Borough of Dalton, PA District Regulations

Editor's Note: See Ch. 197, Floodplain Management.

Editor's Note: The Zoning Map is on file in the Borough offices.

District regulations are of two types, use regulations and development standards, which shall apply to any proposed new use, expansion of an existing use or change of use of any land or structure.

Use regulations. District use regulations are provided in the following Schedule of Uses.

(1)

Permits for principal permitted uses and accessory uses shall be issued by the Zoning Officer, provided such uses comply with the standards in this chapter.

(2)

Conditional uses and special exception uses shall be subject to the additional review procedures and criteria as specified in this chapter.

(3)

No land and no structure in a particular zoning district shall be used for any use which is not specifically listed on the Schedule of Uses for that particular district and only in accord with all other requirements of this chapter. Larger lot sizes, greater setbacks, buffers and other more restrictive standards may be required by other provisions of this chapter. In cases where this chapter provides different requirements for the same use, the most restrictive requirement shall apply.

Schedule of Uses R-1 — One-Family Residential District
INTENT: To provide areas adequate to accommodate the Borough's single-family dwelling needs and limiting unnecessary intrusions of incompatible uses which might pose a threat to the health, safety or welfare of families and individuals occupying said housing, and to allow certain public and semipublic uses compatible with residential neighborhoods.
Principal Permitted Uses (Zoning Officer)	Conditional Uses (Planning Commission/Council)	Accessory Uses (Zoning Officer)
Borough facilities and uses Forestry enterprises Group homes (see § 400-23) Single-family detached dwellings	Day care, adult and child Home occupations unless classified as an accessory use by § 400-17C(13) Golf courses as part of a residential development, excluding miniature golf and golf driving ranges	Accessory uses customary to approved uses Communications antenna attached to an existing structure in accord with § 400-37 Essential services Home gardens, home greenhouses and home nurseries Private garages, carports, sheds
	Special Exceptions (Planning Commission/ZHB) Public and semipublic buildings and uses Schools, public and private, primary and secondary	Private stables Private swimming pools Required parking areas Signs accessory to approved uses Satellite dish antennas Yard sales

NOTES:
•	Uses not specifically listed by this schedule shall not be permitted in the R-1 District.
•	Larger lot size may be required by other sections of this chapter.

Schedule of Uses R-R — Rural Residential District
INTENT: To permit all types of agriculture, single-family-detached dwellings and certain commercial uses not appropriate for other districts.
Principal Permitted Uses (Zoning Officer)	Conditional Uses (Planning Commission/Council)	Special Exceptions (Planning Commission/ZHB)
Borough facilities and uses Crop production Day care, adult and child, not exceeding 6 individuals Forestry enterprises	Airports Animal hospitals Archery ranges, outdoor Bed-and-breakfast establishments	Public and semipublic buildings and uses Schools, public and private, primary and secondary
Group homes (see § 400-23) Livestock operations Retail sales of agricultural commodities in accord with 3 P.S. § 951 et seq., the PA Right to Farm Law Single-family detached dwellings	Campgrounds and recreational vehicle parks Cemeteries and mausoleums Colleges and universities Communications towers and antennas Commercial greenhouses and nurseries	Accessory Uses (Zoning Officer) Accessory uses customary to approved uses Communications antenna attached to an existing structure in accord with § 400-37
	Country clubs Day care, adult and child Golf courses, excluding miniature golf and golf driving ranges Home occupations, unless classified as an accessory use by § 400-17C(13)	Essential services Home gardens, home greenhouses and home nurseries Private garages, carports, sheds Private stables Private swimming pools Required parking areas
	Kennels Mineral extraction Mineral extraction, minor Mobile home parks Places of worship Racetracks Sawmills	Signs accessory to approved uses Satellite dish antennas Yard sales
	Shooting ranges, outdoor Stables, commercial Storage yard for forest products and stone Veterinary clinics Wind farms Zoos, menageries, wild and exotic animals

NOTES:
•	Uses not specifically listed by this schedule shall not be permitted in the R-R District.
•	Larger lot sizes may be required for certain uses by other sections of this chapter.

