A.
For the purpose of this chapter, Bonneauville Borough
is hereby divided into the following zoning districts, with the following
abbreviations:
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SFR
|
Single-Family Residential
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MDR
|
Mixed-Dwelling Residential
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HDR
|
High-Density Residential
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V
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Village
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C
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Commercial
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B.
For the purposes of this chapter, the zoning districts named in Subsection A shall be of the number, size, shape and location shown on the Official Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
C.
Overlay districts. The Floodplain Area, which includes
areas shown as within the one-hundred-year floodplain under federal
floodplain mapping, shall serve as an overlay district to the applicable
underlying districts.
D.
Purposes of each district. In addition to serving
the overall purposes and objectives of this chapter and the Comprehensive
Plan, each zoning district is intended to serve the following purposes:
(1)
SFR Single-Family Residential District: to provide
for low-density residential neighborhoods that are primarily composed
of single-family detached dwellings. To protect these areas from incompatible
uses.
(2)
MDR Mixed-Dwelling Residential District: to provide
for medium-density residential neighborhoods with a mix of housing
types at a medium density; to protect these areas from incompatible
uses; to meet requirements of state law to provide opportunities for
various housing types.
(3)
HDR High-Density Residential District: to provide
opportunities for a mix of housing types at a higher density.
(4)
V Village District: to provide for a mix of housing
and light business uses in a manner that encourages reuse of older
buildings and avoids conflicts between homes and intensive commercial
uses; yo primarily provide for smaller-scale uses that will not be
obtrusive in the landscape and that will not overload the road system.
(5)
C Commercial District: to provide for a wide range
of commercial uses; to carefully locate commercial areas and commercial
driveways to minimize traffic safety and congestion problems along
roads.
A.
The regulations set by this chapter shall apply uniformly
to each class or kind of structure or land, except as provided for
in this chapter.
B.
No structure shall hereafter be erected, used, constructed,
reconstructed, structurally altered or occupied and no land shall
hereafter be used, developed or occupied unless it is in conformity
with the regulations herein specified for the use and district in
which it is located.
C.
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.
D.
Boundary change. Any territory which may hereafter
become part of the Borough through annexation or a boundary adjustment
shall be classified as the SFR Zoning District of Bonneauville until
or unless such territory is otherwise classified by Borough Council.
A.
A map entitled "Bonneauville Borough Zoning Map" accompanies
this chapter and is declared a part of this chapter.[1] The Official Zoning Map, which should bear the adoption
date of this chapter and the words "Official Zoning Map," shall be
retained in the Borough Building.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
B.
Map changes. Changes to the boundaries and districts
of the Official Zoning Map shall only be made in conformity with the
amendment procedures specified in the State Municipalities Planning
Code. All changes should be noted by date with a brief description
of the nature of the change, either on the map or within an appendix
to this chapter.
C.
Replacement map. If the Official Zoning Map becomes
damaged, destroyed, lost or difficult to interpret because of changes
and additions, or needs to have drafting errors or omissions corrected,
Borough Council may, by resolution, adopt a new copy of the Official
Zoning Map which shall supersede the prior Official Zoning Map. Unless
the prior Official Zoning Map has been lost or has been totally destroyed,
the prior map or any remaining parts shall be preserved together with
all available records pertaining to its previous adoption or amendment.
The following rules shall apply where uncertainty
exists as to boundaries of any district as shown on the Zoning Map:
A.
District boundary lines are intended to follow or
be parallel to the center line of street rights-of-way, streams and
railroads, and lot lines as they existed on a recorded deed or plan
of record in the County Recorder of Deeds' office at the time of the
adoption of this chapter, unless such district boundary lines are
fixed by dimensions as shown on the Official Zoning Map.
B.
Where a district boundary is not fixed by dimensions
and where it approximately follows lot lines, such boundary shall
be construed to follow such lot lines unless specifically shown otherwise.
C.
