Borough of Lewistown, PA Article VI C Commercial Districts

§ 240-28 Applicability of regulations.

In C Commercial Districts, the regulations which follow in this Article VI and the regulations which are set forth in Articles IX and X shall apply.

§ 240-29 Buildings or uses.

[Amended 3-24-1986 by Ord. No. 86-2]

A. Single principal building or single principal use. Except as provided in Subsections B and C, a lot may be used for only one of the following principal buildings or principal uses and no other:

(1) A principal building or a principal use permitted in an R-1 or R-2 Residential District. (A building or use permitted in an R-1 or R-2 Residential District by special exception is permitted as of right in a C Commercial District, and no special exception permission by the Zoning Hearing Board is necessary or required.)

(2) A hospital, convalescent home or nursing home, or nonprofit or municipal or public institution, with no qualifying limitations on the use other than as set forth in this Article VI or in Article IX.

(3) A day nursery, day-care center, or a school of any type (other than a public school, for which provision has been made), if 40 or more children or students are regularly on the premises at any one time and if the children or students are regularly on the premises for four or more hours per day during the customary daytime business hours prevailing in the zoning district. [Some of the types of schools contemplated by this Subsection A(3) are a business school, private trade school, beauty school, music school, or dancing school.]

(4) Fraternal club or private lodge if 50 or more members or guests are regularly on the premises at any one time and if the premises are regularly open to members or guests during the customary daytime business hours prevailing in the zoning district. [A fraternal club or private lodge which has boarding units or rooming units shall be deemed to be a fraternal home under Subsection A(5) below.]

(5) Fraternal home.

(6) Hotel; tourist home.

(7) Tourist cabin court or motel.

(8) Trailer court or mobile home park.

(9) Trailer camp.

(10) Automotive service establishment for one or more of the following uses: public garage, private parking lot, public parking lot, service station, repair garage, car wash, automobile sales room, automobile sales lot, or the like.

(11) Protective service building for one or more of the following uses: fire house, police station, ambulance station, or the like.

(12) Cat or dog boarding kennel or small animal hospital, subject to the condition that any resulting noise or odors are to be effectively confined to the premises.

(13) Service echelon establishment.

(a) Subject to the use standards which are prescribed below, a service echelon establishment for one or more of the uses within but one class of the following classes:

[1] Class A — dry cleaning plant, dyeing plant, laundry plant.

[2] Class B — newspaper printing plant, job printing plant.

[3] Class C — brewery, creamery, bottling plant.

[4] Class D — storage building, warehouse or storage yard for one of the principal uses described in Subsection B. A Class D service echelon establishment [which under this Subsection A(13) is on its own separate lot and is the principal building or principal use on the lot] is to be distinguished from a storage building, warehouse or storage yard which is on the same lot with a principal use described in Subsection B and which is permitted as an accessory building or accessory use to that use.

(b) Use standards. Work at a service echelon establishment shall be done only during the customary daytime business hours prevailing in the zoning district, and any resulting dust, fumes, odors, noise, smoke, vapor or vibration shall be effectively confined to the premises of the service echelon establishment.

B. Multiple principal uses. A lot may be used, and a building on a lot may be used, for one or more of the following principal uses without distinction among the classes of uses or among the uses within a class:

(1) Funeral home.

(2) Retail business store or shop for the sale of food or beverages of all kinds; dry goods and apparel of all kinds; furniture and household fixtures, goods and appliances of all kinds; automotive accessories; hardware, paint, wallpaper and other like materials and objects for decorating, maintenance or repair; books, magazines, newspapers, cigars, cosmetics, drugs, flowers, gifts, jewelry, music or stationery; photographic goods; sporting goods; and articles or products substantially similar to the foregoing.

(3) Retail specialty food store or shop where goods are prepared in the store or shop and sold at retail from the store or shop, as for example: a bake shop or pastry shop; confectionery shop or candy shop; delicatessen.

(4) Eating place or tavern of any type, such as: cafeteria; dining room; restaurant; tea room; cocktail lounge; and including an eating place or tavern providing dancing or entertainment.

(5) Personal service shop, such as a barber or beauty shop; tailor or dressmaking shop; laundry agency or dry-cleaning agency; laundromat; cleaning or pressing shop, or hand laundry, in which only nonexplosive and nonflammable solvents are used; photographer's studio; cobbler shop; household appliance repair shop; radio or television repair shop; small animal pet shop, provided that noise and odors are effectively confined to the pet shop.

