[Amended 11-24-2003 by Ord. No. 1669]
A.
Agriculture, animals and poultry. Unless otherwise controlled by
City ordinance or regulation, operations involving the use of buildings
and land for farming, gardening, nurseries, greenhouses, riding academies,
livery or boarding stables, dog kennels, animal hospitals, stock raising,
dairying and poultry shall be permitted in all districts, except where
specifically prohibited, subject to the following safeguards and regulations:
(1)
Storage of manure or odor- or dust-producing substance shall not
be permitted within 200 feet of any lot line.
(2)
Greenhouse heating plant (coal fired) shall not be operated within
100 feet of any lot line.
(3)
Buildings in which animals or poultry are kept shall not hereafter
be erected within 200 feet of any lot line, with the exception of
a veterinary establishment solely limited to facilities necessary
to the temporary treatment of sick or otherwise ailing pets normally
permitted within the house and yard and to include dogs, cats, canaries,
parakeets and similar household pets; such veterinary establishment
may be erected as close as 50 feet to any lot line.
(4)
The selling of products raised, bred or grown on the premises shall
be permitted, provided that all stands or shelters used for such sales
shall be removed during that period when not in use for the display
of, or sale of products; unless otherwise permitted within a specific
district.
B.
Clubs, lodges, and fraternal organizations. In districts where permitted,
these and similar uses are restricted to those not conducted primarily
for gain, although a dining room may be operated for the benefit of
club members, provided that no sign advertising the sale of food or
beverages will be permitted. Social activities normally accepted as
a part of the organization's program but not open to the general public
will be permitted. Buildings or structures hereafter converted or
erected for such use are subject to all applicable regulations for
the district in which the facility is to be located.
C.
Dumps and dumping. Dumps shall be permitted only when operated under
authorization and strict supervision of the City Council.
D.
Public garages and filling stations. In districts where permitted
these uses are subject to the following general regulations:
(1)
No bulk storage of gasoline or other volatile liquids shall be permitted
above ground.
(2)
Underground storage shall be permitted to that which is necessary
for the retail servicing of mobile equipment by means of mechanical
measuring devices and/or pumps used to transfer liquids from underground
storage to licensed or otherwise legally approved vehicles.
(3)
The liquid capacity of an underground storage facility shall not
exceed 6,000 gallons. The maximum number of such facilities shall
not exceed three.
E.
Manufacturing permit. In order that the Zoning Officer may have a
reasonable basis upon which to approve a proposed industrial operation
for conformity to the requirements of this chapter, the following
data shall be submitted with an application for a permit:
(1)
Plot plan.
(2)
Architectural plan.
(3)
Description of operation.
(4)
Engineering and architectural plans for water supply and sewage disposal.
(5)
Plans for prevention or control of noise, vibration, glare, fire
hazards, air pollution, water pollution, and traffic.
(6)
Proposed fuel.
(7)
Number of shifts and maximum employment per shift.
(8)
Additional pertinent data as may be required by the Zoning Officer.
F.
Mining. Deep mining shall be permitted only upon authorization of
the City Council, as a result of a public hearing thereon by the City
Council, duly advertised as provided by law, and requested by the
owner of the land under question.
G.
Motels. In districts where permitted, motels shall be subject to
the following safeguards and regulations:
(1)
No motel shall have a lot area less than one acre.
(2)
Motels shall utilize collective sewers connecting with an approved
sewage disposal system.
(3)
Front, side and rear yards of the motel shall be permanently landscaped
and maintained in good condition.
(4)
Cabins or parts thereof shall be placed no closer to any lot line
than 30 feet.
(5)
The space between cabins or multiple units shall be not less than
20 feet and the space between the fronts or rears of cabins or multiple
units shall be not less than 60 feet.
(6)
At least one parking space shall be provided on the premises for each accommodation. Off-street parking and loading spaces for other facilities developed on the motel premises shall be provided as required by Article IV.
(7)
Every cabin or unit shall be provided with running hot and cold water
and toilet facilities.
(8)
With the application for a permit, a plan shall be submitted to the
Zoning Officer showing the following:
H.
Multiple dwellings. Multiple dwellings shall be permitted, subject
to the controls and/or regulations set forth for the specific district
in which a request for permit for construction of, and/or conversion
to, multiple housing is made. Where such housing is permitted, a conditional
use shall be necessary. Issuance of the conditional use shall be subject
to compliance with regulations as set forth in this chapter.
