A.
For the purpose of this chapter, Jacobus Borough is hereby divided
into the following zoning districts, with the following abbreviations:
|
R-1
|
Low-Density Residential District
| |
|
R-2
|
Medium-Density Residential District
| |
|
C-N
|
Neighborhood Commercial District
| |
|
C-G
|
General Commercial District
| |
|
I-C
|
Industrial Commercial District
| |
|
HD
|
Historic Overlay District
|
B.
For the purposes of this chapter, the zoning districts named in Subsection A shall be of the number, size, shape and location shown on the Official Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
C.
Overlay districts. The Floodplain Area, as defined by Article V, shall serve as an overlay district to the applicable underlying districts.
D.
Purposes of each district. In addition to serving the overall purposes
and objectives of this chapter and the Comprehensive Plan, each zoning
district is intended to serve the following purposes:
(1)
R-1 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.
(2)
R-2 Medium-Density Residential District: to provide for medium-density
residential neighborhoods with a mix of housing types; to protect
these areas from incompatible uses; to meet requirements of state
law to provide opportunities for various housing types.
(3)
C-N Neighborhood Commercial District: to provide business opportunities
while seeking to develop a central community focus for the Borough;
to promote a pedestrian-friendly and bicycle-friendly environment;
to promote an appropriate mix of retail, service, office, public,
institutional and residential uses; to avoid heavy commercial uses
that are most likely to conflict with the historic and scenic character
and most likely to cause conflicts with homes.
(4)
C-G General Commercial District: to provide for a wide range of commercial
uses.
(5)
I-C Industrial Commercial District: to provide for industrial and
certain types of commercial development in a manner that is compatible
with any nearby homes and the surrounding environment; to carefully
control the types of industrial operations to avoid nuisances and
environmental hazards.
A.
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.
B.
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.
C.
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.
D.
Boundary change. Any territory which may hereafter become part of
the Borough through annexation or a boundary adjustment shall be classified
as the R-1 Zoning District of Jacobus Borough until or unless such
territory is otherwise classified by Borough Council.
A.
A map entitled "Jacobus 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 Building.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
B.
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 Municipalities Planning Code.[2] 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.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
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.
The following rules shall apply where uncertainty exists as to boundaries of any district as shown on the Zoning Map:[1]
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 unsubdivided 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.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
A.
Intent: to continue the objective of compatible land uses across
municipal boundaries.
B.
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 Jacobus Borough, regardless
of whether such abutting existing dwelling or principally residential
zoning district is located in an abutting municipality and/or in Jacobus
Borough.
A.
For the purposes of this § 250-28, the following abbreviations shall have the following meanings:
|
P
|
=
|
Permitted by right use (zoning decision by Zoning Officer).
| |
|
SE
|
=
|
Special exception use (zoning decision by Zoning Hearing Board).
| |
|
C
|
=
|
Conditional use (zoning decision by Borough Council).
| |
|
N
|
=
|
Not permitted.
| |
|
(§ 250-34)
|
=
|
See additional requirements in § 250-34.
| |
|
(§ 250-35)
|
=
|
See additional requirements in § 250-35.
|
B.
Unless otherwise provided by state or federal law or specifically stated in this chapter (including § 250-8B), any land or structure shall only be used or occupied for a use specifically listed in this chapter as permitted in the zoning district where the land or structure is located. Such uses shall only be permitted if the use complies with all other requirements of this chapter.
(1)
See § 250-8B, 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 § 250-8B, any other principal use that is not specifically listed as P, C or SE in the applicable district in this table is prohibited in that district.
(3)
For manufacturing uses, the types of uses listed in this section
correspond approximately to the categories of the North American Classification
System, administered by the United States Department of Commerce.
In case of question about the categorization, such system shall be
consulted.
C.
Allowed
uses in primarily residential zoning districts.
|
KEY:
| |||
|---|---|---|---|
|
P
|
=
|
Permitted by right use (zoning decision by Zoning Officer).
| |
|
SE
|
=
|
Special exception use (zoning decision by Zoning Hearing Board).
| |
|
C
|
=
|
Conditional use (zoning decision by Borough Council).
| |
|
N
|
=
|
Not permitted.
| |
|
(§ 250-34)
|
=
|
See additional requirements in § 250-34.
| |
|
(§ 250-35)
|
=
|
See additional requirements in § 250-35.
| |
|
Types of Uses
|
Zoning Districts
| |||
|---|---|---|---|---|
|
(See definitions in Article II.)
|
R-1
|
R-2
| ||
|
Residential Uses
| ||||
|
Single-family detached dwelling (NOTE: Manufactured/mobile homes shall also meet the additional requirements of § 250-34.)
|
P
|
P
| ||
|
Open space development option in compliance with § 250-31
|
C
|
N
| ||
|
Semidetached dwelling (side-by-side)
|
N
|
P
| ||
|
Single-family attached dwelling (townhouse) (§ 250-34)
|
N
|
P
| ||
|
Apartments (§ 250-34), not including conversions of a one-family existing building:
| ||||
|
Only 2 dwelling units in a building (two-family detached dwelling)
|
N
|
P
| ||
|
3 or more dwelling units in a building
|
N
|
P
| ||
|
Manufactured/mobile home park (§ 250-34)
|
N
|
N
| ||
|
Boardinghouse (includes rooming house) (§ 250-34)
|
N
|
N
| ||
|
Group home within a lawful existing dwelling unit (§ 250-34), not including a treatment center
|
P
|
P
| ||
|
Conversion of a one-family existing building to result in an
increased number of dwelling units (See also "unit for care of relative"
under "Accessory Uses.")
|
N
|
N
| ||
|
Dormitory for students
|
N
|
N
| ||
|
Commercial Uses
| ||||
|
Bed-and-breakfast inn (§ 250-34)
|
N
|
SE
| ||
|
Camp (§ 250-34), not including recreational vehicle campground
|
N
|
N
| ||
|
Communications tower/antenna, commercial (§ 250-34):
| ||||
|
Meeting § 250-34A(15)(b) pertaining to antenna placed on certain existing structures
|
P
|
P
| ||
|
Antenna/tower that does not meet § 250-34A(15)(b) (such as freestanding towers)
|
N
|
N
| ||
|
Golf course (§ 250-34), with a minimum lot area of 40 acres, which may include land in an adjacent municipality
|
P
|
P
| ||
|
Offices (See also "home occupations" under "Accessory Uses.")
occupying a maximum floor area of 3,000 square feet
|
N
|
N
| ||
|
Plant nursery or tree farm, with any on-site retail sales limited
to trees and shrubs primarily grown on the premises, and with a five-percent
maximum building coverage and a two-acre minimum lot area
|
P
|
P
| ||
|
Institutional/Semipublic Uses
| ||||
|
Cemetery (not including crematorium) (§ 250-34)
|
P
|
P
| ||
|
Church (See "place of worship" below.)
| ||||
|
College or university
|
N
|
N
| ||
|
Community recreation center or library
|
P
|
P
| ||
|
Cultural center or museum
|
N
|
SE
| ||
|
Day-care center, adult (§ 250-34) (See also as an accessory use.)
