Borough of Lewistown, PA Article VII C-1 Special Commercial Districts

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

§ 240-35 Applicability of regulations.

In C-1 Special Commercial Districts, the regulations which follow in this Article VIA and the regulations which are set forth in Parts 8 and 9 shall apply.

§ 240-36 Buildings or uses.

A. Single principal building or single principal use. Except as provided in Subsections B and C of this section, 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 or in a C Commercial District. (Buildings or uses permitted in an R-1 or R-2 Residential District by special exception are permitted as of right in a C-1 Special Commercial District, and no special exception permission by the Zoning Hearing Board is necessary or required.)

(2) Service echelon establishments: storage buildings, warehouses or storage yards for the storage of goods, products or items.

(3) Retail or wholesale jobbing or distributing establishments.

(4) Lumberyards or building supply houses which primarily sell at retail or wholesale such items as lumber, brick, cement, concrete or the like, or such items as building, plumbing or electrical equipment, materials, supplies and the like.

(5) Farm supply or equipment houses which primarily sell at retail or wholesale farm equipment, fertilizers, farm supplies and the like.

(6) Any other use which is substantially similar to a use described above in this Subsection A.

B. Multiple principal uses. A lot may be used, and a building on a lot may be used, for one or more of the principal uses set forth in § 240-29B, subject to the limitations as set forth therein.

C. Mixed occupancy dwelling as the single principal building. A lot may be used for one mixed occupancy dwelling as set forth in § 240-29C, C Commercial District.

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.

§ 240-37 Lot area for principal buildings or principal uses.

Section 240-30 under C Commercial District is incorporated herein by reference.

§ 240-38 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), incorporated herein by reference, 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 shall not exceed 65 feet.

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

§ 240-39 Building area.

The building area in a C-1 Commercial District shall be the same as in a C Commercial District pursuant to § 240-32 of this chapter. Accordingly:

A. The building area on a lot used for a building or use referred to in § 240-36A, or for a mixed occupancy dwelling under § 240-36C, 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 § 240-40 are met, and an exception to the on-lot parking spaces requirement is granted by the Department under § 240-41B, 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.

(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 Subsection A, no maximum building area is fixed.

§ 240-40 Front, side and rear yards for principal buildings.

A. Front yard.

(1) 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 § 240-40A(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 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 § 240-40B(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 § 240-40C(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.

§ 240-41 Off-street parking.

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 § 240-36A and for a mixed occupancy dwelling referred to in § 240-36C.

(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.

(15) For all other principal buildings or principal uses, off-street parking spaces shall be provided at the rate of one passenger vehicle parking space for each two employees (based on the maximum number of employees employed during any one six- to eight-hour period or shift during a calendar year); and one parking space for each passenger or commercial vehicle used in connection with the use of the premises; and one parking space for each 300 square feet of floor space related to any retail use of the premises.

B. Location of off-street parking spaces. The off-street parking spaces required by § 240-41A 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 § 240-40A or B be decreased (or would require that the increase in the maximum building area otherwise permitted by the exception to § 240-40A be denied) in order to accommodate the parking spaces, and provided that the Department is satisfied that such yard regulations in § 240-40 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 § 240-39A, 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 C-1 Special Commercial District or in an M Manufacturing and Industrial District owned by the owner or operator of the principal building or use (or on a private parking lot in a C Commercial District or C-1 Special Commercial District or in an M Manufacturing and Industrial District 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; or

(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.