Activities involving the use of buildings and
land for gardening, farming, nurseries and greenhouses, riding academies,
livery or boarding stables, dog kennels and animal hospitals shall
be subject to the applicable regulations of the Commonwealth of Pennsylvania
and to the following safeguards and regulations:
A. Buildings in which animals are kept shall not hereafter
be erected or converted within 100 feet of any lot line.
B. Storage of manure or an odor- or dust-producing substance
shall not be permitted within 100 feet of any lot line.
C. The tilling of the soil, raising of crops, gardening
and sale of produce grown on the premises shall be permitted in any
district.
The conversion of a building into a dwelling
for one or more families may be permitted subject to the following
provisions:
A. The minimum habitable floor area is provided as required in §
175-78 hereinafter.
B. If any extension of the building is proposed, it shall
comply with the area regulations of the district in which it is located.
C. No fire escapes shall be located on the front of the
building.
D. Parking shall be provided in accordance with provisions of Article
XIV.
Group dwellings shall be permitted as a special
exception in residential districts in conformance with the following:
A. Lot area shall be in accordance with the provisions
of the district.
B. Lot coverage shall be in accordance with the provisions
of the district.
C. Yards. Interior yards (open space between buildings)
shall be provided as follows:
(1) When front to front, rear to rear, or front to rear,
parallel buildings shall have 50 feet between faces for one story
in height, plus five feet for each additional story. If the front
or rear faces are obliquely aligned, the above distances may be decreased
by as much as 10 feet at one end if increased by similar or greater
distances at the other end. Where parking areas or bank grade changes
are introduced in this space, the yard distance shall be at least
25 feet on each side of such features.
(2) Between end walls of buildings, yard space of 25 feet
for each one-story building, plus five feet for each additional story,
shall be required.
(3) Between end walls and front or rear faces of buildings,
30 feet for one story, plus five feet for each additional story, shall
be required.
(4) Outer and inner courts shall be permitted when such
courts are not less than 50 feet or equal to the dimensions of the
full height of the building walls enclosing the court, whichever is
greater.
(5) The minimum distance separating multiple-family buildings
from nonresidential uses shall be not less than 40 feet.
D. Buffer yards. Along any district boundary line separating nonresidential uses from residential uses, a buffer yard shall be provided and maintained in accordance with §
175-75 hereof.
E. Off-street parking.
(1) Off-street parking shall be provided as set forth in Article
XIV.
(2) Parking areas designed to serve four or more dwelling
units shall be located not more than 200 feet from the structures
housing the dwelling units to be served.
(3) Outdoor parking spaces and approaches shall be deemed
to be part of the open space of the lot on which they are located.
F. Streets.
(1) Plans for streets, drives, service access, parking,
walks and all such facilities shall be reviewed and approved. All
such facilities shall then be designed and installed in the manner
prescribed by the Sunbury Land Subdivision Regulations, and amendments
thereto, for dedication, regardless of whether they are to be presented
to the municipality for dedication or not.
(2) Suitable access for firefighting equipment, refuse
collection and snow removal shall be provided.
G. Location. The site shall adjoin at least one of the
major streets or be reasonably near so that the access drive or drives
can be satisfactorily arranged to avoid increasing traffic on local
residential streets.
In districts where permitted, motels shall be
subject to the following safeguards and regulations:
A. No building or structure, or part thereof, shall be
placed closer to any lot line than 15 feet.
B. At least one parking space shall be provided on the premises for each sleeping room (unit or accommodation). Off-street parking and loading spaces for other facilities developed on the motel premises shall be provided as required by Articles
XIV and
XV.
C. Every sleeping room (unit or accommodation) shall
be provided with hot and cold running water and toilet facilities.
[Amended 1-11-2016]
As a special exception, in the R-2 Residential
District, mobile home parks may be permitted, subject to the following
safeguards and regulations, and shall comply with all applicable state
and/or municipal regulations now in effect or hereafter enacted.
A. The application shall include a plan for the layout
and design of the park, including a legal description and clearly
setting forth the following information:
(1) Minimum mobile home park area: A mobile home park shall have an area
of at least 10 acres.
(3) The extent and area to be used for parking purposes.
(4) Driveways and entrances, exits, roadways and walkways.
(5) Location and number of proposed sanitary conveniences,
including washrooms, laundry rooms, drying space, utility rooms and
toilets.
(6) Location of the sites for mobile homes.
(7) Method and plan of sewage disposal.
(8) Method and plan for garbage and trash removal.