(6) Such craft or trade establishments as a carpentry shop, cabinetmaking shop, upholstery shop; a machine shop, metalworking shop, tin-working shop; a printer's shop, electrician's shop, plumber's shop, provided that not more than three individuals are engaged at any one time on the premises of the establishment in the work of the craft or trade of the establishment; work is done at the establishment only during the customary daytime business hours prevailing in the zoning district; and any resulting dust, fumes, odors, noise, smoke, vapor or vibration is effectively confined to the craft or trade establishment.

(7) Business office or administration office, such as the offices of a bank or other financial institution; office of a real estate agent or insurance agent; the business offices of a public utility company; the business offices of a manufacturer; the administration offices of a wholesaler, jobber or distributor.

(8) Professional office or professional studio, without the qualifying limitations on the use prescribed by the definitions of those terms.

(9) Passenger transportation service, such as a railroad passenger station, bus passenger station, taxicab waiting room or dispatch center.

(10) Radio or television station.

(11) Indoor amusement place, such as a bowling alley; dance hall; pool hall; theater; skating rink and the like, provided that any resulting noise is effectively confined to the amusement place.

(12) Retail or wholesale greenhouse or nursery.

(13) Day nursery, day-care center, or school of any type (other than a public school, for which provision has been made), if less than 40 children or students are regularly on the premises at any one time, or if the children or students (whatever their number) are regularly on the premises for less than four hours per day during the customary daytime business hours prevailing in the zoning district. [Some of the types of schools which might qualify under this Subsection B(13) are: a private half-day kindergarten, typing school, baton-twirling school.]

(14) Public parking lot; private parking lot.

(15) Chapel for worship, library reading room, fraternal club, private club, private lodge if less than 50 members, guests or users are regularly on the premises at any one time, or if the premises are not regularly open to members, guests or users during the customary daytime business hours prevailing in the zoning district.

(16) Any other business, service or use which is substantially similar to a business, service or use described in this Subsection B as to type of services provided or goods sold; business hours or hours when open for use; the number of persons attracted to the premises or regularly using the premises, and the duration of their stay upon the premises.

C. Mixed occupancy dwelling as the single principal building.

(1) A lot may be used for one mixed occupancy dwelling, provided that:

(a) The commercial uses on the lower stories of the building are only those uses permitted under Subsection B;

(b) No dwelling units or boarding or rooming units are maintained in a detached building on the same lot to the rear or side of the building which is the mixed occupancy dwelling; and

(c) No detached building is located on the same lot to the front of the building which is the mixed occupancy dwelling.

(2) If a lot is used for a mixed occupancy dwelling, the mixed occupancy dwelling as such shall be the only principal building permitted on the lot.

D. Accessory buildings and accessory uses. The accessory buildings and accessory uses permitted on a lot shall be those customarily incidental to the principal building or the principal uses on the lot.

§ 240-30 Lot area for principal buildings or principal uses.

A. Houses, hotels or tourist homes. The lot area for a single-family house, two-family house, row house, apartment house, conversion apartment house, multifamily house or mixed occupancy dwelling shall be not less than 1,000 square feet for each dwelling unit. The lot area for a boardinghouse or rooming house, fraternal home, hotel, tourist home, or mixed occupancy dwelling shall be not less than 500 square feet for each boarding or rooming unit.

B. Trailer court or mobile home park. The lot area for a trailer court or a mobile home park shall be as required by Chapter 220, Subdivision and Land Development, and Chapter 148, Mobile Home Parks, of the Code of the Borough.

C. Other principal buildings or principal uses. No minimum lot area is fixed except as the regulations in §§ 240-32, 240-33 and 240-34 and the regulations in Article IX may, directly or indirectly, establish the minimum lot needed to meet the regulations.

§ 240-31 Building height.

A. Community garage, automotive service establishment, protective service building, service echelon establishment, institutions, storage buildings. The building height of a community garage, a building for an automotive service establishment under § 240-29A(10), a building for a protective service under § 240-29A(11), a building for a service echelon establishment under § 240-29A(13), or a building for a nonprofit or municipal or public institution for correctional or rehabilitative purposes or for scientific testing purposes shall not exceed 35 feet.

B. Other principal buildings. The building height of a principal building other than a principal building referred to in Subsection A of this section shall not exceed 65 feet.

C. Accessory buildings. The building height of an accessory building shall not exceed the height of the principal building or 35 feet, whichever is less.

