Tatamy City Zoning Code

MAIN STREET

COMMERCIAL DISTRICT

§ 155.110 TITLE.

This subchapter shall be known and cited as the “Main Street Commercial District Regulations”. The boundaries of the district are shown in Exhibit A attached to the ordinance codified herein and on the Official Zoning Map.

(Ord. 263-2014, passed 6-2-2014)

§ 155.112 PURPOSE.

The purpose of this subchapter is to allow for the creation of a planned commercial center featuring the qualities of a traditional Main Street neighborhood that will benefit the borough and the region, both economically and aesthetically.

(Ord. 263-2014, passed 6-2-2014)

§ 155.113 COMMUNITY DEVELOPMENT OBJECTIVES.

(A) To expand the variety and competitiveness of goods and services that can be conveniently accessed by Borough residents and the public;

(B) To ensure safe and efficient pedestrian and vehicular connections along the Main Street corridor by managing land uses and traffic conflicts, and minimizing the number of curb cuts;

(C) To minimize the adverse visual impact of expansive parking lots by establishing effective building and parking lot orientations and through the use of shade trees, screening, and grade changes; and

(D) To proactively manage the streetscape and character of the area through the application of coordinated amenities including sidewalks, landscaping, street lighting and signage.

(Ord. 263-2014, passed 6-2-2014)

§ 155.114 APPLICABILITY.

The following provisions shall apply within the Main Street Commercial District; provided that, all other requirements of borough ordinances are met.

(A) Applications for zoning permits related to the construction of structures permitted in the Main Street Commercial District shall include the following information:

(1) Size of building, in square feet; and

(2) Architectural renderings of the building showing compliance with the design provisions of § 155.117 of this chapter.

(B) Applications for zoning permits for uses provided for in the Main Street Commercial District shall include the following additional information:

(1) Description of business and/or services provided;

(2) Hours and days of operation;

(3) Maximum number of employees expected on any one shift;

(4) Expected number of outside customers or visitors; and

(5) Number of trucks and expected hours of truck traffic.

(C) Applications for building permits related to the construction of structures permitted within the Main Street Commercial District shall be approved only in the event that all relevant provisions of this chapter and Chapter 154 of this code of ordinances have been met.

(Ord. 263-2014, passed 6-2-2014)

§ 155.115 PERMITTED USES BY RIGHT.

(A) Within the boundaries of the Main Street Commercial District, all tracts shall be developed as part of a planned commercial development, subject to the following provisions.

(1) All developments shall be constructed in accordance with a well-coordinated, integrated overall plan. If a development is to be carried out in progressive phases, each phase shall be planned so that the requirements and intents of this subchapter and this chapter shall be fully complied with at the completion of any phase.

(2) The site shall utilize a carefully designed interior and exterior system of vehicular access to minimize the number of driveways entering onto public streets. The applicant shall prove that all proposed driveways or access points are placed in the most logical and reasonable locations, considering impacts upon abutting streets.

(3) Where a drive-through window is proposed for any use within the development, a stacking lane shall be provided to serve a minimum of ten cars. The stacking lane shall connect only to internal access drives and parking lots, shall not have direct access drives and parking lots and shall not have direct access from Main Street. The stacking lane shall not be used as a parking lot circulation aisle nor shall it in any way conflict with the circulation of traffic through the parking lot.

(4) The applicant will not place, display or maintain any merchandise, equipment, goods, racks, products or other articles on the sidewalks adjacent to the commercial, or exterior of the premises. All activity shall occur within the completely enclosed structures unless special permission is granted by the borough on a limited basis.

(B) Uses permitted by right shall be as follows:

(1) Shopping center;

(2) Retail store, as follows:

(a) Arts and crafts store;

(b) Beer, wine or liquor store;

(d) Consumer electronics or appliance store;

(e) Florist;

(f) Gift shop;

(g) Grocery store or supermarket;

(h) Specialty food store, to include the following:

1. Bakery or delicatessen, when goods are not sold for immediate consumption on the premises; and

2. Fresh food market.

(i) Furniture or home furnishings store;

(j) Jewelry store;

(k) Pharmacy or drug store;

(l) Health supplement store; and

(m) Office supply store.

