A.
For the purpose of implementing the community development objectives
of this chapter, the following zoning districts are hereby established:
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R-1
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Low-Density Residential District
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R-2
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Moderate-Density Residential District
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TND
|
Traditional Neighborhood Development District
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|
T-C
|
Town Center Commercial District
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H-C
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Highway Commercial District
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I
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Industrial District
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S
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Conservation Overlay District
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H
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Historic Overlay District
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B.
The districts and district requirements are delineated in this article.
The purpose of the Low-Density Residential District is to protect
existing residential areas from incompatible land uses and to provide
for the continuation of relatively low-density residential development.
The district also provides for certain public and semipublic uses
considered necessary to the general welfare of the district. Uses
that would substantially interfere with the principal uses are discouraged.
A.
Permitted uses. The following are permitted uses in the R-1 District:
B.
Special exception uses. The following require special exceptions in accordance with Article VI of this chapter and are subject to review and action by the Zoning Hearing Board:
(1)
Primary and secondary educational facilities (public and private).
(2)
Day-care facilities (child and adult), subject to appropriate state
regulations.
(3)
Home occupations.
(4)
Funeral homes.
(5)
Bed-and-breakfast inns.
(6)
Accessory buildings and uses on the same lot with and incidental
to approved special exception uses in this subsection.
C.
Area. The minimum lot area for uses within the R-1 District is as
follows:
(1)
Single-family dwellings: 7,500 square feet.
(2)
Other uses: 15,000 square feet or the minimum required to meet off-street
parking and other requirements, whichever is greater.
(3)
Special. For any lot of record not served by public sewer and/or
water, the minimum lot size is further determined as that required
for properly permitted and operating on-lot systems.
E.
Lot coverage. All buildings, including accessory buildings/structures,
shall not cover more than 40% of the lot.
F.
Setback. The minimum distance from the right-of-way or property line
is as follows:
(2)
Side yards.
(a)
Side yard (interior lot).
[1]
Principal building: Each lot shall have two side yards, with
each being a minimum of eight feet.
G.
Height. The maximum height of buildings within the R-1 District is
35 feet.
The Moderate-Density Residential District is intended to protect
existing residential areas from incompatible land uses and to provide
primarily for single-family and two-family housing at moderate densities.
Certain public and semipublic uses are also provided for in this district.
A.
Permitted uses. The following are permitted uses in the R-2 District:
(1)
Single-family detached dwellings.
(2)
Two-family detached dwellings.
(3)
Conversion apartments.
(4)
Rooming houses.
(6)
Public uses.
(7)
Group homes.
(8)
Essential services.
(9)
Cemeteries.
(10)
Accessory buildings and uses on the same lot with and incidental
to any of the above uses.
(11)
Forestry.
(12)
No-impact home-based businesses.
(13)
Pet grooming services, so long as they meet the following requirements:
[Added 2-22-2023 by Ord. No. 1173]
(a)
Permitted only in one-family dwellings without a single apartment
unit and accessory buildings;
(b)
The hours of operation shall be limited to 7:00 a.m. to 6:00 p.m.,
Monday through Friday, and 7:00 a.m. to 1:00 p.m. Saturday. No activities
associated with pet grooming, including dropoff and pickup, are permitted
outside the hours of operation or Sundays;
(c)
No overnight boarding or keeping of any such pets other than the
owner's pets is permitted. The owner's pets may include foster pets;
(d)
Dogs shall be on a leash under the control of the groomer at all
times when outside the building;
(e)
A solid panel privacy fence or masonry wall at least six feet in
height shall be provided to screen outside locations where pets may
be taken;
(f)
No in-home pet day care is permitted; and
(g)
Pet grooming services may only be conducted by the residents and
one nonresident assistant.
B.
Special exception uses. The following require special exceptions in accordance with Article VI of this chapter and are subject to review and action by the Zoning Hearing Board:
(1)
Social halls, private clubs and fraternal organizations.
(2)
Day-care facilities (child and adult), subject to appropriate state
regulations.
(3)
Funeral homes.
(4)
Personal care homes.
(5)
Nursing homes.
(6)
Bed-and-breakfast inns.
(7)
Multifamily dwellings.
(8)
Accessory buildings and uses on the same lot with and incidental
to approved special exception uses in this subsection.
