A.
Whenever, under this chapter, a use is neither specifically permitted nor denied, and an application is made by an applicant to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Borough Council to hear and decide such request as a conditional use. The Borough Council shall have the authority to permit the use or deny the use in accordance with the standards governing conditional use applications set forth in § 286-91 of this chapter. In addition, the use may only be permitted if:
B.
The burden of proof shall be upon the applicant to demonstrate that
the proposed use meets the foregoing criteria and would not be detrimental
to the health, safety and welfare of the neighborhood where it is
to be located.
All dwelling units, including single-family, two-family, and
multifamily units hereafter erected or created shall adhere to the
following requirements.
B.
Foundation requirements. Every dwelling unit shall be placed upon
and firmly anchored to a permanent foundation. Such foundation shall
consist of no less than masonry construction or footers set well below
the frost line, or other technique or methodology meeting the requirements
of the Pennsylvania Uniform Construction Code. In no case shall a
dwelling unit be placed or erected upon loose blocks, jacks or other
temporary materials.
C.
Gross floor area requirements. In the absence of more restrictive
codes, every single-family dwelling unit (whether attached or detached)
shall contain a minimum of 1,000 square feet of gross floor area.
All other dwelling units (including multifamily units, conversion
apartments, and accessory residential dwelling units) shall contain
a minimum of 800 square feet of gross floor area.
The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate a greater number of dwelling units or households may be permitted only within those zoning districts and as specified in Article III, District Regulations. Further, such conversions shall meet the requirements outlined below.
A.
The lot upon which a conversion apartment is situated shall meet
the minimum area requirements established for the district in which
it is located.
B.
Conversions may only be authorized for structures which were erected
prior to the adoption of this chapter. Conversions shall be limited
to one building or structure per lot.
C.
Conversions shall be limited to the number of dwelling units specified in Article III, District Regulations.
D.
All conversion dwelling units shall meet the gross floor area requirements set forth in § 286-26C of this chapter.
E.
No structural alterations designed to increase the ground floor dimensions
of the original structure shall be made in order to achieve the conversion,
except as may be necessary to assure adequate emergency egress is
provided or to improve handicapped accessibility.
F.
The yard, off-street parking, and other applicable requirements of
this chapter shall be met.
Single-family attached dwelling structures (i.e., townhouse structures) may be permitted only within those zoning districts and as specified in Article III, District Regulations. Every application for such a use shall meet the requirements outlined below as well as the standards set forth in Chapter 241, Subdivision and Land Development, of the Code of the Borough of Muncy. (Applications proposing to locate more than one single-family attached dwelling structure on a single tract of ground shall also meet the requirements of Subsection F below.)
A.
Minimum tract area and maximum density requirements.
(1)
The minimum gross area required for each tract containing a single-family attached dwelling structure shall be as specified in Article III, District Regulations. Single-family attached dwelling structures in the R-3 and C Zoning Districts shall contain no more than six dwelling units per structure, and may contain an unlimited number of dwelling units per structure in the R-4 Zoning District.
(2)
Where individual dwelling units of a single-family attached dwelling structure and the land on which the structure is located are proposed to be subdivided and conveyed as separate lots, the following dimensional requirements shall be met. In such cases, the applicant shall submit sufficient documentation along with his subdivision plans which demonstrates that satisfactory arrangements have been made regarding the ownership and maintenance of all common ground or open space not proposed for conveyance. [See also Subsection E(7) below.]
(3)
Where individual dwelling units of a single-family attached dwelling structure are proposed to be conveyed independently of any land area, the applicant shall demonstrate that all requirements of the Uniform Condominium Act will be met. [See also Subsection E(7) below.]
(4)
Where individual dwelling units of a single-family attached dwelling
structure are proposed to be subdivided, whether or not such subdivision
includes any land area, all dwelling units contained in the structure
shall be part of the proposed division.
B.
Minimum tract width requirements. The minimum width for each tract containing a single-family attached dwelling structure may vary with each individual application depending upon the number of dwelling units proposed in each structure. In no case, however, shall the overall width of the tract be less than the minimum established in Article III, District Regulations for the district in which the structure is to be located.
C.
Minimum yard requirements. The minimum yard requirements for each tract containing a single-family attached dwelling structure shall be as set forth in Article III, District Regulations.
D.
Gross floor area requirements. Each dwelling unit in the single-family attached dwelling structure shall meet the minimum gross floor area requirements set forth in § 286-26C of this chapter.
E.
Design standards. All single-family attached dwelling structures shall be designed in accordance with the standards set forth in Chapter 241, Subdivision and Land Development, of the Code of the Borough of Muncy. In addition, the following requirements shall apply:
(1)
Traffic access. Each single-family attached dwelling structure must access onto a public street or onto a private internal street. All new streets or access drives shall be designed and constructed in accordance with the road standards outlined in Chapter 241, Subdivision and Land Development.
(2)
Off-street parking facilities. A minimum of two off-street parking
spaces shall be provided for each dwelling unit contained in the single-family
attached dwelling structure. One additional off-street parking space
shall also be provided for every two dwelling units in the structure
for visitor parking.
