Swoyersville City Zoning Code
ARTICLE VI
Supplementary Provisions
§ 93-28 Amusement centers.
Amusement centers, including bowling alleys, dance halls and similar uses, shall provide proper parking areas with vehicular circulation designed so as to minimize traffic congestion, shall not be closer than 25 feet to any property line, shall provide adequate screening from any residence district and shall prevent offensive noise, vibration and lighting.
§ 93-29 Animal hospitals and similar uses.
No animal hospital, veterinary clinic and kennel shall be located closer than 100 feet to any residence district, or existing restaurant, hotel, motel, tourist court or trailer camp. Adequate measures shall be taken to prevent offensive noise and odor.
§ 93-30 Animals in any zoning district.
[Amended 3-4-2019 by Ord. No. 3-2019]
Farm animals other than customary pets shall not be kept in any zoning district. Household pets shall be limited to four combined per family in residence districts.
§ 93-31 Outdoor advertisements and signs.
The terms "outdoor advertisement" and "sign" are defined in Article XI, Terminology, of this chapter.
A.
The following outdoor advertisements and signs are permitted in any zone, as limited in § 93-31D; if illuminated, they shall be of an enclosed lamp design, nonflashing, containing no colored illumination and may also be of the reflector type.
(1)
A sign indicating the name or number of the owner and/or premises or the accessory use of a dwelling for a home occupation or for professional purposes, provided that such sign shall not exceed one square foot in area.
(2)
One bulletin board on church, school or college property, not over 20 square feet in area.
(3)
A sign on a farm, noting the sale of articles grown or produced on premises, provided that such sign shall not exceed six square feet in area, shall be at least 10 feet from any public right-of-way, and at least 50 feet from the nearest corner of a road intersection.
(4)
Directional or informational signs of a public or quasi-public nature, not six square feet in area. Such signs shall contain no advertising matter and shall not be illuminated, but may be of the beaded reflector type.
(5)
Real estate signs.
(a)
A temporary real estate sign, not exceeding six square feet in area, indicating the sale or lease only of the property on which such sign is displayed; provided that where parcels of land are offered for sale or lease, having a road frontage of 200 feet or more, a sign or signs totaling not more than 20 square feet in area for each 200 feet of frontage may be posted. The sign shall be removed from the premises within 30 days after the sale or rental thereof.
(b)
One temporary sign not exceeding 60 square feet in area in subdivisions containing less than 25 lots and located therein and set back from every street line the distance required for a principal building in the district in which it is located.
(c)
One temporary sign not exceeding 150 square feet in area in subdivisions containing 25 or more lots and located therein and set back from every street line a minimum distance in feet equal to the number of square feet of the sign, but such setback shall not be less than the distance required for a principal building in the district in which the sign is located and need not be more than 100 feet in any case.
(6)
Construction advertisements. Building contractors' and professional persons' temporary advertisements on or adjacent to buildings under construction, limited to a total area for all such signs of 150 square feet.
B.
Business or industrial signs are permitted in business or industrial zones, under the following conditions, as limited in § 93-31D.
(1)
Number of signs. The number of signs shall be limited to three for each street on which the establishment fronts, one parallel, one projecting and one freestanding sign. In addition, one identification sign for a shopping center or other integrated group of stores, commercial buildings or industrial buildings, may be added for each street on which the properties front, provided that no such signs shall be located within 100 feet of any existing principal building on adjoining residential premises on the same side of the street, or opposite land zoned for residential purposes on the other side of the street.
C.
Outdoor advertisements facing limited access highways.
(1)
Outdoor advertisements are limited to the B-2 and M-1 districts. However, they are not permitted within the area extending 600 feet on either side of the center line of any limited access highway, except when such signs are so located that the matter displayed upon them is not visible to persons using such limited access highways.
(2)
Adjacent to selected uses or districts. No outdoor advertisement shall be permitted within 200 feet of any residence district nor facing any public or parochial school, library, church, hospital or similar institutional use.
(3)
Spacing. No two outdoor advertisements shall be located closer to one another than the distance equal to 1/5 of their combined gross square foot area, except that no two such advertisements shall be closer to one another than 120 feet.
(4)
Setbacks. Outdoor advertisements shall conform with all yard spaces required for the district in which they are located.