[Amended 11-20-2014 by Ord. No. 1798[1]]
[1]
Editor's Note: This ordinance provided that all uses previously
permitted by special exception are reclassified as conditional uses.
I.
Municipal buildings and uses. This chapter shall not apply to any
building of the City if the City Council shall decide that such building
or extension thereof or such use of any premises is reasonably necessary
for the convenience or welfare of the public.
J.
Public utility buildings and uses. This chapter shall not apply to
any existing or proposed building or extension thereof used or to
be used by a public utility corporation, if upon petition of such
corporation the Pennsylvania Public Utility Commission shall, after
a public hearing, decide that the present or proposed situation of
the building in question is reasonably necessary for the convenience
or welfare of the public. Essential services shall be permitted, without
public hearing, as follows:
(1)
Essential services. The erection, construction, alteration, use and
maintenance by municipal or governmental agencies and public utilities
or public service corporations of such facilities as are reasonably
necessary for the furnishing of adequate service by such agencies,
utilities or public service corporations or for public health, safety
or general welfare, including underground or overhead electrical,
gas, steam or water transposal systems, including poles, wires, lines,
mains, drains, sewers, conduits, cables, fire alarm boxes, police
call boxes, traffic signals, hydrants, gas regulator and measuring
devices, including the structures in which they are housed, and other
similar equipment and accessories in connection therewith, provided
that any structure housing such equipment shall conform to the general
character as to appearance and structural material of the other structures
within the district, and further provided that such structure shall
not include the storage of vehicles or equipment necessary to the
normal maintenance, repair or installation for any utility. Structures
shall not be permitted for the housing of transformers, pumps and
similar equipment that cause any noise, odor, smoke or other hazardous
effect. The installation of these "essential services" shall be permitted
without the requirement of a public hearing by the Public Utility
Commission, the City Council or the Zoning Hearing Board.
K.
Schools, hospitals, churches and other public buildings. In districts
where permitted, these uses shall meet the following requirements:
(1)
Lot coverage. Lot area covered by all buildings, including accessory
buildings, shall not be greater than 30% of the area of the lot.
(3)
Off-street parking. Parking shall be provided in accordance with the provisions of Article IV of this chapter. Portions of the required front-yard setback may be used for off-street parking when authorized as a conditional use.
[Amended 11-20-2014 by Ord. No. 1798[2]]
[2]
Editor's Note: This ordinance provided that all uses previously
permitted by special exception are reclassified as conditional uses.
(4)
Service and access drives shall be at least 15 feet wide and not
over 25 feet wide and shall be permitted to cross required yard areas,
provided that the center line of the permitted drive shall not be
at a lesser angle to the street line than 60°.
L.
Service stations; taverns.
(1)
No tavern or fueling pumps of an auto service station shall hereafter
be located closer than 300 feet to any lot line of a school, hospital
or public institution for human care.
M.
Swimming pool, private. Private swimming pools shall be a permitted
accessory use in any district and shall comply with the following
conditions and requirements:
(1)
The pool is to be used solely for the enjoyment of the occupants
of the principal use of the property on which it is located.
(2)
It may not be located, including any walks or paved areas or accessory
structures adjacent thereto, closer than 10 feet to any property line
of the property on which located.
(3)
The swimming pool, or the entire property on which it is located,
shall be so walled or fenced as to prevent uncontrolled access by
children from the street or from adjacent properties. Said fence or
wall is to be not less than four feet in height and maintained in
good condition. When a fence is used, it shall not have any openings
greater than four inches by six inches, except for approved gates,
and when said fence is formed of metal or wire, such metal or wire
shall be not less than number six gauge.
N.
Trailer camps. Trailer camps shall not be permitted.
O.
Trailers and/or mobile homes shall not be permitted in any district
except when authorized as a conditional use[3] for a limited period of time, and when so authorized shall
be subject to the following:
(1)
A temporary permit shall be required and said permit, if issued,
shall indicate the period of time for which the exception was granted
and, further, that no temporary permit shall be issued for any period
exceeding one year. No temporary permit shall be granted for a trailer
to be used for residential purposes.
(2)
Any person, firm or corporation holding a legal temporary permit
may apply for an extension of time not to exceed 90 days. Such application
shall set forth the reason or reasons necessitating the extension.
