A map entitled "New Wilmington Borough Zoning
Map" is hereby adopted as part of this chapter. The Zoning Map shall
be kept on file, available for examination, at the Borough Building.
The Borough is divided into various districts
as set forth by this chapter and as shown by the district boundaries
on the Zoning Map. The districts are:
A.
Residential districts. In any residential district,
only one principle use per lot will be allowed. These zones are designated
for residential occupancy and such uses which are normally associated
with neighborhoods. Such uses may include schools, churches and parks.
The specific purpose for each of the residential districts is as follows:
[Amended 2-5-1996 by Ord. No. 420; 5-7-2001 by Ord. No.
453]
(1)
A-Residence District: These zones are designated for
low-density single-family dwelling and complementary uses.
(2)
B-Residence District: The B-Residence Zone is also
a residential district, but it permits two-family dwellings with multifamily
dwellings permitted as a special exception. In addition, uses complementary
to residential structures are allowed.
(3)
B-1 Residence District: The B-1 Residence Zone is
similar to the B-Residence District, with the addition of other related
activities.
B.
C-Commercial District: This district is designed to
accommodate a wide variety of commercial uses within the Borough.
Although primarily designated to accommodate retail services in the
Borough commercial core, residential uses and mixed residential/commercial
uses will be permitted.
C.
D-Industrial District: This district is designed to
allow the development of a mixture of industrial uses within the Borough's
limits. Such development is to be placed so there is a minimum of
conflict with residential and commercial uses.
D.
A portion of the downtown area is covered by the Parking
Overlay District that exempts nonresidential uses from the parking
requirements of this chapter.
[Added 10-4-2004 by Ord. No. 476]
E.
I-Institutional
District: The purpose of this district is to facilitate the operation
and development of Westminster College within the Borough.
[Added 5-7-2012 by Ord. No. 507]
The boundaries between districts are the center
lines of streets, alleys, railroad rights-of-ways, streams, or such
lines extended or lines parallel thereto or concentric therewith,
or property lines when proximate thereto or may be lines otherwise
indicated on the Zoning Map. Any person aggrieved by the interpretation
of the Zoning Map by the Zoning Officer concerning the location of
the district boundary may appeal to the Zoning Hearing Board, and
the Zoning Hearing Board shall determine the location of the district
boundary.
A.
Permitted uses, conditional uses and special exceptions
for each district are listed in Table A;[1] lot and yard dimensions, maximum height of structure and
maximum lot coverage are specified for each district in Table B.[2] Any use not expressly listed for a district is prohibited
in that district. Conditional uses require approval of the New Wilmington
Borough Council, after recommendation by the Planning Commission,
whereas permitted uses require only normal application procedures.
Special exceptions require the approval of the Zoning Hearing Board,
which may provide for such additional reasonable conditions as are
deemed necessary. Uses which are normally accessory to the declared
permitted uses are also permitted.
[1]
Editor's Note: Table A is included at the end of this chapter.
[2]
Editor's Note: Table B is included at the end of this chapter.
B.
Forestry. The practice of forestry, including timber
harvesting, is declared as a permitted use in all districts. It is
subject to the following conditions:
[Added 10-4-2004 by Ord. No. 476]
(1)
Any harvesting shall present an approved erosion and
sediment control plan prior to the issuance of a zoning permit.
(2)
All tree harvesting practices must protect nearby
structures and utility lines. No uncontrolled felling shall be allowed
in developed areas.
(3)
To avoid traffic congestion and sound disturbance,
all activities must start after 8:30 a.m. and end by 4:30 p.m. during
the working week. No Sunday work shall be permitted.
A.
Conditional uses may be granted or denied by the Borough
Council after a review and recommendations by the New Wilmington Borough
Planning Commission. In addition to determining compliance of the
proposed conditional use with the guidelines and expressed criteria
as set forth by this chapter, the Borough Council may also set forth
reasonable conditions for approval which it feels are necessary to
preserve and protect the neighborhood. Special exceptions may be granted
by the Zoning Hearing Board in accordance with the express standards
and criteria of this chapter. In granting a special exception, the
Board may attach reasonable conditions and safeguards as it may deem
necessary to implement the purposes of this chapter and to protect
the neighborhood. In addition to the specific criteria that must be
considered by the Borough Council in granting conditional uses and
by the Zoning Hearing Board in granting special exceptions, these
bodies are charged with considering the effect such proposed uses
will have upon the immediate neighborhood. The preservation and integrity
of existing development in neighborhoods must be carefully weighed
and given priority in each decision.
B.
