A.
Except as provided by law or in this chapter, in each
district, no building, structure or land shall be used or occupied
except for the purposes permitted in the applicable zoning district
and in accordance with the supplemental use regulations of this article.
Unless otherwise specified in this chapter, on any property, parcel
or tract of land, only one principal use shall be permitted.
B.
Uses specifically regulated in this article include
the following:
|
Reference
|
Type of Use
| ||
|---|---|---|---|
|
Accessory uses and structures
| |||
|
§ 224-59B, Residential accessory uses and structures
| |||
|
(1)
|
Customary
| ||
|
(2)
|
Ancillary:
| ||
|
(a)
|
Residential rooming accommodations
| ||
|
(b)
|
Accessory apartments
| ||
|
(c)
|
Home occupations (including home day care and
bed-and-breakfast inn)
| ||
|
(3)
|
Temporary
| ||
|
(4)
|
Prohibited
| ||
|
§ 224-59C, Nonresidential accessory uses and structures
| |||
|
(1)
|
Customary
| ||
|
(2)
|
Ancillary
| ||
|
(3)
|
Temporary
| ||
|
(4)
|
Prohibited
| ||
|
Principal uses and structures
| |||
|
§ 224-60A, Residential uses
| |||
|
(1)
|
Multifamily
| ||
|
(2)
|
Mobile home park
| ||
|
§ 224-60B, Public/institutional uses
| |||
|
(1)
|
Day-care center
| ||
|
(2)
|
School/educational facility
| ||
|
(3)
|
Rooming/boarding house
| ||
|
(4)
|
Group quarters
| ||
|
(5)
|
Life-care facility
| ||
|
(6)
|
Nursing home
| ||
|
(7)
|
Hospital
| ||
|
(8)
|
Community utility
| ||
|
(9)
|
Radio, television or microwave transmitter
| ||
|
§ 224-60C, Commercial uses
| |||
|
(1)
|
Retail center/retail complex
| ||
|
(2)
|
Restaurant, fast-food
| ||
|
(3)
|
Restaurant, with drive-through
| ||
|
(4)
|
Financial institution, with drive-through
| ||
|
(5)
|
Auto service/gas station/car wash facility
| ||
|
(6)
|
Amusement hall/arcade
| ||
|
(7)
|
Adult commercial
| ||
|
(8)
|
Office center/office park
| ||
|
§ 224-60D, Industrial uses
| |||
|
(1)
|
Industrial center
| ||
|
(2)
|
Industrial park
| ||
|
(3)
|
Miniwarehouse/public warehouse
| ||
|
(4)
|
Recycling center
| ||
|
(5)
|
Junkyard
| ||
|
(6)
|
Transfer station
| ||
|
(7)
|
Solid waste landfill
| ||
|
(8)
|
Solid waste incinerator
| ||
|
Conversion of uses
| |||
|
§ 224-61A, Residential conversions
| |||
|
§ 224-74B, Adaptive reuse projects
| |||
A.
Uses permitted by right, special exception or conditional use shall be subject, in addition to the supplemental use regulations of this article, to such regulations of yard, lot size, lot width, building area and easements and provisions for off-street parking and loading, landscaping and buffering and access and to other provisions specified in this chapter, Chapter 197, Subdivision and Land Development, and any other applicable ordinances. Where ordinance regulations conflict, the more restrictive shall apply.
B.
The laws of the commonwealth and the regulations of
the City of Coatesville Authority and the Chester County Department
of Health regarding water supply and waste disposal shall be adhered
to.
A.
Universal accessory use and structure regulations.
The following standards shall apply to all accessory uses and structures:
(1)
Accessory uses and structures shall comply with the
use standards applicable in the zoning district in which they are
located, unless explicitly exempted by this chapter.
(2)
Unless otherwise specified, accessory uses and structures
in residential districts shall not be located in the front yard.
(3)
The land area occupied by accessory structures shall
be calculated into floor-area or lot-coverage standards for each lot.
(4)
No accessory structure shall exceed the height limitations
of the district in which it is located except for any freestanding
pole, tower, antennas or similar structure not designed for human
habitation for which required permits have been obtained.
B.
Residential accessory uses and structures.
(1)
Customary residential accessory uses and structures. The following customary accessory uses and structures shall be permitted on a residential lot when they meet the definition of "accessory" and applicable permits are obtained in accordance with § 224-79. Such permitted uses and structures include but are not limited to:
(a)
Private garage, carport or off-street parking
facility.
[1]
Any detached structure shall be located in the
rear or side yard.
[2]
Unless permitted as an adaptive reuse or permitted
home occupation, the use of a garage shall be limited to the storage
of vehicles and household goods.
[3]
Recreational vehicles shall not be occupied
as a dwelling or rooming facility on the premises.
[4]
The outside, overnight storage of commercial
vehicles shall be limited to one vehicle, not to exceed one-ton loading
capacity. One additional commercial vehicle shall be permitted if
parked inside a garage, an enclosed structure or a parking space screened
from view at the street line.
(b)
Private swimming pool, tennis court or other
recreational facility.
[1]
The use or structure shall be located in the
side or rear yard.
[2]
A tennis court, fences and related lighting
shall not be closer to a rear or side lot line than the distance of
the required principal building setbacks. Tennis court fences shall
be permitted but shall not exceed 12 feet in height.
[3]
The following requirements apply specifically
to private, nonportable, noncommercial swimming pools which are 24
inches or more in depth:
[a]
A building permit shall be required
to construct a private swimming pool.
[b]
For lots 15,000 square feet or
greater, a swimming pool shall be located no closer to a property
line or street line than 10 feet. A minimum setback of five feet is
required for lots less than 15,000 square feet.
[c]
Swimming pools shall be totally
enclosed by a fence of a minimum of four feet in height. The height
calculation may include a combination of the pool wall and fence,
provided that the combined height equals four or more feet.
[d]
Pedestrian access gates shall open
outward away from the pool and shall be self-closing and have a self-latching
device located on the pool side of the gate.
[e]
There shall be no cross-connection
with the public sewage system. No permit shall be granted for the
installation or construction of any in-ground, permanent pool or portable
pool having a capacity of 20,000 gallons or more, unless the City
Engineer has certified that the drainage of such pool is adequate
and will not interfere with the water supply system, with existing
sanitary facilities or with public streets.
(c)
Accessory buildings for storage or recreational
use.
[1]
Such uses shall include storage sheds, bathhouses,
gazebos and similar structures.
(d)
Antennas, flagpoles and microwave satellite
dishes.
[1]
Where applicable, the structures shall comply
with Federal Communications Commission and Building Code regulations.
[2]
Freestanding structures shall be set back from
all property lines a distance of at least 1 1/2 times the height of
the structure and shall be securely anchored to the ground in a manner
satisfactory to the City.
[3]
The height requirements of § 224-48D shall apply in addition to the following:
[a]
The highest point of an antenna
attached to a building shall not exceed the peak of the roof by more
than 10 feet.
[b]
When freestanding, the total height
of a microwave satellite dish shall not exceed 10 feet; when roof-mounted,
the dish shall not exceed three feet in diameter and shall be located
on a portion of the roof sloping away from any front or side street.
Neither the dish or its supports shall exceed the peak of the roof
in height.
[4]
No more than two antennas shall be permitted
per residential property nor more than one antenna tower or microwave
satellite dish.
[5]
Antenna towers and microwave satellite dishes
shall not be located within any front yard, nor shall they be located
within a side yard facing a street unless sufficiently screened from
the street.
[6]
Radio, television or microwave transmitters are subject to the regulations of § 224-60B(9).
(2)
Ancillary residential accessory uses and structures.
An ancillary use or structure is a noncustomary use or structure which
shall only be permitted on a residential lot if it meets the definition
contained herein for accessory uses and structures, a development
plan has been submitted for review and applicable zoning, building
and occupancy permits are obtained.
(a)
Residential rooming accommodations. Such use
includes the keeping of roomers, boarders or lodgers as a residential
accessory use subject to the following provisions:
[1]
Rooming accommodations shall only be permitted
in single-family detached or semidetached dwellings.
[2]
No more than two roomers, boarders or lodgers
shall be accommodated at any one time.
[3]
Occupants of the rooming accommodations shall
share a common access with the primary residents and have access to
the remainder of the dwelling unit; no separate cooking facilities
or entrances shall be created.
(b)
Accessory apartments. An accessory apartment is a self-contained residential dwelling unit subordinate to and within or on the same lot as the principal residential dwelling. Accessory apartments shall only be permitted within a single-family detached or semidetached dwelling, except as provided for in Subsection B(2)(b)[3], and shall be subject to the following provisions:
[1]
Only one accessory apartment shall be permitted
on a property.
[2]
Both the accessory apartment and principal dwelling
shall be owned by the same person; one of the two dwelling units must
be owner-occupied.
[3]
The principal structure shall be at least five years old for use as an accessory apartment. Detached or attached garages and other outbuildings may be used as accessory apartments if they are at least five years old and meet the adaptive reuse requirements of § 224-61. The garage or outbuilding shall be on the same lot as a single-family detached or semidetached dwelling.
[4]
The structure and lot in and on which the accessory
apartment is located shall be conforming in regard to required size
and setbacks for the district in which it is located.
