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Wyalusing City Zoning Code

ARTICLE III

Designation of Zoning Districts; Zoning Map; Uses

§ 500-300 Designation of Districts.

For the purpose of implementing the goals and objectives of this chapter and the 2016 Comprehensive Plan for the Borough of Wyalusing, Wyalusing Borough is hereby divided into Districts that will be designated as follows:
A
AGRICULTURAL DISTRICT
C
CONSERVATION DISTRICT
P
PUBLIC
I
INDUSTRIAL
B-1
BUSINESS 1 DISTRICT
B-2
BUSINESS 2 DISTRICT
R-1
R-1 RESIDENTIAL DISTRICT
R-2
R-2 RESIDENTIAL DISTRICT
R-3
R-3 RESIDENTIAL DISTRICT

§ 500-301 District purposes.

A. 
Agricultural District. The intent of the Agricultural/Residential District is to provide standards to protect the existing character of the Agricultural District that will continue to allow for the continued agricultural and large-scale rural activities. At the same time allowing these operations to maintain their residential uses.
B. 
Conservation District. The intent of the Conservation District is to provide for the preservation and conservation of the open space while providing for such uses and development as are compatible with objectives to provide appropriate space for recreation that is compatible with the surrounding districts.
C. 
Public District. To designate areas of the Borough from the municipal building, public park, library, post office, and open space.
D. 
Business 1 District. Main Street and Historic Route 706 to meet the community's needs for general goods and services in the undeveloped space in the Route 706 corridor.
E. 
Business 2 District. The intent of the Business 2 District is to provide for the larger businesses within undeveloped space in the Route 6 corridor.
F. 
Industrial District. The intent of the Industrial District is to provide sufficient space, in appropriate locations, to meet the current and anticipated future needs for wide range of industrial activity. The district intends to maximize existing facilities, services and utilities while minimizing the negative effects that may be caused by the manufacturing through performance standards controlling odor, smoke, dust, and vibration.
G. 
Residential (R-1) District. The intent of the Low-Density Residential (R-1) District is to provide standards that protect the existing character of the district and for the orderly expansion of additional low-density development where there is potential. The district is compatible with areas of the Borough that provide both municipal sewer and water services. The Low-Density Residential District promotes a safe family home environment meeting minimum standards for health and safety against hazards and nuisances to preserve the historic homes in the center of Town.
H. 
Residential (R-2) District. The intent of the Medium-Density Residential District (R-2) is to provide for the orderly development of existing and proposed medium-density residential areas compatible with areas of the Borough that provide both municipal sewer and water services. The Medium-Density Residential (R-2) District promotes a safe family home environment at a higher building density, yet still meeting minimum standards for health and safety against hazards and nuisances in the Multifamily District.
I. 
Residential (R-3) District. The intent of the Medium-Density Residential District (R-3) is to provide for the orderly development of existing and proposed medium-density residential areas compatible with areas of the Borough that provide both municipal sewer and water services. The Medium-Density Residential (R-2) District promotes a safe family home environment at a higher building density, yet still meeting minimum standards for health and safety against hazards and nuisances for the apartments and senior housing in the district.

§ 500-302 Zoning Map.

A. 
The locations and boundaries of the above districts are shown upon the map attached to and made a part hereof this chapter, which shall be designated "The Wyalusing Borough Zoning Map." This Zoning Map and all notations, references and other data shown thereon are hereby incorporated by reference into this chapter as if all were fully described herein.
B. 
If changes are made in district boundaries or other matter portrayed on the Zoning Map, such changes shall be entered promptly on the said Map. All changes, certified by the Borough Council, shall be initialed on the map together with a brief description of the changes and the date of the enactment of such changes, under the word "Revised." No amendment to this chapter which involves matter portrayed on the Zoning Map shall become effective until after such change and entry has been shown on the said Map.

§ 500-303 Interpretation of zoning district boundaries.

The boundaries between districts are shown by District Boundary Lines on the Zoning Map. Where uncertainty exists as to boundaries of any districts shown on the Zoning Map, the following rules shall apply:
A. 
Boundaries indicated, as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines;
B. 
Boundaries indicated as approximate following platted lot lines shall be construed as following such lot lines;
C. 
Boundaries indicated as approximately following Borough limits shall be construed as following such Borough limits;
D. 
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;
E. 
Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams or other bodies of water shall be construed to follow such center lines and, in the event the stream or other body of water moves, the boundary shall move with the center line of such;
F. 
Boundaries indicated as parallel to or extensions of features indicated in Subsections A through E above shall be so construed. The scale of the Map shall determine distances not specifically indicated on the Zoning Map;
G. 
Where physical features existing on the ground are alleged to be at variance with those illustrated on the Zoning Map, or in other circumstances not covered by Subsections A through E above, it shall be the function of the Zoning Officer to interpret and apply the Map;
H. 
In the case of any uncertainty as to zoning district boundaries on the Zoning Map, the Zoning Officer shall determine the zoning district boundaries; however, the Zoning Officer's determination may be appealed to the Zoning Hearing Board; and
I. 
Where one or more district boundary lines divides a lot held in single ownership, the regulations of one of the districts on either side of any such boundary line may be chosen by the owner to apply to the portion of such lot in the district on the other side of such line for a distance of not more than 50 feet beyond the district boundary line.

§ 500-304 Annexation.

All territory which may hereafter be annexed by Wyalusing Borough shall be automatically included in the district that most nearly corresponds to the zoning classification of the land at the time of annexation, unless otherwise specified in the ordinance of annexation.

§ 500-305 Uses not provided for.

If a use is neither specifically permitted nor prohibited under this chapter and a landowner makes an application to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Borough Council to hear and decide such request as a conditional use. The Borough Council shall permit the use or deny the use in accordance with the standards for the consideration of conditional uses contained herein.
A. 
The use may be permitted if the particular use meets all five criteria listed below:
(1) 
Is of the same general character as the enumerated permitted uses in the zone;
(2) 
Is in accordance with the intended purpose of the zone;
(3) 
Is compatible with the permitted uses in the zone;
(4) 
Is not permitted in any other zone by the chapter; and
(5) 
Will comply with all performance standards applicable to permitted uses in the zone.
B. 
The duty to present evidence and the burden of proof shall be on the applicant to demonstrate that the proposed use is of the same general character as the enumerated permitted uses in the zone, is in accordance with the intended purpose of the zone, is compatible with the permitted uses in the zone, is not permitted in any other zone, will comply with all performance standards set forth in Article VI, applicable to permitted uses in the zone and will not be detrimental to the public health, safety and welfare of the neighborhood.

§ 500-306 District use table.

A. 
Table 306.1, Wyalusing Borough Zoning District Use Table, is included as an attachment to this chapter. It lists the types of uses permitted by this Zoning Ordinance by district.
B. 
Proposed uses located within the Floodplain District (FP) shall comply with the underlying zoning district and associated Wyalusing Borough floodplain regulations.