Yoe City Zoning Code
PART 3
Districts
§ 27-301. Designation of Districts and Purposes.
1. For the purpose of this Chapter, Yoe Borough is hereby divided into the following zoning districts, with the following abbreviations:
LDR | Low Density Residential |
MDR | Medium Density Residential |
TC | Town Center |
C | Commercial |
CN | Conservation |
2. For the purposes of this Chapter, the zoning districts named in subsection .1 shall be of the number, size, shape and location shown on the “Official Zoning Map.”
3. Overlay Districts. The floodplain area, as defined by the Flood Hazard Ordinance, shall serve as an overlay district to the applicable underlying districts. In addition, the HO Historic Overlay District applies as provided in §27-309.
4. Purposes of Each District. In addition to serving the overall purposes and objectives of this Chapter and the Tri-Boros Comprehensive Plan and the applicable York County Policies and the County Subdivision and Land Development Ordinance, each zoning district is intended to serve the following purposes:
A. LDR Low Density Residential District. To provide for low density residential neighborhoods that are primarily composed of single-family detached dwellings. To protect these areas from incompatible uses.
B. MDR Medium Density Residential District. To provide for moderate density residential neighborhoods that allow a mix of housing types. To protect these areas from incompatible uses.
C. TC Town Center District. To provide for a mix of housing, institutional uses and light business uses in a manner that encourages reuse of older buildings and avoids conflicts between homes and intensive commercial uses. To promote walking and seek to maintain an historic character.
D. C Commercial District. To provide for a wide range of commercial uses. To carefully locate and design commercial development to provide compatibility with nearby homes and to also allow for some light industrial uses, while recognizing that heavier industrial uses are not suitable in Yoe because of the proximity of existing homes and because of the protection available against exclusionary challenges under the Tri-Boroughs Comprehensive Plan. To promote traffic safety and avoid congestion problems.
E. CN Conservation District. To recognize public parks and playgrounds, as well as cemeteries. To allow uses that are compatible on these properties.
F. HO Historic Overlay District. To encourage the preservation and appropriate reuse of historic and other architecturally important building in Yoe, include buildings that add to the historic character and streetscape of key blocks. See §27-309. Principal buildings on properties within this area require conditional use approval before they can be demolished. §27-309 also offers certain incentives to reuse these buildings. All of the provisions of the underlying regular zoning district also applies to land in the HO District, except for provisions that are specifically modified in §27-309.
(Ord. 2014-02, 10/7/2014, §301)
§ 27-302. Application of District Regulations.
1. The regulations set by this Chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this Chapter.
2. No structure shall hereafter be erected, used, constructed, reconstructed, structurally altered or occupied and no land shall hereafter be used, developed or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.
3. No yard or lot existing at the time of passage of this Chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Chapter shall meet at least the minimum requirements established by this Chapter.
(Ord. 2014-02, 10/7/2014, §302)
§ 27-303. Zoning Map.
1. A map entitled “Yoe Borough Zoning Map” accompanies this Chapter and is declared a part of this Chapter. The Official Zoning Map, which should bear the adoption date of this Chapter and the words “Official Zoning Map,” shall be retained in the Borough office.
2. Map Changes. Changes to the boundaries and districts of the Official Zoning Map shall only be made in conformity with the amendment procedures specified in the PA Municipalities Planning Code. All changes should be noted by date with a brief description of the nature of the change, either on the map or within an appendix to this Chapter.
3. Replacement Map. If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, or needs to have drafting errors or omissions corrected, Borough Council may, by resolution, adopt a new copy of the Official Zoning Map which shall supersede the prior Official Zoning Map. Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any remaining parts shall be preserved together with all available records pertaining to its previous adoption or amendment.
(Ord. 2014-02, 10/7/2014, §303)
§ 27-304. District Boundaries.
The following rules shall apply where uncertainty exists as to boundaries of any district as shown on the Zoning Map.
A. District boundary lines are intended to follow or be parallel to the center line of street rights-of-way, streams and railroads, and lot lines as they existed on a recorded deed or plan of record in the County Recorder of Deeds office at the time of the adoption of this Chapter, unless such district boundary lines are fixed by dimensions as shown on the Official Zoning Map.
B. Where a district boundary is not fixed by dimensions and where it approximately follows lot lines, such boundary shall be construed to follow such lot lines unless specifically shown otherwise.
C. The location of a district boundary on un-subdivided land or where a district boundary divides a lot shall be determined by the use of the scale appearing on the Zoning Map unless indicated otherwise by dimensions.
D. Where a municipal boundary divides a lot, the minimum lot area shall be regulated by the municipality in which the principal use(s) are located, unless otherwise provided by applicable case law. The land area within each municipality shall be regulated by the use regulations and other applicable regulations of each municipality.
E. Uncertain Municipal Border. Where there has been uncertainty about the actual location of the Borough’s municipal border, the nearest zoning district shall be considered to extend up to the actual municipal border.
(Ord. 2014-02, 10/7/2014, §304)
§ 27-305. Setbacks Across Municipal Boundaries.
1. Intent. To continue the objective of compatible land uses across municipal boundaries.
2. This Chapter requires additional setbacks and the provision of buffer yards when certain uses would abut an existing dwelling or a residential zoning district. These same additional setback and buffer yard provisions shall be provided by uses proposed within Yoe Borough regardless of whether such abutting existing dwelling or principally residential zoning district is located in an abutting municipality and/or in Yoe Borough.
(Ord. 2014-02, 10/7/2014, §305)
§ 27-306. Allowed Uses in Each Zoning District.
