Within any nonresidential district listed in §§ 108-20, 108-21, 108-22 and 108-23, no building, structure, lot or land shall be used for other than one or more of the permitted or accessory uses listed in said district, except for nonconforming uses and nonconforming buildings in § 108-28.
No building or structure shall be erected to a height in excess of the maximum allowable height in said district, except as provided in supplemental use and building regulations in § 108-24D(1).
Where site plan approval is required for a permitted use in nonresidential districts, said site plan shall be submitted in accord with the procedures set forth in § 108-13. The site plan review criteria shall be as set forth in § 108-13A.
A. 
All permitted uses. The Planning Commission shall determine that the site makes provision, where applicable, for the following:
(1) 
Access facilities adequate for the estimated traffic to and from the site so as to assure the public safety and to avoid traffic congestion. Vehicular entrances and exits shall be clearly visible from the street and not within 75 feet of a street intersection.
(2) 
Adequate collection and disposal of stormwater runoff from this site.
(3) 
Truck loading and unloading berths (where applicable) pursuant to the provisions of § 108-26B, which will not interfere with traffic circulation nor be detrimental in appearance to the site or its surrounding area.
(4) 
Lighting facilities adequate for the safety of pedestrian and vehicular traffic; however, no additional exterior building illumination, other than specified for signs in § 108-27B shall be permitted.
(5) 
Adjacent to every side and rear lot line abutting a residential district, a protective planting strip shall be required not less than 10 feet nor more than 30 feet in width, situated within any required side or rear yard, designed and laid out with suitable evergreen hedges or closely spaced evergreen trees which will be planted at a minimum height of four feet and will attain and shall be maintained at a height of not less than eight feet, so as to provide an effective natural screen between the nonresidential and residential districts. A planting plan specifying type, size and location of existing and proposed plant material shall be required and approved by the Planning Commission prior to issuing a building permit.
A. 
Permitted uses. The following permitted uses shall be allowed in the GB District:
(1) 
Retail store or shop.
(2) 
Business office or office building, studio or agency, such as insurance or real estate office, bank or other financial institution.
(3) 
Professional offices, medical and dental clinics.
(4) 
Barber shop, beauty shop, self-service laundry or dry-cleaning establishments, tailor or dressmaking shop or other personal service store or shop.
(5) 
General servicing or repair shop, such as watch, clock, radio, television or other home appliance repair.
(6) 
Restaurant, cafe, tavern or other place serving food and beverage.
(7) 
Membership club.
(8) 
Church, Sunday school or other place of worship.
(9) 
Place of amusement such as bowling lanes, miniature golf course or theater other than an outdoor drive-in theater.
(10) 
Printing or publishing establishment.
(11) 
Automobiles or machinery sales with accessory service facilities, exclusive of unroofed storage of motor vehicles or machinery.
(12) 
Hotel, motel or boarding house.
(13) 
Upper floor apartments, including single-family, two-family and multiple-family uses, provided that the dwelling units are located on the second floor and above and not on the ground floor or underground floor of a building, and provided that the building and apartment units comply with all applicable provisions of Borough and state health and safety codes and ordinances.
(14) 
Parks and play areas.
(15) 
Art gallery or museum.
(16) 
Funeral home.
(17) 
Parking garage.
(18) 
Child day-care center, pursuant to § 108-25H.
B. 
Accessory uses. The following accessory uses shall be permitted in the GB District:
(1) 
Customary accessory uses and structures, including street lamps, fountains, planter boxes, benches and other similar street furniture.
(2) 
Public off-street parking areas pursuant to the applicable provisions of § 108-26A.
(3) 
Private garage or private parking area pursuant to the applicable provisions of § 108-24B.
(4) 
Signs, pursuant to the provisions of § 108-27.
C. 
Special exception uses. The following uses are permissible subject to Zoning Hearing Board approval pursuant to § 108-36:
(1) 
Community center complex, public library, municipal building, fire or police station.
(2) 
Hospital, convalescent home or other similar use.
(3) 
Filling station.
(4) 
Car washing station or public garage.
(5) 
Bus passenger station or taxi station.
(6) 
Public utility building, structure or facility.
(7) 
Outdoor storage of automobiles or machinery for sale, except junked automobiles or machinery.
(8) 
Open air retail sales establishments for agricultural or horticultural products.
(9) 
Open front stores arranged and designed for the purpose of making sales to persons on the public street or sidewalk.
(10) 
Conversion of existing buildings into apartments.
(11) 
Limousine service base.
(12) 
Bed-and-breakfast.
[Added 12-14-2000 by Ord. No. 559, approved 12-14-2000]
D. 
Lot area, width, building coverage and height regulations in the GB District shall be as follows:
Minimum Lot Area
(square feet)
Minimum Lot Width
(feet)
Maximum Building Coverage of Lot
Maximum Building Height
(feet)
Hotel, motel boardinghouse
1,000 per bedroom
100
40%
40
All other permitted uses
7,800
60
60%
40
E. 