Special criteria to be followed in granting either
a conditional use or a special exception are as follows:
(1)
Home occupations. Home occupations are potential intrusions
upon residential areas and as such are to be reviewed closely and
permitted only upon strict adherence to the guidelines and criteria
of this chapter. Such uses must:
(a)
Provide adequate off-street parking. If a specific use is not noted in § 275-19, then the Board shall use similar uses in setting forth requirements.
(b)
The nature of the home occupation shall not
change the outward characteristics of the home as a residential unit.
Not more than 30% of the residence can be used for the home occupation.
(2)
Public utility buildings. Public utility buildings
shall be allowed, but shall be required to provide reasonable yard
space and shall be suitably landscaped. In the interest of public
safety, height limitations for fences surrounding such installations
are hereby waived.
(3)
Fraternity and sorority houses shall be required to
meet the following requirements:
(4)
Hospitals. Hospitals, rest home and nursing homes
shall:
(a)
Have a lot size of at least two acres.
(b)
Provide front, rear and side yards of at least
50 feet.
(c)
Provide screening along any side which abuts
an existing residential use.
(d)
Submit the parking plan and the vehicular circulation
plan to the Borough Police and Fire Company for review and recommendation.
(e)
Strictly observe all required parking and loading/unloading
requirements.
(f)
Such uses shall provide proof that they comply
with state regulations, especially any licensing requirements.
[Added 10-4-2004 by Ord. No. 476]
(5)
Multifamily dwellings: family and elderly.
[Amended 8-31-1998 by Ord. No. 431]
(a)
All multifamily dwellings shall provide for
off-street parking facilities as required by this chapter. However,
in no event shall the required front yard be used for vehicular parking.
(b)
All multifamily dwellings will be allowed only
in areas where both public sewers and water are available to the site.
(c)
As used in this chapter, the term "elderly housing"
or similar terms shall mean residential dwelling units where at least
one occupant has reached the age of 62 years and any other occupant
of the dwelling unit is related by blood or marriage to the occupant
who has reached the age of 62.
(e)
If elderly housing units are part of a facility which provides a continuum of care services, that is, a facility providing support and care options at various levels, including residential supportive housing, retirement living, personal care and nursing care as licensed by the Commonwealth of Pennsylvania, all of which are in close proximity (if not attached) and located upon one plot (or a combination of contiguous lots) not divided by public street(s) or by any other use, then the maximum density may be increased to 36 dwelling units per acre, provided that the requirements of Subsection B(5)(f) below are met.
(f)
Elderly housing multifamily units designed for the elderly, including elderly housing units developed in conjunction with the uses noted in Subsection B(5)(e) above, must be supported by adequate proof and documentation supplied by the owner and operator that they are designed for the elderly, are devoted exclusively for such use and, where necessary, are licensed as applicable, and actually offer the supportive services mentioned above in Subsection B(5)(e).
(6)
Public and private schools.
(a)
Such uses must provide adequate off-street parking
and loading areas. Further the vehicular ingress and egress to such
areas shall be reviewed to determine the effect on traffic safety
and circulation.
(b)
All parking, outdoor recreation or playground
facilities shall be effectively screened from abutting residential
properties.
(7)
Service stations.
(a)
Service stations shall have a lot size of at
least one acre with a lot depth of at least 200 feet and a width of
at least 150 feet.
(b)
Gasoline pumps or other devices for dispensing
motor fuel shall be at least 50 feet from the nearest adjoining lot
line.
(c)
No vehicular storage shall be permitted on public
rights-of-way.
(d)
Vehicular circulation plans shall be reviewed
by the Borough Police and Fire Company.
(e)
Facilities for the proper storage of trash and
tires will be required.
(f)
All yards which abut residential uses must have
screening.
(9)
Residence as a secondary use. This use is designed
for the Commercial District in order to allow residential uses in
buildings whose main function is commercial, subject to the following
conditions:
(a)
Any new use of a commercial structure for secondary
residential shall adhere to the following criteria:
[1]
The commercial use shall meet the minimum lot
area required for the district and the intended use.
[2]
Each secondary residential dwelling shall require
an additional 1,500 square feet of lot space.
[3]
At least one parking space per dwelling unit
is required in addition to the parking required for the commercial
use.
(b)
To increase the number of secondary dwelling
units within an existing commercial structure, the owner must show
the lot to meet the square footage and parking requirements as set
above (i.e., at least 10,000 square feet, plus 1,500 square feet for
each dwelling unit) and provide one parking space per dwelling unit.
