Sunbury City Zoning Code
ARTICLE XI
Supplementary Regulations
§ 175-61 Agricultural uses.
Activities involving the use of buildings and land for gardening, farming, nurseries and greenhouses, riding academies, livery or boarding stables, dog kennels and animal hospitals shall be subject to the applicable regulations of the Commonwealth of Pennsylvania and to the following safeguards and regulations:
A.
Buildings in which animals are kept shall not hereafter be erected or converted within 100 feet of any lot line.
B.
Storage of manure or an odor- or dust-producing substance shall not be permitted within 100 feet of any lot line.
C.
The tilling of the soil, raising of crops, gardening and sale of produce grown on the premises shall be permitted in any district.
§ 175-62 Conversion apartments.
The conversion of a building into a dwelling for one or more families may be permitted subject to the following provisions:
§ 175-63 Group dwellings.
Group dwellings shall be permitted as a special exception in residential districts in conformance with the following:
A.
Lot area shall be in accordance with the provisions of the district.
B.
Lot coverage shall be in accordance with the provisions of the district.
C.
Yards. Interior yards (open space between buildings) shall be provided as follows:
(1)
When front to front, rear to rear, or front to rear, parallel buildings shall have 50 feet between faces for one story in height, plus five feet for each additional story. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distances at the other end. Where parking areas or bank grade changes are introduced in this space, the yard distance shall be at least 25 feet on each side of such features.
(2)
Between end walls of buildings, yard space of 25 feet for each one-story building, plus five feet for each additional story, shall be required.
(3)
Between end walls and front or rear faces of buildings, 30 feet for one story, plus five feet for each additional story, shall be required.
(4)
Outer and inner courts shall be permitted when such courts are not less than 50 feet or equal to the dimensions of the full height of the building walls enclosing the court, whichever is greater.
(5)
The minimum distance separating multiple-family buildings from nonresidential uses shall be not less than 40 feet.
D.
Buffer yards. Along any district boundary line separating nonresidential uses from residential uses, a buffer yard shall be provided and maintained in accordance with § 175-75 hereof.
E.
Off-street parking.
F.
Streets.
(1)
Plans for streets, drives, service access, parking, walks and all such facilities shall be reviewed and approved. All such facilities shall then be designed and installed in the manner prescribed by the Sunbury Land Subdivision Regulations, and amendments thereto,[1] for dedication, regardless of whether they are to be presented to the municipality for dedication or not.
(2)
Suitable access for firefighting equipment, refuse collection and snow removal shall be provided.
G.
Location. The site shall adjoin at least one of the major streets or be reasonably near so that the access drive or drives can be satisfactorily arranged to avoid increasing traffic on local residential streets.
§ 175-64 Motels.
In districts where permitted, motels shall be subject to the following safeguards and regulations:
§ 175-65 Premanufactured housing (mobile home parks).
[Amended 1-11-2016]
As a special exception, in the R-2 Residential District, mobile home parks may be permitted, subject to the following safeguards and regulations, and shall comply with all applicable state and/or municipal regulations now in effect or hereafter enacted.
A.
The application shall include a plan for the layout and design of the park, including a legal description and clearly setting forth the following information:
(1)
Minimum mobile home park area: A mobile home park shall have an area of at least 10 acres.
(2)
Boundaries of the tract.
(3)
The extent and area to be used for parking purposes.
(4)
Driveways and entrances, exits, roadways and walkways.
(5)
Location and number of proposed sanitary conveniences, including washrooms, laundry rooms, drying space, utility rooms and toilets.
(6)
Location of the sites for mobile homes.
(7)
Method and plan of sewage disposal.
(8)
Method and plan for garbage and trash removal.
(9)
Plans for electric lighting and service connections.
(10)
Plans for water supply and distribution.
(11)
Area to be used for play space.
B.
