Uses in the R-1 Low-Density Residential District
shall be regulated as follows:
B.
Special exceptions. The following special exceptions
require authorization of the Zoning Hearing Board and must meet the
prescribed conditions:
(1)
Conversion apartments, provided that:
(a)
Each unit provides a minimum of 500 square feet
of habitable living area.
(b)
Each dwelling unit shall contain one bathroom
and three habitable rooms, at least one of which shall be a bedroom.
(c)
Not more than one conversion apartment shall
be permitted within any residential structure.
(d)
Separate and private sanitary facilities and
cooking and dining accommodations are provided for in each apartment.
(e)
Fire and safety provisions are certified to
be adequate with respect to the Borough Fire Code and Housing Code.
(f)
One off-street parking space shall be provided
per dwelling unit.
(2)
Home occupations, provided that:
(a)
An official residence shall be maintained by
the occupant who may be the owner, a renter or lessee.
(b)
All uses shall be located within a principal
dwelling.
(c)
Not more than 50% of the ground floor area of
the principal dwelling shall be occupied by the use.
(d)
There shall not be more than two nonresidents
employed on the premises.
(e)
There shall not be an animal hospital or clinic
associated therewith.
(f)
There shall be a minimum of three off-street
parking spaces provided in addition to those required for residential
use under the provisions of this chapter.
Uses in the R-2 Medium-Density Residential District
shall be regulated as follows:
A.
Permitted uses.
[Amended 4-13-1994 by Ord. No. 492]
(1)
Single-family detached dwellings.
(2)
Parks, playgrounds and other noncommercial recreational
uses.
(3)
Schools and churches.
(4)
Two to six family dwellings, including townhouses,
duplexes and garden apartments.
(5)
Funeral and nursing homes.
(6)
Private clubs, lodges and meeting halls.
(7)
Professional offices.
(8)
Conversion apartments.
(9)
Municipal, civic and cultural buildings.
B.
The following special exceptions require authorization
of the Zoning Hearing Board and must meet the prescribed conditions:
(1)
Home occupations, provided that:
(a)
An official residence shall be maintained by
the occupant who may be the owner, a renter or lessee.
(b)
This use shall be located within a principal
dwelling.
(c)
Not more than 50% of the ground floor area of
the principal dwelling shall be occupied by the use.
(d)
There shall be not more than two nonresidents
employed on the premises.
(e)
There shall not be an animal hospital or clinic
associated therewith.
(f)
There shall be a minimum of three off-street
parking spaces provided in addition to those required under the provisions
of this chapter.
D.
All lots shall be served by public sewer and water
facilities.
E.
Lot and area requirements.
(3)
(4)
Minimum front yard requirements: 20 feet.
(6)
Maximum building height requirements: three stories
or 35 feet.
Uses in the R-3 High-Density Residential District
shall be regulated as follows:
A.
Permitted uses.
[Amended 4-13-1994 by Ord. No. 492]
(1)
Single-family detached dwellings.
(2)
Parks, playgrounds and other noncommercial recreational
uses.
(3)
Schools and churches.
(4)
Two- to six-family dwellings, including townhouses,
duplexes and garden apartments.
(5)
Funeral and nursing homes.
(6)
Private clubs, lodges and meeting halls.
(7)
Professional offices.
(8)
Conversion apartments.
(9)
Municipal, civic and cultural buildings.
(10)
Multifamily residential structures, including
high-rise apartments.
(11)
Hospitals, medical centers and clinics.
C.
All lots shall be served by public water and sewer
facilities.
D.
Lot and area requirements.
(3)
Minimum front yard requirement: 20 feet.
(4)
(6)
Maximum building height requirement: six stories or
75 feet.
Uses in the B Business District shall be regulated
as follows:
A.
Permitted uses.
[Amended 7-11-1988 by Ord. No. 473]
(1)
Shopping areas consisting of integrated business centers
for the conducting of normal retail functions.
(2)
Retail businesses, banks and offices when all are
conducted entirely within buildings.
(3)
Restaurants, cafes, motion-picture theaters, bowling
alleys and other places of public amusement conducted entirely within
buildings.
