Sinking Spring City Zoning Code
ARTICLE V
District Regulations
§ 196-10 R-1 Suburban Residential District.
A.
Intent. It is the purpose of this district to maintain existing residential areas and allow for their expansion at similar densities.
B.
Uses permitted by right. Land and buildings in R-1 districts shall be used for the following purposes and no others, unless a special exception is granted:
(1)
Single-family detached dwellings.
(2)
Residential accessory uses.
(3)
Municipal use.
(4)
Forestry (including but not limited to timber harvesting).
(5)
No-impact home-based business.
(6)
Municipal use.
(7)
Condominium or planned development, subject to the requirements of Subsection F of this section of this chapter.
[Added 11-27-2019 by Ord. No. 639]
C.
Uses permitted by special exception. The following uses are permitted when special exceptions are granted by the Zoning Hearing Board. Standards to be used in determining whether a special exception should be granted are found in § 196-64 of this chapter.
(1)
School licensed by the Pennsylvania Department of Education, provided that:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
Minimum lot size shall be three acres.
(b)
The minimum front, rear and side yards shall be 75 feet.
(2)
Place of worship, provided that:
(a)
Minimum lot size shall be two acres.
(b)
The minimum front, rear and side yards shall be 50 feet.
(3)
Playground or similar noncommercial recreation area owned and operated by a public or private nonprofit agency.
(4)
Home-based business, subject to home-based business regulations found in § 196-43 of this chapter.
D.
Uses permitted by condition.
(1)
Age-restricted development.
(a)
A landowner may submit an application (in duplicate) to the Borough Council for permission to develop an age-restricted development, subject to the age-restricted development regulations found in § 196-49 of this chapter. Such application shall include a legal description of the property included within the development and a scaled map showing the overall development plan of the development and containing all information necessary to determine that all regulations of this chapter have been met. In addition, the application shall include a statement signed by the applicant stating that the applicant agrees to be bound by the decision of the Borough Council.
(b)
After receiving an application to develop an age-restricted development, the Borough Council shall refer one copy of the application to the Borough Planning Commission for its review. The Planning Commission shall, within 30 days, make its recommendations regarding the application to the Borough Council.
(c)
Within 60 days after receiving an application, the Borough Council shall conduct a public hearing, pursuant to public notice, to determine whether or not the application for permission to develop an age-restricted development is approved or disapproved, and shall notify the applicant of the same in accordance with all applicable laws and ordinances which are in effect. The Borough Council, if an approval is granted, shall have the right to attach reasonable conditions and relevant restrictions, as permitted by law. No building permits shall be issued until the requirements of Subsection D(1)(d) below are complied with. The statement granting permission shall stipulate that such approval is contingent upon compliance with all the requirements of Chapter 170, Subdivision and Land Development, of this Code..
(d)
After being granted permission to develop an age-restricted development the landowner must comply with all procedures and other requirements listed in Chapter 170, Subdivision and Land Development, of this Code.
E.
Area, height and yard requirements (except as noted in Subsections C and D of this section).
Maximum Permitted | |
|---|---|
Building height | 35 feet |
Lot coverage | 40% |
Minimum Requirements | |
|---|---|
Lot size | 7,500 square feet (public sewer and water required) |
Lot width | |
At street line | 40 feet |
At building setback line | 70 feet |
Rear yard | 20 feet |
Side yard | |
Total | 20 feet |
One side | 10 feet |
Building setback line | 25 feet |
F.
Dimensional and performance standards for condominium and planned development uses in the R-1 Suburban Residential Zoning District. Condominiums or planned developments in the R-1 Suburban Residential Zoning District are subject to the following regulations:
[Added 11-27-2019 by Ord. No. 639]
(1)
The minimum amount of land in the proposed development shall be 10 acres.
(2)
The development shall be served by public sewage disposal and water supply facilities.
(3)
The overall density of the development shall not exceed 15 dwelling units per acre.
(4)
Permitted uses shall include single-family detached dwellings, single-family semidetached dwellings, two-family detached dwelling, two-family semidetached dwellings, townhouses, apartment buildings and senior independent living facilities, assisted living facilities, congregate care facilities and personal care facilities. Senior independent living facilities, assisted living facilities, congregate care facilities and personal care facilities within a planned development shall be subject to the dimensional restrictions and performance standards set forth at § 196-52 of this chapter. In addition, buildings and uses accessory to these uses, such as clubhouses, swimming pools and other customary accessory uses and buildings shall be permitted uses.
(5)
The plan of the development shall comply with all the general regulations of this chapter which are applicable to an R-1 District.
(6)
Not less than 20% of the gross area of the tract to be developed shall be permanently set aside for common open space purposes, such as recreation or conservation of natural features. This area shall be suitable for the designated purpose and contain no structure or parking facility except as related to and incidental to open space uses. The use proposed must provide a desirable community facility which can be enjoyed by the residents of the development. Areas for common open space may be reserved for private use or dedicated to the Borough. For land which is not dedicated to the Borough, satisfactory written agreements acceptable to the Borough shall be made for their perpetual preservation and maintenance. The Borough may require that perimeter walking paths or trails be made accessible to the public.
(7)
Specific sections of the development shall be designated for townhouses (if these uses are included in the plan), specific sections of the development shall be designated for apartments (if these uses are included in the plan), and specific sections of the development shall be designated for single-family detached dwellings (if these uses are included in the plan).
(8)
With respect to apartment portions of a planned development:
(a)
Not more than 10% of all apartment dwelling units may contain more than two bedrooms.
(b)
At least 3,112 square feet of land shall be available for each dwelling unit with one bedroom.
(c)
At least 3,630 square feet of land shall be available for each dwelling unit with two bedrooms.
(d)
At least 4,356 square feet of land shall be available for each dwelling unit with more than two bedrooms.
(e)
One-bedroom apartments shall have interior space of not less than 550 square feet, if a single-level apartment, and not less than 650 square feet, if a multilevel apartment.
(f)
Two-bedroom apartments shall have interior space of not less than 700 square feet, if a single-level apartment, and not less than 850 square feet, if a multilevel apartment.
(g)
Apartments having more than two bedrooms shall have interior space of not less than 950 square feet, if a single-level apartment, and not less than 1,000 square feet, if a multilevel apartment.
(9)
The areas designated for townhouses shall not be developed at a density to exceed 10 dwelling units per acre. The maximum length of an apartment building shall be 210 feet. This length limitation shall apply solely to traditional apartment buildings.
(10)
No apartment building shall be closer than 50 feet to another dwelling.
(11)
The number of townhouse units within a continuous grouping shall not exceed six.
(12)
No townhouse units within a continuous row of townhouses shall be closer than 50 feet to a dwelling unit not in that row of townhouses; except 20 feet, side to side, between two groups is allowed.
(13)
Within any continuous group of townhouses there shall be at least two different architectural plans having substantially different designs, building materials, and exterior elevations. In addition, no more than three continuous townhouses shall have the same front setback, and the variations in front setback shall be at least four feet.
(14)
All structures shall be a minimum of 50 feet from the property lines of the development.
(15)
No building shall have a height exceeding 45 feet.
(16)
No apartment building shall be located within 10 feet of any street right-of-way line.
(17)
No townhouse shall be located within 25 feet of any street right-of-way line.
(18)
Parking shall be provided on the lot of the townhouse or in a joint parking facility for a group of townhouses with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities.
(19)
Exterior storage areas for trash and rubbish shall be completely screen from view on three sides and all trash and rubbish shall be contained in airtight, verminproof containers.