§ 240-32 Building area.

A. The building area on a lot used for a building or use referred to in § 240-29A, or for a mixed occupancy dwelling under § 240-29C, shall not exceed 70% of the lot area. However, in the case of a mixed occupancy dwelling, the building area shall be measured at the floor level of the first story which is used in whole or in part for a dwelling unit or for a boarding or rooming unit and shall include the horizontal cross-section areas of any other buildings on the lot which project through the horizontal lines of that floor level as projected throughout the lot.

(1) Exception. Provided that any applicable regulations in § 240-33 are met, and an exception to the on-lot parking spaces requirement is granted by the Department under § 240-34B, the building area on a lot used for a principal building set forth below may exceed 70% of the lot area:

(a) If the lot fronts on a street and if the rear or one side of the principal building abuts and has a door which opens directly to a street or a Borough alley, Borough mall or Borough parking lot; or

(b) If the lot fronts on a street and there is a direct access open space (not less than 12 feet wide and on the same lot with the principal building) from a door in the rear or one side of the principal building to a street or a Borough alley, Borough mall or Borough parking lot. Such a direct access open space shall be in addition to the open space fire aisle required by § 240-51.

(2) The principal buildings which may take advantage of this exception are a church, library, museum, school, nonprofit or municipal or public institution for other than correctional or rehabilitative purposes or diagnostic or treatment purposes, fraternal club, private lodge, or a building for a protective service under § 240-29A(11).

B. Except as provided in § 240-32A, no maximum building area is fixed.

§ 240-33 Front, side and rear yards for principal buildings.

A. Front yard.

(1) A community garage, tourist cabin court or motel, trailer camp, trailer court or mobile home park, public garage, service station, repair garage, car wash, or automobile sales room shall have a front yard, the depth of which to the building line shall be not less than 25 feet. However, in the case of a community garage on a reverse lot, the yard abutting the alley shall be deemed to be the front yard, and the depth of that front yard to the building line may be reduced to five feet.

(2) Except as provided in § 240-33A(1), no front yard shall be required in the case of any other principal building or principal use.

B. Side yards.

(1) If the building height of a principal building is over 35 feet, the building shall have two side yards (one at on each side of the building, but not necessarily at building grade or ground level). Each side yard shall be measured from the side line of the lot to the side line of the building at the floor level of the first story above 35 feet, and each such side yard shall be not less than six feet wide. However, in the case of a building on a corner lot at the intersection of two streets, the intersection of a street and a public alley, or the intersection of a street and a public mall, no side yard on the street, alley or mall side shall be required.

(2) Except as provided in § 240-33B(1) and D, no side yards shall be required in any other case.

C. Rear yard.

(1) If the building height of a principal building is over 35 feet, the building shall have a rear yard (but not necessarily at building grade or ground level). The rear yard shall be measured from the rear line of the lot to the rear line of the building at the floor level of the first story above 35 feet, and such rear yard shall be not less than five feet deep.

(2) Except as provided in § 240-33C(1) and D, no rear yard shall be required in any other case.

D. Trailer court or mobile home park. The side yards and rear yard for a trailer court or mobile home park shall be as required by Chapter 220, Subdivision and Land Development, of the Code of the Borough.

§ 240-34 Off-street parking.

[Amended 3-24-1986 by Ord. No. 86-2]

A. Spaces required. Off-street parking spaces for passenger motor vehicles (and other types of motor vehicles where specified) shall be provided in the following amounts for the following principal buildings or principal uses referred to in § 240-29A and for a mixed occupancy dwelling referred to in § 240-29C:

(1) For a principal building or a principal use permitted in an R-1 or R-2 Residential District, off-street parking spaces shall be provided as required by § 240-20A or 240-27A, as the case may be.

(2) For a hospital, convalescent or nursing home, or institution referred to in § 240-29A(2), off-street parking spaces shall be provided as required by § 240-20A(5), 240-27A(4) or (7), as the case may be.

(3) For a day nursery, day-care center, or school referred to in § 240-29A(3), off-street parking spaces shall be provided as required by § 240-27A(6).

(4) For a fraternal club or private lodge referred to in § 240-29A(4), off-street parking spaces shall be provided at the rate of one parking space for each 300 square feet of floor space used for dining rooms, game rooms, lounges, meeting rooms and assembly rooms.