(3)
Grading and landscaping. Where excavation or grading is proposed or where existing trees, shrubs or other vegetative cover is to be removed, plans shall be prepared by the developer and submitted to the Borough which illustrate what steps are to be taken to avoid soil erosion. Exposed ground surfaces shall be stabilized or otherwise protected with a vegetative cover. And, where adjacent to existing single-family detached dwellings or other incompatible land uses, buffer yards and/or screening as required by §§ 286-54 and 286-55 of this chapter shall be provided by the developer.
(4)
Drainage facilities. All plans for single-family attached dwelling
structures shall include topographic information for the site and
shall indicate what types of drainage or stormwater management facilities
will be installed to handle runoff produced by the new structure.
The plans shall also indicate where the drainage is to be ultimately
channeled.
(5)
Sewage and water facilities. Sewage treatment and water supply for
the development shall be provided via public or municipal facilities.
The developer shall be responsible for executing all appropriate agreements
between himself and the Borough regarding provision of these services.
(6)
Solid waste collection, storage and disposal. Arrangements for the
collection, storage and disposal of solid wastes generated by the
proposed development shall be made by the developer and submitted
to the Borough for approval as part of the plan submission process.
(7)
Common open space ownership and maintenance. The developer shall submit a plan to the Borough indicating the arrangements to be made for ultimate ownership of and maintenance responsibilities for any common open space/land area associated with the structure (including access drives and driveways). Such plans shall be submitted to the Borough for review and approval as part of the plan submission process. Where no conveyance of land area is proposed, the developer shall submit a copy of his plan for the maintenance of all common open space areas associated with the structure for the Borough's approval. Copies of all approved arrangements shall be included in each deed or lease for a unit in the structure. [See also Subsection F(5) below for open space requirements.]
F.
Building relationships. Where more than one single-family attached
dwelling structure is proposed for a single tract of ground, the following
standards shall apply to the relationship of the buildings:
(1)
Arrangement of buildings. Adequate provision must be made for light,
air, access and privacy in the arrangement of the buildings to each
other. Each dwelling unit shall have a minimum of two exterior exposures.
(2)
Emergency access. Building groups must be arranged so as to be readily
accessible by emergency vehicles.
(4)
Distance between buildings and driveways.
(a)
No driveway or parking lot shall be closer than 15 feet to the
front of any building, nor closer than 10 feet to the side or rear
of any building, except that space may be provided for loading and
unloading which is closer to the building it is intended to serve
than is herein provided.
(b)
In the case of an enclosed garage or carport provided as a portion
of the main structure, distance requirements for driveways providing
access to these accommodations shall not apply.
(5)
Open space.
(a)
Where more than one single-family attached dwelling structure
is proposed to be located on a single tract of ground, a minimum of
10% of the gross area of the development shall be reserved by the
developer as common open space for the use of all residents of the
complex. Such open space may include areas of land and water, but
shall exclude all roads, parking areas, structures, or service lanes.
This area shall also be easily accessible to all units.
(b)
Applicants for such developments shall submit a proposal regarding
the ultimate ownership and maintenance responsibilities for any common
open space areas to the Borough for review and approval as a part
of the plan submission process. Copies of all approved arrangements
shall be included in each deed or lease for a unit in such a development.
Multifamily dwelling structures (i.e., apartment buildings) may be permitted only within those zoning districts and as specified in Article III, District Regulations. Every application for such a use shall also meet the requirements outlined below as well as the standards set forth in Chapter 241, Subdivision and Land Development, of the Code of the Borough of Muncy. (Applications proposing to locate more than one multifamily dwelling structure on a single tract of ground shall also meet the requirements of § 286-28F above.)
A.
Minimum tract area and maximum density requirements. The minimum gross area required for each tract containing a multifamily dwelling structure shall be as specified in Article III, District Regulations. Multifamily dwelling structures located in the R-3 and C Zoning Districts shall contain no more than six dwelling units per structure. There shall be no maximum number of dwelling units per structure when they are located within the R-4 Zoning District.
B.
Minimum tract width requirements. The minimum width required for each tract containing a multifamily dwelling structure shall be as specified in Article III, District Regulations.
C.
Minimum yard requirements. The minimum yard requirements for each tract containing a multifamily dwelling structure shall be as specified in Article III, District Regulations.
D.
Gross floor area requirements. Each dwelling unit located in a multifamily dwelling structure shall meet the gross floor area requirements set forth in § 286-26C of this chapter.
Mixed residential developments may be permitted only within those zoning districts and as specified in Article III, District Regulations. Every application for such a use shall also meet the requirements outlined below as well as the standards set forth in Chapter 241, Subdivision and Land Development, of the Code of the Borough of Muncy.
A.
Intent.
(1)
The intent of these regulations is to provide an added degree of
flexibility in the design and development of land for residential
purposes in order to encourage its most appropriate use; to provide
for adequate streets, utilities and open spaces; and to preserve the
natural and scenic qualities of open areas.
(2)
The mixed residential concept is intended to permit diversification
in both the location and type of residential structures and to improve
circulation facilities and other site qualities while ensuring adequate
standards relating to public health, safety and welfare and convenience
in the use and occupancy of such structures and facilities.
B.
