Shillington City Zoning Code
PART 5
NONRESIDENTIAL DISTRICT REGULATIONS
§ 27-501 Specific Intent.
[Ord. 1159, 9/11/2014]
It is the purpose of this district to permit residential development and certain commercial development which will not adversely affect residential uses.
§ 27-502 Uses Permitted by Right.
[Ord. 1159, 9/11/2014]
1.
Land and buildings in a C District may be used for the following purposes and no others, unless a special exception as provided for herein is granted:
A.
Any use permitted by right or special exception in the R-3 Zoning District, except for conversions of single-family residences into multifamily apartment uses. Conversion of a single-family residence into a commercial business/single apartment use is permitted by right in this zoning district.
B.
Apartment unit in combination with business use, provided that the sanitary facilities proposed are adequate to accommodate the proposed use.
C.
Hotel, motel, rooming house or boardinghouse or bed-and-breakfast.
D.
Retail store.
E.
Personal service shop.
F.
Restaurant, catering establishment.
G.
Professional or business office, agency, or studio; club or lodge.
H.
Confectionery or bakery shop.
I.
Financial institution.
J.
Mortuary.
K.
Printing establishments.
L.
Public garage, motor vehicle service station or sales agency, and parking lot, provided that all facilities are located and all services are conducted within the confines of the lot.
M.
Indoor theater.
N.
Post office or other governmental building.
O.
Accessory use on the same lot with and customarily incidental to any of the above permitted uses.
§ 27-503 Uses Permitted by Special Exception.
§ 27-504 Conditional Uses.
§ 27-505 Area, Yard and Height Regulations.
[Ord. 1159, 9/11/2014]
1.
Lot Size. The minimum lot size shall be 2,000 square feet for nonresidential uses. A minimum of 2,000 square feet of lot size per dwelling unit shall be provided.
2.
Building Coverage.
3.
Front Yard. There should be a front yard on each street on which a property abuts, and said front yard shall not be less than 15 feet in depth, except as provided in § 27-613 of this chapter. The front yard on the long side of a corner property may be reduced to 10 feet as long as the buildable area does not encroach upon any clear sight triangle as measured along the center lines of the intersecting streets.
4.
Side Yards. All buildings shall have a side yard of not less than six feet.
5.
Rear Yard. There shall be a rear yard on each lot, which shall be not less than 25 feet in depth.
6.
Building Height. No building shall exceed 40 feet in height.
7.
Open Area. A minimum of 20% shall be open space.
8.
Lot Width. The minimum lot width shall be 50 feet at the street line and 60 feet at the building setback line.
§ 27-511 Specific Intent.
[Ord. 1159, 9/11/2014]
It is the purpose of this district to provide for commercial and light industrial development which will not adversely affect the public health, safety and general welfare of the residents and inhabitants of the Borough. Residential uses are also permitted.
§ 27-512 Uses Permitted by Right.
[Ord. 1159, 9/11/2014]
1.
Land and buildings in an I District may be used for the following purposes and no others, unless a special exception as provided for herein is granted:
A.
Any use permitted by right or special exception in the C District.
B.
Scientific or industrial research, testing or experimental laboratory or similar establishment for research or product development.
C.
Industrial operations involving the production, packaging, fabrication, processing, assembly, manufacture, compounding and bottling of foods, goods, and materials, provided that all such activities shall be carried on within a building.
D.
Warehousing and distributing of manufactured foods, goods, and materials.
E.
Shop of a carpenter, electrician, metal worker, cabinet maker, upholsterer, plumber, mason, painter, home builder, heating contractor or similar skilled tradesman.
F.
Accessory uses and structures to the above permitted uses when on the same lot as and customarily incidental to the permitted uses.
§ 27-513 Uses Permitted by Special Exception.
[Ord. 1159, 9/11/2014]
1.
The following uses are permitted when special exceptions are granted by the Zoning Hearing Board in accordance with the applicable provisions of this chapter:
A.
Any use of the same general character as any of the above permitted-by-right uses, provided that no trade or business shall be permitted which is noxious or hazardous as defined in § 27-612 of this chapter.
