Wilkes-Barre City is hereby divided into zoning districts, as shown on the Official Zoning Map, which together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this Ordinance, together with all future notations, references and amendments.

Any changes to the location of zoning district boundaries or other matters portrayed upon the Official Zoning Map shall be undertaken in accordance with the applicable provisions contained within Article 14 of this Ordinance and the Pennsylvania Municipalities Planning Code, Act 247, as amended. Such changes shall be provided upon the Official Zoning Map promptly after the enactment of the subject amendment by Wilkes-Barre City Council.

For the interpretation of zoning district boundaries, the following subsections shall apply if or when a determination is not made by the Zoning Officer.

403.1

Zoning Hearing Board.

If uncertainty exists as to the boundary of any zoning district shown upon the Official Zoning Map, the Zoning Hearing Board shall determine the location of such boundary according to the guidelines set forth in Section 403.2.

403.2

Guidelines.

(A)

Zoning district boundary lines are generally intended to follow or parallel the center line of streets, streams and railroads; and the lot or property lines as they exist on a recorded deed or plan in the Luzerne County Recorder of Deeds Office at the time of adoption of this Ordinance, unless such zoning district boundary lines are fixed by dimensions as shown on the Official Zoning Map.

(B)

Where a zoning district boundary is not fixed by dimensions and where it approximately follows lot lines, and does not scale more than ten (10) feet therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.

(C)

If the guidelines as stated above fail to provide and establish the boundary of a zoning district, a survey of the property or area of land in question shall be made by a registered surveyor, with the cost of the survey paid by the party who is questioning or contesting the boundary location.

For the purpose of this Ordinance, the City of Wilkes-Barre is hereby divided into Zoning Districts with the intended legislative intent as designated below:

R-1 Residential Single-Family District:

The provisions for the R-1 District are intended to create, preserve and enhance areas composed primarily of single-family residences built at relatively lower densities. These Districts are still stable and essentially in sound condition and should be protected from intrusion of uses and activities incompatible with the character of single-family areas. It is also intended that these Districts have adequate light and space around the buildings and be well landscaped, with mature trees and shrubbery, so that they will be continuing assets to the City and will promote a stable, healthy, and safe environment.

R-2 Residential Two-Family District:

The provisions for the R-2 District are intended to create, preserve and enhance areas that are primarily residential in character but which are composed of a variety of types of residences built at medium densities. These districts will be more densely built up, but will still have adequate light and space around the buildings and be well landscaped with mature trees and shrubbery.

R-3 Residential Multi-Family District:

The provisions for the R-3 District are intended to create, preserve, and enhance areas of the City that are primarily residential in character but built to higher densities than any other R District. They may be older areas or newly developed or redeveloped areas where the plan of the City indicates that it is feasible and desirable to develop certain areas with medium to high concentrations of population due to the availability of adequate public facilities and utilities, the adequacy of the road and transportation systems and the suitability of the environment. It is also the intent that some nonresidential uses will be permitted in these districts if they are not incompatible with the character of a higher density residential area, but, are instead complementary and would enhance the quality of such a neighborhood.

C-1 Commercial, Office District:

The provisions for the C-1 District are intended to create, preserve and enhance areas close to the central business district, with a wide range of retail and service establishments, and are also intended to create and enhance areas with central offices and residential structures of a medium to high density which will supplement the central business district and will promote a stable, healthy, and safe environment.

C-2 Commercial Community District:

The provisions for the C-2 District are intended to create, preserve and enhance areas with a wide range of retail and service establishments typically appropriate along major traffic arteries, due to their dependence on automobile traffic for business. The C-2 districts are also intended to preserve and enhance areas that have long been established as business areas, but are secondary to the central business district which contain a mixture of business similar in nature to those found in both the central business district and in the neighborhood business districts.

C-3 Commercial, Central District:

The provisions for the C-3 District are intended to create, preserve and enhance the central business district as a regional center of shopping, employment, office, financial, government, hotels, entertainment, and culture.

C-4 Commercial, Heavy District:

The provisions for the C-4 District are intended to create, preserve and enhance areas devoted to highway-oriented uses at a high density. Such districts may include commercial services which are incompatible with the central business district and residential districts because of their need for extensive parking and loading areas of their external impact or surrounding areas. C-4 districts will be greatly located along or near major traffic corridors.

C-N Commercial Neighborhood District:

The provisions for the C-N District are intended to create, preserve and enhance business areas to serve residential neighborhoods, They are generally districts which contain several small-scale retail establishments, in small clustered groupings, serving frequently recurring needs in locations convenient to residents.

M-1 Industrial, Light District:

The provisions for the M-1 District are intended to create, preserve and enhance areas intended for light industrial uses and commercial services using previously prepared materials not objectionable or injurious due to smoke, noise, odors, vibrations, etc. such uses have activities which have limited external impact on surrounding areas because of their appearance and method of operation.

M-2 Industrial, Heavy District:

The provisions for the M-2 District are intended to create, preserve, and enhance areas intended for heavy industry, using raw materials. Such uses are more intense than uses in the M-1 classification and are located farther from residential neighborhoods so as not to be detrimental to surrounding properties. M-2 districts are located so that they have access to suitable and adequate railroad, highway, or other transportation and shipping facilities.

S-1 Special Purpose District:

The provisions for the S-1 District are intended to create, preserve and enhance areas intended for use by the public. Such uses include colleges or universities, schools of music, art, dancing, central offices and residential uses of a high density. It is also the intent of this section to include public and quasi-public uses of a governmental, welfare, religious, recreational, and cultural nature. Because of the unique nature of these districts, special controls concerning landscaping, transportation services and off-street parking are designed to promote a stable, healthy, and safe environment.

OSP Open Space and Park Zone:

The provisions of the OSP District are designed to preserve and promote green spaces throughout the City to enhance the environmental quality of life for City residents. Areas suitable for an OSP classification include public parks and open space to meet capable of meeting the passive and active recreational needs of residents.