(4)
Service establishments, including barbershops and
beauty shops, custom tailor shops, laundry agencies, self-service
laundries, hand laundries, shoe repair, electrical and plumbing sales
and service, dry-cleaning, pressing or tailoring shops, in which only
nonexplosive and noninflammable solvents and materials are used and
where no work is done on the premises for retail outlets elsewhere.
(5)
Bakery, candy, pastry, confectionery or ice cream
retail sales with manufacturing permitted only for sales on the premises.
(6)
Automobile sales conducted entirely within buildings.
(7)
Hotels and motels.
(8)
Police, fire protection and municipal buildings and
uses.
(9)
Dwelling units over commercial establishments when
private yard areas are provided.
B.
Special exceptions. The following special exceptions
require authorization of the Zoning Hearing Board and must meet the
prescribed conditions:
[Amended 7-11-1988 by Ord. No. 473]
(1)
Gasoline stations, automobile repair and other drive-in
uses, provided that:
(a)
No street entrance or exit for vehicles and
no portion or equipment of such service station, automobile repair
or other drive-in uses shall be located within:
(b)
No equipment above the surface of the ground
for the service of motor vehicles shall be closer than 30 feet to
any property line.
(c)
The width of any entrance driveway leading from
the public street to such service station, automobile repair or other
drive-in use shall not exceed 30 feet at its intersection with the
curbline or edge of pavement.
(d)
No two driveways leading from a public street
to such service station, automobile repair or other drive-in shall
be within 15 feet of each other at their intersection with the curbline
or street line.
(e)
Parking and vehicle access shall be so arranged
that there will be no need for the motorists to back over sidewalks
or into streets.
D.
All lots shall be served by public water and sewer
facilities.
G.
Conditional uses. The following conditional uses may be allowed or
denied by the Borough Council after recommendations by the Planning
Commission in accordance with the following criteria and provisions:
[Added 7-13-2011 by Ord. No. 571]
(1)
The party applying for a conditional use shall submit five copies
of a site plan and supporting data which shows the size, location,
and topography of the site, the use of adjacent land, the proposed
size, bulk, use and location of buildings; the location and proposed
function of all yards, open spaces, parking areas, driveways, storage
areas and accessory structures; the location of all utilities, the
provisions for parking, moving or loading of vehicles and the timing
of construction proposed to the Zoning Officer.
(2)
The Zoning Officer shall forward copies of the application to the
Board and to the Planning Commission for review and approval.
(3)
The Planning Commission shall make a recommendation to the Board
in advance of the public hearing to be conducted on the application.
Failure to make such a recommendation shall be deemed to be a favorable
recommendation.
(4)
The Board shall conduct public hearings on applications for conditional
uses in accordance with the provisions established for public hearings,
as set forth in the Pennsylvania Municipalities Planning Code, as
amended. The Board may attach such conditions as they deem necessary
to the approval, either tentative or final, of any conditional use.
The approved site plan and all attached conditions shall be recorded
by the applicant within 90 days of final approval. All development,
construction and use shall be in accordance with the approved plan,
unless a revised plan is submitted, approved and recorded. Any development
contrary to the approved plans shall constitute a violation of this
chapter.
(5)
A conditional use shall be approved if, and only if, it is found
to meet the following criteria:
(a)
The proposed use shall not involve any element or cause any
condition that may be dangerous, injurious, or noxious to any other
property or persons.
(b)
The proposed use shall be sited, oriented and landscaped to
produce a harmonious relationship of buildings and grounds to adjacent
buildings and properties.
(c)
The proposed use shall produce a total visual impression and
environment which is consistent with the environment of the neighborhood.
(d)
The proposed use shall organize vehicular access and parking
to minimize traffic congestion in the neighborhood.
(e)
The propose use shall preserve the objectives of this chapter
and shall be consistent with the Comprehensive Plan.
(6)
All conditional uses shall comply with the requirements of this section.
In order to determine whether a proposed use will conform to the requirements
of this chapter, the Board may obtain a qualified consultant to testify,
whose cost for services shall be borne by the applicant.