[5]
The accessory apartment shall meet the following
minimum size requirements:
|
Number of Bedrooms in Apartment
|
Gross Floor Area in Apartment
(square feet)
|
|---|---|
|
0 (efficiency)
|
400
|
|
1 (maximum allowed)
|
500
|
[6]
The accessory apartment shall not exceed 35%
of the gross habitable floor area contained in the existing dwelling
prior to conversion.
[7]
Alterations to the exterior of the existing
dwelling shall be limited to access, windows and ventilation. After
creation of the accessory apartment, the building shall maintain the
appearance of a single-family detached dwelling and shall remain compatible
with the character of the surrounding neighborhood.
[8]
The converted dwelling shall have no more than
the original number of entrances along the front of the building.
All other entrances to either the principal or accessory dwelling
units shall be located on the side or rear of the building.
[9]
There shall be no accessory apartment located
in a below-ground basement where the exterior grade is more than halfway
up the height of the exterior wall, unless there is at least one exterior
facade where the unit is at grade with the ground outside.
[10]
An annual permit shall be required for the accessory
apartment to ensure that the ownership requirements of Section B(2)(b)[2]
above are met. If a property containing an accessory apartment is
sold, it shall be the responsibility of the seller to inform the buyer
of the restrictions and permit requirements applicable to the apartment.
(c)
Home occupations. A home occupation is an activity,
conducted for gain by person(s) residing on the premises, that is
clearly subordinate to the existing residential use of the property.
There shall be two categories of home occupations, major and minor.
These uses shall only be permitted in accordance with the standards
set forth below:
[1]
Minor home occupation. Minor home occupations,
which meet all of the following criteria, shall be permitted by right
in all residential districts. All other home occupations shall be
defined as major.
[a]
The use is only carried on by the
inhabitants of the dwelling.
[b]
The use does not involve any customer
or client visits to the dwelling, and there are no direct sales of
products on the site.
[c]
There is no exterior indication,
including but not limited to signs, advertising or other display,
that a home occupation is located on the premises.
[d]
Commercial delivery and pickup
of goods and supplies is limited to no more than once a week, exclusive
of normal postal and parcel service typically serving a residential
area.
[e]
The floor area devoted to the use
does not exceed 25% of the floor area of the principal residential
structure or 400 square feet, whichever is less.
[2]
Major home occupation. A home occupation that
cannot meet one or more of the criteria listed in Section B(2)(c)[1]
above shall be defined as a major home occupation. Major home occupations
shall be permitted by special exception in all residential districts
when other applicable criteria of this chapter can be met.
[3]
Prohibited home occupations. The following uses
shall not be permitted as home occupations under any conditions:
[a]
Those home occupations which cannot meet any of the criteria of Subsection B(2)(c)[1] above for a minor home occupation.
[b]
The following uses are prohibited
as home occupations and shall be classified as commercial uses:
|
Animal hospitals
| |
|
Auto or small engine repair
| |
|
Commercial kennels
| |
|
Funeral parlors or undertaking establishments
| |
|
Furniture stripping
| |
|
Gift or antique shops
| |
|
Medical or dental clinics (2 or more doctors
or dentists)
| |
|
Painting of vehicles, trailers or boats
| |
|
Private schools with organized classes
| |
|
Rental businesses
| |
|
Restaurants
| |
|
Rooming houses
| |
|
Welding shops
| |
|
Other uses of similar character to those listed
above
|
[4]
Determination of classification. The Code Enforcement
Officer shall determine whether a proposed home occupation is major,
minor or prohibited. The applicant shall be responsible for supplying
such information as deemed necessary by the Code Enforcement Officer
to make this determination.
[5]
Issuing of permits. The following procedure
for approval and permitting shall apply:
[a]
Upon determination that the proposed
use is a minor home occupation and is in conformance with the requirements
of this chapter, the Code Enforcement Officer shall issue a permit.
[b]
Where the Code Enforcement Officer determines that the proposed use is a major home occupation, the use shall require review and approval by the Zoning Hearing Board in accordance with the provisions of § 224-87C, Special exceptions, and the criteria of § 224-59B(2)(c), Home occupations. The Zoning Hearing Board may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this chapter. Following approval, the Code Enforcement Officer shall issue a permit.
[6]
Permit limitations. A home occupation permit
shall not be transferable to another person or property. The permit
issued shall only be valid for the person and on the property for
which it was originally issued.
[7]
General standards applicable to home occupations.
The following standards shall apply to all home occupations, whether
major or minor:
[a]
A home occupation shall be conducted
within a dwelling which is the residence of the principal practitioner
or in an accessory building which is normally associated with the
residential use. The home occupation shall be carried on wholly indoors.
[b]
All applicants shall be required to obtain a permit in accordance with the requirements of Subsection B(2)(c)[5] above.
[c]
The appearance of the residential
structure or accessory structure shall not be altered nor the occupation
conducted in such a manner which would cause the premises to differ
from its residential character by the use of materials, construction,
lighting, show windows, signs or advertising visible outside the premises
to attract customers or clients, other than those signs permitted
by this chapter. No interior display of goods shall be visible from
the outside.
[d]
The storage of commercial vehicles shall comply with Subsection B(1)(a)[4] of this section.
[e]
There shall be no exterior storage
of materials or refuse resulting from the operation of the home occupation.
[f]
No equipment or process shall be
used in a home occupation which creates noise, vibration, glare, fumes,
odors, dust or electrical interference detectable to normal senses
beyond the property line in excess of levels customarily generated
by a residential use.
[g]
There shall be no storage or use
upon the premises of toxic, explosive, polluting, dangerous or other
substances defined as hazardous by the Pennsylvania Department of
Community Affairs or the Department of Environmental Protection.
[Amended 3-25-1996 by Ord. No. 1012-96]
[8]
Standards applicable to major home occupations.
In addition to other applicable criteria of this chapter, the following
standards shall apply to major home occupations:
[a]
Major home occupations shall only
be permitted in single-family detached, semidetached and attached
structures.
[b]
The total area used for a major
home occupation shall not exceed 25% of the floor area of the principal
residential structure.
[c]
No more than one person, other
than resident members of the immediate family, may be employed or
subcontracted at the residence. Use of nonresident employees must
have prior approval from the Zoning Hearing Board.
[d]
No articles shall be sold or offered
for sale on site except those produced on the premises. Such sales
must have prior approval by the Zoning Hearing Board.
[e]
No more than one sign shall be
permitted per property, provided that it is no larger than two square
feet per side. It shall not be illuminated, animated or placed in
a window.
[f]
Off-street parking shall be provided
in sufficient capacity to prevent interference with normal residential
parking in the neighborhood. Off-street parking, inclusive of required
residential parking, shall not exceed five spaces.
[g]
Beauty parlors and barbershops
may be permitted as a major home occupation, provided that no more
than two beauty parlor or barber chairs are provided and all other
provisions of this chapter are met.
[h]
Instructional services may be permitted
as a major home occupation, provided that a maximum of two musical
students may be instructed at any one time. Nonmusic instruction shall
be limited to no more four students at any one time and no more than
two trips per hour.
(d)
Home day care. An accessory home day-care use
is a private residence where care and supervision are provided for
between four to 11 children, not related to the caregiver, in either
a for-profit or nonprofit situation. (NOTE: Day care provided for
more than 11 children is a day-care center and is considered a commercial
use, not permitted in residential districts.) Accessory home day care
is further divided into two categories: family day care and group
day care. These uses shall meet provisions outlined below:
[1]
Family day care. A family day-care use is a
facility in which care is provided for four to six children at any
one time, who are not relatives of the caregiver, where the child-care
areas are being used as a family residence.
[a]
Family day-care uses shall only
be permitted as an accessory use in a single-family detached dwelling.
[b]
There shall be no alterations to
exterior facades of residential structures to accommodate accessory
day-care facilities in a residential district, except for safety purposes,
which shall be confined to rear or side walls not visible from any
public right-of-way.
[c]
A minimum outdoor play area of
200 square feet of contiguous play area shall be provided for each
child. The outdoor play area shall be located to the side or rear
of the property. If a public park or playground is located within
1,000 feet of the family day-care use, this may be substituted for
the play-area requirement.
[d]
If within 500 feet of any street,
nonresidential use, parking lot of five or more spaces, water body
or other safety hazard, the outdoor play area shall be enclosed by
a fence with a minimum height of four feet or natural barrier suitable
to prevent children from crossing.
[e]
In addition to the off-street parking
required for a single-family home, at least one additional space is
required for each nonresident employee.
[f]
Prior to final approval of the
use and issuing of a permit by the Code Enforcement Officer, the applicant
must hold all pertinent approvals and registration certificates from
appropriate state or county agencies as a condition of permit approval
and continuation. Where applicable, the use shall also be subject
to review and approval by the Zoning Hearing Board as a special exception.
[2]
Group day care. A group day-care use is a facility
in which care is provided for more than six but no more than 11 children,
where the child-care areas are being used as a family residence. Day
care in excess of 11 children shall be defined as a day-care center
and only permitted as a commercial use in accordance with the standards
of this chapter.
[a]
All standards noted above for family
day care shall be met.