The location of a district boundary on unsubdivided
land or where a district boundary divides a lot shall be determined
by the use of the scale appearing on the Zoning Map unless indicated
otherwise by dimensions.
D.
Where a municipal boundary divides a lot, the minimum
lot area shall be regulated by the municipality in which the principal
use(s) are located, unless otherwise provided by applicable case law.
The land area within each municipality shall be regulated by the use
regulations and other applicable regulations of each municipality.
A.
Intent: to continue the objective of compatible land
uses across municipal boundaries.
B.
This chapter requires additional setbacks and the
provision of bufferyards when certain uses would abut an existing
dwelling or a residential zoning district. These same additional setback
and bufferyard provisions shall be provided by uses proposed within
Bonneauville Borough regardless of whether such abutting existing
dwelling or principally residential zoning district is located in
an abutting municipality and/or in Bonneauville Borough.
A.
Unless otherwise provided by state or federal law or specifically stated in this chapter (including § 255-11B), any land or structure shall only be used or occupied for a use specifically listed in this chapter as permitted in the zoning district where the land or structure is located. Such uses shall only be permitted if the use complies with all other requirements of this chapter.
(1)
See § 255-11B, which generally provides a process for approval of a use that is not listed based upon similarity to permitted uses and other criteria. Except as provided in such § 255-11B, any other principal use that is not specifically listed as P, C or SE in the applicable district in this table is prohibited in that district.
B.
Permitted accessory uses in all districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this chapter. The following are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of § 255-39 and all other requirements of this chapter:
(1)
Standard antennas, including antennas used by contractors to communicate with their own vehicles. [NOTE: See standard for each in § 255-39.]
(3)
Garage, household.
(6)
Parking or loading, off-street, only to serve a use
that is permitted in that district.
(7)
Recreational facilities, limited to use by: residents
of a development or students at a primary or secondary school or center
for the care and treatment of youth, and their occasional invited
guests.
(11)
Such other accessory use or structure that the
applicant proves to the satisfaction of the Zoning Officer is clearly
customary and incidental to a permitted by right, special exception
or conditional principal use.
C.
Permitted accessory uses to business and institutional
uses. The following are permitted-by-right accessory uses only to
a permitted-by-right, special exception or conditional commercial,
industrial or institutional use, provided that all requirements of
this chapter are met:
[1]
Editor's Note: The Table of Allowed Uses is included as an attachment to this chapter.
A.
The following area, yard and building requirements shall apply for the specified zoning district, unless a more restrictive requirement for a specific use is required by §§ 255-38 or 255-39 or another section of this chapter. All measurements shall be in feet unless otherwise stated. See definitions of terms (such as lot width) in § 255-26.
B.
Height. Except as provided in § 255-65, or as specified otherwise in this chapter for a particular use, the following maximum structure height shall apply in all zoning districts:
(1)
No maximum height shall apply for agricultural structures;
(2)
Any structure that is accessory to a dwelling on a
lot of less than five acres shall have a maximum height of two stories
(with the second story limited to nonhabitable storage areas) or 25
feet, whichever is more restrictive;
(3)
In the I District, a maximum building height of 50
feet shall apply;
(4)
The maximum height for any other structure shall be
three stories or 40 feet, whichever is more restrictive.
C.
Accessory structures and uses.
(2)
The minimum side and rear yard setback apply for a
permitted detached structure that is accessory to a dwelling shall
be five feet, except in the following cases:
(a)
The minimum rear setback shall be reduced to
three feet for a residential accessory storage shed having a total
floor area of less than 150 square feet.
(b)
A side yard setback is not required for a structure
that is accessory to a dwelling from a lot line along which two dwellings
are attached (such as a lot line shared by twin dwellings). However,
such structure shall still meet the minimum side yard on a lot line
where the dwellings are not attached.