B.
Adult Business and Entertainment Uses.
(1)
Adult business and entertainment uses shall be permitted by special exception within the Industrial Zoning District, subject to the provisions specified within this section.
(2)
The provisions for adult business and entertainment uses are hereby incorporated within this chapter in order to accomplish the following objectives:
(a)
Pursuant to the authority of the Borough Code, the Borough Council has the power to prohibit nuisances and to promote the health, cleanliness, comfort and safety of the citizens of the Borough of Shillington.
(b)
After the review of studies conducted by various cities and municipalities in the United States, as well as various court opinions where such studies are referenced and cited, including the United States Supreme Court decision, The City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), and the United States Court of Appeals for the Third Circuit decision, Mitchell v. Commission on Adult Entertainment Establishments of the State of Delaware, 10 F.3d 124 (3rd Cir.1993), the Borough Council recognizes that adult entertainment uses have the tendency to cause adverse secondary effects that impact on the health, safety and general welfare of the Borough.
(c)
The Borough Council desires to restrict the location where adult entertainment uses can locate, to require a reasonable separation distances between such uses and other uses which are not compatible with adult-oriented businesses, and to prevent an undue concentration and proliferation of such uses in a close proximity.
(d)
The Borough Council is fully aware of and fully respects the fundamental constitutional guarantee of freedom of speech and realizes that restrictions on such freedom must be carefully drafted and enforced so that one's right to speak is not curtailed beyond the point at which it is essential to further the Borough's interest in public health, safety and welfare.
(3)
The following standards and specifications shall apply to adult businesses and adult entertainment uses:
(a)
A minimum of one acre of net land area shall be required to accommodate an adult business and adult entertainment use. In addition, the use shall comply with the minimum and maximum dimensional requirements specified for an adult business and adult entertainment use under the Industrial District.
(b)
Adult businesses and adult entertainment uses shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most-recent update to the Borough's Sewage Facilities Plan, as adopted to comply with the Pennsylvania Sewage Facilities Act (PA Act 537, as amended)[1] as well as any ordinances adopted by the Borough. All sewage disposal facilities shall be designed with sufficient capacities, which shall be subject to the review and approval of the Borough, the Borough's Municipal Authority and the Pennsylvania Department of Environmental Protection.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
(c)
Adult businesses and adult entertainment uses shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by the Borough. All water supply facilities shall be designed with sufficient capacities, which shall be subject to the review and approval of the Borough, the Borough's Municipal Authority and the Pennsylvania Department of Environmental Protection.
(d)
All other utility provisions serving adult businesses and adult entertainment uses shall be planned and installed in accordance with the specifications of the public utility provider supplying service.
(e)
No adult business or entertainment use shall be located within 500 feet of any religious uses, educational uses, day-care facilities and recreational uses, as measured from the property line.
(f)
No adult business or entertainment use shall be located within 3,000 feet of an existing adult business or entertainment use, as measured from the property.
(g)
All storage and displays shall be located within the building occupying the adult business or entertainment use. No exterior displays are permitted.
(h)
All business transactions that are conducted on the premises shall be within an enclosed building. All adult business uses may operate between the hours of 9:00 a.m. and 11:00 p.m.
(i)
All applications for adult business or entertainment uses in new buildings shall be accompanied by a land development plan. The minimum information required on the land development plan shall include:
[1]
The proposed nature of the adult business or entertainment use.
[2]
Architectural renderings of the proposed building elevations and plan views.
[3]
The location and elevation of all buildings, structures, walls, fences and landscaping on the property.
[4]
Off-street parking areas, loading areas and traffic circulation patterns.
[5]
The location, dimensions and content of all signs, displays and advertising.
[6]
A land use survey of all uses located within a one-thousand-foot radius of the property.
(j)
All applications for adult business and entertainment uses shall include a statement providing specific information on each individual, partner, store manager(s), corporate officer, corporate director or corporate stockholders owning more than 3% of the issued and outstanding stock of a corporate applicant. At a minimum, the applicant shall identify the complete name, business address and telephone number.