|
N
|
N
| ||
|
Day-care center, child (§ 250-34) (See also as an accessory use.)
|
N
|
N
| ||
|
Emergency services station, which may include an accessory bingo
and banquet hall
|
SE
|
SE
| ||
|
Hunting and fishing club, with a five-percent maximum building coverage in residential districts (This term shall not include uses listed separately in this § 250-28.)
|
P
|
P
| ||
|
Nursing home or personal care home/assisted living (§ 250-34), with a minimum lot size of 1 acre
|
N
|
N
| ||
|
Place of worship (§ 250-34) (includes church)
|
SE
|
SE
| ||
|
School, public or private, primary or secondary (§ 250-34)
|
SE
|
SE
| ||
|
Public/Semipublic
| ||||
|
Borough government uses, other than uses listed separately in this § 250-28
|
P
|
P
| ||
|
Government facility, other than uses listed separately in this § 250-28
|
SE
|
SE
| ||
|
Publicly owned or operated recreation park
|
P
|
P
| ||
|
SE
|
SE
| |||
|
Swimming pool, nonhousehold (§ 250-34)
|
SE
|
SE
| ||
|
Accessory Uses
| ||||
|
Composting, other than leaves or materials generated on site
|
N
|
N
| ||
|
Day-care center accessory to and on the same lot as an existing
lawful place of worship
|
P
|
P
| ||
|
Day care (§ 250-35) as accessory to a dwelling:
| ||||
|
Day care of a maximum of 4 adults or youth, in addition to relatives of the caregiver (See § 250-22, Definitions.)
|
P
|
P
| ||
|
Group day-care home
|
N
|
SE
| ||
|
Family day-care home
|
SE
|
SE
| ||
|
Home occupation, major (§ 250-35)
|
SE
|
SE
| ||
|
Home occupation, minor (§ 250-35)
|
P
|
P
| ||
|
Retail sales of agricultural products (§ 250-35)
|
P
|
P
| ||
|
Temporary retail sales (only allowed if complies with § 250-6G)
| ||||
|
Unit for care of relative (§ 250-35)
|
P
|
P
| ||
|
Miscellaneous Uses
| ||||
|
Crop farming
|
P
|
P
| ||
|
Forestry (See "timber harvesting" below.)
| ||||
|
Livestock or poultry, raising of (§ 250-34)
|
SE
|
N
| ||
|
Nature preserve or environmental education center
|
P
|
P
| ||
|
Parking lot as the principal use of a lot that does not primarily
serve tractor-trailer trucks
|
N
|
SE
| ||
|
Sewage pump stations
|
P
|
P
| ||
|
Sewage treatment plant
|
SE
|
N
| ||
|
Stable, nonhousehold (§ 250-34) (includes horse-riding academy)
|
SE
|
N
| ||
|
Timber harvesting (§ 250-34)
|
P
|
P
| ||
|
Windmills:
| ||||
|
Maximum of 1 on a lot that is designed primarily for on-site
electricity use and which shall be required to have a setback equal
to the total height from all lot lines, except that if placed above
a building, only the height of the pole and windmill needs to be set
back from lot lines
|
P
|
P
| ||
|
Windmill(s) designed primarily for generating electricity for off-site use (§ 250-34)
|
N
|
N
| ||
|
All uses that will be unable to comply with the performance standards of this chapter (See the environmental protection requirements of Article V.)
|
N
|
N
| ||
D.
Allowed
uses in primarily business zoning districts.
|
KEY:
| |||
|---|---|---|---|
|
*
|
=
|
Apartments shall be limited to being in the same building as
a principal commercial use that is on the street level.
| |
|
**
|
=
|
A maximum of 25% of the lot shall be used for outdoor storage,
which shall be screened by buildings and/or landscaping from view
of streets.
| |
|
***
|
=
|
Drive-through service is prohibited.
| |
|
P
|
=
|
Permitted by right use (zoning decision by Zoning Officer).
| |
|
SE
|
=
|
Special exception use (zoning decision by Zoning Hearing Board).
| |
|
C
|
=
|
Conditional use (zoning decision by Borough Council).
| |
|
N
|
=
|
Not permitted.
| |
|
(§ 250-34)
|
=
|
See additional requirements in § 250-34.
| |
|
(§ 250-35)
|
=
|
See additional requirements in § 250-35.
| |
|
Types of Uses
|
Zoning Districts
| ||||
|---|---|---|---|---|---|
|
(See definitions in Article II.)
|
C-N
|
C-G
|
I-C
| ||
|
Residential Uses
| |||||
|
Single-family detached dwelling (NOTE: Manufactured/mobile homes shall meet the additional requirements of § 250-34.)
|
P
|
P
|
N
| ||
|
Semidetached dwelling (side-by-side)
|
P
|
N
|
N
| ||
|
Single-family attached dwelling (townhouse) (§ 250-34)
|
P
|
N
|
N
| ||
|
Apartments (§ 250-34), other than conversions of an existing building, which may include a two-family dwelling with 1 dwelling unit above another dwelling unit
|
P*
|
N
|
N
| ||
|
Boardinghouse (includes rooming house) (§ 250-34)
|
N
|
SE
|
N
| ||
|
Manufactured/mobile home park (§ 250-34)
|
N
|
N
|
SE
| ||
|
Group home within a lawful existing dwelling unit (§ 250-34), not including a treatment center
|
P
|
P
|
P
| ||
|
Conversion of an existing building to result in an increased
number of dwelling units (See also "unit for care of relative" under
"Accessory Uses.")
|
P*
|
N
|
N
| ||
|
Commercial Uses
| |||||
|
Adult use (§ 250-34)
|
N
|
N
|
C
| ||
|
After-hours club, to the extent the use is not prohibited by
State Act 219 of 1990[1]
|
N
|
N
|
C
| ||
|
Airport (§ 250-34) (See also "heliport.")
|
N
|
N
|
N
| ||
|
Amusement arcade
|
P
|
P
|
N
| ||
|
Amusement park or water park
|
N
|
N
|
P
| ||
|
Animal cemetery (§ 250-34)
|
N
|
P
|
P
| ||
|
Auditorium (commercial), arena, performing arts center or exhibition/trade
show center
|
N
|
N
|
P
| ||
|
Auto repair garage or auto service station (§ 250-34)
|
N
|
SE
|
SE
| ||
|
Auto, boat or mobile/manufactured home sales (§ 250-34)
|
N
|
SE
|
SE
| ||
|
Bakery, retail
|
P
|
P
|
P
| ||
|
Bed-and-breakfast inn (§ 250-34)
|
P
|
P
|
P
| ||
|
Betting use, in compliance with state law
|
N
|
N
|
C
| ||
|
Beverage distributor (wholesale and/or retail)
|
P
|
P
|
P
| ||
|
Bus maintenance or storage yard
|
N
|
N
|
P
| ||
|
BYOB club
|
N
|
N
|
SE
| ||
|
Camp (§ 250-34), other than recreational vehicle campground
|
N
|
N
|
P
| ||
|
Campground, recreational vehicle (§ 250-34), which may include an accessory camp store that is primarily for use by campers
|
N
|
SE
|
SE
| ||
|
Car wash (§ 250-34)
|
N
|
P
|
P
| ||
|
Catering, custom, for off-site consumption
|
P
|
P
|
P
| ||
|
Communications tower/antenna, commercial (§ 250-34):
| |||||
|
Meeting § 250-34A(15)(b) pertaining to antenna placed on certain existing structures
|
P
|
P
|
P
| ||
|
Antenna/tower that does not meet § 250-34A(15)(b) (such as freestanding towers)
|
N
|
N
|
SE
| ||
|
NOTE: § 250-34A(15) also allows towers serving emergency services stations.