(3) Convenience store, including automotive fuel sales subject to the following provisions:

(a) Fuel pumps shall be at least 25 feet from any future street right-of-way or 50 feet from the street centerline, whichever is greater;

(b) Adequate stacking capacity shall be provided to prevent traffic from backing onto public streets; and

(4) Auto service station, subject to the following provisions:

(a) All activities, except those to be performed at the fuel pumps shall be performed within a completely enclosed building;

(b) Fuel pumps shall be at least 25 feet from any future street right-of-way or 50 feet from the street centerline, whichever is greater;

(d) Full body paint spraying or body or fender work shall not be permitted;

(e) Automobiles that are taken to a service station for outside storage, which must be in a screened fenced area not visible from public access point, may remain no longer than 60 days from the day vehicle arrives at the station; and

(f) Adequate stacking capacity shall be provided to prevent traffic from backing onto public streets.

(5) Car wash, subject to the following provisions:

(a) Traffic flow and ingress/egress shall not cause traffic backups on adjacent streets;

(b) On-lot traffic circulation channels and parking areas shall be clearly marked;

(d) Adequate provisions shall be made for proper and convenient disposal of refuse; and

(e) On-site recycling of water shall be required.

(6) Restaurant, standard, including those with outdoor seating;

(7) Restaurant, fast-food, including those with outdoor seating, subject to the following provisions:

(a) A bakery or delicatessen shall be included in this use where goods are prepared and sold for immediate consumption on the premises;

(b) Where a drive-through window is proposed, a stacking lane shall be provided to serve a minimum of ten cars. Stacking lane shall not be used for parking lot circulation isles, nor shall it in anyway conflict with through circulation of parking;

(c) The use may provide an outdoor menu board with a maximum sign area of 30 square feet (beyond the sign restrictions established by this chapter) if drive-through service is provided from within the building to customers in their vehicles; and

(d) Trash receptacles shall be provided outside the restaurant for patron use.

(8) Tavern, bar or nightclub, not to include an after-hours club or adult use, subject to the following provisions: the use shall not be open after 2:00 a.m., nor before 10:00 a.m.;

(9) Financial institution or bank, not to include a check-cashing business, subject to the following provisions:

(a) Any drive-through windows and approach lanes shall be located to avoid traffic conflicts and hazards within the site and along abutting streets; and

(b) Cars: total stacking lane(s) shall not be used for parking lot circulation isles nor shall it in any way conflict with through circulation of parking.

(10) Personal services uses, as follows (not to include adult uses):

(a) Barber or beauty salon;

(b) Dry cleaner;

(d) Shoe repair or tailor; and

(e) Household appliance repair.

(11) Hotel/motel, subject to the following provisions:

(a) Units in such facilities shall contain a minimum of 200 square feet of floor space, with a minimum of two rooms: a bedroom, and a separate bathroom equipped with a flush toilet, a sink and a bathtub or shower, all properly connected to a public water and sewer system;

(b) Indoor recreation facilities primarily directed towards guests of the use and a restaurant may be permitted as accessory uses to a hotel or motel;

(c) A hotel or motel shall serve only temporary guests. A use that is routinely inhabited by any persons for periods longer than 60 days in any 90-day period shall not be permitted; and

(d) Complete coverage with an automatic fire alarm system and an automatic sprinkler system shall be provided.

(12) Banquet hall, convention center or conference center, subject to the following provisions:

(a) Food and/or alcoholic beverages may only be sold or served for on-premises consumption and only during scheduled events; and

(b) The use shall comply with the noise level standards per § 155.177 of this chapter.

(13) Auditorium, commercial, including a stadium or arena, subject to the following provisions:

(a) Lighting which is perceptible beyond the property line shall be minimized in accordance with § 155.180 of this chapter;

(b) The use shall comply with the noise level standards per § 155.177 of this chapter; and

(14) Cultural center, including museum, library or art gallery;

(15) Recreation, indoor commercial, including a theater or movie theater (not including drive-in theater), amusement arcade, bowling alley, skating rink or laser tag facility, subject to the following provisions:

(a) No loudspeaker or amplifying device shall be permitted which will project audible sound in excess of the sound levels per § 155.177 of this chapter; and

(b) Lighting shall be allowed in accordance with § 155.180 of this chapter.

(16) Exercise club, indoor, subject to the following provisions:

(a) All activities shall be performed within a completely enclosed building;

(b) No loudspeaker or amplifying device shall be permitted which will project audible sound beyond the property line; and

(17) Business, professional or government office, subject to the following provisions:

(a) Such use shall be carried on entirely indoors and within a principal building; and

(b) No structure designed for office use shall include any dwelling unit(s).