Permissible dwelling types. Mixed residential developments may include
single-family detached dwellings, two-family dwellings, single-family
attached dwelling structures, and multifamily dwelling structures,
including multiple-story structures, or any combination thereof. Standards
governing the density or intensity of land use and the amount and
location of open space shall be as set forth in this section.
C.
Plan submission requirements. All plans for mixed residential developments shall be submitted to the Borough Planning Commission for land development consideration and approval. The Planning Commission's decision may be appealed to Borough Council, and Council's decision shall be considered final. Chapter 241, Subdivision and Land Development, shall be the guide for all improvements to be made to the site.
D.
Maximum tract area and density requirements.
(1)
Minimum tract area requirements. A mixed residential development
shall include no less than 1 1/2 contiguous acres of land.
(2)
Maximum residential densities. The following maximum gross densities
shall apply to all residential units within the proposed development:
E.
Open space, coverage, and yard requirements.
(1)
Common open space for recreation purposes, either active or passive,
shall be an essential and a major element of the plan. A minimum of
25% of the gross tract acreage shall be reserved as open space for
the benefit of all residents of the development. Such open space may
include areas of land and water, but shall exclude all roads, parking
areas, structures, and service lanes. Where possible, such open space
shall include the preservation of existing natural features and shall
be easily accessible to all units in the development. Portions of
the area to be used for recreation shall have suitable physical characteristics,
including well-drained soils, gentle topography, and suitable shape
and size.
(2)
Single-family detached and two-family dwellings shall not cover more
than 25% of the total tract acreage.
(3)
Single-family attached and multifamily dwelling structures shall
not cover more than 35% of the total tract acreage.
(4)
Setbacks for single-family detached and two-family dwellings shall
be consistent with the neighborhood where such units are to be located.
Setback requirements for all types of dwellings shall, however, be
recommended by the developer and shall be approved and/or adjusted
by the Planning Commission, as deemed appropriate.
(5)
Minimum yard area shall also be recommended by the developer and
shall be approved and/or adjusted by the Planning Commission as deemed
appropriate.
F.
Gross floor area requirements. Each dwelling unit located in a mixed residential development shall meet the gross floor area requirements set forth in § 286-26C of this chapter.
G.
Design standards. The design standards set forth below shall be met
by all applications for mixed residential developments.
(1)
Circulation system design standards.
(a)
There shall be an adequate, safe and convenient arrangement
of pedestrian circulation facilities, roads, drives, off-street parking
and loading areas.
(b)
Road, walks and open space shall be designed as integral parts
of an overall site plan. They shall be properly related to existing
and proposed structures and appropriately landscaped.
(c)
Structures, roads, walks, paths, parking areas, recreation areas,
etc. shall be arranged so that pedestrians are not unnecessarily exposed
to vehicular traffic.
(d)
Landscaped, paved and comfortably graded walkways and pathways
shall be provided along the lines of the most intense uses.
(e)
Materials and design of paving, lighting fixtures, retaining
walls, fences, curbs, benches, etc. shall be of good appearance and
easily maintained.
(f)
Parking areas shall be landscaped and screened from public view
to the extent possible.
(g)
All structures within the development shall have access directly
onto a public road or onto a road in the internal road system. All
new roads and curbs shall be constructed in accordance with the Borough's
requirements at the time of application submission.
(2)
Off-street parking requirements. A minimum of two off-street parking
spaces shall be provided for each dwelling unit contained in the development.
One additional off-street parking space shall also be provided for
each two dwelling units in the development for visitor parking.
(3)
Landscape design standards.
(a)
Landscape treatment for plazas, roads, paths, service and parking
areas shall be designed as an integral part of a coordinated landscape
design for the entire project area.
(b)
Primary landscape treatment shall consist of shrubs, ground
cover, and street shade trees, and shall combine with appropriate
walks and road surfaces to provide an attractive development pattern.
(c)
Whenever appropriate, existing trees shall be conserved and
integrated into the landscape design plan.
(d)
All roads bordering the project area shall be planted at appropriate
intervals with shade trees.
(e)
Where adjacent land use dictates, proper screening or buffer
strips of 25 feet may be required for aesthetic and/or acoustical
isolation.
(4)
Grading and ground cover requirements. Where excavation and grading
are proposed, and/or where existing trees, shrubs and other vegetative
cover are to be removed, proper plans shall be presented to the Borough
by the developer showing the steps that are to be taken to avoid soil
erosion. All exposed ground surfaces shall be stabilized or protected
with a vegetative cover, both on a temporary and permanent basis.
Prior to commencement of any excavation, all appropriate plans shall
be filed and approved by County Conservation District.
(5)
Drainage system design standards.
(a)
A drainage control system sufficient to provide positive drainage
away from structures shall be designed and constructed by the developer
for the development. In addition, sufficient on-site facilities or
techniques shall be installed or utilized to avoid increasing runoff
onto adjacent properties.
(b)
All new structural drainage control systems shall be constructed
in accordance with the Borough's requirements at the time of
application submission.
(6)
Sewage and water facilities. Sewage treatment and water supply for
the development shall be provided via public or municipal facilities.
The developer shall be responsible for executing all appropriate agreements
between himself and the Borough regarding provision of these services.
(7)
Solid waste collection, storage and disposal. Arrangements for the
collection, storage and disposal of solid wastes generated by the
development shall be made by the developer and submitted to the Borough
for approval as part of the plan submission process.