(3)
The Zoning Hearing Board shall grant an extension of the temporary
permit time limit if, in its opinion, the person, firm or corporation
encountered unforeseen circumstances deemed to be no fault of their
own in carrying out the operations for which the original temporary
permit was issued.
(4)
Storage and/or parking of trailers by owners thereof will be permitted
on property on which said owner is resident and further subject to
the following:
(a)
No more than two trailers can be parked on any one property.
(b)
All trailers so parked shall be in rear yards only and, when
possible, adjacent to an existing garage.
(c)
In every case, the trailer shall be so placed as to render it
the most inconspicuous with relation to neighboring properties.
[3]
Editor's Note: All uses previously classified as permitted
by special exception are reclassified as conditional use 11-20-2014
by Ord. No. 1798.
P.
Trailers existing prior to the effective date of this chapter shall
be classified as nonconforming, and shall be subject to the following
controls:
(1)
The space occupied by a nonconforming trailer shall not be deemed
a trailer site and should it be vacated for any period of time exceeding
24 hours shall not thereafter be used for trailer purposes except
as permitted by this chapter.
(2)
The addition of rooms, porches, terraces and/or other expansion facilities
shall be prohibited.
As provided herein, a building may be erected, altered or used
for any trade, industry or business that is not obnoxious or offensive
by reason of odor, dust, smoke, gas, vibration, illumination or noise
or otherwise creates a nuisance or hazard to public health, safety
and welfare. In addition to uses that may be prohibited by reason
of the above, the following uses are specifically prohibited:
A.
The incineration, reduction or storage of offal, animals, fish or
similar objectionable refuse.
B.
The tanning or storage of rawhides or skins and fat rendering.
C.
The manufacture of gunpowder, fireworks, liquid gas, or other explosives
excepting as may be a by-product of other manufacturing operations.
D.
Racetracks of all types.
E.
Slaughterhouses, stockyards and fertilizer plants.
F.
Junkyards, auto wrecking and/or salvage yards.
G.
Strip mining.
A.
A certificate of nonconformance shall be issued by the Zoning Officer
for all structures in conflict with the use designated for the zone
in which they are situated, when requested by the owner of such structure.
B.
Continuation.
(1)
Any lawful use of a structure or land existing at the effective date
of this chapter may be continued although such use does not conform
to the provisions of this chapter.
C.
Extensions.
(1)
A nonconforming use of a building may be extended throughout the
building if no structural alterations are made therein, provided that
such extension may include structural alterations when authorized
as a conditional use.[1]
[1]
Editor's Note: All uses previously classified as permitted
by special exception are reclassified as conditional use 11-20-2014
by Ord. No. 1798.
(2)
A nonconforming use may be extended upon a lot occupied by such use
and held in single and/or separate ownership at the effective date
of this chapter when authorized as a conditional use,[2] provided that such extension does not replace a conforming
use, and does not violate the yard requirements of the zone in which
the new conforming use exists.
[2]
Editor's Note: All uses previously classified as permitted
by special exception are reclassified as conditional use 11-20-2014
by Ord. No. 1798.
(3)
A nonconforming structure which violates the yard requirements of
the zone in which it exists may be extended laterally so long as the
extension does not increase the yard violation and the lateral extension
does not exceed 50% of the existing structure's length parallel to
the lot line.
D.
Changes. A nonconforming use of a building or land may be changed
to use of an equal or more restricted classification.
E.
Restoration. A nonconforming structure that has been damaged or destroyed
by fire, windstorm, lightning, or a similar cause deemed to be no
fault of the owner may be rebuilt, provided that the owner applies
for and receives authorization for such rebuilding from the Zoning
Hearing Board, subject to the following:
(1)
If the damage is less than 75% of the real value prior to destruction, rebuilding may take place upon the original foundation; however, if any expansion is proposed and approved, the rebuilding shall be controlled by all setback and open space requirements for the district in which it is located and, when applicable, parking and loading requirements as set forth in Article IV of this chapter.
(2)
If the damage is greater then 75% of the real value prior to destruction, rebuilding shall conform with all the setback and space requirements for the district in which it is located and, when applicable, parking and loading requirements as set forth in Article IV of this chapter.
(3)
No rebuilding shall be undertaken as provided herein until plans
and specifications for rebuilding have been presented and approved
by the Zoning Hearing Board.
F.
Abandonment. If a nonconforming use of a building or land ceases
for a period of one year or more, subsequent use of such building
or land shall be in conformity with the provisions of this chapter.