| |||||
|
Conference center
|
P
|
P
|
P
| ||
|
Construction company or tradesperson's headquarters (including but not limited to landscaping, building trades or janitorial contractor). See also as home occupation. Accessory outdoor storage shall be permitted, provided it meets the screening requirements of § 250-62
|
SE**
|
P
|
P
| ||
|
Crafts or artisan's studio (See also as home occupation.)
|
P
|
P
|
P
| ||
|
Custom printing, copying, faxing, mailing or courier service
and similar services to businesses
|
P
|
P
|
P
| ||
|
Exercise club
|
P
|
P
|
P
| ||
|
P
|
P
|
P
| |||
|
Flea market/auction house
|
P
|
P
|
P
| ||
|
Funeral home (§ 250-34)
|
P
|
P
|
P
| ||
|
Garden center, retail (See also "wholesale greenhouses.")
|
P
|
P
|
P
| ||
|
Gas station (See "auto service station.")
| |||||
|
Heliport (§ 250-34)
|
N
|
N
|
SE
| ||
|
Hotel or motel (§ 250-34)
|
P
|
P
|
P
| ||
|
Kennel (§ 250-34)
|
N
|
N
|
SE
| ||
|
Laundromat
|
P
|
P
|
P
| ||
|
Laundry, commercial or industrial
|
N
|
P
|
P
| ||
|
Lumberyard
|
N
|
P
|
P
| ||
|
Motor vehicle racetrack (§ 250-34)
|
N
|
N
|
N
| ||
|
Nightclub (§ 250-34)
|
N
|
N
|
N
| ||
|
Office (may include medical labs) (See also as home occupation.)
|
P
|
P
|
P
| ||
|
Pawnshop
|
N
|
N
|
SE
| ||
|
Personal services (includes tailoring, custom dressmaking, haircutting/styling,
travel agency, dry cleaning, shoe repair, certified massage therapy,
and closely similar uses) (See also as home occupation.)
|
P
|
P
|
P
| ||
|
Picnic grove, commercial (§ 250-34)
|
N
|
N
|
P
| ||
|
Plant nursery (other than a retail garden center)
|
P
|
P
|
P
| ||
|
Propane retail distributor, other than prepackaged sales, with
a one-hundred-fifty-foot minimum setback required between any storage
or dispensing facilities and any residential district, and with Fire
Company review
|
N
|
N
|
SE
| ||
|
Recording studio, music
|
P
|
P
|
P
| ||
|
SE
|
P
|
P
| |||
|
Recreation, commercial outdoor, including miniature golf course, golf driving range, archery, paintball and closely similar uses, other than uses listed separately in this § 250-28
|
N
|
SE
|
P
| ||
|
Repair service, household appliance
|
P
|
P
|
P
| ||
|
Restaurant or banquet hall (§ 250-34):
| |||||
|
With drive-through service (§ 250-35)
|
N
|
P
|
P
| ||
|
Without drive-through service
|
P
|
P
|
P
| ||
|
Retail store (not including uses listed individually in this § 250-28) or shopping center
|
P
|
P
|
P
| ||
|
Retail store selling fireworks as its principal use
|
N
|
N
|
C
| ||
|
Self-storage development
|
N
|
P
|
P
| ||
|
Target range, firearms:
| |||||
|
Completely indoor and enclosed
|
N
|
P
|
P
| ||
|
Other than above (§ 250-34)
|
N
|
N
|
N
| ||
|
Tattoo or body-piercing establishment (other than temporary
tattoos or ear piercing, which are personal service uses)
|
N
|
SE
|
SE
| ||
|
Tavern or state-licensed microbrewery (other than an after-hours
club or nightclub)
|
N
|
N
|
N
| ||
|
Theater, indoor movie, other than an adult use
|
P
|
P
|
P
| ||
|
Trade/hobby school
|
P
|
P
|
P
| ||
|
Veterinarian office (§ 250-34)
|
P
|
P
|
P
| ||
|
Wholesale sales (See under "Industrial Uses.")
| |||||
|
Institutional/Semipublic Uses
| |||||
|
Cemetery (See "crematorium," listed separately.)
|
P
|
P
|
P
| ||
|
College or university, educational and support buildings (other
than environmental education center)
|
P
|
P
|
P
| ||
|
Community recreation center (limited to a government-sponsored
or nonprofit facility) or library
|
P
|
P
|
P
| ||
|
Crematorium
|
N
|
N
|
SE
| ||
|
Cultural center or museum
|
P
|
P
|
P
| ||
|
Day-care center, adult (§ 250-34)
|
P
|
P
|
P
| ||
|
Day-care center, child (§ 250-34) (See also as an accessory use.)
|
P
|
P
|
P
| ||
|
Dormitory as accessory to a college or university and owned
by the college or university
|
N
|
SE
|
N
| ||
|
Emergency services station
|
P
|
P
|
P
| ||
|
Hospital or surgery center
|
N
|
SE
|
P
| ||
|
Membership club meeting and noncommercial recreational facilities, provided that an after-hours club, tavern or uses listed separately in this § 250-28 shall only be allowed if so listed in this table and if the requirements for that use are also met
|
P
|
P
|
P
| ||
|
Nursing home or personal care home/assisted living (§ 250-34)
|
P
|
P
|
P
| ||
|
Place of worship (§ 250-34) (includes church)
|
P
|
P
|
P
| ||
|
School, public or private, primary or secondary (§ 250-34)
|
P
|
P
|
P
| ||
|
Treatment center for methadone, which shall be set back a minimum
of 200 feet from any dwelling
|
N
|
N
|
SE
| ||
|
Treatment center (§ 250-34)
|
N
|
N
|
SE
| ||
|
Public/Semipublic
| |||||
|
Borough government uses, other than uses listed separately in this § 250-28
|
P
|
P
|
P
| ||
|
Government facility, other than uses listed separately in this § 250-28
|
SE
|
SE
|
SE
| ||
|
Prison or similar correctional institution
|
N
|
N
|
SE
| ||
|
Publicly owned or operated recreation park
|
P
|
P
|
P
| ||
|
SE
|
SE
|
SE
| |||
|
Swimming pool, nonhousehold (§ 250-34)
|
P
|
P
|
P
| ||
|
United States Postal Service facility, which may include a leased
facility
|
P
|
P
|
P
| ||
|
Industrial Uses
| |||||
|
Asphalt plant
|
N
|
N
|
SE
| ||
|
Assembly or finishing of products using materials produced elsewhere
(such as products from plastics manufactured off site)
|
N
|
N
|
P
| ||
|
Building supplies and building materials, wholesale sales of[2]
|
N
|
P
|
P
| ||
|
Distribution as a principal use (other than trucking company
terminal)
|
N
|
N
|
P
| ||
|
Industrial equipment sales, rental and service, other than vehicles
primarily intended to be operated on public streets
|
N
|
N
|
P
| ||
|
Junk, outdoor storage, display or processing of, other than
within an approved junkyard or solid waste disposal area
|
N
|
N
|
N
| ||
|
Junkyard (§ 250-34)
|
N
|
N
|
SE
| ||
|
Liquid fuel storage, bulk, for off-site distribution, which
shall require a one-hundred-fifty-foot setback from a residential
district and review by the Fire Company of any proposed facilities,
other than auto service station, retail propane distributor as listed
separately, prepackaged sales or fuel tanks for company vehicles
|
N
|
N
|
SE
| ||
|
Manufacture and/or bulk processing of the following, provided
manufacturing occurs only indoors:
| |||||
|
Agricultural chemicals, fertilizers or pesticides
|
N
|
N
|
SE
| ||
|
Apparel, textiles, shoes and apparel accessories (See also "crafts
studio.")