The driveways, exits, entrances and walks shall be lighted and paved in accordance with municipal standards. One-way-traffic driveways shall not be less than 12 feet wide, and two-way-traffic driveways shall not be less than 22 feet wide. Sidewalks shall be a minimum of five feet in width.
C.
An area of not less than 2,000 square feet shall be provided for each mobile home. No more than 30% of any lot shall be covered by structures.
D.
The minimum width of each mobile home space shall be 40 feet.
E.
The minimum depth of each mobile home space shall be not less than 50 feet or 30% longer than the mobile home, whichever requirement is greater.
F.
Each mobile home shall be located not less than 20 feet from any building or other mobile home and not less than 50 feet from the lot line bounding adjacent property. The maximum height of any building shall be 15 feet or one story.
G.
Separate provision shall be made for the parking of tow vehicles at a location removed from the mobile home spaces, and there shall be one off-street parking space not less than nine feet wide and 20 feet long for each mobile home space.
H.
In addition to the off-street parking required in Subsection G above, there shall be additional off-street parking spaces required equal to 1/2 the number of mobile home spaces provided in the mobile home park.
I.
Sewers. Each mobile home park shall be provided with sewage disposal facilities. The proposed provisions for sewerage shall be presented to the Zoning Hearing Board for approval before any mobile home shall be permitted on the site. Approval shall be given only when a collective-type sewerage facility is to be provided.
J.
Safe potable water supply shall be provided, and when no public supply is available, the source shall comply with the Environmental Protection Agency safe drinking water standards and shall be subject to the continuous inspection and approval of the City Health Officer and the State Department of Environmental Protection.
K.
Play space. Each park shall provide and equip a recreation area, the size and location to be subject to the approval of the Zoning Hearing Board.
L.
Buffer yard. When the proposed mobile home park is adjacent to an existing residential use or where the park abuts or is opposite different zone districts, a buffer yard of not less than 50 feet in depth shall be provided. This yard shall be planted with a combination of evergreen and deciduous material spaced so as to provide a year-round screen. The size, spacing and type of plant material shall be subject to the review and approval of the Zoning Hearing Board.
§ 175-66 Natural production uses.
The Zoning Hearing Board may authorize the following as special exceptions: the excavation and sale of topsoil, sand, gravel, clay, shale or other natural mineral deposits or the quarrying of any kind of rock formation, subject to the performance standards specified in § 175-80 hereof and the following conditions:
A.
Where deemed necessary by the Zoning Hearing Board, an open excavation shall be enclosed by a fence or wall not less than four feet in height and having openings no larger than six inches.
B.
No quarry wall shall be nearer than 150 feet to any property line or street line. However, in no case shall the slope between the property line or street line and the quarry wall exceed 20%.
C.
In the case of an open excavation, a slope no greater than 20% shall extend from property or street lines for a depth of 150 feet.
D.
A plan for reclamation of the site shall be submitted for review by the Zoning Hearing Board. Such plan shall take into consideration the following:
§ 175-67 Outdoor lighting.
All outdoor lighting shall be so arranged and shielded that no unreasonable glare or illumination is cast upon adjoining residential uses or creates a hazard to traffic in any district.
§ 175-68 Swimming pools.
A.
Every outdoor swimming pool of permanent construction, whether above- or belowground, shall be completely surrounded by a fence or wall not less than four feet in height, which shall be so constructed as not to have openings, holes or gaps larger than six inches in any dimension.
(1)
If a picket fence is erected or maintained, the horizontal or vertical dimension of space between pickets shall not exceed six inches.
(2)
A dwelling or an accessory building may be used as part of such enclosure.
(3)
All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching and locking device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
B.
The pool or structures accessory thereto may not be located closer than five feet to any property line of the parcel upon which it is located. Walks and paved areas may be included in this buffer strip.
§ 175-69 Automobile service stations.
In districts where permitted, automobile service stations shall be subject to the following safeguards and regulations:
B.
All driveways and service areas shall be paved with a hard surface material in accordance with the specifications of the Pennsylvania Department of Transportation, and adequate drainage shall be provided.