(5)
Size. The total surface area of any outdoor advertisements, exclusive of structural supports and trim, shall not exceed, in square feet, four times the frontage of the lot or tract on which it or they stand, nor shall an individual advertisement of a poster panel exceed 300 square feet, or painted advertisement, 600 feet. However, where a lot or tract is already occupied by a use or structure exhibiting signs, the total surface area of signs and outdoor advertisements shall not exceed, in square feet, four times the lot frontage.
D.
All signs and outdoor advertisements shall be subject to the following conditions:
(1)
Their surface area shall include the entire face, or faces, and if composed of individual letters, figures or designs, the space between and around such letters, figures or designs.
(2)
Any freestanding or projecting sign or outdoor advertisement within 25 feet of a street right-of-way line shall be so placed as to allow clear and ample visual sight lines for driveways leading into a street, for the intersection of two streets or a street with an alley.
(3)
Height.
(a)
Maximum height. No sign or outdoor advertisement shall project above the height limit of structures in the district in which it is located, nor shall it extend more than 20 feet above the highest part of the roof.
(b)
Clearance. No hanging, suspended or projecting sign or outdoor advertisement shall have a vertical clearance of less than 14 feet over any vehicular public way, nor less than nine feet over any pedestrian public way. "Public ways," used in this subsection, include privately owned sidewalks or drives, customarily used by the public.
(4)
Maintenance. All signs and outdoor advertisements shall be maintained in good condition, as determined by the Zoning Officer. Otherwise, they shall be ordered removed after due notice.
(5)
Projections. No sign or outdoor advertisement shall project from the wall of a building more than six feet.
(6)
Lighting or moving. If illuminated, the light shall be confined to the surface of the sign or outdoor advertisement, which shall be located and arranged as to avoid glare or reflection onto any portion of any adjacent highway or into the path of oncoming vehicles or into any adjacent residential premises. No flashing or moving signs shall be permitted.
§ 93-32 Cemeteries, crematories, columbaria and mausoleums.
Due consideration shall be given to compatibility with adjacent land uses, existing or proposed highways and any elements or factors deemed to affect the public health, safety and welfare of the surrounding area, and a minimum setback may be required from any property line for any structure, grave or place of temporary or permanent burial and such walls, fences and/or planting of shrubbery, trees or vines may be required as may be reasonable and proper to afford adequate screening.
§ 93-33 Community buildings, social halls, lodges, fraternal organizations, clubs and similar social or recreational establishments.
Buildings housing any of these uses shall be distant not less than 20 feet from any other lot in any residence district, and there shall be no external evidence of any gainful activity, however incidental, nor any access to any spaces used for gainful activity other than within the building.
§ 93-34 Day nursery, nursery school, private kindergarten or child welfare center.
These uses may be permitted, provided there is established and maintained in connection therewith a suitably fenced and screened play lot meeting the requirements of § 93-55B(3)(b), and provided that there is no nuisance created by reason of noise, health or other condition.
§ 93-35 Drive-in theaters.
Where possible, access shall be to minor roads, rather than highways, to reduce congestion and accidents. Theater screens shall be placed so that they are not visible from a highway or shall be screened with adequate fencing or planting. No central loudspeakers shall be permitted. All parts of the theater shall be at least 200 feet from any residence district.
§ 93-36 Golf driving ranges and miniature golf.
All lighting installations shall be such and be so arranged as not to increase traffic hazards or to cause direct or glaring reflection into adjoining premises.
§ 93-37 Home occupations.
A home occupation shall be an incidental use of a dwelling unit conducted only by residents of the building who may not employ more than one additional nonresident person. The following additional conditions shall be fulfilled:
A.
Where permitted. Within a single dwelling unit, provided that only one home occupation per dwelling unit is permitted.
B.
Evidence of use. No exterior evidence of the home occupation shall be visible, other than a permitted sign.
C.
Extent of use. Not more than 20% of the gross floor area of any dwelling unit may be used for a home occupation, except for medical and dental offices and foster family care, which may use up to 40%.
D.
Permitted uses. Fine arts studios, professional and medical offices, dressmaking and similar occupations, real estate or insurance offices, commercial stables or kennels and any occupation that may customarily require the use of a panel or delivery truck more than one ton, or similar vehicle. Outdoor storage of materials or products is also prohibited. Any use which produces offensive and disturbing noise, smoke, odor or other objectionable effect is prohibited.
[Amended 3-6-2006 by Ord. No. 6-2006]
§ 93-38 Hospitals and related uses.