(9) Plans for electric lighting and service connections.
(10)
Plans for water supply and distribution.
(11)
Area to be used for play space.
B. The driveways, exits, entrances and walks shall be lighted and paved
in accordance with municipal standards. One-way-traffic driveways
shall not be less than 12 feet wide, and two-way-traffic driveways
shall not be less than 22 feet wide. Sidewalks shall be a minimum
of five feet in width.
C. An area of not less than 2,000 square feet shall be provided for
each mobile home. No more than 30% of any lot shall be covered by
structures.
D. The minimum width of each mobile home space shall
be 40 feet.
E. The minimum depth of each mobile home space shall
be not less than 50 feet or 30% longer than the mobile home, whichever
requirement is greater.
F. Each mobile home shall be located not less than 20 feet from any
building or other mobile home and not less than 50 feet from the lot
line bounding adjacent property. The maximum height of any building
shall be 15 feet or one story.
G. Separate provision shall be made for the parking of
tow vehicles at a location removed from the mobile home spaces, and
there shall be one off-street parking space not less than nine feet
wide and 20 feet long for each mobile home space.
H. In addition to the off-street parking required in Subsection
G above, there shall be additional off-street parking spaces required equal to 1/2 the number of mobile home spaces provided in the mobile home park.
I. Sewers. Each mobile home park shall be provided with
sewage disposal facilities. The proposed provisions for sewerage shall
be presented to the Zoning Hearing Board for approval before any mobile
home shall be permitted on the site. Approval shall be given only
when a collective-type sewerage facility is to be provided.
J. Safe potable water supply shall be provided, and when
no public supply is available, the source shall comply with the Environmental
Protection Agency safe drinking water standards and shall be subject
to the continuous inspection and approval of the City Health Officer
and the State Department of Environmental Protection.
K. Play space. Each park shall provide and equip a recreation
area, the size and location to be subject to the approval of the Zoning
Hearing Board.
L. Buffer yard. When the proposed mobile home park is
adjacent to an existing residential use or where the park abuts or
is opposite different zone districts, a buffer yard of not less than
50 feet in depth shall be provided. This yard shall be planted with
a combination of evergreen and deciduous material spaced so as to
provide a year-round screen. The size, spacing and type of plant material
shall be subject to the review and approval of the Zoning Hearing
Board.
The Zoning Hearing Board may authorize the following as special exceptions: the excavation and sale of topsoil, sand, gravel, clay, shale or other natural mineral deposits or the quarrying of any kind of rock formation, subject to the performance standards specified in §
175-80 hereof and the following conditions:
A. Where deemed necessary by the Zoning Hearing Board,
an open excavation shall be enclosed by a fence or wall not less than
four feet in height and having openings no larger than six inches.
B. No quarry wall shall be nearer than 150 feet to any
property line or street line. However, in no case shall the slope
between the property line or street line and the quarry wall exceed
20%.
C. In the case of an open excavation, a slope no greater
than 20% shall extend from property or street lines for a depth of
150 feet.
D. A plan for reclamation of the site shall be submitted
for review by the Zoning Hearing Board. Such plan shall take into
consideration the following:
(1) Drainage, prevailing winds, soil erosion and other
problems created by excavation, stripping, quarrying stockpiles and
waste piles while in production.
(2) A grading and reuse plan for the site after completion
of production as shall permit the carrying out of the purposes of
this chapter.
All outdoor lighting shall be so arranged and
shielded that no unreasonable glare or illumination is cast upon adjoining
residential uses or creates a hazard to traffic in any district.
A. Every outdoor swimming pool of permanent construction,
whether above- or belowground, shall be completely surrounded by a
fence or wall not less than four feet in height, which shall be so
constructed as not to have openings, holes or gaps larger than six
inches in any dimension.
(1) If a picket fence is erected or maintained, the horizontal
or vertical dimension of space between pickets shall not exceed six
inches.
(2) A dwelling or an accessory building may be used as
part of such enclosure.
(3) All gates or doors opening through such enclosure
shall be equipped with a self-closing and self-latching and locking
device for keeping the gate or door securely closed at all times when
not in actual use, except that the door of any dwelling which forms
a part of the enclosure need not be so equipped.
B. The pool or structures accessory thereto may not be
located closer than five feet to any property line of the parcel upon
which it is located. Walks and paved areas may be included in this
buffer strip.
In districts where permitted, automobile service
stations shall be subject to the following safeguards and regulations:
A. Driveways shall be located as provided in Article
XV, Loading Areas and Access Drives.