C.
Gasoline pumps and all service equipment shall be set back not less than 15 feet from any lot line and so located that vehicles stopped for service will not extend over the property line.
§ 175-70 Uses prohibited in all districts.
A.
The primary living and sleeping quarters of dwelling units shall not be permitted in cellars.
B.
The following uses are prohibited in all districts throughout the municipality:
(1)
The incineration (not including approved incinerators), reduction or storage of garbage, offal, animals, fish or refuse, unless by the authority of or under the supervision of the municipality.
(2)
Dumps and dumping of any kind, other than a sanitary landfill, unless by the authority of or under the supervision of the municipality.
(3)
Junkyards prohibited.
[Added 4-10-2017]
(a)
It shall be unlawful for any individual or business entity to establish, maintain, conduct, or allow any junkyard, as defined under § 175-4C herein, either on public or private property within the limits of the City of Sunbury.
(b)
The establishment, maintenance, or conduct of any junkyard, as defined under § 175-4C herein, within the limits of the City of Sunbury is hereby declared to be a public nuisance and liable to be abated as provided by law. Any junkyards heretofore established and now existing and maintained upon any property, either public or private, within the limits of the City of Sunbury in violation of this subsection, Article XI, § 175-70B(3), are hereby declared to be a nuisance and shall be removed by the owner, lessee, or proprietor of such premises within 90 days of the effective date of this subsection.
§ 175-71 Unspecified uses.
In any district established by this chapter, when a specific use is neither permitted nor denied, the Zoning Hearing Board shall make a determination as to the permitted uses in the district. No zoning permit shall be issued by the Zoning Officer for any unspecified use until this determination has been made.
§ 175-72 Public utility facilities.
Public utility facilities, where permitted, shall be subject to the following regulations:
A.
Buildings.
(1)
Front, side and rear yards shall be provided for 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)
Housed equipment. When the equipment is totally enclosed within a building, no fence or screen planting shall be required, and the yard shall be maintained in conformity with the district in which the facility is located.
(4)
The external design of the building shall be in conformity with the buildings in the districts.
B.
Unhoused equipment, such as substations, gas regulating stations, etc.
(1)
Unhoused equipment shall be enclosed with a chain-link fence six feet in height.
(2)
Screen planting in residential districts. The required fence for unhoused equipment shall be surrounded by an evergreen planting.
(3)
Access. Where vehicular access is across the front yard, the gate shall be constructed of solid materials having not less than 50% solid space in ratio to open space. In residential districts, the permitted public facility shall not include the storage of vehicles or equipment used in the maintenance of any utility, and no equipment causing noise, vibration, smoke, odor or hazardous effect shall be installed.
C.
Other facilities, such as poles, phone booths, telephone terminal boxes, etc., shall be permitted in any district without regard to the use and area regulations; provided, however, that such facilities other than poles shall comply with § 175-75B(6).
§ 175-73 Height regulations.
[Amended 1-11-2016]
A.
Height regulations shall not apply to any of the following, provided that the use is not for human occupancy: agricultural buildings, spires, belfries, cupolas penthouses, domes, chimneys, ventilators, skylights, water tanks, bulkheads, utility poles, silos, television and radio antennas and ornamental or necessary mechanical appurtenances.
B.
Radio transmission and receiving towers; cellular and television transmission or receiving towers: Such tower shall be set back from all tract boundary lines a distance equal to its height, and the base of such tower shall be surrounded by a chain-link fence and locked gate at least six feet high and located at least six feet from the outer edge of the base. The fence and gate shall be maintained in good condition. No new construction can occur from any utility lines or easements and from any building or buildings on the lot within the boundary lines of the tower.
C.
For all residential uses, accessory buildings shall not exceed 20 feet in height.
§ 175-74 On-lot water supply and sanitary sewage disposal facilities.