A.
Hospitals, sanitaria and convalescent or nursing homes shall locate future structures, or extensions thereto, at least 100 feet distant from any lot in any residence district, or any lot occupied by a dwelling, school, church or institution for human care.
B.
Hospitals or sanitaria which do not primarily treat communicable diseases, insane or feeble minded patients, epileptics, drug addicts or alcoholic patients, and which are not penal or correctional institutions shall have a minimum size of three acres. Other hospitals and sanitaria shall have a minimum size of 15 acres.
§ 93-39 Junkyards and similar storage areas, including automobile wrecking.
A.
Except for nonconforming junkyards in residential districts proposed to be eliminated under § 93-7F, all junkyards shall be completely screened from roads or developed areas with a solid fence or wall six feet or more in height, maintained in good condition and painted, except for masonry construction or with suitable plantings.
B.
No operations shall be conducted which shall cause a general nuisance or endanger the public health.
C.
All existing junkyards shall comply with these requirements within one year of the date of this chapter or shall then terminate their operation.
§ 93-40 Motels.
§ 93-41 Off-street loading and parking.
A.
Off-street loading.
(1)
Number of loading spaces required. Every building which requires the receipt or distribution by vehicles of material or merchandise shall provide off-street loading berths in accordance with the table below:
Off-Street Loading Space Requirements | ||
|---|---|---|
Uses | Square Feet of Floor Area | Required Off-Street Loading Berths |
Schools | 15,000 feet or more | 1 |
Hospitals (in addition to space for ambulance) | 10,000 - 300,000 | 1 |
For each additional 300,000 or major fraction thereof | 1 additional | |
Undertakers and funeral parlors | 5,000 | 1 |
For each additional 5,000 or major fraction thereof | 1 additional | |
Hotels and offices | 10,000 or more | 1 |
Commercial, wholesale manufacturing and storage | 10,000 - 25,000 | 1 |
25,000 - 40,000 | 2 | |
40,000 - 60,000 | 3 | |
60,000 - 100,000 | 4 | |
For each additional 50,000 or major fraction thereof | 1 additional | |
(2)
Size and location. Each loading space shall be not less than 10 feet in width, 35 feet in length and 14 feet in height and may occupy all or part of a required yard. Access to loading spaces shall be limited to well-defined locations and, in no case shall there be unrestricted access along the length of a street or alley where it abuts a pedestrian walk. Said walk shall be an appropriate sidewalk of concrete construction.
B.
Off-street parking. In all districts, off-street parking facilities shall be provided and properly maintained, as set forth in this section, for any building which is hereafter erected, enlarged or increased in capacity. Such facilities shall be made available for public use.
(1)
Size and access. Each off-street parking space shall have an area of not less than 180 square feet, exclusive of access drives or aisles and be in usable shape and condition. Except in the case of dwellings, no parking area shall contain less than three spaces. There shall be adequate ingress and egress to all parking spaces. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Such access drive shall not be less than 10 feet in width in the case of a dwelling, and not less than 20 feet in width in all other cases. Access to off-street parking areas shall be limited to several well-defined locations, and in no case shall there be unrestricted access along the length of a street or alley.
(2)
Number of parking spaces required. The number of off-street parking spaces required are set forth in the following table. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply.
Off-Street Parking Space Requirements | |
|---|---|
Uses | Required Parking Spaces |
Automobile laundry | 5 for each laundry machine |
Automobile sales and service garages | 1 for each 400 square feet of floor area |
Banks or professional offices | 1 for each 300 square feet of floor area |
Bowling alleys | 5 for each alley |
Churches and schools | 1 for each 3.5 seats in an auditorium or 1 for each 17 classroom seats, whichever is greater |
Community buildings and social halls | 1 for each 100 square feet of floor area |
Driving ranges and miniature golf | 1 for each tee |
Dwellings | 1 for each family or dwelling unit |
Food supermarkets | 1 for each 200 square feet of floor area |
Funeral homes, mortuaries | 5 for each parlor |
Furniture or appliance stores | 1 for each 200 square feet of floor area |
Hospitals, nursing and convalescing homes | 1 for each 3 beds, plus 1 for each employee |
Hotels | 1 space for each 2 living or sleeping units |
Manufacturing plants, research or testing laboratories, bottling plants | 1 for each 1,000 square feet of floor area, plus 1 for each 4 employees in the maximum working shift. The total parking area shall not be less than 25% of the building floor area. |
Medical or dental offices | 5 spaces for each doctor or dentist |
Multiple dwellings | 1.5 spaces per dwelling unit |
Restaurants, beer parlors and nightclubs | 1 for each 2.5 seats |
Retail stores and shops | 1 for each 300 square feet of floor area where the floor area exceeds 1,000 square feet |
Rooming houses and dormitories | 1 for each 2 bedrooms |
Service stations | 2 for each service bay |
Sports arenas, auditoriums, theaters or assembly halls | 1 for each 3.5 seats |
Trailer or monument sales or auctions | 1 for each 2,500 square feet of lot area |
Wholesale establishments or warehouses | 1 for each 2 employees on maximum shift. The total parking area shall not be less than 25% of the building floor area |
(3)
Location of facilities. Required facilities shall be located on the same zone lot as the use to which they are accessory, or else within a radius of 400 feet; provided that required spaces conform with the provisions set forth herein, and that such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restrictions filed in an office of record, binding the owner and his heirs or assigns to maintain the required number of spaces throughout the life of such use.