(a)
Fire prevention and fighting equipment acceptable to the Board
of Fire Underwriters shall be readily available when any activity
involving the handling or storage of flammable or explosive materials
is carried on.
(b)
No activity shall cause electrical disturbance adversely affecting
radio or other equipment in the vicinity.
(c)
Noise which is determined to be objectionable because of volume,
frequency, or beat shall be muffled or otherwise controlled, except
that fire sirens and related apparatus used solely for public purposes
shall be exempt from this requirement.
(d)
Vibration detectable without instruments on neighboring property
in any district shall be prohibited.
(e)
No malodorous gas or matter shall be permitted which is discernible
on any adjoining lot or property.
(f)
No pollution of air by flyash, dust, smoke vapors or other substance
shall be permitted which is harmful to health, animals, vegetation
or other property.
(g)
Lighting devices which produce objectionable direct or reflected
glare on adjoining properties or thoroughfares shall not be permitted.
(h)
No erosion by wind or water shall be permitted which will carry
objectionable substance onto neighboring properties.
(i)
Water pollution shall be subject to the standards established
by the State Sanitary Water Board.
(7)
Automotive sales outside of a building.
(a)
Area to be used for automotive sales must have a defined location
that will be used solely for automotive sales.
(b)
Proposed site plan must include details of where vehicles will
sit for display.
(c)
All vehicles for sale must be operational and road-ready.
(d)
Proposed site plan must include details of proposed number of
new and used vehicles.
(e)
Number of vehicles allowed will be determined by lot size.
(f)
Number of used vehicles and number of new vehicles allowed will
be determined by site specific conditions.
Uses in the I-1 Light Industrial District shall
be regulated as follows:
A.
Permitted uses.
(1)
Warehousing and indoor storage facilities.
(2)
Building material supplies, except stone crushing
or concrete mixing.
(3)
Beverage bottling and/or distribution.
(4)
Laboratories devoted to research, design, experimentation,
processing and fabrication incidental thereto.
(5)
Printing, publishing and allied processes.
(6)
Utility operations (electric and gas company operations).
(7)
Highway freight, transportation and distribution facilities.
(8)
Food and kindred products packaging, storage and distribution.
(9)
Light manufacturing and fabrication processes which
emit no noise, dust, fumes or other objectionable or hazardous nuisances
and where all such activities take place within fully enclosed buildings.
(10)
Carpenter, electrical, plumbing, heating or
sheet metal shop, furniture upholstering shop, laundry and clothes
cleaning or dyeing establishment, printing shop or publishing plant.
(11)
The manufacture, compounding, processing, packaging
or treatment of such products as bakery goods, candy, cosmetics, pharmaceuticals,
toiletries and food products.
C.
All lots shall be served by public water and sewer
facilities.
D.
Lot and area requirements.
(1)
Minimum lot area: 7,500 square feet.
(2)
Minimum width: 70 feet.
(3)
Minimum side yard requirement: 15 feet per side yard.
(4)
Minimum front yard requirement: 25 feet.
(5)
Minimum rear yard requirement: 40 feet.
(6)
Maximum building height: four stories or 50 feet.
(7)
Maximum lot coverage for structures shall not exceed
50% of the lot area.
F.
Sexually oriented businesses. Sexually oriented businesses
shall be permitted conditional uses, subject to the following express
standards and criteria:
[Added 9-8-1999 by Ord. No. 516]
(1)
Sexually oriented businesses may be established only
in the I-1 Light Industrial District.
(2)
Any person who intends to open a sexually oriented
business must obtain from the Borough of Freedom a license to operate
such an enterprise and must pay the Borough of Freedom any fees as
may be set from time to time by resolution of the Borough Council.
In addition, such persons or owners must supply to the borough detailed
information as to the ownership and financing as required on the licensing
application form. This form can be obtained at the office of the Borough
Secretary.
(3)
No sexually oriented business can operate if the establishment
would be within 500 feet of a preexisting school, hospital, nursing
home, personal care home, group care facility, park, church, recreation
center, day-care facility, senior citizens center, public library,
cemetery, convalescent home, establishment which is licensed to and
does sell alcoholic beverages, other adult businesses or any area
zoned, residential or historical.