Where on-lot water supply and/or sanitary sewage are provided by individual on-lot facilities, the following regulations shall apply:
A.
Where both water and sanitary sewage disposal are provided by individual on-lot facilities, lots for single-family detached dwellings shall have a minimum area of 20,000 square feet and a minimum width at the building line of 100 feet.
B.
Where either water supply or sanitary sewage disposal, but not both, are provided by individual on-lot facilities, lots for single-family detached dwellings shall have a minimum area of 12,000 square feet and a minimum width, measured at the building line, of 80 feet.
C.
Notwithstanding the above, lot areas shall be increased to the size as deemed necessary after percolation tests.
D.
In all cases where public sewers are not available, the lot areas shall be of sufficient size to provide open areas, exclusive of parking or other paved areas, for a septic tank and tile field.
E.
All methods and plans for the on-lot disposal of sewage or wastes shall be designed in accordance with all applicable regulations pertaining to the treatment and disposal of sewage and wastes. A certificate or statement of adequacy from the appropriate agency shall be a prerequisite to the issuance of a zoning permit.
§ 175-75 Area regulations.
A.
On a lot held in single or separate ownership which does not fulfill the regulations for the minimum lot area and/or width for the district in which it is located, a building may be erected, altered and used thereon, and side yards may be reduced, to the point that would permit the owner to erect a building and insofar as possible fulfill the intent and purpose of the chapter when authorized by the Zoning Hearing Board as a variance.
B.
Yards shall be provided in accordance with the provisions set forth herein and shall be planted with grass seed, sod, ground cover or other vegetative cover, except in cases where walks, access drives, off-street parking lots, patios or other types of surfaces are permitted by this chapter. All yards shall be maintained and kept free of all debris and rubbish.
(1)
For setbacks, see district regulations.
(2)
Adjustments to meet existing setbacks in front yards.
(a)
When a lot is situated between two lots, each having a principal building which extends into the required front yard, the front yard of such lot may be the same depth as the average of the front yards of such two adjacent lots, notwithstanding the yard requirements of the district in which it is located.
(b)
Where a 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, 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)
Accessory buildings in residential districts may be constructed in accordance with the following provisions:
(a)
An accessory building shall be erected only within the rear yard.
(b)
If the rear property line abuts on the right-of-way of any street or alley, the accessory building shall not be less than 10 feet from the rear lot line.
(c)
If the rear property line abuts another lot, the accessory building shall not be less than five feet from the rear lot line.
(d)
It shall be at least 10 feet from the nearest wall of the main building, or this distance may be reduced to five feet if no windows or other openings are involved, or the accessory building may be integrated with the main building by contiguous wall, breezeway or other connection.
(e)
When a lot is situated between two lots, each having an accessory building that extends into the required rear yard setback, the rear yard setback of such lot may be the same depth as the average of the rear setbacks of the two adjacent lots, notwithstanding the rear yard setback requirements of the district in which it is located.
[Added 7-14-1997]
(f)
Where a lot adjoins only one improved lot having thereon an accessory building that extends into the rear yard setback, the rear yard setback of such lot may be the same depth as the accessory building setback of the adjoining lot, notwithstanding the yard requirements of the district in which it is located.
[Added 7-14-1997]
(4)
Parking lot screening and landscaping. The purposes for providing such landscaping are: to protect the public safety, to allow precipitation to return to the underground aquifers, to provide for natural drainage and for flood protection, to reduce the level of carbon dioxide and to return oxygen to the air, to provide shade and reduce blighting effects of parking lots, and to preserve property values of adjacent properties and to improve the appearance of the community.
[Amended 1-11-2016]
(a)
Off-street parking areas for more than five vehicles and all off-street loading areas shall abide by the following:
[1]
Such areas shall be effectively screened by a planting strip at least five feet in depth along all abutting property lines. The planting strip shall include a solid wall or a substantial, attractive, tight fence or evergreen hedges a minimum of four feet in height, and other shrubbery, vines, flowers, grass and other foliage.
