A.
Public utility corporation. This chapter shall not apply to any lot
or to any existing or proposed building or extension thereof used
or to be used by a public utility corporation if, upon petition of
such corporation, the Pennsylvania Public Utility Commission shall,
after a public hearing, determine that the lot or the existing or
proposed building or extension thereof is reasonably necessary for
the convenience or welfare of the public.
B.
Borough of Lewistown. This chapter shall not apply to any lot or
to any existing or proposed building or extension thereof used or
to be used by the Borough of Lewistown if the Borough Council shall,
after a public hearing, determine that the lot or the existing or
proposed building or extension thereof is reasonably necessary for
the convenience or welfare of the public.
[Amended 3-24-1986 by Ord. No. 86-2]
A.
In order to permit reasonably unobstructed access by firemen and
firefighting equipment to a principal building (and conversely, in
order to permit reasonably unobstructed egress by persons in the building),
and irrespective of any other requirement for a yard or other open
space on a lot, any lot having a building shall have an open space
fire aisle not less than 12 feet wide and running from at least one
exit door of the principal building on the lot (or in the case of
multiple principal buildings on the lot, running from at least one
exit of each principal building) to the street line. In the case of
a community garage on a reverse lot, the open space fire aisle shall
run from the community garage to the alley.
B.
There is no requirement that the open space fire aisle follow a straight
line, be the shortest distance between points, or be graded or surfaced.
However, unusually circuitous fire aisles, excessive distances of
fire aisles between points, and fire aisles over steep slopes or rough
terrain are to be avoided. In the case of multiple principal buildings
on a lot, the open space fire aisle from one building may be linked
to the open space fire aisle from another building, and so on from
building to building on the lot.
C.
The open space fire aisle may be comprised of any open space or combination of open space on the lot as, for example, yards, vehicle access drives, vehicle maneuvering areas, driveways, sidewalks, unroofed patios, and off-street loading spaces. However, the following features are not permitted in the open space fire aisle: an off-street parking space (irrespective of whether the off-street parking space is outdoors and not covered with a roof), an outdoor swimming pool, or any other feature which would unreasonably obstruct day or night access or egress through the open space fire aisle. [See also § 240-53B(2), (3), (4), (5) and (8)(b).]
A.
Outer court. If an outer court is used or intended to be used to
provide light and ventilation for a room used or intended to be used
for cooking, living or sleeping purposes, the outer court shall be
not less than five feet wide and five feet deep at the floor level
of the lowest room served by the court, and both the width and the
depth of the outer court shall be increased four inches for each one
foot in height by which all the walls of the court extend above the
floor level next above the lowest room served by the court.
B.
Inner court. If an inner court is used or intended to be used to
provide light and ventilation for a room used or intended to be used
for cooking, living or sleeping purposes, the inner court shall be
not less than 10 feet wide and 10 feet deep at the floor level of
the lowest room served by the court, and both the width and the depth
of the inner court shall be increased six inches for each one foot
in height by which all the walls of the court extend above the floor
level next above the lowest room served by the court.
[Amended 3-24-1986 by Ord. No. 86-2]
A.
Permitted decrease of front yard. Where in any Residential District
more than 50% of the residential frontage of any block has been improved
as of September 13, 1954, with residential buildings having front
yards of a depth less than that required in that particular district,
the depth of a front yard for a proposed building in that block may
be decreased to a depth equal to the average of the front yard depths
of the existing residential buildings in the block.
B.
Yard and open space encroachments by buildings, structures and other
features. Every part of a required front yard, side yard and rear
yard (from their lowest points upward), and every part of any other
required open space (from its lowest point upward), shall be open
and unobstructed by any building or structure or part thereof, except
as follows:
(1)
Cornices, eaves, gutters, chimneys and flues may project not more
than two feet over or into any required yard or other required open
space, provided that pedestrian passage through the yard or open space
is not thereby obstructed.
(2)
Bay windows which do not extend through more than one story and do not obstruct pedestrian passage to or through any yard or open space, and do not obstruct pedestrian passage from one yard or open space to another, may project not more than five feet over or into any required yard or other required open space, except the open space fire aisle required under § 240-51, the open space required for an inner court under § 240-52B, and the clear sight distance triangle required under § 240-53B(8)(c).