(c)
A residential porch or deck that is unenclosed
may extend a maximum of 15 feet into the required rear setback. Such
porch or deck may be covered by a roof or awning. Space under an unenclosed
porch may be used for household storage. See Note D of the Table of
Dimensional Requirements[2] considering front yard setbacks.
[2]
Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.
(3)
No accessory building and no swimming pool shall be
allowed in the minimum front yard.
D.
Required yards.
(1)
No accessory or principal structure shall extend into
the required front yard, except as provided in this chapter.
(2)
Every lot shall include at least one front lot line.
(3)
A principal building shall not extend into the required
rear yard setback for a principal building, and an accessory structure
shall not extend into the required rear yard for an accessory structure,
except as provided in this chapter.
(4)
Every lot shall include a rear lot line and a rear
yard.
(5)
A structure shall not extend into the applicable minimum
side yard setback, except as provided for in this chapter.
(7)
A triangular lot shall include one side yard. All
other lots shall include at least two side yards, except for a corner
lot.
E.
Additional provisions within the V Village District.
(1)
Guidelines. To the maximum extent feasible, the minimum
front yard of new commercial development should be landscaped, and
the majority of new parking areas should be placed to the rear or
side of the principal building. New buildings are encouraged to be
placed as close to the street right-of-way as is feasible, provided
they do not create sight distance obstructions and still meet the
minimum setback requirements.
(2)
Architectural information. If a new principal commercial
building is proposed within the V District, then an architectural
sketch or elevation shall be submitted to the Zoning Officer prior
to receiving any zoning approval. Such sketch or elevation shall describe
the type of materials to be used on the front facade.
[1]
Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.
A.
Wetland studies. It shall be the responsibility of
each applicant to determine whether land areas proposed for alteration
meet the federal or state definition of a wetland prior to submittal
of development plans to the Borough. If the Zoning Officer has reason
to believe that wetlands may be present on a site proposed for development
or subdivision, the Zoning Officer may require that the applicant
provide a suitable wetland delineation study prepared by a qualified
professional.
B.
Wetland setbacks. A minimum setback of 20 feet shall
be required between any new principal building for which a building
permit is issued after the effective date of this chapter and any
wetland.
A.
Every new lot and every new principal use shall be
served by public sewage service and public water service, unless a
minimum lot area of one acre is provided for each dwelling unit or
each equivalent dwelling unit.
B.
Expansion of septic use. If the Zoning Officer has
reason to believe that a proposed increase in the number of dwelling
units or expansion or change of a nonresidential use would result
in increased flow to an on-lot septic system, then the application
shall be referred to the Sewage Enforcement Officer. The Sewage Enforcement
Officer shall require modification, expansion or replacement of the
septic system if necessary to handle the proposed flow.
A.
This § 255-36 provides a density bonus for a residential development that is age-restricted in compliance with the federal requirements for housing for older persons as specified in the United States Code. [NOTE: As of 2006, such provisions were in 42 U.S.C. § 3607.]
B.
In order to be approved by the Borough as age-restricted
residential development, every dwelling unit (except a unit for one
manager) on a tract of land shall be permanently restricted by deed,
by any lease and by notes on the recorded plan to the following occupancy
limitations: a minimum of one head of household of each dwelling unit
shall be age 55 years or older, or 62 years or older, or who is physically
disabled as defined by Social Security disability regulations; and
no person under age 18 shall live in the dwelling unit for more than
30 days in any calendar year. Any violation of such age restrictions
shall be a violation of this Zoning Ordinance. In addition, in order
to be approved as age-restricted development, the applicant shall
establish an appropriate legal entity, such as a property-owner association
that has the duty, authority and responsibility to enforce such age
restrictions over time.
C.
If a residential development is approved under this § 255-36, then the minimum lot area or the minimum average lot area per dwelling unit, as applicable, shall be reduced by 15%. Where density is stated in terms of a maximum number of dwelling units per acre, the maximum density may be increased by 15% under this § 255-36. An age-restricted residential development shall meet all other requirements of Borough ordinances.