(9)
Primary, secondary and postsecondary educational facilities.
(10)
Philanthropic facilities (public and private).
(11)
Home occupations.
(12)
Mobile home parks.
(13)
Stand-alone structures.
[Added 2-22-2023 by Ord. No. 1175]
C.
Area. The minimum lot area for uses within the R-2 District is as
follows:
E.
Lot coverage. All buildings, including accessory buildings/structures,
shall not cover more than 40% of the lot.
F.
G.
Height. The maximum height of buildings within the R-2 District is
35 feet.
The Traditional Neighborhood Development District is intended
to provide a variety and mix of housing types and land uses in a defined
area. The variety of uses permits educational facilities, civic buildings
and less-intrusive commercial establishments to be located within
walking distance of private homes. Furthermore, the TND District attempts
to retain the traditional residential appearance of existing structures
even if they are placed into permitted and/or approved nonresidential
uses.
A.
Permitted uses. The following are permitted uses in the TND District:
(1)
Single-family detached dwellings.
(2)
Two-family detached dwellings.
(3)
Conversion apartments.
(4)
Rooming houses.
(5)
Multifamily dwellings.
(6)
Public uses.
(7)
Group homes.
(8)
Essential services.
(9)
Hospitals and clinics.
(10)
Neighborhood commercial establishments requiring no-/minimal-impact
activities.
(11)
Professional, medical, dental and legal offices requiring no-/minimal-impact
activities.
(12)
Social halls, private clubs and fraternal organizations.
(13)
Personal care homes.
(14)
Nursing homes.
(15)
Bed-and-breakfast inns.
(16)
Day-care facilities (child and adult), subject to appropriate
state regulations.
(17)
Accessory buildings and uses on the same lot with and incidental
to any of the above uses.
(18)
Forestry.
(19)
Home occupations.
(20)
No-impact home-based businesses.
(21)
Mobile home parks.
(22)
Cultural facilities and museums.
[Added 2-7-2012 by Ord. No. 1117]
B.
Special exception uses. The following require special exceptions in accordance with Article VI of this chapter and are subject to review and action by the Zoning Hearing Board:
(1)
Neighborhood commercial establishments requiring impact activities.
(2)
Professional, medical, dental and legal offices requiring impact
activities.
(3)
Funeral homes.
(4)
Primary, secondary and postsecondary educational facilities.
(5)
Philanthropic facilities (public and private).
(6)
Accessory buildings and uses on the same lot with and incidental
to approved special exception uses in this subsection.
C.
Area. The minimum lot area for uses within the TND District is as
follows:
D.
Minimum lot width. The minimum lot width within the TND District
at setback is 40 feet.
E.
Lot coverage. All buildings, including accessory buildings/structures,
shall not cover more than 50% of the lot.
F.
Setback. The minimum distance from the right-of-way or property line
is as follows:
(2)
Side yards.
(a)
Side yard (interior lot).
[1]
Principal building: Each lot shall have two side yards, with
each being a minimum of five feet, or the side setbacks resulting
from the existing principal building, whichever is less.
G.
Height. The maximum height of buildings within the TND District is
35 feet.
The purpose of the Town Center Commercial District is to provide
for a variety of commercial uses within certain contiguous areas at
the intersection of and along portions of major access corridors within
the Borough; to promote a greater concentration and continuity of
retail stores, restaurants and commercial services having a primary
pedestrian orientation; and to promote the use of buildings within
certain areas of the central business district for retail sales, personal
and finance services, eating establishments and similar uses.
A.
Permitted uses. The following are permitted uses in the T-C District:
(1)
Pedestrian-oriented commercial retail establishments, including general
merchandise stores, restaurants, food stores, antique shops, craft
shops, artisan shops/studios, furniture stores, appliance stores,
drinking establishments, hardware stores, clothing stores, and similar
retail sales, excluding those with drive-in facilities and excluding
adult entertainment establishments.
(2)
Commercial services establishments, including insurance offices,
photography studios, travel agencies, educational services, and similar
service establishments.
(3)
Banks and other financial institutions, excluding those with drive-in
facilities.
(4)
Church or house of worship.
(5)
Commercial recreation establishments, including health clubs, dance
studios, social centers and gymnasiums.
(6)
Hotels.
(7)
Professional offices, including medical, dental, optical, legal,
accounting services and similar recognized professions.