[b]
The minimum lot area required for
this use shall be 10,000 square feet.
[c]
Group day-care facilities shall
be located no closer than 1,000 feet to any other such use within
any residential district.
[d]
Safe off-street loading passenger
space and adequate stacking capacity to avoid interference with any
adjacent street shall be provided.
[e]
Prior to final approval of the
use and the issuing of a permit by the Code Enforcement Officer, the
applicant must hold all pertinent approvals and licenses from appropriate
state or county agencies as a condition of permit approval and continuation.
Where applicable, the use shall also be subject to review and approval
by the Zoning Hearing Board as a special exception.
(e)
Bed-and-breakfast inn. A bed-and-breakfast inn
is a building or group of buildings occupied by a resident innkeeper
containing guest rooms for the temporary lodging of guests for compensation
and providing to the occupants such lodging services as maid service
and accessory eating and drinking facilities limited to the serving
of breakfast. A bed-and-breakfast shall be subject to the following
standards:
[2]
The property upon which the bed-and-breakfast
is established shall be the principal residence of the innkeeper.
The use shall be carried on by members of the immediate family who
reside on the premises; nonresident employees shall be restricted
to two in addition to the resident members of the family.
[3]
A bed-and-breakfast shall not contain more than
five guest facilities; any accommodations beyond this standard shall
be regulated as a hotel.
[4]
Guests shall not remain in the same bed-and-breakfast
for more than 14 consecutive days.
[5]
There shall be no separate kitchen or cooking
facilities in any guest room. Food served to the guests on the premises
shall be limited to breakfast. In nonresidential districts, privately
catered events, such as wedding receptions, shall be permitted. In
any district, eating facilities shall not be open to the general public.
[6]
In residential districts, there shall be no use of windows for display or advertising visible outside the premises to attract guests other than a single, nonilluminated sign, which may not exceed four square feet in area. In nonresidential districts, the requirements of Article XIV, Signs, shall apply.
[7]
No external alterations, additions or changes
to the exterior structure shall be permitted except as required by
the Pennsylvania Department of Labor and Industry or for safety reasons
as required by another governmental agency. Fire escapes or external
stairways shall be located either to the side or rear of the residence.
[8]
The use of amenities provided by the bed-and-breakfast,
such as porches, swimming pools and tennis courts, shall be restricted
in use to guests of the establishment. The use of active outdoor recreation
amenities shall be limited to the hours of 8:00 a.m. to 10:00 p.m.
[9]
Bed-and-breakfasts shall be served by a public
sewage system. The applicant shall submit documentation that the proposed
use can be adequately served by the Municipal Authority.
[10]
One off-street parking space shall be provided
for each guest room, plus one space for each nonresident employee,
plus the required spaces for a single-family detached dwelling. The
off-street spaces shall be located to the side or rear of the main
dwelling and screened from the roadway and adjacent properties by
fencing or vegetation.
(3)
Temporary residential accessory uses and structures.
The following uses and structures shall be permitted as a temporary
accessory use on a residential lot, provided that they meet the standards
below:
(a)
A temporary permit may be issued for structures
or uses necessary during construction or other special circumstances
of a nonrecurring nature, subject to the following provisions:
[1]
The time period of the initial permit shall
be six months. The permit may be renewed for three-month time periods,
provided that the applicant can demonstrate reasonable progress towards
the completion of the project necessitating the temporary structure
or use.
[2]
Such structure shall be removed completely within
30 days of the expiration of the permit without cost to the City.
[3]
A temporary structure, garage or partial structure
can be used for temporary dwelling purposes subject to the following:
[a]
The structure is used to temporarily
house residents displaced from the principal residence due to damage
which has made the structure uninhabitable while the principal dwelling
is being repaired.
[b]
The use is located on the same
lot as the principal dwelling.
[c]
Cooking and sanitary facilities
must be provided.
[d]
The structure complies with applicable
Building Code requirements.
(b)
Garage or yard sales. The temporary display
and sale of goods and crafts items on a residentially used property
shall be subject to the following provisions:
[Amended 3-26-2012 by Ord. No. 1374-2012]
[1]
Community-wide garage or yard sales shall be permitted on two occasions,
once in the Spring and once in the Fall at such dates as are set by
resolution of City Council.
[2]
In addition to the community-wide garage or yard sales, such temporary
uses shall be limited to occurrences of not more than two consecutive
days and not more than two times within one calendar year. There shall
be at least a thirty-day period between such occurrences.
[3]
Signs advertising garage sales shall be posted no more than two days prior to the first day of the sale and shall be removed on the final day of the sale. No more than two off-premises signs shall be placed, which must be approved by the owners of the property on which they are placed and subject to the requirements as more specifically set forth in Article XIV, Signs, § 224-71M.
(4)
Prohibited residential accessory uses and structures.
The following uses and structures shall not be permitted on a residential
lot:
(a)
Outside storage of unregistered or abandoned
vehicles.
(b)
Outside storage of automotive parts and accessories.
(c)
Outside storage or parking of commercial vehicles except in accordance with Subsection B(1)(a)[4].
(d)
Outside storage of construction material for
any structure other than those on the property.
C.
Nonresidential accessory uses and structures. The following uses and structures shall be permitted as accessory to any permitted commercial, business, industrial or institutional use, provided that they meet the definition contained herein of "accessory," the universal provisions of Subsection A, any regulations of this chapter which apply to the principal use and the nonresidential accessory use standards of this section.
(1)
Customary nonresidential accessory uses and structures. The following customary accessory uses and structures shall be permitted on a nonresidential lot when they meet the definition of "accessory" and applicable permits are obtained in accordance with § 224-79. Such permitted uses and structures include, but are not limited to, the following:
(2)
Ancillary nonresidential accessory uses and structures.
An ancillary accessory use or structure is a noncustomary accessory
use or structure, which shall only be permitted on a nonresidential
lot when it meets the definition contained herein for "accessory uses
and structures" and the following conditions:
(b)
Applicable zoning, building and certificate of occupancy permits are obtained in accordance with § 224-79.
(c)
A conditional use permit has been obtained for
any use or structure which is detached from the principal use or which
generates traffic, parking or stormwater impacts over and above the
rates that exist with the principal use.
(d)
The ancillary uses below may be permitted as
accessory to the principal uses in this section if all other applicable
requirements are met.
|
Ancillary Accessory Uses and Structures
| |
|---|---|
|
Ancillary Accessory Use or Structure
|
Principal Use
|
|
Convenience store
|
Gas station, life-care facility, mass transit
terminal or hospital
|
|
Gas station
|
Car wash, convenience store or auto service
|
|
Public or semipublic swimming pool
|
Hotel, motel, recreation area, community center,
multifamily complex, mobile home parks, health/recreation spa, educational
use or life-care facility
|
|
Day-care facility
|
Community center, educational use, office complex,
office park, industrial complex, industrial park or religious use
|
|
Financial institution
|
Office complex, office park, industrial complex
or industrial park
|
|
Restaurant
|
Hotel, motel, office complex, office park, industrial
complex or industrial park
|
(3)
Temporary nonresidential accessory uses and structures.
The following temporary accessory uses and structures shall be permitted
on a nonresidential lot, provided that they meet the standards below:
(a)
A temporary permit may be issued for structures
or uses necessary during construction or other special circumstances
of a nonrecurring nature, subject to the following provisions:
[1]
The time period of the initial permit shall
be six months. The permit may be renewed for three-month periods,
provided that applicant can demonstrate reasonable progress towards
the completion of the project necessitating the temporary use or structure.
[2]
Such structure shall be removed completely within
30 days of the expiration of the permit without cost to the City.
(b)
A temporary permit may be issued for a structure
used to temporarily house operations that have been displaced from
the principal building due to damage which has made the structure
uninhabitable, subject to the following provisions:
[1]
The temporary structure shall only remain in
use until the principal building has been repaired. The time period
of the initial permit shall be six months. The permit may be renewed
for three-month periods, provided that applicant can demonstrate reasonable
progress towards the completion of the project necessitating the temporary
use or structure.
[2]
The use shall be located on the same lot as
the principal use.
[3]
Such structure shall be removed completely within
30 days of the expiration of the permit without cost to the City.
(c)
A temporary community event, including but not
limited to carnivals, circuses, flea markets, public exhibitions,
auctions, picnics, air shows, suppers for fundraising and similar
organization activities, shall be permitted subject to the following:
[1]
Such events shall have obtained a permit from
the City. The applicant shall provide the City with plans to ensure
adequate parking, emergency access, road access, sanitary facilities,
refuse collection, noise control and cleanup after the event.
[2]
Signs advertising a temporary community event
shall be subject to the following provisions:
[a]
Such signs shall comply with the provision of Article XIV, Signs, in regard to size and placement.
[b]
Such signs shall be posted not
more than 14 days prior to the first day of the event and shall be
removed on the final day of the event.
[c]
No more than four off-premises
signs shall be placed. The location of the off-premises signs must
be approved by the owners of the properties upon which they are to
be placed.
(4)
Prohibited nonresidential accessory uses and structures.
The following uses and structures shall not be permitted as accessory
uses or structures on a nonresidential lot:
A.