|
N
|
N
|
P
| ||
|
Cement manufacture
|
N
|
N
|
SE
| ||
|
Ceramics products (other than crafts studio)
|
N
|
N
|
P
| ||
|
Chemicals, manufacture or bulk processing of, other than pharmaceuticals
and types listed separately
|
N
|
N
|
SE
| ||
|
Clay, brick, tile and refractory products
|
N
|
N
|
P
| ||
|
Computers and electronic and microelectronic products
|
N
|
N
|
P
| ||
|
Concrete, cement, lime and gypsum products, other than actual
manufacture of cement
|
N
|
N
|
SE
| ||
|
Electrical equipment, appliances and components
|
N
|
N
|
P
| ||
|
Explosives, fireworks or ammunition
|
N
|
N
|
N
| ||
|
Fabricated metal products (except explosives, fireworks or ammunition)
and/or machine shops
|
N
|
N
|
P
| ||
|
Food (human) and beverage products, at an industrial scale as
opposed to a clearly retail scale
|
N
|
N
|
P
| ||
|
Food products for animals
|
N
|
N
|
SE
| ||
|
Gaskets
|
N
|
N
|
P
| ||
|
Glass and glass products (other than crafts studio)
|
N
|
N
|
P
| ||
|
Incineration, reduction, distillation, storage or dumping of
slaughterhouse refuse, rancid fats, garbage, dead animals or offal
(other than within an approved solid waste facility)
|
N
|
N
|
N
| ||
|
Jewelry and silverware
|
N
|
N
|
P
| ||
|
Leather and allied products (other than crafts studio or tannery)
|
N
|
N
|
P
| ||
|
Machinery
|
N
|
N
|
P
| ||
|
Manufactured or modular housing manufacture
|
N
|
N
|
P
| ||
|
Medical equipment and supplies
|
N
|
N
|
P
| ||
|
Metal products, primary
|
N
|
N
|
SE
| ||
|
Mineral products, nonmetallic (other than mineral extraction)
|
N
|
N
|
SE
| ||
|
Paper and paper products (including recycling, but not including
manufacture of raw paper pulp)
|
N
|
N
|
P
| ||
|
Paper (raw pulp)
|
N
|
N
|
SE
| ||
|
Paving materials, other than bulk manufacture of asphalt
|
N
|
N
|
SE
| ||
|
Pharmaceuticals and medicines
|
N
|
N
|
P
| ||
|
Plastics, polymers, resins, vinyl, coatings, cleaning compounds,
soaps, adhesives, sealants, printing ink or photographic film
|
N
|
N
|
SE
| ||
|
Products from previously manufactured materials, such as glass,
leather, plastics, cellophane, textiles, rubber or synthetic rubber
|
N
|
N
|
P
| ||
|
Prototypes (See "manufacture, custom" above.)
| |||||
|
Roofing materials and asphalt-saturated materials or natural
or synthetic rubber
|
N
|
N
|
SE
| ||
|
Scientific, electronic and other precision instruments
|
N
|
N
|
P
| ||
|
Sporting goods, toys, games, musical instruments or signs
|
N
|
P
|
P
| ||
|
Transportation equipment
|
N
|
N
|
P
| ||
|
Wood products and furniture (not including raw paper pulp)
|
N
|
P
|
P
| ||
|
See § 250-8 for uses that are not listed.
| |||||
|
Mineral extraction (§ 250-34) and related processing, stockpiling and storage of materials removed from the site
|
N
|
N
|
C
| ||
|
Packaging
|
N
|
P
|
P
| ||
|
Package delivery services distribution center
|
N
|
P
|
P
| ||
|
Petroleum refining
|
N
|
N
|
SE
| ||
|
Photo processing, bulk
|
P
|
P
|
P
| ||
|
Printing or bookbinding
|
N
|
P
|
P
| ||
|
Recycling center, bulk processing, provided all operations of
an industrial scale occur within an enclosed building (This use does
not include a solid waste disposal or transfer facility.)
|
N
|
N
|
P
| ||
|
Research and development, engineering or testing facility or
laboratory (other than a medical laboratory, which is considered an
office use)
|
N
|
N
|
P
| ||
|
Sawmill/planing mill
|
N
|
N
|
SE
| ||
|
Slaughterhouse, stockyard or tannery, with a four-hundred-foot
minimum setback from all lot lines
|
N
|
N
|
SE
| ||
|
Solid waste landfill (§ 250-34)
|
N
|
N
|
N
| ||
|
Solid waste transfer facility or waste-to-energy facility (§ 250-34)
|
N
|
N
|
SE
| ||
|
Trucking company terminal (§ 250-34)
|
N
|
N
|
SE
| ||
|
Warehousing or storage as a principal use
|
N
|
N
|
P
| ||
|
Warehousing or storage as an on-site accessory use
|
P
|
P
|
P
| ||
|
Welding
|
N
|
N
|
P
| ||
|
Wholesale sales (other than motor vehicles)
|
N
|
SE
|
P
| ||
|
Accessory Uses
| |||||
|
Composting, other than leaves, tree bark or materials generated
on site which are permitted by right
|
N
|
N
|
SE
| ||
|
Day-care center accessory to and on the same lot as an existing
lawful place of worship
|
P
|
P
|
P
| ||
|
Day care (§ 250-35) as accessory to an existing dwelling:
| |||||
|
Day care of a maximum of 4 adults or youth, in addition to relatives
of the caregiver
|
P
|
P
|
P
| ||
|
Group day-care home
|
P
|
P
|
P
| ||
|
Family day-care home
|
P
|
P
|
P
| ||
|
Home occupation, major (§ 250-35)
|
P
|
P
|
P
| ||
|
Home occupation, minor (§ 250-35)
|
P
|
P
|
P
| ||
|
P**
|
P
|
P
| |||
|
Temporary retail sales (See § 250-6G.)