B. All driveways and service areas shall be paved with
a hard surface material in accordance with the specifications of the
Pennsylvania Department of Transportation, and adequate drainage shall
be provided.
C. Gasoline pumps and all service equipment shall be
set back not less than 15 feet from any lot line and so located that
vehicles stopped for service will not extend over the property line.
D. Signs shall be as permitted in Article
XIII of this chapter, and no other signs.
A. The primary living and sleeping quarters of dwelling
units shall not be permitted in cellars.
B. The following uses are prohibited in all districts
throughout the municipality:
(1) The incineration (not including approved incinerators),
reduction or storage of garbage, offal, animals, fish or refuse, unless
by the authority of or under the supervision of the municipality.
(2) Dumps and dumping of any kind, other than a sanitary
landfill, unless by the authority of or under the supervision of the
municipality.
(3) Junkyards prohibited.
[Added 4-10-2017]
(a)
It shall be unlawful for any individual or business entity to establish, maintain, conduct, or allow any junkyard, as defined under §
175-4C herein, either on public or private property within the limits of the City of Sunbury.
(b)
The establishment, maintenance, or conduct of any junkyard, as defined under §
175-4C herein, within the limits of the City of Sunbury is hereby declared to be a public nuisance and liable to be abated as provided by law. Any junkyards heretofore established and now existing and maintained upon any property, either public or private, within the limits of the City of Sunbury in violation of this subsection, Article
XI, §
175-70B(3), are hereby declared to be a nuisance and shall be removed by the owner, lessee, or proprietor of such premises within 90 days of the effective date of this subsection.
In any district established by this chapter,
when a specific use is neither permitted nor denied, the Zoning Hearing
Board shall make a determination as to the permitted uses in the district.
No zoning permit shall be issued by the Zoning Officer for any unspecified
use until this determination has been made.
Public utility facilities, where permitted,
shall be subject to the following regulations:
A. Buildings.
(1) Front, side and rear yards shall be provided for in
accordance with the regulations of the district in which the facility
is located.
(2) Height shall be as required by the district regulations.
(3) Housed equipment. When the equipment is totally enclosed
within a building, no fence or screen planting shall be required,
and the yard shall be maintained in conformity with the district in
which the facility is located.
(4) The external design of the building shall be in conformity
with the buildings in the districts.
(5) Parking shall be provided in accordance with Article
XIV.
B. Unhoused equipment, such as substations, gas regulating
stations, etc.
(1) Unhoused equipment shall be enclosed with a chain-link
fence six feet in height.
(2) Screen planting in residential districts. The required
fence for unhoused equipment shall be surrounded by an evergreen planting.
(3) Access. Where vehicular access is across the front
yard, the gate shall be constructed of solid materials having not
less than 50% solid space in ratio to open space. In residential districts,
the permitted public facility shall not include the storage of vehicles
or equipment used in the maintenance of any utility, and no equipment
causing noise, vibration, smoke, odor or hazardous effect shall be
installed.
(4) Parking shall be provided in accordance with Article
XIV.
C. Other facilities, such as poles, phone booths, telephone terminal boxes, etc., shall be permitted in any district without regard to the use and area regulations; provided, however, that such facilities other than poles shall comply with §
175-75B(6).
[Amended 1-11-2016]
A. Height regulations shall not apply to any of the following,
provided that the use is not for human occupancy: agricultural buildings,
spires, belfries, cupolas penthouses, domes, chimneys, ventilators,
skylights, water tanks, bulkheads, utility poles, silos, television
and radio antennas and ornamental or necessary mechanical appurtenances.
B. Radio transmission and receiving towers; cellular and television
transmission or receiving towers: Such tower shall be set back from
all tract boundary lines a distance equal to its height, and the base
of such tower shall be surrounded by a chain-link fence and locked
gate at least six feet high and located at least six feet from the
outer edge of the base. The fence and gate shall be maintained in
good condition. No new construction can occur from any utility lines
or easements and from any building or buildings on the lot within
the boundary lines of the tower.
C. For all residential uses, accessory buildings shall
not exceed 20 feet in height.
Where on-lot water supply and/or sanitary sewage
are provided by individual on-lot facilities, the following regulations
shall apply:
A. Where both water and sanitary sewage disposal are
provided by individual on-lot facilities, lots for single-family detached
dwellings shall have a minimum area of 20,000 square feet and a minimum
width at the building line of 100 feet.