Residential uses. Residential uses shall comply with
the use standards for the zoning district in which they are located,
the lot area, setback, and bulk standards of the Table of Residential
Neighborhood District Lot Area, Bulk and Coverage Requirements and
the Table of Residential Conservation District Lot Area, Bulk and
Coverage Requirements[1] and all other applicable standards of this chapter and other ordinances. Area and bulk standards for mobile home parks shall be as indicated in Subsection A(2) below. In addition, the following supplemental standards shall apply to the specific residential uses listed below:
(1)
Multifamily housing.
(a)
If the proposal involves an adaptive reuse, the requirements of § 224-61, Conversion of uses, shall be met.
[Amended 6-27-2011 by Ord. No. 1350-2011]
(b)
Multifamily dwelling units shall not be located
in a below-ground basement where the exterior grade is more than halfway
up the height of the exterior wall unless there is at least one exterior
facade where the unit is at grade with the ground outside.
(c)
Pedestrian-access facilities shall be provided
to the public rights-of-way at the perimeter of the property.
(d)
Each dwelling unit shall have direct access
to the outdoors or to a common hall from which there is direct access
to the outdoors.
(e)
Each dwelling shall have separate kitchen and
bathroom facilities.
(f)
Each dwelling unit shall meet the following
minimum size requirements:
|
Number of Bedrooms
|
Gross Floor Area of Dwelling Unit
(square feet)
| |
|---|---|---|
|
0 (efficiency)
|
400
| |
|
1
|
500
| |
|
2
|
650
| |
|
3
|
800
| |
|
Each additional bedroom
|
120 additional
|
(g)
Where condominium ownership of the dwelling units is proposed, an approved homeowners' association document, in accordance with § 224-54E(5), Homeowners' association, shall be submitted.
(2)
Mobile home park. A mobile home park, where permitted, shall comply with the site design standards of Article XIII of Chapter 197, Subdivision and Land Development, and all applicable standards of this chapter. Plans for a proposed mobile home park shall be submitted in accordance with the plan submittal and review procedures of Chapter 197, Subdivision and Land Development.
(a)
Area, bulk and setback standards. Area, bulk
and setback standards shall be as follows:
[2]
Mobile home lots:
[a]
Minimum lot size:
[b]
Single-wide: 3,000 square feet.
[c]
Double-wide: 5,000 square feet.
[d]
Minimum lot width: 25 feet.
[e]
Maximum lot coverage: 40%.
[f]
Maximum gross density: eight homes
per acre.
[g]
Mobile home setback requirements.
[h]
From public street right-of-way
or tract line: 30 feet.
[i]
From cartway line of park street:
15 feet.
[j]
From another mobile home: 20 feet.
[k]
Accessory uses: from park street:
10 feet; from public street: 30 feet.
(b)
Service buildings. Within a mobile home park,
nonresidential uses, such as a management office, storage facilities
for the park residents, laundry facilities, maintenance building and
a community room for the use of park residents, may be constructed.
A maximum of 10% of the site area may be used for these purposes.
When computing the area, buildings, parking and buffer yard requirements
shall be included.
(c)
Recreational facilities. A minimum of 25% of
the required open space must be used for recreational facilities or
areas, such as playgrounds, tennis or basketball courts, or other
recreational facilities approved by the City Council. Recreation areas
shall be of a size, shape and grade that is conducive to active recreation.
[1]
Editor's Note: These tables are included at
the end of this chapter.
B.
Public/institutional uses. Public/institutional uses shall comply with the use standards for the zoning district in which they are located, the lot area, setback and bulk standards of Subsection A and all other applicable standards of this chapter and other ordinances. In addition, the following supplemental standards shall apply to the specific public/institutional uses listed below:
(1)
Day-care center. Day-care centers include those facilities
in which care is provided for children and where the child-care facility
is not being used for a family residence. Such a facility shall be
subject to the following regulations:
(a)
An outdoor play area shall be provided. This
area shall be located to the side or rear of the building. The minimum
required size of the outdoor play area shall be 200 square feet per
child.
(b)
The outdoor play area shall be enclosed by a
fence or natural barrier suitable to restrict children within the
play area.
(c)
Rear and side yards shall be sufficiently screened
so as to protect adjacent residential area from inappropriate noise
and disturbance.
(d)
Safe, off-street passenger unloading space and
adequate stacking capacity shall be provided to prevent interference
with traffic flow on any adjacent street or road. One unloading space
per 20 children shall be provided.
(e)
Prior to the issuing of a permit by the Code
Enforcement Officer, the applicant shall have received and hold all
pertinent approvals and licenses from appropriate state or county
agencies as a condition of permit approval and continuation. Where
applicable, the use shall also be subject to review and approval by
the Zoning Hearing Board as a special exception before a permit is
issued.
(f)
When used in combination with another nonresidential
use, a permit shall be required for each use.
(2)
School/educational facility.
(a)
A public or private school which is not conducted
as a private gainful business and is licensed under the proper governmental
authority shall be subject to the following provisions:
[1]
Access shall be taken from a major or minor collector as defined in Chapter 197, Subdivision and Land Development.
[2]
Outdoor play areas shall be a minimum of 50
feet from side and rear property lines. Outdoor play areas shall be
sufficiently screened to protect adjacent residential neighborhoods
from inappropriate noise and other disturbances.
(b)
A commercial (for-profit) school, including
trade or professional schools and art, music or dancing schools, shall
only be permitted in nonresidential zoning districts.
(3)
Rooming/boarding house. A dwelling used for the housing
of roomers, boarders or lodgers with or without common eating facilities,
including dormitories, fraternity or sorority houses or other buildings
of charitable, educational or philanthropic use, shall be subject
to the following provisions:
(a)
Individual rooming units shall not contain kitchen
and cooking facilities.
(b)
Each rooming unit shall have at least 250 square
feet of floor area.
(c)
No more than one resident shall be permitted
per rooming unit unless they are related by blood or marriage, in
which case two residents per room shall be permitted.
(d)
Residents shall have access to the common areas
of the rooming/boarding house and shall share a common outside access.
(4)
Group quarters. Group quarters include living arrangements
for up to five unrelated individuals that do not meet the definitions
of "family" or "group home." This may include a licensed community-based
facility which provides lodging, habilitative services or meals to
clients, where supervision is provided seven days a week, 24 hours
a day, or is staffed continuously by the provider whenever the structure
is occupied. Such a facility shall comply with the following standards:
(a)
Group quarters shall only be permitted in detached
buildings.
(b)
The number of persons living in group quarters
shall not exceed five. Support staff, which does not reside at the
group quarters, shall not be included in the maximum number.
(c)
Group quarters must be sponsored and operated
by a group, organization or corporation licensed by either the county
or state. Proof of licensing shall be submitted with applications
for group quarters use. Proof of compliance with all applicable county
or state regulations shall be furnished to the Code Enforcement Officer
prior to the granting of the zoning permit.[2]
|
(4.1)
|
Group homes.
[Added 11-9-1998 by Ord. No. 1090-98; amended 2-23-2015 by Ord. No. 1444-2015] |
[1]
Group homes shall be permitted in any residential
dwelling.
[2]
The number of persons living in the group home
shall have an occupancy permit from the State Department of Labor
and Industry.
[3]
Group homes must be sponsored and operated by
a group, organization or corporation licensed by either the county
or state. Proof of licensing shall be submitted with the application
for group home use. Proof of compliance with all applicable county
or state regulations shall be furnished to the Codes Department prior
to granting of any permits.
[2]
Editor's Note: Former Subsection B(4)(d),
which immediately followed this subsection, pertaining to number of
group homes per block, was repealed 8-14-2000.
(5)
Life-care facility. A life-care facility provides
for the transitional residency of elderly and/or disabled persons,
progressing from independent living in single-family units to congregate
apartment living where residents share common meals and culminating
in a full health- and continuing-care nursing home facility. A life-care
facility shall comply with the following standards:
(a)
The life-care facility shall be designed specifically
for the needs of the elderly. The proposed design shall provide efficient
pedestrian access between dwelling units, parking, community facilities,
recreation or open space areas and mass transit facilities.
(b)
The following ancillary accessory uses may be
included when designed for the exclusive use of residents: community
center, intermediate-care facility, nursing facility, health center,
common dining facility, administrative offices, recreation facilities
and retail or service facilities.
(c)
A life-care facility shall have direct access to a street serving as a collector road or greater function as defined in Chapter 197, Subdivision and Land Development.
(d)
Each life-care facility shall provide an outdoor
sitting facility. The sitting area shall be landscaped and shall not
be located adjacent to parking lots, major collector streets or detention
or retention basins, unless adequate screening is provided. Sitting
areas shall not be located on slopes of over five-percent grade.
(e)
Residency requirements. Residents must be at
least 55 years of age or physically disabled.
(f)
The maximum density shall be 10 dwelling units
per acre.
(g)
Nursing facilities within a life-care facility
shall be designed for the temporary and long-term care of the residents.
Long-term nursing beds within the facility shall not exceed one bed
per three dwelling units. Two beds shall be equivalent to one dwelling
unit in the determination of density.
(h)
Where the life-care facility is not located
within 1/4 mile to basic services, such as post office, bank, grocery
store, library, public transportation, etc., the developer shall outline
a transportation service for the residents to be provided by the owner
or manager, providing access to these facilities at reasonable intervals.