(8)
Cultural facilities, including libraries, museums and theaters.
(9)
Eating and drinking establishments, excluding those with drive-in
facilities.
(10)
Business offices and service establishments.
(11)
Personal service establishments, including tailoring, haircutting
and hairstyling, day care, shoe repair, dry cleaning, and similar
establishments, excluding personal services defined as adult entertainment.
(12)
Private clubs and fraternal organizations.
(13)
Off-street parking as a principal use.
(14)
Post office and government buildings.
(15)
Multifamily dwellings in buildings under 55 feet in height,
except for on the first floor of commercial buildings.
[Amended 5-30-2012 by Ord. No. 1120]
(16)
Postsecondary educational facilities.
(17)
Bus and transit terminals.
(18)
Funeral homes.
(19)
Public uses.
(20)
Mixed-use buildings housing two or more permitted uses in this
district.
(21)
Accessory buildings and uses on the same lot with and incidental
to any of the above uses.
(22)
Essential services.
(23)
Forestry.
(24)
Microbrewery with manufacturing, sales and distribution.
[Added 8-8-2022 by Ord. No. 1168]
(25)
Bed-and-breakfast inns, rooming and boarding houses and other facilities
where short-term (less than 30 days) lodgings are provided for rent,
except for on the first floor of commercial buildings.
[Added 1-9-2023 by Ord. No. 1172]
B.
Special exception uses. The following require special exceptions in accordance with Article VI of this chapter and are subject to review and action by the Zoning Hearing Board:
(1)
Multifamily dwellings in buildings exceeding 55 feet in height.
(2)
Automotive repair establishments.
(3)
Accessory buildings and uses on the same lot with and incidental
to approved special exception uses in this subsection.
(4)
Flea market.
(5)
Permitted commercial establishments requiring drive-up/drive-through
windows and lanes.
C.
D.
Minimum lot width: none required.
E.
Lot coverage. All buildings, including accessory buildings, shall
not cover 80% of the lot.
G.
Height. The maximum height of buildings within the T-C District is
65 feet.
H.
Off-street parking. Permitted uses in the T-C District operating in a principal building or portion thereof with a gross floor area under 5,000 square feet are exempt from off-street parking requirements due to the supply of on-street spaces. Permitted uses in excess of the threshold of 5,000 square feet shall supply off-street parking in accordance with § 235-40 for the gross floor area in excess of 5,000 square feet.
The purpose of the Highway Commercial District is to provide
for a wide range of needed highway-oriented commercial uses in locations
that are less likely to involve conflicts with existing residences,
as well as exercise special care and control on access onto arterial
and connector streets to avoid traffic hazards.
A.
Permitted uses. The following are permitted uses in the H-C District:
(1)
Convenience stores.
(2)
Shopping center and mall.
(3)
Highway-oriented commercial retail establishments, including department
stores, supermarkets, building supply and lumber yards and similar
retail sales.
(4)
Vehicle sales/service establishments, including new/used vehicle
dealers, boat sales/service, vehicle service stations, car wash establishments
and car rental agencies.
(5)
Commercial services establishments, including insurance offices,
photography studios, travel agencies, educational services, and similar
service establishments.
(6)
Banks and other financial institutions.
(7)
Church or house of worship.
(8)
Commercial recreation establishments, including health clubs, dance
studios, social centers and gymnasiums.
(9)
Motels.
(10)
Cultural facilities, including auditoriums and drive-in theaters.
(11)
Eating and drinking establishments, including drive-in eating
establishments.
(12)
Business offices and service establishments.
(13)
Personal service establishments, including tailoring, haircutting
and hairstyling, day care, shoe repair and dry cleaning.
(14)
Private clubs and fraternal organizations.
(15)
Public uses.
(16)
Retail nurseries, greenhouses and garden supply establishments.
(17)
Nursing homes.
(18)
Beverage distributors.
(19)
Professional offices.
(20)
Building contractor's office and storage facilities.
(21)
Funeral homes.
(22)
Self-service storage facilities.
(23)
Recycling collection point.
(24)
Veterinary offices, animal hospitals and kennels.
(25)
Accessory buildings and uses on the same lot with and incidental
to any of the above uses.
(26)
Essential services.
(27)
Forestry.