1. For the purposes of this Section, the following abbreviations shall have the following meanings:
2. Unless otherwise provided by State or Federal law or specifically stated in this Chapter (including §27-106.2), any land or structure shall only be used or occupied for a use specifically listed in this Chapter as allowed in the zoning district where the land or structure is located. Such uses shall only be allowed if the use complies with all other requirements of this Chapter. See §27-106.2 which generally provides a process for approval of a use that is not listed based upon similarity to permitted uses and other criteria. Except as provided in such §27-106.2, any other principal use that is not specifically listed as permitted by right or special exception in the applicable district in this table is prohibited in that district. For temporary uses, see §27-104.
A. Allowed Uses in the LDR Low Density Residential District.
(1) The following uses are allowed as permitted by right uses in the LDR District, other than conversions that are prohibited by subparagraph (3) below:
(a) Single-family detached dwelling (Note: Manufactured/mobile homes shall meet the additional requirements of §27-402).
(b) Group home within a lawful existing dwelling unit (§27-402), not including a treatment center.
(d) Borough government uses, other than uses listed separately in this Section.
(e) Publicly owned or operated recreation park.
(f) Swimming pool, non-household (§27-402).
(g) Day-care center accessory to and on the same lot as an existing lawful place of worship.
(h) Day care (§27-403) as accessory to a dwelling–day care of a maximum of three adults or youth, in addition to “relatives” of the caregiver.
(i) Home-based business, no-impact (§27-403).
(j) Furnace, outdoor (§27-403).
(k) Temporary retail sales–see §27-104.7.
(l) Unit for care of relatives (§27-403).
(m) Crop farming.
(n) Forestry.
(o) Solar energy collectors (§27-403)–covering roofs of allowed buildings, and/or 5 percent or less of other lot area.
(2) The following uses are allowed as special exception uses in the LDR District:
(a) Place of worship (§27-402) (includes church).
(b) Government facility, other than uses listed separately in this Section.
(c) Public utility facility (see also §27-115) other than uses listed separately in this Section.
(d) Family day-care home (four to six children).
(e) Home-based business, general (§27-403).
(f) Wind turbines–maximum of one wind turbine per lot, as an accessory use that meets §27-403, including setback requirements.
(3) If a use is not listed as permitted by right or special exception, it shall be prohibited in that zoning district, unless specifically provided otherwise by this Chapter. The following use is specifically prohibited in the LDR District:
(a) The conversion of one or more existing dwelling units or a building that is accessory to a dwelling into additional numbers of dwelling units.
B. Allowed Uses in the MDR Medium Density Residential District.
(1) The following uses are allowed as permitted by right uses in the MDR District, other than conversions that are prohibited by subparagraph (3) below:
(a) Single-family detached dwelling. (Note: Manufactured/mobile homes shall meet the additional requirements of §27-402.)
(b) Single-family semi-detached dwelling (side-by-side).
(c) Single-family attached dwelling (townhouse) (§27-402).
(d) Apartments, including two or more units in a building that are not single-family attached dwellings.
(e) Forestry (§27-402).
(f) Group home within a lawful existing dwelling unit (§27-402), not including a treatment center.
(h) Borough government uses, other than uses listed separately in this Section.
(i) Publicly owned or operated recreation park.
(j) Swimming pool, non-household (§27-402).
(k) Day-care center accessory to and on the same lot as an existing lawful place of worship.
(l) Day care (§27-403) as accessory to a dwelling–day care of a maximum of three adults or youth, in addition to “relatives” of the caregiver.
(m) Home-based business, no-impact (§27-403).
(n) Furnace, outdoor (§27-403).
(o) Temporary retail sales–see §27-104.7.
(p) Unit for care of relatives (§27-403).
(q) Crop farming.
(r) Solar energy collectors (§27-403)–covering roofs of allowed buildings, and/or 5 percent or less of other lot area.
(2) The following uses are allowed as special exception uses in the MDR District:
(a) Place of worship (§27-402) (includes church).
(b) Government facility, other than uses listed separately in this Section.
(c) Public utility facility (see also §27-115) other than uses listed separately in this Section.
(d) Family day-care home (four to six children).
(e) Home-based business, general (§27-403).
(f) Parking lot or structure–other parking to serve a use that is not allowed in the zoning district.
(3) If a use is not listed as permitted by right or special exception, it shall be prohibited in that zoning district, unless specifically provided otherwise by this Chapter. The following use is specifically prohibited in the MDR District:
(a) The conversion of one or more existing dwelling units or a building that is accessory to a dwelling into additional numbers of dwelling units.
C. Allowed Uses in the TC Town Center District.
(1) The following uses are allowed as permitted by right uses in the TC District:
(a) Single-family detached dwelling. (Note: Manufactured/mobile homes shall meet the additional requirements of §27-402.)
(b) Single-family semi-detached dwelling (side-by-side).
(c) Single-family attached dwelling (townhouse) (§27-402).
(d) Apartments–one apartment above a lawful commercial use.
(e) Apartments–only two dwelling units in a building and which may include a conversion from one dwelling or a nonresidential use.
(f) Group home within a lawful existing dwelling unit (§27-402), not including a treatment center.
(g) Bakery, retail.
(h) Bed and breakfast inn (§27-402).
(i) Catering, custom, for off-site consumption.
(k) Construction company or tradesperson’s headquarters (including, but not limited to, landscaping, building trades or janitorial contractor). See also as home-based business. Accessory outdoor storage shall be permitted provided it meets the screening requirements of §27-803.
(l) Conference center.
(m) Crafts or artisan’s studio (see also as home-based business).
(n) Custom printing, copying, faxing, mailing or courier service.