(6)
Nursing home. A nursing home provides bed care or
chronic or convalescent care for persons who, by reason of illness,
physical infirmity or age, are unable to properly care for themselves.
A nursing home facility shall comply with the following standards:
(a)
Nursing and medical care shall be prescribed
and performed under the general direction of persons licensed to provide
such care or services in accordance with state laws.
(b)
A minimum lot area of 750 square feet per bed
shall be provided.
(c)
Each nursing home facility shall provide an
outdoor sitting facility. The sitting area shall be landscaped and
shall not be located adjacent to parking lots, major collector streets
or detention or retention basins unless adequate screening is provided.
Sitting areas shall not be located on slopes of over five-percent
grade.
(7)
Hospital. A hospital is an accredited general medical
facility within which the diagnosis, treatment and care of human ailments
is performed primarily on an inpatient basis. Such use shall comply
with the following standards:
(8)
Community utility. A community utility refers to a
building, structure or use which is operated, owned or maintained
by a public utility corporation, municipality or municipal authority
or which is privately owned and approved by the Pennsylvania Public
Utility Commission for the purpose of providing public sewage disposal
and/or treatment or public water supply, storage and/or treatment
or for the purpose of providing transmission of energy or telephone
service. Such use shall meet the following standards:
(a)
The installation shall be essential in serving
the immediate community.
(b)
No public business office or any storage yard
or storage building shall be operated in connection with the use.
(c)
No facility or projecting area thereof as viewed
in the plan view shall occupy greater than 10% of the property on
which it is located.
(9)
Radio, television or microwave transmitter. A radio,
television or microwave transmitter shall include a transmitting or
relay tower and supportive buildings and shall comply with the following
standards:
(a)
Such transmitter shall be set back a minimum
of 50 feet or one and one-half (11/2) times its height, whichever
is greater, from its property line.
(b)
Such transmitter shall be licensed by the Federal
Communications Commission.
(c)
No public business office or any storage yard
or storage building shall be operated in connection with the use.
(d)
No facility or projecting area thereof as viewed
in the plan view shall occupy greater than 10% of the property on
which it is located.
C.
Commercial uses. Commercial uses shall comply with the use standards for the zoning district in which they are located, the lot area, setback and bulk standards of the Table of Commercial Use Lot Area, Setback and Bulk Standards[3] and all other applicable standards of this chapter and
other ordinances. In addition, the following supplemental standards
shall apply to the specific commercial uses listed below:
(1)
Retail center/retail complex. A retail center involves
two or more retail or service uses located in one building; a retail
complex involves two or more retail or service uses located in two
or more buildings on a single lot. Both uses are preplanned and designed
as a group of related uses or structures and circulation patterns.
A retail center or complex shall comply with the following standards.
The standards below shall also apply to a single proposed retail use
15,000 square feet or more in gross floor area.
(a)
When located adjacent to a residentially zoned
district or existing residential development, no parking, loading
or service area shall be located less than 15 feet from the adjacent
property line.
(b)
Primary access shall be from a collector street as defined by Chapter 197, Subdivision and Land Development.
(c)
Parking lot design and landscaping shall be in accordance with the requirements of Chapter 197, Subdivision and Land Development.
(d)
Signs, lighting, outdoor storage, screening
and access shall be in accordance with the applicable sections of
this chapter.
(e)
Establishments furnishing shopping carts shall
provide defined areas on the site for storage of such carts, which
shall be clearly marked and designed for their storage.
(f)
Trash receptacles for patron use shall be provided
outside any establishment with takeout service or convenience shopping.
(g)
Sidewalks shall be provided along all street
frontage. Pedestrian access to sidewalks and mass transit stops on
or adjacent to the property shall be provided.
(2)
Restaurant, fast-food. A fast-food restaurant is a
commercial establishment that offers quick food service, which is
accomplished through a limited menu of items prepared and held for
service or prepared quickly. Generally, orders are not taken at the
customer's table and food is served in disposable wrapping or containers.
Such use shall comply with the following standards:
(a)
When the use is adjacent to or on the same lot
with a group of commercial facilities, it shall use the common access
with the other business establishments and not have a separate access
to the abutting collector street.
(b)
Sidewalks shall be provided along all street
frontage. A pedestrian walkway shall be provided from the entrance
of the restaurant to the sidewalk adjacent to the street.
(c)
Trash receptacles shall be provided outside
of the restaurant for patron use.
(d)
A trash storage area shall be provided which
is designed to be screened from the street and adjacent properties
to prevent trash from blowing from the area and to permit safe and
easy trash removal.
(e)
In addition, the following standards shall apply
to a fast-food restaurant with a gross floor area of 1,800 square
feet or greater:
[1]
The use shall have direct access to a collector street as defined by Chapter 197, Subdivision and Land Development.
[2]
There shall be only one point of ingress and
one point of egress to the collector street.
[3]
The access shall be at least 40 feet from street
intersections. The distance shall be measured from the street right-of-way
to the edge of the access driveway.
(3)
Restaurant, drive-through. A drive-through restaurant
is a commercial establishment which delivers prepared food and beverages
to waiting customers in motor vehicles for consumption on or off premises.
Such use shall comply with the following standards:
(a)
The use shall have direct access to a collector street as defined by Chapter 197, Subdivision and Land Development.
(b)
There shall be only one point of ingress and
one point of egress to the collector street.
(c)
The access shall be at least 40 feet from street
intersections. The distance shall be measured from the street right-of-way
to the edge of the access driveway.
(d)
When the use is adjacent to or on the same lot
with a group of commercial facilities, it shall use the common access
with the other business establishments and not have a separate access
to the abutting collector street.
(e)
Drive-through service windows shall have a vehicle
stacking lane which can accommodate a minimum of eight cars. The stacking
lane shall not be used for parking lot circulation aisles, nor shall
it conflict in any way with circulation or parking. The drive-through
window shall not be located adjacent to a residential use or residential
zoning district.
(f)
Sidewalks shall be provided along all street
frontage. A pedestrian walkway shall be provided from the entrance
of the restaurant to the sidewalk adjacent to the street.
(g)
Trash receptacles shall be provided outside
of the restaurant for patron use.
(h)
A trash storage area shall be provided which
is designed to be screened from the street and adjacent properties
to prevent trash from blowing from the area and to permit safe and
easy trash removal.
(4)
Financial institution with drive-through service windows
or drive-through automated tellers. Banks, savings and loan associations,
credit unions and other financial establishments proposed in conjunction
with drive-through windows or drive-through automated tellers shall
comply with the following standards:
(a)
The use shall have direct access to a collector street as defined by Chapter 197, Subdivision and Land Development.
(b)
There shall be only one point of ingress and
one point of egress to the collector street.
(c)
The access shall be at least 40 feet from street
intersections. The distance shall be measured from the street right-of-way
to the edge of the access driveway.
(d)
Drive-through windows or automated tellers shall
have a vehicle stacking lane which can accommodate a minimum of six
cars. The stacking lane shall not be used for parking lot circulation
aisles, nor shall it conflict in any way with circulation or parking.
(5)
Auto service/gas station/car wash facility. Commercial
establishments involving the retail sales of vehicular fuel or automotive
repair or service or a car wash facility shall comply with the following
standards:
(a)
For gas station or car wash facilities, access
to streets shall be at least 40 feet from the intersection of any
street.
(b)
Fuel pumps shall be at least 25 feet from any
street right-of-way.
(c)
All automotive parts, refuse and similar articles
shall be stored within a building or enclosed area.
(d)
All automotive repair or service activities,
except those performed at the fuel pumps, shall take place within
a completely enclosed building.
(e)
Vehicles shall not be stored outdoors more than
five days while waiting for repairs unless such vehicles are completely
screened from view; junk vehicles may not be stored in the open at
any time.
(f)
Stacking spaces for fuel pumps and car wash
bays shall not interfere with circulation or parking on the remainder
of the lot. Stacking room for vehicles shall be provided as follows:
(6)
Amusement hall/arcade. An amusement hall or arcade
is an entertainment facility operated as a gainful business within
a building or structure, providing three or more automatic amusement
devices or games, including pool or billiard rooms or similar facilities.
Such use shall comply with the following standards:
[Amended 4-28-1997 by Ord. No. 1047-97]
(a)
No audio speakers or equipment shall be installed
inside or outside the location of such use which would cause sound
to emanate to the exterior of the premises.
(b)
Such use shall only be operated between the
hours of 10:00 a.m. and 10:00 p.m.
(c)
This use shall not be located within 1,000 feet
of a public or private school.
(7)
Adult entertainment uses. Such uses shall comply
with the following standards:
[Amended 4-28-1997 by Ord. No. 1047-97]
(a)
Statement of Purpose.
[1]
Because adult entertainment uses tend to bring
with them secondary concerns that impact on the health, safety and
general welfare concerns of the City of Coatesville, the City desires
to restrict or limit the location where such uses can locate.
[2]
The City does not intend to effect or suppress
any activities protected by the First Amendment of the United States
Constitution, but instead address these secondary effects. Neither
is it the intent nor effect of these ordinance provisions to condone
or legitimize the distribution of obscene material. Neither is it
the intent to permit any use which is prohibited by the provisions
of any other city code or ordinance.