|
P
|
P
|
P
| ||
|
Unit for care of relative (§ 250-35)
|
P
|
P
|
P
| ||
|
Miscellaneous Uses
| |||||
|
Crop farming and wholesale greenhouses
|
P
|
P
|
P
| ||
|
Livestock or poultry, raising of (§ 250-34)
|
N
|
SE
|
P
| ||
|
Nature preserve or environmental education center
|
P
|
P
|
P
| ||
|
Parking lot or structure as an accessory use
|
P
|
P
|
P
| ||
|
Parking lot or structure as a principal use that does not primarily
serve tractor-trailer trucks or trailers
|
P
|
P
|
P
| ||
|
Parking lot or structure as a principal use that primarily serves
tractor-trailer trucks or trailers
|
N
|
N
|
SE
| ||
|
Parking lot for carpooling
|
P
|
P
|
P
| ||
|
Sewage pump stations
|
P
|
P
|
P
| ||
|
Sewage treatment plant
|
N
|
N
|
SE
| ||
|
Stable, nonhousehold (§ 250-34) (includes horse-riding academy)
|
N
|
P
|
P
| ||
|
Timber harvesting (§ 250-34)
|
P
|
P
|
P
| ||
|
Windmill:
| |||||
|
Maximum of 1 on a lot, which shall be designed primarily for
on-site electricity use and which shall be required to have a setback
equal to the total height from all lot lines, except that if placed
above a building, only the height of the pole and windmill needs to
be set back from lot lines
|
P
|
P
|
P
| ||
|
One or more windmills, other than above
|
N
|
N
|
SE
| ||
|
All uses that will be unable to comply with the performance standards of this chapter (See the environmental protection requirements of Article V.)
|
N
|
N
|
N
| ||
E.
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 § 250-35 and all other requirements of this chapter:
(1)
Standard antennas, including antennas used by contractors to communicate
with their own vehicles.*
(2)
Fence* or wall.*
(3)
Garage, household.
(4)
Garage sale.*
(5)
Keeping of pets.*
(6)
Parking or loading, off-street, only to serve a use that is permitted
in that district.
(7)
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.
(10)
Swimming pool, household.*
(11)
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.
F.
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.
The following area, yard and building requirements shall apply for the specified zoning district, unless a more restrictive requirement for a specific use is required by § 250-34 or 250-35 or another section of this chapter. All measurements shall be in feet unless otherwise stated. See definitions of terms (such as "lot width") in § 250-22. The following lot sizes are based upon each dwelling unit and principal building being served by public sewage service. If a dwelling unit or principal building is not served by public sewage service, then a one-acre minimum lot size shall be required for each dwelling unit or principal building, unless a more restrictive requirement is provided by another provision.
|
Zoning District: Type of Use
|
Min. Lot Area (square feet)
(Note E)
|
Min. Lot Width Measured at Min. Building Setback
Line
(feet)
|
Min. Front Setback
(feet)
(Note D)
|
Min. Rear Setback
(feet)**
|
Min. Side Setback** (each)
(feet)
|
Maximum Percent Building Coverage
(Note F)
|
Maximum Percent Impervious Coverage
(Note F)
|
|---|---|---|---|---|---|---|---|
|
1. R-1 Low-Density Residential District:
| |||||||
|
a) Single-family detached dwelling
|
a) 9,000
|
a) 70
|
All uses: 25
|
All uses: 25
|
a) 10 each, except 8 each for lots that were created
prior to January 1, 2000
|
40% for all uses
|
50% for all uses
|
|
b) Open space development: The regulations of § 250-31 shall apply.
| |||||||
|
c) Other allowed principal use
See also the steep slope provisions in § 250-30.
|
c) 15,000
|
c) 90
|
c) 15 each
| ||||
|
2. R-2 Medium-Density Residential District:
| |||||||
|
a) Single-family detached dwelling
|
a) 2,500
|
a) 25 (Note B)
|
All uses: 10
|
All uses: 25
|
a) 3 (Note G)
|
All uses: 60%
|
All uses: 70%
|
|
b) Semidetached dwelling unit
|
b) and c) Minimum average lot area of 2,000 per dwelling
unit for the tract (Note C)
|
b) 20 per dwelling unit (Note B)
|
b) 3 (Note G)
| ||||
|
c) Single-family attached dwelling
|
c) 20 per interior dwelling unit, and 25 for unit on
a corner lot (Note B)
|
c) 3 (Note G), except 0 at the shared lot line of lawfully
attached dwellings
| |||||
|
d) Two-family detached dwelling or other apartment
dwellings, provided that any lot that includes 4 or more apartment
dwelling units shall require a minimum lot area of 15,000 square feet
|
d) Minimum average lot area of 2,000 per dwelling unit
for the tract (Note C) (Note H)
|
d) 60 (Note B)
|
d) 15
| ||||
|
e) Other allowed principal use
Note B shall apply, at the end of this table.
|
e) 10,000
|
e) 60
|
e) 15
| ||||
|
3. C-G General Commercial District:
| |||||||
|
a) Allowed residential uses: The requirements of the
R-1 District shall apply instead of the requirements of the C-G District.
|
60% for all uses
|
90% for all uses
| |||||
|
b) Other allowed uses
|
b) 4,000
|
b) 40
|
b) 10, except 40 if any parking is provided between
the front lot line and the principal building
|
b) 25 (Note A)
|
b) 10 (Note A)
| ||
|
4. C-N Neighborhood Commercial District:
| |||||||
|
a) Allowed residential uses: The requirements of the
R-2 District shall apply instead of the requirements of the C-N District.
|
90% for all uses
|
95% for all uses
| |||||
|
b) Other allowed uses
See also the Historic Overlay District provisions in § 250-32
|
b) 1,500
|
b) 15
|
b) 0. No new vehicle parking shall be located between
the front lot line and the front of a principal building
|
b) 15
|
b) 3
| ||
|
5. I-C Industrial Commercial District:
| |||||||
|
a) Manufactured home parks shall meet the requirements for such use as stated in § 250-34.
|
60% for all uses
|
80% for all uses
| |||||
|
b) Other allowed use
|
b) 10,000
|
b) 50
|
b) 10, except 20 feet if a residential district is
across the street
|
b) 20 (Note A)
|
b) 15 (Note A)
|
|
NOTES:
| |||
|---|---|---|---|
|
Corner lot setbacks: See § 250-62B.
| |||
|
**
|
=
|
The following exceptions shall apply:
| |
|
•
|
For accessory structures and uses, see § 250-29C below.
| ||
|
•
|
Structures shall not obstruct minimum sight clearance
at intersections.
| ||
|
•
|
See § 250-62B pertaining to corner lots.
| ||
|
•
|
See § 250-64 regarding extension of nonconforming setbacks.
| ||
|
•
|
See § 250-62 regarding permitted reductions in setbacks to reflect average setbacks of adjacent buildings.
