The regulations set by this chapter within each district shall
be minimum regulations and shall apply uniformly to each class of
uses or structures within each district, except as hereinafter provided:
A.
No building, structure, or land shall hereafter be used or occupied,
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved, structurally altered, razed, demolished
or enlarged except in conformity with all the regulations herein specified
for the district in which it is located.
B.
No building or other structure shall hereafter be erected or altered
to exceed the height or bulk; to accommodate or house a greater number
of families; to occupy a greater percentage of lot area; to have narrower
or smaller rear yards, front yards, side yards, or other open spaces
than herein required; or in any other manner contrary to the provisions
of this chapter.
C.
No part of a yard, or other open space, or off-street parking or
loading space required about or in connection with any building for
the purpose of complying with this chapter, shall be included as part
of a yard, open space, off-street parking or loading space similarly
required for any other building.
D.
No yard or lot existing at the time of passage of this chapter shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
chapter shall meet at least the minimum requirements established by
this chapter.
E.
Lot size adjustments. The minimum lot area required in this chapter
shall be increased as required to meet DEP requirements for on-lot
water supply and sewage disposal. Such determinations will be made
by the PA DEP through its sewage module review process.
F.
Interpretation
and uses not regulated.
[Added 2-6-2023 by Ord. No. 2023-01]
(1)
Minimum
requirements. Where more than one provision of this section controls
a particular matter, the provision that is more restrictive upon uses
and structures shall apply.
(2)
Uses
not specifically regulated. This section addresses by special exception
a proposed use which is neither specifically permitted nor specifically
denied in any Zoning or Overlay district established under this section.
(a)
Jurisdiction. An application shall be made to the Zoning Hearing
Board which shall have the authority to permit the use or deny the
use as a special exception.
(b)
Findings. The use may be permitted only if the Zoning Hearing Board
makes all of the following findings; and, the burden on proof shall
be upon the applicant:
[1]
The use is similar to and compatible with the uses listed for the
subject zoning district by the Schedule of Use Regulations.
[2]
The use in no way conflicts with the intent of the zoning district
or overlay district and the general purpose and intent of this Zoning
Ordinance.
[3]
The use is not permitted in any other zoning district in the Planning
Area.
[4]
The use where proposed would be consistent with the Pocono Township
Comprehensive Plan.
(3)
Planning
Commission. At the time the application is submitted to the Zoning
Hearing Board, the Zoning Officer shall also provide a copy to the
Township Planning Commission for review and recommendation. The Zoning
Hearing Board shall not conduct a public hearing on the application
until 30 days have passed from the time the application was referred
to the Township Planning Commission.
(4)
Conditions.
The Zoning Hearing Board may attach reasonable conditions and safeguards
to any special exception approval granted for a use not specified
in the Schedule of Uses, incorporating standards in this Zoning Ordinance
for similar uses in the district and such other conditions as the
Zoning Hearing Board may deem necessary to protect and promote the
public health, safety, morals and welfare and to implement the purposes
of this Zoning Ordinance and the Pennsylvania Municipalities Planning
Code.
A.
Intended purpose. The regulations for this district are intended
to provide suburban residential areas in the Township with limited
public utility services where low-density single-family residential
development may occur. Higher densities at a future date would be
contingent upon the provision of public water and sewer service.
B.
Uses and structures.
(1)
A.
Intended purpose. The regulations for this district are intended
to provide suburban residential areas in the Township with limited
public utility services where medium-density residential development
may occur. Higher densities at a future date would be contingent upon
the provision of public water and sewer service.
B.
Uses and structures.
A.
Intended purpose. The regulations of this district are intended to
maximize open space while allowing for recreational activities that
generate employment, retail trade, retail services, tourism, and related
dining/lodging and entertainment uses.
B.
Uses and structures.
(1)
Permitted uses by right:
(a)
Transient dwelling accommodations including hotels, motels,
resorts and lodges. (Excludes bed-and-breakfast establishments and
boardinghouses, see conditional uses below.)
(b)
Commercial indoor and outdoor recreational and entertainment uses (See § 470-75.), including:
[1]
Amusement parks.
[2]
Boating and canoeing.
[3]
Carnivals and fairs of temporary nature.
[4]
Golf courses.
[6]
Ice skating rink(s).