[3]
Based on evidence concerning the adverse secondary
effects of adult uses on the community from findings incorporated
in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S.
41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and
Northend Cinema, Inc. v. Seattle, 585 P.2d 1153 (Wash. 1978), and
on studies in other communities, including but not limited to Phoenix,
Arizona; Minneapolis, Minnesota; Saint Paul, Minnesota; Manatee County,
Florida; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Los
Angeles, California; Austin, Texas; Seattle, Washington; Oklahoma
City, Oklahoma; and Beaumont, Texas; and also on findings found in
the Report of Attorney General's Working Group on the Regulation of
Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the
City Council finds that the following concerns are associated with
the establishment of these uses in the City of Coatesville:
[a]
Sexually oriented businesses lend
themselves to ancillary unlawful and unhealthy activities that may
go uncontrolled by the operators of the establishments. Further, there
is recently no mechanism to make the owners of these establishments
responsible for the activities that occur on their premises.
[b]
Certain employees of sexually oriented
businesses defined in this chapter as adult theatres and cabarets
engage in a higher incident of certain types of sexually oriented
behavior at these businesses than employees of other establishments.
[c]
Sexual acts, including masturbation
and oral and anal sex, occur at sexually oriented businesses, especially
those which provide private or semiprivate booths or cubicles for
viewing films, videos or live sex shows, as defined under this chapter
as adult bookstores, adult novelty shops, adult video stores, adult
motion-picture theatres or adult arcades.
[d]
Offering and providing such space
encourages such activities, which create unhealthy conditions.
[e]
Persons frequent certain adult
theatres, adult arcades and other sexually oriented businesses for
the purpose of engaging in sex within the premises of such sexually
oriented businesses.
[f]
At least 50 communicable diseases
may be spread by activities occurring in sexually oriented businesses,
including but not limited to syphilis, gonorrhea, human immunodeficiency
virus infection (AIDS), genital herpes, hepatitis B, Non B amebiasis,
salmonella infections and shigella infections.
[g]
Since 1981 and to the present,
there has been an increasing cumulative number of reported cases of
AIDS caused by the human immunodeficiency virus (HIV) in the United
States: 600 in 1982, 2,200 in 1983, 4,600 in 1984, 8,555 in 1985 and
253,448 through December 31, 1992.
[h]
As of May 1, 1995, there have been
13,559 reported cases of AIDS in the State of Pennsylvania.
[i]
Since 1981 and to the present,
there have been an increasing cumulative number of persons testing
positive for the HIV antibody test in Chester County, Pennsylvania.
[j]
The number of cases of early (less
than one year) syphilis in the United States reported annually has
risen, with 33,613 cases reported in 1982 and 45,200 through November
of 1990.
[k]
The number of cases of gonorrhea
in the United States reported annually remains at a high level, with
over 500,000 cases being reported in 1990.
[l]
The Surgeon General of the United
States in his report of October 22, 1986, has advised the American
public that AIDS and HIV infection may be transmitted through sexual
contact, intravenous drug abuse, exposure to infected blood and blood
components and from an infected mother to her newborn.
[m]
According to the best scientific
evidence, AIDS and HIV infection, as well as syphilis and gonorrhea,
are principally transmitted by sexual acts.
[n]
Sanitary conditions in some sexually
oriented businesses are unhealthy, in part, because the activities
conducted there are unhealthy and, in part, because of the unregulated
nature of the activities and the failure of the owners and the operators
of the facilities to self-regulate those activities and maintain those
facilities.
[o]
Numerous studies and reports have
determined that semen is found in the areas of sexually oriented businesses
where persons view adult oriented films.
[p]
The findings noted in Subsection
C(7)(a)[3][a] through [o] raise substantial governmental concerns.
(b)
Design requirements. The purpose of these design
requirements is to minimize, where conditions permit, the secondary
concerns which include difficulties for law enforcement, municipal
maintenance, trash, deleterious effects on business and residential
property values, increased crime, particularly corruption of the morals
of minors, and prostitution and encourage residents and businesses
to move elsewhere.
[1]
Yard and area regulations.
[a]
In addition to the lot area, setback and bulk standards applicable to uses permitted pursuant to the provisions of § 224-18.1, no adult entertainment use shall be located:
[b]
Within 1,000 feet of a public or
private school.
[c]
Within 500 feet of any residential
use or district, religious use, active or passive recreation facility
or community center.
[d]
Within 500 feet of a similar use.
[e]
Within 200 feet of a licensed premises,
licensed pursuant to the alcoholic beverage control regulations of
the Commonwealth of Pennsylvania.
[f]
Within 100 feet of an entertainment
business which is oriented primarily towards children and family entertainment.
[g]
No person under the age of 18 years
of age shall be permitted within an adult entertainment use.
[h]
No materials sold shall be visible
from any window, door or exterior of the building.
[2]
For the purpose of Subsection C(7)(b)[a], [b]
and [c], the lot area, setback and bulk standards measurement shall
be made in a straight line, without regard to the intervening structures
or objects, from the nearest portion of the building or structure
used as the part of the premises where a sexually oriented business
is conducted to the nearest property line of the premises of a use.
Presence of a municipal, county or other political subdivision boundary
shall be irrelevant for the purposes of calculating and applying the
distance requirements of this section.
(c)
Data. Sufficient additional data shall be submitted
to enable the Planning Commission and the City Council to determine
that the requirements of this and other ordinances of the City relevant
to the proposed use have been fulfilled and that the owners and operators
of proposed adult entertainment facilities demonstrate a desire and
ability to comply with the ordinances of the City and to prevent their
establishments from being used for any illegal activities.
(d)
Adult entertainment uses must maintain any license
or permit required by the state and must operate in conformance with
all requirements of the Pennsylvania Crimes Code. No alcoholic beverages
can be served at any adult entertainment use.
(8)
Office center/office park. An office center is a structure
or building containing two or more offices that share common facilities,
such as parking, signs or entryways. An office park is a tract of
land designed and developed from a single, unified plan involving
the layout of several lots, buildings, access streets, landscaping
and other improvements typically in a campus-like setting. The following
standards shall apply to all office parks and to any office center
with more than 5,000 square feet of gross leasable floor area:
(a)
When located adjacent to a residentially zoned
district or existing residential development, no parking, loading
or service area shall be located less than 15 feet from the adjacent
property line.
(b)
Primary access shall be from a collector street as defined by Chapter 197, Subdivision and Land Development.
(c)
Sidewalks shall be provided along all street
frontage. Pedestrian access to sidewalks and mass transit stops on
or adjacent to the property shall be provided.
[3]
Editor's Note: This table is included at the
end of this chapter.
D.
Industrial uses. Industrial uses shall comply with
the use standards for the zoning district in which they are located,
the lot area, setback and bulk standards of the Table of Industrial
Use Lot Area, Setback and Bulk Standards[4] and all other applicable standards of this chapter and
other ordinances. In addition, the following supplemental standards
shall apply to the specific industrial uses listed below:
(1)
Industrial center. An industrial center is a structure
or building which contains two or more industrial uses that share
common facilities, such as parking, signs or entryways. Such use shall
comply with the following standards:
(a)
There shall be a minimum of 10,000 square feet
of lot area per use in the industrial complex building.
(b)
Access for the center shall be from a collector street as defined by Chapter 197, Subdivision and Land Development.
(c)
Sidewalks shall be provided along all street
frontage. Pedestrian access to sidewalks and mass transit stops on
or adjacent to the property shall be provided.
(d)
All loading and outside storage shall be located
to the side or rear of the building.
(e)
The applicant shall submit a plan for the overall
design and improvements of the industrial center.
(f)
The proposed development shall be served by
public water and sewage, the adequacy of which shall be demonstrated
prior to plan approval.
(2)
Industrial park. An industrial park is a grouping
of two or more industrial establishments in separate buildings, developed
according to a single, unified plan, involving the layout of several
lots, buildings, access streets, utilities, landscaping and other
improvements. Such use shall comply with the following standards:
(a)
The minimum lot size for the individual structures
within the industrial park shall be 20,000 square feet.
(b)
At least 70% of the total floor area of the
park shall be devoted to industrial uses.
(c)
Access for the park shall be from a collector street as defined by Chapter 197, Subdivision and Land Development.
(d)
Sidewalks shall be provided along all street
frontage. Pedestrian access to sidewalks and mass transit stops on
or adjacent to the property shall be provided.
(f)
All loading and outside storage shall be located
to the side or rear of the buildings.
(g)
The applicant shall submit a plan for the overall
design and improvements of the industrial park.
(h)
The proposed development shall be served by
public water and sewage, the adequacy of which shall be demonstrated
prior to plan approval.
(3)
Miniwarehouses/public warehouse. Miniwarehouses are
storage units provided for lease to the public for the purpose of
storage of personal property and in which each storage unit has direct
access from the outside. A public warehouse is a single structure
providing individual storage of personal property where access to
the majority of the storage units is made through a main entrance
into the building. Such uses shall comply with the following standards:
(a)
Access shall be from a collector street as defined by Chapter 197, Subdivision and Land Development.