(4)
A sexually oriented business shall be initially licensed,
where it has met the requirements set forth in the Freedom Borough
Code of Ordinances, through December 31 of the year in which the license
is issued. For each year thereafter that the adult business intends
to continue its business as an adult commercial enterprise, it must
seek from the office of the Secretary of Freedom Borough a renewal
of the license. The application for renewal is due in the Secretary's
office no later than November 1 of the year preceding the year in
which the license renewal is sought. The lack of a license or the
failure to seek license renewal on a timely basis shall be a proper
basis for the borough to deny or revoke an occupancy permit to an
adult bookstore, adult movie theater or similar adult commercial enterprise
or other adult establishment.
Uses in the I-2 Heavy Industrial District shall
be regulated as follows:
A.
Permitted uses.
[Amended 4-13-1994 by Ord. No. 492]
(1)
Warehousing and indoor storage facilities.
(2)
Building material supplies, except stone crushing
or concrete mixing.
(3)
Beverage bottling and/or distribution.
(4)
Laboratories devoted to research, design, experimentation,
processing and fabrication incidental thereto.
(5)
Printing, publishing and allied processes.
(6)
Utility operations (electric and gas company operations).
(7)
Highway freight, transportation and distribution facilities.
(8)
Food and kindred products packaging, storage and distribution.
(9)
Light manufacturing and fabrication processes which
emit no noise, dust, fumes or other objectionable or hazardous nuisances
and where all such activities take place within fully enclosed buildings.
(10)
The manufacture, compounding, assembling or
treatment of articles of merchandise from the following previously
prepared materials: bone, canvas, cellophane, cloth, cork, feathers,
felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious
or semiprecious metals or stone, shell, textiles, tobacco, wax, wood
and yarn.
(11)
The manufacture of ceramic products, using only
previously pulverized clay and kilns fired only by electricity or
gas.
(12)
The manufacture of musical instruments, toys,
novelties, rubber or metal stamps and other small moulded rubber products.
(13)
The manufacture or assembly of electrical appliances,
electronic instruments and devices.
(14)
The manufacture of crude oil and its associated
products.
(15)
Railroad freight yards, transportation and associated
functions.
(16)
Other manufacturing, compounding, processing,
packing or treatment excluding such uses or processes which produce
or emit dust, smoke, refuse matter, toxic or noxious odors, gases
or fumes, excessive noise or vibration or similar substances and conditions.
D.
All lots shall be served by public water and sewer
facilities.
E.
Lot and area requirements.
(1)
Minimum lot area: 20,000 feet.
(2)
Minimum lot width: 100 feet.
(3)
Minimum side yard requirement: 25 feet per each side.
(4)
Minimum front yard requirement: 30 feet.
(5)
Minimum rear yard requirement: 50 feet.
(6)
Maximum building height: six stories or 60 feet.
(7)
Maximum lot coverage for structures shall not exceed
50%.
Uses in the C Conservation District shall be
regulated as follows:
B.
Special exceptions.
(1)
Areas of excessive slope, inaccessible or remnants
of land not suited for general use and areas subject to frequent flooding
may be used for the following purposes or comparable purposes, if,
in the opinion of the Zoning Hearing Board, the uses are suited to
the characteristics of the land and are considered compatible with
adjacent land uses.
(2)
Single-family residence may be permitted, provided
that:
(a)
Public sewage facilities are utilized.
(b)
Minimum lot area is 20,000 square feet.
(c)
Minimum lot width is 100 feet.
(d)
Minimum side yard is at least 15 feet on each
side.
(e)
Minimum front yard is 25 feet.
(f)
Minimum rear yard is 50 feet.
(g)
Maximum building coverage is 30%.
(h)
Construction of the dwelling unit will not,
in the judgment of the Board, present a hazard to the life or property
of its occupants or to adjacent property owners.
(i)
One off-street parking space shall be provided
per dwelling unit.