(28)
Personal care homes.
[Added 2-7-2012 by Ord. No. 1117]
B.
Special exception uses. The following require special exceptions in accordance with Article VI of this chapter and are subject to review and action by the Zoning Hearing Board:
C.
Area. The minimum lot area for uses within the H-C District is as
follows:
D.
Minimum lot width. The minimum lot width within the H-C District
for all uses at setback is 50 feet.
E.
Lot coverage. All buildings, including accessory buildings, shall
not cover 50% of the lot. At least 10% of the lot area shall be covered
with vegetative material.
G.
Height. The maximum height of buildings within the H-C District is
35 feet.
The purpose of the Industrial Manufacturing District is to permit
and encourage industrial development that will be so located and designed
as to constitute a harmonious and appropriate part of the physical
development of the community, to contribute to the economic base and
to create local employment opportunities.
A.
Permitted uses. The following are permitted uses in the I District:
(1)
Trucking and transfer facilities.
(2)
Warehouses and wholesale businesses.
(3)
Yards of general contractors, or similar tradesmen, engaged in building
or construction.
(4)
Building materials storage and sales.
(5)
Cold storage plant, frozen food plant, beverage distribution plant
and catering plant.
(6)
Tool, die, welding and machine shop.
(7)
Plumbing, heating, roofing, carpentry, electrical, welding, buffing,
finishing, plating, heat-treating, painting and pipe fitting shop.
(8)
Central dry-cleaning plants or laundries, provided that such plants
shall not deal directly with the consumer at retail.
(9)
Printing, photofinishing, engraving, lithographing, reproducing or
binding establishment.
(10)
Manufacture, compounding, processing, canning, containing, packaging,
treatment and distribution of products, including food products, pharmaceuticals,
paper products, hardware, cutlery, tools, scientific instruments,
musical instruments, toys, novelties, optical goods, wood products,
sheet metal products, electrical or electronic devices and articles
or merchandise from previously prepared materials.
(11)
Laboratory and research facilities.
(12)
Mail-order business.
(13)
Self-service storage facilities.
(14)
Electrical substation or bulk transformer.
(15)
Recycling center.
(16)
Finishing, grinding, polishing, stamping or heat-treating of
products.
(17)
Manufacture of textiles, apparel, shoes and apparel accessories.
(18)
Sales and rental of industrial equipment, other than vehicles
primarily intended for use on public streets.
(19)
Manufacture of transportation equipment.
(20)
Manufacture of manufactured or modular housing.
(21)
Manufacture of fabricated metal products.
(22)
Assembly of products from materials manufactured off the premises.
(23)
Accessory buildings and uses on the same lot with and incidental
to any of the above uses.
(24)
Essential services.
(25)
Forestry.
(26)
Drug and alcohol rehabilitation and treatment.
[Added 6-10-2013 by Ord. No. 1127]
B.
Special exception uses. The following require special exceptions in accordance with Article VI of this chapter and are subject to review and action by the Zoning Hearing Board:
C.
Area. The minimum lot area for uses within the I District is 10,000
square feet. The minimum lot shall be sufficient to comply with all
dimensional, parking, loading, and buffer requirements of this district.
D.
Minimum lot width: none required.
E.
Lot coverage. All buildings, including accessory buildings, shall
not cover 80% of the lot.
G.
Height. The maximum height of buildings within the I District is
65 feet.
This district shall be an overlay to the Official Zoning Map
of the Borough. The district requirements as specified in this section
shall supersede the requirements specified in the underlying district
requirements of the affected districts. The S Overlay District is
intended to provide for and preserve certain significant open space
resources in the Borough to meet recreational needs of the residents
and visitors, maintain the quality of life, and protect critical natural
features.
B.
Special exception uses. The following require special exceptions in accordance with Article VI of this chapter and are subject to review and action by the Zoning Hearing Board:
C.
Area: the minimum lot area for uses within the underlying district.
D.
Minimum lot width: the minimum lot width within the underlying district.
E.
Coverage. All buildings, including accessory buildings, shall not
cover 30% of the lot.
F.
Setback. The minimum distance from the right-of-way or property line
is as required by the underlying district.
G.
Height. The maximum height of buildings within the S District is
35 feet.