Schedule of Uses R-2 — Medium-Density Residential District
INTENT: To provide areas adequate to accommodate the Borough's single-family and two-family dwelling needs and limiting unnecessary intrusions of incompatible uses which might pose a threat to the health, safety or welfare of families and individuals occupying said housing and to allow certain commercial, public and semipublic uses compatible with residential neighborhoods.
Principal Permitted Uses (Zoning Officer)	Conditional Uses (Planning Commission/Council)	Accessory Uses (Zoning Officer)
Borough facilities and uses Forestry enterprises Group homes (see § 400-23) Single-family detached dwellings	Bed-and-breakfast establishments Day care, adult and child Cemeteries and mausoleums Country clubs	Accessory uses customary to approved uses Communications antenna attached to an existing structure in accord with § 400-37
Two-family dwellings	Golf courses, excluding miniature golf and golf driving ranges Home occupations, unless classified as an accessory use by § 400-17C(13)	Essential services Home gardens, home greenhouses and home nurseries Private garages, carports, sheds Private swimming pools Required parking areas
	Medical clinics Multifamily dwellings and projects Places of worship	Signs accessory to approved uses Satellite dish antennas Yard sales
	Special Exceptions (Planning Commission/ZHB) Public and semipublic buildings and uses Schools, public and private, primary and secondary

NOTES:
•	Uses not specifically listed by this schedule shall not be permitted in the R-2 District.
•	Larger lot size may be required by other sections of this chapter.

Schedule of Uses C-1 — Village Commercial District
INTENT: To recognize the existing extent and character of uses in the central business district and to provide areas for the location of residential dwellings and businesses and commercial enterprises compatible to the village setting.
Principal Permitted Uses (Zoning Officer)	Conditional Uses (Planning Commission/Council)	Special Exceptions (Planning Commission/ZHB)
Bed-and-breakfast establishments Boarding and lodging houses Borough facilities and uses Day care, adult and child	Abused person shelters Banks Colleges and universities Funeral parlors Health facilities	Public and semipublic buildings and uses Schools, public and private, primary and secondary
Group homes Medical clinics Office buildings Professional offices Recycling units, mobile Restaurants, traditional Retail businesses	Home occupations, unless classified as an accessory use by § 400-17C(13) Mixed commercial/residential use (see § 400-16)	Accessory Uses (Zoning Officer) Accessory uses customary to approved uses Essential services Home gardens, home greenhouses and home nurseries
Service establishments Single-family detached dwellings Studios Two-family dwellings	Multifamily dwellings Private schools Recycling collection facilities, small Self-storage facilities	Private garages, carports, sheds Private swimming pools Required parking areas Signs accessory to approved uses
	Taverns Theaters Veterinary clinics Wholesale businesses	Satellite dish antennas Yard sales

NOTES:
•	Uses not specifically listed by this schedule shall not be permitted in the C-1 District.
•	Larger lot size may be required by other sections of this chapter.