(20)
Common parking areas for townhouses or apartments shall not be designed or located to require cars to back into streets in order to leave the parking areas. All dead-end parking lots shall provide adequate area into which cars parked in the end stalls of the lots may back.
(21)
Common parking areas and access drives for townhouses or apartments shall be located a minimum of 10 feet from all structures and from the exterior lot lines of the development.
(22)
Entrance and exit ways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the areas.
(23)
Parking areas shall be designed to prevent through traffic to other parking areas. No more than 100 parking spaces shall be accommodated in any one parking area, and all parking areas shall be landscaped.
(24)
The development shall provide for 1.75 parking spaces for each apartment.
(25)
Notwithstanding § 170-23C(1) of Chapter 170, Subdivision and Land Development, of the Code of the Borough of Sinking Spring, the cartway width of streets in the planned development shall be not less than 24 feet.
(26)
Notwithstanding § 170-23G(3) of Chapter 170, Subdivision and Land Development, of the Code of the Borough of Sinking Spring, street intersecting another street in a planned development shall either intersect directly opposite each other or shall be separated by at least 80 feet between center lines, measured along the center line of the street being intersected.
(27)
A master land development plan shall be required for the entire tract on which the planned development will be located. The master plan shall demonstrate a unified architectural theme, which, in the reasonable opinion of Borough Council, is consonant with the Borough's plans for the area of the Borough in which the planned development is to be located. As a part of the master plan, the developer shall present renderings of building elevations and a landscaping plan (including a buffering plan) to allow Borough Council a basis upon which to determine the consonance of the architectural design of the proposed planned development with the planned development of the area of the Borough in which the planned development is to be located. For the apartment buildings, at a minimum, developer shall maintain:
(a)
At least 33% masonry on the long sides of each building, net of fenestration;
(b)
The long sides of each building and roof lines will have offsets to provide visual relief;
(c)
Roofs will be sloped, either gabled or hipped; and
(d)
The architectural design will remain consistent throughout the Borough with variation in the color pallet from building to building.
(28)
The planned development shall adhere to the requirements of the Pennsylvania Storm Water Management Act (Act 167) and the ordinances of the Borough enacted pursuant to Act 167. In addition, the owner of each stormwater management facility or best management practice shall be responsible for maintaining each stormwater management facility or best management practice both in a functional and visually appealing condition.
§ 196-11 Agricultural Overlay District.
[Added 5-3-2012 by Ord. No. 591]
A.
Purpose. It is the purpose of this overlay district to provide for the orderly and efficient conducting of agricultural activities on large parcels of land within the R-1 Suburban Residential Zoning District, it being recognized that such activities promote economic growth and a sense of community by providing an opportunity for entrepreneurial and educational activities.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated in this subsection:
AGRICULTURE
The science or practice of farming, including cultivation of the soil for the growing of crops and the rearing of animals to provide food, wool or other products.
ANIMAL DENSITY
The maximum number of animals permitted on an acre. In calculating maximum numbers of animals, any fraction of an animal is to be disregarded.
CAGE
A four-sided enclosure used for the keeping of small animals. This enclosure must also contain a roof and floor. This definition is meant to include hutches; however, this excludes chicken coops which allow the animals to still have free range.
DOMESTICATED ANIMALS
Any of various animals that have been tamed and made fit for a human environment, excluding exotic animals and any potential harmful predators.
EXOTIC PET
A rare or unusual animal pet, or an animal kept as a pet which is not commonly thought of as a pet.
LIVESTOCK, LARGE
Large animals, including sheep, goats, llamas, ostriches, steers, cows, hogs, horses, and other similar animals (as determined by the Zoning Officer).
LIVESTOCK, SMALL
Small animals, including rabbits, chickens, turkeys, geese and other similar animals (as determined by the Zoning Officer), excluding roosters and swine.
LOT AREA
Area of an individual property according to the Berks County Tax Maps.
OUTDOOR ANIMAL
An animal that is kept outside.
PET
An animal customarily kept inside the primary residence and occasionally visits the outdoors.
PREY ANIMALS
Animals customarily considered as food for other animals native to the area.
C.
Applicable zoning districts. Agricultural activities shall be permitted upon the following parcels of land having the following Berks County Parcel Identification Nos.: (1) 79438605191385; (2) 79438605082583; (3) 79437612977289, located within the R-1 Suburban Residential Zoning District of the Borough, subject to the conditions and operational standards contained within this article.
D.
Conditions.
(1)
All structures used for housing livestock must be set back at least 100 feet from all property lines.
(2)
Manure and compost areas must be set back at least 100 feet from all property lines.
(3)
The site must be designed and maintained so that runoff from manure or compost storage areas will not drain onto adjacent properties.
(4)
Fencing/cages are required for any operation involving the keeping or raising of domesticated animals, as permitted by this chapter.
(5)
For animals typically considered as prey, the animals must be kept in individual cages, and the caged area must be surrounded by a separate perimeter fence.
(6)
Property must be kept clean and precautions must be taken to control vermin/bees/flies from neighboring properties. This includes the storage of manure or compost which shall not exceed eight cubic feet.
(7)
The minimum lot area and maximum animal density shall be as follows:
(a)
Small livestock:
[1]
Minimum lot area of five acres is required.
[2]
No roosters are allowed on lots less than five acres.
[3]
Four caged animals per acre are permitted in the overlay district.
(b)
Large livestock:
[1]
Minimum lot area of five acres is required.
[2]
Two animals per acre (except horses, cows, steers, buffaloes).
[3]
2.5 acres is required for horses, cows, steers, buffaloes.
[4]
Minimum lot area of 10 acres is required for keeping of swine.
E.
Operational standards.
(1)
Synthetic pesticides, herbicides and chemicals may be applied and stored only in accordance with applicable state and federal regulations.
(2)
No controlled substances, as defined by the Commonwealth of Pennsylvania's Controlled Substances, Drugs, Device and Cosmetic Act, may be grown, harvested or sold at the site.
(3)
The owner of the domestic animals shall exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt or odor.
(4)
Permit are required for any agricultural use.
F.
Apiary or honey-beekeeping permitted by special exception, subject to the following conditions.
(1)
Beekeeping must comply with the Pennsylvania Bee Law (3 Pa.C.S.A. §§ 2101 to 2117).
(2)
Beekeeping shall adhere to applicable portions of "The Best Management Practices for Safe Urban Beekeeping," as found on the website for the New York City Beekeepers Association.
(3)
The hive must be set back from any adjoining property, street line or access right-of-way a minimum of 30 feet.
(4)
The base of any hive which is within 30 feet of another property, street or right-of-way line shall be a minimum of six feet above the level of the surrounding ground.
(5)
The special exception conditions are contained in § 196-64 of this chapter.
§ 196-12 R-3 Suburban Residential District.
A.
Intent. It is the purpose of this district to provide for areas which may be developed for single-family detached and semidetached homes, limited nonresidential uses, and developments containing a variety of dwelling types, if permission is granted by the Borough Council.
B.
Uses permitted by right. Land and buildings in R-3 districts shall be used for the following purposes and no others, unless a special exception is granted or a development is permitted by condition:
(1)
Single-family detached dwellings.
(2)
Single-family semidetached dwellings.
(3)
Individual manufactured home.
(4)
Residential accessory uses.
(5)
Forestry (including but not limited to timber harvesting).
(6)
No-impact home-based business.
(7)
Municipal use.
C.