B. Where either water supply or sanitary sewage disposal,
but not both, are provided by individual on-lot facilities, lots for
single-family detached dwellings shall have a minimum area of 12,000
square feet and a minimum width, measured at the building line, of
80 feet.
C. Notwithstanding the above, lot areas shall be increased
to the size as deemed necessary after percolation tests.
D. In all cases where public sewers are not available,
the lot areas shall be of sufficient size to provide open areas, exclusive
of parking or other paved areas, for a septic tank and tile field.
E. All methods and plans for the on-lot disposal of sewage
or wastes shall be designed in accordance with all applicable regulations
pertaining to the treatment and disposal of sewage and wastes. A certificate
or statement of adequacy from the appropriate agency shall be a prerequisite
to the issuance of a zoning permit.
A. On a lot held in single or separate ownership which
does not fulfill the regulations for the minimum lot area and/or width
for the district in which it is located, a building may be erected,
altered and used thereon, and side yards may be reduced, to the point
that would permit the owner to erect a building and insofar as possible
fulfill the intent and purpose of the chapter when authorized by the
Zoning Hearing Board as a variance.
B. Yards shall be provided in accordance with the provisions
set forth herein and shall be planted with grass seed, sod, ground
cover or other vegetative cover, except in cases where walks, access
drives, off-street parking lots, patios or other types of surfaces
are permitted by this chapter. All yards shall be maintained and kept
free of all debris and rubbish.
(1) For setbacks, see district regulations.
(2) Adjustments to meet existing setbacks in front yards.
(a)
When a lot is situated between two lots, each
having a principal building which extends into the required front
yard, the front yard of such lot may be the same depth as the average
of the front yards of such two adjacent lots, notwithstanding the
yard requirements of the district in which it is located.
(b)
Where a lot adjoins only one improved lot having
thereon a principal building within 25 feet of the common side lot
line, which extends into the required front yard of such improved
lot, the front yard depth of such unimproved lot may be the average
depth of the front yard of such adjacent improved lot and the front
yard required for the district in which such unimproved lot is located,
notwithstanding the yard requirements for such district. However,
the second unimproved lot from the original improved lot must have
at least the minimum front yard depth required in the district.
(3) Accessory buildings in residential districts may be
constructed in accordance with the following provisions:
(a)
An accessory building shall be erected only
within the rear yard.
(b)
If the rear property line abuts on the right-of-way
of any street or alley, the accessory building shall not be less than
10 feet from the rear lot line.
(c)
If the rear property line abuts another lot,
the accessory building shall not be less than five feet from the rear
lot line.
(d)
It shall be at least 10 feet from the nearest
wall of the main building, or this distance may be reduced to five
feet if no windows or other openings are involved, or the accessory
building may be integrated with the main building by contiguous wall,
breezeway or other connection.
(e)
When a lot is situated between two lots, each
having an accessory building that extends into the required rear yard
setback, the rear yard setback of such lot may be the same depth as
the average of the rear setbacks of the two adjacent lots, notwithstanding
the rear yard setback requirements of the district in which it is
located.
[Added 7-14-1997]
(f)
Where a lot adjoins only one improved lot having
thereon an accessory building that extends into the rear yard setback,
the rear yard setback of such lot may be the same depth as the accessory
building setback of the adjoining lot, notwithstanding the yard requirements
of the district in which it is located.
[Added 7-14-1997]
(4) Parking lot screening and landscaping. The purposes for providing
such landscaping are: to protect the public safety, to allow precipitation
to return to the underground aquifers, to provide for natural drainage
and for flood protection, to reduce the level of carbon dioxide and
to return oxygen to the air, to provide shade and reduce blighting
effects of parking lots, and to preserve property values of adjacent
properties and to improve the appearance of the community.
[Amended 1-11-2016]
(a)
Off-street parking areas for more than five vehicles and all
off-street loading areas shall abide by the following:
[1]
Such areas shall be effectively screened by a planting strip
at least five feet in depth along all abutting property lines. The
planting strip shall include a solid wall or a substantial, attractive,
tight fence or evergreen hedges a minimum of four feet in height,
and other shrubbery, vines, flowers, grass and other foliage.
[2]
A planting strip at least 10 feet in depth shall be located
between the parking lot and abutting right-of-way except for accessways
crossing the strip. Such a strip shall contain one shade tree for
each 40 linear feet of the strip, and no tree shall be less than eight
feet in height at the time of planting. The planting strip shall also
contain shrubbery, vines, flowers, grass and other foliage.