| ||
|
(Note A)
|
=
|
Except twenty-foot side and thirty-foot rear minimum
setback for a principal business from a lot in a residential district
that is occupied by a principal dwelling. Such side or rear setback
shall be increased to 70 feet for any building area or land area used
for manufacturing or a tractor-trailer truck loading dock from such
a lot.
| |
|
(Note B)
|
=
|
If an existing rear or side alley is available or could
be feasibly extended, it shall be used for access to parking spaces
for the lot instead of a front yard driveway. If two or more side-by-side
off-street parking spaces are located in the front yard of a single-family
attached dwelling or if garage door(s) for two or more vehicles faces
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% of the land area between
the front of each single-family attached dwelling or semidetached
dwelling and the street right-of-way line shall be used for vehicle
parking and driveways.
| |
|
(Note C)
|
=
|
The average density is based upon gross acreage. The
average density provisions are intended to allow flexibility in the
placement of individual dwelling units, regardless of whether the
homes are condominium or fee simple, and regardless of whether public
streets, private streets or parking courts are used. No minimum lot
area applies for each individual dwelling unit, provided that the
overall density requirements are met. Each semidetached dwelling and
single-family attached dwelling unit shall still be able to meet the
minimum front, side yard and rear setback and lot width as if each
dwelling was on its own fee simple lot.
| |
|
•
|
The minimum average lot area per dwelling unit establishes
the maximum number of units permitted on a tract of land. The total
lot area of the tract prior to development is used. The area occupied
by an existing street right-of-way of existing streets and alleys
is then deleted. The following areas are not required to be deleted
from the lot area: right-of-way of proposed streets and alleys and
areas of parking courts, common open space and stormwater detention
basins. The resulting lot area is then divided by the average lot
area per dwelling unit to result in the maximum number of dwelling
units allowed on the tract.
| ||
|
•
|
See also the applicable standards in § 250-34, which may require common open space for single-family attached dwellings and apartments.
| ||
|
(Note D)
|
=
|
Setbacks shall be measured from the existing street right-of-way. 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. See also the maximum building setback in § 250-29E.
| |
|
(Note E)
|
=
| ||
|
(Note F)
|
=
|
For single-family attached dwellings and semidetached
dwellings, the maximum building and impervious coverage requirements
may be met as an average across a tract after development, as opposed
to regulating each individual lot.
| |
|
(Note G)
|
=
|
However, in no case shall a new or expanded principal
building be allowed to have a separation distance of less than six
feet from the nearest enclosed principal building wall on another
lot.
| |
|
(Note H)
|
=
|
The minimum average lot area per apartment dwelling
shall be reduced to 1,500 square feet if a lot will include six or
more dwelling units, and each dwelling unit will be restricted to
occupancy by at least one person age 62 or older or a person with
physical disabilities, and there is no occupancy by any person under
age 18 years old.
| |
|
Abbreviations: min. = minimum; max. = maximum
| |||
B.
Height. Except as provided in § 250-61, or as specified otherwise in this chapter for a particular use, the following maximum structure height shall apply in all zoning districts:
(1)
Any structure that is accessory to a dwelling on a lot of less than
one acre shall have a maximum height of 20 feet and shall not include
more than one story.
(2)
If a building is accessory to a nonresidential use, it shall have
a maximum height of 25 feet, unless it meets the minimum setbacks
for a principal building, in which case the maximum height for a principal
building shall apply.
(3)
In the C-N, C-G and I-C Districts, a maximum building height of 50
feet shall apply.
(4)
The maximum height for any other structure shall be three stories
or 40 feet, whichever is more restrictive.
C.
Accessory structures and uses.
(2)
The minimum side and rear setback for a permitted detached structure
that is accessory to a dwelling shall be five feet, except in the
following cases:
(a)
The minimum side setback shall be reduced to three feet on each
side and the rear for a residential accessory building that does not
include a dwelling and that has a total floor area of 144 square feet
or less, and a maximum height of one story.
(b)
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 semidetached dwellings). However, such
structure shall still meet the minimum side setback on a lot line
where the dwellings are not attached.
(c)
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)
No accessory building and no swimming pool shall be allowed in the
minimum front setback area.
D.
Rear landscaping abutting a street. If a new principal building is
constructed with its rear lot line abutting a public street, 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.
E.
Maximum building setback. In the R-2 or C-N District, where a clear
majority of the existing principal buildings on the same side of a
block are already developed with buildings, and where the Zoning Officer
determines that there is a predominant front setback along such block,
then, if a new principal building is proposed, the front building
wall of such new building shall have a maximum front building setback
that is not more than five feet larger than such predominant front
setback. The maximum front setback may be met with an attached front
porch or a building wall.
A.
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.
B.
Wetland and lake setbacks. A minimum setback of 20 feet shall be
required between any new principal building for which a building permit
is issued after the effective date of this chapter and any wetland
or natural lake or pond.
C.
Steep slopes.
(1)
A principal building shall not be constructed or placed on any area
with a natural slope of 25% or greater. A "natural slope" is a slope
that was not man-made.
(2)
If a new principal building is proposed to be constructed on land
area involving 500 or more square feet with natural slopes of 15%
to 25%, then a minimum lot size of 30,000 square feet shall be required,
unless a more restrictive requirement applies under another section.
(3)
Land shall not be regraded prior to seeking development approval in a manner that seeks to circumvent the requirements of this § 250-30C.
(4)
A residential lot shall not be regraded to result in slopes greater
than 3:1. A residential lot shall not be regraded to result in slopes
greater than 25% located within 10 feet from a door of the dwelling.
D.
Setback from creeks. No new principal building, no new off-street
parking space and no new commercial or industrial outdoor storage
shall be allowed within 75 feet from the center line of a perennial
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.
A.
Purposes.
(1)
The purpose of this § 250-31 is to allow flexible development of areas with sensitive natural features in such a way as to:
(a)
Avoid severe soil erosion and sedimentation;
(b)
Avoid severely increased stormwater flows and speeds;
(c)
Steer development to those areas that are more physically suited
for it;
(d)
Avoid construction of steep roads that are difficult, time-consuming,
and expensive to maintain and snow plow;
(e)
Avoid increased use of steep roads and driveways that are dangerous
to drive upon in snow and ice;
(f)
Conserve forested areas that are an important part of the ecological
cycle, providing for groundwater recharge, air pollution reduction
and wildlife habitats; and
(g)
Reduce construction costs while allowing each property owner a reasonable
use of their land, related directly to the natural features and location
and accessibility of the land.
(2)
In
most cases, this option will encourage the preservation of significant
areas of preserved open space.
B.
Applicability. This article allows an applicant the option to reduce the minimum lot areas on tracts of land if the applicant proves, to the satisfaction of the Borough, that all of the requirements of this § 250-31 will be complied with.
(1)
The term "open space development" shall mean a residential development meeting the requirements of this § 250-31 and which is approved as provided in § 250-28.
(a)
Uses. An open space development shall only include single-family
detached dwellings, semidetached dwellings, single-family attached
dwellings, nature preserves, Borough-owned recreation, a golf course
and their customary permitted accessory uses.