Uses permitted by special exception. The following uses are permitted when special exceptions are granted by the Zoning Hearing Board. Standards to be used in determining whether a special exception should be granted are found in § 196-64 of this chapter:
(1)
School licensed by the Pennsylvania Department of Education, provided that:
(a)
Minimum lot size shall be three acres.
(b)
The minimum front, rear and side yards shall be 75 feet.
(2)
Place of worship, provided that:
(a)
Minimum lot size shall be two acres.
(b)
The minimum front, rear and side yards shall be 50 feet.
(3)
Hospital, convalescent home, medical clinic, or similar institution, provided that:
(a)
Minimum lot size shall be two acres.
(b)
The minimum front, rear and side yards shall be 50 feet.
(4)
Playground or similar noncommercial recreation area owned and operated by a public or private nonprofit agency.
(5)
Home-based business, subject to home-based business regulations found in § 196-43 of this chapter.
D.
Uses permitted by condition.
(1)
Condominium or planned development.
(a)
A landowner may submit an application (in duplicate) to the Borough Council for permission to develop a condominium or planned development on his land. Such application shall include a legal description of the property included within the development and a scaled map showing the overall development plan of the development and containing all information necessary to determine that all the regulations of this chapter have been met. In addition, the application shall include a description of the means by which open space and recreation areas shall be preserved in such states for perpetuity, and a statement signed by the applicant stating that the applicant agrees to be bound by the decision of the Borough Council.
(b)
After receiving an application to develop a condominium or planned development, the Borough Council shall refer one copy of the application to the Borough Planning Commission for its review. The Planning Commission shall, within 30 days, make its recommendations regarding the application to the Borough Council.
(c)
Within 60 days after receiving an application, the Borough Council shall inform the applicant, in writing, whether or not his application for permission to develop a condominium or planned development is approved or disapproved. No building permits shall be issued until the requirements of Subsection D(1)(d) below are complied with. The statement granting permission shall stipulate that such approval is contingent upon compliance with all the requirements of Chapter 170, Subdivision and Land Development, of this Code.
(d)
After being granted permission to develop a condominium or planned development, the landowner must comply with all procedures and other requirements listed in Chapter 170, Subdivision and Land Development, of this Code.
(e)
Condominiums or planned developments are subject to the following regulations:
[1]
The minimum amount of land in the proposed development shall be 10 acres.
[2]
The development shall be served by public sewage disposal and water supply facilities.
[3]
The overall density of the development shall not exceed six dwelling units per acre.
[4]
Permitted uses shall include single-family detached dwellings, single-family semidetached dwellings, two-family detached dwellings, two-family semidetached dwellings, townhouses and apartment buildings.
[5]
The plan of the development shall comply with all the general Regulations of this chapter which are applicable to R-3 districts.
[6]
Not less than 20% of the gross area of the tract to be developed shall be permanently set aside for common open space purposes, such as recreation or conservation of natural features. This area shall be suitable for the designated purpose and contain no structure or parking facility except as related to and incidental to open space uses. The use proposed must provide a desirable community facility which can be enjoyed by the residents of the development. Areas for common open space may be reserved for private use or dedicated to the Borough. For land which is not dedicated to the Borough, satisfactory written agreements acceptable to the Borough shall be made for their perpetual preservation and maintenance.
[7]
Specific sections of the development shall be designated for townhouses (if these uses are included in the plan), specific sections of the development shall be designated for apartments (if these uses are included in the plan), and specific sections of the development shall be designated for single-family detached, single-family semidetached, two-family detached and two-family semidetached dwellings (if these uses are included in the plan). The paved area within areas devoted to townhouses and apartments shall not exceed 30%.
[8]
Those areas designated for apartments shall have:
[a]
At least 3,112 square feet of land provided for each dwelling unit with one bedroom.
[b]
At least 3,630 square feet of land provided for each dwelling unit with two bedrooms.
[c]
At least 4,356 square feet of land provided for each dwelling unit with three or more bedrooms.
[9]
The areas designated for townhouses shall not be developed at a density to exceed 10 dwelling units per acre. The maximum length of an apartment building shall be 160 feet.
[10]
No apartment building shall be closer than 50 feet to another dwelling.
[11]
The number of townhouse units within a continuous grouping shall not exceed six.
[12]
No townhouse within a continuous row of townhouses shall be closer than 50 feet to a dwelling unit not in that row of townhouses; except 20 feet, side to side, between two groups is allowed.
[13]
Within any continuous group of townhouses there shall be at least two different architectural plans having substantially different designs, building materials, and exterior elevations. In addition, no more than three continuous townhouses shall have the same front setback, and the variations in front setback shall be at least four feet.
[14]
All structures shall be a minimum of 60 feet from the property lines of the development.
[15]
No building shall have a height exceeding 35 feet.
[16]
No apartment building shall be located within 50 feet of any street right-of-way line, except as per Subsection D(1)(f) below.
[17]
No townhouse shall be located within 25 feet of any street right-of-way line, except as per Subsection D(1)(f) below.
[18]
Parking shall be provided on the lot of the townhouse or in a joint parking facility for a group of townhouses with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities.
[19]
Exterior storage areas for trash and rubbish shall be completely screened from view on three sides, and all trash and rubbish shall be contained in airtight, verminproof containers.
[20]
Common parking areas for townhouses or apartments shall not be designed or located to require cars to back into streets in order to leave the parking areas. All dead-end parking lots shall provide adequate areas into which cars parked in the end stalls of the lots may back.
[21]
Common parking areas and access drives for townhouses or apartments shall be located a minimum of 25 feet from all structures and from the exterior lot lines of the development.
[22]
Entrance and exit ways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the areas.
[23]
Parking areas shall be designed to prevent through traffic to other parking areas. No more than 60 parking spaces shall be accommodated in any one parking area, and all parking areas shall be landscaped.
[24]
Those areas designated for single-family detached, single-family semidetached, two-family detached and two-family semidetached dwellings shall meet the following regulations:
(f)
Provisions of an individual lot per residential dwelling unit is not required for condominium developments. However, all other area height and yard requirements under Subsection E of this section shall be met; except in the situation where a proposed road system is private and the streets are not to be dedicated to the Borough, the dwelling unit shall be set back a minimum of 20 feet from the edge of cartway or curbline.
(g)
The condominium plan shall comply with all the general regulations of this chapter which are applicable to the R-3 District.
E.
R-3 Suburban Residential District area, height, and yard requirements (except as noted in Subsections C and D of this section).
Single-Family Detached Dwelling | Single-Family Semidetached Dwelling | Two-Family Detached Dwelling | Two-Family Semidetached Dwelling Unit | |
|---|---|---|---|---|
Maximum lot coverage | 40% | 50% | 35% | 20% |
Maximum building height | 35 feet | 35 feet | 35 feet | 35 feet |
Minimum Regulations | ||||
Lot size | 7,500 square feet | 5,000 square feet per dwelling unit | 10,000 square feet | 4,000 square feet per dwelling unit |
Building setback line | 25 feet | 25 feet | 30 feet | 30 feet |
Lot width: | ||||
At street line | 40 feet | 30 feet per dwelling unit | 60 feet | 60 feet |
At building setback line | 70 feet | 40 feet | 80 feet | 80 feet |
Rear yard | 20 feet | 20 feet | 20 feet | 20 feet |
Side yard: | ||||
Total | 20 feet | 20 feet | 25 feet | |
One side | 10 feet | 10 feet | 10 feet | 20 feet |
Open space | 40% | 40% | 40% | 40% |
§ 196-13 R-4 Suburban Residential District.