G.
Building permits for nonconforming uses. In a case where a building
permit has been issued prior to the effective date of this chapter
and the proposed use of land and/or building does not conform with
this chapter, said proposed use shall be regulated by the nonconformance
use requirements of this chapter and shall be considered the same
as a lawful nonconforming use if construction other than excavation
and foundations is undertaken within a period of 30 calendar days
after the issuance date of said building permit and construction thereof
is completed within 12 calendar months from the issuance date of the
building permit.
A.
The height of any building may exceed the maximum permitted height
by one foot for each additional foot by which the width of each yard
exceeds the minimum yard regulation for the district in which the
building is located.
B.
Height regulations shall not apply to spires, belfries, cupolas,
penthouses or domes not used for skylights, water tanks constructed
for the purpose of storing water, bulkheads, television antennas,
silos, flagpoles not incidental to a wireless communications facility,
and ornamental or necessary mechanical appurtenances.
[Amended 10-10-2016 by Ord. No. 1815]
C.
For all residential uses, accessory buildings shall not exceed 14
feet in height.
D.
No structure shall be hereafter erected less than one story in height.
A.
The minimum habitable floor area of a single-family detached dwelling
hereafter erected shall be 600 square feet. Bathrooms, closets, utility
rooms, basements, attics, hallways, stairways and unheated areas shall
be floor area in excess of the 600 square feet required.
B.
In the case of apartment houses, 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 shall contain not less than 300 square feet of habitable floor area. (See Article XVIII of this chapter, the definition of "floor area, habitable.")
A.
In the case of a lot held in single and separate ownership at the
effective date of this chapter which does not fulfill the requirements
for the minimum area for the district in which it is located, a building
may be erected or altered thereon when authorized as a conditional
use.
[Amended 11-20-2014 by Ord. No. 1798[1]]
[1]
Editor's Note: This ordinance provided that all uses previously
permitted by special exception are reclassified as conditional uses.
B.
In the case of a lot held in single and separate ownership at the
effective date of this chapter, and/or the case of new development,
which because of unusual conditions of slope, depth or width has difficulty
in providing the required open spaces of the district in which it
is located, the required open spaces may be decreased when authorized
as a conditional use.
[Amended 11-20-2014 by Ord. No. 1798[2]]
[2]
Editor's Note: This ordinance provided that all uses previously
permitted by special exception are reclassified as conditional uses.
C.
No lot area shall be so reduced that the area of the lot shall be
smaller than herein prescribed.
D.
Access to lots. No dwelling shall hereafter be erected or altered
unless there is direct access to it through an open space on the same
lot. Such open space shall be at least 12 feet wide and shall extend
from the dwelling to a public street or highway or to a private street
or highway having a cartway so constructed and maintained that vehicles
of all kinds may readily pass over it at all seasons of the year.
For the purpose of this section, an alley shall not constitute a public
street or highway.
A.
Front yards.
(1)
Each lot shall have a front yard as required in the district in which
the lot is located, unless a greater front-yard (setback) restriction
is or will be required by a major thoroughfares setback ordinance
or any other City ordinance.
(2)
On corner lots, the required front yard on the one dimension may
be reduced by an amount not to exceed 30% of the required front-yard
depth.
(3)
When 40% or more of the frontage on one side of the street between
two intersecting streets is improved with buildings that have a front
yard which is greater or lesser than the required front yard in the
district, no building shall project beyond the average front yard
established; provided, however that a front-yard depth shall not be
required to exceed 50% in excess of the front yard otherwise required
in the district in which the lot is located.
B.
Structures in yard areas.
(1)
Rear dwelling. In a residence district, no building to the rear of
and on the same lot with a main building shall be erected or used
for residence purposes.
(2)
Accessory building. Accessory buildings shall not be constructed
within any front or side yard, unless authorized by a conditional
use. Accessory buildings may be constructed in rear-yard areas but
not closer than 15 feet to the rear lot line.
[Amended 11-20-2014 by Ord. No. 1798[1]]
[1]
Editor's Note: This ordinance provided that all uses previously
permitted by special exception are reclassified as conditional uses.
(3)
Projections. No principal building and no part of a principal building
shall be erected within or shall project into the front, side or rear
yard of a lot, except cornices, eaves and gutters. Steps and stoops
or chimneys are permitted to project into yard areas, provided that
the projection is not more than 18 inches.