[3]
All screening and landscaping areas shall be maintained in good
condition, free of paper and rubbish and free from all advertising
signs. All trees, shrubbery and other landscaping materials shall
be maintained in a healthy and growing condition, with dead materials
replaced as necessary.
[4]
A clear sight triangle shall be maintained at all street intersections
and at all points where private accessways intersect public streets.
[5]
Any parking lot or loading area which qualifies as a nonconforming
use upon enactment of this chapter shall comply with the requirements
for screening and landscaping upon any enlargement, extension, reconstruction
or structural alteration.
(b)
Off-street parking areas for 12 or more vehicles shall abide
by the following:
[1]
All regulations in Subsection
B(4)(a) above; and
[2]
The interior of a parking lot, in addition to all border planting
strips, shall contain planting areas dispersed throughout with not
less than 5% of such interior area in landscaping. Such planting areas
shall contain shade trees, with no tree less than eight feet in height
at the time of planting shrubbery, vines, flowers, grass and other
foliage.
(5) Projections in yards.
(a)
Cornices, eaves, gutters, bay windows, chimneys
or uncovered steps may project into the front, side or rear yard of
a lot not more than 24 inches.
(b)
Covered porches, whether enclosed or unenclosed,
shall be considered as part of the main building and shall not project
into any yard.
(c)
Patios, driveways, walks, parking areas, stairs
and window wells and such other structures as are customarily incidental
to the main building may project into the front, side or rear yards
of a lot, provided that the finished grade elevation shall be not
more than 12 inches above the yard grade.
(6) Obstructions to vision.
(a)
No walk, fence, sign or other structure shall
be erected or altered, and no hedge, trees, shrubs or other growth
shall be maintained or permitted, which may cause danger to traffic
on streets or public roads by obscuring the view.
(b)
At all intersections of streets, private roads
and/or access drives, a clear sight triangle shall be maintained within
which there shall be no visual obstructions, such as a wall, fence,
sign or other structure; and no tree, hedge, shrub or other growth
of more than three feet above the grade of the street and/or access
drive or private road shall be erected, planted or maintained.
(c)
The clear sight triangle shall be as follows
when measured from the point of intersection of:
[1]
Two street lines: equal to the required depth
of the building setback from the street line in the district where
located.
[2]
A street and an access drive or private road:
equal to the width of the access drive or private road.
(7) Storage on lot. In all residential districts, no commercial
vehicle, truck, tractor, trailer, mobile home, boat or any similar
vehicle or equipment shall be parked or stored for more than 24 hours
unless it is:
(a)
In an enclosed structure or the vehicle or equipment
shall be completely screened from view from the adjoining properties
and the street at all seasons of the year. The screening may be an
evergreen hedge or fence or a combination of materials.
(b)
The storage of the vehicle or equipment shall
not be permitted within any of the required front and side yards.
[Amended 6-9-2003]
Fences and walls may be erected, altered and
maintained within the yards and open spaces, provided that any such
fence, wall or combination of fence and wall shall not exceed eight
feet in height in R-1 and R-2 Residential Districts, NB Neighborhood
Business Districts, CB Central Business District, HC Highway Commercial
Districts and IP Industrial Park Districts. Retaining walls may also
be erected, altered and maintained within the yards and open spaces,
provided that any such wall shall not exceed from the level of the
ground being retained a height of more than eight inches. A fence
may be installed on top of a retaining wall, provided that the combination
of fence and wall shall not extend from the level of the ground being
retained a height of more than eight feet in R-1, and R-2 Residential
Districts, NB Neighborhood Business Districts, CB Central Business
District, HC Highway Commercial Districts and IP Industrial Park Districts.
Courts shall conform to the following requirements:
A. An open space in the form of an inner court or outer
court shall be provided in connection with any building in any residential
or business district, wherever any room therein in which a person
or persons live, sleep or congregate cannot be adequately lighted
and ventilated. Such court shall be adjacent to such room, the windows
of which shall open in such court. (This section shall not apply to
specialized commercial or manufacturing processes where controlled
light and/or ventilation are required.)
B. Outer courts.
(1) The width of any outer court upon which windows open
from a living room, bedroom or dining room shall be not less than
the height of any wall opposite such windows.
(2) The depth of an outer court formed by walls on three
sides shall be not greater than 1 1/2 times the width.
(3) The width of an outer court shall be not less than
2/3 the height of any opposing wall forming said court.