(3)
Roofed (but otherwise unenclosed) steps from doorways opening to the outdoors and which do not obstruct pedestrian passage to or through any yard or open space, and which do not obstruct pedestrian passage from one yard or open space to another, may project not more than five feet into any required yard or other required open space, except the open space fire aisle required under § 240-51 and the clear sight distance triangle required under § 240-53B(8)(c).
(4)
Roofed (but otherwise unenclosed) porches, decks or terraces which do not extend through more than one story and are located at ground level, and which do not obstruct pedestrian passage to or through any yard or open space, and do not obstruct pedestrian passage from one yard or open space to another, may project not more than five feet into any required yard or other required open space, except the open space fire aisle required under § 240-51 and the clear sight distance triangle required under § 240-53B(8)(c).
(5)
Roofed (but otherwise unenclosed) fire balconies or fire escapes which do not obstruct pedestrian passage to or through any yard or open space, and do not obstruct pedestrian passage from one yard or open space to another, may project not more than five feet into any required yard or other required open space, except the open space fire aisle required under § 240-51 and the clear sight distance triangle required under § 240-53B(8)(c).
(6)
In a Residential District, an accessory building may be located in
one side yard if the maximum building area will not thereby be exceeded
and if the accessory building is completely detached from the principal
building and is located at least 10 feet back of the rear line of
the principal building as projected to the side lines of the lot.
However, in the case of a side yard along a street, no accessory building
shall be located in that side yard. In the case of a side yard along
an alley, an accessory building may be located in that side yard,
but the accessory building shall be located at least five feet from
the side line of the lot.
(7)
In a Residential District, an accessory building may be located in
a rear yard if the maximum building area will not thereby be exceeded
and if the accessory building is completely detached from the principal
building and is located at least 10 feet back of the rear line of
the principal building as projected to the side lines of the lot.
In the case of a rear yard along an alley, the accessory building
shall be located at least five feet from the rear line of the lot.
(8)
Walks; steps for negotiating ground slopes; retaining walls; post
and rail fences, chain-link fences, and other like noncuts; fences;
curtain fences or curtain walls; unroofed terraces or patios; structures
used for gardening, ornamental or recreational purposes; hedgerows,
shrubs, trees and other plantings; vehicle access drives and vehicle
maneuvering areas; and other like structures, services or features
which are customarily incidental to the principal building or principal
use are permitted in any required yards and other required open spaces,
except that:
(a)
Curtain fence or curtain wall. Except for a retaining wall,
no curtain fence or curtain wall shall be more than 6.5 feet in height
above: (1) the ground level of the fence or wall line or (2) the ground
level of that lot line of the abutting lot (or that right-of-way line
of the abutting street, alley, or the like) which the fence or wall
line will parallel, whichever ground level of (1) or (2) is the higher
— unless that part of the fence or wall which exceeds 6.5 in
height contains clear openings equal to not less than 40% of the area
of that part.
(b)
Open space fire aisle. No sign, fence, wall (other than a retaining wall), hedgerow or other structure, planting or feature which is more than three feet in height shall be located within the open space fire aisle required by § 240-51.
(c)
Clear sight distance triangle. In a Residential District, on
a corner lot at the intersection of two streets or two alleys or a
street and an alley, no sign, fence, wall, hedgerow or other structure,
planting or feature which is more than three feet in height shall
be located within the clear sight distance triangle. The clear sight
distance triangle is that triangular area on a corner lot (in a Residential
District) which is formed by the intersecting right-of-way lines of
streets or alleys and by a straight line drawn between the right-of-way
lines from points on the right-of-way lines which are six feet distant
from the point of intersection of the right-of-way lines.
C.
Yard and open space encroachments by off-street parking spaces.