(10)
Professional offices. Professional offices in
residential areas shall be subject to the following regulations:
(11)
Bed-and-breakfast establishments. Bed-and-breakfasts
shall be subject to the following regulations:
[Amended 6-2-1986 by Ord. No. 390]
(c)
Screening will be required where a yard abuts
another residential property.
(d)
Alterations to the structure that change its
exterior dimensions are prohibited.
(e)
All required state licenses shall be presented
prior to approval being given.
(f)
The building to be used as the bed-and-breakfast
shall also be the principal residence of the proprietor(s). "Proprietor"
is herein defined as the person who is financially at risk through
the method of operation of the bed-and-breakfast, as contrasted with
the owner of the real estate whose rent might not be affected by inefficient
methods of operation of the business conducted upon the premises owned
by him.
(g)
Breakfast will be the only meal served and is
included in the charge of the room.
[Added 10-4-2004 by Ord. No. 476]
(12)
Juvenile boarding homes. The purpose of these
facilities is to provide nonsecure child care in a residential setting.
Typically, the children in such homes are placed in them by the courts,
county or state agencies or parents.
[Added 2-5-1996 by Ord. No 420]
(a)
Such uses shall provide a lot of at least two
acres in size.
(b)
Minimum front, side and rear yards are to be
at least 35 feet with a ten-foot area of evergreen screening. No formal
play areas are to be allowed in these side and rear yard areas.
(c)
Such facilities shall not have any more than
12 children at any one time. All children must be under the age of
18.
(d)
Such uses are considered as a principal use
and only one per lot of record will be permitted. There shall be a
radius of at least 1,500 linear feet between this and any similar
use.
(e)
Staff parking shall be provided on the lot at
a ratio of one space for each employee (as measured at the largest
shift). At least one additional parking space per each four children
housed will be required for visitors.
(f)
Such facilities will not be approved until evidence
of compliance and approval by the Pennsylvania Department of Welfare,
the Pennsylvania Department of Labor and Industry and other appropriate
regulatory agencies is presented. If such approvals are pending at
the time of hearing, occupancy and use of the facility will not be
allowed until final and documented approvals are filed with the Borough.
(13)
Personal care boarding homes. The purpose of
such homes is to provide residences for individuals in a homelike
setting. Consequently, it is essential to maintain an exterior appearance
that is in harmony with surrounding residences. Personal care boarding
homes are facilities which offer food, shelter and personal assistance
for a period of more than 24 consecutive hours for four or more adult
residents who are not relatives of the operator and where the residents
do not require hospitalization or nursing facility care. In addition,
such uses shall meet the following conditions:
[Added 2-5-1996 by Ord. No. 420]
(a)
There shall be no sign or exterior display beyond the name of the home or its use, no larger than two feet by three feet. (See § 275-22.)
(b)
At least one additional on-lot parking space
shall be provided for each four guests and one additional space for
each nonresident employee.
(c)
No home shall admit more than eight clients
at any one time.
(d)
Required local, county and/or state certifications
shall be presented to the Board. Specially included are to be permits
from the Pennsylvania Departments of Welfare and Labor and Industry.
(e)
All uses shall be served by a community sewer
system and have an adequate water supply for the proposed number of
patrons.
(14)
Day-care. Day-care services for children have two separate types: family day-care homes and group day-care homes. (See Article II for definitions.) These uses shall be allowed, provided that the following criteria are met:
[Added 2-5-1996 by Ord. No. 420]
(a)
Any outdoor play area shall be effectively screened
from abutting properties.
(b)
For all new construction and, where feasible,
for existing structures, circular driveways shall be provided to deliver
and pick up children. These will be for the safety of the children
and the protection of the neighborhood.
(c)
One parking space for each nonresident employee
shall be required.
(d)
The operator shall secure and keep current all
permits from the commonwealth or other licensing agencies.
(15)
Elderly day-care. Elderly day-care is to provide
care for older persons in a home-type setting for less than a twenty-four-hour
day. Such uses shall meet the following criteria:
[Added 2-5-1996 by Ord. No 420]
(17)
Funeral parlors. Funeral parlors shall meet
the following criteria:
[Added 5-7-2001 by Ord. No. 453]
(a)
The lot size shall be not less than 10,000 square
feet.
(b)
At least 20 paved, on-lot parking spaces shall
be provided, with an additional five spaces for each additional viewing
parlor after the first two.
(c)
The driveway system shall be arranged so the
hearse and funeral cortege formation will be taken on the lot and
not on a public street.
(d)
Such uses shall provide proof that they comply
with state regulations, especially any licensing requirements.
[Added 10-4-2004 by Ord. No. 476]