[2]
A planting strip at least 10 feet in depth shall be located between the parking lot and abutting right-of-way except for accessways crossing the strip. Such a strip shall contain one shade tree for each 40 linear feet of the strip, and no tree shall be less than eight feet in height at the time of planting. The planting strip shall also contain shrubbery, vines, flowers, grass and other foliage.
[3]
All screening and landscaping areas shall be maintained in good condition, free of paper and rubbish and free from all advertising signs. All trees, shrubbery and other landscaping materials shall be maintained in a healthy and growing condition, with dead materials replaced as necessary.
[4]
A clear sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets.
[5]
Any parking lot or loading area which qualifies as a nonconforming use upon enactment of this chapter shall comply with the requirements for screening and landscaping upon any enlargement, extension, reconstruction or structural alteration.
(b)
Off-street parking areas for 12 or more vehicles shall abide by the following:
[2]
The interior of a parking lot, in addition to all border planting strips, shall contain planting areas dispersed throughout with not less than 5% of such interior area in landscaping. Such planting areas shall contain shade trees, with no tree less than eight feet in height at the time of planting shrubbery, vines, flowers, grass and other foliage.
(5)
Projections in yards.
(a)
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.
(b)
Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into any yard.
(c)
Patios, driveways, walks, parking areas, stairs and window wells and such other structures as are customarily incidental to the main building may project into the front, side or rear yards of a lot, provided that the finished grade elevation shall be not more than 12 inches above the yard grade.
(6)
Obstructions to vision.
(a)
No walk, fence, sign or other structure shall be erected or altered, and no hedge, trees, shrubs or other growth shall be maintained or permitted, which may cause danger to traffic on streets or public roads by obscuring the view.
(b)
At all intersections of streets, private roads and/or access drives, a clear sight triangle shall be maintained within which there shall be no visual obstructions, such as a wall, fence, sign or other structure; and no tree, hedge, shrub or other growth of more than three feet above the grade of the street and/or access drive or private road shall be erected, planted or maintained.
(c)
The clear sight triangle shall be as follows when measured from the point of intersection of:
(7)
Storage on lot. In all residential districts, no commercial vehicle, truck, tractor, trailer, mobile home, boat or any similar vehicle or equipment shall be parked or stored for more than 24 hours unless it is:
(a)
In an enclosed structure or the vehicle or equipment shall be completely screened from view from the adjoining properties and the street at all seasons of the year. The screening may be an evergreen hedge or fence or a combination of materials.
(b)
The storage of the vehicle or equipment shall not be permitted within any of the required front and side yards.
§ 175-76 Fences and walls.
[Amended 6-9-2003]
Fences and walls may be erected, altered and maintained within the yards and open spaces, provided that any such fence, wall or combination of fence and wall shall not exceed eight feet in height in R-1 and R-2 Residential Districts, NB Neighborhood Business Districts, CB Central Business District, HC Highway Commercial Districts and IP Industrial Park Districts. Retaining walls may also be erected, altered and maintained within the yards and open spaces, provided that any such wall shall not exceed from the level of the ground being retained a height of more than eight inches. A fence may be installed on top of a retaining wall, provided that the combination of fence and wall shall not extend from the level of the ground being retained a height of more than eight feet in R-1, and R-2 Residential Districts, NB Neighborhood Business Districts, CB Central Business District, HC Highway Commercial Districts and IP Industrial Park Districts.
§ 175-77 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 in 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 section shall not apply to specialized commercial or manufacturing processes where controlled light and/or ventilation are required.)
B.
Outer courts.
(1)
The width of any outer court upon which windows open from a living room, bedroom or dining room shall be not less than the height of any wall opposite such windows.
(2)
The depth of an outer court formed by walls on three sides shall be not greater than 1 1/2 times the width.
(3)
The width of an outer court shall be not less than 2/3 the height of any opposing wall forming said court.
C.
Inner courts.