(1)
Residential Districts. In a Residential District, no off-street parking space shall be located within five feet of the street line, and only the minimum number of off-street parking spaces which are required by this chapter for a particular building or use, plus one additional space, may be located in the front yard. No off-street parking space shall be located within three feet of the side lines of the lot or within five feet of the rear line of the lot. No off-street parking space shall be located within the open space fire aisle required by § 240-51. No off-street parking space shall be located so as to obstruct pedestrian passage from exit doorways to the outdoors, pedestrian passage to or through any yard or open space, or pedestrian passage from one yard or open space to another.
(2)
Commercial Districts and Manufacturing and Industrial Districts. In a Commercial District and in a Manufacturing and Industrial District, no off-street parking space shall be located within three feet of the street line. Any number of off-street parking spaces may be located in a front yard. However, no off-street parking space shall be located within the open space fire aisle required by § 240-51 or the direct access open space required by § 240-32A(1)(b). No off-street parking space shall be located so as to obstruct pedestrian passage from exit doorways to the outdoors, pedestrian passage to or through any yard or open space, or pedestrian passage from one yard or open space to another.
A.
Design standards. Each off-street parking space shall be not less
than eight feet in width and 18 feet in length. Each off-street loading
and unloading space shall be not less than 10 feet in width, 22 feet
in length, and 12 feet in height. All off-street parking spaces and
all off-street loading and unloading spaces shall be designed with
appropriate means of vehicular access to a street or alley and with
adequate maneuvering areas. Each space and each means of vehicular
access shall be paved with a compacted asphaltic, gravel, stone or
concrete surface; shall be excavated or graded so as to provide proper
drainage for surface water away from adjoining property; and shall
have such bumper guards or other safety barriers as the Department
in its opinion may determine necessary to protect persons or property.
No curb cut or driveway opening shall be made unless the cut or opening
is approved in accordance with other applicable ordinances. If lighting
is provided, it shall be arranged so that there will be no unreasonably
annoying glare to the occupants of adjacent property.
B.
Change in requirements. If there is a change in the use of a building
or lot or in the number of dwelling units, boarding or rooming units,
employees, patrons, guests or visitors (or other unit of measurement)
on the basis of which the off-street parking spaces or off-street
loading or unloading spaces required by this chapter were determined,
or in the parking-generating factors taken into account by the Department
if the number of off-street parking spaces was left to the decision
of the Department, and if such change creates a need for an increase
of more than 15% in the number of off-street parking spaces required
by this chapter or more than 15% in the number of off-street loading
and unloading spaces required by this chapter, the additional off-street
parking spaces or the additional off-street loading and unloading
spaces shall be provided within a reasonable time.
Because there is no land within the Borough of Lewistown to
accommodate agricultural or farming uses or uses or features customarily
incident thereto, and because of the existent residential, commercial,
manufacturing and industrial development within the Borough of Lewistown,
no chickens, ducks, pigeons or other fowl and no cows, goats, horses,
pigs, rabbits (other than pet rabbits not to exceed two) or other
livestock shall be kept or grazed in any Residential District, Commercial
District or Manufacturing and Industrial District.
[Amended 3-24-1986 by Ord. No. 86-2; 7-14-2008 by Ord. No. 2008-3]
A.
Residential Districts. Subject to the provisions of § 240-53B(8)(b) and (c), signs are permitted in Residential Districts, but only in the amounts, in the sizes and for the purposes set forth below. Signs shall be located only on the lot or tract to which the reason for the sign or the use of the sign relates. If a sign will be freestanding or will not be placed flush with the side of a building, wall or fence, the sign shall be located at least one foot from the street line in the case of house number signs and at least three feet from the street line in the case of announcement or advertising signs.
(1)
House number signs. One sign not more than 12 inches by 18 inches
for each house number, and bearing only the house number and the name
of the occupant or the name of the building or, in the case of a private
parking lot, the name of the owner.
(2)
Announcement and advertising signs.
(a)
One sign not more than six square feet, advertising the sale
or lease of the premises.
(b)
One sign not more than six square feet, advertising the fact
that the premises were sold or rented by the person effecting the
sale or lease.
(c)
Two signs, neither of which shall be more than 20 square feet,
advertising the fact that a subdivision is being developed and lots
are being sold.