C. Inner courts.
(1) The least dimension of an inner court shall be not
less than the full height of the walls enclosing such court, but not
less than 50 feet for apartment buildings and not less than 10 feet
for two-family dwellings.
(2) An open and unobstructed passageway shall be provided
for each inner court. Such passageway shall have sufficient cross-section
area and headroom for the passage of fire-fighting equipment and shall
be continuous from the inner court to a yard or an unobstructed open
area with access to a street.
The minimum habitable floor area of a dwelling
unit or any building or structure hereafter erected or used for living
purposes shall be 600 square feet. In case of apartment houses and
conversion apartments, the minimum habitable floor area shall be not
less than 400 square feet per apartment, except those apartments designed
for and occupied exclusively by one person, which apartments shall
each contain not less than 300 square feet of habitable floor area.
The area, width or depth of any lot shall not
be reduced by subdivision, sale or development so that the lot width,
lot area, lot area per dwelling unit, courts and yards or other open
spaces are smaller, or so that the coverage is greater, than prescribed
herein.
Hereafter all uses of land, buildings and structures
or industrial processes shall be prohibited that may be noxious or
injurious by reason of the production or emission of dust, smoke,
refuse matter, odor, gas, fumes, noise, vibration or similar substances
or conditions; provided, however, that any uses may be permitted if
adequate provisions, restrictions and safeguards to protect the health,
safety, morals and general welfare of the community are established
by a written agreement, subject to the securing of a permit therefor
and subject to the carrying out of such provisions, restrictions and
safeguards.
A. The intent of this section is to permit those uses
which will be of service nature and not involve the purchase and/or
sale of goods.
B. Any use customarily conducted within a dwelling by
the residents thereof. The use shall be clearly incidental and secondary
to the use of the dwelling for dwelling purposes, and the exterior
appearance of the structure and premises shall be residential in character.
There shall be no exterior evidence of the home occupation, except
the permitted sign; and the use shall cause no offensive noise, vibration,
smoke, dust, odor, heat or glare. Hereafter, no home occupation shall
be permitted unless off-street parking space is provided. The off-street
parking shall be in addition to the spaces required for the residential
use and shall be at least two spaces.
C. No more than one employee, other than the residents
of the dwelling, shall be permitted unless additional employees would
be authorized by the Zoning Hearing Board by special exception. Such
special exception may be granted only when sufficient protection to
neighboring properties is provided so that no adverse effect would
result.
D. A "home occupation" shall include but is not limited
to dressmaking, millinery, seamstress, art studio, professional office
of a physician, dentist, lawyer, engineer, architect, landscape architect,
accountant and musical instruction when limited to a single pupil
at a time. For the purpose of this chapter, barbershops and beauty
shops shall be deemed home occupations.
A building may be erected or used and a lot
may be used or occupied only when in conformity with the following
regulations:
A. Adequate drainage required. No principal building
may be erected or relocated on land:
(1) Which is not adequately drained at all times.
(2) Which is subject to periodic flooding.
B. Building restricted adjacent to drainage channels
and watercourses. Except for a boathouse, no building may be erected
or relocated:
(1) Within 30 feet of the natural or constructed edge
of a stream channel or open drainageway, provided that the Zoning
Hearing Board may authorize a reduction of this dimension when the
applicant demonstrates that adequate safeguards have been provided
for the natural flow of water downstream so as not to damage public
or private property adjacent to said stream or drainageway.
(2) So that its lowest floor designed and used for human
habitation shall be an adequate height above the drainage channel
to afford protection from surface water and groundwater.
C. Obstructions. The following shall not be placed or
caused to be placed in a stream channel or open drainageway: fences
except two-wire fences, other structures or other matter which may
impede, retard or change the direction of the flow of water in such
stream or open drainageway or that will catch or collect debris carried
by such water or that is placed where the natural flow of the stream
would carry the same downstream to the damage or detriment of either
public or private property adjacent to the said stream or open drainageway.
D. Structure effect. Any structures permitted shall be
constructed and placed on the lot so as to offer the minimum obstruction
to the flow of water and shall be designed to have a minimum effect
upon the flow and height of floodwater.
E. Structure anchoring. Any structure permitted shall
be firmly anchored to prevent the structure from floating away and
thus threaten life or property downstream or to further restrict bridge
openings and other restricted sections of the stream or drainageway.
F. Private sewage disposal systems. Private sewage disposal
systems shall not be constructed within a stream or drainageway, but
shall be constructed in accordance with the procedures and standards
established by existing municipal ordinances.