(k)
In the event of the proposed sale, resale or reassignment of interest of an adult business or entertainment use established under the terms of this chapter, the Borough and Zoning Officer shall be notified of such proposed change of ownership. Such notification shall include the documentation required by this section of this chapter. Failure to notify the Borough and Zoning Officer shall constitute a violation of this chapter, which could lead to the revocation of the use and certificate of occupancy.
(l)
The following requirements pertaining to signs and other visual displays shall apply to each adult business or entertainment use:
[1]
The exterior of the building may include one wall sign or parallel sign identifying the name of the adult business or entertainment use, which shall not exceed 20 square feet in size.
[2]
Freestanding signs, banners, directional signs, illuminated signs, portable signs, roof signs, seasonal signs and billboards shall be prohibited on the property.
[3]
Window signs shall be limited to 25% of the total window area and shall not include any graphic or pictorial depiction of material related to specific sexual activities or anatomical areas.
[4]
Advertisements, displays or other promotional materials related to specific sexual activities or anatomical areas shall not be shown or exhibited so as to be visible to the public from the exterior of the building.
[5]
All signs and visual displays shall be considered as part of the special exception application.
(m)
The entrance of the adult business should include a sign warning all individuals that the premises are classified as an adult business use and/or adult entertainment use.
(4)
As part of the special exception application, the applicant shall provide evidence that the adult business and/or adult entertainment use shall comply with the provisions established by this chapter. This may include the submission of a grading plan, utility plan, landscaping plan, architectural renderings, traffic impact study and/or environmental impact assessment report.
C.
Telecommunication facility.
§ 27-514 Conditional Uses.
§ 27-515 Area, Yard and Height Regulations.
[Ord. 1159, 9/11/2014]
1.
Lot Size. The minimum lot size shall be 2,000 square feet. A minimum of 2,000 square feet of lot size per dwelling unit shall be provided.
2.
Building Coverage.
A.
For every lot used exclusively for residence purposes, not more than 45% of the lot area may be occupied by buildings.
B.
For every lot used in whole or in part for nonresidential purposes, not more than 60% of the lot area may be occupied by buildings, unless authorized as a special exception; but said building area regulation shall not apply to religious institutions.
3.
Front Yards. There shall be a front yard on each street on which a lot abuts, which shall be not less than 15 feet in depth, except as provided in § 27-613 of this chapter. The front yard on the long side of a corner lot may be reduced to a depth of not less than 10 feet.
4.
Side Yards. All buildings shall have a side yard of not less than six feet.
5.
Rear Yard. There shall be a rear yard on each lot, which shall be not less than 25 feet in depth.
6.
Building Height. No building shall exceed 40 feet in height, provided that as a special exception the Zoning Hearing Board may permit a building height up to 50 feet.
7.
Open Area. A minimum of 20% of the lot shall be landscaped area. A landscaping plan shall be provided pursuant to § 27-604 of this chapter.
8.
Lot Width. The minimum lot width shall be 50 feet at the street line and 60 feet at the building setback line.
§ 27-531 General Requirements.
[Ord. 1159, 9/11/2014]
The Borough Council may authorize as an amendment to the Zoning Map the designation of an area as a Municipal Park District for the location of a municipal park, following review and recommendation of the Planning Commission and subject to the regulations of this Subpart and any other pertinent section of this chapter.
§ 27-532 Use Regulations.
[Ord. 1159, 9/11/2014]
The lot or tract area may be used or occupied for municipal use, municipal park and recreation purposes only and in such manner as may be prescribed by the Borough Council, and no other.
§ 27-541 Specific Intent.
[Ord. 1159, 9/11/2014]
It is the purpose of this district to integrate limited professional office development as a conditional use into existing residential or mixed residential-professional office areas.
§ 27-542 Uses Permitted by Right.
[Ord. 1159, 9/11/2014]
1.
Land and buildings in an L-C District may be used for the following purposes and no others, unless a special exception as provided herein is granted or a conditional use is approved by the Borough Council:
A.