(b)
Preliminary plans shall be reviewed and subject
to approval by city police and fire officials regarding security and
fire protection.
(c)
Storage of explosive, radioactive, toxic, highly
flammable or otherwise hazardous materials shall be prohibited.
(d)
All storage shall be within closed buildings except as noted below in Subsection D(3)(g)[3].
(e)
No business activity other than the leasing
of storage units shall be permitted.
(f)
The construction of new miniwarehouses or public warehouses shall not be permitted within the Floodplain Conservation Overlay District as defined in Article VIII of this chapter. Where public warehouses are located in existing buildings in the Floodplain Conservation Overlay District, the storage areas shall be located above the one-hundred-year floodplain elevation and all applicable requirements of the Floodplain Conservation Overlay District shall be met.
(g)
In addition to the above standards, miniwarehouses
shall also comply with the following:
[1]
The minimum aisle width between buildings shall
be 15 feet. Additional width shall be provided to accommodate a ten-by-twenty-foot
parking space in front of each storage unit.
[2]
Each structure shall not exceed 6,000 square
feet in size and shall be built on a permanent foundation of durable
material. Trailers, boxcars or similar structures shall not be used
for storage.
[3]
Outdoor storage shall comply with the following
requirements:
[a]
Outdoor storage of automobiles,
boats and recreation vehicles is permitted, provided that they are
screened so as not to be visible from adjacent streets or properties.
[b]
A maximum of 20% of the total site
area may be used for such outdoor storage.
[c]
Stored vehicles shall not interfere
with traffic movement through the complex.
[4]
The storage facilities shall be surrounded by
a fence at least eight feet in height, of a type approved by the City.
(4)
Recycling center. A recycling center is a business
that accumulates material, such as paper, glass, aluminum and plastic,
that is no longer useful for its intended purpose. The materials are
then used or sold to another business as a raw material which can
be used to manufacture a new product. Such use shall comply with the
following standards:
(a)
Operation of a recycling facility shall at all
times be in full compliance with the statutes of the Commonwealth
of Pennsylvania, the rules and regulations of the Department of Environmental
Protection (PaDEP) and the provisions of this chapter. In the event
that any of the provisions of this chapter are less restrictive than
any present or future rules or regulations of PaDEP, the more restrictive
regulations shall supersede and control.
[Amended 3-25-1996 by Ord. No. 1012-96]
(c)
Any materials stored outdoors shall be properly
screened so as not to be visible from any adjacent streets or property.
The storage of paper shall be within a building.
(d)
Access to the site shall be limited to those
posted times when an attendant is on duty. In order to protect against
indiscriminate and unauthorized dumping, every recycling center shall
be protected by locked barricades, fences, gates or other means designed
to deny access to the area at unauthorized times or locations. Such
barricades shall be at least six feet high and shall be kept in good
repair and neatly painted in a uniform color.
(e)
Litter control shall be exercised to confine
blowing litter to the work area, and a working plan for cleanup of
litter shall be submitted to the City. To control blowing paper, a
fence shall be erected with a minimum height of six feet, with openings
not more than three inches by three inches, along all boundaries.
(f)
A Class D buffer shall be required between the fence and the street line and along any edge of the property adjacent to a residential use or district. (See § 224-51B, Buffering.)
(g)
Unloading of materials shall be continuously
supervised by a facility operator.
(h)
Hazardous waste included on the list of hazardous
waste maintained by the Department of Environmental Protection shall
not be disposed of at a recycling center. No municipal or solid waste
or hazardous waste shall be processed or stored at a recycling center.
[Amended 3-25-1996 by Ord. No. 1012-96]
(i)
When this use is combined with a transfer station,
the separation of material shall be done so that the recycling process
does not interfere with the prompt disposal of the municipal solid
waste.
(j)
A zoning permit shall be obtained and renewed
on an annual basis.
(5)
Junkyard. A junkyard is an area of land, with or without
buildings, used for the storage of used or discarded materials, including
but not limited to wastepaper, rags, metal, building materials, house
furnishings, machinery, vehicles or parts thereof, with or without
the dismantling, processing, salvage, sale or other use or disposition
of the same. Such use shall comply with the following standards:
(a)
No material shall be placed in any junkyard
in such a manner that it is capable of being transferred out of the
junkyard by wind, water or other natural causes.
(b)
All paper, rags, cloth and other fibers and
activities involving the same, other than loading and unloading, shall
be within fully enclosed buildings.
(c)
The land area being used for junkyard purposes
shall not be exposed to public view from any public street or road
by virtue of its location on a hillside or location on a plateau below
street level.
(d)
Buffering and screening requirements shall be
as follows:
[1]
The junkyard shall be entirely closed by a solid
fence or wall, at least eight feet high but not more than 10 feet
high, constructed of plank boards, brick, cinder block or concrete,
with access only through solid gates.
[2]
The fence or wall shall be situated no closer
to any street or property line than 30 feet.
[3]
Such fence or wall shall be kept in good repair
and painted a uniform color.
[4]
The contents of the junkyard shall not be placed
or deposited to a height greater than the height of the required wall
or fence.
(e)
All materials shall be stored in such a manner
as to prevent the breeding or harboring of rats, insects or other
vermin. When necessary, this shall be accomplished by enclosure in
containers, raising of materials above the ground, separation of types
of materials, preventing the collection of stagnant water, extermination
procedures or other means.
(f)
No explosive, toxic, radioactive or highly flammable
materials shall be kept on the property.
(g)
No burning shall be carried on in any junkyard.
Fire shall be prevented and hazards avoided by organization and segregation
of stored materials, with particular attention to the separation of
combustibles from other materials and enclosure of combustibles where
necessary (gas tanks shall be drained), by the provision of adequate
aisles of at least 15 feet in width for escape and fire-fighting and
by other necessary measures.
(h)
All vehicles shall be drained of liquid before
they are placed in the junkyard. An impervious pad, free of cracks
and sufficiently large for draining liquids from all vehicles, shall
be provided. The pad should be sloped to drain to a sump or holding
tank, and liquid shall be removed from the site as often as is necessary
to prevent overflow of the system. Curbing around the pad must be
able to retain runoff from a one-hundred-year, twenty-four-hour storm.
All hazardous liquids shall be properly disposed of according to the
Department of Environmental Protection rules and regulations.
[Amended 3-25-1996 by Ord. No. 1012-96]
(i)
A zoning permit shall be obtained and renewed
on an annual basis.
(j)
Outside storage of motor vehicles not having
valid inspection stickers issued by the Pennsylvania Department of
Transportation, wrecked or broken vehicles or the major parts of such
vehicles shall only be permitted in a licensed junkyard.
(6)
Transfer station. A transfer station is a facility
where municipal solid waste is delivered for the purpose of compacting
the material into larger vehicles for transport to a final disposal
site or processing facility. Such use shall comply with the following
standards:
(a)
Operation of a transfer station shall at all
times be in full compliance with the statutes of the Commonwealth
of Pennsylvania, the rules and regulations of the Department of Environmental
Protection (PaDEP) and the provisions of this chapter. In the event
that any of the provisions of this chapter are less restrictive than
any present or future rules or regulations of PaDEP, the more restrictive
regulations shall supersede and control.
[Amended 3-25-1996 by Ord. No. 1012-96]
(b)
Litter control shall be exercised to confine
blowing litter to the work area, and a working plan for cleanup of
litter shall be submitted to the City. To control blowing paper, a
fence shall be erected with a minimum height of six feet, with openings
not more than three inches by three inches, along all boundaries.
(c)
A Class D buffer shall be required between the fence and the street line and along any edge of the property adjacent to a residential use or district. (See § 224-51B, Buffering.)
(d)
Access to the site shall be limited to those
posted times when an attendant is on duty. In order to protect against
indiscriminate and unauthorized dumping, every transfer station shall
be protected by locked barricades, fences, gates or other means designed
to deny access to the area at unauthorized times or locations. Such
barricades shall be at least six feet high and shall be kept in good
repair and neatly painted in a uniform color.
(e)
The entire transfer process, which includes
unloading, compaction and loading onto the transfer trucks, shall
occur inside a building. Unloading of materials shall be continuously
supervised by a facility operator.
(f)
Municipal solid waste shall not remain on the
site for more than 72 hours.
(g)
At the end of each workday, all municipal solid
waste shall be compacted in a transfer container. Oversized items
and items that cannot be compacted because of their size or construction
shall be stored in the building. These items shall not remain on the
site for more than 15 days.
(h)
A contingency plan for disposal of municipal
solid waste during a plant shutdown must be submitted to the City
and approved by the City Council.
(i)
Leachate from the municipal solid waste and
water used to wash vehicles or any part of the operation shall be
disposed of in a manner in compliance with PaDEP regulations. If the
leachate is to be discharged to a municipal sewage treatment plant,
appropriate permits shall be obtained from the applicable agencies
and authorities. In no event shall the leachate be disposed of in
a storm sewer, to the ground or in any other manner inconsistent with
PaDEP regulation.
[Amended 3-25-1996 by Ord. No. 1012-96]
(j)
Solid waste landfill operations and open burning
of any materials shall be specifically prohibited.
(k)
A zoning permit shall be obtained and renewed
on an annual basis.