Minimum yard requirements in the GB District shall be as follows:
Front Yard
One Side Yard
(feet)
Both Sides Total Width
Side Yard With Abutting Street
(feet)
Rear Yard
(feet)
Hotel, motel boardinghouse
None required
8 1/2
the height of the structure
10
25
All other permitted uses
None required
None required
None required
10
10
F. 
Site plan approval shall be required for the following uses:
(1) 
Permitted uses listed in this district pursuant to the provisions of § 108-19.
(2) 
Special exception uses pursuant to the provisions of § 108-36.
A. 
Permitted uses. The following permitted uses shall be allowed in the IL District:
(1) 
Nonnuisance industry, including the following: printing plant, newspaper plant, metal and electrical components manufacture and assembly plant, manufacturing of textiles and apparel goods and other similar industries.
(2) 
Industrial parks as defined in § 108-8 containing uses permitted in this district.
(3) 
Research institute or laboratory.
(4) 
Wholesale establishment, warehouse, storage and distribution establishment.
(5) 
Office, office building, including headquarters for industrial plants, medical and dental clinics, professional offices, insurance and real estate offices.
(6) 
Automobile or machinery sales with accessory service facilities, including outdoor storage of nonjunked automobiles for sale, farm and other machinery sales and service and automobile and machinery repair shops.
(7) 
Building materials sales and storage yard.
(8) 
Dry-cleaning plant or laundry.
(9) 
Public utility building, structure or facility.
(10) 
Public off-street parking lot or parking garage pursuant to the applicable provisions of § 108-26A.
(11) 
Parks and recreation areas.
B. 
Accessory uses. The following accessory uses shall be permitted in the IL District.
(1) 
Customary accessory uses and structures.
(2) 
Private garage or private parking area pursuant to the applicable provisions of § 108-24B.
(3) 
Signs, pursuant to the provisions of § 108-27.
C. 
Special exception uses. The following uses are permissible subject to Zoning Hearing Board approval pursuant to § 108-36:
(1) 
Plant for processing and storage of agricultural products such as packing plants, canneries, dairies and cold-storage plants.
(2) 
Municipal building, police or fire station.
(3) 
Membership club.
(4) 
Miniature golf course, bowling lanes and other similar commercial recreation establishments.
(5) 
Filling station or car washing station.
(6) 
Bus passenger station.
(7) 
Railroad terminal and distribution facilities.
(8) 
Limousine service base.
(9) 
Adult bookstore.
(10) 
Adult movie/picture theater.
(11) 
Cabaret.
D. 
Conditional uses. Each of the following principal uses may be permitted in the IL District by the Pen Argyl Borough Council in accordance with the procedures and standards contained in § 108-36.1.
[Added 12-13-2022 by Ord. No. 722,[1] approved 12-13-2022]
(1) 
Conversion of existing buildings into apartments.
(a) 
Each apartment must include the following number of square feet of interior space:
[1] 
Efficiencies: 400 square feet.
[2] 
One bedroom: 500 square feet.
[3] 
Two bedroom: 650 square feet.
[4] 
Three bedroom: 800 square feet.
[5] 
150 square feet of additional space for each additional bedroom.
(b) 
Each apartment must provide complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, washing, cooking and sanitation.
(c) 
Ingress-egress. Exitways shall provide safe and continuous means of egress to a street or to open space with direct access to a street. Each apartment shall be provided with direct and continuous access to such an exitway. All required exitways shall be so located as to be discernible and accessible without obstruction and so arranged to lead directly to the street or to an area of safety with supplemental means of egress that will not be obstructed or impaired by fire, smoke or other cause.
(d) 
Conversions shall conform to the provisions of the Uniform Construction Code[2] as administered by the Pennsylvania Department of Labor and Industry.
[2]
Editor's Note: See Ch. 52, Construction Codes, Uniform.
(e) 
Conversions shall conform to the lot size, building setback, lot coverage and height limitations set forth in Articles V and VI.
(f) 
A minimum lot area of 3,600 square feet shall be provided per dwelling unit.
(g) 
Any conversion of an existing single-family detached dwelling into apartments shall maintain the appearance of a single-family detached dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure, or the apartments may share the single front entrance.
(2) 
Retail store or shop.
(3) 
Business office or office building, studio or agency, such as insurance or real estate office, bank or other financial institution.
(4) 
Professional offices, medical and dental clinics.
(5) 
Barber shop, beauty shop, self-service laundry or dry-cleaning establishments, tailor or dressmaking shop or other personal service store or shop.
(6) 
Restaurant, cafe, tavern or other place serving food or beverage.
(7) 
Parks and play areas.
(8) 
Art gallery or museum.
(9) 
Parking garage.
(10) 
Child day-care center, pursuant to § 108-25H.
[1]
Editor’s Note: This ordinance also redesignated former Subsections D through F as Subsections E through G, respectively.
E. 
Lot area, width, building coverage and height regulations in the IL District shall be as follows:
Minimum Lot Area
(square feet)
Minimum Lot Width
(feet)
Maximum Building Coverage of Lot
Maximum Building Height
(feet)
30,000
125
30%
50
F. 