(d)
Two signs, neither of which shall be more than 12 square feet,
advertising the fact that work is being done on the premises by a
building contractor, plumber, electrician, painter or other like mechanic
or artisan.
(e)
One sign not more than 20 square feet and bearing only the name
of a cemetery, church, library, museum, school, hospital, playground,
convalescent or nursing home, or nonprofit or municipal or public
institution.
(f)
One sign not more than 12 square feet and bearing only the name
of a funeral home.
(h)
One sign not more than 12 square feet or not more than two signs,
neither of which shall be more than six square feet, posting a private
parking lot against trespassers or violators.
(i)
One sign not more than eight inches by 24 inches and bearing
only the name and occupation of the individual conducting a permitted
home occupation or the name and profession of the individual maintaining
a permitted professional office or professional studio.
B.
C Commercial Districts. In commercial districts, the following signs
shall be permitted and no others:
[Amended 1-14-2019 by Ord. No. 2019-1]
(1)
Subject to the provisions of § 240-53B(8)(b), relating to open space fire aisle, and except as noted herein, signs are permitted in C Commercial Districts, but only for the purposes, of the sizes and as hereinafter limited.
(a)
Signs shall be located only on the lot or tract to which the
reason for the sign relates.
(c)
Signs indicating the existence of uses permitted on the premises
and giving directions to those uses are permitted.
(d)
Signs advertising the goods sold, the services rendered or the
activities located on the premises are permitted.
(2)
Each business or commercial establishment may erect advertising signs
under any of the following provisions:
(a)
Freestanding sign. One sign may be erected for a business of
single or separate ownership where such a sign is mounted within the
building setback area and is not connected with the building. The
total area at the face of such sign shall not exceed 40 square feet;
provided, however, that if a sign is erected having more than one
face, the combined total area of all faces shall not exceed 80 square
feet.
(b)
Wall signs. One or more signs may be attached to or mounted
on a building front, side or rear, provided that the total area of
such sign or signs does not exceed 1 1/2 square feet for each
one linear foot of the building front, side or rear upon which the
sign or signs are erected. However, every principal use shall be allowed
at least 35 square feet in total sign area for each building front,
side or rear; provided, however, that in no event shall the total
sign area on each building front, side or rear exceed 15% of the area
of the building face upon which said sign or signs are mounted.
(c)
Projecting sign. Up to three projecting signs may be erected
on a building front, side or rear for a business of single or separate
ownership where such signs are limited to nine square feet; provided
however, that if a sign is erected having two faces, the combined
total area of both faces shall not exceed 18 square feet. Signs projecting
over public walkways shall be permitted to do so only subject to a
clearance limit of eight feet from grade level to the bottom of the
sign or any associated sign structure, whichever is lower. No such
sign shall extend vertically above the highest point of the building
facade on which it is mounted.
(d)
Temporary banners. Each commercial establishment may mount to
the building front, side or rear of the building in which it conducts
business, a temporary banner of a size not to exceed three feet by
five feet, with the total square footage not to exceed 15 square feet,
subject to a clearance limit of eight feet from grade level to the
lowest portion of the temporary banner, under and subject to the following
circumstances and provisions:
[1]
A temporary banner advertising a special promotion or event
which may be erected no sooner than two weeks prior to such promotion
or event and must be removed not later that one business day after
such event. Each commercial establishment may display banners under
the authority of this subsection for not more than 60 days in any
calendar year.
[2]
In addition to banners displayed under the authority of Subsection B(2)(d)[1], a new commercial enterprise, an existing commercial enterprise which relocates to a new location or an existing commercial enterprise which opens an additional location may display a temporary banner on such new, relocated or additional location announcing "coming soon," or words of like import, for a period not exceeding 90 days prior to commencing business.
[3]
In addition to banners displayed under the authority of Subsection B(2)(d)[1] and [2] a new commercial enterprise, an existing commercial enterprise which relocates to a new location or an existing commercial enterprise which opens an additional location may display a temporary banner on such new, relocated or additional location announcing "grand opening," or words of like import, for a period not exceeding 30 days from the date of commencing business.