Schedule of Uses C-2 — Highway Commercial District
INTENT: To provide for higher-intensity commercial uses in a location with access to Route 6, which serves as the area's major arterial highway.
Principal Permitted Uses (Zoning Officer)	Conditional Uses (Planning Commission/Council)	Special Exceptions (Planning Commission/ZHB)
Amusement arcades Bed-and-breakfast establishments Boarding and lodging houses Borough facilities and uses	Abused persons shelter Banks Betting uses Bus terminals Car and truck washes	Public and semipublic buildings and uses Schools, public and private, primary and secondary
Clubs/lodges, private Day care, child and adult Forestry enterprises Funeral parlors Group homes (See § 400-23)	Cemeteries and mausoleums Colleges and universities Commercial communications devices Country clubs Detention facilities	Accessory Uses (Zoning Officer) Accessory uses customary to approved uses Essential services Home gardens, home
Medical clinics Office buildings Places of worship Professional offices Recycling units, mobile	Flea markets Funeral parlors Gasoline service station Golf courses Golf courses, miniature	greenhouses and home nurseries Private garages, carports, sheds Private stables Private swimming pools Required parking areas
Restaurants, traditional Retail businesses Service establishments	Golf driving ranges Greenhouses, commercial Health facilities	Signs accessory to approved uses Satellite dish antennas
Studios Taverns Veterinary clinics Wholesale businesses	Home occupations, unless classified as an accessory use by § 400-17C(13)	Yard sales
	Hotels Manufacturing, light Motels Multifamily dwellings and projects
	Recreational facilities, private Recycling collection facilities, small Restaurants, fast-food Self-storage facilities
	Shopping centers and malls Single-family detached dwellings Storage yard for forest products and minerals Temporary commercial uses Theaters
	Treatment centers/clinics Two-family dwellings Vehicle or equipment rental, repair or sales operation Warehouses

NOTES:
•	Uses not specifically listed by this schedule shall not be permitted in the C-2 District.
•	Larger lot size may be required by other sections of this chapter.

Schedule of Uses M-1 — Manufacturing District
INTENT: To provide for manufacturing and industrial uses in a location that will minimize conflicts with residential uses and to allow other commercial uses not incompatible with manufacturing and industry.
Principal Permitted Uses (Zoning Officer)	Conditional Uses (Planning Commission/Council)	Special Exceptions (Planning Commission/ZHB)
Amusement arcades Bed-and-breakfast establishments Boarding and lodging houses Borough facilities and uses	All conditional uses in the C-2 District, except dwellings Adult businesses Agricultural products processing	Public and semipublic buildings and uses Schools, public and private, primary and secondary
Clubs/lodges, private Day care, child and adult Forestry enterprises Funeral parlors	Amusement parks Bulk-fuel-storage facilities Construction and trades contractors Crematoria	Accessory Uses (Zoning Officer) Accessory uses customary to approved uses
Group homes (see § 400-23) Medical clinics Office buildings Places of worship Professional offices	Detention facilities Junkyards Manufacturing and industry Manufacturing, light Mineral processing	Essential services Home gardens, home greenhouses and home nurseries Private garages, carports, sheds Private stables
Recycling units, mobile Restaurants, traditional Retail businesses Service establishments Studios	Recycling facilities Self-storage facilities Solid waste facilities, commercial and public Solid waste staging areas	Private swimming pools Required parking areas Signs accessory to approved uses Satellite dish antennas Yard sales
Taverns Veterinary clinics Wholesale businesses	Truck terminals Warehouses

NOTES:
•	Uses not specifically listed by this schedule shall not be permitted in the M-1 District.
•	Larger lot size may be required by other sections of this chapter.

Proposed uses not specified in chapter.

(1)

Jurisdiction. Whenever a proposed use for a particular parcel is not listed as a use allowed in any of the various zoning districts established under this chapter and an application is made to the Zoning Officer for such use, the application shall be submitted to the Zoning Hearing Board, which shall have the authority to permit the use or deny the use as a special exception on an individual basis.

(2)

Findings. The use may be permitted only if the Zoning Hearing Board makes all of the following findings, and the burden of proof shall be upon the applicant:

(a)

The use is similar to and compatible with the uses listed for the subject zoning district by the Schedule of Use Regulations.

(b)

The use in no way conflicts with the intent of the zoning district and the general purpose and intent of this chapter.

(c)

The use is not allowed in any other zoning district.

(3)

Planning Commission review. At the time the application is submitted to the Zoning Hearing Board, the Zoning Officer shall also provide a copy to the Borough Planning Commission for its recommendation. The Zoning Hearing Board shall not conduct a public hearing on the application until the comments from the Planning Commission are received or 30 days have passed from the time the application was referred to the Planning Commission.