(l)
A transfer station may include the separation and collection of material for the purpose of recycling if the standards of § 224-60D(4) for a recycling center are met.
(7)
Solid waste landfill. A solid waste landfill is a
land site on which engineering principles are used to bury deposits
of solid waste without creating public health or safety hazards, nuisances,
pollution or environmental degradation. Such use shall comply with
the following standards:
(a)
Operation of any solid waste landfill shall
at all times be in full compliance with the statutes of the Commonwealth
of Pennsylvania, and the rules and regulations of the Department of
Environmental Protection and the provisions of this chapter. In the
event that any of the provisions of this part are less restrictive
than any present or future rules of the Department, the more restrictive
Department rules or regulations shall supersede and control in the
operation of such solid waste landfill.
[Amended 3-25-1996 by Ord. No. 1012-96]
(b)
Hazardous materials, including but not limited
to highly flammable materials, explosives, pathological wastes and
radioactive materials and liquids, shall not be disposed of in a solid
waste landfill. The disposal of sewage liquids and solids shall be
specifically prohibited in a solid waste landfill.
(c)
Litter control shall be exercised to confine
blowing litter to the work area, and a working plan for cleanup of
litter shall be established. Measures shall also be provided to control
dust.
(d)
Suitable measures shall be taken to prevent
fires by means and devices mutually agreeable to the Pennsylvania
Department of Environmental Protection and the City. Burning of municipal
solid waste is prohibited at a solid waste landfill.
[Amended 3-25-1996 by Ord. No. 1012-96]
(e)
A solid waste landfill operation shall be under
the direction at all times of a responsible individual who is qualified
by experience or training to operate a landfill. Unloading of waste
shall be continuously supervised.
(f)
Access to the site shall be limited to posted
times when an attendant is on duty. In order to protect against indiscriminate
and unauthorized dumping, every solid waste landfill shall be protected
by locked barricades, fences, gates or other means designed to deny
access to the area at unauthorized times or locations.
(g)
Salvaging shall be conducted by the operator
only and shall be organized so that it will not interfere with prompt
sanitary disposal of waste or create unsightliness or health hazards.
The storage of salvage shall be controlled in a manner that will not
permit the inhabitants or reproduction of deleterious vectors.
(h)
Direct access to a major collector or highway collector, as defined by Chapter 197, Subdivision and Land Development, shall be required for the operation of a solid waste landfill.
(i)
Buffering and screening requirements shall be
as follows:
[1]
The landfill shall be entirely closed by a fence
or wall, at least eight feet high but not more than 10 feet high,
constructed of plank boards, brick, cinder block or concrete, with
access only through solid gates. There shall be no openings greater
than three by three inches in the fence or wall.
[2]
The fence or wall shall be situated no closer
to any street or property line than 50 feet.
[3]
Such fence or wall shall be kept in good repair
and painted a uniform color.
(j)
A zoning permit shall be obtained and renewed
on an annual basis.
(8)
Solid waste incinerator. A solid waste incinerator
is a facility designed to reduce municipal solid waste by combustion.
This use may or may not include heat exchange equipment for energy
recovery. Such use shall comply with the following standards:
(a)
Operation of any incinerator shall at all times
be in full compliance with the statutes of the Commonwealth of Pennsylvania
and the rules and regulations of the Department of Environmental Protection
and the provisions of this chapter. In the event that any of the provisions
of this part are less restrictive than any present or future rules
of the Department, the more restrictive Department rules or regulations
shall supersede and control in the operation of such incinerator.
[Amended 3-25-1996 by Ord. No. 1012-96]
(b)
Hazardous materials, including but not limited
to highly flammable materials, explosives, pathological wastes and
radioactive materials and liquids, shall not be disposed of in an
incinerator.
(c)
Litter control shall be exercised to confine
blowing litter to the work area, and a working plan for cleanup of
litter shall be established.
(d)
Unloading of municipal solid waste shall be
continuously supervised by a facility operator.
(e)
All parts of the process, unloading, handling
and storage of solid waste, shall occur within a building. Open burning
of any materials shall be specifically prohibited.
(f)
Process waste (ash) from the incinerator shall
be stored in such a manner as to prevent it from being carried from
the site by wind or water. This process waste shall be located at
least 100 feet from any property line and stored in leakproof and
vectorproof containers. Such process waste shall be disposed of in
a solid waste landfill approved by PaDEP or in another manner approved
by PaDEP.
[Amended 3-25-1996 by Ord. No. 1012-96]
(g)
Access to the site shall be limited to posted
times when an attendant is on duty. Access shall be controlled by
locked barricades, fences, gates or other means designed to deny access
to the area at unauthorized times or locations.
(h)
Direct access to a major collector or highway collector, as defined by Chapter 197, Subdivision and Land Development, shall be required for the operation of an incinerator.
(i)
Buffering and screening requirements shall be
as follows:
[1]
The site shall be entirely enclosed by a fence
or wall, at least eight feet high but not more than 10 feet high,
constructed of plank boards, brick, cinder block or concrete, with
access only through solid gates. There shall be no openings greater
than three inches by three inches in the fence or wall.
[2]
The fence or wall shall be situated no closer
to any street or property line than 50 feet.
[3]
Such fence or wall shall be kept in good repair
and painted a uniform color.
(j)
A zoning permit shall be obtained and renewed
on an annual basis.
[4]
Editor's Note: This table is included at the
end of this chapter.
B.
Adaptive reuse projects. This section applies to all
proposals involving the conversion of an existing structure into some
other form of permitted use. The purpose of permitting adaptive reuse
projects is to promote the preservation of large older structures
and historic resources in the City by providing incentives to help
maintain these structures. Adaptive reuse projects shall be permitted,
provided that the following standards are met:
(1)
General requirements.
(a)
The proposed reuse of an existing building or
structure shall comply with the use requirements of the applicable
base or overlay zoning district.
(b)
Area and bulk requirements shall be maintained
but may be modified by the City Council where the applicant has demonstrated
sensitive restoration.
(c)
Adaptive reuse projects that create residential living space shall meet the applicable requirements for such, as defined in § 224-60, for that portion of the project.
[Amended 6-27-2011 by Ord. No. 1350-2011]
(d)
Adaptive reuse projects that involve any multifamily
or nonresidential use shall satisfy the applicable supplemental regulations
for such uses, as defined in this article.
(e)
Evidence verifying the capability of existing
or proposed services to meet the expanded needs of the proposed use
shall be provided.
(f)
If a proposed adaptive reuse project involves
a structure which occupies a parcel which is also proposed for land
development, the adaptive reuse project must be completed consecutively
to or prior to the issuance of an occupancy permit for that project,
otherwise an adaptive reuse shall not be permitted. This shall also
apply where the structure proposed for adaptive reuse has been subdivided
from a parcel within the last five years.
(2)
Structural and facade alterations.
(a)
Every effort shall be made to restore buildings
or structures defined as historic resources to their original architectural
style and scale.
[Amended 4-11-2005 by Ord. No. 1247-2005]
(b)
Signage, lighting or other accessory uses or
structures shall be designed in a manner which reflects the original
use of structures or buildings to the extent possible for historic
resources.
(c)
Improvements to the exterior of historic resources
beyond routine maintenance and repair shall be avoided except for
safety improvements, which shall be designed to achieve the least
disruption to building facades which are visible from any public right-of-way.
(d)
Additional entrances to historic resources shall
be placed on the side or the rear of the building, not visible from
any public right-of-way, to avoid disruption of the facade.
(e)
The removal or alteration of significant architectural
features from historic resources to accommodate a new use shall be
prohibited.
(f)
Deteriorated architectural features which contribute
to the character of historic resources shall be repaired rather than
replaced. In the event that replacement is necessary, the new material
shall match the material being replaced in composition, color, design,
texture and other visual qualities.
(3)
Parking and access.
(a)
Off-street parking and loading facilities shall
be expanded, in conformance with the requirements of this chapter;
the location and design of additional facilities shall reflect the
permitted use of the property.
(b)
All access, off-street parking and storage requirements
shall be improved to meet the requirements for the new use, as defined
by this chapter.
(c)
Any reuse project that involves the conversion
of an existing garage into some other use must be analyzed in terms
of availability of parking.
[Admended 4-11-2005 by Ord. No. 1247-2005]
A.
More than one principal use, building or structure may be established on a single lot where permitted, provided that all lot and yard requirements, standards and other requirements of this chapter shall be met for each use. In each case, the Code Enforcement Officer shall require suitable provision for access, as defined in § 224-53 of this chapter, in the event of potential subdivision of the tract or lot.
B.
More than one principal use may be permitted in a
single structure or on a lot, provided that such unified development
plans meet the provisions of this section, the uses and number of
uses proposed are listed as a permitted use in that district or in
any overlay district, that the criteria for each use are satisfied
and that all permit application and review processes are followed.
C.
Unified land development plans shall use the lot area,
setback, bulk and coverage requirements as defined for each use in
their respective districts or in any overlay district.
D.
The ground level portion of the front of a building
shall be reserved for nonresidential uses in any building that contains
both residential dwellings and nonresidential uses. The foregoing
shall also apply to the side of a building for mixed-use buildings
on a corner lot.