A.
Intent. It is the purpose of this district to provide for areas which may be developed for single-family detached and semidetached homes, limited nonresidential uses, developments containing a variety of dwelling types, if permission is granted by Borough Council, and manufactured home parks, if special exceptions are granted.
B.
Uses permitted by right. Land and buildings in R-4 districts shall be used for the following purposes and no others, unless a special exception is granted or a development is permitted by condition:
(1)
Single-family detached dwellings.
(2)
Single-family semidetached dwellings.
(3)
Individual manufactured home.
(4)
Residential accessory uses.
(5)
Forestry (including but not limited to timber harvesting).
(6)
No-impact home-based business.
(7)
Municipal use.
C.
Uses permitted by special exception. The following uses are permitted when special exceptions are granted by the Zoning Hearing Board. Standards to be used in determining whether a special exception should be granted are found in § 196-64 of this chapter:
(1)
School licensed by the Pennsylvania Department of Education, provided that:
(a)
Minimum lot size shall be three acres.
(b)
The minimum front, rear and side yards shall be 75 feet.
(2)
Place of worship, provided that:
(a)
Minimum lot size shall be two acres.
(b)
The minimum front, rear and side yards shall be 50 feet.
(3)
Hospital, convalescent home, medical clinic, or similar institution, provided that:
(a)
Minimum lot size shall be two acres.
(b)
The minimum front, rear and side yards shall be 50 feet.
(4)
Playground or similar noncommercial recreation area owned and operated by a public or private nonprofit agency.
(5)
Home-based business, subject to home-based business regulations found in § 196-43 of this chapter.
(6)
Club or lodge organized for fraternal or social purposes, provided that the chief activity carried on shall not be one which is customarily carried on as a business and that the buildings and services shall be for the use of members and their guests only.
(7)
Manufactured home park, subject to:
(a)
The minimum area of a manufactured home park shall be five acres.
(b)
The manufactured home park must be served by public sewage disposal and water supply facilities.
(c)
Not less than 15% of the total area of the manufactured home park shall be devoted to recreation area for the use of all residents of the park. Provisions shall be made by the owner of the manufactured home park for the development, installation and maintenance of such recreation areas.
(d)
No manufactured home may be located closer than 75 feet to any street located outside the property lines of the park nor closer than 25 feet to any street located within the property lines of the manufactured home park.
(e)
The minimum allowable distance between any manufactured home, service or accessory building, or parking facility and a boundary line of the manufactured home park shall be 75 feet. The minimum allowable distance between any manufactured home and another manufactured home, service or accessory building, or common parking facility shall be 30 feet.
(f)
Two off-street parking spaces shall be provided for each manufactured home.
(g)
The limits of each manufactured home lot shall be clearly marked on the grounds by permanent flush stakes, markers or other suitable means.
(h)
The minimum dimensions for a manufactured home lot shall be 50 feet by 100 feet.
(i)
The overall density of the manufactured home park shall not exceed six dwelling units per acre.
D.
Uses permitted by condition.
(1)
Planned development.
(a)
A landowner may submit an application (in duplicate) to the Borough Council for permission to develop a planned development on his land. Such application shall include a legal description of the property included within the development and a scaled map showing the overall development plan of the development and containing all information necessary to determine that all the regulations of this chapter have been met. In addition, the application shall include a description of the means by which open space and recreation areas shall be preserved in such states for perpetuity, and a statement signed by the applicant stating that the applicant agrees to be bound by the decision of the Borough Council.
(b)
After receiving an application to develop a planned development, the Borough Council shall refer one copy of the application to the Borough Planning Commission for its review. The Planning Commission shall, within 30 days, make its recommendations regarding the application to the Borough Council.
(c)
Within 60 days after receiving an application, the Borough Council shall inform the applicant, in writing, whether or not his application for permission to develop a Planned Development is approved or disapproved. No building permits shall be issued until the requirements of Subsection D(1)(d) below are complied with. The statement granting permission shall stipulate that such approval is contingent upon compliance with all the requirements of Chapter 170, Subdivision and Land Development, of this Code.
(d)
After being granted permission to develop a planned development, the landowner must comply with all procedures and other requirements listed in Chapter 170, Subdivision and Land Development, of this Code.
(e)
Planned developments are subject to the following regulations:
[1]
The minimum amount of land in the proposed development shall be 10 acres.
[2]
The development shall be served by public sewage disposal and water supply facilities.
[3]
The overall density of the development shall not exceed six dwelling units per acre.
[4]
Permitted uses shall include single-family detached dwellings, single-family semidetached dwellings, two-family detached dwellings, two-family semidetached dwellings, townhouses and apartment buildings.
[5]
The plan of the development shall comply with all the general regulations of this chapter which are applicable to R-4 districts.
[6]
Not less than 20% of the gross area of the tract to be developed shall be permanently set aside for common open space purposes, such as recreation or conservation of natural features. This area shall be suitable for the designated purpose and contain no structure or parking facility except as related to and incidental to open space uses. The use proposed must provide a desirable community facility which can be enjoyed by the residents of the development. Areas for common open space may be reserved for private use or dedicated to the Borough. For land which is not dedicated to the Borough, satisfactory written agreements acceptable to the Borough shall be made for their perpetual preservation and maintenance.
[7]
Specific sections of the development shall be designated for townhouses (if these uses are included in the plan), specific sections of the development shall be designated for apartments (if these uses are included in the plan), and specific sections of the development shall be designated for single-family detached, single-family semidetached, two-family detached, and two-family semidetached dwellings (if these uses are included in the plan).
[8]
Those areas designated for apartments shall have:
[a]
At least 3,112 square feet of land provided for each dwelling unit with one bedroom.
[b]
At least 3,630 square feet of land provided for each dwelling unit with two bedrooms.
[c]
At least 4,356 square feet of land provided for each dwelling unit with three or more bedrooms.
[9]
The areas designated for townhouses shall not be developed at a density to exceed 10 dwelling units per acre.
[10]
The maximum length of an apartment building shall be 160 feet.
[11]
No apartment building shall be closer than 50 feet to another dwelling.
[12]
The number of townhouse units within a continuous grouping shall not exceed six.
[13]
No townhouse within a continuous row of townhouses shall be closer than 50 feet to a dwelling unit not in that row of townhouses, except the side-to-side separation of two townhouse groups shall not be less than 20 feet.
[14]
Within any continuous group of townhouses there shall be at least two different architectural plans having substantially different designs, building materials, and exterior elevations. In addition, no more than three continuous townhouses shall have the same front setback, and the variations in front setback shall be at least four feet.
[15]
All structures shall be a minimum of 60 feet from the property lines of the development.
[16]
No building shall have a height exceeding 35 feet.
[17]
No apartment building shall be located within 50 feet of any street right-of-way line.
[18]
No townhouse shall be located within 25 feet of any street right-of-way line.
[19]
Parking shall be provided on the lot of the townhouse or in a joint parking facility for a group of townhouses with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities.
[20]
Exterior storage areas for trash and rubbish shall be completely screened from view on three sides, and all trash and rubbish shall be contained in airtight, verminproof containers.
[21]
Common parking areas for townhouses or apartments shall not be designed or located to require cars to back into streets in order to leave the parking areas. All dead-end parking lots shall provide adequate areas into which cars parked in the end stalls of the lots may back.
[22]
Common parking areas and access drives for townhouses or apartments shall be located a minimum of 25 feet from all structures and from the exterior lot lines of the development.
[23]
Entrance and exit ways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the areas.