This district shall be an overlay to the Official Zoning Map
of the Borough. The district requirements as specified in this section
shall supersede the requirements specified in the underlying district
requirements of the affected districts. The H Overlay District is
intended to promote the retention of historic and architectural resources
that reflect the heritage of the Borough, to encourage the rehabilitation
and adaptive reuse of identified historic properties and to encourage
historic preservation as an economic development tool.
A.
Identification. The Punxsutawney Historic Overlay District is identified
on the Official Zoning Map Series. There are two types of structures
in this district:
B.
Applicability.
(1)
The Historic Preservation Overlay District shall be an overlay district
that overlaps and supplements underlying zoning districts containing
underlying lots of record.
(2)
Provisions of the applicable underlying zoning districts shall continue
to apply in addition to the provisions of this section. In the event
of a conflict between the provisions of the H District and the underlying
zoning district, the provision that is more restrictive shall apply.
Properties in the H District containing only Class II structures are
exempt from the requirements of this subsection.
(3)
Should the boundaries of the H District be revised as a result of
legislative or administrative actions or judicial decision, the underlying
zoning requirements shall continue to be applicable. In addition,
it is not intended by this section to repeal, abrogate or impair any
existing easements, covenants or deed restrictions.
(4)
Activities to any Class I building shall occur only when in compliance
with the terms of this section and other applicable regulations.
D.
Special exception uses. The following require special exceptions in accordance with Article VI of this chapter and are subject to review and action by the Zoning Hearing Board:
E.
Area: the minimum lot area for uses within the underlying district.
F.
Minimum lot width: the minimum lot width within the underlying district.
G.
Coverage. The maximum coverage percentage of the underlying district
shall apply.
H.
Setback. The minimum distance from the right-of-way or property line
is as required by the underlying district.
I.
Height. The maximum height of buildings within the H District is
as required by the underlying district.
The boundaries of the zoning districts shall be shown on the
map attached to and made a part of this chapter that shall be designated
the "Official Zoning Map.”[1] The same map and all the notations, references, and other
data shown thereon are hereby incorporated by reference into this
chapter as if all were fully described within the text of this chapter.
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
Where uncertainty exists as to boundaries of any district as
shown on said map, the following rules shall apply:
A.
District boundary lines are intended to follow or be parallel to
the center line of streets, streams and railroads, and lot or property
lines as they exist on a recorded deed or plan or record in the Jefferson
County Recorder of Deed's office at the time of the adoption of this
chapter, although district boundary lines are graphically depicted
in scale as per the legend on the Zoning Map.
B.
Where a district boundary is not fixed by dimensions and where it
approximately follows lot lines and where it does not scale more than
10 feet therefrom, such lot lines shall be construed to be such boundaries
unless specifically shown otherwise.
C.
In unsubdivided land or where a district boundary divides a lot,
the location of such boundary, unless the same is indicated by dimensions,
shall be determined by the use of the scale appearing on the maps.
D.
In cases of uncertainty as to the true location of a district boundary
line in a particular instance, the Zoning Officer shall request the
Zoning Hearing Board to render its determination; provided, however,
that no boundary shall be changed by the Zoning Hearing Board.
The regulations set forth in this article for each district
shall be minimum regulations and shall apply uniformly to each class
or kind of structure or land, except as hereinafter provided.
A.
No building, structure, or land shall hereafter be used or occupied
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved, or structurally altered except
in conformity with all of the regulations herein specified for the
district in which it is located.
B.
No building or other structure shall hereafter be erected or altered:
(1)
To exceed height or bulk requirements.
(2)
To occupy a greater percentage of lot area.
(3)
To accommodate or house a greater number of families, except as permitted
in a residential conversion.
(4)
To have narrower or smaller rear yards, front yards, side yards,
or other open space than herein required or in any other manner to
be contrary to this chapter.
C.
No part of a yard or other open space or off-street parking or loading
space required about or in connection with any building for the purpose
of complying with this chapter shall be included as part of a yard,
open space or off-street parking or loading space similarly required
for any other building.
D.
No yard or lot existing at the time of passage of this chapter shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
chapter shall meet at least the minimum requirements established by
this chapter.
E.
Any territory which may hereafter be annexed to the Borough shall
be considered to be in the R-1 District until otherwise classified.
The specific use regulations and dimensional requirements pertaining
to each district are contained in the descriptions in this article.