C.
Facilities or requirements for parking and/or loading.
(1)
Joint facilities for parking or loading. Off-street parking and loading facilities may be provided jointly for separate uses if approved by the Zoning Hearing Board. The total number of spaces shall not be less than the sum of the separate requirements for each use, and shall comply with all regulations governing location of accessory spaces.
(2)
Development of parking and loading areas (including commercial parking lots, automobile or trailer sales lots).
(a)
Screening and landscaping. Off-street parking areas for more than five vehicles and off-street loading areas shall be effectively screened on each side which adjoins or faces residential or institutional premises situated in any R District.
(b)
Minimum distances and setbacks. No off-street loading area or parking area for more than five vehicles shall be closer than 10 feet to any adjoining dwelling, school, hospital or similar institution. If it adjoins an R District, no parking area shall be located less than 10 feet from the established street right-of-way line within 50 feet of any R District.
(c)
Surfacing. Surfacing shall consist of an asphaltic or portland cement binder pavement (or similar durable and dustless surface), graded and drained to dispose of all surface water, and designed to provide for orderly and safe loading and parking.
(d)
Lighting. Any lighting used to illuminate off-street parking or loading areas shall be arranged so as to reflect the light away from adjoining premises in any R District.
§ 93-42 Planned building groups.
A.
Integrated neighborhood and community shopping centers.
(1)
Preliminary plan and minimum size. The owner of a tract of land located in any district at or near where a proposed shopping center is shown on the Land Use Plan of Swoyersville Borough, containing not less than two acres in the case of neighborhood shopping center (B-1 District type), and not less than 15 acres in case of a community shopping center (B-2 District type), shall submit to the Commission for its review, a preliminary plan for the use and development of such tract of land for an integrated shopping center.
(2)
Applicant's financial ability. In accepting such plan for review, the Commission must be satisfied that the proponents of the integrated neighborhood or community shopping center are financially able to carry out the proposed project, that they intend to start construction within one year of the approval of the project and necessary change in zoning and intend to complete it within a reasonable time as determined by the Commission.
(3)
Commission findings. It shall then be the duty of the Planning Commission to investigate and ascertain whether the location, size and other characteristics of the site and the proposed plan comply with the following conditions:
(a)
Need must be demonstrated. The need for the proposed center at the proposed location to provide adequate shopping facilities or service to the surrounding neighborhood or community, as the case may be, has been demonstrated by the applicant by means of market studies or such other evidence as the Planning Commission may require.
(b)
Adequacy of site. The proposed shopping center is of sufficient but not excessive size to provide adequate neighborhood or community shopping facilities, as the case may be, for the population which may reasonably be expected to be served by such shopping facilities.
(c)
Traffic congestion not be created. The proposed shopping center is located so that reasonably direct traffic access is supplied from principal thoroughfares, and where congestion will not likely be created by the proposed center, or where such congestion will be obviated by presently projected improvement of access thoroughfares by demonstrable provision in the plan for proper entrances and exits, and by internal provisions for traffic and parking.
(d)
Integrated design. The plan shall provide for a shopping center consisting of one or more groups of establishments in buildings of integrated and harmonious design, together with adequate and properly arranged traffic and parking facilities and landscaping. The project shall be arranged in an attractive and efficient manner; convenient, pleasant and safe to use; and fitting harmoniously into, and having no adverse effects upon, adjoining or surrounding properties.
