Borough of Derry, PA District Regulations

Residential uses:

Single-household detached dwellings.

Governmental home offices.

No-impact home-based business (see § 425-68A).

Other accessory buildings and uses on the same lot, which are customarily incidental to residential use (including amateur radio antennas; see § 425-69).

Nonresidential uses.

Bus shelters.

Essential services accessories only.

Forestry activities.

Open spaces.

Public utility facilities accessories only.

Accessory buildings and uses on the same lot, which are customarily incidental to the permitted nonresidential uses in this section.

Special exceptions. Special exceptions may be permitted where the Zoning Hearing Board finds after a public hearing that such uses will not create a hazardous condition and the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Zoning Ordinance, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this Zoning Ordinance.

Minor-impact home based businesses. (See § 425-68B.)

Cemeteries, houses of worship, funeral homes/mortuary, nursing homes, professional offices and services, private and civic clubs, public libraries and museums may be permitted as special exceptions where the Zoning Hearing Board finds after a public hearing that such uses will not create a hazardous condition and will otherwise meet the following requirements:

Minimum lot width and area according to use.

Special Exception Uses	Minimum Lot Width at the Front Lot Line (feet)	Minimum Lot Area (square feet)
Cemeteries	200	18,000
Houses of worship	120	15,000
Funeral homes/mortuary	100	10,000
Nursing homes	100	10,000
Private and civic clubs	60	7,000
Professional offices and services	60	7,000
Public libraries and museums	120	15,000

The perceived scale of the proposal shall not detract from the residential character of the surrounding neighborhood;

The appearance of the building shall be residential in character (i.e., gabled rooflines, wood siding or brick, an articulated footprint, varied facade, etc.);

Proposed traffic will not severely change the residential nature of the neighborhood, and all public and private roads (existing and proposed) serving the site shall be of adequate design and width to handle such traffic;

There shall be no exterior loud speaker systems or other audible signals which can be heard at or beyond the property line, other than chimes or bells to signal the top and bottom of the hour, and only between 7:00 a.m. and 7:00 p.m.; and

Signs, parking and any other provisions of this chapter for the zoning district shall be in compliance with the regulations for the district.

Conditional uses. Group homes. The following criteria apply to any group home in the Borough, including group homes for the protected class and the nonprotected class:

The owner of the property agrees to the arrangement;

The owner of the property shall agree to make himself readily available to neighbors and Borough representatives to discuss and correct any problems arising from this use of the property;

The use does not impair the normal peace and quiet of the neighborhood;

The exterior of the property appears as a single- or two-household structure;

No group homes shall be located within 800 feet of another group home; and

There shall be no signs advertising the property other than a sign informing the public when a room may be available for rent (or sale of the property).

Prohibited uses. Any use not complying with the specifications of this article is prohibited.

Lot area, coverage, and width.

Lot area minimum square feet: 6,000 square feet.

Lot area minimum square feet for all lots with no sanitary sewage: 20,000 square feet.

Lot coverage: 45% maximum (includes all structures).

Lot width at lot front (mailing address) street: 40 feet minimum.

Lot width at lot front (mailing address) street with no sanitary sewage: 100 feet minimum.

Building height.

Principal structure height: 50 feet maximum.

Accessory structure height: 25 feet maximum.

Number of stories: minimum of one story above ground level.

Building setbacks.

Setback from lot front (mailing address street): 20 feet minimum.

Principal building setback from the rear lot line: 40 feet minimum.

Accessory building setback from the rear lot line: five feet minimum.

Side(s) setback, interior lot: five feet minimum each side.

Street side setback, corner lot: 10% of lot width (but not less than five feet in all cases).

Interior side setback, corner lot: five feet minimum.

No accessory structure (i.e., garage, patio, swimming pool, gazebo) shall be erected nor shall its dimensions be increased beyond the front of the principal structure at its front foundation line. An accessory structure may be erected with the rear yard or side yard, provided that the height, area, width, setbacks and coverage as required for the district have been met.

Required off-street parking spaces.

Land Use	Required Off-Street Parking Spaces
Land Use	Minimum	Maximum
Residential uses
Single-household detached dwellings	Minimum of 2 spaces per dwelling unit
Governmental home offices	Nothing beyond those required by the dwelling unit itself
No-impact home-based businesses	Nothing beyond those required by the dwelling unit itself
Accessory buildings and uses on the same lot, which are customarily incidental to the above use	N/A
Nonresidential uses
Bus shelters	N/A
Essential services accessories	N/A
Forestry activities	Minimum of 1 space per 200 square feet of enclosed gross floor area if a building or structure is involved, and 1 space per each employee
Open spaces	N/A
Public utility facilities accessories	N/A
Accessory buildings and uses on the same lot which are customarily incidental to the above uses	N/A
Special exception uses
Cemeteries	1 space for every 2 employees	1 space per employee
Houses of worship	1 space per each 9 fixed seats or 12 linear feet of fixed benches. If there is no fixed seating, 1 space for each 50 square feet of enclosed gross floor area	1 space per each 5 fixed seats or 8 linear feet of fixed benches. If there is no fixed seating, 1 space for each 25 square feet of enclosed gross floor area
Funeral home, mortuary	Minimum of 1 parking space per employee and 2 parking spaces for the owner or operator, plus such additional spaces as are required to prevent overcrowding of the existing on-street parking facilities
Minor-impact home based business	Minimum of 2 spaces for the residential use plus 2 spaces for the business use if no nonresidential employees exist; or
	2 spaces for the residential use plus 3 spaces for the business use if 1 nonresidential employee exists; or
	2 spaces for the residential use plus 4 spaces for the business use if 2 nonresidential employees exist.
Nursing homes	Minimum of 1 parking space for every 2 patient beds, plus 1 parking space per employee and 2 parking spaces for the owner or operator
Professional offices and services	Minimum of 1 parking space per office, plus 1 parking space for every 200 square feet of net floor area
Private and civic clubs	Minimum of 1 parking space per employee and 2 parking spaces for the owner or operator, plus such additional spaces as are required to prevent overcrowding of the existing on-street parking facilities
Public libraries and museums	3 spaces up to 800 square feet of enclosed gross floor area plus 1 space for every additional 100 square feet of floor area
Conditional uses
Group homes	Minimum of 2 spaces per dwelling unit plus 1 space for every bedroom over 2 bedrooms plus 1 space per each employee (if applicable)

§ 425-43 R-MH Multiple-Household Residential Zone.