(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 for apartment buildings and not less than 10 feet for two-family dwellings.
(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 fire-fighting equipment and shall be continuous from the inner court to a yard or an unobstructed open area with access to a street.
§ 175-78 Minimum habitable floor area. [1]
The minimum habitable floor area of a dwelling unit or any building or structure hereafter erected or used for living purposes shall be 600 square feet. In case of apartment houses and conversion apartments, the minimum habitable floor area shall be not less than 400 square feet per apartment, except those apartments designed for and occupied exclusively by one person, which apartments shall each contain not less than 300 square feet of habitable floor area.
[1]
Editor’s Note: An ordinance adopted on 1-9-2017 provided that the minimum habitable floor area shall be 900 square feet for the Central Business District only. An ordinance adopted on 6-28-2021, effective 7-12-2021, provided that the minimum habitable floor area of a residential rental unit in the Central Business District shall be 400 square feet.
§ 175-79 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.
§ 175-80 Performance standards.
Hereafter all uses of land, buildings and structures or industrial processes shall be prohibited that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration or similar substances or conditions; provided, however, that any uses may be permitted if adequate provisions, restrictions and safeguards to protect the health, safety, morals and general welfare of the community are established by a written agreement, subject to the securing of a permit therefor and subject to the carrying out of such provisions, restrictions and safeguards.
§ 175-81 Home occupations.
A.
The intent of this section is to permit those uses which will be of service nature and not involve the purchase and/or sale of goods.
B.
Any use customarily conducted within a dwelling by the residents thereof. The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the exterior appearance of the structure and premises shall be residential in character. There shall be no exterior evidence of the home occupation, except the permitted sign; and the use shall cause no offensive noise, vibration, smoke, dust, odor, heat or glare. Hereafter, no home occupation shall be permitted unless off-street parking space is provided. The off-street parking shall be in addition to the spaces required for the residential use and shall be at least two spaces.
C.
No more than one employee, other than the residents of the dwelling, shall be permitted unless additional employees would be authorized by the Zoning Hearing Board by special exception. Such special exception may be granted only when sufficient protection to neighboring properties is provided so that no adverse effect would result.
D.
A "home occupation" shall include but is not limited to dressmaking, millinery, seamstress, art studio, professional office of a physician, dentist, lawyer, engineer, architect, landscape architect, accountant and musical instruction when limited to a single pupil at a time. For the purpose of this chapter, barbershops and beauty shops shall be deemed home occupations.
§ 175-82 Drainage.
A building may be erected or used and a lot may be used or occupied only when in conformity with the following regulations:
B.
Building restricted adjacent to drainage channels and watercourses. Except for a boathouse, no building may be erected or relocated:
(1)
Within 30 feet of the natural or constructed edge of a stream channel or open drainageway, provided that the Zoning Hearing Board may authorize a reduction of this dimension when the applicant demonstrates that adequate safeguards have been provided for the natural flow of water downstream so as not to damage public or private property adjacent to said stream or drainageway.
(2)
So that its lowest floor designed and used for human habitation shall be an adequate height above the drainage channel to afford protection from surface water and groundwater.
C.
Obstructions. The following shall not be placed or caused to be placed in a stream channel or open drainageway: fences except two-wire fences, other structures or other matter which may impede, retard or change the direction of the flow of water in such stream or open drainageway or that will catch or collect debris carried by such water or that is placed where the natural flow of the stream would carry the same downstream to the damage or detriment of either public or private property adjacent to the said stream or open drainageway.
D.
Structure effect. Any structures permitted shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
E.
Structure anchoring. Any structure permitted shall be firmly anchored to prevent the structure from floating away and thus threaten life or property downstream or to further restrict bridge openings and other restricted sections of the stream or drainageway.
F.
Private sewage disposal systems. Private sewage disposal systems shall not be constructed within a stream or drainageway, but shall be constructed in accordance with the procedures and standards established by existing municipal ordinances.