[4]
The content of temporary banners displayed under the authority of Subsection B(2)(d)[1] and [2] shall be limited to the event, i.e., "coming soon" or "grand opening" (or words of similar import), the name of the commercial enterprise, related logos and the date of the advertised event.
(e)
Flags. Flags with commercial advertising shall be permitted
as an accessory sign to a principal business or commercial establishment
sign authorized by this section. Accessory flags shall be subject
to all of the following provisions:
[1]
Clearly accessory to a permitted business or commercial establishment
sign.
[2]
In good condition.
[3]
Displayed only during business hours.
[4]
Inserted on a wall mount properly affixed to the building within
which such use is conducted, with the bottom or lowest portion of
the flag projecting or hanging no less than seven feet above the public
sidewalk or public street.
[5]
Do not project greater than six feet over the public right-of-way.
(f)
Portable freestanding signs. Portable freestanding signs shall
be permitted when accessory to a principal business or commercial
establishment subject to all of the following provisions:
[1]
Clearly accessory to, and placed adjacent to, a permitted business
or sign.
[2]
Limited to one portable freestanding sign per business establishment.
[3]
Contain a total area not exceeding two feet by three feet per
sign face.
[4]
Displayed only during business hours.
[5]
Placed on private property or placed on the public sidewalk,
provided that placement of such sign allows an unobstructed sidewalk
for pedestrian use of a width of not less than five feet; and provided,
further, that such sign is not placed within a "clear sight triangle"
as defined and established under the provisions of the Borough of
Lewistown's Subdivision and Land Development Ordinance.[1]
(g)
Shopping center signs. In addition to such signs as are permitted for individual establishments, there shall be permitted one freestanding sign on each frontage street, indicating the name of the shopping center, names of various establishments and schedules of events in the shopping center. This sign shall not exceed 150 square feet in size, per face of the sign; provided, further, however, that no individual establishment shall be permitted to erect an individual freestanding sign under § 240-56B(2)(a).
(h)
Auto service station signs. This use will be allowed one sign
in addition to all other signs allowed in commercial districts to
identify the price and type of fuel sold by the service station. In
addition, two portable signs not exceeding eight square feet on each
face may be displayed on the premises for the purpose of advertising
the cost of fuel or other products or services. The total area of
such sign shall not be included in calculating permitted sign size.
(3)
Dimensional restrictions relating to signs in the C Commercial District
shall apply to signs that exist as of the date of the adoption of
these restrictions, i.e., January 14, 2019.
C.
C-1 Special Commercial Districts.
(1)
Subject to the provisions of § 240-53B(8)(b), and except as noted and limited herein, signs are permitted in C-1 Special Commercial Districts.
(2)
Signs in any amount are permitted in a C-1 Special Commercial District
which indicate the existence of the uses permitted on the premises,
give directions to those uses or advertise the goods sold on the premises
or the activities located on the premises.
(3)
However, regardless of the number of street frontages, there shall
be no more than one sign on the premises which does not indicate the
existence of the uses permitted on the premises, does not give directions
to those uses or does not advertise the goods sold on the premises
or the activities located on the premises.
(4)
Signs in C-1 Special Commercial Districts shall not exceed an area
of 200 square feet on any one side, and the total area of such sign
shall not exceed 400 square feet.
D.
M Manufacturing and Industrial Districts.
(1)
Subject to the provisions of § 240-53B(8)(b), signs in any amount and for any purpose are permitted in Manufacturing and Industrial Districts.
(2)
Signs in M Manufacturing and Industrial Districts shall not exceed
an area of 200 square feet on any one side, and the total area of
such sign shall not exceed 400 square feet.
E.
General requirements for all signs. Signs in all zoning districts
shall comply with the following regulations:
(2)
Signs shall be removed when the reasons for their use no longer apply.
(3)
No sign shall be located so as to project into or over a sidewalk,
street or alley.