(4)
Permitted uses. The uses permitted in an integrated neighborhood shopping center shall be those retail business, commercial and service uses permitted in the B-1 District, and the uses permitted in an integrated community shopping center shall be the same kinds of uses as permitted in the B-2 District. No residential uses or industrial uses shall be permitted, or any use other than such as is necessary or desirable to supply with goods or services, the surrounding neighborhood or community.
(5)
Minimum design standards. The following minimum standards shall be met in the design of an integrated neighborhood or community shopping center:
(a)
Building heights. No building shall exceed 2 1/2 stories or 35 feet in height.
(b)
Yards and landscaping. No building shall be less than 50 feet distant from any boundary of the tract on which the shopping center is located. The center shall be permanently screened from all abutting properties located in any residence district by an appropriate wall of acceptable design and, except for necessary entrances and exits, from all properties located across the street and within 100 feet from such center in any residence district by a wall or hedge not less than three feet in height. The exact type and nature of such screening shall be determined by the Planning Commission.
(c)
Tract coverage. The ground area occupied by all the buildings shall not exceed in the aggregate 25% of the total area of the lot or tract.
(d)
Customer parking space. Notwithstanding any other requirement of this chapter, there shall be provided not less than three square feet of automobile parking space with suitable access for each square foot of gross floor area devoted to use by patrons.
(e)
Loading space. Notwithstanding any other requirements of this chapter, there shall be provided one off-street loading or unloading space for each 20,000 square feet or fraction thereof of aggregate floor space of all buildings in the center. At least 1/3 of the spaces required shall be sufficient in area and vertical clearance to accommodate trucks of the tractor-trailer type.
(6)
Submission and approval of final development plan.
(a)
Submission to Commission. Upon determination by the Commission that the proposed integrated neighborhood shopping center or community shopping center, as the case may be, as shown by the preliminary plan, appears to conform to the requirements of this section, and all other applicable requirements of this chapter and related Borough ordinances, the proponents shall prepare and submit a final development plan, which shall incorporate any changes or modifications required or suggested by the Commission.
(b)
Recommendation to the Swoyersville Borough Council and public hearing. If the final development plan is found to comply with requirements set forth in this section and other applicable provisions of this chapter, the Commission shall submit said plan with its report and recommendations, together with the required application by the proponents of the necessary change in zoning classification of the site of the proposed center, and copies thereof to the Swoyersville Borough Council and copies to the Luzerne County Planning Commission. Said Borough Council shall hold a public hearing on both the development plan and application for a change in zoning.
(c)
Possible modification and zoning. Following a public hearing, the Swoyersville Borough Council may modify the plan, consistent with the intent and meaning of this chapter, and may rezone the property to the classification permitting the proposed center for development in substantial conformity with the final plan, as approved by the Swoyersville Borough Council.
(d)
Adjustments in carrying out plan. After the final development plan has been approved by the Swoyersville Borough Council and in the course of carrying out this plan, adjustments or rearrangements of buildings, parking areas, loading areas, entrances, heights or yards may be requested by the proponents and, provided such requests conform to the standards established by the final development plan and this chapter, such adjustments or rearrangements may be authorized by the Council.
§ 93-43 Public and parochial schools and colleges and private schools and colleges for academic instruction.
These structures shall be located not less than 50 feet from any other lot in an R-1 District and not less than 20 feet from any lot in an R-2 or R-3 District.
§ 93-44 Race tracks (horse).
Commercial horse race tracks must have all activities, including all buildings, not less than 200 feet from any residence district or any lot occupied by a dwelling, school, church or institution for human care. Traffic in connection with race tracks must be arranged to cause a minimum of congestion.
§ 93-45 Race tracks (automobile, including go-cart areas and midget race tracks).
Automobile race tracks shall require the approval of the Board.
§ 93-46 Sanitary landfill areas.
Plans for sanitary landfill areas shall be in harmony with existing surrounding uses or those proposed in the land use plan, and the opinion of the Pennsylvania Department of Environmental Protection to proper drainage, cover and the operation as a whole shall be obtained.
§ 93-47 Sewage disposal plants.
Plans for sewage disposal plants must be in harmony with surrounding uses, and the written approval of the Pennsylvania Department of Environmental Protection must be obtained.
§ 93-48 Swimming pools, private, community or club.