[24]
Parking areas shall be designed to prevent through traffic to other parking areas. No more than 60 parking spaces shall be accommodated in any one parking area, and all parking areas shall be landscaped.
[25]
Those areas designated for single-family detached, single-family semidetached, two-family detached and two-family semidetached dwellings shall meet the following regulations:
E.
R-4 Suburban Residential District area, height, and yard requirements (except as noted in Subsections C and D of this section).
Single-Family Detached Dwelling | Single-Family Semidetached Dwelling | Two-Family Detached Dwelling | Two-Family Semidetached Dwelling | |
|---|---|---|---|---|
Maximum lot coverage | 40% | 50% | 35% | 20% |
Maximum building height | 35 feet | 35 feet | 35 feet | 35 feet |
Minimum regulations | ||||
Lot size | 7,500 square feet | 5,000 square feet per dwelling unit | 10,000 square feet | 4,000 square feet/dwelling unit |
Building setback line | 25 feet | 25 feet | 30 feet | 30 feet |
Lot width: | ||||
At street line | 40 feet | 30 feet per dwelling unit | 60 feet | 60 feet |
At building setback line | 70 feet | 40 feet | 80 feet | 80 feet |
Rear yard | 20 feet | 20 feet | 20 feet | 20 feet |
Side yard: | ||||
Total | 20 feet | 20 feet | 25 feet | |
One side | 10 feet | 10 feet | 10 feet | 20 feet |
Open space | 40% | 40% | 40% | 40% |
§ 196-14 R-5 Urban Residential District.
A.
Intent. It is the purpose of this district to provide for the maintenance and expansion of certain existing residential areas within the Borough.
B.
Uses permitted by right. Land and buildings in R-5 districts shall be used for the following purposes and no others, unless a special exception is granted:
(1)
Single-family detached dwellings.
(2)
Single-family semidetached dwellings.
(3)
Two-family detached dwellings.
(4)
Residential accessory uses.
(5)
Forestry (including but not limited to timber harvesting).
(6)
No-impact home-based business.
(7)
Municipal use.
C.
Uses permitted by special exception. The following uses are permitted when special exceptions are granted by the Zoning Hearing Board. Standards to be used in determining whether a special exception should be granted are found in § 196-64 of this chapter.
(1)
School licensed by the Pennsylvania Department of Education, provided that:
(a)
Minimum lot size shall be two acres.
(b)
The minimum front, rear and side yards shall be 50 feet.
(2)
Place of worship, provided that:
(a)
Minimum lot size shall be one acre.
(b)
The minimum front, rear and side yards shall be 50 feet.
(3)
Playground or similar noncommercial recreation area owned and operated by a public or private nonprofit agency.
(4)
Hospital, convalescent home, medical clinic or similar institution, provided that:
(a)
Minimum lot size shall be one acre.
(b)
The minimum front, rear and side yards shall be 50 feet.
(5)
Home-based business, subject to the home-based business regulations found in § 196-43 of this chapter.
(6)
Group homes.
D.
Uses permitted by condition.
(1)
Age-restricted development.
(a)
A landowner may submit an application (in duplicate) to the Borough Council for permission to develop an age-restricted development, subject to the age-restricted development regulations found in § 196-49 of this chapter. Such application shall include a legal description of the property included within the development and a scaled map showing the overall development plan of the development and containing all information necessary to determine that all regulations of this chapter have been met. In addition, the application shall include a statement signed by the applicant stating that the applicant agrees to be bound by the decision of the Borough Council.
(b)
After receiving an application to develop an age-restricted development, the Borough Council shall refer one copy of the application to the Borough Planning Commission for its review. The Planning Commission shall, within 30 days, make its recommendations regarding the application to the Borough Council.
(c)
Within 60 days after receiving an application, the Borough Council shall inform the applicant, in writing, whether or not his application for permission to develop an age-restricted development is approved or disapproved. No building permits shall be issued until the requirements of Subsection D(1)(d) below are complied with. The statement granting permission shall stipulate that such approval is contingent upon compliance with all the requirements of Chapter 170, Subdivision and Land Development, of this Code.
(d)
After being granted permission to develop an age-restricted development the landowner must comply with all procedures and other requirements listed in Chapter 170, Subdivision and Land Development, of this Code.
E.
R-5 District area, yard and height requirements (Except as noted in Subsections C and D of this section).
Single-Family Detached Dwelling | Single-Family Semidetached Dwelling | Two-Family Detached Dwelling | Permitted Nonresidential Uses | |
|---|---|---|---|---|
Maximum lot coverage | 50% | 50% | 40% | 40% |
Maximum building height | 35 feet | 35 feet | 35 feet | 35 feet |
Minimum regulations | ||||
Lot size | 5,000 square feet | 4,500 square feet/dwelling unit | 9,000 square feet | 7,500 square feet |
Building setback line | 25 feet | 25 feet | 25 feet | 25 feet |
Lot width: | ||||
At street line | 30 feet | 30 feet/dwelling unit | 35 feet | 35 feet |
At building setback line | 50 feet | 40 feet | 70 feet | 70 feet |
Rear yard | 20 feet | 20 feet | 20 feet | 20 feet |
Side yard: | ||||
Total | 15 feet | 20 feet | 20 feet | 20 feet |
One side | 6 feet | 10 feet | 10 feet | 10 feet |
Open space | 30% | 30% | 30% | 30% |
§ 196-15 R-6 Urban Residential District.
A.
Intent. It is the purpose of this district to provide for areas in which a variety of residential uses, including multiple-family development, may locate by right at densities higher than those permitted in other residential districts.
B.
Uses permitted by right. Land and buildings shall be used for the following purposes and no others unless a special exception is granted:
(1)
Single-family detached dwellings.
(2)
Single-family semidetached dwellings.
(3)
Two-family detached dwellings.
(4)
Two-family semidetached dwellings.
(5)
Townhouse in a townhouse development.
(6)
Apartment building in an apartment development.
(7)
Residential accessory use.
(8)
Forestry (including but not limited to timber harvesting).
(9)
No-impact home-based business.
(10)
Municipal use.
C.
Uses permitted by special exception. The following uses are permitted when special exceptions are granted by the Zoning Hearing Board. Standards to be used in determining whether a special exception should be granted are found in § 196-64 of this chapter.
(1)
School licensed by the Pennsylvania Department of Education, provided that:
(a)
Minimum lot size shall be two acres.
(b)
The minimum front, rear and side yards shall be 50 feet.
(2)
Place of worship, provided that:
(a)
Minimum lot size shall be one acre.
(b)
The minimum front, rear and side yards shall be 50 feet.
(3)
Playground or similar noncommercial recreation area owned and operated by a public or private nonprofit agency.
(4)
Hospital, convalescent home, medical clinic or similar institution, provided that:
(a)
Minimum lot size shall be one acre.
(b)
The minimum front, rear and side yards shall be 50 feet.
(5)
Home-based business, subject to home-based business regulations found in § 196-43 of this chapter.
(6)
Club or lodge organized for fraternal or social purposes, provided that the chief activity carried on shall not be one which is customarily carried on as a business and that the buildings and services shall be for the use of members and their guests only.
(7)
Residential conversion subject to residential conversion regulations found in § 196-44 of this chapter.
(8)
Group homes.
