the authority of or under the supervision of the municipality.
(c)
The stripping of topsoil for sale, exclusive of the process of grading a lot preparatory of the construction of a building for which a zoning permit has been issued, or when incidental to the expansion or operation of a lawfully permitted use.
(e)
Abattoirs and slaughtering houses.
(g)
Billboards or advertising. Signboards including poster boards, bulletins and the like.
I.
Public utilities facilities. Public utility facilities shall be permitted in any district without regard to the use and area regulations; provided, however, that buildings or structures erected for these utilities shall be subject to the following regulations:
(1)
Front, side and rear yards shall be provided in accordance with the regulations of the district in which the facility is located.
(2)
Height shall be as required by the district regulations.
(3)
Unhoused equipment shall be enclosed with a chain link fence six feet in height, topped with barbed wire.
(4)
Housed equipment. When the equipment is totally enclosed within a building, no fence or screen planting shall be required and the yards shall be maintained in conformity with the district in which the facility is located.
(5)
Screen planting in residential districts. The required fence for unhoused equipment shall be surrounded by an evergreen planting as approved by the Planning Commission.
(6)
The external design of the building shall be in conformity with the buildings in the district.
(7)
Access for unhoused equipment. Where vehicular access is across the front yard, the gate shall be constructed of solid materials having not less than 50% solid in ratio to open space.
(8)
Plans of the facility shall be submitted to the Planning Commission for review and approval.
§ 510-9 Height regulations.
A.
The height of any building may exceed the maximum permitted height by one foot for each additional foot by which the width of each yard exceeds the minimum yard regulations for the district in which the building is located.
B.
Height regulations shall not apply to spires, belfries, cupolas, penthouses, domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, utility poles or towers, silos and ornamental or necessary mechanical appurtenances.
C.
For all residential uses, accessory buildings shall not exceed 14 feet in height.
§ 510-10 Area regulations.
On a lot held in single and separate ownership which does not fulfill the regulations for the minimum area and yard dimensions for the district in which it is located, a building may be erected, altered and used thereon, providing the yard space to be provided is reviewed and approved by the Board of Adjustment.[1]
§ 510-11 Yard regulations.
A.
Front yards.
(1)
When an unimproved lot is situated between two improved lots, each having a principal building which extends into the required front yard and has been so maintained since the effective date of this chapter, the front yard of such unimproved lot may be the same depth as the front yards of such two adjacent improved lots, notwithstanding the yard requirements of the district in which it is located.
(2)
Where an unimproved lot adjoins only one improved lot having thereon a principal building, within 25 feet of the common side lot line, which extends into the required front yard of such improved lot and was prior to the effective date of this chapter, the front yard depth of such unimproved lot may be the average depth of the front yard of such adjacent improved lot and the front yard required for the district in which such unimproved lot is located, notwithstanding the yard requirements for such district. However, the second unimproved lot from the original improved lot must have at least the minimum front yard depth required in the district.
(3)
An accessory building shall not be erected or substantially altered within any front yard.
B.
Side yards.
(2)
Accessory buildings may be constructed in accordance with the following provisions:
(a)
No accessory building or private garage shall be constructed in any required side yard.
(b)
Where an alley is provided along the rear of the lot, an accessory building or private garage shall be located not less than five feet from the rear lot line and not nearer the side lot line than the side yard requirement for the district.
C.
Buffer yards.
(1)
Where a manufacturing use abuts a residential district, a buffer yard, of a width as hereafter required, shall be provided along the lot lines in addition to the yards required for the district in which it is located.
(a)
Buffer yards, minimum required width: (1a) M-L, Manufacturing Limited, 10 feet.
(2)
All buffer yard areas shall be planted and maintained with a vegetative material. A screen planting shall be planted and maintained to the full length of side and rear lot lines which do not abut streets.
(3)
Buffer yards shall not be used for parking.
(4)
Buffer yards other than interior side buffer yards may be crossed with access roads, service drives and utility easements not more than 24 feet in width, provided that the angle of the center line of the road, drive or easement crosses the lot line and buffer yards at not less than 30°.