(8)
Open space ownership and maintenance responsibilities. Applications
for mixed residential developments shall include a proposal indicating
the ultimate ownership and maintenance responsibilities for all open
space areas. Where such open space is not dedicated to the Borough,
or where such dedication is not accepted by the municipality, an agreement
which assigns maintenance responsibilities for the open space shall
be submitted by the developer and approved by the Borough, recorded
with the final plan, and referenced in the deeds or leases for each
parcel or dwelling unit in the development.
H.
Building relationships. The building relationships set forth below
shall be met by all applications for mixed residential developments.
(1)
All structures in their layout and design shall be an integral part
of the development and convenient access to and from adjacent areas.
(2)
Individual structures shall be related to each other in architectural
design, mass, material, orientation and connection to provide a visually
and physically integrated development.
(3)
Treatment of the sides and rear of all structures within the development
shall be comparable in amenity and appearance to the treatment given
to street frontage of the same structures.
(4)
The design of structures and the parking areas shall take advantage
of the topography of the project site and, where appropriate, provide
separate levels of access.
(5)
All structures shall be oriented to ensure adequate light and air
exposures to the rooms within.
(6)
All structures shall be arranged so as to avoid undo exposure to
concentrated loading or parking facilities wherever possible, and
shall be oriented to preserve visual and audible privacy between adjacent
structures.
(7)
All structures shall be arranged to be accessible to emergency vehicles.
Rooming or boarding houses may be permitted only within those zoning districts and as specified in Article III, District Regulations. All applications for such uses, whether new construction or a conversion, shall also meet the requirements outlined below.
A.
The lot upon which the rooming or boarding house is situated shall meet the minimum area requirements established in Article III, District Regulations, for the district in which the use is to be located.
B.
Rooming or boarding facilities shall be accessory to a single-family
dwelling unit and such uses may or may not include arrangements for
meals. And, for the purposes of this chapter, the owner of the single-family
dwelling must occupy the unit as its legal resident.
C.
Accommodations may be provided for up to four boarders in addition
to the family unit, with a maximum of two persons per bedroom. Such
accommodations shall be for periods of one week or more in duration.
D.
There shall be no provision made for cooking in individual rooms
of a rooming or boarding house.
Bed-and-breakfast establishments or other similar residential lodging facilities may be permitted only within those zoning districts and as specified in Article III, District Regulations. Every application for a bed-and-breakfast establishment, whether new construction or a conversion, shall meet the requirements outlined below.
A.
The lot upon which the bed-and-breakfast is situated shall meet the minimum area requirements established in Article III, District Regulations, for the district in which the use is to be located.
B.
The facility must be privately owned and occupied by the owner thereof.
C.
Dining facilities and food services shall be available only to lodgers.
D.
Exterior alterations to existing structures shall be limited to those
customarily associated with residential uses.
Group homes shall be permitted only in those zoning districts and as specified in Article III, District Regulations. All applications for such activities, whether new construction or a conversion, shall also meet the requirements outlined below. (See also § 286-34.)
A.
The lot upon which the group home is situated shall meet the minimum area requirements established in Article III, District Regulations, for the district in which the use is to be located.
B.
Residents of a group home shall maintain a single household unit
with shared use of rooms and shall share mealtimes and housekeeping
responsibilities. There shall, however, be no more than two persons
per bedroom in a group home.
C.
Accommodations in a group home shall be provided for no more than
six residents, excluding staff, at one time, unless the applicant
can demonstrate to the satisfaction of the Borough that the facility
is of such size that it can adequately accommodate additional occupants.
Applications for group homes shall specify the maximum number of residents
or occupants to be housed or cared for at the facility.
D.
Adult supervision shall be provided at the facility on a twenty-four-hour
basis in accordance with all applicable licensing requirements.
E.
Residents of such facilities shall remain in residence for a period
of at least three months, and a change of residents shall not routinely
occur, except in the case of death, extended illness, disability or
similar circumstances.
F.
Applicants for group homes shall indicate the type of care, counseling
or treatment to be provided at the site. In each instance, medical
care shall be incidental in nature and shall not be a major element
of the care being provided at the facility.
G.
Evidence shall be provided with the application indicating that all
appropriate state licensing requirements have been met.
H.
Any zoning permit issued for a group home shall apply only to the
facility and applicant named, the premises designated, and for the
activities or purposes listed or identified in the application. Said
permit shall be nontransferable.
Sobriety houses may be permitted only within those zoning districts and as specified in Article III, District Regulations. Every application for a sobriety house, whether new construction or a conversion, shall meet the requirements outlined below.
A.
Sobriety houses shall not be located within 500 feet of any school
property, church property, any PLCB-licensed property, public park,
another sobriety house, nor any residential district, except where
the following conditions can be met.
(1)
The applicant shall provide the Borough with a petition signed by
51% of the persons owning, residing or doing business within a radius
of 1,000 feet of the location of the proposed use, indicating their
approval or support for the proposal. The applicant shall make an
attempt to contact all property owners, renters, business persons,
etc. located within the one-thousand-foot radius and shall supply
the Borough with a list of all addresses for which no contact was
made. The circulated petition shall have subscribed to it an affidavit
attesting the fact that the circulator personally witnessed the signatures
on the petition and that the same were affixed to the petition by
the persons whose names appear thereon.