G.
Municipal liability. The granting of a zoning permit in any drainage channels or watercourses, or adjacent thereto, shall not constitute a representation, guaranty or warranty of any kind or nature by the municipality or by an official or employee thereof of the practicability or safety of any structure, use or other plan proposed and shall create no liability upon or a cause of action against such public body, official or employee for any damage that may result pursuant thereto.
H.
Installation of fill materials. Fill may be placed at and within the outer line of a modified stream or drainageway when approved as a special exception by the Zoning Hearing Board and subject to the following conditions:
(1)
Satisfactory evidence shall be submitted to the Zoning Hearing Board indicating that the cross-sectional area of the modified stream or drainageway will not be significantly reduced.
(2)
Satisfactory evidence shall be submitted to the Zoning Hearing Board indicating that there will be no adverse flooding conditions created by the proposed fill.
(3)
Permission shall be obtained for the proposed fill from the Bureau of Dams and Waterway Management of Pennsylvania Department of Environmental Protection pursuant to the state regulations of water obstructions.
I.
State regulations. All regulations of the Commonwealth of Pennsylvania governing stream encroachments shall remain in full force and effect. In cases of inconsistency with regulations of this chapter, the more restrictive provisions shall govern.
J.
Reduction of lot area. Where the configuration of a stream and drainageway is such that minimum lot area or width regulations cannot be reasonably met, adjacent land within other districts may be applied to meet requirements. In such cases, the largest lot area and width of the district involved shall apply. All other district regulations shall remain in force.
§ 175-83 Modification of side yard requirements for accessory uses.
Where a lot is held under single and separate ownership and said lot contains a major structure the use of which establishes the principal use of the lot, accessory buildings shall be permitted, either attached or unattached, and the yard areas may be modified as follows:
A.
Carports. Side yard requirements may be reduced to a minimum of two feet, provided that the side facing the neighboring lot or lots has openings, other than windows, equal to at least 60% of its total area.
B.
Enclosed garage. The side yard may be reduced subject to special exception authorized by the Zoning Hearing Board. The resultant space between the garage wall and the nearest wall of the neighboring house shall not be less than 10 feet.
C.
Off-street parking. Off-street parking for residential uses shall be permitted to within six inches of the side yard.
§ 175-84 Special sales.
§ 175-85 Adult-oriented businesses.
Adult-oriented businesses shall be permitted subject to the following provisions:
A.
Such use shall only be permitted in the HC Highway Commercial District.
B.
Such use shall not be located within a radius of 500 feet from any church, school, library, playground, public park or day-care center, as measured from the property lines.
C.
No such use shall be located within a radius of 500 feet of another adult-oriented business as measured from the property lines.
D.
There shall be no display of adult-oriented materials that can be seen from the exterior of the building.
E.
No unlawful sexual activity or conduct shall be performed or permitted.
§ 175-86 Fire escapes.
No fire escape shall be located on the front of a building.
§ 175-87 Access to buildings.
No building hereafter shall be erected or altered unless there is direct access to the structure through an open space on the same lot. Such open space shall be at least 12 feet in width and shall extend from the building to a public right-of-way.
§ 175-88 Professional offices.
The Zoning Hearing Board may allow the practitioner of a calling other than the traditional professions of theology, medicine and law to establish a professional office when the Board finds the calling to be professional in character by virtue of the specialized knowledge, training, education and experience required as a condition for the practice thereof, and the practice of which will not adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to a greater extent than the practice of theology, medicine and law.
§ 175-88.1 Pet grooming.
§ 175-89 Development of rental units.
[Added 12-13-2004]
A.
A current owner-occupied property, or the property of an estate of an owner, may be converted into a single rental property as long as the property owner satisfies the following requirements:
C.
A vacant lot may be converted into rental properties in such numbers as the City Council approves as long as that use satisfies the zoning requirements of that particular zoning district.
D.