(5)
If a front yard of 30 feet or more in depth is provided, the buffer yard may coincide with the front 30 feet of the front yard.
D.
Projections in yards. Cornices, eaves, gutters, bay windows, chimneys or uncovered steps may project into the front, side or rear yard of a lot not more than 24 inches.
E.
Obstructions to vision.
(1)
Walls, fences, signs or other structures shall not be erected or altered, and hedges, trees or other growth shall not be planted or maintained which may cause danger to traffic on a street or road by obstructing the view.
(2)
Corner lots. No wall, fence, sign or other structure in excess of 3 1/2 feet shall be erected or altered and no hedge or growth in excess of 3 1/2 feet shall be permitted within 10 feet of the intersection of street right-of-way lines.
F.
Fences and walls.
(1)
Fences and walls (excluding retaining walls) may be erected, altered and maintained within the yards, provided that any such fence or wall in the front yard shall not exceed 3 1/2 feet in height, and any fence or wall in the side or rear yard may be six feet or more in height, provided that any fence or wall exceeding six feet in height shall contain openings therein equal to 50% of the area of that portion of the wall or fence exceeding six feet.
(2)
All yards used for the storage of any material needed for the operation or conduct of a manufacturing or commercial enterprise shall be enclosed by a solid wall, uniformly painted board fence or screen planting, on all sides which face upon a street or face upon a lot in a more restricted zone.
§ 510-12 Courts.
Courts shall conform to the following requirements.
A.
An open space in the form of an inner court or outer court shall be provided in connection with any building or any residential or business district wherever any room therein in which a person or persons live, sleep or congregate cannot be adequately lighted and ventilated. Such court shall be adjacent to such room, the windows of which shall open in such court. (This subsection shall not apply to specialized commercial or manufacturing processes where controlled light and/or ventilation are required.)
C.
Inner court.
(1)
The least dimension of an inner court shall be not less than the full height of the walls enclosing such court, but not less than 50 feet. This shall apply only when adequate light and ventilation cannot be provided.
(2)
An open and unobstructed passageway shall be provided for each inner court. Such passageway shall have sufficient cross-section area and headroom for the passage of firefighting equipment and shall be continuous from the inner court to a yard or an unobstructed open area with access to a street.
§ 510-13 Habitable floor area.
The minimum habitable floor area of a dwelling unit hereafter erected shall be 600 square feet. In case of apartment houses and conversion apartments, the minimum habitable floor area shall be not less than 300 square feet per apartment, except those apartments designed for and occupied exclusively by one person, which apartments shall each contain not less than 150 square feet of habitable floor area.
§ 510-14 Reduction of lot dimensions.
The area, width or depth of any lot shall not be reduced by subdivision, sale or development so that the lot width, lot area, lot area per dwelling unit, courts and yards or other open spaces are smaller, or so that the coverage is greater than prescribed herein.
§ 510-15 Drainage strips.
In all districts, no structure shall be permitted within 15 feet of the edge of any stream or existing natural drainage channel.
§ 510-16 Private or semiprivate recreation areas.
As a special exception, private or semiprivate recreation areas may be permitted in any residential district, provided that:
A.
Such use shall not be for gain or profit.
C.
Social or fraternal clubrooms or buildings shall not be permitted.
D.
A buffer yard of 30 feet wide and a screen planting shall be provided of a height and type as approved by the Board of Adjustment.
E.
Lighting shall be arranged so as not to shine directly on, or reflect on, any adjoining residential use.
F.
Plans for the proposed development shall be submitted for review and approval.
§ 510-17 Swimming pools, private.
Private swimming pools shall be permitted accessory use in any district and shall comply with the following conditions and requirements:
A.
The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
B.
It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than 10 feet to any property line of the property on which located.
C.
For excavated swimming pools, the entire property on which located shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall to be not less than four feet in height and maintained in good condition. When a fence is used, it shall not have any openings greater than four inches by six inches, except for approved gates; and when said fence is formed of metal or wire, such metal or wire shall be not less than No. 9 gauge.