(b)
A mobile/manufactured home park shall not qualify as an open
space development.
(2)
A tract may be eligible for approval for an open space development
if it includes a minimum of two acres of land area in common ownership.
Such land area shall be contiguous, except that portions of the tract
may be separated by existing or proposed streets or creeks.
(a)
These provisions are intended to allow flexibility in the placement
of individual dwelling units, in order to locate homes away from important
natural areas and other community assets.
(b)
Areas that were preserved by a conservation or agricultural
preservation easement prior to the submittal of the subdivision shall
not be counted towards the area of the tract in calculating common
open space or allowed density.
(c)
Areas used for a principal nonresidential use (other than uses
approved by the Borough to be part of the preserved open space, such
as a recreation building) shall not be included within the land area
used to calculate residential density.
(d)
Conservation easements shall be established on lots as necessary
to ensure that the maximum density requirement is met over time. Such
conservation easements shall prevent the resubdivision of lots in
a manner that would violate this section.
(3)
An open space development shall be designed as a unified, coordinated
residential development and shall be approved within a development
plan controlled by a single development entity. After final subdivision
approval and within an approved development agreement(s), a developer
may sell individual lots to different builders or home buyers, provided
that the developer or his/her successor remains responsible for ensuring
the compliance with the approved development plan.
C.
Density, open space and lot standards.
(1)
An open space development shall only be allowed in the R-1 District
and shall need conditional use approval by the Borough Council. For
single-family detached dwellings, the minimum lot area may be reduced
to 7,500 square feet and the minimum lot width to 60 feet. For semidetached
dwellings, the minimum lot area shall be 4,000 square feet per dwelling
unit, and the minimum lot width shall be 40 feet. For single-family
attached dwellings, the minimum lot area shall be 2,200 square feet,
and the minimum dwelling unit width shall be 22 feet. The development
may be designed in a condominium arrangement, provided that the applicant
shows that the dimensional requirements could have been met if the
development had consisted of fee simple lots.
(2)
If an open space development does not include semidetached dwellings
or single-family attached dwellings, a minimum of 25% of the total
lot area of the tract (prior to subdivision) shall be preserved as
common open space. If the development includes semidetached dwellings
or single-family attached dwellings, such minimum common open space
shall be increased to 50% of the tract. The majority of the required
common open space shall be in one contiguous tract, except that it
may be separated by one street. The amount of the tract shall be calculated
prior to deletion of rights-of-way of future streets and before deleting
the area of any environmental features.
(3)
Each dwelling shall be served by public sewage and public water service.
(4)
The minimum side setback may be reduced to eight feet per side, and
the maximum impervious coverage may be increased to 60%.
D.
Conditions for approval. In addition to the specific requirements
of this section, an open space development shall only be approved
if the applicant proves, to the satisfaction of the Borough Council,
based upon review by the Planning Commission, that the following conditions
will be met:
(1)
That the open space development would clearly serve a valid public
purpose that would result in a development that would be superior
to what would result if the land would be developed as a conventional
development. Such valid public purposes include but are not limited
to the following:
(a)
The permanent preservation of dense forests, steep slopes, wetlands,
creek valleys, highly scenic areas or other sensitive natural features.
(b)
The dedication of public parkland at a site deemed appropriate
by the Borough Council and that involves land that is clearly suitable
for active and/or passive recreation.
(2)
The applicant shall prove that the proposed open space development
has been designed in full consideration of important natural features,
including mature woodlands, creek valleys, steep slopes and wetlands.
E.
Open space.
(1)
Open space. Land within an open space development may be permanently preserved as public, semipublic or private common open space. See definition in § 250-22 of "open space, preserved or common."
(2)
Open space standards. Any preserved open spaces shall meet all of
the following requirements:
(a)
Such open space shall be permanently deed-restricted or protected
by an appropriate conservation easement to prevent the construction
of buildings or the use for any nonagricultural commercial purposes
or the use of the land for clear-cut forestry. Land approved as required
open space shall only be used for noncommercial active or passive
recreation, a Christmas tree farm, a golf course, a nature preserve,
a wholesale plant nursery and/or Borough-approved agricultural uses.
(b)
See the recreation land dedication or recreation fee requirements that may apply under Chapter 215, Subdivision and Land Development. A portion of the common open space may be used to meet those recreation requirements, if those requirements are met.
(c)
The Borough may require the use of conservation easements within
an open space development to limit the disturbance of natural slopes
over 15%, wetlands, mature forests, creek valleys and other important
natural features.
(d)
Improvements to open spaces. Where open space is proposed to
be used for recreation and/or dedicated to the Borough, the application
shall include a detailed and legally binding (if approved) description
of what improvements the applicant will make to any land intended
to be publicly dedicated open space to make it suitable for its intended
purpose.
[1]
Examples of such improvements for areas intended for passive
recreation include preservation and planting of trees, development
of nature, bicycle or jogging trails, the stabilization of creek banks
and the removal of undesirable vegetation.
[2]
Examples of such improvements for areas intended for active
recreation include rough grading of land to create land suitable for
free-play fields for youth.
(e)
All proposed preserved open space shall be cleared of construction
debris, materials from illegal dumping and any rocks that were not
naturally on the land, unless those rocks are incorporated into landscaping
improvements.
(f)
The applicant shall prove that all required open space would
be suitable for its intended and Borough-approved purposes. The Borough
may require the provision of a trail easement and/or the construction
of a trail through common open space. If a developer is required to
install a trail, it shall be completed prior to the final sale of
any adjacent residential lots.
(g)
Lots and open spaces shall be located to promote pedestrian
and visual access to preserved open spaces whenever possible. A nonmotorized
recreation trail shall be shown on the plans through common open space
and shall be built by the developer prior to the sale or construction
of any adjacent homes, unless the Borough Council determines that
a trail is not appropriate in the particular situation.
(3)
Open space ownership. The method(s) to be used to own, preserve and
maintain any preserved open space shall be acceptable to the Borough.
The Borough shall only approve an open space development if the applicant
proves there will be an acceptable method to ensure permanent ownership,
preservation and maintenance of land that will not be included in
individual home lots.
(a)
The method of ownership and use of any required preserved open
space shall be determined prior to preliminary subdivision or land
development approval. Required open space shall be permanently preserved
by one or a combination of the following methods:
[1]
Dedication to the Borough as public open space, if the Borough
Council agrees, in writing, to such dedication.
[2]
Dedication to the county as public open space, if the County
Commissioners agree, in writing, to such dedication.
[3]
Dedication to the school district, if such Board of Education
agrees, in writing, to accept such dedication and to use and maintain
the land for public school buildings and/or related open space.
[4]
Dedication to a homeowners' association as preserved open space,
with the homeowners legally bound to pay fees for the maintenance
and other expenses of owning such land, and with such homeowners'
association being incorporated with covenants and bylaws providing
for the filing of assessments and/or municipal liens for the nonpayment
of maintenance costs for preserved open space that is not publicly
owned.