(o) Exercise club.
(q) Flea market/auction house.
(r) Funeral home (§27-402).
(s) Garden center, retail or plant nursery.
(t) Laundromat.
(u) Office (may include medical labs) (see also home-based business).
(v) Personal services (includes tailoring, custom dressmaking, haircutting/styling, dry-cleaning, shoe repair, “massage therapy, certified” and closely similar uses) (see also home-based business).
(w) Recording studio, music.
(x) Recreation, commercial indoor (§27-402), other than uses listed separately in this Section.
(y) Repair service, household appliance.
(z) Restaurant (§27-402)–without drive-through service.
(aa) Retail store (not including uses listed individually in this Section) or shopping center.
(bb) Target range, firearms–completely indoor, enclosed and sound- proofed.
(cc) Trade/hobby school.
(dd) Veterinarian office (§27-402).
(ee) College or university–educational and support buildings, not including residence halls.
(ff) Community recreation center (limited to a government sponsored or non-profit facility) or library.
(gg) Cultural center or museum.
(hh) Day-care center, adult.
(ii) Day-care center, child (§27-402)–see also as an accessory use.
(jj) Membership club meeting and non-commercial recreational facilities, not including a use that is not permitted to operate after 2 a.m. under State law, and provided that any “tavern” or uses listed separately in this Section shall only be allowed if the requirements for that use are also met.
(kk) Nursing home, personal care home or assisted living (§27-402).
(ll) Place of worship (§27-402) (includes church).
(mm) Borough government uses, other than uses listed separately in this Section.
(nn) Publicly owned or operated recreation park.
(oo) Swimming pool, non-household (§27-402).
(pp) U.S. Postal service facility, which may include a leased facility.
(qq) Warehousing or storage as an on-site accessory use.
(rr) Wholesale sales (other than motor vehicles).
(ss) Day care (§27-403) as accessory to a dwelling–day care of a maximum of three adults or youth, in addition to “relatives” of the caregiver.
(tt) Day care as an accessory to a place of worship.
(uu) Day care (§27-403) as accessory to a dwelling–group day-care home (seven to 12 children).
(vv) Day care (§27-403) as accessory to a dwelling–family day-care home (four to six children).
(ww) Home-based business, general or no-impact (§27-403).
(yy) Temporary retail sales–see §27-104.7.
(zz) Unit for care of relatives (§27-403).
(aaa) Crop farming or forestry.
(bbb) Parking lot or structure–parking to serve a use that is allowed in the zoning district.
(ccc) Solar energy collectors (§27-403)–covering roofs of allowed buildings, and/or 5 percent or less of other lot area.
(ddd) Wind turbines–maximum of one wind turbine per lot, as an accessory use that meets §27-403, including setback requirements.
(eee) Furnace, outdoor (§27-403).
(fff) Emergency services station (§27-402).
(2) The following uses are allowed as special exception uses in the TC District:
(a) Auto/vehicle repair garage or auto service station (§27-402).
(b) Recreation, commercial outdoor, other than uses listed separately in this Section.
(c) School, public or private, primary or secondary (§27-402).
(d) government facility, other than uses listed separately in this Section.
(e) Public utility facility (see also §27-115) other than uses listed separately in this Section.
(e) Building supplies and building materials, wholesale sales of.
(f) Manufacture of furniture and other products from wood (not including raw paper pulp).
(3) The following uses are allowed as conditional uses in the TC District:
(a) Apartments (§27-402)–two or more apartments above a lawful commercial use.
D. Allowed Uses in the C Commercial District.
(1) The following uses are allowed as permitted by right uses in the C District:
(a) Single-family detached dwelling (Note: Manufactured/mobile homes shall meet the additional requirements of §27-402).
(b) Apartments–one apartment above a lawful commercial use.
(c) Group home within a lawful existing dwelling unit (§27-402), not including a treatment center.
(d) Amusement arcade.
(e) Auditorium (commercial), arena, performing arts center or exhibition-trade show center.
(f) Auto/vehicle repair garage or auto service station (§27-402).
(g) Auto/vehicle, boat or mobile/manufactured home sales (§27-402).
(h) Bakery, retail.
(i) Bed and breakfast inn (§27-402).
(j) Bus maintenance or storage yard.
(k) Car wash (§27-402).
(l) Catering, custom, for off-site consumption.
(n) Conference center.
(o) Construction company or tradesperson’s headquarters (including, but not limited to, landscaping, building trades or janitorial contractor). See also as home-based business. Accessory outdoor storage shall be permitted provided it meets the screening requirements of §27-803.
(p) Crafts or artisan’s studio (see also as home-based business).
(q) Custom printing, copying, faxing, mailing or courier service.
(r) Exercise club.
(s) Farm equipment sales.
(u) Flea market/auction house.
(v) Funeral home (§27-402).
(w) Garden center, retail (see also “wholesale greenhouses”).
(x) Hotel or motel (§27-402).
(y) Laundromat.
(z) Laundry, commercial or industrial.
(aa) Lumber yard.
(bb) Office (may include medical labs (see also home-based business).
(cc) Pawn shop.
(dd) Personal services (includes tailoring, custom dressmaking, haircutting/styling, dry-cleaning, shoe repair, “massage therapy, certified” and closely similar uses) (see also home-based business).
(ee) Plant nursery (other than a retail garden center).
(ff) Recording studio, music.
(gg) Recreation, commercial indoor (§27-402), other than uses listed separately in this Section.
(hh) Recreation, commercial outdoor, other than uses listed separately in this Section.
(ii) Repair service, household appliance.
(jj) Restaurant (§27-402)–without drive-through service.