G. Municipal liability. The granting of a zoning permit
in any drainage channels or watercourses, or adjacent thereto, shall
not constitute a representation, guaranty or warranty of any kind
or nature by the municipality or by an official or employee thereof
of the practicability or safety of any structure, use or other plan
proposed and shall create no liability upon or a cause of action against
such public body, official or employee for any damage that may result
pursuant thereto.
H. Installation of fill materials. Fill may be placed
at and within the outer line of a modified stream or drainageway when
approved as a special exception by the Zoning Hearing Board and subject
to the following conditions:
(1) Satisfactory evidence shall be submitted to the Zoning
Hearing Board indicating that the cross-sectional area of the modified
stream or drainageway will not be significantly reduced.
(2) Satisfactory evidence shall be submitted to the Zoning
Hearing Board indicating that there will be no adverse flooding conditions
created by the proposed fill.
(3) Permission shall be obtained for the proposed fill
from the Bureau of Dams and Waterway Management of Pennsylvania Department
of Environmental Protection pursuant to the state regulations of water
obstructions.
I. State regulations. All regulations of the Commonwealth
of Pennsylvania governing stream encroachments shall remain in full
force and effect. In cases of inconsistency with regulations of this
chapter, the more restrictive provisions shall govern.
J. Reduction of lot area. Where the configuration of
a stream and drainageway is such that minimum lot area or width regulations
cannot be reasonably met, adjacent land within other districts may
be applied to meet requirements. In such cases, the largest lot area
and width of the district involved shall apply. All other district
regulations shall remain in force.
Where a lot is held under single and separate
ownership and said lot contains a major structure the use of which
establishes the principal use of the lot, accessory buildings shall
be permitted, either attached or unattached, and the yard areas may
be modified as follows:
A. Carports. Side yard requirements may be reduced to
a minimum of two feet, provided that the side facing the neighboring
lot or lots has openings, other than windows, equal to at least 60%
of its total area.
B. Enclosed garage. The side yard may be reduced subject
to special exception authorized by the Zoning Hearing Board. The resultant
space between the garage wall and the nearest wall of the neighboring
house shall not be less than 10 feet.
C. Off-street parking. Off-street parking for residential
uses shall be permitted to within six inches of the side yard.
Special sales shall be permitted in all districts
subject to the following provisions:
A. Signs are to be erected and maintained in accordance with the provisions of Article
XIII.
B. No such sale shall continue for a period longer than
three days.
C. No more than one sale shall be held per month.
Adult-oriented businesses shall be permitted
subject to the following provisions:
A. Such use shall only be permitted in the HC Highway
Commercial District.
B. Such use shall not be located within a radius of 500
feet from any church, school, library, playground, public park or
day-care center, as measured from the property lines.
C. No such use shall be located within a radius of 500
feet of another adult-oriented business as measured from the property
lines.
D. There shall be no display of adult-oriented materials
that can be seen from the exterior of the building.
E. No unlawful sexual activity or conduct shall be performed
or permitted.
F. Signs are to be erected and maintained in accordance with Article
XIII, In addition, the Zoning Hearing Board shall review and approve all exterior signs for compatibility with adjacent uses.
G. Off-street parking and loading spaces shall be provided in accordance with Articles
XIV and
XV.
No fire escape shall be located on the front
of a building.
No building hereafter shall be erected or altered
unless there is direct access to the structure through an open space
on the same lot. Such open space shall be at least 12 feet in width
and shall extend from the building to a public right-of-way.
The Zoning Hearing Board may allow the practitioner
of a calling other than the traditional professions of theology, medicine
and law to establish a professional office when the Board finds the
calling to be professional in character by virtue of the specialized
knowledge, training, education and experience required as a condition
for the practice thereof, and the practice of which will not adversely
affect the safe and comfortable enjoyment of property rights in any
zone in which it is located to a greater extent than the practice
of theology, medicine and law.
[Added 6-10-2002]
Pet grooming shall only be permitted in the
following zoned areas of the City:
C. Neighborhood Business (NB); and
[Added 12-13-2004]
A. A current owner-occupied property, or the property
of an estate of an owner, may be converted into a single rental property
as long as the property owner satisfies the following requirements:
(1) That the City Council approves the conversion; and
(2) That the conversion does not impact the character
of the neighborhood.
B. A current commercial property may be converted into
a rental property for residential use as long as the property owner
satisfies the following requirements:
(1) That the City Council approves the conversion; and
(2) That the conversion does not impact the character
of the neighborhood.