(9)
Halfway houses, providing the following conditions are met:
(a)
The applicant shall indicate the nature of the clients to be served and the type of treatment/care to be provided, including whether or not any counseling or other services will be provided for nonresidents;
(b)
The applicant shall provide evidence that the facility is sponsored and operated by an agency licensed, registered or certified by an applicable county, state or federal program. The facility shall notify the Borough in writing within 14 days if there is a change in the type of clients, the sponsoring agency or maximum number of residents, or if the license/registration/certification expires, is suspended or withdrawn.
(c)
The facility shall have twenty-four-hour on-site supervision by professionals trained to supervise the types of clients to be served by the facility.
(d)
If the facility will house persons presenting a potential physical threat to the safety of nonresidents, the facility operator shall provide evidence that sufficient staffing and other security measures will be provided.
(e)
The facility shall be located a minimum of 1,000 linear feet from any other such existing/approved facility.
(f)
If the facility is within a residential district, the building shall be maintained and/or constructed to ensure that it is similar in appearance, conditions and character to the other residential structures in the area, and only a sign, permitted in the applicable district, shall be permitted.
D.
Area yard and height requirements (except as noted in Subsection C of this section). (See table in Subsection E below.)
(1)
Additional regulations for townhouse and apartment developments.
(a)
Maximum number of townhouse permitted in one row: six.
(b)
Minimum distance between apartment buildings and another residential building: 50 feet.
(c)
Minimum distance between townhouses and dwellings not within the same row of townhouses: 50 feet, except 20 feet side to side.
(d)
Minimum open space and recreation area for apartment developments: 20%.
(e)
Minimum open space and recreation area for townhouse developments: 10%.
(f)
Minimum open space and recreation area for a development containing both apartments and townhouses: 20%.
(g)
Maximum length of apartment building: 160 feet.
(h)
Whenever a side or rear yard of an apartment development or development containing both apartments and townhouses adjoins an R-1, R-2, R-3, R-4 or R-5 District, vegetation which shall serve as an appropriate screen shall be placed within the side and/or rear yard.
(i)
No townhouse or apartment building shall be located closer than 25 feet from any driveway or parking area.
(j)
All dead-end parking lots shall provide adequate areas into which cars parked in the end stalls of the lots may back.
(k)
No parking area or driveway may be located within 25 feet of the exterior lot lines of the development.
(l)
Parking areas shall not be so designed or located to require or encourage cars to back into a public street in order to leave the lot.
(m)
Entrance and exit ways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the area.
E.
R-6 District area, yard and height requirements.
Single-Family Detached Single-Family Semidetached | Two-Family Detached | Two-Family Semidetached | Individual Townhouse | Townhouse Development | Apartment Development | Permitted Nonresidential Uses | |
|---|---|---|---|---|---|---|---|
Maximum permitted: | |||||||
Building height | 35 feet | 35 feet | 35 feet | 35 feet | 35 feet | 35 feet | 35 feet |
Lot coverage | 50% | 40% | 50% | 50% | 25% | 25% | 40% |
Paved area | 30% | 25% | |||||
Minimum Requirement: | |||||||
Lot size | 4,500 square feet/dwelling unit (d.u.) | 7,500 square feet | 7,500 square feet | 2,000 square feet | 80,000 square feet total; 4,400 square feet of lot area/d.u. | 80,000 square feet total; 4,356 square feet of lot area/d.u. 3+ bedrooms; 3,630 square feet/d.u. with 2 bedrooms; 3,112 square feet/d.u. with 1 bedroom | 7,500 square feet |
Lot width: | |||||||
At street line | 30 feet/d.u. | 35 feet | 35 feet | 18 feet | 150 feet | 150 feet | 35 feet |
At building setback line | 40 feet/d.u. | 70 feet | 70 feet | 18 feet | 150 feet | 150 feet | 70 feet |
Rear yard | 20 feet | 20 feet | 20 feet | 20 feet | 20 feet | 50 feet | 20 feet |
Side yard: | |||||||
Total | 15 feet | 22 feet | 50 feet | 100 feet | 20 feet | ||
One side | 6 feet | 10 feet | 15 feet | 10 feet/each townhouse | 25 feet | 50 feet | 10 feet |
Building setback line | 25 feet | 25 feet | 25 feet | 25 feet | 25 feet | 50 feet | 25 feet |
Open space | 30% | 30% | 30% | 30% | 30% | 30% | 30% |
§ 196-16 C-1 Neighborhood Commercial District.
A.
Intent. It is the purpose of this district to provide an area for commercial facilities, which provide goods and services to the surrounding neighborhood. The commercial establishments, which are permitted, are limited to those which serve the daily needs of nearby residents.
B.
Uses permitted by right. Land and buildings in C-1 districts shall be used for the following purposes and no others:
(1)
Retail business establishments for the sale of goods, such as, but not limited to: appliances, clothing, drugs, food, hardware, household supplies, liquor, newspapers, stationery, and tobacco.
(2)
Personal or household service establishments, such as, but not limited to: barbershops, beauty shops, restaurants, taverns, laundry and dry cleaning shops, and shops renting household goods and appliances.
(3)
Business, professional or government offices, agencies or studios.
(4)
Shops for the repair of goods sold in establishments permitted in Subsection B(1) above.
(5)
Rooming houses and boardinghouses.
(6)
Banks and fiduciary institutions.
(7)
Funeral home.
(8)
Place of worship.
(9)
Municipal use.
(10)
Club or lodge organized for fraternal or social purposes.
(11)
Apartment building, subject to:
(a)
Maximum building height shall be 35 feet.
(b)
Maximum lot coverage shall be 25%.
(c)
The maximum length of an apartment building shall be 160 feet.
(d)
No apartment building shall be located within 25 feet of a property line of the development or street right-of-way line.
(e)
The minimum distance between buildings shall be 40 feet.
(f)
The overall density of the development shall not exceed 12 dwelling units per acre.
(g)
The minimum lot size shall be 10,000 square feet.
(h)
A minimum of 20% of the total area of the development shall be permanently devoted to common open space areas. The subdivider shall make provision for the development and perpetual maintenance of such common open space areas.
(i)
All parking areas shall be landscaped.
(j)
Entrance and exit ways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the area.
(k)
Common parking areas shall be located a minimum of 15 feet from all structures, from the exterior lot lines of the development, and from all street rights-of-way.
(l)
Evergreen plantings shall be provided to screen all common parking areas from the view of all property lines of the development.
(m)
Access drives shall be located a minimum of 15 feet from all structures and the exterior lot lines of the development.
(n)
Exterior storage areas for trash and rubbish shall be completely screened from view on three sides, and all trash and rubbish shall be contained in airtight, verminproof containers.
(o)
Common parking areas shall not be designed or located to require cars to back into streets in order to leave the parking areas. All dead-end parking lots shall provide adequate areas into which cars parked in the end stalls of the lots may back.
(p)
Minimum street frontage shall be 70 feet.
(q)
The maximum lot coverage plus paved area, excluding streets, shall be 55%.
(12)
Motor vehicle service stations or gas stations, provided the same have available to the public two garage bays, one operating lift, and provide to the public light repair of automobiles and sell automobile accessories.
(13)
Accessory buildings and uses to the above permitted uses when on the same lot.
(14)
Forestry (including but not limited to timber harvesting).
C.
Uses permitted by special exception. The following uses are permitted when special exceptions are granted by the Zoning Hearing Board. Standards to be used in determining whether a special exception should be granted are found in § 196-64 of this chapter.
(1)
Wholesale business establishments for the sale of goods, such as, but not limited to: appliances, clothing, drugs, food, hardware, household supplies, liquor, newspapers, stationery and tobacco.
(2)
Banquet facilities/catering business.