Purpose. It is the purpose of this zone to provide areas for medium-density residential use, relatively small lot sizes, duplexes, apartment buildings and other multiple-household uses, and attached as well as detached dwellings, while protecting the characteristics of these areas. Note: Additional provisions may apply, including but not limited to those listed in Article VI, Supplementary Regulations, of this chapter.

Permitted uses.

Residential uses.

Single-household detached dwellings.

Duplex and two to six maximum household high- and low-rise dwellings, townhouses and apartments (maximum four stories).

Governmental home offices.

No-impact home-based business (see § 425-68A).

Accessory buildings and uses on the same lot, which are customarily incidental to the permitted residential uses in this section.

Nonresidential uses.

Bus shelters.

Essential services (buildings and accessories).

Forestry activities.

Parks, playgrounds and open space.

Public utility facilities (buildings and accessories).

Accessory buildings and uses on the same lot, which are customarily incidental to the permitted nonresidential uses in this section.

Conversion apartments. Any single-household dwelling existing at the effective date of this chapter may be converted into a multi-household dwelling, providing that the remodeled unit provides separate living units, each having a minimum of not less than 800 square feet of habitable area, one bathroom and three habitable rooms (at least one of which shall be a bedroom), separate and private sanitary facilities and cooking and dining facilities for each dwelling unit and:

The owner of the property must reside in the dwelling on a continuing basis as long as the use is in existence.

The lot area per dwelling unit shall conform to the regulations for the zone in which it is located.

Fire escapes, where required, shall be in the rear of the structure and shall not be located on any wall facing a front or side street.

Parking shall be provided in accordance with the provisions of Subsection J.

Day-care facilities (in-home).

This subsection shall apply to child or adult day-care facilities (in-home) providing service for all or part of a twenty-four-hour-day for children less than 16 years of age, or for adults who are otherwise not capable of living on their own. The person primarily responsible for the day-care facility home shall be a full-time resident of the facility. Friends and/or family members who provide occasional, common babysitting services and places of worship furnishing babysitting during religious services (regardless of if they accept donations or a nominal fee) shall not be deemed as operating a day-care facility.

[1]

A day-care facility shall only be permitted in single-family detached and semidetached dwellings and shall not be permitted in any accessory buildings;

[2]

The facility shall present to the Borough a copy of their required state license upon request of the Zoning Officer and documentation indicating compliance with all applicable state or local building and firesafety codes;

[3]

The owner/operator shall permit official Borough representatives to enter the property to inspect and verify compliance with the requirements of this chapter;

[4]

Child and adult day-care facilities shall not provide medical or personal care services that extend beyond assistance with bathing, diet, dressing, and medication prescribed for self administration unless licensed to provide such services;

[5]

Off-street parking and pickup/dropoff areas shall be adequate and provided in a safe and secure manner to protect all persons using such spaces and in compliance with Subsection J;

[6]

Day-care facilities shall provide documentation to local police and fire departments indicating the scope of their operation, including the hours of operation, the number of customers and the location of sleeping areas (if applicable); and

For child day-care facilities, the following additional provisions shall apply:

[1]

The facility shall not be located within 300 feet of any potentially hazardous land use or activity which might pose a threat to the safety of the children or staff;

[2]

Outdoor play for children shall be confined to a fenced area which shall not be located in any front yard. The time period for such outdoor play shall be from dawn to dusk only;

[3]

Play equipment shall be located at least 10 feet from all abutting property line and no excessive noise shall be permitted.

Minor-impact home based businesses (see § 425-68B).

Minimum lot width and area according to use.

	Minimum Lot Width at the Front Lot Line (feet)	Minimum Lot Area (square feet)
Cemeteries	200	18,000
Houses of worship	120	15,000
Funeral homes/mortuary	100	10,000
Nursing homes	100	10,000
Private and civic clubs	100	10,000
Professional offices and services	100	10,000
Public libraries and museums	120	15,000

The perceived scale of the proposal shall not detract from the residential character of the surrounding neighborhood;

The appearance of the building shall be residential in character (i.e., gabled rooflines, wood siding or brick, an articulated footprint, varied facade, etc.);

There shall be no exterior loud speaker systems or other audible signals which can be heard at or beyond the property line; other than a chime or bell to signal the top and bottom of the hour, and only between 7:00 a.m. and 7:00 p.m.; and

Signs, parking, etc. shall comply with the regulations for the district.

Conditional uses.

Group homes. The following criteria apply to any group home in the Borough, including group homes for the protected class and the nonprotected class:

The owner of the property agrees to the arrangement;

The owner of the property shall agree to make himself readily available to neighbors and Borough representatives to discuss and correct any problems arising from this use of the property;

The use does not impair the normal peace and quiet of the neighborhood;

The exterior of the property appears as a single- or two-household structure;

No group homes shall be located within 800 feet of another group home; and

There shall be no signs advertising the property other than a sign informing the public when a room may be available for rent (or sale of the property).

Prohibited uses. Any use not complying with the specifications of this article is prohibited.

Lot area, coverage, and width.

Lot area, minimum square feet for single-household dwellings and other uses: 6,000 square feet.

Lot area, minimum square feet for duplex/two-household dwellings: 12,000 square feet.

Lot area, minimum square feet for triplex/three-household dwellings: 14,000 square feet (for each dwelling over three household units, add 2,000 square feet for each additional unit).