C. A vacant lot may be converted into rental properties
in such numbers as the City Council approves as long as that use satisfies
the zoning requirements of that particular zoning district.
D. The review process by City Council may include consideration
of the following factors which may be waived: off-street parking with
a minimum of 1 1/2 spaces per rental unit: 1,000 square feet
of space in the property for a one-bedroom unit and 1,200 square feet
of space for a two-bedroom unit.
[Added 11-14-2005 by Ord. No. 1242-B]
A. A party interested in obtaining approval for a new housing permit
for a rental property shall apply to the City of Sunbury by filing
an application with the Code Administration office of the City of
Sunbury. The application shall include a nonrefundable fee as published
on the annual City Fee Schedule. All properties shall first pass an
inspection for use by the Code Administration office prior to any
further action on the application.
[Amended 12-11-2017]
B. Fast-track approval.
[Amended 1-9-2017; 2-13-2017; 12-11-2017]
(1) A fast-track approval process shall be available for applicants with
properties that meet the following criteria:
(a)
A single-family home converted to a single-family rental unit.
(b)
A 1/2 double single-family home converted to a 1/2 double single-family
rental unit.
(c)
A single-family townhouse converted from a single-family townhouse
to a single-family rental townhouse unit.
(d)
A rental unit located as a part of a commercial structure in
the Central Business District with a minimum of 900 square feet of
living space. The space would include separate rooms for cooking,
sleeping, living rooms and an overall use by one family as opposed
to a boardinghouse facility. The commercial space must remain in the
portion of the property that existed immediately prior to filing the
application.
(e)
There must be 1.5 nonpublic parking spaces available for each
rental unit to receive a fast-track approval. This provision shall
not apply to rental permit applications for properties located within
the Central Business District.
(2) The fast-track approval process shall be available for an unlimited
number of applications. The Code Administration Office of the City
of Sunbury shall have the authority to issue a housing permit for
a rental property which meets the fast-track criteria.
C. The Code Administration Office of the City of Sunbury shall forward
the application to the Zoning Hearing Board for any properties which
do not meet the fast-track criteria. The Zoning Hearing Board shall
consider the application within 60 days of filing. The Sunbury City
Council shall make an annual determination of the number of rental
permits which may be granted by the Zoning Hearing Board. This number
may be increased or decreased through the course of a year by Sunbury
City Council. The standard Zoning Hearing Board fee shall be paid
along with the application fee. Said fees shall be published on the
annual City Fee Schedule.
[Amended 12-11-2017]
D. The Zoning Hearing Board shall make a written decision on whether
a housing permit for a rental property shall be issued. The Board
shall consider the following factors with weight applied to each factor
in its own discretion:
[Amended 12-11-2017]
(1) The use will preserve the neighborhood.
(2) There is sufficient parking in the neighborhood or on private property
for the rental property.
(3) The use is consistent with a prior use of the property as a rental
property in prior years.
(4) One-family use that will be rented to one family.
(5) New construction of a completely renovated building or new construction
on raw land in the City.
(6) There is sufficient parking for each rental unit.
E. The Zoning Hearing Board shall make a written decision and forward
it to the property owner and to Sunbury City Council. The decision
may be appealed by the applicant pursuant to Pennsylvania law.
[Amended 12-11-2017]
F. The Sunbury City Council shall have the authority to revoke a rental
permit following notice and a hearing before City Council. The revocation
shall be based upon three citations for code violations at the property
over the course of ownership by one specific owner or by City Council
declaring the property as a public nuisance.
[Amended 12-11-2017]
G. The Code Administration Office shall provide Sunbury City Council
with the City Housing List so that City Council will be in a position
to create policies and develop ordinances to further the goal of improving
housing in the City. The City Housing List shall be filed with the
City Clerk and available for public inspection as a public record.
The property list will include the following information:
[Amended 12-11-2017]
(1) Number of rental property units.
(2) Number of owner-occupied units.
(3) Number of apartment units v. homes.
(4) Number of public housing units.
(5) Number of Section 8 housing units.
(6) The total amount of tax collected from housing in the City.
H. The Sunbury City Council shall work with the City Housing List to
develop ordinances which result in improvement of all properties,
including the reduction of rental units through tax and service fee
reductions.
[Amended 12-11-2017]
I. A reinspection of the property shall be required prior to assignment
of a housing rental permit to a new owner.
[Amended 12-11-2017]