(3)
Group homes.
(4)
Halfway houses, providing the following conditions are met:
(a)
The applicant shall indicate the nature of the clients to be served and the type of treatment/care to be provided, including whether or not any counseling or other services will be provided for nonresidents;
(b)
The applicant shall provide evidence that the facility is sponsored and operated by an agency licensed, registered or certified by an applicable county, state or federal program. The facility shall notify the Borough in writing within 14 days if there is a change in the type of clients, the sponsoring agency or maximum number of residents or if the license/registration/certification expires, is suspended or withdrawn.
(c)
The facility shall have twenty-four-hour on-site supervision by professionals trained to supervise the types of clients to be served by the facility.
(d)
If the facility will house persons presenting a potential physical threat to the safety of nonresidents, the facility operator shall provide evidence that sufficient staffing and other security measures will be provided.
(e)
The facility shall be located a minimum of 1,000 linear feet from any other such existing/approved facility.
(f)
If the facility is within a residential district, the building shall be maintained and/or constructed to ensure that it is similar in appearance, conditions and character to the other residential structures in the area, and only a sign, permitted in the applicable district, shall be permitted.
D.
Special procedural requirements.
(1)
More than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot. More than one principal use may be located within a single building, as in the case of a shopping center.
(2)
When more than one structure housing a principal use is to be erected on a single lot or more than one principal use is to be located within a single building, a plan of the development must be submitted to the Borough Planning Commission for review and be approved by the Borough Council. The plan shall include:
(a)
The location, boundaries, dimensions and ownership of the land to be included within the development.
(b)
The location, dimensions, arrangement and proposed use of all buildings, open spaces, yards, accessways, entrances, exits, off-street parking facilities, loading and unloading facilities, buffer areas and screening devices.
(c)
A description of the provisions made for sewage and waste disposal, water supply, and stormwater drainage.
(d)
Sufficient data to enable the Borough to judge the effectiveness of the design and the character of the proposed used, its compliance with the requirements of this chapter, and to consider properly such things as its relationship to surrounding areas, anticipated traffic, and the public health, safety and welfare.
(3)
The Borough Council shall render its decision to the applicant within 90 days after the plan has been submitted to the Borough Planning Commission.
E.
Area, yard and height regulations.
Maximum Permitted | |
|---|---|
Building height | 35 feet |
Lot coverage | 50% |
Lot coverage plus paved area | 90% |
Minimum Requirements | |
|---|---|
Lot size | 4,000 square feet (public sewer and water required) |
Lot width: | |
At street line | 40 feet |
Rear yard | 20 feet |
Side Yard: | |
Total | 12 feet |
One side | 6 feet |
Distance between highway access points | 75 feet |
Building setback line | 25 feet |
Open space | 10% |
F.
Performance standards.
(1)
If there is more than one principal building constructed on a lot, the proposed development shall be designed as part of a single architectural and landscaping scheme.
(2)
When the side and/or rear yard of a commercial lot adjoins a residential district, a 15-foot buffer strip, suitably landscaped to provide a screen and in which no parking or structures are permitted, shall be provided in the side and/or rear yard adjoining a residential district.
§ 196-17 C-2 General Commercial District.
A.
Intent. It is the purpose of this district to provide an area where a wide range of commercial activities may locate.
B.
Uses permitted by right. Land and buildings in C-2 districts shall be used for the following purposes and no others, unless a special exception is granted:
(1)
Any use permitted by right in the C-1 District, except apartment buildings.
(2)
Motor vehicle service station, subject to:
(a)
Fuel pumps shall be at least 20 feet from any street line.
(b)
All activities except those required to be performed at the fuel pumps shall be performed within a completely enclosed building.
(c)
All automobile parts, dismantled vehicles, and similar articles shall be stored within a building.
(d)
All fuel, oil or similar substances, except that stored at the fuel pumps, shall be stored at least 35 feet from any street or lot line.
(3)
Car washing facility, subject to:
(a)
No structure shall be located less than 25 feet from any lot line.
(b)
An approach drive or parking area to accommodate a minimum of four cars per bay shall be constructed for the purpose of avoiding an accumulation of cars backing upon a public thoroughfare, except in the case of a facility where only one bay is provided. In such case, the approach drive or parking area shall be constructed to accommodate a minimum of eight cars.
(4)
Repair garage facility, subject to:
(a)
No building shall be closer than 25 feet to any lot line.
(b)
All repair activities shall be performed within a completely enclosed building.
(c)
All outdoor storage of dismantled vehicles, automobile parts, and similar items shall be adequately screened from view by a fence constructed of such material and in such a manner that the outdoor storage of materials is not visible.
(5)
Motor vehicle or vehicular dwelling sales agency.
(6)
Hotel or motel, provided the minimum lot size, in all cases, is 80,000 square feet.
(7)
Distributing or trucking establishment.
(8)
Indoor or outdoor place of amusement or recreation.
(9)
Lumber and building material supply establishment.
(10)
Wholesaling establishment.
(11)
Accessory buildings and uses customarily incidental to the above permitted uses when on the same lot.
(12)
Forestry (including but not limited to timber harvesting).
(13)
Municipal use.
C.
Uses permitted by special exception. The following uses are permitted after a special exception is granted by the Zoning Hearing Board. The standards to be used in determining whether a special exception should be granted are found in § 196-64 of this chapter.
(1)
Any use of the same general character as any of the above permitted uses, subject to such additional reasonable safeguards as the Zoning Hearing Board may determine.
D.
Uses permitted by condition.
(1)
Methadone treatment facility, per § 196-50.
(2)
Adult entertainment uses, per § 196-50.
E.
Special procedural requirements. See § 196-16D, Special procedure requirements.
F.
Area, yard and height requirements (except as listed in Subsections B, C and D above).
Maximum Permitted | |
|---|---|
Building height | 35 feet |
Lot coverage | 50% |
Lot coverage and paved area | 80% |
Minimum Requirements | |
|---|---|
Lot size | 10,000 square feet (public sewer and water required) |
Lot width: | |
At street line | 80 feet |
At building setback line | 80 feet |
Rear yard | 20 feet |
Side yard: | |
Total | 20 feet |
One side | 10 feet |
Building setback line | 25 feet |
Open space | 20% |
G.
Performance standards. See § 196-16F, Performance standards.
§ 196-18 D-1 Downtown District.
[Amended 12-14-2023 by Ord. No. 658]
The regulations for the D-1 Downtown District are included as an attachment to this chapter.
§ 196-19 I-1 General Industrial District.
A.
Intent. It is the purpose of this district to provide for areas where a variety of industrial establishments and some commercial uses may locate. Residential uses are excluded.
B.
Uses permitted by right. Land and buildings in I-1 districts shall be used for the following purposes and no others, unless a special exception is granted.
(1)
Laboratory for research or testing.
(2)
Office building.
(3)
Manufacturer of jewelry, precision instruments, optical goods and similar products.
(4)
Manufacture and assembly of electrical appliances, supplies and equipment.
(5)
Warehouse or similar storage buildings.
(6)
Wholesale and distribution business, when carried on in an enclosed building.
(7)
Printing or publishing establishment.
(8)
Laundry and dry-cleaning plants.
(9)
Trucking establishment.
(10)
Compounding of pharmaceutical products.
(11)
Packaging and bottling establishments.
(12)
Light metal processes, including finishing, grinding, polishing, heat treating, and stamping.
(13)
Manufacturer of products from previously prepared materials such as canvas, cellophane, cork, felt, glass, hair, leather or plastic.