(kk) Retail store (not including uses listed individually in this Section) or shopping center.
(ll) Self-storage development (§27-402).
(mm) Target range, firearms–completely indoor, enclosed and sound- proofed.
(nn) Theater, indoor movie, other than an adult use.
(oo) Trade/hobby school.
(pp) Veterinarian office (§27-402).
(qq) College or university–educational and support buildings.
(rr) Community recreation center (limited to a government sponsored or non-profit facility) or library.
(ss) cultural center or museum.
(tt) Day-care center, adult.
(uu) Day-care center, child (§27-402) – see also as an accessory use).
(vv) Hospital or surgery center.
(ww) Membership club meeting and non-commercial recreational facilities, provided that a “tavern” or uses listed separately in this Section shall only be allowed if so listed in this table and if the requirements for that use are also met. See State law that limits operations after 2 a.m.
(xx) Nursing home or personal care home/assisted living (§27-402).
(yy) Place of worship (§27-402) (includes church).
(zz) School, public or private, primary or secondary (§27-402).
(aaa) Borough Government Uses, other than uses listed separately in this Section.
(bbb) Publicly owned or operated recreation park.
(ccc) Swimming pool, non-household (§27-402).
(ddd) U.S. Postal service facility, which may include a leased facility.
(eee) Building supplies and building materials, wholesale sales of.
(fff) Industrial equipment sales, rental and service, other than vehicles primarily intended to be operated on public streets.
(ggg) Packaging.
(hhh) Printing.
(iii) Bookbinding.
(jjj) Warehousing or storage as an on-site accessory use.
(kkk) Welding.
(lll) Wholesale sales.
(mmm) Day-care center accessory to and on the same lot as an existing lawful place of worship.
(nnn) Day care (§27-403) as accessory to a dwelling–day care of a maximum of three adults or youth, in addition to “relatives” of the caregiver.
(ooo) Day care (§27-403) as accessory to a dwelling–group day-care home (seven to 12 children).
(ppp) Day care (§27-403) as accessory to a dwelling–family day-care home (four to six children).
(qqq) Home-based business, general or no-impact (§27-403).
(sss) Temporary retail sales–see §27-104.7.
(ttt) Unit for care of relatives (§27-403).
(uuu) Crop farming or forestry (§27-402).
(vvv) Solar energy collectors (§27-403).
(www) Stable, non-household (§27-402)–includes horse-riding academy.
(xxx) Wind turbines–maximum of one wind turbine per lot, as an accessory use that meets §27-403, including setback requirements.
(yyy) Furnace, outdoor (§27-403).
(2) The following uses are allowed as special exception uses in the C District:
(a) Crematorium (§27-402), provided the applicant proves the use will not cause any nuisances.
(b) Beverage distributor (wholesale and/or retail).
(c) Campground (§27-402).
(e) Heliport (§27-402).
(f) Kennel (§27-402).
(g) Manufacture or industrial processing of the following:
1) Apparel, shoes and apparel accessories.
2) Food and beverage products, at an industrial scale as opposed to a clearly retail scale.
3) Finished products from materials manufactured off-site, such as glass, textiles, leather, plastics, polymers, cellophane, leather, paper, fiberglass, textiles, rubber or synthetic rubber.
4) Wood products and furniture (not including raw paper pulp).
(h) Warehousing or storage as a principal use.
(i) Picnic grove, private (§27-402).
(j) Drive-through facilities for a restaurant (§27-403).
(k) Tattoo or body piercing establishment (other than temporary tattoos or ear piercing, which are personal service uses).
(l) Tavern which may include a State-licensed micro-brewery. See State law that limits operations after 2 a.m.
(m) Emergency services station (§27-402).
(l) Government facility, other than uses listed separately in this Section.
(m) Public utility facility (see also §27-115) other than uses listed separately in this Section.
(n) Assembly or finishing of products using materials produced elsewhere (such as products from plastics manufactured off-site).
(o) Package delivery services distribution center.
(p) Recycling center, bulk processing, provided all operations of an industrial scale occur within an enclosed building.
(q) Research and development, engineering or testing facility or laboratory (other than medical laboratories, which is considered an office use).
(r) Sawmill/planing mill.
(s) Gas or oil wells.
(t) Livestock or poultry, raising of (§27-402).
(u) Parking lot or structure–not including parking as a principal use that primarily serves tractor-trailer trucks or trailers.
(v) Wind turbines–other as is listed as a by right use, such as two or more wind turbines on a lot (§27-402).
(3) The following uses are allowed as conditional uses in the C District:
(a) Boarding house (includes rooming house) (§27-402).
(b) Adult use (§27-402).
(c) Betting use, in compliance with State law.
(d) Treatment center (§27-402).
(e) Mineral extraction (§27-402) and related processing, stockpiling and storage of materials removed from the site.
E. Allowed Uses in the CN Conservation District.
(1) The following uses are allowed as permitted by right uses in the CN District:
(a) Single-family detached dwelling (Note: Manufactured/mobile homes shall meet the additional requirements of §27-402).
(b) Group home within a lawful existing dwelling unit (§27-402), not including a treatment center.
(d) Cemetery (not including a crematorium).
(e) Borough government uses, other than uses listed separately in this Section.
(f) Publicly owned or operated recreation park.
(g) Swimming pool, non-household (§27-402).
(h) Day-care center accessory to and on the same lot as an existing lawful place of worship.
(i) Day care (§27-403) as accessory to a dwelling–day care of a maximum of three adults or youth, in addition to “relatives” of the caregiver.
(j) Home-based business, no-impact (§27-403).