Lot coverage: 50% maximum (includes all structures).

Lot width at lot front (mailing address) street: 40 feet minimum.

Building height.

Principal structure height: 50 feet maximum.

Accessory structure height: 25 feet maximum.

Number of stories: minimum of one story above ground level.

Building setbacks.

Setback from lot front (mailing address street): 25 feet minimum.

Principal building setback from the rear lot line: 25 feet minimum.

Accessory building setback from the rear lot line: five feet minimum.

Side(s) setback, interior lot: five feet minimum each side.

Street side setback, corner lot: 10% of lot width (but not less than five feet in all cases).

Interior side setback, corner lot: five feet minimum.

Required off-street parking spaces.

Land Use	Required Off-Street Parking Spaces
Land Use	Minimum	Maximum
Residential uses
Single-household detached dwellings	Minimum of 2 spaces per dwelling unit
Duplex and 2 to 6 maximum household high- and low-rise dwellings, townhouses and apartments (maximum 4 stories)	Minimum of 2 spaces per dwelling unit
Governmental home offices	Nothing beyond those required by the dwelling unit itself
No-impact home-based businesses	Nothing beyond those required by the dwelling unit itself
Accessory buildings and uses on the same lot, which are customarily incidental to the above use	None	None
Nonresidential uses
Bus shelters	None	None
Essential services (buildings and accessories)	1 space per every 2 employees if the involved structure is a building	1 space per each employee if the involved structure is a building
Forestry activities	Minimum of 1 space per 200 square feet of enclosed gross floor area if a building or structure is involved, and 1 space per each employee
Parks, playgrounds and open space that do not contain any pavilions, play fields or ball fields.	None	1 space for every 6 persons of maximum design capacity for the facility
Parks containing playfields, ball fields, pavilions or similar structures	1 space for every 8 persons of maximum design capacity for the facility and 4 per pavilion	1 space for every 6 persons of maximum design capacity for the facility and 8 per pavilion
Public utility facilities (buildings and accessories)	1 space per every 2 employees if the involved structure is a building	1 space per each employee if the involved structure is a building
Accessory buildings and uses on the same lot which are customarily incidental to the above use	None	None
Special exception uses
Conversion apartments	Minimum of 2 spaces per dwelling unit
Day-care facility (in-home)	Minimum of 2 spaces per dwelling unit plus 1 space for each employee
Minor-impact home based business	Minimum of 2 spaces for the residential use plus 2 spaces for the business use if no nonresidential employees exist; or
	2 spaces for the residential use plus 3 spaces for the business use if 1 nonresidential employee exists; or
	2 spaces for the residential use plus 4 spaces for the business use if 2 nonresidential employees exist.
Cemeteries	1 space for every 2 employees	1 space for every employee
Houses of worship	1 space per each 9 fixed seats or 12 linear feet of fixed benches	1 space per each 5 fixed seats or 8 linear feet of fixed benches
Houses of worship	If there is no fixed seating, 1 space for each 50 square feet of enclosed gross floor area	If there is no fixed seating, 1 space for each 25 square feet of enclosed gross floor area
Funeral home, mortuary	Minimum of 1 parking space per employee and 2 parking spaces for the owner or operator, plus such additional spaces as are required to prevent overcrowding of the existing on-street parking facilities
Nursing homes	Minimum of 1 parking space for every 2 patient beds, plus 1 parking space per employee and 2 parking spaces for the owner or operator
Private and civic clubs	Minimum of 1 parking space per employee and 2 parking spaces for the owner or operator, plus such additional spaces as are required to prevent overcrowding of the existing on-street parking facilities
Professional offices and services	Minimum of 1 parking space per office, plus 1 parking space for every 200 square feet of net floor area
Public libraries and museums	3 spaces up to 1,000 square feet of enclosed gross floor area plus 1 space every additional 250 square feet of floor area	3 space up to 800 square feet of enclosed gross floor area plus 1 space every additional 100 square feet of floor area
Conditional uses
Group homes	Minimum of 2 spaces per dwelling unit plus 1 space for every bedroom over 2 bedrooms plus 1 space per each employee (if applicable)

§ 425-44 MX-VC Mixed Use - Village Commercial Zone.

Purpose. It is the purpose of this zone to incorporate the use of nonresidential uses into residential areas which are undergoing transition. These areas are predominantly residential, but due to environmental and physical features, are no longer prime residential areas. The permitted nonresidential uses are of a nature and controlled in such a way as to minimize their impacts on the existing residential use. Note: Additional provisions may apply including, but not limited to, those listed in Article VI, Supplementary Regulations, of this chapter.

Permitted uses.

Residential uses.

Single-household detached dwellings.

Duplex and two to six maximum household high- and low-rise dwellings, townhouses and apartments (maximum four stories).

Multi-household, over six dwelling units (maximum five stories).

Governmental home offices.

No-impact and minor impact home-based business (see § 425-68A and B).

Accessory buildings and uses on the same lot, which are customarily incidental to the permitted residential uses in this section.

Nonresidential uses.

Bus shelters.

Child day-care centers (not exceeding 5,000 square feet in gross floor area).

Essential services (buildings and accessories).

Forestry activities.

Funeral homes, mortuary.

Health services (not exceeding 5,000 square feet in gross floor area).

(g)

Nursing homes.

(h)

Parks, playgrounds and open space.

(i)

Private and civic clubs.

Professional offices and services (not exceeding 5,000 square feet in gross floor area).

(k)

Public utility facilities (buildings and accessories).

(l)

Retail sales and services (not exceeding 5,000 square feet in gross floor area).

(m)

Accessory buildings and uses on the same lot which are customarily incidental to the permitted nonresidential uses in this section.

Conversion apartments. Any single-household dwelling existing at the effective date of this chapter may be converted into a multi-household dwelling, providing that the remodeled unit provides separate living units each having a minimum of not less than 800 square feet of habitable area, one bathroom and three habitable rooms (at least one of which shall be a bedroom) separate and private sanitary facilities and cooking and dining facilities for each dwelling unit, and:

The owner of the property must reside in the dwelling on a continuing basis as long as the use is in existence.