(2)
The applicant shall demonstrate to the Borough that the proposed
use will not adversely affect the safe and comfortable enjoyment of
the properties in the neighborhood and will not be detrimental to
the general character of the area.
(3)
The applicant shall demonstrate to the Borough that the establishment
of the proposed use will not be contrary to any program of neighborhood
conservation and will not interfere with any program of urban renewal.
Retail uses or establishments, including those commercial and business establishments set forth in Article III, District Regulations, may be permitted only within those zoning districts and as specified in Article III, District Regulations. In addition, every proposed retail use or establishment must meet the requirements outlined below as well as the standards set forth in Chapter 241, Subdivision and Land Development, of the Code of the Borough of Muncy. Additional documentation may be required by the Borough where it is deemed necessary to protect the public health, safety and welfare of Borough residents.
A.
Applications for new retail establishments or development shall include
documentation and information sufficient to determine that the proposal
will meet the following requirements.
(1)
A site plan, drawn to scale, showing the tract of ground on which
the use is proposed and the location of all buildings or structures
existing or to be situated on the site shall be submitted for all
new retail establishments.
(2)
The applicant shall demonstrate that the proposed use will have no
detrimental effect on the character of the area or neighborhood where
it is proposed to be located. All applications for such uses shall
include details regarding the use of externally broadcast music, public
address systems, public announcements, paging and similar activities.
(3)
All retail uses shall be provided with public or municipal sewage
disposal facilities and a public water supply.
(4)
Outdoor lighting associated with the proposed establishment shall
be mounted and shielded to eliminate direct or reflective glare on
adjacent properties and avoid affecting the vision of passing motorists.
(6)
All signs used to advertise retail activities shall meet the requirements of Article VIII of this chapter.
(8)
Arrangements for the collection, storage and disposal of solid wastes
generated by the commercial use shall be made by the applicant and
submitted to the Borough for approval as part of the application for
the retail use. Such arrangement shall indicate the type of screening
to be used to conceal all such storage facilities.
(9)
Applications for retail activities shall also include an indication
of the establishment's proposed hours of operation.
(10)
No offensive or objectionable noise, vibration, smoke, dust,
odor, heat, or glare shall be detected at or beyond the property line
of the lot containing the commercial activity.
B.
Applicants proposing to change from one commercial use to another in an existing building, where no structural alteration is proposed or necessary to effect the change, need only apply to the Zoning Officer for a certificate of compliance. All such applicants shall however provide sufficient information to the permit officer indicating that the issues raised in Subsection A above will be adequately addressed.
C.
No perpetual outside displays or retail sales shall be permitted
for approved commercial uses, except where such display is a necessary
part of the use, and no merchandise shall be placed on a sidewalk
except as part of a periodic or non-daily sidewalk sale.
D.
All open or outside storage associated with a commercial use shall meet the requirements set forth in § 286-46 of this chapter.
E.
No outdoor vending machines or containers associated with any retail establishment shall be located within 10 feet of the cartway of any street or alley nor protrude more than three feet from the building line of the merchant's premises. Further, no such machines or containers shall interfere with pedestrian traffic and, where possible, shall be situated to the side or rear of the retail establishment to which they are accessory. A minimum of four feet of continuous unobstructed sidewalk shall be available for pedestrian traffic at all times. (See also § 286-44D regarding the use of outdoor vending machines at noncommercial locations.)
Automotive sales, service stations, and/or repair garages may be permitted only within those zoning districts and as specified in Article III, District Regulations. All applications for such uses shall meet the criteria established for retail uses in § 286-35 of this chapter as well as the standards outlined below.
A.
Automotive sales.
(1)
All vehicles offered for sale or lease must be set back a minimum
of 15 feet from the edge of the adjoining street cartway.
(2)
No vehicles shall be parked in the right-of-way of any adjacent street
or alley.
(3)
Accessory uses, such as incidental and minor service and repair,
may be permitted where such uses are clearly secondary or incidental
to the principal auto sales use. All such accessory uses shall be
completely enclosed within a building in order to minimize noise and
odor, and there shall be no openings in the walls of any such building
where the structure adjoins a residential district.
B.
Automotive service stations.
(1)
No automotive service station shall be located with 150 feet of any
school, playground, nursing home, church, or place of public assembly.
(2)
Gasoline pumps or other fuel-dispensing devices shall be no closer
than 25 feet to any street right-of-way line, nor shall fuel oil,
propane gas, or other similar substance be stored within 25 feet of
a street right-of-way or any property line.
(3)
The width of any entrance driveway leading from a public street to
the service station shall not exceed 35 feet at its intersection with
the curbline or the edge of the street cartway. No two driveways leading
from a public street to the service station shall be located within
15 feet of each other at their intersection with the curb or edge
of the street cartway.
(4)
No major repairs or vehicle painting shall be permitted at an automotive
service station; however, minor or incidental service may be provided.
Activities such as car washing, waxing, polishing, or greasing shall
be carried out within an enclosed structure, and all repair materials,
including new, used, discarded or unusable parts of any vehicle, must
also be stored within such enclosure.