[a]
Such responsibilities shall be specified as part
of each deed prior to sale of each lot or dwelling unit. The Borough
may delay a dedication of maintenance responsibilities by a developer
to a homeowners' association until such association is incorporated
and able to maintain such land.
[5]
Dedication of the land to an established nature conservation
organization acceptable to the Borough Council.
[6]
Dedication to the State Game Commission, State Fish and Boat
Commission or similar public agency, if such agency agrees, in writing,
in advance, to accept the dedication and to maintain the land for
public recreation.
[7]
Retention as part of one or more private lots, with an appropriate
Borough-approved conservation easement. This option [Subsection E(3)(a)(7)]
shall only be available in locations where the applicant proves to
the Borough Council that none of the above options are feasible or
appropriate. This option [Subsection E(3)(a)(7)] is primarily intended
for situations where less than two acres of common open space would
result (which may include a situation where only part of a tract is
being subdivided).
(b)
Legal documents providing for ownership and/or maintenance of
required preserved open space shall be reviewed by the Borough Solicitor
and be subject to approval by the Borough Council prior to recording
of the final plan.
(c)
A legally binding declaration, set of restrictions or other
document shall be established and recorded to provide for the oversight
and maintenance of land that will not be publicly owned that is in
compliance with state law, such as the State Uniform Planned Community
Act.[1] Proper notations shall be required on the recorded plan.
For example, if the preserved open space is intended to be owned by
a homeowners' association as recreation land, a statement should be
included that the designated open space "shall not be further subdivided
and shall not be used for the construction of any nonrecreation buildings."
[1]
Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.
F.
Steep slopes. Within an open space development, no principal building
shall be placed on slopes of over 25%. Development shall comply with
the steep slope requirements of this chapter, which may require a
larger lot.
G.
Phasing. The development shall include a phasing system that shall
be approved by the Borough Council. Such phases shall ensure that
the requirements of this article would be met after the completion
of any one phase, and that the development could properly function
without the construction of additional phases.
H.
Landscaping plan. An application for an open space development involving
over 20 acres shall include a landscape planting and preservation
plan prepared by a registered landscape architect.
(1)
Such plan shall show the locations, general species and initial sizes
of landscaping to be planted within the preserved open space and throughout
the tract.
(2)
Such plan shall also show that existing substantial healthy trees
will be preserved to the maximum extent reasonable. The methods to
ensure preservation during construction shall be described.
(3)
Landscaping shall also be used as appropriate to filter views of
denser housing from any adjacent housing that is less dense.
A.
Purposes. In addition to serving the overall purposes of this chapter,
this section is intended to:
(1)
Promote the retention of community character through preservation
of the local heritage by recognition and protection of historic and
architectural resources;
(2)
Establish a clear process to review and approve demolition of designated
historic buildings;
(3)
Encourage continued use, appropriate rehabilitation and adaptive
reuse of historic buildings;
(4)
Implement Sections 603(b) and (g), 604(1) and 605(2) of the Pennsylvania
Municipalities Planning Code,[1] 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;
[1]
Editor's Note: See 53 P.S. §§ 10603(b) and
(g), 10604(1) and 10605(2).
(5)
Strengthen the local economy by promoting heritage tourism, improving
property values and increasing investment in older buildings;
(6)
Utilize the traditional neighborhood development provisions of the
Pennsylvania Municipalities Planning Code; and
(7)
Carry out recommendations of the County Comprehensive Plan, including
recommendations to preserve historic buildings and community character.
B.
Applicability.
(1)
This § 250-32 shall apply to any principal building in the HD Historic Overlay District, except for buildings constructed after 1945.
(2)
For a building regulated by this § 250-32, all of the provisions of the applicable underlying zoning district shall also continue to apply, in addition to the provisions of this § 250-32. In the event there is a direct conflict between the provisions of § 250-32 and the underlying zoning district, the provision that is most restrictive upon development, demolition and uses shall apply.
C.
General provisions.
(1)
The HD Historic Overlay District is hereby made part of this chapter.
(4)
DEMOLITION
DEMOLITION BY NEGLECT
MAINTENANCE and REPAIR
STREETSCAPE
Definitions. In addition to the definitions provided in § 250-22, the following terms shall have the following meanings for the purposes of this § 250-32:
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 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.
Work that does not alter the appearance or harm the stability
of exterior features of a building.
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.
D.
Approval of demolition of historic buildings.
(1)
A building regulated by this § 250-32 shall not be demolished, in whole or in part, unless the applicant proves, by credible evidence, to the satisfaction of the Borough Council, as a conditional use, that one or more of the following conditions exist:
(a)
The existing building cannot feasibly and reasonably be reused
or is structurally unsound, and that such situation is not the result
of intentional neglect or demolition by neglect by the owner;
(b)
The denial of the demolition would result in unreasonable economic
hardship to the owner, and the hardship was not self-created;
(c)
The demolition is necessary to allow a project to occur that
will have substantial public or neighborhood benefits that would greatly
outweigh the loss of the historic building, 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;
(d)
The demolition will result in a new building that will be a
net improvement to the historic streetscape of the district, considering
the architectural design proposed of the new building; and/or
(e)
The building does not contribute to the historic character of
the historic district and the streetscape.
(2)
(3)
An application for partial or complete demolition of a building regulated by this § 250-32 shall not be approved unless all of the requirements of this § 250-32 have been met. A partial demolition shall include, but not be limited to, removal of an attached porch roof, removal of porch columns and removal of architectural features. See definition of "demolition" above.
(4)
A complete application for the demolition shall be submitted by the
applicant, in writing. This application shall include the following:
(a)
The name, address and daytime telephone number of the owner
of record and the applicant for the demolition.
(b)
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.
(c)
A site plan, drawn to scale, showing existing buildings and
the proposed demolition.
(d)
A written statement of the reasons for the demolition.
(e)
The proposed use of the site, and a proposed timeline for development
of that proposed use.
(f)
Salvage of building materials is strongly encouraged to preserve
historic features.
(5)
Procedures. 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.
(6)
Evidence. The applicant shall provide sufficient credible evidence
to justify any claims that a building cannot feasibly be repaired
or reused.
(7)
Emergency. The Zoning Officer may issue a permit for the demolition without compliance with this § 250-32 if the Construction Official/Building Inspector certifies, in writing, that the building represents a clear and immediate hazard to public safety, and that no other reasonable alternatives exist to demolition.
(8)
Exceptions. Conditional use approval shall not be needed for the
following:
(a)
Demolition of accessory structures that are not an integral
part of the principal building.
(b)
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 (not including an alley).
(c)
Removal of features that were added after 1945, such as a modern
porch or aluminum siding or carport.
(d)
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.
E.
Demolition by neglect (see definition above).
(1)
Every property owner of a building regulated by this § 250-32 shall repair and maintain the building to avoid demolition by neglect. The Zoning Officer or Construction Official/Building Inspector may require any unoccupied building shall be properly sealed and secured to prevent decay from the elements and vandalism.
(2)
Every property owner of a building regulated by this § 250-32 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, chimney, cornice, soffit, fascia, spouting, columns, beams, posts, windowsills, door sills and lintels.