(18) Medical office, subject to the following provisions:

(a) Such use shall be carried on entirely indoors and within a principal building; and

(b) This use does not include inpatient treatment centers or inpatient mental care facilities.

(19) Business services, as follows:

(a) Photocopying service;

(b) Package delivery service; and

(20) Essential services, § 155.070 of this chapter.

(1) An approved commercial lot may include more than one principal building.

(a) The minimum building setback requirements shall only apply at the lot lines of the property.

(b) A 25-foot wide minimum separation distance shall apply between principal buildings, unless stated otherwise herein or in this chapter or Chapter 154 of this code of ordinances.

(2) The applicant for each use on a lot shall be required to apply for a separate building and zoning permit.

(D) Multiple occupancy.

(1) A principal commercial building may be occupied by more than one use; provided that, all uses are permitted within this chapter; and, provided that, all other requirements of this chapter are complied with.

(2) The applicant for each use within a multiple occupancy building shall be required to apply for a separate building and zoning permit through the required processes.

(Ord. 263-2014, passed 6-2-2014; Ord. 305-2024, passed 8-5-2024

§ 155.116 AREA AND BULK REGULATIONS.

(A) Minimum lot area. Two acres; provided that:

(1) Each parcel shall be part of an overall commercial development;

(2) Vehicular access shall be provided as part of the coordinated internal driveway system throughout the entire commercial development;

(3) No additional exterior access points shall be provided onto Main Street other than a right in driveway pursuant to the approval of the state’s Department of Transportation; and

(4) No additional exterior access points shall be provided onto Eighth Street other than a right in/right out driveway pursuant to the approval of the state’s Department of Transportation.

(B) Minimum lot width. Individual outparcels shall have a minimum lot width of 150 feet.

(1) Maximum total building coverage: 35%;

(2) Maximum total impervious coverage: 80%; and

(3) Minimum landscaped area: 20%.

(D) Building setback from exterior lot lines.

(1) A minimum of 15 feet from the future right-of-way of any public street;

(2) A minimum of 25 feet from all abutting lot lines of a lot not within the Main Street Commercial District; and

(3) A minimum of 15 feet from all abutting lot lines of a lot that is within the Main Street Commercial District.

(E) Parking setback. All parking areas shall be set back a minimum of ten feet from the Main Street right-of-way.

(F) Maximum building height. 35 feet from finished ground level.

(Ord. 263-2014, passed 6-2-2014; Ord. 305-2024, passed 8-5-2024)

§ 155.117 BUILDING STANDARDS AND ORIENTATION.

(A) The main entrance of a building or use shall be identified by being recessed in from the surrounding wall or projecting out from the surrounding wall, and/or by windows, roof overhangs, awnings, lighting or combinations thereof so as to be readily identifiable to persons visiting that building.

(B) Blank walls shall not be permitted along any wall that faces a street. The first story facade of any wall that is visible from a street shall be at least 25% transparent and may contain an entrance.

(C) All exterior building walls shall be finished with brick, cut stone, smooth precast concrete, poured concrete panels, split-face masonry blocks, stucco, plaster, clear or lightly tinted glass or combinations thereof. Standard concrete block or metal shall not be permitted as a visible wall material.

(D) For buildings that contain more than one use, the building shall be designed to give the appearance of a separate facade for each use on the first floor. Uses shall be differentiated by columns, alternate materials, recesses, projections, roof overhangs, awnings or combinations thereof within an overall design scheme.

(E) Exterior building walls shall use neutral colors. Contrasting trim, color bands and/or textures may be used to create contrast.

(F) Loading doors or service entrances shall use the same color as the wall on which they are located.

(G) Building mechanical systems, including, but not limited to, air-conditioning units, exhaust systems, satellite dishes and elevator housing, shall be located on the roof whenever possible. Any mechanical systems not mounted on the roof shall be enclosed with fencing and/or covering that is the same color as the building.

(H) Public utility service shall be placed underground whenever feasible.

(I) Trash receptacles and above-ground utility equipment shall be placed to the side or rear of the nearest building.

(1) All trash receptacles shall be enclosed by landscaping, fencing, walls or other enclosures.

(2) All fencing, walls and/or enclosures used for trash receptacles shall be the same color as the building with which they are associated.

(Ord. 263-2014, passed 6-2-2014)

§ 155.118 SIGNS.