It does not exceed density standards.

The lot area per dwelling unit shall conform to the regulations for the zone in which it is located.

Fire escapes, where required, shall be in the rear of the structure and shall not be located on any wall facing a front or side street.

Parking shall be provided in accordance with the provision of Subsection K.

Boarding houses and lodging houses, houses of worship, hotel/motel, public libraries and museums, schools, public and private, including colleges and institutions of higher education, after the Zoning Hearing Board determines they will not create a hazardous condition and will otherwise meet the following requirements:

Minimum lot width and area according to use.

	Minimum Lot Width at the Front Lot Line (feet)	Minimum Lot Area (square feet)
Boarding houses/lodging houses	200	18,000
Houses of worship	150	15,000
Hotel/motel	200	18,000
Public libraries and museums	150	15,000
Public and private schools	150	15,000

The perceived scale of the proposal shall not detract from the residential character (where applicable) of the surrounding neighborhood;

The appearance of the building shall be residential in character (where applicable) (i.e., gabled rooflines, wood siding or brick, an articulated footprint, varied facade, etc.);

Proposed traffic will not severely change the residential nature of the neighborhood (where applicable) and all public and private roads (existing and proposed) serving the site shall be of adequate design and width to handle such traffic;

There shall be no exterior loud speaker systems or other audible signals which can be heard at or beyond the property line, other than a chime or bell to signal the top and bottom of the hour, and only between 7:00 a.m. and 7:00 p.m.; and

Signs, parking, etc. shall comply with the regulations for the district.

Parking lot/facilities for business establishments, when not located on the same lot as the principal use for which the parking lot will serve, providing:

The lot is owned by the same owner of the principal use for which the parking lot will serve;

The lot must be situate directly abutting, or across the street or alley from, the principal use and must be in the same zoning district;

The lot shall not be placed on a parcel of land where residences exist and abut both sides of the lot, without the express written consent of the homeowners;

Only one (ungated) opening for entrance and exit may exist and must be a minimum of 20 feet wide;

Steel fencing surrounding the outside perimeter of the lot to a maximum of four feet shall be erected and maintained in good condition at all times;

A three-foot setback area inside the perimeter fencing consisting of hedges, decorative shrubs and woodchips, river stone or similar materials shall be provided and maintained in good condition at all times;

(g)

Lighting, which may not exceed a maximum height of 15 feet and must face in a direction to illuminate only the parking area and not be directed in a manner that would create a light hazard or serious annoyance to adjacent or abutting property owners;

(h)

Signs, if needed, may not exceed the height of the fence;

(i)

The lot must be paved with asphalt or concrete and well marked for parking spaces, exiting, etc.; and

The owner shall be financially responsible for any curb cutting, grading to the street, sidewalk installation and all similar construction necessities.

Conditional uses. Group homes. The following criteria apply equally to any group home in the Borough, including group homes for the protected class and the nonprotected class:

The owner of the property agrees to the arrangement;

The owner of the property shall agree to make himself readily available to neighbors and Borough representatives to discuss and correct any problems arising from this use of the property;

The use does not impair the normal peace and quiet of the neighborhood;

The exterior of the property appears as a single- or two-household structure;

No group homes shall be located within 800 feet of another group home; and

There shall be no signs advertising the property other than a sign informing the public when a room may be available for rent (or sale of the property).

Prohibited uses. Any use not complying with the specifications of this article is prohibited.

Lot area, coverage, and width.

Lot area, minimum square feet: 6,000 square feet.

Lot area, minimum square feet, duplex, two household: 10,000 square feet.

Lot area for over two households: 12,000 for three household; then add 2,000 square feet for each additional dwelling unit over three units.

Lot coverage: 40% maximum (includes all structures).

Lot width at lot front (mailing address) street: 40 feet minimum.

Building height.

Principal structure height: 50 feet maximum.

Accessory structure height: 25 feet maximum.

Number of stories: minimum of one story above ground level.

Building setbacks.

Setback from lot front (mailing address street): 25 feet minimum.

Principal building setback from the rear lot line: 25 feet minimum.

Accessory building setback from the rear lot line: five feet minimum.

Side(s) setback, interior lot: 10 feet minimum.

Street side setback, corner lot: 10% of lot width (but not less than five feet in all cases).

Interior side setback, corner lot: five feet minimum.

No accessory structure (i.e., garage, patio, swimming pool, gazebo) shall be erected nor shall its dimensions be increased beyond the front of the principal structure at its front foundation line. An accessory structure may be erected with the rear yard or side yard provided that the height, area, width, setbacks and coverage as required for the district have been met.

Density. In the case of a mixed use, the total gross floor area shall not exceed 2,500 square feet or total gross floor area of 5,000 square feet.

Required off-street parking spaces.