A.
Private swimming pools. A private swimming pool, but not including farm ponds as regulated herein, shall be any pool or open tank not located within a completely enclosed building and containing, or normally capable of containing, water to a depth at any point greater than 1 1/2 feet. No such swimming pool shall be allowed in a C-1 or any R District, except as an accessory use and unless it complies with the following conditions and requirements:
(1)
The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located, and their guests, and no fee shall be charged.
(3)
The swimming pool, or the entire property on which it is located, shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties, said fence or wall to be not less than four feet in height and maintained in good condition and grounded for electricity.
B.
Community or club swimming pools. A community or club swimming pool shall be any pool constructed by an association of property owners, or by a private club solely for use and enjoyment by members of the association or club and their families and guests of members. Community and club swimming pools shall comply with the following conditions and requirements:
(1)
The pool and accessory structures thereto, including the areas used by bathers, shall not be closer than 100 feet to any property line of the property on which it is located.
(2)
The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. The said fence or wall shall not be less than four feet in height, grounded for electricity and maintained in good condition. The area surrounding the enclosure, except for the parking spaces, shall be suitably landscaped with grass, hardy shrubs and trees and maintained in good condition.
§ 93-49 Tourist homes.
For tourist homes in R-2 and R-3 Districts, not more than four guests are permitted, as well as an unlighted sign not exceeding 12 square feet in area, or a lighted sign not exceeding three square feet in area with enclosed lighting through translucent glass or by blue or green neon.
§ 93-50 Trailers, mobile homes and trailer and mobile home parks.
A.
Where a mobile home is erected and maintained as a single-family dwelling other than in a mobile home park or R-4 District, the following requirements shall be met:
(1)
The lot or parcel of land upon which the mobile home is situated shall conform to all minimum lot size requirements of the district in which it is located.
(2)
The mobile home shall be in conformance with all front, side and rear setback requirements of the district in which it is located.
(3)
The mobile home shall be placed upon and securely fastened to a frost-free permanent foundation. In no instance shall it be placed upon jacks, loose blocks or other semi-permanent arrangements.
(4)
An enclosure of compatible design and material shall be erected around the entire base of the mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
(5)
The mobile home shall be connected to public water and sewer systems where available.
(6)
Any mobile home situated in the Borough of Swoyersville following the effective date of this chapter shall bear the state approved seal for manufactured housing indicating compliance with all applicable codes. Where no such seal is attached to the mobile home, said mobile home shall be subject to an inspection relative to all applicable local codes.
(7)
Any mobile home situated in the Borough of Swoyersville in a location other than a mobile home park shall be in considerable architectural unison with other structures in the immediate area, so not to affect the aesthetic character of the neighborhood.
(8)
Compliance with the aforesaid requirements must have the Board's approval.
B.
No trailer or mobile home shall be used outside of a permitted district to provide living quarters or space for the conduct of business, except as stated in § 93-50A or except that it may be used temporarily for office purposes during the construction of a principal building or a road in any district with approval of the Board, on the issuance of a temporary permit by the Zoning Officer.
C.
Trailer or mobile home parks, where permitted, shall observe the following requirements and those of Chapter 75, Subdivision and Land Development, of the Code of the Borough of Swoyersville:
(1)
No trailer or mobile home park shall have an area less than 25 acres nor an average gross area per trailer or mobile home of less than 3,000 square feet.
(2)
Every trailer or mobile home shall be supplied with a potable water service and shall be connected to a sanitary sewer and an approved sewage disposal system.
(3)
A safe, usable recreation area shall be conveniently located in every trailer or mobile home park and shall contain a total area equivalent to an allowance of 300 square feet per trailer or mobile home, which shall not be less than 10% of the gross area of the trailer or mobile home park.
(4)
No trailer or mobile home shall be located less than 50 feet from any abutting property in a C-1, residence or M-1 District.
(5)
The trailer or mobile home park shall be permanently landscaped and maintained in good condition. It shall be screened from the road and all side yards.
D.
Except for trailers offered for sale on trailer sales lots, or those for which the necessary permits have been obtained and excepting trailer or mobile homes as provided for in § 93-50A, the parking of a trailer or mobile home outside of a permitted trailer or mobile home park in any district for 48 hours or more shall be prohibited, except as permitted in § 93-50D(1) below:
(1)
Camping and recreational equipment. Any owner of camping and recreational equipment, including, but not limited to, travel trailers, pick-up coaches, motorized homes and boat trailers, may park or store such equipment on private residential property subject to the following conditions:
(a)
Such parked or stored camping and recreational equipment shall never be occupied or used for living, sleeping or housekeeping purposes.