(A) Permitted signs. The following types of signs are permitted within the Main Street Commercial District:

(1) Signs relating to a single use occupying an individual structure on a single lot:

(a) Freestanding signs:

1. One freestanding ground-supported (monument) sign shall be permitted with a total sign area not to exceed 30 square feet; and

2. If a lot has a total linear street frontage of more than 300 feet or if the lot has frontage on more than one street, a second freestanding ground-supported sign is permitted with a total maximum sign area of 60 square feet for the two signs together.

(b) Wall signs: one wall sign shall be permitted for each building wall facing a public street, each with a total sign area not to exceed 15% of the total area of the building wall on which the sign is located. The maximum total wall sign area shall be 60 square feet;

(c) Window signs: the total sign area of window signs, as defined herein, shall not exceed 20% of the total area of the window on which the sign is located;

(d) Signs not requiring permits per § 155.212 of this chapter; and

(e) Temporary signs per § 155.212 of this chapter.

(2) Signs relating to more than one commercial use or building on a lot:

(a) Freestanding signs:

1. One freestanding ground-supported (monument) sign shall be permitted with a maximum sign area not to exceed 30 square feet, except where such sign is located within 100 feet of the right-of-way. This sign may consist of a structure to which are attached several signs, within the total sign area. A freestanding sign may include a digital sign or electronically changing message sign; provided that, it meets the size requirements of this section and the provisions of this chapter;

2. If a lot has a total linear road frontage of more than 300 feet on Main Street or if the lot has frontage on more than one street or if the lot includes more than five principal uses, a second

freestanding sign shall be allowed with a total maximum sign area of 100 square feet for the two signs together. Where more than one sign may be permitted on a lot under the provisions above, only one sign shall be a digital sign or electronically changing message sign; provided that, it meets the size requirements of this section and the provisions of this chapter; and

3. It is the specific intent of this section that for buildings including more than one use, that each use be identified as part of one coordinated freestanding sign structure and not by individual freestanding signs.

(b) Wall signs: up to two wall signs shall be permitted for each use. One wall sign shall be allowed on the wall of the building containing the main entrance to the building. If the primary entrance is not on the wall of the building which faces the street, a second wall sign shall be permitted on the wall of the building which faces the street. For each use, the sign area of a wall sign shall not exceed 15% of the area of the wall on which the sign is located, up to a maximum sign area of 50 square feet;

(c) Window signs: the total sign area of window signs, as defined in §§ 155.210 through 155.222 of this chapter, shall not exceed 20% of the total area of the window on which the sign is located;

(d) Signs identifying major developments per § 155.219 of this chapter;

(e) Signs not requiring permits per § 155.212 of this chapter; and

(f) Temporary signs per § 155.212 of this chapter.

(B) Prohibited signs.

(1) Freestanding pole signs are prohibited.

(2) Signs on mobile or movable stands are prohibited.

(1) Freestanding signs advertising one use shall be limited to a maximum height of ten feet.

(2) Freestanding signs advertising more than one use shall be limited to a height of 20 feet.

(3) The maximum height of wall sign placements shall not exceed the height of the wall on which they are located.

(D) Illumination.

(1) Externally illuminated signs shall be illuminated by a white light that does not move or change intensity. External light shall be directed at the sign without light spillover and without causing glare for motorists, pedestrians or neighboring properties.

(2) Externally illuminated signs may be backlit with a diffused or shielded light source to control glare. Backlighting shall illuminate the letters, characters or graphics on the sign, but not its background.

(3) Internally illuminated signs shall have a dark background with illuminated text that accounts for a maximum of 20% of the total sign area.

(Ord. 263-2014, passed 6-2-2014)

§ 155.119 OFF-STREET PARKING AND LOADING.

In addition to the off-street parking requirements in §§ 155.195 through 155.199 of this chapter and Chapter 154 of this code of ordinances, the following requirements shall apply to uses within the Main Street Commercial District.

(A) General. The design of parking and circulation areas on the site shall address the needs of different users to the site, such as customers, employees and truck loading and unloading.

(1) Parking areas for customers shall be located closest to the main entrance of the building.

(2) All parking areas on a lot shall be accessible from within the lot.

(B) Interconnection of off-street parking areas.

(1) (a) To reduce traffic congestion and minimize the number of curb cuts along Main Street, parking areas shall be connected to adjacent parcels through a rear or side yard access road.

(b) Where a parking area is constructed and is adjacent to an undeveloped parcel, the access drive shall be extended to the lot line for future connection.

(2) The use of shared access points is required. Adjacent uses shall share ingress and egress points to serve both uses.