Land Use	Required Off-Street Parking Spaces
Land Use	Minimum		Maximum
Residential uses
Single-household detached dwellings	Minimum of 2 spaces per dwelling unit
Duplex and 2 to 6 maximum household high- and low-rise dwellings	Minimum of 2 spaces per dwelling unit
Multi-household: over 6 dwelling units (maximum 5 stories)	Minimum of 2 spaces per dwelling unit plus 1 designated visitor parking area for every 4 dwelling units
Government home offices	Nothing beyond those required by the dwelling unit itself
No-impact home-based businesses	Nothing beyond those required by the dwelling unit itself
Accessory buildings and uses on the same lot, which are customarily incidental to the above use	None		None
Nonresidential uses
Bus shelters	None		None
Day-care center (for children)	Minimum of 1 parking space for every 2 children, plus 1 parking space per employee and 2 parking spaces for the owner or operator
Essential services buildings	1 space per every 2 employees if the involved structure is a building		1 space per each employee if the involved structure is a building
Forestry activities	Minimum of 1 space per 200 square feet of enclosed gross floor area if a building or structure is involved, and 1 space per each employee
Funeral homes, mortuary	1 space per 1,400 square feet of enclosed gross floor area		1 space per 800 square feet of enclosed gross floor area
Health services	3 spaces up to 1,000 square feet and 3 spaces for every additional 1,000 square feet of enclosed gross floor area		1 space per 200 square feet of enclosed gross floor area
Nursing home	Minimum of 1 parking space for every 2 patient beds, plus 1 parking space per employee and 2 parking spaces for the owner or operator
Parks, playgrounds and open space that do not contain any pavilions, play fields or ball fields	None		1 space for every 6 persons per maximum design capacity for the facility
Parks containing play fields, ball fields, pavilions or the like	1 space for every 8 persons per maximum design capacity for the facility and 4 per pavilion		1 space for every 6 persons per maximum design capacity for the facility and 8 per pavilion
Professional offices and services	3 spaces up to 1,000 square feet and 3 spaces for every additional 1,000 square feet of enclosed gross floor area	1 space per 200 square feet of enclosed gross floor area		Plus 1 loading berth
Public utility facilities buildings and accessories	1 space per every 2 employees if the involved structure is a building		1 space per each employee if the involved structure is a building
Retail sales and services	4 spaces up to 1,000 square feet and 3 spaces every additional 1,000 square feet of enclosed gross floor area	1 space per 200 square feet of enclosed gross floor area		Plus 1 loading berth
Accessory buildings and uses on the same lot which are customarily incidental to the above use	None		None
Special exception uses
Conversion apartments	Minimum of 2 spaces per dwelling unit
Boarding house, lodging house	1 space for each sleeping room to be occupied by roomers or boarders plus 1 space per dwelling unit plus 1 space per every 3 employees not living on the premises		1 space for each sleeping room to be occupied by roomers or boarders plus 1 space per dwelling unit plus 1 space per every 2 employees not living on the premises
Houses of worship	1 space per each 9 fixed seats or 12 linear feet of fixed benches. If there is no fixed seating, 1 space for each 50 square feet of enclosed gross floor area		1 space per each 5 fixed seats or 8 linear feet of fixed benches. If there is no fixed seating, 1 space for each 25 square feet of enclosed gross floor area
Hotel/motel	1 space for every 4 guests or sleeping rooms and suites plus 1 space for every 6 employees plus additional space as required by this parking section because of any supplementary parking-generating activities		1 space for every 3 guests or sleeping rooms and suites plus 1 space for every 4 employees plus additional space as required by this parking section because of any supplementary parking-generating activities
Minor-impact home-based business	Minimum of 2 spaces for the residential use plus 2 spaces for the business use if no nonresidential employees exist; or
	2 spaces for the residential use plus 3 spaces for the business use if 1 nonresidential employee exists; or
	2 spaces for the residential use plus 4 spaces for the business use if 2 nonresidential employees exist.
Parking lot/facilities for business use when not located on the same lot as the principal use for which the parking lot will serve	Appropriate for the size of the lot
Public libraries and museums	3 spaces up to 1,000 square feet of enclosed gross floor area plus 1 space every additional 250 square feet of floor area		3 spaces up to 800 square feet of enclosed gross floor area plus 1 space every additional 100 square feet of floor area
Public and private schools, including colleges and institutions of higher education	1 space for each 25 students per design capacity plus 1 space for each 700 square feet of enclosed gross floor area for offices or teacher lounges		1 space for each 15 students per design capacity plus 1 space for each 400 square feet of enclosed gross floor area for offices or teacher lounges
Conditional uses
Group homes	Minimum of 2 spaces per dwelling unit plus 1 space for every bedroom over 2 bedrooms plus 1 space per each employee (if applicable)

§ 425-45 C-CB Central Business Commercial Zone.

Purpose. It is the purpose of this zone to define and provide controls for the major pedestrian-oriented shopping and business areas of the Borough. Note: Additional provisions may apply, including but not limited to those listed in Article VI, Supplementary Regulations, of this chapter.

Permitted uses.

Residential uses:

Upper-floor residential dwellings.

Governmental home offices.

No-impact, home-based business (see § 425-68A).

Accessory buildings and uses on the same lot, which are customarily incidental to the permitted residential use in this section.

Nonresidential uses.

Automotive sales and services.

Bus shelters.

Cultural facilities.

Eateries, fast-food and sit-down.

Essential services (buildings and accessories).

Forestry activities.

Health services.

Hotel/motel.

Parks and open space.

Private and civic clubs.

(k)

Professional offices and services.

(l)

Public libraries and museums.

(m)

Public utility facilities (buildings and accessories).

(n)

Retail sales and services.

(o)

Schools, public and private, including colleges and institutions of higher education.

(p)

Wholesale sales and services.

(q)

Accessory uses on the same lot and customarily incidental to the permitted uses.

Special exceptions.

Parking lot/facilities for business establishments, when not located on the same lot as the principal use for which the parking lot will serve, providing:

The lot is owned by the same owner of the principal use for which the parking lot will serve;

The lot must be situate directly abutting, or across the street or alley from, the principal use and must be in the same zoning district;

The lot shall not be placed on a parcel of land where residences exist and abut both sides of the lot, without the express written consent of the homeowners;

Only one (ungated) opening for entrance and exit may exist and must be a minimum of 20 feet wide;

Steel fencing surrounding the outside perimeter of the lot to a maximum of four feet shall be erected and maintained in good condition at all times;

A three-foot setback area inside the perimeter of any fencing consisting of hedges, decorative shrubs and woodchips, river stone or similar materials shall be provided and maintained in good condition at all times;

(g)

(h)

Signs, if needed, may not exceed the height of the fence;

(i)

The lot must be paved with asphalt or concrete and well marked for parking spaces, exiting, etc.; and

The owner shall be financially responsible for any curb cutting, grading to the street, sidewalk installation and all similar construction necessities.