(5)
No outdoor stockpiling of tires nor outdoor storage of trash shall
be permitted.
C.
Automotive repair garages.
(1)
No automotive repair garage shall be located with 150 feet of any
school, playground, nursing home, church, or place of public assembly.
(2)
Major repair, including engine or body work, painting, upholstering,
tire retreading or recapping, and battery work may be permitted at
an automotive repair garage. All such activity shall, however, be
conducted within an enclosed building where measures can be taken
to minimize noise, odor and dust. (Copies of all state- and/or federal-required
permits shall be submitted as part of the zoning permit application.)
(3)
The applicant shall include an indication of the methods being proposed
for storage and disposal of any solvents, paints, or other potentially
hazardous materials or substances to be used on the premises as part
of his application for an automotive repair garage.
(4)
Only vehicles to be repaired in the garage or to be picked up by the vehicle's owner may be stored on the premises. Junked or abandoned vehicles shall not be stored on the lot. Vehicles being stored on-site for more than 48 hours shall be kept within a building or shall be kept within a secure, fenced-in area which is screened from view as set forth in § 286-55 of this chapter.
(5)
Where an automotive repair shop is adjacent to a residential use or residential district, a twenty-five-foot buffer yard and screening shall be provided along the entire length of the common property line in accordance with the requirements of §§ 286-54 and 286-55 of this chapter. No parking, storage or structure shall be permitted within this buffer area.
(6)
The width of any entrance driveway leading from a public street to
the service station shall not exceed 35 feet at its intersection with
the curbline or the edge of the street cartway. No two driveways leading
from a public street to the service station shall be located within
15 feet of each other at their intersection with the curb or edge
of the street cartway.
A.
Professional offices may be permitted only within those zoning districts and as specified in Article III, District Regulations. All applications for such uses, whether new construction or a conversion, shall meet the criteria established for retail uses in § 286-35 of this chapter, as well as the standards outlined below.
B.
In the R-1 and R-2 Zones, professional offices may not result from
residential conversions nor from new construction. Existing nonresidential
structures may, however, be converted for professional offices in
these zones.
Outdoor recreation facilities may be permitted only within those zoning districts and as specified in Article III, District Regulations. Applications for such uses shall meet the standards outlined below, and all other applicable state or local requirements. (See also § 286-43.)
A.
All such facilities shall be set back at least 25 feet from all property lines, and shall be effectively screened from adjoining properties and residential uses in accordance with the provisions of § 286-55 of this chapter.
B.
Illuminated signs and other outdoor lighting shall be designed and
shielded to eliminate direct or reflected glare on adjoining properties
and avoid affecting the vision of passing motorists.
Amusement enterprises may be permitted only within those zoning districts and as specified in Article III, District Regulations. In addition, all applications for such uses shall meet the criteria established for retail uses in § 286-35 of this chapter, as well as the standards outlined below, and all other applicable state or local requirements. (See also § 286-40 for regulations governing adult entertainment establishments.)
Adult entertainment establishments or facilities may be permitted only within those zoning districts and as specified in Article III, District Regulations. All applications for such uses shall meet the criteria established for retail uses in § 286-35 of this chapter, as well as the standards outlined below, and all other applicable state or local requirements.
A.
Adult entertainment establishments shall not be located within 1,000
feet of any other adult entertainment establishment.
B.
Adult entertainment establishments shall not be located within 1,000
feet of any school, church, or residential district, except where
the following conditions can be met.
(1)
The applicant shall provide the Borough with a petition signed by
51% of the persons owning, residing or doing business within a radius
of 1,000 feet of the location of the proposed use indicating their
approval or support for the proposal. The applicant shall make an
attempt to contact all property owners, renters, business persons,
etc. located within the one-thousand-foot radius and shall supply
the Borough with a list of all addresses for which no contact was
made. The circulated petition shall have subscribed to it an affidavit
attesting the fact that the circulator personally witnessed the signatures
on the petition and that the same were affixed to the petition by
the persons whose names appear thereon.
(2)
The applicant shall demonstrate to the Borough that the proposed
use will not adversely affect the safe and comfortable enjoyment of
the properties in the neighborhood and will not be detrimental to
the general character of the area.
(3)
The applicant shall demonstrate to the Borough that the establishment
of the proposed use will not be contrary to any program of neighborhood
conservation and will not interfere with any program of urban renewal.
C.
Displays or other promotional materials for adult entertainment establishments
shall not be shown or exhibited so as to be visible to the public
from any street, sidewalk or other public place.
D.
All building openings, entries, exits or windows for adult entertainment
establishments shall be located, covered or screened in such a manner
so as to prevent a view into the interior from any street, sidewalk,
public place, or residential property.
E.
Business signs shall include no promotional advertisement or pictorial
displays.
Manufacturing operations, including those industrial uses and processing activities set forth in Article III, District Regulations, may be permitted only within those zoning districts and as specified in Article III, District Regulations. Applications for such activities shall meet the requirements outlined below as well as the standards set forth in Chapter 241, Subdivision and Land Development, of the Code of the Borough of Muncy. Additional documentation may also be required where it is deemed necessary by the Borough to protect the health, safety and welfare of its residents.
A.
Manufacturing operations shall abut on and/or provide direct access
to a street or roadway which is capable of accommodating the anticipated
levels and types of manufacturing and employee traffic.