(l) Temporary retail sales–see §27-104.7.
(m) Unit for care of relatives (§27-403).
(n) Crop farming.
(o) Forestry.
(p) Solar energy collectors (§27-403)–covering roofs of allowed buildings, and/or 5 percent or less of other lot area.
(2) The following uses are allowed as special exception uses in the CN District:
(a) Place of worship (§27-402) (includes church).
(b) Government facility, other than uses listed separately in this Section.
(c) Public utility facility (see also §27-115) other than uses listed separately in this Section.
(d) Family day-care home (four to six kids).
(e) Home-based business, general (§27-403).
(f) Wind turbines–maximum of one wind turbine per lot, as an accessory use that meets §27-403, including setback requirements.
(g) Animal cemetery (§27-402).
3. Permitted Accessory Uses in All Districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this Chapter. The following are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of §27-403
and all other requirements of this Chapter:
A. Standard antennae, including antennae used by contractors to communi cate with their own vehicles. 2
B. Fence 2 or wall.2
C. Garage, household.
D. Garage sale.2
E. Pets, keeping of.2
F. Parking or loading, off-street, only to serve a use that is permitted in that district.
G. Recreational facilities, limited to use by: residents of a development or students at a primary or secondary school or center for the care and treatment of youth, and their occasional invited guests.
H. Residential accessory structure (see definition in Part 2). 3
I. Signs, as permitted by Part 7.
J. Swimming pool, household.3
K. Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Officer is clearly customary and incidental to a permitted by right, special exception or conditional principal use.
4. Permitted Accessory Uses to Business and Institutional Uses. The following are permitted by right accessory uses only to a permitted by right, special exception or conditional commercial, industrial or institutional use, provided that all requirements of this Chapter are met:
A. Storage of fuels for on-site use or to fuel company vehicles.
B. The following accessory uses, provided that the use is clearly limited to employees, patients, residents and families of employees of the use and their occasional invited guests:
(1) Internal cafeteria without drive-through service.
(2) Day-care center.
(3) Recreational facilities.
C. Bus shelters meeting §27-403.
D. Automatic transaction machine.
E. Storage sheds meeting the requirements of §27-307.1
(Ord. 2014-02, 10/7/2014, §306)
§ 27-307. Dimensional Requirements in Each District.
1. The following area, setback and building requirements shall apply for the specified zoning district, unless a more restrictive requirement for a specific use is required by §§27-402 or 27-403 or another Section of this Chapter. All measurements shall be in feet unless otherwise stated. See definitions of terms (such as lot width) in §27-202. Each dwelling unit and each principal building shall be served by Borough- approved central sewage service.
Zoning District: Type of Use | Min. Lot Area (sq. ft.) | Min. Lot Width Measured at Min. Building Setback Line (ft.) | Min. Front Setback (ft.) (Notes C and D) | Min. Rear Setback (ft.) ** | Min. Side Setback ** (each) (ft.) | Maximum Percent Building Coverage | Maximum Percent Impervious Coverage |
Zoning District: Type of Use | Min. Lot Area (sq. ft.) | Min. Lot Width Measured at Min. Building Setback Line (ft.) | Min. Front Setback (ft.) (Notes C and D) | Min. Rear Setback (ft.) ** | Min. Side Setback ** (each) (ft.) | Maximum Percent Building Coverage | Maximum Percent Impervious Coverage |
1. LDR Low Density Residential District: | 10,000 | 60 | 25 | 25 | 8 each | 30% | 50% |
2. MDR Medium Density Residential District: | |||||||
a) Single-family detached dwelling | a) 4,000 | a) 25 | All uses: 20 | All uses: 25 | a) 4 | All uses: 60% | All uses: 70% |
b) Single-family semidetached dwelling unit (side-by-side) | b) 3,500 per dwelling unit | b) 25 per dwelling unit (Note B) | b) 4 | ||||
c) Single-family attached dwelling (townhouse) | c) 2,000 per dwelling unit | c) 20 per interior dwelling unit & 35 for unit on a corner lot (Note B) | c) 15, except 0 at the shared lot line of lawfully attached dwellings | ||||
d) Apartment Dwellings | d) Minimum avg. lot area of 4,000 per dwelling unit | d) 100 (Note B) | d) 15 | ||||
e) Other allowed principal use | e) 10,000 | e) 60 | e) 15 | ||||
3. TC Town Center District: | |||||||
a) Allowed residential uses other than accessory dwellings: The requirements of the MDR District shall apply instead of the requirements of the TC District. | All uses: 60% | All uses: 90% | |||||
b) Other Allowed Uses | b) 5,000 | b) 50 | b) 15 | b) 25 | b) 8 | ||
4. C Commercial District: | |||||||
In addition, single-family detached dwellings may be built under the regulations of the LDR District, instead of the C District. | 12,000 | 80 | 25 | 25 (Note A) | 20 (Note A) | 50% | 90% |
5. CN Conservation District |
20,000 | 100 | 25 | 25 | 8 each | 20% | 30% |
Notes for the above Table:
Corner lot setbacks–see §27-803.2.
** = The following exceptions shall apply:
-For accessory structures and uses, see subsection .3 below.
-Structures shall not obstruct minimum sight clearance at intersections.
-See §27-803.2 pertaining to corner lots.
-See §27-806 regarding extension of nonconforming setbacks.
-See §27-803 regarding permitted reductions in setbacks to reflect average setbacks of adjacent buildings.
(Note A) = The side or rear setback for a principal business from a lot in a residential district shall be increased to 50 feet for any building area or land area used for manufacturing or an industrial tractor-trailer truck loading space from a lot in a residential district or for any use that is open to the public between 10 p.m. and 6 a.m.