The review process by City Council may include consideration of the following factors which may be waived: off-street parking with a minimum of 1 1/2 spaces per rental unit: 1,000 square feet of space in the property for a one-bedroom unit and 1,200 square feet of space for a two-bedroom unit.
§ 175-90 Rental property permits.
[Added 11-14-2005 by Ord. No. 1242-B]
A.
A party interested in obtaining approval for a new housing permit for a rental property shall apply to the City of Sunbury by filing an application with the Code Administration office of the City of Sunbury. The application shall include a nonrefundable fee as published on the annual City Fee Schedule. All properties shall first pass an inspection for use by the Code Administration office prior to any further action on the application.
[Amended 12-11-2017]
B.
Fast-track approval.
[Amended 1-9-2017; 2-13-2017; 12-11-2017]
(1)
A fast-track approval process shall be available for applicants with properties that meet the following criteria:
(a)
A single-family home converted to a single-family rental unit.
(b)
A 1/2 double single-family home converted to a 1/2 double single-family rental unit.
(c)
A single-family townhouse converted from a single-family townhouse to a single-family rental townhouse unit.
(d)
A rental unit located as a part of a commercial structure in the Central Business District with a minimum of 900 square feet of living space. The space would include separate rooms for cooking, sleeping, living rooms and an overall use by one family as opposed to a boardinghouse facility. The commercial space must remain in the portion of the property that existed immediately prior to filing the application.
(e)
There must be 1.5 nonpublic parking spaces available for each rental unit to receive a fast-track approval. This provision shall not apply to rental permit applications for properties located within the Central Business District.
(2)
The fast-track approval process shall be available for an unlimited number of applications. The Code Administration Office of the City of Sunbury shall have the authority to issue a housing permit for a rental property which meets the fast-track criteria.
C.
The Code Administration Office of the City of Sunbury shall forward the application to the Zoning Hearing Board for any properties which do not meet the fast-track criteria. The Zoning Hearing Board shall consider the application within 60 days of filing. The Sunbury City Council shall make an annual determination of the number of rental permits which may be granted by the Zoning Hearing Board. This number may be increased or decreased through the course of a year by Sunbury City Council. The standard Zoning Hearing Board fee shall be paid along with the application fee. Said fees shall be published on the annual City Fee Schedule.
[Amended 12-11-2017]
D.
The Zoning Hearing Board shall make a written decision on whether a housing permit for a rental property shall be issued. The Board shall consider the following factors with weight applied to each factor in its own discretion:
[Amended 12-11-2017]
(1)
The use will preserve the neighborhood.
(2)
There is sufficient parking in the neighborhood or on private property for the rental property.
(3)
The use is consistent with a prior use of the property as a rental property in prior years.
(4)
One-family use that will be rented to one family.
(5)
New construction of a completely renovated building or new construction on raw land in the City.
(6)
There is sufficient parking for each rental unit.
E.
The Zoning Hearing Board shall make a written decision and forward it to the property owner and to Sunbury City Council. The decision may be appealed by the applicant pursuant to Pennsylvania law.
[Amended 12-11-2017]
F.
The Sunbury City Council shall have the authority to revoke a rental permit following notice and a hearing before City Council. The revocation shall be based upon three citations for code violations at the property over the course of ownership by one specific owner or by City Council declaring the property as a public nuisance.
[Amended 12-11-2017]
G.
The Code Administration Office shall provide Sunbury City Council with the City Housing List so that City Council will be in a position to create policies and develop ordinances to further the goal of improving housing in the City. The City Housing List shall be filed with the City Clerk and available for public inspection as a public record. The property list will include the following information:
[Amended 12-11-2017]
H.
The Sunbury City Council shall work with the City Housing List to develop ordinances which result in improvement of all properties, including the reduction of rental units through tax and service fee reductions.
[Amended 12-11-2017]
I.
A reinspection of the property shall be required prior to assignment of a housing rental permit to a new owner.
[Amended 12-11-2017]