B.
Every manufacturing operation shall be contained within an enclosed
building, except as may be authorized otherwise by Borough Council
as a conditional use.
C.
All industrial uses shall be provided with public or municipal sewer
and water facilities in accordance with the standards of the Pennsylvania
Department of Environmental Protection.
D.
Arrangements for the collection, storage and disposal of solid wastes
generated by the proposed manufacturing operation shall be made by
the developer and submitted to the Borough for approval as a part
of the plan submission process.
E.
Outdoor security lighting provided for the facility shall be installed
and shielded to eliminate direct or reflective glare on adjacent properties
and avoid affecting the vision of passing motorists.
G.
All signs used to advertise manufacturing or industrial activities shall meet the requirements of Article VIII of this chapter.
H.
Off-street parking and loading areas shall be provided in accordance with the requirements of Article IX of this chapter.
I.
Accessory sales or retail outlets may be permitted to be associated
with approved principal uses, but shall be clearly incidental to the
industrial use of the subject site, and shall occupy no more than
25% of the gross floor area of the operation. Where such retail facilities
are to be established, additional off-street parking spaces shall
be provided to satisfactorily accommodate the commercial activity.
J.
All open or outside storage associated with a manufacturing use shall meet the requirements set forth in § 286-46 of this chapter.
K.
Manufacturing operations shall comply with all applicable local,
state or federal performance standards, codes and regulations (including
the standards of the Department of Environmental Protection pertaining
to air, water and noise pollution).
L.
In all activities involving the use or storage of flammable and explosive
materials, the owner or operator of such use shall provide adequate
safety devices against the hazard of fire and explosion, and adequate
firefighting and fire-suppression equipment and devices standard in
the industry.
M.
No activities shall be permitted which emit radio waves or electrical
disturbance adversely affecting the operation of any equipment other
than that of the creator of such disturbance.
N.
The manufacture, fabrication, repair, or treatment of products sold
at a retail business located on the premises may be permitted as an
accessory use in the Central Business and General Commercial Districts
so long as such operations are clearly secondary or incidental to
the commercial activity and provided that no use, operation or product
shall be noxious or offensive by reason of the emission of odor, dust,
smoke, gas, vibration, noise, or other similar causes.
O.
Wholesale businesses or distributing centers may be permitted to
be located within a General Commercial District, provided that they
do not involve:
Where not prohibited by deed restrictions or other covenants
or agreements restricting the use of land, no-impact home-based businesses
and home occupations may be permitted subject to the following requirements:
A.
No-impact home-based businesses. No-impact home-based businesses
may be permitted in the R-1, R-2, R-3, and R-4 Zoning Districts subject
to the following standards:
(1)
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
(2)
The business activity shall be conducted entirely within the owner's
dwelling and may occupy no more than 25% of the floor area of the
residence.
(3)
The business shall employ no employees other than family members
residing in the dwelling.
(4)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(5)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs, or lights.
(6)
The business activity shall not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
(7)
The business activity shall not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
(8)
The business shall not involve any customer, client, or patient traffic,
whether vehicular or pedestrian, pickup, delivery, or removal functions
to or from the premises in excess of that normally associated with
a residential use.
(9)
The business shall not involve any illegal activity.
B.
Home occupations. Home occupations, including home offices, meeting
the following standards may be located within any of Borough's
zoning districts:
(1)
The home occupation shall be clearly secondary to the principal residential
nature or use of the dwelling.
(2)
A home occupation shall not in any way alter the residential character
of a neighborhood nor in any way adversely affect the safe and comfortable
enjoyment of the neighborhood in which the use is located.
(3)
The area devoted to the permitted home occupation shall be located
wholly within the operator's dwelling.
(4)
A home occupation may occupy no more than 25% of the gross floor
area of the dwelling, except for family day-care homes, which may
utilize the entire dwelling.
(5)
Permitted home occupations shall be operated by the members of the
family residing on the premises and no other persons shall be employed.
(6)
There shall be no exterior display or sign for a home occupation, except as may be permitted in Article VIII, and no outside storage of materials associated with the business shall be permitted on the premises.
(7)
No offensive or objectionable noise, vibration, smoke, dust, odor,
heat or glare shall be produced or detected at or beyond the property
line of the lot containing the home occupation.
(8)
The use shall not create any adverse impact on existing traffic or
circulation patterns in the neighborhood.
(9)
There shall be no selling of a commodity on the premises as part
of a home occupation.
(10)
A minimum of two additional off-street parking spaces shall
be provided for all home occupations.
(See also § 286-38.)
A.
Private swimming pools. Private swimming or bathing pools (pools
used by the owner and guests), may be permitted as accessory uses
to any principal residential use, but must comply with the following
requirements:
(1)
Every outdoor private swimming pool containing water more than 24
inches in depth shall be completely surrounded by a fence or wall
not less than four feet in height above the finished ground level
measured on the side of the barrier away from the pool. Gates and
doors in such barriers shall be self-closing and self-latching. Further,
such gates and doors shall be designed and maintained in accordance
with all applicable building and property maintenance codes.
(2)
A dwelling or accessory structure may be used as part of the required
enclosure.