(4)

Conditions. In its decision, the Zoning Hearing Board may attach reasonable conditions and safeguards to any special exception approval granted, incorporating standards in this chapter 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 chapter and the Pennsylvania Municipalities Planning Code.[1]

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

Development standards. The Schedule of Development Standards, which follows, establishes minimum standards for lot area, lot depth, average lot width and front, side and rear yards and establishes maximum standards for building height and lot coverage. The standards also establish specific standards and criteria that apply to the use as may be appropriate to protect the public health, safety and welfare. Larger lot sizes, increased setbacks and other more-restrictive standards may be required in accord with other chapter sections.

Schedule of Development Standards Single-Family Dwellings and Permitted Nonresidential Uses — R-R, R-1 and R-2 Districts
				Served by Central/ Community Sewage
Standards (other provisions of this chapter may require more-restrictive standards)		All Lots in R-1 and R-2 Served by On-Lot Sewage	All Lots in R-R	R-1	R-2
Minimum lot size (square feet)		43,560	80,000	30,000	20,000
Minimum lot frontage (feet)		150	200	125	100
Maximum lot depth-to-width ratio		4:1	4:1	4:1	4:1
Minimum yards (feet)
	Front yard	50	50	50	30
	Rear yard	50	50	50	40
	Side yard (one)	25	25	25	12
	Side yard (total combined)	50	50	50	40
Maximum lot coverage (percent)		20%	15%	25%	30%
Maximum building height
	Stories	2.5	2.5	2.5	2.5
	Feet	35	35	35	35

Schedule of Development Standards
Two-Family Dwellings — All Districts Where Permitted
		Served by On-Lot Sewage		Served by Central/Community Sewage
Type of Structure		Side-by-Side	Over-Under	Side-by-Side	Over-Under
Minimum lot size (square feet per unit)		43,560	43,560	10,000	10,000
Minimum lot frontage (feet)		200	150	100	85
Maximum lot depth-to-width ratio		4:1	4:1	4:1	4:1
Minimum yards (feet)
	Front yard	30	30	30	30
	Rear yard	40	40	40	40
	Side yard (one)	12	12	12	12
	Side yard (total combined)	40	40	40	40
Maximum lot coverage (percent)		30%	30%	25%	30%
Maximum building height
	Stories	2.5	2.5	2.5	2.5
	Feet	35	35	35	35
Multifamily dwellings — See § 400-21
Mobile home parks — See § 400-25

Schedule of Development Standards C-1, C-2 and M-1 Districts
			Where Permitted, Single-Family Dwellings with Central/Community Sewage Disposal and All Other Uses Permitted
Standards (other provisions of this chapter may require more-restrictive standards)		Where Permitted, Single-Family Dwellings with On-Lot Sewage	C-1	C-2	M-1
Minimum lot size (square feet)		43,560	10,000	20,000	20,000
Minimum lot frontage (feet)		150	50	100	100
Minimum lot depth (feet)		None	100	150	150
Maximum lot depth-to-width ratio		4:1	4:1	4:1	4:1
Minimum yards (feet)
	Front yard	50	0	25	50
	Rear yard	50	10	25	50
	Side yard	25	5*	15	20

*	May be reduced to 0 feet for common walls of nonresidential buildings.

			Nonresidential Uses
		Single-Family Dwellings with On-Lot Sewage	C-1	C-2	M-1
Maximum lot coverage (percent) — Single-family dwellings		20%	40%	NA	NA
Maximum lot coverage (percent) — Nonresidential uses, C-1 and C-2 — 10% of parking areas must be landscaped islands		NA	100%	75%	75%
Maximum building height
	Stories	2.5	3	3	3
	Feet	35	40	40	40

	R-1	One-Family Residential District
	R-R	Rural Residential District
	R-2	Medium Density Residential
	C-1	Village Commercial
	C-2	Highway Commercial
	M-1	Manufacturing