(a)
Exception. A theater marquee, building marquee, or awning which
bears only the house number or building number and the name of the
building or occupant or establishment — or a sign panel placed
flush with the side of a building, fence, wall or other structure
and which does not project more than (or which has bas relief or raised
characters which do not project more than) 15 inches from the side
of the building or other structure — may project over a sidewalk,
provided that: a) the marquee, awning or sign panel is located at
least 10 feet above the sidewalk; and b) in the case of a sign panel,
the characters painted on the sign panel (or the characters projecting
from the sign panel) can be read only from the front of that side
of the building or structure on which the panel has been placed.
(4)
No sign shall be placed or painted on the roof of a building, and
no sign shall be located so as to project over any roof.
(5)
No sign shall be located so as to obstruct any fire escape or fire
balcony, any exit doorway to the outdoors, any window, or any other
means of egress to the outdoors or to a fire escape or fire balcony.
(6)
Animated, sequential, flashing, rotating, revolving or oscillating
signs shall be permitted in C Commercial, C-1 Special Commercial and
M Manufacturing and Industrial Districts, provided that:
(a)
The area of any one side of any such sign shall not exceed 25
square feet.
(b)
The total area of any such sign shall not exceed 50 square feet.
(c)
No such sign shall be greater than eight feet in length.
(d)
No such sign shall be located within 100 feet of an intersection
of streets or roads regulated by traffic lights, signals or other
electronic traffic controls.
(e)
Such sign shall not have rotating, revolving or flashing lights
which by reason of intensity, color, design or otherwise are similar
to authorized visual signals on police and/or emergency vehicles as
required by the Pennsylvania Vehicle Code, 75 Pa.C.S.A. §§ 4571
to 4573, inclusive, as amended or supplemented from time to time,
and per the regulations thereunder, 67 Pa. Code §§ 173.1
to 173.6, inclusive, as amended or supplemented from time to time.
(f)
Such sign shall not exceed a frequency of flashes in excess
of one flash every three seconds.
(g)
Animated, sequential, flashing, rotating, revolving or oscillating
signs shall at all times have the animated, sequential, flashing,
rotating, revolving or oscillating message displayed on a stationary
background. (NOTE: The reason for this requirement is due to the distraction
of motorists and the adverse public safety effect which would exist
as a result of an ever-changing, moving or animated background being
behind the messages displayed.)
(h)
Such sign shall at all times be located so that it does not
interfere with traffic lights, signals or other controls, or abrogate
or endanger the public health, safety and welfare.
(7)
Building height for signs.
(a)
In a Residential District, the building height of a freestanding
or free-hanging sign shall not exceed 12 feet. In a C Commercial District
or a C-1 Special Commercial District, the building height of a freestanding
or free-hanging sign shall not exceed the height of the principal
building on the premises or 35 feet, whichever is greater, or if there
is not a principal building on the premises, 35 feet. In an M Manufacturing
and Industrial District, the building height of a freestanding or
free-hanging sign shall not exceed 65 feet.
(b)
The term "freestanding or free-hanging sign," or words of similar
import, shall mean a sign which is not painted on a building, fence,
wall or other structure or a sign which is not placed flush with the
side of a building, fence, wall or other structure. A sign which is
erected on a vertical stand or suspended from a horizontal arm (or
which otherwise requires vertical or horizontal support or bracing)
or a sign panel which projects more than (or which has bas relief
or raised characters which project more than) 15 inches from the side
of a building, fence, wall or other structure shall be deemed to be
a "freestanding or free-hanging sign."
Except as provided in Article X:
A.
Conformity of uses. No building, structure, lot or premises shall
be used or occupied, and no building or structure shall be constructed,
erected, located, reconstructed, expanded, extended or altered, except
in conformity to and in compliance with the regulations on use prescribed
for the zoning district in which it is located.
B.
Conformity of buildings or structures. No building or structure shall
be constructed, erected, located, reconstructed, expanded, extended
or altered so as to produce smaller lot areas, smaller lot widths,
greater heights, greater building areas, smaller yards or smaller
open spaces than are established by the regulations for the zoning
district in which it is located.
C.
Conformity of yards and other open spaces. No yard, court or other
open space, or any part thereof, shall be included as a part of the
yard, court or other open space similarly required for any other building,
structure, lot or use.