(3)
The pool shall not be located within any front yard and shall meet
all side and rear yard setback requirements established for accessory
structures in the district where the use is located.
B.
Semipublic swimming pools. Semipublic swimming or bathing pools shall be defined as those facilities available for use by specified groups or organizations, including pools provided in conjunction with motels or similar lodging facilities, or residential or institutional developments. Such pools shall be completed surrounded by a fence or wall not less than four feet in height above the finished grade of the site where the pool is located and shall be subject to all setback requirements of the applicable district as well as all requirements established by the Pennsylvania Department of Environmental Protection. (See also § 286-38 for requirements for public swimming pools.)
An accessory building(s) or structure(s) may be maintained in
conjunction with a permitted, principal use subject to the following
standards.
C.
No manufactured housing, mobile home units, buses, van bodies, or
truck trailers may be used as accessory buildings or structures, except
that storage trailers may be permitted as accessory structures in
the Industrial District.
Accessory residential uses, including apartments or dwelling
units above or adjoining a commercial use, may be permitted in the
Central Business and General Commercial Districts. Every such proposed
use shall also meet the requirements outlined below:
A.
All such uses must remain secondary to the principal commercial use
of the structure. Further, in the Central Business District, there
shall be no residential occupancy on the first floor of a commercial
building.
For the purposes of this chapter, the open or outside storage
or display of goods, materials, or merchandise may only be authorized
as accessory to an approved principal use in the General Commercial
or Industrial Districts and shall be subject to the following standards:
A.
No such storage shall constitute a nuisance, nor be located within
25 feet of a residential dwelling or residential district.
B.
No storage shall be permitted in any front yard and shall be situated
so as to meet the applicable side and rear yard setback requirements
of the district in which it is located.
C.
No part of a street right-of-way, sidewalk or other area intended
or designated for pedestrian use, and no required parking area shall
be used for such storage.
D.
No flammable or explosive liquids, solids, or gases shall be stored
in bulk above ground, except those directly connected to heating devices
or appliances located on the same premises.
E.
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be attractive to rodents or
insects shall be stored outdoors only in properly closed and sealed
containers.
F.
All such storage areas shall be screened or shielded from view by a fence, wall, or screen plantings which meet the requirements of § 286-55 of this chapter.
G.
No such storage shall be permitted in any designated Floodway District.
Where permitted within a Flood Fringe or General Floodplain District,
all such storage shall be floodproofed to avoid being transferred
from the site during times of flooding.
Communications antennas may be mounted to any existing building
or structure as an accessory use in the Central Business, General
Commercial and Industrial Districts, subject to the following standards.
Residence-mounted satellite dishes and television reception devices,
and ham or citizen band radio antennas, may be located in any zoning
district as an accessory use and shall not be subject to further regulation
by this chapter.
A.
Building-mounted communications antennas shall not be located on
any single-family, duplex, or multifamily dwellings, but may be attached
to government or municipal buildings, water tanks, agricultural buildings,
electrical transmission poles or towers, or other nonresidential buildings.
B.
Building-mounted antennas shall not exceed 15 feet in height above
the building to which they are attached. Omnidirectional or whip antennas
shall not exceed a height of 20 feet and a diameter of seven inches.
Directional or panel antennas shall not exceed five feet in height
and three feet in width.
C.
Any applicant proposing to mount a communications antenna on an existing
building or other structure shall submit evidence to the Borough from
a registered professional engineer certifying that the proposed installation
will not exceed the structural capacity of the building or structure,
considering wind and other loads associated with the antenna's
location.
D.
Building-mounted antennas shall be located on those building elevations
which do not face public rights-of-way, and shall not project more
than three feet from the vertical face of the building to which they
are attached.
E.
Applicants for building-mounted antennas shall submit evidence to
the Borough that all necessary agreements and/or easements have been
secured to provide access to the building or structure on which the
antenna is located.
F.
No provision of this section is intended to unduly restrict or impair
communications activities conducted by any FCC-licensed individual
or entity. In the event that it is determined that any provision of
this section would unlawfully restrict the exercise of a license issued
by the FCC, the Council of Muncy Borough shall have the power and
authority to modify the terms of this section as they apply to such
license holder. Relief under this section shall, however, be authorized
on a case-by-case basis, and any such application shall be considered
as a conditional use.
A.
Garage, porch or yard sales. Owners or occupants of homes throughout
the Borough may sell household personal property belonging to themselves
at garage, porch or yard sales or other similar occasional sales held
at their residences, subject to the following regulations:
(1)
A temporary zoning permit shall be required for such sales and shall
be issued by the Zoning Officer. There will be no charge for this
permit.
(2)
All such sales shall be limited to two per year per residence.
(3)
No sale shall exceed two consecutive days in duration.
(4)
Sales shall be limited to the hours of 8:00 a.m. to 6:00 p.m. daily,
with no sales conducted on Sundays.
B.
Public auctions. Public auctions may be conducted periodically throughout
the Borough, subject to the following regulations:
(1)
A temporary zoning permit shall be required for such activities and
shall be issued by the Zoning Officer. There shall be no charge for
this permit.
(2)
No auction shall exceed two consecutive days in duration.
(3)
There shall be no other sales permitted at an auction, except for
food that is to be consumed on site.