(5) For a fraternal home, off-street parking spaces shall be provided at the rate of one parking space for each of the first four boarding or rooming units; one parking space for each three boarding units or rooming units in excess of four; three parking spaces for the manager or administrator; and one parking space for each two employees on the largest work shift.

(6) For a hotel or tourist home, off-street parking spaces shall be provided at the rate of one parking space for each boarding or rooming unit; one parking space for each two employees on the largest work shift; and one parking space for each 300 square feet of floor space used for dining rooms, taverns, meeting rooms and assembly rooms.

(7) For a tourist cabin court or motel, off-street parking spaces shall be provided at the rate set forth in Subsection A(6) above.

(8) For a trailer court or mobile home park, one off-street parking space shall be provided for each house trailer or mobile home lot.

(9) For a trailer camp, one off-street parking space shall be provided for each campsite.

(10) For an automotive service establishment housing a public garage, service station, repair garage, car wash, automobile sales room or the like, off-street parking spaces shall be provided at the rate of one parking space for each two employees; one parking space for each passenger or commercial motor vehicle used in connection with the business (such as tow trucks, wreckers, demonstrator models); one parking space for each vehicle kept in storage or for lease or sale; and one parking space for each repair bay (in addition to the bay itself).

(11) For a protective service building, off-street parking spaces shall be provided at the rate of one parking space for each employee on the largest work shift; one parking space for each passenger or commercial motor vehicle regularly kept on the premises in connection with the protective service; and one parking space for every four volunteers.

(12) For a cat or dog boarding kennel or small animal hospital, off-street parking spaces shall be provided at the rate of one parking space for each veterinarian and one parking space for each two employees on the largest work shift.

(13) For a service echelon establishment, off-street parking spaces shall be provided at the rate of one parking space for each two employees on the largest work shift and two parking spaces for each passenger or commercial motor vehicle used in connection with the business.

(14) For a mixed occupancy dwelling, the off-street parking spaces required shall be the number of spaces required for that type of use (having dwelling, boarding or rooming units) which the upper stories of the mixed occupancy dwelling most nearly resemble.

B. Location of off-street parking spaces. The off-street parking spaces required by § 240-34A shall be provided on the same lot with the principal building or principal use and may be provided by a private garage or other like accessory building on the lot. The location on the lot of an off-street parking space and the design of an off-street parking space shall be governed by the regulations in §§ 240-51, 240-53 and 240-54. Exceptions:

(1) If in the opinion of the Department the physical circumstances or condition of the lot (such as the topography, slope or drainage of the lot or the irregularity, narrowness or shallowness of the lot in size or shape) preclude the safe design, construction or maintenance of off-street parking spaces, maneuvering areas or means of access, or make the same impractical; or

(2) If in the opinion of the Department the requirement that all of the off-street parking spaces to be provided on the lot would require that the maximum building area permitted by § 240-32A or B be decreased (or would require that the increase in the maximum building area otherwise permitted by the exception to § 240-32A be denied) in order to accommodate the parking spaces, and provided that the Department is satisfied that such yard regulations in § 240-33 as are applicable will be met, the open space fire aisle requirement in § 240-51 will be met, and in a case within the exception to § 240-32A, all conditions for the exception will be met, the requirement that all of the off-street parking spaces are to be provided on the same lot with the principal building or principal use may be modified or waived by the Department to the extent that it can be shown (upon such evidence as the Department deems sufficient) that off-street parking spaces can be provided:

(a) On a private parking lot in a C Commercial District or in an M Manufacturing and Industrial District and owned by the owner or operator of the principal building or use (or on a private parking lot in a C Commercial District or in an M Manufacturing and Industrial District and leased by such owner or operator for a period of not less than 10 years) and a substantial portion of which private parking lot is within 800 feet (by the most direct walking route) of the lot line of the lot containing the principal building or the principal use; or

(b) With respect to passenger motor vehicles only, on a municipal parking lot or if there is municipality metered parking, a substantial portion of which is within 800 feet (by the most direct walking route) of the lot line of the lot containing the principal building or the principal use.

[Amended 7-14-2008 by Ord. No. 2008-3]

(c) In the case of a single-family house, two-family house, boardinghouse or rooming house, row house, apartment house, conversion apartment house or multifamily house (or in the case of a mixed occupancy dwelling which resembles one of the foregoing), at a community garage, a substantial portion of which is within 800 feet (by the most direct walking route) of the lot line of the lot containing the principal building or the principal use.