Conditional uses.

Group homes. The following criteria apply equally to any group home in the Borough, including group homes for the protected class and the nonprotected class:

The owner of the property agrees to the arrangement;

The owner of the property shall agree to make himself readily available to neighbors and Borough representatives to discuss and correct any problems arising from this use of the property;

The use does not impair the normal peace and quiet of the neighborhood;

The exterior of the property appears as a single- or two-household structure;

No group homes shall be located within 800 feet of another group home; and

There shall be no signs advertising the property other than a sign informing the public when a room may be available for rent (or sale of the property).

Prohibited uses. Any use not complying with the specifications of this article is prohibited.

Lot area, coverage, and width.

Lot area minimum square feet: 2,500 square feet.

Lot coverage: 100% maximum (includes all structures).

Lot width at lot front (mailing address) street: 35 feet minimum.

Building height.

Principal structure height: 75 feet maximum.

Accessory structure height: 35 feet maximum.

Number of stories: minimum of one story above ground level.

Building setbacks.

Setback from lot front (mailing address street): may build to property line (provided that sidewalks either exist or are to be constructed); if no sidewalks, then five feet minimum.

Setback from the rear lot line adjoining existing alleys of record: five feet from the nearest right-of-way (otherwise, none required).

Setback from lot front (mailing address street) if adjoining residential districts: 15 feet minimum or 1/2 the height of the structure, whichever is greater.

Side(s) setback, interior lot: may build to property line.

Street side setback, corner lot: may build to property line (provided that sidewalks either exist or are to be constructed); if no sidewalks, then five feet minimum.

Interior side setback, corner lot: may build to property line.

Fences and walls.

Fences and walls may be erected, altered, and maintained forward of the building setbacks and/or just inside the property lines as per the supplementary regulations, § 425-54, Fences and walls.

All yards used for the storage of any material needed for the operation or conduct of a commercial enterprise shall be enclosed by a wall, fence, or screen planting, on all sides so as to continually restrict a clear view beyond said wall, fence, or screen planting. These restrictions shall not apply to goods ordinarily offered for sale by display.

Required off-street parking spaces and loading berths.

Land Use	Required Off-Street Parking Spaces		Required Off-Street Loading Berths
Land Use	Minimum	Maximum	Minimum
Residential uses
Upper-floor residential dwellings	1 space per dwelling unit plus additional space as required by this parking section because of any supplementary parking generating activities on the lot or lower floors	2 spaces per dwelling unit plus additional space as required by this parking section because of any supplementary parking generating activities on the lot or lower floors	None
Governmental home offices	Nothing beyond those required by the dwelling unit itself
No-impact home-based business	Nothing beyond those required by the dwelling unit itself
Accessory buildings and uses on the same lot, which are customarily incidental to the permitted residential use in this section	N/A
Nonresidential uses
Automotive sales	1 space per each 1,000 square feet of enclosed gross floor area plus 1 space for each 3,000 square feet of outside display area plus 100% of the additional parking spaces required by this table for other land uses on the same lot; at least 170 square feet of lot area shall be provided for each vehicle stored on the premises	1 space per each 700 square feet of enclosed gross floor area plus 1 space for each 2,000 square feet of outside display area plus 100% of the additional parking spaces required by this table for other land uses on the same lot; at least 170 square feet of lot area shall be provided for each vehicle stored on the premises	1 berth per each 10,000 square feet of enclosed floor area up to 30,000 square feet plus 1 berth per each 25,000 square feet of enclosed floor area over 30,000 square feet
Automotive services	1 space per each service bay; a service bay shall not count as a parking space	2 spaces per each service bay; a service bay shall not count as a parking space	1 berth per each 10,000 square feet of enclosed floor area up to 30,000 square feet plus 1 berth per each 25,000 square feet of enclosed floor area over 30,000 square feet
Bus shelters	None	None	None
Cultural facilities	1 space per each 7 fixed seats or 12 linear feet of fixed benches; if there is no fixed seating, 1 space for each 100 square feet of enclosed gross floor area	1 space per each 5 fixed seats or 8 linear feet of fixed benches; if there is no fixed seating, 1 space for each 50 square feet of enclosed gross floor area	None
Eateries, fast-food and sit-down	1 space for every 4 employees plus 1 space for every 4 customer seats	1 space for every 3 employees plus 1 space for every 3 customer seats	1 berth for each 10,000 square feet of enclosed gross floor area
Essential services (buildings and accessories)	1 space per every 2 employees if the involved structure is a building	1 space per each employee if the involved structure is a building	None
Forestry activities	Minimum of 1 space per 200 square feet of enclosed gross floor area and 1 space per each employee (if applicable)		None
Health services	1 space per every 5 beds plus 1 space for each 6 outpatients at the peak outpatient period plus 1 space per each 3 employees plus 1 space per each hospital vehicle (bassinets may not be counted as beds)	1 space per every 3 beds plus 1 space for each 4 outpatients at the peak outpatient period plus 1 space per each 2 employees plus 1 space per each hospital vehicle (bassinets may not be counted as beds)	1 berth for each 10,000 square feet of enclosed gross floor area
Hotel/motel	1 space for every 4 guests or sleeping rooms and suites plus 1 space for every 6 employees plus additional space as required by this parking section because of any supplementary parking-generating activities	1 space for every 3 guests or sleeping rooms and suites plus1 space for every 4 employees plus additional space as required by this parking section because of any supplementary parking-generating activities	None
Parks and open spaces that do not contain any pavilions, play fields or ball fields	None	None	N/A
Private and civic clubs	Minimum of 1 parking space per employee and 2 parking spaces for the owner or operator, plus such additional spaces as are required to prevent overcrowding of the existing on-street parking facilities		N/A
Professional offices and services	3 spaces up to 1,000 square feet and 3 spaces for every additional 1,000 square feet of enclosed gross floor area	1 space per 200 square feet of enclosed gross floor area	1 berth for each 10,000 square feet of enclosed gross floor area
Public libraries and museums	3 spaces up to 1,000 square feet of enclosed gross floor area plus 1 space every additional 250 square feet of floor area	3 spaces up to 800 square feet of enclosed gross floor area plus 1 space every additional 100 square feet of floor area	None
Public utility facilities (buildings and accessories)	1 space per every 2 employees if the involved structure is a building	1 space per each 2 employees if the involved structure is a building	None
Retail sales and services	3 spaces up to 1,000 square feet and 3 spaces for every additional 1,000 square feet of enclosed gross floor area	5 spaces per 1,000 square feet of enclosed gross floor area	1 berth for each 10,000 square feet of enclosed gross floor area
Schools, public and private including colleges and institutions of higher education	1 space for each 25 students per design capacity plus 1 space for each 700 square feet of enclosed gross floor area for offices or teacher lounges	1 space for each 15 students per design capacity plus 1 space for each 400 square feet of enclosed gross floor area for offices or teacher lounges	None
Wholesale sales and services	2 spaces up to 2,500 square feet and 1 space every additional 3,000 square feet of enclosed gross floor area	1 space per 2,000 square feet of enclosed gross floor area plus 1 space for every employee	1 berth per each 10,000 square feet of enclosed floor area up to 30,000 square feet plus 1 berth per each 25,000 square feet of enclosed floor area over 30,000 square feet
Accessory buildings and uses on the same lot which are customarily incidental to the above uses	None	None	None
Special exception uses
Parking lot/facilities for business use when not located on the same lot as the principal use for which the parking lot will serve	Appropriate for the size of the lot		N/A
Conditional uses
Group homes	Minimum of 2 spaces per dwelling unit plus 1 space for every bedroom over 2 bedrooms plus 1 space per each employee (if applicable)		N/A

