Borough of Muncy, PA
Lycoming County
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Table of Contents
Table of Contents
The purpose of this article is to supplement Article III, District Regulations, with additional requirements applicable to certain specific uses. Therefore, in addition to those standards outlined in Article III, the following regulations shall apply to the identified uses.
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:
(1) 
It is similar to and compatible with the other uses permitted in the zone where the subject property is located;
(2) 
It is not permitted in any other zone under the terms of this chapter; and
(3) 
It is in no way in conflict with the general purposes of this chapter.
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.
A. 
General requirements.
(1) 
Building codes. Every dwelling unit shall conform to the applicable requirements of the Pennsylvania Uniform Construction Code, Pennsylvania Act 45 of 1999, or as may hereafter be enacted.[1]
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(2) 
Floodplain development. Every dwelling unit which is to be located in the Flood-Fringe or General Floodplain District shall comply with all applicable District Regulations in Article III and the floodplain management provisions in Article VI of this chapter.
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.]
(a) 
Minimum lot area.
[1] 
R-3 and C Zones: 2,500 square feet per dwelling unit.
[2] 
R-4 Zone: 2,500 square feet per dwelling unit.
(b) 
Minimum lot width.
[1] 
R-3 and C Zones: 20 feet.
[2] 
R-4 Zone: no specified minimum.
(c) 
Minimum yard requirements. See applicable district regulations.
(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.
(3) 
Distance between buildings.
(a) 
The front or rear of any building shall be no closer to the front or rear of any other building in the group than 40 feet.
(b) 
The side of any building shall be no closer to the side, front, or rear of any other building than 25 feet.
(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.
E. 
Design standards. The design standards set forth in § 286-28E of this chapter shall also be met for multifamily dwelling structures.
F. 
Building relationships. Where more than one multifamily dwelling structure is proposed for a single tract of ground, the standards set forth in § 286-28F of this chapter shall apply.
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:
(a) 
Single-family detached dwellings: six dwelling units per acre.
(b) 
Two-family dwellings: 10 dwelling units per acre.
(c) 
Single-family attached and multifamily dwelling structures.
[1] 
Structures containing less than six or fewer dwelling units: 12 dwelling units per acre.
[2] 
Structures containing between seven and 16 dwelling units: 16 dwelling units per acre.
[3] 
Structures containing more than 17 dwelling units: 25 dwelling units per acre.
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.
E. 
Signs advertising the rooming or boarding house shall meet the requirements of Article VIII of this chapter.
F. 
The off-street parking requirements set forth in Article IX and all other applicable standards of this chapter shall be met.
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.
E. 
Signs advertising the facility shall meet the requirements of Article VIII of this chapter.
F. 
The off-street parking requirements set forth in Article IX and all other applicable standards of this chapter shall be met.
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.
I. 
The off-street parking requirements set forth in Article IX and all other applicable standards of this chapter shall be met.
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.
B. 
Signs advertising the facility shall meet the requirements of Article VIII of this chapter.
C. 
The off-street parking requirements set forth in Article IX and all other applicable standards of this chapter shall be met.
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.
(5) 
Buffer yards and/or screening shall be provided as required in §§ 286-54 and 286-55 of this chapter, unless required otherwise by the provisions of this article.
(6) 
All signs used to advertise retail activities shall meet the requirements of Article VIII of this chapter.
(7) 
Off-street parking and loading areas shall be provided in accordance with the requirements of §§ 286-82 and 286-83 of this chapter. Access to all proposed retail uses shall meet the requirements of § 286-84.
(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.)
A. 
All such uses shall be conducted entirely within an enclosed structure.
B. 
Applications for such uses shall include an indication of the measures to be taken to prevent noise or other nuisance influences from disturbing nearby properties.
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.
F. 
Buffer yards and/or screening shall be provided in accordance with the standards set forth in §§ 286-54 and 286-55 of this chapter.
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:
(1) 
More than 5,000 square feet of storage to be wholesaled or distributed;
(2) 
The use of any delivery vehicle rated at more than a two ton weight capacity; and
(3) 
The use of any delivery vehicle which would need to block traffic for the purposes of loading or unloading.
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.
A. 
Accessory buildings or structures shall be set back in accordance with the yard requirements established in Article III, District Regulations, and the supplemental lot requirements set forth in § 286-51 of this chapter.
B. 
No accessory building or structure shall be erected or located in front of the building to which it is accessory, except as may be provided otherwise in Article IV, Supplementary Use Regulations, Article V, Supplementary Lot Regulations, or Article VIII, Sign Regulations.
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.
D. 
No outdoor vending machines or containers shall be permitted as accessory structures in any Residential District. (See also § 286-35E regarding the use of outdoor vending machines at retail establishments.)
E. 
The height of accessory buildings or structures shall be as set forth in Article III, District Regulations, except as may be permitted otherwise in § 286-52 of this chapter.
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.
B. 
The minimum gross floor area requirements for new construction or conversions proposed after the effective date of this chapter shall be as set forth in § 286-26C of this chapter.
C. 
The off-street parking requirements set forth in Article IX of this chapter shall be met for both the commercial and residential uses.
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.
(5) 
Individuals conducting such events shall comply with all sign regulations contained in Article VIII of this chapter.
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.