(b)
If the camping or recreational equipment is parked or stored outside of a building, it shall be parked or stored, if possible, to the rear of the building line of the lot and, in all cases, shall at least be parked or stored to the rear of the front building line of the lot.
(c)
Notwithstanding the provisions of § 93-50D(1)(b), camping and recreational equipment may be parked anywhere on the premises while actually being loaded or unloaded.
§ 93-51 Accessory structures.
A.
Attached accessory structures. Accessory structures which are attached to the principal building shall comply with all yard requirements for a principal structure.
B.
Unattached accessory structures in M-1, C-1 and R Districts may be erected with a rear yard, provided that they conform to the following:
(1)
Maximum height. One and one-half stories or 15 feet.
(2)
An accessory structure shall not be less than five feet from the side lot line, except by consent in writing of adjoining lot owner.
(3)
Side yard (corner lot): same as for a principal structure.
(4)
An accessory structure shall be not less than five feet from the rear lot line, except when the structure abuts an alley, in which case 10 feet shall be required.
(5)
An accessory structure shall be located not less than 10 feet from a principal structure.
(6)
Not more than two accessory structures, including a private garage, shall be located in any R District on one lot.
C.
Unattached nonresidential accessory structures shall comply with the front and side yard requirements for the principal structure. They shall have a rear yard of 10 feet, except as otherwise specified in this chapter.
§ 93-52 Camps.
The Board shall require the approval of the Pennsylvania Department of Environmental Protection.
§ 93-53 Land elevations and filling operations.
A.
It shall be incumbent upon any resident or property owner desiring to raise the elevation of his property to submit, in triplicate to the Zoning Officer, the following information prior to commencement of filling operations:
B.
This data shall be supplied to the Zoning Officer, who will make the decision as to whether or not said increase in elevation will have a harmful effect on adjoining properties or properties in the immediate area.
§ 93-53.1 Solar energy systems.
[Added 10-7-2024 by Ord. No. 8-2024]
A.
Solar energy system (minor).
(1)
Minor solar energy systems shall meet the following:
(2)
Design and supplemental requirements:
(a)
Solar collection systems shall not be located in the front yard between the principal structure and the public right-of-way or a private street.
(b)
If not located on a rooftop, then the collection system must meet the minimum setbacks of an accessory building for the zoning district in which it is located.
(c)
Height. Freestanding collection systems shall not exceed 20 feet in height.
(d)
Size. Freestanding solar collection systems on residential properties shall not exceed the greater of 1/2 the footprint of the principal structure or 600 square feet, whichever is greater. The size of arrays for nonresidential properties shall not exceed 1/2 of the footprint of the principal structure except for rooftop systems.
(e)
Solar collection systems are permitted to located on the roof or the exterior wall of a structure subject to the following:
[1]
Collection systems shall not extend more than 12 feet above the roof line;
[2]
Collection systems shall not exceed the maximum height permitted in the zoning district in which it is located;
[3]
Collection systems located on the roof or attached to a structure shall provide, as part of their permit application, a structural certification.
(f)
Code compliance. Solar collection systems shall comply with all applicable building and electrical codes.
(g)
A property owner who has installed or intends to install a solar collection system shall be responsible for negotiating with other property owners in the vicinity for any necessary solar easements.
(3)
Site plan required. The applicant for a zoning permit for a minor solar collection system shall provide a drawing to scale to show the following:
B.
Solar energy system (major).
(1)
Permit requirement and application. All applications for a major solar energy system shall be considered a land development and shall meet the requirements of this chapter and the Swoyersville Borough Subdivision and Land Development Ordinance (SALDO). All applications shall be approved as a special exception by the Luzerne County Zoning Hearing Board (Board) and subsequently approved as a land development by the Swoyersville Borough Planning Commission. No permit will be issued, nor can any construction begin until the applicant has met all the requirements of the SALDO and this chapter.
(2)
Review criteria. The following criteria shall apply to the review and approval major solar energy systems:
(a)
A determination that adequate measures have been undertaken by the proponent of the major solar energy system to reduce the risk of accidents caused by hazardous materials.