§ 425-46 G-I General Industrial Zone.

Purpose. It is the purpose of this zone to provide an area suitable for the use of industry and related uses with controls necessary for ensuring sound industrial development. Note: Additional provisions may apply including, but not limited to, those listed in Article VI, Supplementary Regulations, of this chapter.

Permitted uses.

Agricultural operations.

Alternative towers and wireless telecommunications facilities (see § 425-70).

Automotive assembly and services.

Bus shelters.

Essential services (buildings and accessories).

Extraction and mining of raw materials.

(7)

Forestry activities.

(8)

Freight, trucking and intermodal terminals, rail yards and railroads.

(9)

Manufacture, compounding, processing, or treatment of products from raw materials or previously prepared materials.

(10)

Medical laboratories and diagnostic facilities.

(11)

Parking facilities when not located on the same lot as the use they serve.

(12)

Printing and publishing.

(13)

Public utility facilities (buildings and accessories).

(14)

Railroad manufacturing, repair, research and development facilities.

(15)

Research and development laboratories.

(16)

Storage of raw materials, equipment, and finished products.

(17)

Value-added manufacturing, compounding processing or treatment.

(18)

Wholesale sales and services.

(19)

Woodworking.

(20)

Accessory uses on the same lot and customarily incidental to the permitted uses, including:

Space for the overnight and/or weekend parking of commercial vehicles.

Other customary accessory uses and structures for the permitted uses.

Special exception: sexually oriented business. A special exception may be permitted where the Zoning Hearing Board finds after a public hearing that such use will not create a hazardous condition. The Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Zoning Ordinance, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this Zoning Ordinance and where the sexually oriented business otherwise meets the following requirements:

That the applicant(s):

Is an individual person, or is all individual persons in a group, partnership, corporation, or other business association have at least a 20% interest, whether direct or indirect;

Is 18 years old or older and has an interest in the property;

Certifies that no one on the premises shall be under the age of 18 years;

Has never been convicted of any offense involving sexual misconduct, including but not limited to prostitution, rape, obscenity, statutory rape, possession of child pornography, or corruption of minors; and

Agrees that the Zoning Officer and the Police Department may inspect the premises for the compliance with this chapter and the Board's permit upon request whenever the business is open.

That the business:

Shall not be located within 1,000 feet of a church or similar use, a school (public or private preschool, child day care, elementary, or secondary facility), a public library, a public park, or a child-oriented business. Such measurement shall be taken from the structure in which the sexually oriented business is to be located to the property line of the other use. Uses outside the municipal limits of the Borough of Derry shall also be considered. The subsequent location of one of these uses within 1,000 feet of an existing sexually oriented business shall not serve to void the permit(s) granted to the sexually oriented business;

Shall not be operated, established, substantially enlarged, or transferred in ownership or control within 1,000 feet of another sexually oriented business. Such measurement shall be taken from the structure in which the sexually oriented business is to be located to the structure of the sexually oriented business. Uses outside the municipal limits of the Borough of Derry shall also be considered;

Is not operated, established, or maintained in the same building or structure, or portion thereof, as another sexually oriented business, nor shall the floor area be enlarged in such case;

Such a business which existed prior to the enactment of this chapter shall not be permitted to be increased, enlarged, extended, or altered unless such increase, enlargement, extension or alteration places the entire use in full compliance with this section;

Is so designed so that activities within the business cannot be seen, heard, or smelled outside the structure, or portion thereof, in which the business is located. This shall include, without limitation, devices, objects, toys, tools, entertainment, and signs advertising the business that are distinguished or characterized by their association with sexually oriented activity; and

Agrees that merchandise displays, signs, or any other exhibit depicting adult entertainment activities or sexually oriented businesses placed within the interior of buildings or premises shall be arranged and screened to prevent public viewing from outside such buildings or premises.

That the Borough:

Is granted the right to inspect the business for compliance on demand at any time the business is open (including times when the business hours are over but individuals are present in the building or on the site); and

Has the ability to shut down the business for noncompliance with this chapter or the Borough's decision. Such a shutdown can take the form of either a suspension or a revocation of the permit(s) or license(s) necessary to legally operate the business until the time when the noncompliance is corrected to the satisfaction of the Borough.