(14)
Manufacturer of beverages, clothing and other textile products, cosmetics, luggage, perfume, plastic products, rubber products, toys, sporting equipment, and wood and paper products.
(15)
Contractor or general service shop.
(16)
Retail sale of goods, provided the goods are sold on the same lot on which they are produced or offered for wholesale.
(17)
Accessory use on the same lot as any of the above permitted uses.
(18)
Cemetery vault manufacturing and sales.
(19)
Forestry (including but not limited to timber harvesting).
(20)
Municipal use.
C.
Uses permitted by special exception. The following uses are permitted when special exceptions are granted by the Zoning Hearing Board. Standards to be used in determining whether a special exception should be granted are found in § 196-64 of this chapter:
(1)
Outdoor storage, provided that such storage is enclosed by a satisfactory fence of planting and is not visible from the property line.
(2)
Assembly and fabrication of steel and metal products.
(3)
Manufacturer of building materials, heavy electrical equipment, machinery and machine tools.
(4)
Chemical and chemical products manufacture.
(5)
Processing of food products and animal feeds.
(6)
Metal processes, including metal treatment and processing.
(7)
Any use of the same general character as any of the above-permitted uses, subject to such additional reasonable safeguards as the Zoning Hearing Board may determine.
D.
Special procedural requirements. See § 196-16D, Special procedural requirements.
E.
Environmental performance standards.
(1)
The Borough Council may require safeguards to assure compliance with the following environmental standards. When required, the applicant shall demonstrate that adequate provisions will be made to reduce and minimize any objectionable elements. Nothing in this performance standard shall take precedence over any applicable current state or federal law governing air management, wastewater management, solid waste management or noise as enforced by the United States Environmental Protection Agency and the Pennsylvania Department of Environmental Protection or their successors.
(2)
Upon request of the Borough, the owner shall furnish or obtain proof at his own expense that he is in compliance with the following environmental standards.
(a)
Air management.
[1]
The only gas- or vapor-producing operations permitted are those necessary for heating or processing.
[2]
Open burning is not permitted.
[3]
Incineration shall be permitted only when required for the purpose of abating air pollution.
[4]
No gases, vapors or particulates shall be emitted from the facility which are harmful to persons, property, animals or vegetation.
[5]
No radioactive vapors or gases shall be emitted from the facility in harmful amounts as defined by the NRC regulations.
[6]
No odors causing annoyance or discomfort to the public, and which the Borough Council determines to be objectionable to the public, shall be detectable beyond the property boundaries.
[7]
The emission of any smoke at a density greater than No. 1 on the Ringlemann Smoke Chart as published by the U.S. Department of Interior Bureau of Mines shall not be permitted, except that smoke of a density of No. 2 may be emitted for not more than four minutes in any thirty-minute period. This standard shall not be applied to emissions where the presence of uncombined water is the only reason for the failure of the emission to meet the opacity limits. (Uncombined water produces a white "smoke" which vanishes a short distance from the stack.)
[8]
No emissions shall contain more than 500 parts per million by volume of oxides of sulfur expressed as SO2 on a dry basis.
[9]
National ambient air quality standards promulgated by the Administrator of the United States Environmental Protection Agency pursuant to the provisions of the Clean Air Act are hereby incorporated by reference.
[a]
Ambient air quality standards. The following standards shall apply and, unless otherwise stated, are maximum values that shall not be exceeded:
Concentrations Averaged Over | ||||
|---|---|---|---|---|
Contaminant | 1 Year | 30 Days | 24 Hours | 1 Hour |
Settled Particulate (total) | 0.8 mg/cm2/mo. | 1.5/mg/cm2/mo. | ||
Lead | 5 ug/m3 | |||
Beryllium | 0.01 ug/m3 | |||
Sulfates (as H2SO4) | 10 ug/m3 | 30 ug/m3 | ||
Fluorides (total soluble, as HF) | 5 ug/m3 | |||
Hydrogen Sulfide | 0.005 ppm | 0.1 ppm | ||
[10]
No manufacturing operation shall be permitted which produces more than 0.3 pounds of particulate matter per ton of product.
[11]
No more than 0.4 pounds of particulates per million BTU of heat input may be emitted.
(b)
Wastewater management.
[1]
All effluent must meet standards set by Borough ordinances.
[2]
In no case shall potentially dangerous effluent from plant operations be discharged.
(c)
Solid waste management.
[1]
No storage of waste materials on the lot shall be permitted. All waste materials awaiting transport shall be concealed from view from all adjacent properties.
[2]
Incineration for the purpose of disposing of liquid or solid waste material is not permitted.
(d)
Noise and vibration.
[1]
No continuous noise in excess of the following limits shall be permitted at the property line near the noise source.
Maximum Permissible Sound Pressure Level in Decibels Along Residence District Boundaries | |||
|---|---|---|---|
Frequency Band (cycles per second) | Between 10:00 p.m. and 7:00 a.m. | Between 7:00 a.m. 10:00 p.m. | Along Commercial District Boundaries or at Lot Lines |
20 to 75 | 63 | 71 | 73 |
75 to 150 | 55 | 64 | 66 |
150 to 300 | 47 | 58 | 60 |
300 to 600 | 41 | 53 | 55 |
600 to 1,200 | 37 | 49 | 52 |
1,200 to 2,400 | 35 | 47 | 50 |
2,400 to 4,800 | 33 | 46 | 48 |
4,800 to 10,000 | 32 | 44 | 47 |
[2]
Noise which is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m. may exceed the maximum permissible sound pressure levels in any band by the following number of decibels:
Amount of Time in Any One-Hour Period | Increase in Decibels* |
|---|---|
Not more than 12 minutes | 5 |
Not more than 3 minutes | 10 |
Not more than 1 minute | 15 |
NOTES: | |
|---|---|
* | Apply one of these increases only |
[a]
Transportation noise shall not be considered in measuring the sound pressure level.
[b]
The sound pressure level shall be measured with a sound level meter and an octave band analyzer that conforms to specifications published by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, 224.3-1944 and American Standard Specifications for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, 224.10-1953, American Standards Association, Inc., New York, New York, shall be used.)
[3]
No physical vibration shall be perceptible without use of instrument at or beyond the lot boundaries.
(e)
Visual.
[1]
No lighting shall be utilized in a manner which produces glare perceptible at or beyond the lot boundaries.
[2]
No advertising displays shall be utilized in a manner which produces periodic flashing or other intensity changes beyond the lot boundaries.
(f)
Electromagnetic.
[1]
No electromagnetic radiation shall be radiated that does not comply with the regulation of the FCC (Federal Communication Commission) or which interferes with radio or television reception or the operation of other equipment.
(g)
Heat.
[1]
Any operation producing heat shall be operated in such a manner as to prevent any effect from the heat beyond the property lines of the lot on which the operation is located.
F.
Area, yard, and height requirements.
Maximum Permitted | |
|---|---|
Building height | 40 feet |
Lot coverage (noting the open space requirements) | 50% |
Floor area ratio | 1.0 |
Paved area (noting the open space requirements) | 50% |
Minimum requirements | |
|---|---|
Lot size | 20,000 square feet (public sewer and water required) |
Lot width: | |
At street line | 100 feet |
At building setback line | 100 feet |
Rear yard | 30 feet |
Side yard: | |
Total | 30 feet |
One side | 15 feet |
Distance between highway access points | 75 feet |
Building setback line | 40 feet |
Improvement setback line | 10 feet |
Open space | 20% |