(b)
A determination that the proposed major solar energy system is essential or desirable to the public convenience and/or not detrimental or injurious to the public health or safety, or to the character of the surrounding neighborhood.
(c)
A determination that the proposed major solar energy system will not be detrimental to the economic welfare of Swoyersville Borough and/or that it will not create excessive public cost for public services by finding that it will be adequately serviced by existing services such as highways, roads, police and fire protection, emergency response, drainage structure, refuse disposal, water and sewers, or that the applicant shall provide such services or facilities.
(d)
Consideration of the industry standards, available technology, and proposed design technology for solar energy in formulating conditions of approval.
(3)
Setbacks, restrictions and easements. A major solar energy system:
(a)
Shall be a minimum of 1,000 feet from any zoning district boundary line and property line of existing residential or public use.
(b)
Shall not be located within 500 feet of a public or private right-of-way, nor within 100 feet from all other property lines.
(c)
The proponent of a major solar energy system shall be responsible for negotiating with other property owners in the vicinity for any necessary solar easements and shall record said easements with the Luzerne County Recorder of Deeds Office.
(d)
Shall provide a fifty-foot planted buffer/screen along all property lines.
(e)
Shall conceal solar collector's supporting structures, fixtures and piping where applicable.
(4)
Site plan drawing. A site plan drawing shall be provided as part of the special exception use application that drawn to scale and dimensioned, displaying the following information:
(a)
Existing property features to include property lines, physical dimensions of the property, total parcel size, land use, zoning district, contours, setback lines, right-of-way, public and utility easements, public roads, access roads (including width), sidewalks, nonmotorized pathways, large trees and all buildings. The site plan must also include the adjoining properties as well as the location of all structures and utilities within 300 feet of the property.
(b)
Location, size, and height of all proposed major solar energy systems, buildings, structures, ancillary equipment underground utilities and their depth, security fencing, access roads (including width, composition, and maintenance plans), electrical substations, and other above-ground structures and utilities associated with the proposed major solar energy system.
(5)
Access driveway. Every major solar energy system shall require the construction of a paved road to offer an adequate means by which Swoyersville Borough may readily access the site in the event of an emergency. Exceptions shall be handled on a case-by-case basis by the Zoning Hearing Board during the special exception approval process.
(6)
Safety requirements.
(a)
If the major solar energy system is connected to a public utility system for net metering purposes, it shall meet the requirements for interconnection and operation set forth in the public utility's then current service regulations applicable to solar power generation facilities, and the connection shall be inspected by the appropriate public utility.
(b)
Security measures need to be in place to prevent unauthorized trespass and access. All access doors to electrical equipment shall be locked and/or fenced as appropriate to prevent entry by unauthorized person(s).
(c)
All spent lubricants, cooling fluids, and any other hazardous materials shall be properly and safely removed in a timely manner and disposed of in accordance with current DEP regulations.
(d)
Each major solar energy system shall have a minimum of one sign, not to exceed two square feet in area, posted on the security fence is applicable. The sign shall contain at least the following:
(7)
Natural resources and historic sites. No major solar energy system shall be located less than 200 feet from any Important Bird Area or migration corridor, National Wetland Inventory wetland, historic site, or lake, dam, ponds or public water supply sources.
(8)
Minimum lot size. A major solar energy system shall require a minimum lot size of not less than 10 acres.
(9)
Parking. If the major solar energy system is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall be equal to the number of people on the largest shift plus overflow spaces equal to 20% of the required spaces based on the number of employees, but not less than two parking spaces.
(10)
Licenses. The applicant shall demonstrate that the required permits and licenses from the Federal Energy Regulatory Commission, the Pennsylvania Department of Environmental Protection, the Pennsylvania Public Utility Commission, and other agencies have been obtained. The applicant shall also document compliance with all applicable state and federal regulations by providing to the County copies of all required documents, studies, and responses (e.g., National Environmental Policy Act, Pennsylvania Natural Diversity Inventory submission, Pennsylvania Historical and Museum Commission compliance, U.S. Fish and Wildlife Service, the Department of Conservation and Natural Resources and the PA Game Commission).
(11)
Liability insurance. The applicant for a major solar energy system shall submit a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the major solar energy system. The applicant shall provide the county with proof of annual renewal prior to expiration.
(12)
Landscaping. Existing vegetation on and around the site shall be preserved to the greatest extent possible without restricting solar access.