Conditional uses: none.

Supplemental zoning permit requirements. In order that the Zoning Officer may have a reasonable basis upon which to approve a proposed industrial operation or an expansion of an existing industrial operation for conformity to the requirements of this chapter, the following data shall be submitted with an application for a permit (in addition to the requirements aforementioned for a zoning permit in § 425-11).

Plot plan drawn to a scale of one inch equals 40 feet, including:

Loading and unloading areas.

Description of buffers where required.

Provisions of parking where required.

Location and specifications of any proposed signs.

Architectural plan to scale.

Description of operation.

Engineering and architectural plans for all utilities.

Plans for prevention or control of noise, vibration, glare, fire hazard, air pollution, water pollution and traffic.

Number of shifts and maximum employment per shift.

(7)

Stormwater management plan and provisions allowing floodplain construction, if necessary.

(8)

Additional pertinent data as may be required by the Zoning Officer.

(9)

Evidence of approval by state and other governmental agencies concerned.

Prohibited uses. Any use not complying with the specifications of this article is prohibited.

Lot area, coverage, and width.

Lot area minimum square feet for any use: 6,000 square feet.

Lot coverage: 65% maximum.

Lot width at lot front (mailing address street): 75 feet minimum.

Building height.

Principal structure height: 75 feet maximum.

Accessory structure height: 35 feet maximum.

Number of stories: minimum of one story above ground level.

Building setbacks.

Setback from lot front (mailing address street): 15 feet minimum.

Principal building setback from the rear lot line: 10 feet minimum.

Accessory building setback from the rear lot line: 10 feet minimum.

Side(s) setback, interior lot: 10 feet minimum each side.

Street side setback, corner lot: 20% of lot width (but not less than 10 feet in all cases).

Interior side setback, corner lot: five feet minimum.

Open storage. All permitted open storage shall be located within an area not closer than 50 feet from any street right-of-way line and shall be enclosed with a buffer yard, or other approved screening, not less than eight feet in height, to normally screen view of stock piles. The storage of lumber, coal, or other combustible material shall not be less than 20 feet from any interior lot line, and a roadway shall be provided, graded, surfaced, and maintained from the street into the property to permit free access of fire trucks and emergency vehicles at all times.

Permanent containerized storage.

The containers shall be permanently and securely affixed to the ground or building in accordance with the building code.

The containers shall not interfere with the existence or use of the parking, loading, buffering, and screening elements of the lot.

The containers shall be maintained in sanitary condition to the standards for structures as determined by the applicable state, local and/or federal laws governing such matters.

The containers shall not be used for advertising; no signs shall be affixed to any part of the exterior of the containers.

The containers shall not be visible from any street (alleys excepted) or any nonindustrial zoning district.

Fences and walls.

Fences and walls may be erected, altered, and maintained forward of the building setbacks and/or just inside the property lines as per the supplementary regulations, § 425-54, Fences and walls;

Required off-street parking spaces and loading berths.

§ 425-47 O-C Open Space-Conservation Zone.

Purpose. The Future Land Use Plan section of the Derry Borough Comprehensive Plan develops its goals and objectives into a concrete recommendation for a Recreation-Open Space-Conservation (O-C) zoning district. This chapter's "Open Space/Conservation" or "O/C" District follows that recommendation. This district's regulations are designed to allow the appropriate development of floodplains or lands with a slope of 25% or more; to protect the community as a whole against the excessive damage that occurs from erosion and other environmental problems that result from random development on these sensitive lands; to protect lands that are especially valuable to the community's recreation or conservation needs; and to enhance the unique character of this district, its structures, and its quality of life. Note: Additional provisions may apply, including but not limited to those listed in Article VI, Supplementary Regulations, of this chapter.

Permitted uses.

Areas of excessive slope, inaccessible or remnants of land not suited for general uses and areas subject to flooding may be used only for the following purposes or comparable purposes as a special exception only, where the Zoning Hearing Board finds after a public hearing that such listed uses will not create a hazardous condition; are suited to the characteristics of the land; and are considered compatible with adjacent land uses:

Forestry activities.

Governmental home offices.

No-impact home-based business (see § 425-68A).

Parks, playgrounds, or open spaces.

Public utility and essential services accessories only.

Single-family detached dwellings (and accessory buildings customarily incidental to residential use) under the following conditions:

[1]

Lot area minimum square feet: 20,000 square feet.

[2]

Lot coverage: 30% maximum (includes all structures).

[3]

Lot width at lot front (mailing address) street: 100 feet minimum.

[4]

Principal structure height: 2 1/2 stories maximum plus maximum depth of 35 feet.

[5]

Accessory structure height: 15 feet maximum.

[6]

Number of stories: minimum of one story above ground level.

[7]

Setback from lot front (mailing address street): 25 feet minimum.

[8]

Principal building setback from the rear lot line: 40 feet minimum.

[9]

Accessory building setback from the rear lot line: 10 feet minimum.

[10]

Side(s) setback, interior lot: 15 feet each side minimum.

[11]

Street side setback, corner lot: 20% of lot width (but not less than 15 feet in all cases).

[12]

Interior side setback, corner lot: 15 feet minimum.

[13]

The dwelling must be located on level terrain. There shall be an area of level terrain equal to or greater than 80 feet deep by 80 feet wide for dwelling site location.

[14]

Parking requirements shall follow as per the R-SH District Parking Chart.

Conditional uses.

Group homes. The following criteria apply equally to any group home in the Borough, including group homes for the protected class and the nonprotected class:

The owner of the property agrees to the arrangement;

The owner of the property shall agree to make himself readily available to neighbors and Borough representatives to discuss and correct any problems arising from this use of the property;

The use does not impair the normal peace and quiet of the neighborhood;

The exterior of the property appears as a single or two household structure;

No group homes shall be located within 800 feet of another group home; and