(Note B) = If two or more side-by-side off-street parking spaces are located in the front setback area of a single-family attached dwelling or if garage door(s) for two or more vehicles face onto the street in the front of the single-family attached dwelling, then the minimum building width per dwelling along such street shall be a minimum of 24 feet. A maximum of 60 percent of the land area between the front of each single-family attached dwelling or a single-family semi-attached dwelling and the street right-of-way line shall be used for vehicle parking and driveways.
(Note C) = Setbacks shall be measured from the street right-of-way that will exist after the development is completed. An unenclosed front porch or deck may intrude up to 10 feet into the minimum front setback area. This porch or deck may be covered by a roof. Steps and stoops may also intrude into this setback.
(Note D) = Where lots on both sides of a lot are occupied by existing principal buildings that have a front setback area that is smaller than is required by the zoning district regulations, then the Zoning Officer may allow the minimum front setback area to be reduced to the average of those two existing buildings.
Abbreviations: sq. ft. = square feet; min. = minimum; max. = maximum; ft. = feet
2. Height. Except as provided in §27-802
, or as specified otherwise in this Chapter for a particular use, the following maximum structure height shall apply in all zoning districts:
A. An accessory building shall have a maximum height of 25 feet, and include a maximum of one story (plus any unhabitable attic storage area), unless the building meets the minimum setbacks for a principal building. If the setbacks are met for a principal building, then the maximum height for a principal building in that district shall apply.
B. The maximum height for any other structure shall be 40 feet.
3. Accessory Structures and Uses.
A. Accessory structures and uses shall meet the minimum setbacks provided for in §27-307.1, except as follows or specifically provided otherwise.
B. For a permitted detached structure that is accessory to a dwelling(s), the minimum rear setback shall be 5 feet and the minimum side setback shall be 5 feet, except a minimum setback of 10 feet shall apply from a street right-of-way along the side of a corner lot. The following exceptions apply:
(1) A side setback is not required for a structure that is accessory to a dwelling from a lot line along which two dwellings are attached (such as a lot line shared by semi-detached dwellings). However, such structure shall still meet the minimum side setback on a lot line where the dwellings are not attached.
(2) A residential porch or deck that is unenclosed may extend a maximum of 15 feet into the required rear setback. Such porch or deck may be covered by a roof or awning. Space under an unenclosed porch may be used for household storage. See Note D above considering front setbacks.
(3) See §27-403 for swimming pools.
C. No accessory building and no swimming pool shall be allowed in the minimum front setback.
D. In any case, an existing lawful accessory building may be replaced with a new accessory building provided it is built on the same location covering the same footprint.
E. If an accessory use is attached to a principal building (such as a garage built onto the side of a home), the principal setbacks shall apply.
4. Rear Setback Abutting a Street. If a new principal building is constructed with its rear lot line abutting a public street (not including an alley), a row of landscaping shall be placed between such street and the principal building, and any fencing shall be placed on the inside of such landscaping. This requirement shall not apply where the landscaping would interfere with required sight distances or a vehicle driveway or garage.
(Ord. 2014-02, 10/7/2014, §307)
§ 27-308. Wetlands and Waterway Conservation.
1. Wetland Studies. It shall be the responsibility of each applicant to determine whether land areas proposed for alteration meet the Federal or State definition of a wetland prior to submittal of development plans to the Borough. If the Zoning Officer has reason to believe that wetlands may be present on a site proposed for development or subdivision, the Zoning Officer may require that the applicant provide a suitable wetland delineation study prepared by a qualified professional.
2. Wetland and Lake Setbacks. A minimum setback of 25 feet shall be required between any new principal building for which a construction permit is issued after the effective date of this Chapter and any contiguous “wetland” area of more than ½ acre or any natural lake or pond.
3. Setback from Waterways. No new principal building, no new off-street parking spaces and no new commercial or industrial outdoor storage shall be allowed within 50 feet from the centerline of Mill Creek. Where trees and other natural vegetation are removed within this setback, they shall be replaced with new trees and vegetation that serve the same environmental purposes.
(Ord. 2014-02, 10/7/2014, §308)
§ 27-309. HO Historic Overlay District.
1. Purposes. This Section addresses control of demolition of older buildings, and offers re-use incentives. In addition to serving the overall purposes of this Chapter, this Section is intended to:
A. Promote the retention of community character and preservation of the local heritage by the protection of historic and architectural resources.
B. Establish a clear process to review and approve demolition of key older buildings, including buildings that add to the historic character and streetscape of Yoe.
C. Encourage continued use, appropriate rehabilitation and adaptive reuse of key older buildings.
D. Implement §§603(b), 603(g), 604(1) and 605(2) of the Municipalities Planning Code, 53 P.S. §§10603(b), 10603(g), 10604(1), 10605(2), which address protecting and facilitating the preservation of historic values through zoning and using zoning to regulate uses and structures at or near places having unique historic, architectural or patriotic interest or value.
E. Strengthen the local economy by promoting heritage tourism, improving property values and increasing investment in older buildings.
F. Utilize the traditional neighborhood development provisions of the Municipalities Planning Code, 53 P.S. §10101 et seq.
G. Carry out recommendations of the Comprehensive Plan, including recommendations to preserve historic buildings and community character.
2. Applicability.
A. This Section shall apply to any principal building within the HO Historic Overlay District, other than buildings where there is evidence the building was built after January 1, 1940.
B. Within the HO Historic Overlay District, all of the provisions of the applicable underlying zoning district shall also continue to apply, except for specific provisions that are allowed to be more permissive by this Section. In addition, the demolition approval provisions of this Section shall also apply.