[7]
Indoor shooting ranges.
[10]
Paintball playground.
[11]
Ski resorts.
[12]
Ski trails and slopes.
[13]
Social halls.
[14]
Swimming pools.
[16]
Tennis courts.
[17]
Water parks.
[18]
Water slides.
(c)
Retail establishments specifically related to the service of tourists, vacationers and visiting public and including the following (See § 470-74.):
[1]
Archery shops.
[2]
Bait and tackle shops.
[3]
Camper/recreational vehicles - sales and service.
[4]
Fishing equipment.
[5]
Gift shops.
[6]
Golf shops.
[7]
Gun shops.
[8]
Hunting equipment.
[9]
Marinas - sales and service.
[10]
Motorcycle shops/retail.
[11]
Ski shops.
[12]
Snowmobile/retail.
[13]
Sport-related clothing shop.
[14]
Sporting goods shops.
[15]
Water ski shops.
(f)
Single-family dwellings.
(g)
Two-family dwellings.
(h)
Multifamily dwellings.
(l)
Open space.
A.
Intended purpose. This district is designed for commercial uses that
are dependent on highway traffic or need open areas for display of
merchandise.
B.
Uses and structures.
(1)
Permitted uses by right:
(a)
Single-family dwellings.
(b)
Two-family dwellings.
(c)
Multifamily dwellings.
(d)
Open space.
(i)
Banks, savings and loan associations, finance companies and similar types of businesses. (See § 470-74.)
(k)
Offices of plumbers, masons, carpenters, heating contractors and similar trades. (See § 470-74.)
(l)
Offices or laboratories for scientific, agricultural, or industrial
research and development.
(m)
Retail business establishments for the sale of goods such as, but not limited to, antiques, appliances, audio/video, beverages, bicycles, books, clothing, confections, drugs, dry goods, flowers, food, furniture, gifts, hardware, jewelry, liquor, machinery, motorcycles, newspapers, notions, office equipment, paint, personal and household supplies, photographic supplies, sporting goods, stationery and tobacco. (See § 470-74.)
(n)
Shops for the repair of goods permitted to be sold by retail business
establishments above. All activities shall be performed and all parts
stored within the building or screened from view so as not to be visible
from public streets or adjacent properties.
(o)
Retail establishments specifically related to the service of tourists, vacationers and visiting public. [See §§ 470-19B(1)(c) and 470-74.]
(q)
Wholesale produce and meat markets, mechanical equipment repair establishments,
dry-cleaning and dyeing plants, carpet and rug cleaning establishments,
laundries, sign painting, blueprinting and graphic reproduction shops,
printing and publishing establishments, radio and television studios.
[Amended 2-6-2023 by Ord. No. 2023-01]
(aa)
Entertainment and recreational uses, including theaters, night clubs (See § 470-77.), art galleries, cultural establishments, skating rinks, billiard parlors, social halls and swimming pools.
(ii)
Transient dwelling accommodations including hotels, motels, and lodges.
(pp)
Vehicle parking lot or garage.
(2)
C.
A.
Intended purpose. The regulations of this district are intended to
maximize industrial potential while ensuring compatibility with the
surrounding districts. The nature of such uses is not always compatible
or desirable in residential neighborhoods, and they are often better
located in areas which provide greater visibility and vehicular access.
New residential development is excluded from this district, both to
protect residences from an undesirable environment and to ensure the
reservation of adequate areas for industrial development.
B.
Uses and structures.
(1)
Permitted uses by right.
(a)
Heavy commercial uses, which shall be carried on in a completely
enclosed building, except for off-street parking and loading facilities,
including wholesale businesses and warehouses, except bulk storage
of chemicals, petroleum products and other flammable explosives, or
noxious materials.
(b)
Heavy commercial uses, which shall be carried on in a completely
enclosed building, except for off-street parking and loading facilities,
mechanical and vehicle equipment repair establishments and dry-cleaning
and dyeing plants.
(c)
Heavy commercial uses which do not require complete enclosure
in a building include building materials, new and used machinery storage
and sales, vehicle and trailer sales and storage, farm equipment and
construction machinery establishments.