Single-family detached dwelling.
B.
Two-family detached dwelling.
C.
Professional offices for the practice of medicine, surgery, dentistry, optometry, chiropody, osteopathy, chiropractics, law, engineering, and architecture; studios for the teaching of the arts via individual lessons; and offices of optician, travel agent, accountant, insurance agent, real estate broker, systems analyst, computer programmer, investment manager, investment banker and securities broker/dealer.
D.
Home occupations - low-impact, which are permitted subject to the requirements of § 27-622 of this chapter.
F.
Municipal building and/or use, to which no area or access regulations, as hereinbefore or hereafter provided, shall apply.
G.
Accessory uses and structures to the above permitted uses when on the same lot as and customarily incidental to the permitted use. These uses and structures shall not include businesses but shall include, and not be limited to, private garages, playhouses, and/or a doghouse.
§ 27-543 Uses Permitted by Special Exception.
[Ord. 1159, 9/11/2014]
1.
The following uses are permitted when special exceptions are granted by the Zoning Hearing Board in accordance with the applicable provisions of this chapter:
A.
State-licensed nursery school or day-care center.
B.
Church or similar places of worship.
C.
Park, playground or similar noncommercial recreation area.
D.
Conversion of a single-family detached dwelling or a building devoted partly to single-family dwelling use and partly to commercial use into a two-family or multiple-family dwelling, provided that the lot area per family shall be at least 2,000 square feet, the lot area per commercial use shall be at least 2,000 square feet, at least two off-street parking spaces shall be provided per dwelling unit, and parking shall be provided for the commercial use in accordance with § 27-609, Subsection 21, of this chapter.
E.
Accessory uses and structures to the above permitted uses when on the same lot as and customarily incidental to the permitted use.
§ 27-544 Area, Yard and Height Regulations.
[Ord. 1159, 9/11/2014]
1.
Lot Size. The minimum lot size shall be 3,000 square feet.
2.
Lot Width. The minimum lot width shall be 40 feet at the building setback line and 30 feet at the street line for detached buildings.
3.
Front Yard. There shall be a front yard on each street on which a lot abuts, which shall be not less than 25 feet in depth, except as provided in § 27-613 of this chapter. The front yard on the long side of a corner lot may be reduced to a depth of not less than 10 feet.
4.
Side Yards.
5.
Rear Yard. There shall be a rear yard on each lot, which shall be not less than 25 feet in depth.
6.
Building Coverage. Not more than 45% of the area of each lot may be occupied by buildings.
7.
Building Height. No building shall exceed 35 feet in height.
§ 27-551 Specific Intent.
[Ord. 1159, 9/11/2014]
It is the purpose of this district to provide for development of school facilities.
§ 27-552 Uses Permitted by Right.
[Ord. 1159, 9/11/2014]
1.
Land and buildings in an Institutional District may be used for the following purposes and no others:
A.
State-licensed nursery school or day-care center, elementary, middle, junior or senior high school, public and private school administrative offices, playgrounds and athletic fields.
B.
Municipal building and/or use, to which no area or access regulations, as hereinbefore or hereafter provided, shall apply.
C.
Park, playground or similar noncommercial recreational area.
§ 27-553 Area, Yard, and Height Regulations.
[Ord. 1159, 9/11/2014]
1.
Lot Size. The minimum lot size shall be 20,000 square feet.
2.
Lot Width. The minimum lot width shall be 100 feet at the building setback line and the street line.
3.
Front Yard. There shall be a front yard on each street on which a lot abuts, which shall be not less than 25 feet in depth.
4.
Side Yards. There shall be two side yards on each lot, which shall be not less than 30 feet in aggregate width, and neither of which shall be less than 15 feet in width.
5.
Rear Yard. There shall be a rear yard on each lot, which shall be not less than 25 feet in depth.
6.
Building Coverage. Not more than 35% of the area of each lot may be occupied by buildings.
7.
Building Height. No building shall exceed 40 feet in height.