3. Definitions. In addition to the definitions provided in §27-202, the following terms shall have the following meanings for the purposes of this Section:
A. Demolition. The dismantling, tearing down, removal or razing of the exterior of a building, in whole or in part. This term shall not include changes to the interior of a building, provided such changes do not alter the structural integrity of the building. The removal of exterior architectural details or porches that are visible from a street shall also be considered to be partial demolitions.
B. Demolition by Neglect. The absence of routine maintenance and repair which leads to structural weakness, decay and deterioration in a building to a point that causes a need for major repair or may cause a need for demolition.
C. Maintenance and Repair. Work that is intended to only correct existing deficiencies or to extend the life of building materials, and which does not harm the stability of exterior features of a building, and which is not a partial or complete demolition. An example of a repair is to replace one type of roofing material with a different type of roofing material.
D. Streetscape. The overall appearance of a block along a public street, including yards visible from a public street, the relationship of building setbacks, the consistency of architectural styles or features, the spacing and shapes of windows and doors and rooflines and similar features that give the block its distinctive visual character.
4. Approval of Demolition of Buildings Regulated by this Section.
A. Any partial or complete demolition of a building regulated by this Section shall only occur in compliance with this Section. Before a building regulated by this Section is allowed to be partially or completely demolished, the applicant must prove by credible evidence to the satisfaction of the Borough Council as a conditional use that one or more of the following conditions exist:
(1) The existing building cannot feasibly and reasonably be reused, and that such situation is not the result of intentional neglect or demolition by neglect by the owner.
(2) The denial of the demolition would result in unreasonable economic hardship to the owner, and the hardship was not self-created.
(3) The demolition is necessary to allow a project to occur that will have substantial, special and unusual public benefit that would greatly outweigh the loss of the building regulated by this Section, and the project needs to occur at this location (for example, a demolition may be needed for a necessary expansion of an existing public building or to allow a street improvement that is necessary to alleviate a public safety hazard).
(4) The existing building has no historical or architectural significance and the demolition will not adversely impact upon the streetscape.
(5) The proposed design of a replacement building, porch or similar feature will result in a net improvement to the streetscape.
(6) The building will be replaced with a new building that will have essentially the same appearance as viewed from a public street.
B. For approval of a demolition, the standards of this Section shall apply in place of the conditional use approval standards of §27-118. In reviewing the application, the Borough Council shall consider the following:
(1) The effect of the demolition on the historical significance, streetscape and architectural integrity of neighboring historic buildings and on the historic character of the surrounding neighborhood.
(2) The feasibility of other alternatives to demolition.
C. An application for partial or complete demolition of a building regulated by this Section shall not be approved unless all of the requirements of this Section have been met. A partial demolition shall include, but not be limited to, removal of an attached front porch roof, removal of front porch columns, and removal of historic architectural features on a building side that faces a public street. See definition of “demolition” above.
(1) After receiving a complete application, the Zoning Officer may approve the removal of features regulated by this Section if the applicant proves they will be replaced with new features that will have the same appearance as viewed from a public street. For example, a older front porch may be replaced with a new front porch with the same appearance, even if the materials are different.
D. A complete application for the demolition shall be submitted by the applicant in writing. This application shall include the following:
(1) The name, address and daytime telephone number of the owner of record and the applicant for the demolition.
(2) Recent exterior photographs of the building proposed for demolition. If the applicant is alleging that the building cannot be reused or rehabilitated, then interior photos and floor plans shall be provided as needed to support the applicant’s claim.
(3) A site plan drawn to scale showing existing buildings and the proposed demolition.
(4) A written statement of the reasons for the demolition.
(5) The proposed use of the site, and a proposed timeline for development of that proposed use.
E. Procedures. The demolition application shall be submitted to the Borough for consideration as a conditional use. The applicant shall be informed of meeting dates where the application is intended to be discussed and encouraged to be present to discuss the proposed demolition.
F. Evidence. The applicant shall provide sufficient credible evidence to justify any claims that a building cannot feasibly be repaired or reused. The following types of expert testimony and documentation are examples of types of information that may be accepted to be credible evidence: (1) a property appraisal and/or income and expense statements for the property, (2) a written estimate of the costs of rehabilitation by a qualified contractor, (3) a written report from a professional engineer regarding the structural soundness of the building, (4) testimony concerning efforts to market the property over time, (5) information regarding the applicant’s purchase price of the building, and (6) similar relevant information.
G. Self-created Conditions. The conditions that justify the proposed demolition of a building regulated by this Section shall not have been self-created by the applicant. These conditions include, but are not limited to:
(1) Lack of proper maintenance of the building, including, but not limited to, structural elements, the roof, windows or architectural elements.
(2) Leaving parts of a building open to the elements or accessible to vandalism.
H. The Zoning Officer may require any unoccupied building to be properly sealed and secured to prevent decay from the elements and vandalism.
I. Emergency. The Construction Official may issue a permit for demolition without compliance with this Section if the Construction Official certifies in writing that the building represents a clear and immediate hazard to public safety, and that no other reasonable alternatives exist to demolition.
J. Exceptions. Conditional use approval shall not be needed for the following:
(1) Demolition of accessory buildings or structures.
(2) Interior renovations or removal of features (such as a rear porch) that do not harm the structural stability of the building and that are not visible from a public street. Features that are only visible from an alley and not a street are not regulated by this Section.
(3) Removal of features that were added after 1940, such as a modern porch, aluminum siding or carport.
(4) Relocation of a building within the Borough, provided that the relocation does not result in a partial or complete demolition that is regulated by this Section.