(d)
Manufacturing, compounding, processing, packaging or treatment
of such products as bakery goods, candy, cosmetics, dairy products,
drugs, perfumes, pharmaceuticals, toiletries, food products, beverages,
confections, ceramics, clothing, plastics, electrical goods, furniture,
hardware, tools, dies, patterns, professional and scientific instruments,
handicraft products, electronics and small parts assembly and/or manufacture.
(e)
Offices or laboratories for scientific, agricultural, or industrial
research and development.
(l)
General industrial uses, which include the storage, manufacture,
assembly, fabrication, packing, testing or other handling of products
from raw materials and from other previously prepared materials, not
including retail activity.
(n)
Accessory uses, including such uses as the following: stockpiling; storage, maintenance and repair of construction and mining vehicles and equipment used for mineral recovery; sales of quarry or mining products; administrative offices; helipads (See § 470-62.); and asphalt manufacturing plants.
(r)
Open space.
(2)
Special exception uses. The following uses are permitted subject to the review and approval by the Zoning Hearing Board. (See § 470-37.)
(3)
Conditional uses. The following uses are permitted subject to the issuance of a conditional use permit by the Board of Commissioners. (See § 470-38.):
D.
Parking and loading requirements. Off-street parking and loading requirements shall be provided in accordance with § 470-34 of this chapter.
F.
General performance standards.
(1)
All uses within the I Industrial District shall comply with the following
general performance standards.
(a)
Odor. No emission of unpleasant gases or other odorous matter
shall be permitted in such quantity as to be offensive outside the
lot lines of the tract.
(b)
Toxic gases. The emission of noxious, toxic or corrosive gases
or fumes injurious to persons, animals, property or vegetation is
prohibited.
(c)
Glare and heat. No use shall produce glare which is visible,
or heat which is detectable, beyond the property line of the lot on
which the operation is located. Direct glare from any lights shall
not exceed 0.1 horizontal footcandle measured at the property line.
At designated vehicular entrances/exits, a maximum illumination level
of 0.5 horizontal footcandle shall be allowed, provided said area
of illumination is limited to said property and adjoining pavement
and right(s)-of-way of public streets. The area of illumination shall
not extend beyond 50 feet from the center line of the designated entrance/exit
in any direction along the property line(s) of said property.
(d)
Liquid wastes or sewage. No discharge is permitted except in
accordance with all applicable local, county, state and federal, ordinances,
laws, rules and regulations.
(e)
Vibration. Vibration shall not be perceptible except for not
more than two minutes per hour from 7:00 a.m. to 5:00 p.m. beyond
the lot line.
(f)
Noise. No noise shall exceed the decibel levels in the designated
octave band shown below, except for emergency alarms or signals.
Octave Band Cycles per Second
|
Maximum Sound Level in Decibels Along Residential District
Boundary
|
Maximum Sound Level in Decibels Along Property Line Other
Than Residential District Boundary
| |
---|---|---|---|
10 to 600
|
50
|
55
| |
600 to 2,400
|
38
|
40
| |
2,400 to 4,800
|
35
|
38
| |
Above 4,800
|
32
|
38
|
(g)
Emissions. All emissions shall be in compliance with all applicable
local, county, state and federal ordinances, laws, rules, and regulations.
A.
Intended purpose. The regulations for this district are intended
to provide open space areas in the Township.
B.
Uses and structures.
(1)
Permitted uses by right.
(a)
State game lands.
(b)
State park areas.
(c)
Game preserves.
(d)
Game refuges.
(e)
Wildlife sanctuaries.
(f)
Bird and/or waterfowl sanctuaries.
(g)
Noncommercial public parking areas for the above permitted uses.
(h)
Nondwelling structures or buildings used for office space, display,
lecture auditoriums, and other customary uses provided such are clearly
incidental to the above permitted uses.
(i)
Open space.
(l)
Conservation.
C.
[Added 2-6-2023 by Ord. No. 2023-01]
A.
Intent.
To provide for warehousing and distribution in a manner that is compatible
with any nearby homes. To carefully control these type of operations
to avoid nuisances (such as excessive noise) and hazards. To encourage
coordinated development, particularly in regard to traffic access.
(See Attachment 4, EP Overlay District Map.[1])
[1]
Editor's Note: Attachment 4 is included as an attachment to this chapter.
C.
Lot,
yard, and height requirements.
(1)
All lot, yard, and height requirements shall be the same as those
within the underlying zoning district.