Minimum yard requirements in the IL District shall be as follows:
Front Yard
(feet)
One Side Yard
(feet)
Both Sides Total Width
(feet)
Side Yard With Abutting Street
(feet)
Rear Yard
(feet)
25
10
25
20
40
G. 
Site plan approval shall be required for the following uses:
(1) 
Permitted uses listed in this district pursuant to the provisions of § 108-19.
(2) 
Special exception uses pursuant to the provisions of § 108-36.
(3) 
Conditional use uses pursuant to the provisions of § 108-36.1.
[Added 12-13-2022 by Ord. No. 722, approved 12-13-2022]
[Amended 6-1-2004 by Ord. No. 598, approved 6-1-2004]
A. 
Permitted uses.
(1) 
Agriculture, horticulture, forestry, and their accessory uses.
(2) 
Building and construction materials manufacture and storage.
(3) 
Nonnuisance industry (as defined in § 108-8) including the following: printing plant, newspaper plant, metal and electrical components manufacture, assembly plant, manufacturing of textiles and apparel goods, and other manufacturing industries, provided the industry complies with all the environmental protection provisions under § 108-29.
(4) 
Off-street parking lot pursuant to the applicable provisions of § 108-26.
(5) 
Public utility building, structure, or facility.
(6) 
Parks, recreation, and nature areas.
B. 
Accessory uses.
(1) 
Accessory uses and structures customarily incidental to the permitted principal uses.
(2) 
Office facilities directly associated with uses permitted in this district.
(3) 
Signs pursuant to § 108-27.
C. 
Special exception uses. The following uses are permissible subject to Zoning Hearing Board approval pursuant to § 108-36.
(1) 
Municipal building, fire or police station.
(2) 
Plant for processing and storage of agricultural products, such as mills, packing plants, canneries, dairies, and cold storage plants.
D. 
Conditional uses. Each of the following principal uses may be permitted in the IE District by the Pen Argyl Borough Council in accordance with the procedures and standards contained in § 108-36.1.
(1) 
Mineral extraction.
(2) 
Warehouse and wholesale trade.
(3) 
Other industries not listed as permitted uses in Subsection A or as special exception uses in Subsection C that are able to provide sufficient evidence that the industry in question will not be detrimental to the environment in which it is located by reason of the emission of smoke, noise, odor, dust, vibration, or excessive light, beyond the limits of its lot, and that are in compliance with all the environmental protection provisions under § 108-29.
(4) 
Terminal, storage, and transfer facilities for trucking (including motor freight terminal), busing, or railroad operations.
(5) 
Recycling collection center.
(6) 
Bulk recycling center.
(7) 
Solid waste transfer facility.
(8) 
Solid waste disposal facility.
(9) 
Industrial park, as defined in § 108-8, containing uses permitted in this district.
E. 
Lot area, width, building coverage, and height regulations, except as specified in this chapter.
Minimum Lot Area
(square feet)
Minimum Lot Width
(feet)
Maximum Building Coverage of Lot
Maximum Building Height
(feet)
40,000
100
25%
50
F. 
Minimum yard requirements, except as specified in this chapter.
Front Yard
(feet)
One Side Yard
(feet)
Both Sides Total Width
(feet)
Side Yard With Abutting Street
(feet)
Rear Yard
(feet)
25
25
50
20
30
G. 
Site plan approval.
(1) 
Required for permitted uses listed in this district pursuant to the provisions of § 108-19.
(2) 
Required for special exception uses pursuant to the provisions of § 108-36.
(3) 
Required for conditional uses pursuant to the provisions of § 108-36.1.
A. 
Permitted uses. The following permitted uses shall be allowed in the SC District:
(1) 
Outdoor recreation areas such as parks, playgrounds or picnic grounds.
(2) 
Bomb or fallout shelters when constructed underground.
(3) 
Municipal, civic or public building.
(4) 
Cemeteries or mausoleums.
(5) 
Tree nurseries.
(6) 
Animal grazing land.
(7) 
Commercial forests.
B. 
Accessory uses allowed in the SC District: none.
C. 
Special exception uses. The following use is permissible subject to Zoning Hearing Board approval pursuant to § 108-36: commercial communications tower or antenna.
D. 
Lot area, width, building coverage and height regulations in the SC District shall be as follows:
Minimum Lot Area
(square feet)
Minimum Lot Width
(feet)
Maximum Building Coverage of Lot
Maximum Building Height
(feet)
Permitted uses
43,560
150
10%
35
E. 
Minimum yard requirements in the SC District shall be as follows:
Front Yard
(feet)
One Side Yard
(feet)
Both Sides Total Width
(feet)
Side Yard With Abutting Street
(feet)
Rear Yard
(feet)
Permitted uses
25
10
25
20
40
F. 
Site plan approval shall be required for outdoor recreation areas such as parks, playgrounds, picnic grounds and golf courses.