5. Demolition by Neglect (see definition above).
A. Every property owner of a building regulated by this Section shall repair and maintain the building to avoid demolition by neglect.
B. Every property owner of a building regulated by this Section shall properly repair and maintain the building to maintain the structural integrity of the building and to protect the building and attached features from damage from the elements. The attached features that shall be protected, repaired and maintained include the roof, cornice, columns, beams, posts and lintels.
C. If a property owner fails to comply with an order from the Construction Official to repair a building regulated by this Section to correct a code violation that threatens the structural integrity of a building, such matter shall also be considered a violation of this Chapter.
6. Additional Uses Allowed.
A. The following additional uses shall be allowed within a building regulated by this Section in any zoning district:
(1) The conversion into a bed-and-breakfast inn, meeting the additional requirements in §27-402.
(2) The conversion into an office.
(3) The conversion into a studio for the creation of custom arts and crafts, which may include occasional accessory retail sales.
B. To be eligible for these uses, the applicant shall prove the following to the satisfaction of the Borough Council that a registered architect with substantial experience in the rehabilitation of historic buildings provides a written certification that the exterior of the building as visible from public streets will be historically rehabilitated in conformance with the Secretary of the Interior’s Standards for Historic Rehabilitation, as viewed from public streets (not including an alley).
C. Plans shall be submitted showing the design and materials of any exterior changes to the building that are visible from a public street.
(Ord. 2014-02, 10/7/2014, §309)
§ 27-310. Advisory Design Guidelines.
The following advisory guidelines should be considered in the design of new construction, additions and exterior alterations, particularly in the TC District:
A. Vehicle parking and any garage doors should be placed to the rear of buildings as opposed to between buildings and the street. Where rear parking is not practical, then parking should be provided to the side of a building. Where a driveway needs to enter from the front, the garage should be setback further from the street than the house, and the driveway should be as narrow as practical through the front yard.
B. New construction should have a front setback that is similar to adjacent older buildings.
C. On historic buildings, modern additions and features should be placed towards the rear of the property.
D. New construction should have rooflines that are similar to adjacent older buildings. Flat roofs should be avoided, except when a decorative cornice is used. Where a pitched roof is not practical, then the roof should at least appear to have angles and a pitch when viewed from the street.
E. On sides visible from a street, new construction should use building materials that are similar to appearance of older buildings, such as decorative masonry.
F. Blank walls without door and window openings should be avoided along a street.
H. Pedestrians. Pedestrian traffic should be separated from major vehicle routes. Developments should be designed in such a way as to be inviting for pedestrian traffic. The development should not be surrounded by parking lots and driveways, but should be placed on the site in such a way that it relates to adjacent properties and streets.
I. Porches. Existing older porches should be maintained and new porches should be considered on the front of new buildings.
J. Site Features. Parking areas, garages or storage buildings (particularly the prefabricated metal type) should not be built near the front or in areas visible from the street.
K. Fences. Chain-link metal fences should be avoided in the front yard. Picket or ornamental fences are encouraged. Solid wooden or vinyl plank fences should be placed in rear and side yards only. Highway-style metal guide rails should not be used.
L. Utilities. New utilities should be placed underground. Where that is not practical, they should be placed in less visible parts of the site. For example, new utility lines should be extended from the rear of the property instead of the front.
M. HVAC. Commercial HVAC systems should be screened from view from the front of a lot using walls, fencing, roof elements or landscaping. Noise or odor producing ventilation equipment should be placed as far away from dwellings as is feasible.
N. Fire Escapes. New exterior fire escapes should not be constructed on the front facade of a building.
(Ord. 2014-02, 10/7/2014, §310)
§ 27-311. Common Open Space Standards.
Where common open space is used to meet a Borough requirement, it shall meet the following additional requirements:
A. The land shall be designed, intended and suitable for active or passive recreation by residents of a development or the general public or for another Borough-authorized open space use.
B. The land shall be covered by a system that ensures perpetual mainte nance, if the land is not intended to be publicly owned.
C. The land shall be deeded to the Borough and/or preserved by a deed restriction or conservation easement to permanently prevent non-authorized uses and subdivision of the land.
D. The following areas shall not be used meet minimum common open space requirements:
(1) Existing street rights-of-way.
(2) Vehicle streets or driveways providing access to other lots.
(3) Land beneath building(s) or land within 20 feet of a building (other than accessory buildings and pools clearly intended for noncommercial recreation and other than agricultural buildings and a farmstead which are permitted within land approved by the Borough for agricultural preservation).
(4) Off-street parking (other than that clearly intended for noncommercial recreation).
(5) Area(s) needed to meet a requirement for an individual lot.
(6) For land intended to be open to the public, that does not have provisions for entry with a 15-foot minimum width by pedestrians from a street open to the public or from adjacent preserved open space that has access to such a street.
(7) Land that includes a stormwater detention basin, except for a basin or portions of a basin that the applicant proves to the satisfaction of Borough Council would: (a) be reasonably safe and useful for active or passive recreation during the vast majority of weather conditions or (b) serve as a scenic asset resembling a natural pond.
(8) Portions of land that have a width of less than 50 feet, except for segments of a regional trail system.
(9) Areas that are under water during normal weather conditions.
(10) Areas that are under electric transmission lines that are designed for a capacity of 35 kilovolts or greater.
E. Each square foot of preserved open space that is of 25 percent or greater slopes and each square foot within the 100-year floodplain shall only count as one- half square foot for the purposes of determining the amount of preserved open space.
(Ord. 2014-02, 10/7/2014, §311)