(3) Access onto arterial and collector streets shall conform to the standards in this chapter and Chapter 154 of this code of ordinances.

(1) Pedestrian walkways shall be provided for customers and employees to travel between buildings and parking areas.

(2) Pedestrian walkways shall be provided between the sidewalk and the main entrance of all principal buildings.

(3) Pedestrian walkways shall be constructed with a different pavement material than that used for streets and parking areas so as to differentiate the walkway from the driving areas. Pedestrian walkways may be constructed with concrete, decorative bricks, blocks or stone, not including crushed stone.

(D) Fire zones.

(1) At the direction of the Borough Volunteer Fire Department, fire zones shall be set aside and marked around each building to ensure access by fire vehicles. Such marking shall consist of metallic signs or painted lines, or both, bearing the legend “No Parking - Fire Zone” or “No Parking - Fire Lane”.

(2) In addition to the loading requirements in this chapter and Chapter 154 of this code of ordinances, the following requirements shall apply to uses within the Main Street Commercial District: loading and unloading areas shall be located at the rear of a building. If loading and unloading areas are not possible at the rear of a building, then they may be located at the side of a building; provided that, they are screened from view of the street using fencing, a wall that matches the architectural style of the principal building, dense landscaping or combinations thereof.

(Ord. 263-2014, passed 6-2-2014)

§ 155.120 STREETSCAPE PERFORMANCE REGULATIONS.

(A) Sidewalks. Sidewalks shall be provided for all uses within the Tatamy Borough Main Street Commercial District. Sidewalks shall be constructed in accordance with all current local, state and federal regulations and specifications and installed to connect to the property line of adjacent parcels.

(B) Street lighting. Street lighting shall be provided along all street frontages in the Tatamy Borough Main Street Commercial District.

(1) Streetlight poles shall have a maximum height of 20 feet and shall be placed a maximum of 100 feet apart.

(2) All streetlight poles and fixtures shall be supplied in accordance with design standards set forth by the electric utility company.

(3) The design of streetlight poles and fixtures shall be consistent throughout the Tatamy Borough Business District.

(4) Cobra-head style streetlights shall be prohibited.

(5) All street lighting shall be directed downward.

(Ord. 263-2014, passed 6-2-2014)

§ 155.121 TRAFFIC MANAGEMENT.

(A) Road capacity. To ensure that the road network is able to handle additional traffic from intensive types of development, the following conditions shall be met.

(1) A traffic impact report shall be submitted as required by Chapter 154 of this code of ordinances.

(2) The Borough Engineer shall review, at the expense of the applicant, any professional traffic studies that are presented and make recommendations to the borough.

(3) The provisions of § 154.156 of this code of ordinances shall also apply to any use that involves construction of one or more new principal buildings.

(B) Access management. The Route 33/Main Street Interchange project will make Main Street a critical corridor for traffic movement. The number of access points onto Main Street needs to be minimized and traffic shall be steered towards a minimum number of strategically planned intersections and traffic signals. In order to minimize traffic congestion and hazards, the following access management provisions shall apply.

(1) Access to two or more adjoining lots shall be combined, shared and/or coordinated to minimize the number of access points onto a public street. Shared parking lots and access drives or access points connecting adjacent lots are strongly encouraged. The provision of joint access shall be subject to the creation of an easement with the deed allowing cross access between the properties within the access road area. The joint access arrangements shall include a recorded joint agreement with the deed defining the maintenance responsibilities of each of the property owners served by the access road.

(2) Developments consisting of three or more principal structures shall make use of a carefully coordinated interior street system.

(a) Each principal building shall have its main vehicle access onto a common parking lot, access drive, service road, marginal access street or other alternative method approved by the borough.

(b) Vehicle access shall be provided to each use without causing congestion to, hazards upon or interference with traffic movement on public streets.

(c) All access to outparcel of a development shall be provided using internal access drives. Separate access to outparcel from collector or local streets shall be prohibited.

(3) The minimum distance between an access point or driveway and a street intersection on the same or opposite side of a street shall be as follows, measured from centerline to centerline:

(a) From Main Street: 300 feet;

(b) From a collector street: 200 feet; and

(4) An access point or driveway shall be separated a minimum distance of 100 feet from any other access point or driveway onto the same street, measured from centerline to centerline.

(5) The access control provisions of this chapter and Chapter 154 of this code of ordinances shall also apply, except that where the requirements of this chapter are more restrictive.

(Ord. 263-2014, passed 6-2-2014)