(4)
Vision obstruction. No walk, fence, sign or other structure shall
be erected or altered, and no hedge, tree, shrub or other growth shall
be maintained or permitted, which may cause danger to traffic on a
street or public road by obscuring the view.
(5)
Fences and walls. No fence or wall (except a retaining wall or wall
of a building permitted under the terms of this chapter) over four
feet in height shall be erected within any of the open spaces required
by this chapter, with the following exceptions:
(a)
Within the side and rear yards to a height of seven feet and
set back a minimum of one foot from the property line.
(b)
Within any required open space to a height of seven feet when
that portion of the fence or wall exceeding four feet in height contains
openings equal to 50% or more of the area of the fence or wall above
four feet and set back a minimum of one foot from the property line.
C.
Buffer yards required in addition to other spaces in industrial districts.
(1)
Where an industrial district abuts a residential district, a buffer
yard of not less than 30 feet shall be required.
(2)
Where an industrial district abuts a street that abuts a residential
district, a buffer yard of not less than 15 feet shall be required.
(3)
Where an industrial district abuts a stream, a buffer yard of not
less than 15 feet shall be required.
(4)
All of the foregoing buffer yards shall be planted and maintained
with a vegetative material to include a row of trees not more than
40 feet on center. It shall be the responsibility of the property
owners to select trees and/or shrubs for planting of buffer areas.
However, to protect public sewers, waterlines, appurtenant structures,
and to ensure the continuing safe use of sidewalks, curbs and other
paved areas, the following trees shall not be planted in buffer areas:
(5)
Buffer yards other than interior side or rear buffer yards may be
crossed by access roads and service drives not more than 35 feet in
width, provided that the angle of the center line of the road or drive
crosses the lot line and buffer yard at not less than 60°.
A.
Where a court is provided for the purpose of furnishing adequate
light and air, or where a court is otherwise provided, such court
shall conform to the requirements of this section.
B.
An open space in the form of an inner court or outer court shall
be provided in connection with any building in any residence or business
district wherever any room therein in which a person or persons live,
work, sleep or congregate cannot be adequately lighted and ventilated
from the street or yard. Such court shall be adjacent to such room,
the windows of which shall open in such court.
C.
Outer court.
(1)
The width of any outer court upon which windows from a living room,
bedroom or dining room open shall be not less than the height of any
opposing wall forming said court. The depth of an outer court formed
by walls on three sides shall be not greater than 1 1/2 times
the width.
(2)
The width of any outer court shall be not be less than 2/3 the height
of any opposing wall forming said court, and the depth shall not be
greater than 1 1/2 times the width.
D.
Inner court.
(1)
The least dimensions of an inner court shall not be less than the
full height of the walls enclosing such court, but not less than 50
feet.
(2)
An open and unobstructed passageway shall be provided at the grade
level of each inner court. Such passageway shall have a cross-section
area and sufficient headroom to permit the passage of firefighting
equipment and shall be continuous from the inner court to a yard or
an unobstructed open area between buildings.
A.
In all districts, no permanent structure shall be permitted within
15 feet of any stream or existing natural drainage channel.
B.
If normal agriculture operations require a fence to cross a stream
or drainage channel, such fence shall be permitted only if it does
not restrict the natural flow of water.
[Amended 7-24-1995 by Ord. No. 1544]
The application for a building permit, except one-family use,
shall be accompanied by a site plan showing building location, service
and parking areas and access to highways; said plans shall bear evidence
of approval by the Planning Commission. Where a driveway or access
road gives access to a state road or highway, approval by the Pennsylvania
Department of Transportation shall also be required.
Any building existing at the effective date of this chapter
in a district permitting conversion apartments may be converted to
a dwelling for more than one family, providing that:
A.
The lot area per family shall conform to the regulations for the
district in which located.
B.
There is no exterior evidence of change in the building except as
required by building or housing codes.
C.
Fire escapes, where required, shall be in the rear or at the side
of the building and shall not be located on any wall facing a street.
[Amended 7-24-1995 by Ord. No. 1544]
Where the City Council in this chapter has stated conditional
uses to be granted or denied by the City Council pursuant to express
standards and criteria, the City Council shall hold hearings on and
decide requests for such conditional uses in accordance with such
standards and criteria. In granting a conditional use, the City Council
may attach such reasonable conditions and safeguards, in addition
to those expressed in this chapter, as it may deem necessary to implement
the purposes of this chapter and the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
